Thursday, November 6, 2014

Democratic Voice of Burma

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Democratic Voice of Burma

NGOs say ethnic areas have no ‘virgin lands’
Bullet Points: 6 November 2014
Five gunshot wounds found on Par Gyi’s body
Burma, Belarus agree military technical cooperation
Burmese army committed war crimes, says rights group
Suu Kyi calls for critical eye on reforms
No significant progress at Shan ceasefire talks

NGOs say ethnic areas have no ‘virgin lands’

Posted: 06 Nov 2014 04:21 AM PST

The Ethnic Community Development Forum (ECDF) released a statement on Thursday which slammed Burma's draft National Land Use Policy for failing to protect small-scale farmers and ethnic minorities—in part because the policy's approach to "virgin lands" overlooks traditional shifting agricultural practices of certain ethnic groups in Burma.

In its statement, the coalition of local ethnic NGOs said, "We do not accept the land classification of 'Vacant, Fallow, Virgin Land.’ There is no [such land] in ethnic territories."

The Burmese government seems to think otherwise, and is planning to convert what it considers "wasteland" into "productive" land by selling it to large-scale agriculture and industrial companies.

The Ministry of Agriculture and Irrigation has created a "30-year Master Plan" which it hopes will encourage foreign investors to transform 10 million acres of "wasteland" into textile factories and rubber, palm oil and cassava plantations.

The idea is to use Burma's cheap labour force and supposedly ample supply of "unused" land to mass produce exports for its three large neighbouring markets: China, India and ASEAN.

Danny Marks, a PhD Candidate at the University of Sydney who has researched smallholder agriculture in Southeast Asia, told DVB that the National Land Use Policy is just another way of legitimising the government's master agricultural plan—a process that could destroy the livelihoods of millions of small-scale farmers.

“It’s a shame that the draft Land Use Policy gives higher priority to the interests of foreign investors than smallholder farmers even though smallholders are the backbone of Myanmar's [Burma's] economy. This policy could ignite already-existing social discontent among smallholder farmers," he said.

Marks also said the draft policy is driven by short-term economic interest, and that "in the long run, it will worsen food security and degrade the country's environment.”

According to a paper written by Kevin Woods, an expert on Southeast Asian resource politics at the Transnational Institute (TNI), the draft land use policy will serve as a blueprint for the third major land law passed by Burma's quasi-civilian government. Woods indicates that these laws—coupled with Burma's generous foreign investment rules—are designed to dispossess local farmers from their land in favour of foreign investors. He also indicates that Burma’s land law regime will only perpetuate a process that has been going on for years.

Wood's paper, entitled "The politics of the emerging agro-industrial complex in Asia's 'final frontier'," says that as of March 2012, the government had allocated 3.5 million hectares of land to local agribusiness companies—the vast majority of which were affiliated with the Burmese military. During this "allocation" process, Woods notes that smallholder farmers were forcibly evicted, received scant compensation and were even arrested for protesting.

Recently, many farmers have attempted to fight back by engaging in "plough protests," whereby they grow crops on land which the military previously confiscated from them. DVB has covered several of these protests, and often times the protestors have wound up in prison.

In August, for example, local farmers from Mandalay Division's Sintgai Township were sentenced to eight months' imprisonment for trespassing and destroying property during a plough protest.

According to the ECDF statement, another sticking point is that large-scale development projects continue to be launched in many ethnic areas where ongoing armed conflict has already ravaged communities. These projects also have a tendency to exacerbate old conflicts and spark new clashes.

Perhaps the most destructive example of the latter situation is the role played by the Myitsone Dam in sparking widespread conflict in Kachin State. In the past few years, NGOs have issued multiple statements and reports condemning large-scale development projects for destroying local ecosystems; forcing people off their land; and damaging ethnic communities in various ways.

The Karen Human Rights Group (KHRG) issued a report in May which documented a rising number of landgrabbing cases in southeastern Burma following the 2011 ceasefire between the Karen National Union and the Burmese army—a phenomenon which the NGO attributed, in part, to large-scale development projects in the region.

In its report, KHRG cited the Hatgyi Dam as just one of several examples in which development projects have incited conflict and displaced locals from their land. In an article published by the Karen News Group (KNG), the KHRG report was cited as saying the following:

"Armed conflict broke out between [government-allied border guard forces and Democratic Karen Benevolent Army (DKBA) soldiers] over the Hatgyi Dam in 2012, which caused villagers to flee and be displaced from their homes for a short period of time. Because of land confiscation, tens of thousands of villagers have been displaced and communities face increasing water contamination and damage to land because of development projects."

KNG also reported in September that a coalition of local NGOs in Shan State called for a moratorium on large resource-extraction projects after locals complained that one project had "contaminated the water supplies of nine villages in the area and destroyed 100 acres of farmland because of pollution."

The draft National Land Use Policy appears to address some of these problems by proposing a "temporary suspension of investments which require land acquisitions" until the policy is approved, but ECDF says the draft's focus on "investments which require land acquisitions" is actually a red-herring that ignores the larger problem.

Instead of suspending just one subset of projects, ECDF insists there is an "immediate need … to postpone all … investments in ethnic areas during the current national reconciliation and peace-building process" in order to avoid further land conflict.

In its statement, ECDF said it rejects the draft policy on grounds that it was drawn up without sufficient public input. The government gave the public three weeks to submit comments on the draft, but ECDF believes this time period was not long enough given the length and complexity of the document—not to mention the lack of a political atmosphere conducive to open dialogue. As a result, the NGO coalition said that many important stakeholders did not have a meaningful opportunity to participate in the process.

In particular, ECDF said the land use policy was drawn up without consulting small-scale farmers, ethnic groups, women and others who are liable to suffer if the draft policy is approved.

