The Irrawaddy Magazine

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• NZ National May Face 4 Years for Insulting Religion: Lawyer
• Thai NGOs Call for Improved Social Benefits for Migrant Workers
• Koh Tao Suspects Innocent: Govt Investigation Team
• Govt Message ‘Contradictory’ on Return of Exiles: Activists
• Police Say They Cannot Investigate Company Thugs Attacking ‘Squatters’
• Rangoon Govt to Seize 80% of Idle Industrial Zones
• Burma Among World’s ‘Top 10 Jailers of Journalists’
• Rights Groups Call on President to Drop Charges Against Slain Schoolgirl’s Father
• Election Chief Under Fire for Raising Prospect of Coup
• US Determines North Korea Behind Sony Attack as Studio Pulls Movie
• Dalai Lama Says His Role Should Cease After his Death
• US, Cuba Patch Torn Relations in Historic Accord 
• Thai Junta-Backed Council Recommends Direct Election of PM
• Thailand Fails to Clean Poisoned Creek Despite Court Order: Rights Group

NZ National May Face 4 Years for Insulting Religion: Lawyer Posted: 18 Dec 2014 04:48 AM PST   Philip Blackwood, a New Zealand national, is accused of insulting religion. (Photo: Steve Tickner / The Irrawaddy) RANGOON — Philip Blackwood, a New Zealand national arrested last week after distributing materials deemed to be inflammatory, was arraigned along with his two local business partners at a Rangoon court on Thursday. Blackwood's defense lawyer Mya Thwe told The Irrawaddy just outside the Bahan Township Courthouse that his client now faces three charges including two counts of insulting religion and one count of disobeying orders. Mya Thwe said that Blackwood will be charged in accordance with Burma's existing laws, and that he could face four years in jail. "He acted against our existing laws, but he apologized," said Mya Thwe, predicting that his client will likely be convicted. Blackwood pleaded not guilty to all charges. He was denied bail and is being held in Rangoon's infamous Insein Prison, where he has been detained since his arrest. On Dec. 10, police arrested Tun Thurein, owner of V Gastro Bar, and managers Htut Ko Ko Lwin and Blackwood after an image posted on the venue's Facebook page went viral. The image was an illustration advertising an event, picturing the Buddha wearing headphones against a psychedelic backdrop. Some internet Internet users found the image offensive to Burma's dominant religion, Buddhism. All three men now face charges for violation of articles 295, 295(a) and 188 of Burma's Penal Code. The first two charges pertain to destruction, damage or defilement of sacred places or objects with intent or knowledge that the action could cause insult. Article 188, under a chapter of the Penal Code covering contempt of authority, pertains to disobeying an order issued by a public servant. The defense attorney said the charge related to keeping the V Gastro Bar open after authorized hours. All three defendants are set to appear in court again on Dec. 26. Blackwood's case has drawn the attention of foreigners and locals alike, as both brace to see how the courts will handle sensitive cases related to religious offense. The past two years in Burma have seen often deadly violence between its majority Buddhist and minority Muslim populations, giving rise to nationalist and sometimes extremist sentiments. Ethnic and religious tension fortified a broad movement to strengthen the country's Buddhist identity, manifesting in powerful syndicates like the Association for the Protection of Race and Religion, known locally as Ma Ba Tha. Members of the group turned up in droves outside the courthouse on Thursday to voice their opinions on the case. One member, Win Thein, told The Irrawaddy that he felt a responsibility to see the case through. "We [Buddhists] have a duty to come here," he said, "We need to watch this case closely. We cannot decide to punish [the defendants], but we have our own lawyers. Our lawyers will do the work if we are not happy about the court's decision." Some expressed concern that Blackwell could set a precedent of culturally insensitive behavior among foreigners. "They should be sentenced to prison. If not, more and more people will hurt our religion," said a 40-year-old woman standing in front of the courthouse, donning a Ma Ba Tha tT-shirt. "If we don't protect [Buddhism] it will disappear." Blackwell and his colleagues said in a statement shortly after their arrest 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." The post NZ National May Face 4 Years for Insulting Religion: Lawyer appeared first on The Irrawaddy Magazine.

Thai NGOs Call for Improved Social Benefits for Migrant Workers Posted: 18 Dec 2014 04:29 AM PST A Thai employer, left, monitors migrant workers from Burma working on his fishing boat at a port in the town of Mahachai near Bangkok on March 11, 2010. (Photo: Reuters / Damir Sagolj) CHIANG MAI, Thailand — Burmese migrants and NGOs supporting migrants in Thailand have called on the Thai government to reform its social security system so that legally registered Burmese, Laotian and Cambodia workers in the country can gain long-term benefits from the system. Brahm Press, the director of the MAP Foundation for the Health and Knowledge of Ethnic Labor, said the group, along with half a dozen other community-based organizations, had sent an open letter to the Thai Ministry of Interior's office at Chiang Mai City Hall and to the Thailand's Legal Reform Committee. The organizations made their appeal on Thursday to mark International Migrant Day; in Chiang Mai, northern Thailand, they also organized a conference on the theme of "Social Security for Migrant Workers" "We include a couple of demands in our letter; such as calling for having systematic social security system for the migrants and having an easier work permit system for migrants," he said. Brahm Press said current Thai laws prevent registered migrants from building up social security benefits over the long term despite the fact that they pay for them, as their visas expire after four years. Migrants can only return to Thailand after renewing their passports and adopting a new name, causing them to lose all social, health and retirement benefits they built up. "As they have to go back to their country after four years of working in Thailand, and have to come back to Thailand under a new name in their passport, the social security benefits they paid for during the whole four years have gone," he said. "They should be redeemed for what they have saved under the social security fund," Brahm Press added. The language barrier is another problem the migrants face as they seek to access the benefits for they paid. Atiwan Chan Chuay, a Thai Lawyer from the MAP Foundation, said she believed there was a good chance that the Thai government would install the social security reforms that the NGOs were demanding. "Thailand should adopt these specific long-term policies," she said, adding that this would strengthen the socio-economic position of migrant workers. The Thai economy relies heavily on cheap, unregulated labor supplied by its poor neighbors Burma, Cambodia and Laos. Estimates of the total number of migrants vary widely, and up to 3 million Burmese and half a million Cambodians are said to be working in Thailand, often performing unskilled jobs in construction sector, restaurants or the fishing industry. Many cross the border into Thailand illegally and lack official identity papers, Thai working visas and other legal documentation. As a result, many work as unregistered laborers, leaving them vulnerable to exploitation by employers and authorities. Despite numerous campaigns by migrant rights groups, there has been little improvement in the migrants' situation in the past decade. The post Thai NGOs Call for Improved Social Benefits for Migrant Workers appeared first on The Irrawaddy Magazine.

