Tuesday, December 9, 2014

The Irrawaddy Magazine

The Irrawaddy Magazine


Emergency Care Bill Signed Into Law

Posted: 09 Dec 2014 05:46 AM PST

Rangoon General Hospital is pictured in downtown Rangoon. (Photo: The Irrawaddy)

Rangoon General Hospital is pictured in downtown Rangoon. (Photo: The Irrawaddy)

RANGOON — Burma's President Thein Sein signed into law an Emergency Care and Treatment bill last week, the government mouthpiece Myanma Alin reported on Tuesday, in an attempt to fix some of the ails afflicting the country's decrepit health care system.

The law, passed on Friday and published in the state daily on Tuesday, appears aimed in part at combatting widely held reluctance in Burma to help strangers in medical need. A common fear is that involving oneself with such a person will require lengthy, legally mandated commitments as a witness in any court proceedings stemming from the incident.

Under the new law, any requirement that a rescuer later serve as a witness in a court hearing related to the incident must not be subject to "undue burden" in the course of fulfilling his or her obligations as a witness.

The legislation also seeks to remedy another worrying aspect of Burma's health care system: the tendency for some hospitals to withhold treatment from patients until after a police report of the incident leading to their medical need is received.

The law requires hospitals both public and private to give priority to cases involving emergency care. If a private hospital takes in such a patient, it must ensure the individual's condition is stable before transferring the patient to a public hospital. The provision would prevent hospitals from delaying treatment in dire cases until a police report is received, as is a common practice in Burma.

Aung Kyaw Soe, 34, welcomed the new law, saying it would put the public's mind at ease in situations where an individual is imperiled.

"Two years ago, two cars crashed on Pyay Road [in Rangoon]. Each car had two people bleeding and unconscious, but there was no one who took care of them out of fear of police involvement. An ambulance took nearly 30 minutes to arrive."

Thura U Aung Ko, a Lower House parliamentarian, put forward the Emergency Care and Treatment bill last year.

Another provision stipulates that if a person prevents or obstructs a hospital-bound patient, the offender could face up to one year in prison and a fine of US$100.

Lawyer Khin Zaw told The Irrawaddy that the prison term was too harsh a punishment for offenders, and said a more clear definition of "prevents or obstructs" was needed. He also pointed out that the law contained no provision legally requiring individuals to render assistance if they are first on the scene of a situation that calls for it. So-called "Good Samaritan" laws exist in some countries and often require individuals to at minimum inform authorities in such situations.

The Emergency Care and Treatment Law does state that the person in closest proximity to an injured individual "have the duty" to provide assistance or contact police or other relevant authorities, but it stops short of legally mandating assistance.

The post Emergency Care Bill Signed Into Law appeared first on The Irrawaddy Magazine.

Rangoon Division Official Proposes 12-Party Constitutional Reform Talks

Posted: 09 Dec 2014 04:20 AM PST

Lawmakers leave Rangoon Division parliament on Tuesday. (Photo: May Kha / The Irrawaddy)

Lawmakers leave Rangoon Division parliament on Tuesday. (Photo: May Kha / The Irrawaddy)

RANGOON — A Rangoon Division cabinet member has raised a proposal in the local legislature to hold "12-party talks" on constitutional reforms, after the national Parliament's suggestion told hold six-party talks on the issue was ignored by the president and the Burma Army chief last month.

Rangoon Division's Karen Nationalities Minister Tun Aung Myint on Tuesday submitted an urgent proposal to Rangoon Divisional parliament to hold 12 party talks that would include the president, the army chief, the speakers of both Houses of Parliament, Aung San Suu Kyi and representatives from the seven major ethnic groups represented in Burma's ethnic states.

"I submit the proposal because rather than the six-party talks, I personally think that we should expand the number of participants up to 12, which could be better and more inclusive," he told Rangoon Division parliament.

Rangoon parliament will discuss the proposal tomorrow. According to procedures, if it agrees to the proposal it will submitted to the union government. The president can then send it back to the national Parliament with a remark for further discussion.

On Nov 25, the national Parliament agreed to a proposal by a ruling party lawmaker calling for six-party talks between President Thein Sein, Commander-in-Chief Min Aung Hlaing, the speakers from the Houses of Parliament, Suu Kyi and one ethnic party representative. But the proposal was quickly rejected by the president and the army chief.

Tun Aung Myint, who is the president of the Karen National Party, said his proposal to include more ethnic representatives would better reflect the minorities in the constitutional reform discussions.

Since early 2014, Suu Kyi's National League for Democracy and the 88 Student Generation Peace and Open Society have been calling and campaigning for reforms to Burma's undemocratic and unpopular charter, which guarantees the Burma Army considerable political powers and blocks Suu Kyi from the presidency.

However, despite some parliamentary discussions and vague promises by the ruling Union Solidarity Development Party, there has been no progress. In recent weeks, it has appeared that the Thein Sein administration and Snr-Gen. Min Aung Hlaing are intent on blocking significant charter reforms.