Speaking to DVB by telephone, Danny Marks said, "The three-week time period was just too short. The government should have had meaningful public consultations and allowed smallholder farmers to suggest amendments because they're the ones who will be most affected by this policy.”

Bullet Points: 6 November 2014

Posted: 06 Nov 2014 03:30 AM PST

On tonight's edition:

Suu Kyi calls for critical eye over Burma reforms
Par Gyi’s body exhibits five gunshot wounds
WFP IDP rations to continue as far as January
Ethnic land rights groups hit out of government plans
Min Aung Hlaing inspects weapons in Belarus

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

Five gunshot wounds found on Par Gyi’s body

Posted: 06 Nov 2014 03:15 AM PST

Five bullet wounds were uncovered on the exhumed body of Par Gyi, according to a doctor involved in his autopsy, speaking to Naw Ohn Hla, the head of the Democracy and Peace Women Network and a colleague of Ma Thandar, Par Gyi's widow.

"The doctor said one bullet passed through the chin to the head; two were shot through his back and exited through the chest; one was in his thigh; and one in his ankle," she told DVB on Thursday. "He told us that the gunshot through the back had broken Par Gyi's ribs."

No official forensic report has yet been issued.

Journalist Par Gyi's body was exhumed from a shallow grave in a field in Kyaikmayaw Township in Mon State on Wednesday. It was taken to Moulmein Hospital for examination.

According to eye-witness Nay Myo Zin, the corpse showed signs of a broken jaw, a caved-in skull, and swelling on the torso indicating broken ribs.

"It is completely clear that Ko Par Gyi was tortured," he said.

Ma Thandar confirmed that the decomposed body was that of her husband.

Burmese military officials maintain that Par Gyi was shot dead as he attempted to wrest control of a gun from a guard and then tried to run away.

More than 100 people witnessed the exhumation, including activists and members of civil society groups. Many slammed the conditions under which the slain Burmese journalist was buried.

Mee Mee of the 88 Generation Peace and Open Society said, "The body was not buried deep. It was about six inches below the surface. It is not true what the government said about the body being buried properly."

Activist Naw Ohn Hla said, "I feel sorry that the government statement was not true. There was not even a mat placed under the body. It was the worst abuse of human rights I have ever seen. This citizen was treated brutally. I feel very bad about it.”

Meanwhile, eight Buddhist monks have tried to intervene to prevent Par Gyi's remains from being transported back to Rangoon for burial.

According to Ma Thandar: "They said they wouldn't allow me to take the body. Mon culture doesn’t allow the transfer of a dead body from one area to another."

Naw Ohn Hla suggested the monks had ulterior motives.

"We asked them [the monks] where they were from, but they wouldn't tell us," she said. "They refused to say which monasteries they were from. We could also smell alcohol on their breaths."

Nai Layitama, a member of Mon National Party's central committee, said the eight monks were not Mon.

"These monks said that their instructions [not to transport the body] were based on Mon culture," he told DVB. "But they are not even Mon monks. They didn't even know how to speak the Mon language.”

Par Gyi's widow, Ma Thandar, said she just wants to take her husband's body to his hometown for a proper burial.

"I am a widow trying to get justice," she told reporters. "I think all people—anyone with a family—would sympathize with me. I just want to be allowed to bury my husband’s body. I want to request permission from the authorities to do this."

Burma, Belarus agree military technical cooperation

Posted: 06 Nov 2014 01:44 AM PST

Burma's Ministry of Defense has announced that it has agreed with Belarus to form a committee to oversee technical cooperation on military matters.

Commander-in-Chief Snr-Gen Min Aung Hlaing, who heads the Burmese delegation to the former Soviet state, was cited saying that he had held talks with his Belarusian counterpart, Deputy Defense Minister Lt-Gen Yuri Zhadobin, on 4 November.

The two senior generals reportedly discussed an increase in cooperation and "friendship" between both countries' armed forces. The respective ambassadors should also take steps to increase bilateral ties, the statement said, adding that, as military technical cooperation increases, both nations should increase cooperation in combatting terrorism, as well as improving food security.

The issues of drugs and education were also tabled, the announcement said.

Burmese army committed war crimes, says rights group

Posted: 06 Nov 2014 01:37 AM PST

The Burmese army has targeted, attacked and killed civilians with impunity in ongoing fighting in Kachin State and northern Shan State, Fortify Rights said in a briefing published on Thursday.

The rights group urged the Burmese government to act to end such attacks and hold perpetrators accountable.

"The Burmese government wants the world to believe its human rights record is beyond reproach, but that's just not the reality," said Matthew Smith, executive director of Fortify Rights. "The romantic narrative of sweeping political change is inconsistent with the situation of ongoing war crimes and widespread impunity."

On Wednesday, The New York Times published the names of three top-tier Burmese military officers against whom sufficient evidence has been gathered in a report by Harvard researchers for war crimes against ethnic communities in Burma.

The Harvard report, which is due to be released on Friday, 7 November, has named Maj-Gen Ko Ko, who is currently Burma 's home affairs minister, Lt-Gen Khin Zaw Oo, now commander of the Army Bureau of Special Operations, and Brig-Gen Maung Maung Aye, whose current position is unknown.

The findings of the report were presented to the Burmese Deputy Defence Minister Maj-Gen Kyaw Nyunt by one of the authors, Mathew Bugher.

Bugher communicated the response of the Burmese defence minister to the The New York Times and said that, " He [Maj.Gen Kyaw Nyunt] essentially said, 'you got it wrong and your sources are all one-sided."