Koh Tao Suspects Innocent: Govt Investigation Team Posted: 18 Dec 2014 04:18 AM PST Migrant rights activist Htoo Chit, lawyer Aung Myo Thant and investigation team member Kyaw Htaung at a press conference on Thursday. (Photo: Sai Zaw / The Irrawaddy) RANGOON — A team formed by the Burmese government to investigate the Koh Tao case has announced that it is confident the two Burmese nationals accused of the double murder are innocent of the crime. Three members of a special support team operating out of the Burmese Embassy in Thailand told a press conference on Thursday that Zaw Lin and Win Zaw Htun, both 21, would be exonerated of the September murder of British tourists Hannah Witheridge and David Miller in Koh Tao, but it will take time, money and effort for the truth to be fully revealed. "However the Thai judiciary decides on the case, it is our belief that these two kids did not commit the crime," said Htoo Chit, a spokesman for the investigation. "According to what we know and eyewitness information we have gathered, we believe they are innocent." As a longtime migrant rights activist and executive director of the Foundation for Education and Development, Htoo Chit said that the case against the pair had important ramifications for migrant workers in Thailand from across the region. "This case is not only about Zaw Lin and Win Zaw Htun," he said. "This is also about protecting the rights of millions of migrants from Laos, Cambodia and Myanmar who came to work in Thailand due to economic hardship." Aung Myo Thant, a Burmese lawyer who is part of the Burmese Embassy's special support team for the defendants, told the press conference that the translator used during the police interrogation of the suspects falsely claimed to be a representative of the embassy, and told the suspects that they would be subject to a lighter penalty if they admitted their guilt. "According to the Thai law, the translator used in Police station and court must hold a certificate recognized by the state," he said. "But the translators used in Surat Thani and in Koh Samui had no accreditation." The investigating team said they had identified at least three key witnesses for the defense case in Rakhine State, Sagaing Division and Tenasserim Division, but they are unwilling to testify for fear it will jeopardize their future chances of working in Thailand. "Cooperation from migrants living at [Koh Tao] is also weak," said Htoo Chit. "They could be threatened. This is our main challenge. If a witness came forward who knew the events and testified, this case could be turned upside down." The Thai National Human Rights Commission, Lawyers Council of Thailand and various individuals have also assisted the Burmese government's investigating team in locating witnesses. Htoo Chit expressed confidence that the upcoming trial would vindicate the pair if conducted fairly. "We will win if this case is conducted with justice under the rule of law," Htoo Chit said. Zaw Lin and Win Zaw Htun were indicted on Dec. 4 and pleaded not guilty to all charges. A preliminary hearing for the pair will be held on Dec. 26. The post Koh Tao Suspects Innocent: Govt Investigation Team appeared first on The Irrawaddy Magazine.

Govt Message ‘Contradictory’ on Return of Exiles: Activists Posted: 18 Dec 2014 03:58 AM PST Former Burmese exile Aung Myo Min, middle, and current exile Khin Ohmar, left, at a press conference in Rangoon on Thursday. (Photo: Sai Zaw / The Irrawaddy) RANGOON — Human rights and political activists in Burma have accused the government of failing to make good on its promise to welcome the return of Burmese exiles, saying "the government's words and actions are contradictory." At a press conference on Thursday in Rangoon, three Burmese activists formerly or currently in exile urged the government to articulate and enact clear policies on matters related to their repatriation, including the application processes for visas and permanent residency, and the reinstatement of citizenship. The activists also warned that a lack of clear policies would go against President Thein Sein's stated objective of national reconciliation in a democratizing Burma. Their press conference comes more than three years after Thein Sein's announcement that the Southeast Asian country would welcome the return of exiles that fled Burma throughout decades of brutal military dictatorship. Since 2011, the government has made overtures to the Burmese exile community, with Thein Sein in September 2012 telling the UN General Assembly that "the coming back with dignity of the exiled political forces" was evidence of the country's progress toward democracy. Ahead of his visit to Washington in May 2013, he further pledged to ease resettlement for formerly blacklisted individuals. "He cited our return as [a sign of] progress in the country. But what he failed to mention is we are facing hurdles [in obtaining visas, applying permanent residency and reinstating citizenship]," said Aung Myo Min at the press conference. The director of the NGO Equality Myanmar has been waiting for more than eight months to have his citizenship reinstated. "Some have already got the citizenship. When I asked the relevant authorities why my application is taking so long, no one knows. It seems they are considering case by case," he added. The government announced earlier this year that it would introduce a system of permanent residency for foreign nationals in December, but Aung Myo Min pointed out Thursday that the policy's bylaws exclude anyone who has sought political asylum in other countries from eligibility. "The problem is most of the exiled activists have the asylum status. So the PR seems to have nothing to do with them. It's unclear whether they are intentionally excluded," he said. Following Aung Myo Min's remarks, fellow activist Bo Kyi, who was slated to speak at Thursday's press conference in Rangoon, was forced to instead call in from neighboring Thailand, where he has been waiting two weeks for his entry visa to Burma. "In the past, it took a day or a few days to get it. When I contacted the President's Office, I didn't get a proper reply," Bo Kyi told media via telephone from Thailand, where his Assistance Association for Political Prisoners (AAPP) is based. Khin Ohnmar, the founder and director of a human rights network called Burma Partnership, said she typically would receive a Burmese visa within a day over the last two years. "But this time I was told that the embassy was seeking permission from Naypyidaw as the policy was changed and I had to wait for two weeks," said the activist, who is now in Burma on 28-day "social visit" visa. She said it was likely that the delay was a repercussion for what she did in Burma during her previous trips, when she faced trouble from authorities. "I was followed while doing my work, and restrictions were imposed on me like 'don't say this' or 'don't say that,'" she recounted. "I don't like that kind of situation. We have different views from the government, but they shouldn't do something like giving visas or citizenship to those who only support [them], not to those who have different views," she said. Maung Maung Than, the director general of Burma's Department of Immigration and National Registration, told The Irrawaddy that Burma didn't need a more clear policy on resettlement because laws and regulations on the matter were already in place. "There will be no delay if your application is complete," he said. "They are just blaming the government for their own shortcomings. If they are not pleased with what we are doing, they can lodge complaints." "For any delays in visa issuances or denials, it's up to the relevant embassies," he added. Khin Ohmar said she had no idea what would happen when she next applies for a visa in January. "If my visa is rejected, I will think they no longer welcome me because I have different views, and take it as their clear policy. "But I hope it won't happen," she added. The Irrawaddy reporter San Yamin Aung contributed to the reporting. The post Govt Message 'Contradictory' on Return of Exiles: Activists appeared first on The Irrawaddy Magazine.