The post Rangoon Division Official Proposes 12-Party Constitutional Reform Talks appeared first on The Irrawaddy Magazine.

Embassy Steps in on Malaysia Murder Case

Posted: 09 Dec 2014 04:16 AM PST

Myo Pai, a leader of a Kuala Lumpur-based free funeral services group, standing right in a white shirt, beside the coffin of Ko Tony on Wednesday, before he was also killed in early July, 2014. (Photo: Sakhunna Ung)

Myo Pai, a leader of a Kuala Lumpur-based free funeral services group, standing right in a white shirt, beside the coffin of Ko Tony on Wednesday, before he was also killed in early July, 2014. (Photo: Sakhunna Ung)

The Burmese Embassy in Malaysia is verifying police claims that at least 15 detained murder suspects are Burmese nationals, the embassy said on Tuesday.

Malaysian police arrested the suspects over the past two weeks for their suspected involvement in at least 18 murders of Burmese migrants in Penang, a popular tourist destination in the country's northwest.

The spate of murders occurred throughout the year, but no related arrests were reported until late November. Some of the victims were severely mutilated, with one recent incident leaving investigators with what the government-owned news agency Bernama described as a "jigsaw of heads, arms, leg and a torso."

Police claimed last week that the suspects were also migrants from Burma, and local media reported that Penang Police Chief Abdul Rahim Hanafi suggested the violence was a spillover of ethno-religious tensions in Burma, where clashes between Buddhists and Muslims have left more than 200 dead and about 140,000 displaced since mid-2012. Others have fled Burma by boat, many of them stateless Rohingya Muslims seeking refuge in Muslim-majority Malaysia.

The Burmese Embassy told The Irrawaddy that it has received the police reports and is in the process of verifying the nationalities of the accused.

"We are scrutinizing the information, and we cannot tell yet whether all of them are from Myanmar," said Lin Maung Maung, assistant to the secretaries at the Burmese Embassy in Malaysia's capital, Kuala Lumpur.

About one-third of the suspects have Burmese passports, while the rest are still being verified as they don't all have legal documentation, he said. Some of the suspects may also be residing in Malaysia with documents issued by the UN refugee agency, UNHCR, but may not have passports or birth certificates.

Lin Maung Maung added that the verification may take some time as the police provided only very basic information about the suspects, limited to their names, their fathers' names, and their addresses.

San Win, a Burmese charity worker living in Malaysia, said that at least two migrants are murdered each month, and that many of the recent victims were Buddhists. As chairman of the Malaysian chapter of the Kepong Free Funeral Services, he and his colleagues often provide ceremonies and family support for migrants who pass away abroad.

San Win said that police in Malaysia are not providing adequate support and information to victims' families.

"The news here in Malaysia said that the suspects were arrested, but none of the victims' families were informed," he said, adding that the only way victims' families can request the identities of the suspects is through diplomatic channels.

Despite police allegations that the murders were motivated by tensions back home, the embassy's Lin Maung Muang disagreed, claiming that "most of the cases we are informed of were related to disputes over money."

Nearly 100,000 people may have made the dangerous boat journey from western Burma to Malaysia or other neighboring countries since 2012, according to the UNHCR, a number that has swelled considerably since the inter-communal violence erupted.

While most new arrivals in Malaysia are believed to be Muslims, some parts of the country also have considerable Buddhist migrant populations, many entering the country legally via employment agencies. A recent report by Reuters said that many ethnic Arakanese Buddhists are also heading to Malaysia in search of opportunity in light of economic woes linked to the violence.

The post Embassy Steps in on Malaysia Murder Case appeared first on The Irrawaddy Magazine.

20 Muslims Facing Trial on Terrorism Charges

Posted: 09 Dec 2014 03:30 AM PST

An aerial view of Mandalay prison, where 20 Burmese Muslims are detained on terrorism charges. (Photo: Steve Tickner / The Irrawaddy)

An aerial view of Mandalay prison, where 20 Burmese Muslims are detained on terrorism charges. (Photo: Steve Tickner / The Irrawaddy)

RANGOON — Twenty Burmese Muslims remain in prison awaiting a verdict almost five months after they were detained and accused of links to terrorism, with a lawyer representing some of the defendants saying odds for a fair trial look slim despite a dearth of credible evidence against the accused.

The detained men and women are from Taunggyi, Kyaukse and Naypyidaw, and were arrested in August in Konhein Township, Shan State, while they were traveling to a wedding in the town of Konhein.

"They were charged with Article 5(j) and 5(l)" of Burma's Emergency Provisions Act, said Khin Moe Moe, a lawyer for 12 of the detained. "They did not have any contact with insurgent armed groups, they were just traveling for a wedding. … They are just normal people. Even the police bringing charges could not provide evidence at court about links to an armed group."

Win Khaung, the national police chief, has disputed that claim, telling Radio Free Asia that the 20 detainees had links to an unspecified armed terrorist group and were planning to carry out an act of terrorism, allegations to which the police chief said the accused had confessed.