In a continuing investigation into the conduct of the war between the Burmese army and the Kachin Independence Army (KIA), Fortify Rights documented incidents in 2011, 2012, and 2013 in which Burmese government troops attacked civilians and non-military targets in contested territories. Between September 2013 and August 2014, Fortify Rights conducted nearly 100 interviews in the conflict zones of northern Burma.

Most of the attacks documented by Fortify Rights reportedly occurred in civilian-populated areas with no presence of KIA or other non-state armed groups. These attacks led to widespread displacement of civilians and appear to be designed to undermine the KIA's civilian-support structures and to gain effective control of strategic locations, including trade routes and areas rich in natural resources, the report said.

The Burmese army shelled and razed civilian homes, attacked makeshift camps of displaced persons, and entered villages while opening fire on civilians with small arms, Fortify Rights said. In some cases, soldiers committed extrajudicial killings.

"They shot at the villagers," said Khon Li Aung (not her real name), an ethnic Kachin woman, referring to Burmese soldiers who entered and attacked her village, Mung Ding Pa, on 22 October 2013. "Some [civilians] were running to the church and some were coming from the fields to get to the church."

Humanitarian law requires parties to armed conflict to distinguish between military and non-military targets, including civilians, and to refrain from attacking civilians. Moreover, attacking civilians is a war crime under international criminal law.

"The government's denial of wartime abuses and the international community's soft-stepping has gone on for too long," pointed out Smith.

Kachin State is home to multi-billion dollar jade deposits, minerals, timber, lucrative trade routes to China, and significant hydropower potential, all forming the backdrop to the conflict. These factors are compounded by ethnic and political disputes dating back decades. The conflict in Kachin State resumed in June 2011 in the area of a Chinese-investor-led hydropower dam near Sang Gang village, Kachin State, ending a 17-year-long ceasefire agreement.

Since 2011, the government and 14 non-state ethnic armies have signed preliminary ceasefire agreements. The KIA is not among those calling a truce with the government.

"If the government genuinely wants peace in ethnic states, it must end and rectify attacks on civilians and other abuses," said Matthew Smith. "The survivors of these attacks have been denied their right to access justice and compensation for their losses—that needs to change."

Suu Kyi calls for critical eye on reforms

Posted: 05 Nov 2014 11:45 PM PST

Burma’s opposition leader Aung San Suu Kyi said on Wednesday that the country’s reform process has stalled.

Suu Kyi warned the international community not to be too optimistic, and called on the United States to make a more objective assessment of the reality in Burma.

The call comes one week out from US President Obama’s second trip to the country.

No significant progress at Shan ceasefire talks

Posted: 05 Nov 2014 09:19 PM PST

A Burmese government delegation travelled to the northern Thai city of Chiang Mai earlier this week to hold ceasefire talks with the Shan State Army- South (RCSS/SSA).

The negotiations followed a meeting in Naypyidaw on 31 October between the government team and the Shan State Army- North (SSPP/SSA).

Hla Maung Shwe from Myanmar Peace Center (MPC) headed the government delegation in Chiang Mai on 2 November.

RCSS spokesman Col. Sai La said, "The government delegation explained the current situation in Burma, especially the recent quadripartite talks involving President Thein Sein, the Commander-in-Chief, parliamentary representatives and political party leaders, as well as issues surrounding the signing of a nationwide ceasefire, and subsequent political dialogue.”

The Shan State Army- South intends to sign a ceasefire agreement, Sai la said, but is still in discussions on whether it will sign together with other groups or insist on a separate accord."

Nyo Ohn Myint from MPC said no significant progress was made at the talks this week.

"The RCSS side said it will sign a ceasefire and then participate in political dialogue," he told DVB on Wednesday. "Then, they will be able to concentrate on regional development issues. That's what they told us. We responded that we would pass the message along to Minister U Aung Min.”

RCSS delegates included Col. Sai La, Lt-Col. Khur Ngeen and Pyidaungsu Institute director Khuen Hseng, while MPC's Hla Maung Shwe, Nyo Ohn Myint and Tin Maung Than sat on behalf of the government.

On 31 October, the Shan State Army- North, or RCSS/ SSA, met with the government's Union Peace-making Work Committee Vice-chairman Thein Zaw in Naypyidaw.

RCSS representative Capt. Sai Phone Han said that talks focused on forming a committee to monitor regional stability and development cooperation. He said the Burmese army has proposed a committee with five representatives from both sides, while the RCSS/ SSA wish to see Shan political parties and civil society groups in attendance.

He said Thein Zaw's delegation have passed the matter to senior officials.

The Irrawaddy Magazine

Autopsy Results Reveal Five Bullet Wounds on Slain Journalist’s Body
Ethnic Civil Society Groups Voice Concern Over Draft Land Use Policy
From Top Brass to a Bureaucratic Class
March During Asean Summit to Call for Int’l Support for Charter Reform
Asia Inc. Leads West in Business in Burma
What Do People Expect From President Obama’s Burma Visit?
FDI, Aid ‘Will Dry Up’ If Burma’s 2015 Elections Are Postponed

Autopsy Results Reveal Five Bullet Wounds on Slain Journalist’s Body

Posted: 06 Nov 2014 06:55 AM PST

Ma Thandar talking to the media on Thursday, Nov 6. (Photo: JPaing / The Irrawaddy)

The wife of slain journalist Aung Kyaw Naing said that autopsy results on Thursday had found five bullet wounds on her husband's body.

One of the bullet wounds was located on his jaw, two to his chest and two to his leg, she told reporters at Moulmein hospital after she was briefed by the doctor.

The body of Aung Kyaw Naing was exhumed on Wednesday afternoon from a grave in Shwe War Chaung village in Mon State's Kyaikmayaw Township.

Ma Thandar told The Irrawaddy that doctors had allowed her to closely inspect the corpse.