Police Say They Cannot Investigate Company Thugs Attacking ‘Squatters’ Posted: 18 Dec 2014 03:11 AM PST A motorbike was destroyed during an attack by thugs allegedly paid by a company to drive poor families of a piece of land in Hlaing Tharyar Township. (Photo: Sai Zaw / The Irrawaddy) RANGOON — Rangoon police said they cannot launch an investigation into an alleged attack earlier this week by dozens of thugs on families living on land in Hlaing Tharyar Township that is being claimed by a construction company. The families, who authorities have termed "squatters," said they were attacked on Monday and Tuesday night by some 200 thugs who were allegedly paid by a company to drive them off the land. The firm is planning develop the area into the Emerald Green Housing Project. "They came in two light trucks and on more than 70 motorbikes, and destroyed the houses around 11 pm on Monday with swords and sticks. There were more than 1,000 houses and some were occupied and some not," said Aung Linn, whose home was attacked. "The next day, we staged a protest in front of the [project] committee office, asking them to allow us stay. Around 7 pm that day, we were raided again," he said. Hlaing Tharyar Township Police Maj. Than Myint Oo said six "squatters" were injured during the unrest, while four homes and one motorbike were destroyed. Than Myint Oo said police believed that the company had been involved in organizing the unrest, but said authorities were not taking action as no complaint had been filed. "The company implementing the housing project paid people to destroy the squatters' houses," he said. "As neither side has reported the case, we have not taken action against anyone yet. No one was killed, but some were injured." A member of the project development committee, who was speaking on condition of anonymity, said the company would hold a press conference later to address the incident. She added that some 400 people had already bought housing plots in the Emerald Green Housing Project. Rangoon Division parliament member Nay Lin, who represents Hlaing Tharyar Township constituency, said he was preparing to file a complaint with authorities over the attack. "I learnt that those who destroyed [the houses] were hired by the company. I am now collecting information and then I'll send letters to the [Rangoon] Division chief minister and border affairs and security minister to ask for justice," he said. Tensions remain high in the area and some 30 policemen were deployed on Wednesday night to maintain order. Local resident Win Zaw Oo said he believed that some of the attackers were staying in the neighborhood and he feared another clash was imminent. The company has been in a dispute with hundreds of families over the ownership of several acres of land on Rangoon's western outskirts. Authorities have granted the firm the rights to develop the area into the Emerald Green Housing Project. Local newspaper 7 Day Daily News reported that land prices in the area, like in many other parts of Rangoon, have sharply risen in recent years and prices in the area of the dispute range from about US$6 to $12 per square foot. Poor families say they paid money to local landlords for use of the ramshackle homes and huts they live in. It is unclear what legal claim landlords would have to the land. Most families are from Irrawaddy Delta and moved to Rangoon in search of work after their communities and farms were destroyed during Cyclone Nargis in 2008. The post Police Say They Cannot Investigate Company Thugs Attacking 'Squatters' appeared first on The Irrawaddy Magazine.