"The bones in his head were crushed, but his skin looked normal and had no signs of being burned," she said. "His jawbones were broken and his teeth were not in good shape."

Before the autopsy results, Ma Thandar, who is a prominent women's activist, expressed doubt that the injuries on her husband's body were bullet wounds.

"I looked at the corpse carefully today and though I am not a forensic expert, what I am sure about is that there is no wounds related to gunfire [on his body]."

She added that a hole in his chest was like a long scratch, not circular. "When I looked at his back to make sure it was his body, I did not see any [bullet] holes."

Ma Thandar said the family was given permission to carry the corpse for a proper burial in Rangoon after the examination in Moulmein hospital. However, there was some resistance from local monks who did not want the corpse to be taken outside the region.

"While we were outside waiting for X-rays of the body, a total of eight monks came and objected to me carrying the corpse," Ma Thandar said. "The head of the hospital and [township] officials first told me not to take the body as it had been over a month and might smell. But I had already brought the coffin… I said that I would put him in and wouldn't open it. Then they allowed me to carry it."

The Burma Army claimed that Aung Kyaw Naing, also known as Par Gyi, was shot dead after attempting to flee custody. The military issued the statement three weeks after his death, after Ma Thandar had raised the case with local authorities and military officials.

President Thein Sein last week tasked the country's National Human Rights Commission (NHRC) with investigating the case.

The commission's secretary Sitt Myaing told The Irrawaddy that the investigation was ongoing, and the commission still needed to interview army officials.

Three NHRC members and their support staff interviewed witnesses in Kyaikmayaw this week and began making inquiries with troops in Moulmein on Thursday.

Sitt Myaing was present at the exhumation on Wednesday but declined to comment on the state of the body. "We have to wait for the autopsy report from the hospital," he said.

Sitt Myaing added that the commission would assess whether the freelance journalist had links with the Democratic Karen Benevolent Army (DKBA), as the Burma Army claimed. The DKBA has rejected the military's allegations.

The commission's report would be publicized as soon as possible, Sitt Myaing said. "We won't delay the case [and will issue findings] as soon as the inquiries are done."

The post Autopsy Results Reveal Five Bullet Wounds on Slain Journalist's Body appeared first on The Irrawaddy Magazine.

Ethnic Civil Society Groups Voice Concern Over Draft Land Use Policy

Posted: 06 Nov 2014 02:10 AM PST

A female farm worker carries rice shoots in the Irrawaddy Delta. (Photo: JPaing / The Irrawaddy)

CHIANG MAI, Thailand — More than 30 ethnic civil society groups and farmers rights organizations voiced concern over the government's new draft national land use policy in a statement released on Thursday.

The coalition of ethnic organizations criticized the government for excluding small-scale farmers and ethnic civil society representatives from the drafting process.

Sai Khur Hseng, a spokesperson for the 31 different groups, told The Irrawaddy that the land use policy would not guarantee the rights of ethnic communities, especially small-scale farmers.

"It lacks input from representatives of ethnic minority communities at grassroots level," said Sai Khur Hseng. "It is one-sided and undemocratic as it doesn't include the voices of communities who will be affected [by the policy] in the future."

Independent foreign experts and land rights activists representing local communities on the ground were also not invited to participate in formulating the policy, he added.

The government will hold 17 public consultation workshops on the land use policy, mostly in urban areas and big cities, before the draft is finalized in late December. Given the brief consultation period, rights groups are concerned that ethnic communities will miss out on the opportunity to review the policy.

"We worry very much that they [the government] will try to speedily legitimize this policy and seize lands belonging to farmers for business purposes. Communities that will be most affected by the policy can't complain about anything after the government enforces this policy and uses it as a tool," said Sai Khur Hseng.

The civil society groups' statement identified the pro-business nature of the draft policy as a possible trigger for more land issues.

"The current draft of the national land use policy does not prioritize and protect small-scale farmers and minority ethnic peoples, but instead prioritizes and gives special privileges to business investors, which could spark more land grabs and create more land problems in the country," the statement said.

Sai Khur Hseng warned that the draft policy may allow the government to take control of resource-rich lands. "They are authorized to take over lands in the interests of the nation," he said.

Burma's government released the draft national land use policy on Oct. 18. The draft legislation represents an important step in efforts to regulate land tenure in the country, amid a surge in land investment.

In the joint statement, the civil society organizations also expressed concern over the rights of war-affected refugees and internally displaced persons (IDPs) in Burma, as there are no provisions in the draft document to address issues of land distribution, restitution or the right of displaced people to return to their land.

The groups called on the government to re-write the policy with the input and participation of representatives from among small-scale farmers, ethnic groups, women, youth, parliamentarians, independent experts and other communities that will be affected by the policy.

Among the rights groups included in the joint statement were the Karen Environmental and Social Action Network, the Shan Human Rights Foundation, the Shan Farmers Network, the Mon Agriculture Group, the Karenni Social Welfare and Development Center, the Kachin Development Networking Group, the All Arakan Students' and Youths' Congress, and the Chin Farmers' Network.

The statement was released after the groups held a workshop in the Thai border town of Mae Sot on Nov. 1-2.

The post Ethnic Civil Society Groups Voice Concern Over Draft Land Use Policy appeared first on The Irrawaddy Magazine.

From Top Brass to a Bureaucratic Class

Posted: 06 Nov 2014 12:15 AM PST

A "parachute policy"—so called for the way in which military officers are dropped in to preside over ministries and other administrative departments—has destroyed government competence in Myanmar.

YANGON — Gen. Ne Win died 12 years ago, but the dictator's disastrous legacy lingers on in Myanmar. One of the worst aspects of his decades-long rule: a "parachute policy"—so called in Myanmar for the way in which high-ranking military officers are dropped in from above to preside over ministries and other administrative departments—that has destroyed the administration of government in the country.