Rangoon Govt to Seize 80% of Idle Industrial Zones Posted: 18 Dec 2014 03:03 AM PST A Buddhist Monk walks through construction site at Rangoon Division's Thilawa economic zone in 2012. (Photo: Reuters / Soe Zeya Tun) RANGOON — Rangoon's Industrial Zones Management Committee has received business proposals for only about 20 percent of the idle land holdings in divisional industrial zones by a government-imposed deadline this week, according to Myat Thin Aung, chairman of the Hlaing Tharyar Industrial Zone. The divisional Industrial Zones Management Committee, under Rangoon's Department of Human Settlement and Housing Development, announced late last month that the owners of idle industrial plots would be required to submit business plans by Dec. 15. As of Monday, the management committee had received about 700 proposals among some 2,400 vacant plots and 1,000 warehouses that currently sit idle, Myat Thin Aung told The Irrawaddy. "After receiving these business proposals, the committee will report to Vice President Nyan Tun. The amount of proposals is very low compared with the total number of idle plots in zones in Yangon," he said. After the deadline passed on Monday, industry sources said some warehouse owners made an appeal to the government, requesting that they be allowed to continue holding the land despite the absence of a business plan. The appellants rent to other businesses, who use the warehouses to store beans and pulses, rice and other imported and exported agricultural products. "Some people thought that they would profit [through speculation] even they don't have any business plan on what to do on these plots. That is why they invested. Others have operated businesses at a loss and so have stopped," he said. The Industrial Zones Management Committee will evaluate the business proposals' viability beginning early next year. "Among all these idle plots, the rest of the plots [that haven't submitted business plans] will be withdrawn by the government, but they will receive land prices set by the government," Myat Thin Aung said. The divisional government would fix land prices at about 12 million kyats (US$12,000) per acre, he said, but rates would vary depending on the location. "The committee, after taking these plots, will auction them later. Most of the plots are in Shwe Pyitha, Thardu Lake, South Dagon, East Dagon and Dagon Seikkan industrial zones," he said. Aye Lwin, a businessman in the timber industry who operates in the Dagon Seikkan industrial zone, said he welcomed the plan to take back idle industrial landholdings, but urged the government to back its words with action. "It should have happened six years ago, when I was working as Thaketa industrial zone chairman. I suggested to the government to take action on these kind of idle plot owners, but they did nothing," he said. "There are still people who are playing the industrial land market, including some of Yangon's well-known industrial zones' committee chairmen," he said. "So the government needs to take action on this issue effectively. There should be a specific policy on it," he added. "You can see that there are only 700 proposals that the zones' management committee received. That means the rest of the people are trying to play the market." Among Rangoon's industrial zones, the most expensive lands are currently in Hlaing Tharyar Township, where a one-acre plot can sell for as high as 800 million kyats. In Shwe Pyithar, East Dagon, South Dagon and Dagon Seikkan townships, prices are averaging 300 million to 400 million kyats per acre. The post Rangoon Govt to Seize 80% of Idle Industrial Zones appeared first on The Irrawaddy Magazine.

Burma Among World’s ‘Top 10 Jailers of Journalists’ Posted: 18 Dec 2014 02:54 AM PST Staff of DVB Multimedia Group rallied for the release of Zaw Pe, a video-journalist jailed earlier this year. He was released in July, 2014. (Photo: DVB) Burma has one of the world's worst records for jailing journalists during the past year, according to an annual prison census by the Committee to Protect Journalists (CPJ). The New York-based NGO reported on Wednesday that Burma was among the "top 10 worst jailers of journalists," with 10 media professionals incarcerated at the time the survey was conducted. China was the worst offender this year with some 44 journalists in jail. This year's prison census identified a total of 220 imprisoned journalists across the globe. CPJ said that President Thein Sein and his administration, which replaced a military regime in early 2011, have been using "draconian and outdated security laws" to punish journalists. The group pointed out that five of the 10 prisoners were employees of the now-defunct Unity Weekly journal, who were jailed in July on charges under Burma's colonial-era Official Secrets Act. Four of the journal's reporters and the CEO were charged shortly after publishing an investigative report about an alleged chemical weapons facility. The five were initially sentenced to 10 years in jail with hard labor, and they are currently serving reduced 7-year terms. While journalists have enjoyed additional freedoms since a quasi-civilian government assumed power in 2011–notably the discontinuation of pre-publication censorship in August 2012–some observers have accused the government of backsliding on reforms. In September, freelance journalist Aung Kyaw Naing, also known as Par Gyi, was killed in the custody of the Burma Army while reporting on armed conflict between the government and ethnic rebel groups in southeastern Burma, deeply scarring the country's media-friendly image. France-based watchdog Reporters Without Borders this week published an annual tally revealing that 66 journalists were killed worldwide in 2014. The post Burma Among World's 'Top 10 Jailers of Journalists' appeared first on The Irrawaddy Magazine.

Rights Groups Call on President to Drop Charges Against Slain Schoolgirl’s Father Posted: 18 Dec 2014 12:59 AM PST Ja Seng Ing's student identity card. (Photo: Ja Seng Ing Truth Finding Committee) RANGOON — Six preeminent international human rights organizations have sent an open letter to President Thein Sein calling for an end to the prosecution of Shayam Brang Shawng and an independent investigation into the death of his daughter in Kachin State's Sut Ngai Yang Village. Brang Shawng, 49, is being prosecuted under Article 11 of Burma's Penal Code, which mandates a sentence of up to two years imprisonment and a fine for "false charges […] with intent to injure." In October 2012, Brang Shawng had written to the Myanmar National Human Rights Commission (MNHRC), alleging that soldiers from the Burma Army shot and killed his 14-year-old daughter Ja Seng Ing the previous month. The military maintains that Ja Seng Ing was killed by a mine belonging to the Kachin Independence Army (KIA). 10 Kachin community organizations, under the name of the Ja Seng Ing Truth Finding Committee, published a report two weeks ago in which several eyewitnesses stated that she was shot by the Burma Army during a retaliatory incursion into Sut Ngai Yang Village after a KIA mine injured at least two soldiers. Burma Army Major Zar Ni Min Paik initiated the prosecution against Brang Shawng in March last year, referring to an internal army investigation which concluded that a KIA mine was responsible for Ja Seng Ing's death and citing the letter to the MNHRC. "The case against Brang Shawng is a gross perversion of justice," said Matthew Bugher, Global Justice Fellow at Harvard Law School. "The military has retaliated against Brang Shawng for speaking out about the death of his daughter, rather than ensuring that those responsible are held to account." The MNHRC is appointed by and reports directly to President Thein Sein. Bugher told The Irrawaddy that Brang Shawng's prosecution is a clear violation of the Commission's establishing law. "Rather than upholding the rights of citizens, the Myanmar National Human Rights Commission has once again acquiesced in the face of military abuses and retaliation against rights defenders," he said. "The prosecution of Brang Shawng is based on his letter to the Commission, and yet the commission refuses to address the case in any way. In fact, the case violates the Commission’s law, which bars retaliatory actions against those submitting complaints." According to a press release from Fortify Rights, Brang Shawng has been forced to appear in court more than 40 times after repeated instances of the complainant or prosecution witnesses failing to appear. A key witness, the doctor who treated Ja Seng Ing's injuries and pronounced her dead, was "transferred to a remote posting in Chin State and struck from the witness list before he was able to testify in court," according to the release. The report of the Ja Seng Ing Truth Finding Committee includes testimony from Brang Shawng and his wife regarding the events surrounding their daughter's death, along with witness accounts from Ja Seng Ing's classmates, her teacher, and the owner of the home where she was treated. All agree that Ja Seng Ing died as a result of a bullet wound. Speaking after the release of the committee's report, Fortify Rights executive director Matthew Smith said that the Brang Shawng case was representative of a broader deterioration of conditions in Kachin State, since the breakdown of a ceasefire agreement with the KIA in 2011. "Our documentation has shown that the military’s behavior hasn’t changed," Smith told The Irrawaddy on Dec. 8. "We’ve documented unlawful killings, torture, and other abuses by the army and we’ve seen no accountability. This case goes a step further and persecutes a surviving family member." "On the peace process, I’d say: Not only are tensions rising but we’re also seeing ongoing abuses, impunity, and now attempts to silence human rights defenders like Brang Shawng. The government and military have an opportunity to change course on this case and we hope they do," he added. In addition to Fortify Rights and the Harvard Law School International Human Rights Clinic, signatories of the open letter to Thein Sein included Human Rights Watch, Amnesty International, Physicians for Human Rights and the International Commission of Jurists. Additional Reporting by Andrew D. Kaspar. The post Rights Groups Call on President to Drop Charges Against Slain Schoolgirl's Father appeared first on The Irrawaddy Magazine.

Election Chief Under Fire for Raising Prospect of Coup Posted: 18 Dec 2014 12:48 AM PST Union Election Commission chairman Tin Aye said this week that the military would stage a coup in the event of political or ethnic turmoil in Burma. (Photo: JPaing / The Irrawaddy) RANGOON — Senior members of political parties in Burma have slammed Union Election Commission (UEC) chairman Tin Aye for comments he made this week signaling the possibility of another military coup if "instability" threatened the nation. During remarks at meeting with artists at the Micasa Hotel in Rangoon, in which he also defended the Burma Army's continued role in politics, Tin Aye on Tuesday said the military would seize power in the event of political or ethnic turmoil in the country. He added, however, that such an outcome would not be desirable. Members of opposition and ethnic political parties have responded unfavorably, saying the comments were inappropriate, coming from the UEC chairman at a time when the prospect of constitutional reform is stirring considerable debate in Burma. Pro-democracy and ethnic minority factions are angling for an overhaul of the charter, a prospect that has been dismissed by Burma's politically powerful military establishment. "He should not have said so as the UEC chairman," said Sai Nyunt Lwin, general secretary of Shan Nationalities League for Democracy (SNLD). "The country is still in abject poverty even as the international community is giving assistance and rebuilding economic links with the country. Things will go from bad to worse if [the army] launches a coup because of instability. He clearly intends to threaten the people by saying so." Any instability, according to Aye Tha Aung of the Arakan National Party (ANP), could be handled collaboratively by the country's politicians and civil society, and would not require the military's intervention. "The country has deteriorated in every way because of coups by the army," he said. "Burmese citizens still can't escape from poverty brought about by dictators. [He] should not say to the people that [the army] could stage a coup again. He intends to impede the progress of the country by saying so." Tin Aye, an ex-general and former parliamentarian for the ruling Union Solidarity and Development Party (USDP), on Tuesday also justified the Burma Army's guaranteed 25 percent of seats in Parliament by claiming that military parliamentarians were playing a supporting role in the country's democratization. Phyu Phyu Thin, a Lower House lawmaker with the National League for Democracy (NLD), called on President Thein Sein to reprimand Tin Aye for his comments. "What he said was beyond his authority. He exceeded the authority of the president by saying so. We'll have to wait and see how the president will handle it, as he appointed him. He [Tin Aye] said earlier that he would ensure free and fair elections. He is now talking of a coup in case of violence, which is quite contradictory." Political analyst Bo Bo Kyaw Nyein said that because the 2008 Constitution allows the military to take a leading role in national politics as well as effectively authorizing a military coup, he viewed Tin Aye's words as a warning to political parties not to stir things up. Condemnation of the UEC chairman's remarks was not, however, universal. Hla Swe, an Upper House lawmaker with the USDP, echoed Tin Aye, saying the army would need to seize power if the country descended into chaos. "What would happen to the country if the army did not seize power in the case of instability? The army would seize power if things like the 1988 uprising happened again," he said. "If backsliding is not wanted, then make sure there is not instability." At present, the constitutional impasse is not the only development dimming reformists' hopes; efforts to end the country's long-running civil war with ethnic armed rebel groups appear to have stalled in recent months, though negotiators are due to meet in Rangoon next week to discuss prospects for a nationwide ceasefire as the first step toward a durable peace. The post Election Chief Under Fire for Raising Prospect of Coup appeared first on The Irrawaddy Magazine.