If this particular policy had not been so assiduously implemented over the years, Myanmar might not have been dragged into the political, economic and social abyss that has left the country one of Asia's poorest.

The appointment of active and retired military officials to various positions of power, from low-ranking ministerial bureaucrats all the way up to the presidency, is a rare practice in governance globally—with good reason.

When Gen. Ne Win staged a coup in 1962, he came to power determined to reorganize the whole administrative structure, which had been a largely civilian-dominated system since the country's independence in 1948.

When Myanmar's inaugural government took the reins of the former British colony in January 1948, the country's first premier U Nu formed an overwhelmingly civilian cabinet. Out of 19 cabinet ministers, only three were active or former military officers. Nearly 85 percent of the cabinet was occupied by civilian ministers.

In 1952, after the country's first parliamentary election, U Nu's party won again and his newly formed government was comprised of 22 cabinet ministers. This time, among them were only two former military officials.

From 1948 to 1962, a similar ratio of civilian and military officers in governments was maintained—the exception being a two-year spell from 1958 to 1960, when U Nu handed over power to Gen. Ne Win's interim government.

As a result of this civilian rule, the cabinets were diverse, and skillful professionals and administrators predominated. The governments of this era also appointed many ethnic ministers in respective ethnic regions of the country.

But Ne Win's 1962 coup brought about a U-turn. As chairman of the Revolutionary Council regime, he formed an eight-member cabinet comprised of seven high-ranking military officials and one civilian, U Thi Han, who was responsible for the ministries of foreign and labor affairs.

Kyaw Zwa Moe is editor (English Edition) of
the Irrawaddy magazine. He can be reached at kyawzwa@irrawaddy.org.

From then on, Ne Win's cabinets would be dominated by military men. At times, his government lacked a single civilian minister. Even after a constitution was approved in 1974, active and retired military officials occupied every key position of government.

This is not to say that governments over this period were rotten to their cores. Professional and competent administrators existed, but always working under active or retired military personnel who had little or no knowledge of their respective areas of responsibility. You can imagine the morale problem this would breed. You can imagine why good brains would leave the country for better opportunities abroad.

The 2013 book "Strong Soldiers, Failed Revolution" found that from the mid-1970s to the end of the 1980s, 94 percent of cabinet ministers in Myanmar were active or retired military officers. The Japanese author Yoshihiro Nakanishi compared the country with Thailand, where military appointees constituted roughly 25 percent of the Cabinets during those years.

Nakanishi estimated that between 1972 and 1978, the military transferred about 2,000 of its officers to various ministries as well as to the powerful local People's Councils of the Burma Socialist Programme Party, which was founded by Ne Win.

"The decreased influence of the civil service in Burma [Myanmar] was inextricably linked with the increased influence of the military officers," Mr. Nakanishi writes.

Ne Win systematically destroyed Myanmar's civilian administrative apparatus and in its place entrenched a military alternative that held back the country's progress for nearly half a century. All successive regimes, up until 2011, followed his model.

Perhaps even more troubling, the incumbent U Thein Sein's quasi-civilian government has effectively still been applying this policy. In today's "reformist" administration, active and retired military officials continue to hold key ministerial posts and other high-ranking positions of power.

When U Thein Sein formed his quasi-civilian government in March 2011, he appointed 29 active or retired military officials as ministers in his 36-member cabinet. It was not surprising, but the decision was proof positive that U Thein Sein has continued to apply U Ne Win's "parachute" policy.

Although the general-turned-president has reshuffled his cabinet several times over the past few years, at least 29 former generals and high-ranking military officials still occupy key ministry posts.

This interference in politics by the military for decades has brought about the systematic gutting of the country's administrative apparatus.

U Thein Sein seems to have no intention of overhauling this failed policy for the preferable alternative—appointing the right people to the right places, without favoring those from his military clique. He has had ample time over the past three years to do this.

Parachute appointments in governments of Myanmar are likely to continue, not only for cabinet ministers but also even for the country's top job. No one doubts that U Thein Sein became president in 2011 with the blessing of his boss, ex-supremo Snr-Gen Than Shwe.

Though Myanmar has opened up to some extent since 2011, the government largely remains a cabal of military leaders dressed in civilian costumes.

As long as this parachute policy remains in effect, Myanmar is unlikely to be steered by its leadership toward the good governance and democratic rule that many have fought for decades to attain.

This story first appeared in the November 2014 issue of The Irrawaddy magazine.

The post From Top Brass to a Bureaucratic Class appeared first on The Irrawaddy Magazine.

March During Asean Summit to Call for Int’l Support for Charter Reform

Posted: 05 Nov 2014 06:43 PM PST

About 70 protestors gathered in Rangoon in January 2014 to demand constitutional changes. (Photo: Sai Zaw / The Irrawaddy)

RANGOON — Several activist groups in Rangoon are planning to march to the US Embassy during the Asean Summit next week in order to call on the international community to support for significant constitutional reforms in Burma, an activist said.

Myat Kyaw, a spokesman of the activist group Mass Movement Acceleration Network, told The Irrawaddy that seven civil society groups, including the Movement for Democracy Current Forces and Kyi Myin Dine Township Youth Network, are planning to join the event on Nov. 12.

He said the activists were planning to march from the Hledan Township overpass to the US embassy on University Avenue and then on to Thanlwin Road.

The White House has announced that President Obama will attend the Association of Southeast Asian Nations (Asean) and East Asia summits in Naypyidaw on Nov. 12-14. He will hold a bilateral meeting President Thein Sein and meet with Suu Kyi in Rangoon on Nov. 14. Many other world leaders are also expected to attend the regional meetings.