US Determines North Korea Behind Sony Attack as Studio Pulls Movie Posted: 17 Dec 2014 09:21 PM PST North Korean leader Kim Jong-un, left, looks at a computer screen as he visits a military base in this picture released by the North's official KCNA news agency on May 5, 2012. (Photo: Reuters / KCNA) LOS ANGELES — A US government source said investigators had determined North Korea was behind a cyberattack on Sony Pictures as the studio pulled all plans to release its comedy, "The Interview," about an assassination attempt on the North Korean leader. Hackers who said they were incensed by the film attacked Sony Corp last month, leaking documents that drew global headlines, and now they have forced an apparently unprecedented change of plans for a major movie release. Washington may officially announce soon that the North Korean government was behind the attack, the US government source said. The US$44 million film had been set to debut on Dec. 25, Christmas Day, on thousands of screens. "Sony has no further release plans for the film," a Sony spokeswoman said when asked whether the movie would be released later in theaters or as video on demand. Earlier in the day, Sony canceled next week's theatrical release, citing decisions by several theater chains to hold off showing the film. Sony came under immediate criticism for the decision. "With the Sony collapse, America has lost its first cyberwar. This is a very, very dangerous precedent," said former Republican House of Representatives speaker Newt Gingrich in a Twitter post. Fans of the film showed support in various ways. Texas cinema chain Alamo Drafthouse said its Dallas-Fort Worth theater would show the puppet-comedy "Team America: World Police" in which a US paramilitary force try to foil a terrorist plot by late North Korean leader Kim Jong-il. On Tuesday, the hacker group that broke into Sony's cimputer systems threatened attacks on movie theaters that planned to show "The Interview," a comedy about an assassination attempt on North Korea's leader, Kim Jong-un. The threat prompted major theater chains to drop plans for the film and then for Sony to cancel next week's release altogether. The White House National Security Council on Wednesday said the United States was investigating the Sony breach and would provide an update about who did it at the appropriate time. "The US government is working tirelessly to bring the perpetrators of this attack to justice, and we are considering a range of options in weighing a potential response," NSC spokeswoman Bernadette Meehan said, adding that the government was not involved with Sony's decision to pull the film. The US Federal Bureau of Investigation warned theaters and other businesses associated with "The Interview" on Tuesday that they could be targeted in cyberattacks, according a copy of the document reviewed by Reuters. Still, several US national security officials told Reuters the government had no credible evidence of a physical threat to moviegoers. Sony said it was "deeply saddened at this brazen effort to suppress the distribution of a movie, and in the process do damage to our company." The studio said it stood by the film makers of "The Interview." The post US Determines North Korea Behind Sony Attack as Studio Pulls Movie appeared first on The Irrawaddy Magazine.

Dalai Lama Says His Role Should Cease After his Death Posted: 17 Dec 2014 09:16 PM PST Tibet’s exiled spiritual leader the Dalai Lama answers questions at a news conference in Manchester, northern England, June 15, 2012. (Photo: Reuters) BEIJING — The Dalai Lama, Tibet’s exiled spiritual leader, has said he thinks his traditional religious role should cease with his death rather than a "stupid" successor replace him and disgrace himself. He told the BBC in an interview on Wednesday that the Tibetan people should decide whether to continue the spiritual line, which dates back to the 15th century. In Tibetan Buddhism, the soul of a senior lama is traditionally believed to be reincarnated in the body of a child on his death. China says the tradition must continue and it must approve the next Dalai Lama. In another interview with France24 television, the Dalai Lama said hardliners in the Chinese government were holding back President Xi Jinping from granting genuine autonomy to Tibet. Beijing accuses the Buddhist leader of being a violent separatist. He denies the charges, saying he only wants real autonomy for Tibet, a remote region ruled by the Communist Party since its troops marched in 1950. "The Dalai Lama institution will cease one day," he told the BBC. "There is no guarantee that some stupid Dalai Lama won’t come next, who will disgrace himself or herself. That would be very sad. So, much better that a centuries-old tradition should cease at the time of a quite popular Dalai Lama." The exiled Tibetan, 79, said he expected to live for another 15 or 20 years. The Dalai Lama said he took heart from hearing Xi talking about Buddhism recently. "This is something very unusual," he told France24. "A communist, usually, we consider atheist." Asked if the remarks led him to believe Xi was ready to discuss genuine autonomy for Tibet, the spiritual leader said there were "some indications". "But at the same time, among the establishment, there is a lot of hardliner thinking still there. So he himself sometimes finds it’s a difficult situation," he said. Representatives of the Nobel Peace laureate held rounds of talks with China until 2010, but formal dialogue has stalled amid leadership changes in Beijing and a crackdown in Tibet. Many Tibetans feel their intensely Buddhist culture is at risk of annihilation by Beijing’s political and economic domination and a regional influx of majority Han Chinese. China denies these are risks. Asked by France 24 if he might be the last Dalai Lama, as he has suggested in the past, the Buddhist leader said the Tibetan people must decide, not a Communist Party made up of non-believers. "Chinese officials are more concerned about the future Dalai Lama than me," he added. "I have no concern." The post Dalai Lama Says His Role Should Cease After his Death appeared first on The Irrawaddy Magazine.

US, Cuba Patch Torn Relations in Historic Accord  Posted: 17 Dec 2014 09:11 PM PST U.S. President Barack Obama (L) greets Cuban President Raul Castro (C) before giving his speech, as Brazil’s President Dilma Rousseff looks on, at the memorial service for late South African President Nelson Mandela in 2013. (Photo: Reuters)December 10, 2013. WASHINGTON — After a half-century of Cold War acrimony, the United States and Cuba moved on Wednesday to restore diplomatic relations—a historic shift that could revitalize the flow of money and people across the narrow waters that separate the two nations. President Barack Obama’s dramatic announcement in Washington—seconded by Cuban President Raul Castro in Havana—was accompanied by a quiet exchange of imprisoned spies and the celebratory release of American Alan Gross, a government contract worker who had been held in Cuba for five years. The shift in U.S.-Cuba policy was the culmination of 18 months of secret talks between the longtime foes that included a series of meetings in Canada and the personal involvement of Pope Francis at the Vatican. It also marked an extraordinary undertaking by Obama without Congress’ authorization as he charts the waning years of his presidency. "These 50 years have shown that isolation has not worked," Obama declared at the White House. "It’s time for a new approach." Obama spoke as Castro was addressing his nation in Havana, where church bells rang and school teachers paused lessons to mark the news. Castro said that while the U.S. and Cuba remain at odds on many matters, "we should learn the art of living together in a civilized manner in spite of our differences." Obama’s plans for remaking U.S. relations with Cuba are sweeping: He aims to expand economic ties, open an embassy in Havana, send high-ranking U.S. officials including Secretary of State John Kerry to visit and review Cuba’s designation as a state sponsor of terrorism. The U.S. also is easing restrictions on travel to Cuba, including for family visits, official government business and educational activities. But tourist travel remains banned. Obama and Castro spoke by telephone Tuesday for nearly an hour, the first presidential-level call between their nations’ leaders since the 1959 Cuban revolution and the approval of a U.S. economic embargo on the communist island that sits just 90 miles off coast of Florida. The two men are also expected to meet at a regional summit in Panama next spring. Obama did not rule out traveling to Cuba before his presidency ends, telling ABC News: "I don’t have any current plans to visit Cuba, but let’s see how things evolve." Despite Obama’s declaration, the Cuba embargo was passed by Congress, and only lawmakers can revoke it. That appears unlikely to happen soon given the largely negative response to Obama’s actions from Republicans who will take full control of Capitol Hill in January. "Relations with the Castro regime should not be revisited, let alone normalized, until the Cuban people enjoy freedom—and not one second sooner," said House Speaker John Boehner, R-Ohio. "There is no ‘new course’ here, only another in a long line of mindless concessions to a dictatorship that brutalizes its people and schemes with our enemies." The response from around the world was far more welcoming, particularly in Latin America, where the U.S. policy toward Cuba has been despised. Venezuelan President Nicolas Maduro called Obama’s action "a gesture that was courageous and historically necessary." The Vatican said Pope Francis "welcomed the historic decision taken by the governments of the United States of America and Cuba to establish diplomatic relations, with the aim of overcoming, in the interest of the citizens of both countries, the difficulties which have marked their recent history." Even Hillary Rodham Clinton, who advocated for Gross’ release as Obama’s former secretary of state, weighed in, arguing that U.S. policy in Cuba, while well-intentioned, had only strengthened Castro. "The best way to bring change to Cuba is to expose its people to the values, information and material comforts of the outside world," she said in a statement. In Cuba, a sense of euphoria spread through Havana as people gathered around televisions to watch the Obama and Castro announcements. "For the Cuban people, I think this is like a shot of oxygen, a wish come true, because with this, we have overcome our differences," said Carlos Gonzalez, a 32-year-old information technology specialist. Half a century ago, the U.S. recognized Fidel Castro’s new government soon after his rebels took power from dictator Fulgencio Batista. But before long things began to sour as Cuba deepened its relationship with the Soviet Union. In 1961 the U.S. broke diplomatic relations, and then came the failed U.S.-sponsored Bay of Pigs invasion meant to topple Castro. A year later a U.S. blockade forced removal of Soviet nuclear missiles from Cuba in a standoff that brought the world to the brink of nuclear war. Since then, the number of Americans who see Cuba as a serious threat has declined. A 1983 CNN/Time poll found 29 percent considered Cuba a very serious threat. That dipped to 13 percent in 1994 and 12 percent in 1997. Under the changes announced Wednesday, licensed American travelers to Cuba will be able to return to the U.S. with $400 in Cuban goods, including tobacco and alcohol products worth less than $100 combined. This means the long-standing ban on importing Cuban cigars is over, although there are still limits. Early in his presidency, Obama allowed unlimited family visits by Cuban-Americans. The financial impact on Cuba is unclear, though some American businesses welcomed the prospect of expanding into a new market. Tom Donohue, president of the U.S. Chamber of Commerce, said his organization stands "ready to assist as the Cuban people work to unleash the power of free enterprise to improve their lives." While Obama has long spoken of his desire to open ties with Cuba, the 2009 imprisonment of Gross, an American government subcontractor, became a major obstacle. Gross was detained while working to set up Internet access for the U.S. Agency for International Development, which does work promoting democracy in the communist country. Cuba considers USAID’s programs illegal attempts by the U.S. to undermine its government, and Gross was tried and sentenced to 15 years in prison. Last spring, Obama secretly authorized two of his senior advisers to hold exploratory conversations with Cuba about securing Gross’ release. Over a series of nine clandestine meetings in Canada and the Vatican, the talks expanded to include broader discussions of normalizing relations. Pope Francis raised the issue with Obama when the U.S. president visited the Vatican in March. And in early summer, the pontiff sent separate letters to Obama and Castro urging them to end their decades-long freeze. The details of the prisoner releases and policy changes were largely finalized during a meeting at the Vatican last fall. Wednesday morning, Gross boarded a U.S. government plane and flew out of Cuba, accompanied by his wife and three U.S. lawmakers. Waiting for him on board were big bowls of popcorn and a corned beef sandwich on rye. "This is game changing," Gross declared in brief, emotional remarks later in Washington. He flashed a broad grin with missing teeth—lost during his imprisonment—after taking an admiring glance at the American flags posted behind him and taking note that his release came on the first day of Hanukkah. The two nations also released spies that they were holding. The Castro government released a Cuban spy who had spent nearly 20 years in prison after working for the United States and accessing closely held intelligence information at the highest levels of the Cuban government. U.S. officials said the spy was responsible for some of the most important counterintelligence prosecutions that the United States has pursed in recent decades, including convicted Cuban spies Ana Belen Montes, Walter Kendall Myers and Gwendolyn Myers and a group known as the Cuban Five. In exchange for the spy’s release, the U.S. freed the three remaining members of the Cuban Five who were jailed in Florida. The men, who are hailed as heroes in Cuba, were part of the "Wasp Network" sent by Cuba’s then-President Fidel Castro to spy in South Florida. Two of the five were previously released after finishing their sentences. The post US, Cuba Patch Torn Relations in Historic Accord  appeared first on The Irrawaddy Magazine.