Myat Kyaw said the activists would ask the United States and the international community to pressure President Thein Sein's government to accept amendments to articles in the Constitution that bar opposition leader Aung San Suu Kyi from the presidency and give political powers to the Burma Army, such as direct control over a quarter of Parliament seats.

The charter is also criticized by ethnic minority groups who demand more autonomy from the central government.

"By knowing Myanmar's real situation, we want the world leaders, including President Obama, to review the situation in Myanmar and make the right decision and support constitutional reform," he said.

The ruling Union Solidarity and Development Party (USDP) and the military have so far dragged their feet on making significant constitutional reforms, despite a public campaign by Suu Kyi and the 88 Generation Peace and Open Society activists.

Myat Kyaw said he sent a letter to Kamayut Township Police Station seeking permission for the march, adding that the activists planned to go ahead with the event regardless of the decision of the police.

"We would like to urge the government to seriously consider and value a petition signed by 5 million people calling for a change," Myat Kyaw said, referring an opposition campaign petition that collected millions signatures in support of the changes.

Moe Thway, a youth activist with Generation Wave, said his organization in principle support the march and would consider joining it. "We support it because we need to let the international community exactly how the reforms in our country are going," he said.

"The reforms can benefit from international pressure… and the government needs to fulfil the public's demand for constitutional amendments if they genuinely want [Myanmar] to become a democratic country."

The post March During Asean Summit to Call for Int'l Support for Charter Reform appeared first on The Irrawaddy Magazine.

Asia Inc. Leads West in Business in Burma

Posted: 05 Nov 2014 06:33 PM PST

Japan's Prime Minister Shinzo Abe, front second left, visits Thilawa port outside Rangoon on May 25, 2013. (Photo: Reuters)

RANGOON — Asian businesses are gaining a foothold in Burma far quicker than those from Europe and North America, with China, Thailand, Hong Kong and Singapore accounting for nearly half of the firms setting up in the fast-changing country.

According to the government's Directorate of Investment and Company Administration (DICA), 134 Singaporean, 80 Thai, 73 Chinese and 85 Hong Kong companies signed up to do business in Burma by Sept. 30. That compared with 18 from Canada, 15 from the United States, 15 from Australia, 10 from the Netherlands, three from France and two from Germany.

British companies have shown by far the most interest among the Europeans, with 75 businesses set up in Burma.

Burma is in the midst of a shake-up in its fledgling economy, with moves to attract investment steered by a reformist, semi-civilian government that took office in 2011 after the end of 49 years of military rule.

Despite being rich in natural resources, including timber, oil, gas and precious stones, investment during military rule was limited by Western sanctions and concern about doing business in an unstable economy run by exploitative, venal generals.

Asian conglomerates like Thailand's Charoen Pokphand Group (CP) and state energy group PTT Pcl, Singapore's Yoma Strategic Holdings and Japan's Mitsubishi Corp and Marubeni Corp were among the first movers in Burma in setting up local units.

Fifty-one Japanese businesses have been registered, 100 South Korean and 50 from Malaysia, according to DICA, which said there were now 783 foreign-invested enterprises in Burma.

Investment from Western multinationals has started to flow in after a slew of new laws were passed and plans drafted to boost decrepit infrastructure. Coca-Cola, Yum! Brands and Pepsi are keen to tap a market of more than 50 million consumers and Norway's Telenor and Qatar's Ooredoo started cellphone services this year.

Burma in September revised its forecast for foreign direct investment to more than US$5 billion for the fiscal year that began in April—15 times more than during the final year of military rule in 2009-10.

Though the United States and European Union have suspended most sanctions, many firms remain cautious about making commitments, with concern over corruption, legal uncertainty and reputational damage from forming partnerships with individuals on Western blacklists.

"It's all about the US sanctions," said Gregory Miller, a partner with Myanmar Capital Partners, a Burma-focused investment firm. "The Asian firms are more attuned to the way Myanmar does business than Western companies."

The post Asia Inc. Leads West in Business in Burma appeared first on The Irrawaddy Magazine.

What Do People Expect From President Obama’s Burma Visit?

Posted: 05 Nov 2014 05:00 PM PST

A portrait mural of US President Barack Obama on a wall in Rangoon's Shwegoandaing Township in November 2012. (Photo: JPaing / The Irrawaddy)

RANGOON — US President Barack Obama will travel to Naypyidaw for the 25th Asean Summit on Nov. 12-14. Two years ago, Obama used his time in Burma to express concerns over the country's political transition, and urged President Thein Sein to release political prisoners and expedite the peace process. Speaking to The Irrawaddy, politicians, civil society leaders and activists discuss their hopes and expectations for the US president's second trip to Burma.
Aung Myo Min, director, Equality Myanmar

President Obama must learn the lessons from his first trip, and I hope he will not just talk, but act. There are instances in our country where things are worse than the last time he visited—like the death of Ko Par Gyi, a freelance journalist, which demonstrates the lack of rule of law. The ongoing conflicts in ethnic areas and the arrests of activists involved in acts of peaceful assembly are shameful cases for the country and go against the reality described by the Burmese government. I want to know where the United States stands on these matters.

President Obama should discuss openly how the US government will react to basic human right abuses, and he also needs to act according to what he says. In its relationship to Burma, the US government is always putting friendship with the Burmese government first, and action against human rights abuses afterward.

We would like to urge President Obama and the US government to put more pressure on the Burmese government to stop human rights abuses and to take serious action.

Jimmy, 88 Generation student leader

President Obama and the US government should put more pressure on the Burmese government in the field of both diplomatic ties and the transition of the country. Although the government is not listening to us, we need to keep pushing them for change.