Thai Junta-Backed Council Recommends Direct Election of PM Posted: 17 Dec 2014 08:52 PM PST Anti-government protesters rally in central Bangkok on Mar 24, two months before the military coup. (Photo: Athit Perawongmetha / Reuters) BANGKOK — A council appointed by Thailand’s ruling military junta voted Wednesday to recommend stripping parliament of the power to appoint a prime minister and cabinet, triggering accusations that the move is aimed at curtailing democracy. The National Reform Council resolved after three days of debate to propose making top office holders subject to direct election by the public. The recommendation will be considered by Thailand’s Constitution Drafting Committee, a body set up by the military to draft a new charter after the previous document was torn up following a May 22 coup. Disunity over electoral laws and the new charter could raise tension at a time when the junta, led by Gen. Prayuth Chan-ocha, is trying to keep critics at bay and buttress a stagnant economy. Thailand’s main political parties argue the latest proposal would weaken parliamentary checks and balances and encourage patronage politics. Supporters of ousted Prime Minister Yingluck Shinawatra, whose government was toppled by the coup, also contend the reforms appear to be aimed at preventing the return of a government aligned with her brother, Thaksin Shinawatra, an exiled billionaire and former prime minister who was ousted in an earlier 2006 coup. "Direct elections for a prime minister are not appropriate for a democracy," Udomdej Rattansatien, a lawmaker from the Thaksin-aligned Puea Thai Party, told Reuters. "It would give the prime minister too much power and make it difficult to scrutinize their work. The prime minister should come from parliamentary lawmakers who are voted in by the public." The May 22 coup against Yingluck Shinawatra was billed as a bid to restore order after months of political infighting that killed nearly 30 people. Thailand currently has an interim charter that gives the military government sweeping powers, including the ability to arbitrarily detain people. Under Thailand’s current system the 500-member House of Representatives, the lower house of parliament, elects the prime minister. Of the 500 members in the lower house, 375 are picked from single-seat constituencies and another 125 are appointed through party-list representation. A Puea Thai Party initiative in 2013 to make Thailand’s partially appointed upper house fully elected was thrown out by the Constitutional Court. The failed reform bid sparked six months of street protests against Yingluck which culminated in the May coup. Last month, Deputy Prime Minister Prawit Wongsuwan, who is also defence minister, said elections would take place in 2016. The post Thai Junta-Backed Council Recommends Direct Election of PM appeared first on The Irrawaddy Magazine.

Thailand Fails to Clean Poisoned Creek Despite Court Order: Rights Group Posted: 17 Dec 2014 04:00 PM PST Klity Creek. Kanchanaburi, Thailand. December 8, 2014. (Photo: HRW) BANGKOK — Hundreds of families in western Thailand are suffering from lead poisoning near a polluted creek that the government has failed to clean up despite a court order two years ago, Human Rights Watch said on Tuesday. In 1998, Lead Concentrates (Thailand) closed a mine in Klity Creek in Kanchanaburi province, but the 400 or so ethnic Karen subsistence farmers living in a nearby village struggle with health problems and continue to fight for a cleanup, the watchdog group said in a report. In what activists hailed as a landmark ruling, the Supreme Administrative Court in January 2013 ordered the government to pay $125,000 in compensation and clean up the site. "This is a test case for whether rule of law really means anything in Thailand when the poor and powerless take on a state agency that has been negligent," Phil Robertson, HRW’s deputy director for Asia, told the Thomson Reuters Foundation. "If the [Pollution Control Department] can defy an order from the Supreme Administrative Court without facing severe consequences, it spreads the word that government agencies can do what they want." Residents of Lower Klity Creek village suffer the symptoms of chronic lead poisoning, such as abdominal pain and headaches, and children born with severe developmental disabilities, the HRW report said. According to the report, the Pollution Control Department had scheduled to begin the cleanup on May 1 this year, but an official said preparatory research is ongoing. "We are analyzing what are the best methods we can use to clean up the creek," Monthep Utsinthong, a researcher from the Ministry of Natural Resources and Environment’s Pollution Control Department, told the Thomson Reuters Foundation. "Once we have finished gathering information, we will then speak with villagers about whether they are okay with our cleanup methods. We should begin cleaning up sometime next year." Villagers say the Pollution Control Department has checked lead levels in the soil every month since before the verdict and now needs to act. "They should stop researching and start cleaning up," Somchai, a farmer who was among the 22 plaintiffs that won the court case, told HRW. Robertson said the Klity Creek case could set a precedent for court-ordered cleanups of industrial and mining toxic waste sites. "Never before has a group of villagers successfully sued the government to require they clean up an industrial site," he said. "Success here could lead to further lawsuits pressing for responsibility for industrial poisoning of communities in seriously affected areas like Map Tha Phut in Rayong, and the gold mines in Loei and Phichit provinces." The post Thailand Fails to Clean Poisoned Creek Despite Court Order: Rights Group appeared first on The Irrawaddy Magazine.

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