Khon Ja, coordinator, Kachin Peace Network

We have nothing to expect from President Obama, because there's only been a few changes in our country since his last visit. For example, he urged the release of all political prisoners, but many still remain behind bars. The government is still arresting activists and charging them with the Peaceful Assembly Law. And the conflicts in the ethnic areas are still happening. People are still struggling to leave their homes for fear of their safety in Kachin State.

D Nyein Lin, president of the organizing committee for the Federation of Student Unions

We would like to urge President Obama to speak out more about the country's education sector. The reopening of Rangoon and Mandalay universities are some of the most significant changes since his first visit to the country. But these changes are so far just cosmetic and can't yet be said to benefit the futures of our students.

President Obama should place serious pressure on the government over the changes to the education sector, as well as agitating for the peace process and amendments to the Constitution.

We want him to speak out on behalf of the students who have no proper assurance for the future of their education. Only the few students who live in Rangoon and Mandalay have access to higher education. For those who live in the other states and divisions, they have no such opportunity. Since students are the future leaders of the country, we want President Obama to put more pressure on the Burmese government to stop the oppression of students as well.

Hla Swe, Upper House MP, Union Solidarity and Development Party (USDP)

Obama's visit will help the democratization of the country, and I hope he will give a positive opinion on the participation of all political parties and all of the ethnic arms groups in the transition period. I hope he will discuss the peace process in the country as well. I am also confident that the next president of the United States will respect President Obama's words, and they will carry on with his work.

Some American investors believe that they could only invest in the country when the NLD [National League for Democracy] is in power. However, I'm sure that the USDP will win the 2015 election. So, I would like to invite the American investors to invest here right now, before it's too late.

I think the US government will put more of us from the USDP on the sanctions list before the 2015 election [following the sanctions leveled against USDP lawmaker Aung Thaung], as they don't have much favor for our party.

Thein Nyunt, Lower House MP, New National Democracy Party

I think the transition of our country will continue as it has. The visit of President Obama for the second time will be just the monitoring of the process. On the other hand, I hope there will be technical and financial support for the development of the country in various sectors.

Since the United States has repeated that they are supporting the democratization and the development of the country, the same thing will be said by President Obama.

Although President Obama's words are not affecting much change in our country, we still hope that President Obama will speak up for the sake of ethnic people, especially those who live in conflict-ridden areas.

We also want to tell President Obama to put more emphasis on amendments to the Constitution, which will be vital for the country's future peace and stability.

Hla Maung Shwe, senior advisor, Myanmar Peace Center

In the peace process and to build the democratic system in a country, the most responsible person is the citizen. There will be no peace, change or development if there's no willingness from each of us.

Sandar Min, Lower House MP, National League for Democracy (NLD)

The previous pressure from the US government and President Obama was in vain. The examples from the past show that our country will not change without the willingness of the government to change. Recently, the state government blacklisted Aung Thaung, but I don't think it will precipitate change in the country, and I do not hold out hope that President Obama's visit will bring about any wider change in the country.

Yan Myo Thein, independent political commentator

President Obama should seriously express concerns over the current composition of the Constitution and the peace process of the country, which are the major issues for the country's transition. He also should seek to abolish the Unlawful Association Act [a military-era law used to prosecute anyone linked with insurgents or ethnic armies], a barrier to national reconciliation and the peace process.

President Obama would have met many members of the Burmese government to discuss many issues. He also needs to give his time and listen to voices from nongovernmental civil society organizations and individuals who are working for the freedom, peace and development of the country.

Sai Sao Than Myint, second vice president, Federal Union Party

I would like to urge President Obama to put more pressure on the Burmese government for peace. If there's no peace and stability in the country, there will be no development in other sectors. I believe that peace is the most important priority

I would also like to urge President Obama not to see only a positive view on the transition of the country but also to look for the oppression faced by activists. There are many land rights activists still being arrested and charged. There's no policy yet to protect the farmers from having their land confiscated, or from being arrested for demanding back their land. If President Obama really wants to see Burma as a genuine democratic country, he should spend more time listening to the voices of the people of Burma.

The post What Do People Expect From President Obama's Burma Visit? appeared first on The Irrawaddy Magazine.

FDI, Aid ‘Will Dry Up’ If Burma’s 2015 Elections Are Postponed

Posted: 05 Nov 2014 04:00 PM PST

Aung San Suu Kyi walks passed military MPs as she is about to take the admission oath in Burma's Parliament in 2012. (Photo: Reuters)

Burma's economic and social development will grind to a halt if rising military interference in politics delays the 2015 national parliamentary elections, a business analysis warns.

Foreign aid and investment would likely dry up and there would be pressure on some key Western governments to re-impose economic sanctions, said US-based business analysts IHS.

The international assessor said in a Global Insight Country Risk report on Burma that there is an "increased risk" of a delay in the elections because of factional rivalries between the military, Parliament and the ruling party. It sees the possibility of a three-way race emerging for the presidency amid growing nervousness by the military about a loss of power and influence.

"The 2015 election is widely perceived as the leading barometer of stability, and failure to hold elections would also compromise investor confidence and increase the risk premium of doing business in [Burma], which would likely lead to an escalation in insurance premiums for large infrastructure projects along with muted market interest in the Thilawa, Dawei, and Kyaukphyu special economic zones," IHS said.

"This would then jeopardize the leadership's efforts to attract investment in infrastructure projects that are needed to wean the economy off reliance on the extractive industries."

The assessment envisages a scenario in which mass street protests might take place and business activities curtailed if the military gains the upper hand.

IHS warns clients that delayed elections, due in the final quarter of next year, are looking increasingly likely if rivalries between the Tatmadaw (military), the ruling Union Solidarity and Development Party (USDP) and the opposition are not resolved.

The military is "motivated by fears" that a national ceasefire agreement with rebel militias would strengthen an NLD-ethnic groups' alliance.

"The real fear is that the 2015 election will lead to this bloc dominating the Presidential Electoral College [PEC], which is the body responsible for electing the next president. This would then reduce the prospects of a military-backed candidate securing the presidency."

The HIS warning comes amid recent hostilities between the Burma Army and ethnic armed rebel groups.

"The renewed offensives are likely intended to pressure smaller ethnic groups into signing a ceasefire acceptable to the army, and demolish the prospects of any NLD-ethnic alliance by demonstrating that the Tatmadaw is the only entity capable of delivering peace," the analysis reads.

"This would then bolster military Commander-in-Chief Min Aung Hlaing's own presidential ambitions."

The other two possible presidential candidates, IHS said, are parliamentary Lower House Speaker Shwe Mann and NLD leader Aung San Suu Kyi.

The military's hardening is an indication that the Tatmadaw is against any further political liberalization, IHS said.

"The military's changing stance is likely motivated by fears that continued negotiations will lead to the executive signing a national ceasefire agreement unacceptable to the military, and would further buttress an NLD-ethnic alliance. The NLD and the ethnic insurgents favor amending the 2008 Constitution and the formation of a federal union, both of which the Tatmadaw oppose because it wants to preserve the status quo guaranteed under the current Constitution."

The IHS warning about the possibility of a blunting of economic growth and renewed sanctions also comes as the US government blacklists one of Burma's biggest and most influential businessmen.

Aung Thaung, who is also a lawmaker representing the military-backed USDP, was placed on a Washington Treasury Department restriction list for actively seeking to undermine positive economic change in Burma.

The department did not specify what in particular Aung Thaung had done, but the blacklisting freezes his assets in US-connected banks and bars him from doing business with American firms.

"The latest US sanctions on a [Burma] lawmaker highlight the conundrum for companies looking to bring Western investment to the country: More names are going on the blacklist than coming off," the Wall Street Journal said. "The move represents the first time the US has placed a senior Burmese official on the blacklist since it began lifting sanctions in 2012."

Aung Thaung and his family control several major Burmese firms, notably IGE Company Limited, which is engaged in a wide range of trading and construction, including contracts to build hydroelectric dams.

IGE is involved in the construction of the Yeywa hydro plant, in Mandalay Division, in partnership with the China Gezhouba Group Corporation.

IGE has also moved into the oil and gas support services and pipeline construction sector in anticipation of a rise in demand when work begins on more than 20 recently awarded onshore and offshore blocks—some of which went to American oil companies.

"The new sanctions highlight the obstacles to Western firms seeking to do business in [Burma]," said the Journal, "but while US diplomats are actively encouraging [Burma] businessmen to apply to be taken off the blacklist, few of the 100 or so names have so far been removed.

"No names were taken off the blacklist in 2014 and only one was removed in 2013, while several were added, according to public records."

The post FDI, Aid 'Will Dry Up' If Burma's 2015 Elections Are Postponed appeared first on The Irrawaddy Magazine.

Shan Herald Agency for News

The “pentapartite” dialogue: The new game in town, says a don

Posted: 06 Nov 2014 01:58 AM PST

An academic, who has been working closely with ethnic resistance movements for more than 20 years, said yesterday the 31 October high-level talks held in Naypyitaw is a new game in town that the movements should be a part of.

The talks which has become known to the media as a "pentapartite dialogue," in contrast with the already year- long call for a quadripartite dialogue by the National League for Democracy (NLD) leader Aung San Suu Kyi was attended by 14 representatives from the government, legislature, military, democratic parties and ethnic parties. The Lady, as she is known, has been demanding a meeting between her and the President, Union Assembly Speaker and Commander-in-Chief.

"It doesn't mean that the NCA (Nationwide Ceasefire Agreement) negotiations should be put off or killed," the scholar, who clearly does not prefer identification, said. "But, by the look of things, they should be given more time. And the whole peace process should not come to a halt because there is a hitch which is normal in this kind of negotiations."

Commenting on the 31 October high-level talks, he said, "It is, in a way, a response to The Lady's call. It is also still in a tentative format but has great potential to expand."

Comparing with Sri Lanka, he thought that the Tamil Tigers had made a costly miscalculation. "At first they were dealing with a moderate government," he said. "And with all the concessions coming from it, they had overestimated their leverage. We don't want the ethnic movements in Burma to make their own miscalculation. Because after the 2015 elections, no one knows for sure how the balance of power will change."

President Thein Sein, during his opening address, said, "We will attain success and overcome these challenges only if Myanmar's political forces come together in a common purpose. I also believe we will be able to come up with the solutions that will aid our current political process if the political forces present here today work together."

The 3 agendas he had proposed were: continuation of the democratic transition and the political process, ways to strengthen the peace process and how to successfully carry out the 2015 elections.

During his monthly radio address to the nation yesterday, he had dubbed the 31 October talks "the start of a new political culture, where we talk to each other and embrace dialogue instead of resorting to confrontational approaches when trying to find solutions to overcome our common challenges."

Both Hkun Htun Oo, representative of the 1990 elections winning ethnic coalition United Nationalities Alliance (UNA) and Sai Aik Pao, representative for the 2010 elections winning ethnic coalition, Nationalities Brotherhood Federation (NBF) had called for a swift conclusion of the NCA negotiations and the start of the political dialogue in early 2015. Both had also demanded a review of the Commander-in-Chief's 6 point condition. # 5 To abide by existing laws and # 6 To abide by the 2008 constitution have been holding up the peace process, according to them.

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Thursday, November 6, 2014