Both charges carry a maximum sentence of seven years in prison.

"I do not think that these victims will get fair justice," Khin Moe Moe added. "I believe that there are instructions for the court in Taunggyi from top officers about how to punish these victims. The judge will sentence the victims even though the victims are innocent and even though police do not have [sufficient] evidence."

The 20 Muslims are all Burmese nationals, and some are even members of the ruling Union Solidarity and Development Party (USDP), according to their lawyer.

The accused have been held in a prison in Mandalay since August, with their lawyer objecting to their incarceration while the investigation is ongoing.

"Prison is for those who have been sentenced. These people are not guilty yet," she said. "An investigation is ongoing. They should not be in prison."

She said prison authorities have refused to let the families of the detained Muslims visit them. The four women and 16 men have appeared in court 20 times already, according to the lawyer.

Khin Moe Moe also claimed that monks aligned with the Buddhist nationalist 969 movement were interfering in the case. A group of 969-affiliated monks has attended every court hearing convened, and Khin Moe Moe said she had received a threat from a 969 member on Facebook.

"They come to show their power whenever the victims appear in court. They were waiting in front of the court during the victims' trial. They showed their power to create trouble sometimes. I told the victims' families not to come to the court out of concern," she said.

Members of Burma's Muslim minority are severely repressed in western Arakan State, but elsewhere in the country they have largely managed to avoid discriminatory treatment by authorities, despite rising interreligious tensions in recent years.

More than 200 people, mostly Muslims, have been killed in clashes between Buddhists and Muslims that have broken out sporadically since mid-2012. The most recent violence erupted in Mandalay in July, when one Buddhist and one Muslim were killed during rioting that lasted two days.

In Arakan State, more than 100,000 Muslims remain confined to displacement camps after they fled their homes in the 2012 violence.

The post 20 Muslims Facing Trial on Terrorism Charges appeared first on The Irrawaddy Magazine.

Ethnic Alliance Ponders Future Federalism, Creates ‘Federal Union Army’

Posted: 09 Dec 2014 02:37 AM PST

Ethnic leaders of the Nationwide Ceasefire Coordination Team and representatives of the government and Burma Army met in Myitkyina, Kachin State, earlier this year. (Photo: The Irrawaddy)

Ethnic leaders of the Nationwide Ceasefire Coordination Team and representatives of the government and Burma Army met in Myitkyina, Kachin State, earlier this year. (Photo: The Irrawaddy)

The 12 ethnic armed groups of the United Nationalities Federal Council (UNFC) officially announced that they planned to form their own so-called Federal Union Army, an initiative they said that would bolster defense cooperation and help with the creation of a single federal army for Burma in the future.

"We intend to form the Federal Union Army with the aim of integrating it into a model federal army of Burma in the future," said Gen. Bee Htoo, chief of staff of the Karenni National Progressive Party (KNPP), referring to a time when the government, Burma Army and ethnic groups have signed a nationwide peace agreement.

News of the plans for the creation of a Federal Union Army had circulated for some time but was officially confirmed by the UNFC this week.

Col. Khun Okkar, joint secretary of UNFC and a leader of the Pa-O National Liberation Organization, said the Federal Union Army initiative also served to strengthen defense cooperation between the 12 UNFC members, who he added would "help each other if one is attacked" by the Burma Army.

The UNFC includes most major rebel groups, such as the Kachin Independence Army, units from the Karen National Liberation Army (KNLA) and the Shan State Army-North, but several powerful groups, such as the United Wa State Army (UWSA), Shan State Army-South and the Mongla militia, are not members.

Bee Htoo said he was appointed chief of staff of the planned Federal Union Army at a UNFC meeting in late November, while KNLA vice chief of staff and Lt-Gen. Baw Kyaw Heh was named commander of Federal Union Army's southern region. KIA Chief of Staff Gen. Gam Shawng has been appointed commander of the new army's northern region.

The UNFC troops when unified under a Federal Union Army could potentially field a total of some 25,000 fighters.

The UNFC representatives said an important reason for creating the Federal Union Army was to help further the process of the creation of a federal army comprising ethnic groups and the Burma Army, a demand of the ethnic groups during the ongoing national ceasefire process.

Since mid-2013, the government, Burma Army and an alliance of 16 ethnic groups have held a number of high-level negotiations to reach a comprehensive ceasefire agreement. But the sides are still far apart on the ethnics' demands for a degree political autonomy for ethnic minority regions under a federal union of Burma, the formation of a federal army and calls for reforms to the undemocratic 2008 Constitution.

The issue of a federal army is scheduled to be discussed in the political dialogue, a protracted phase of negotiations that would follow a nationwide ceasefire. In recent months, the nationwide ceasefire process has hit deadlock, however, and trust in the process has fallen, in particular in the wake of a surprise attack by the Burma Army on a KIA training camp on Nov. 17 that killed 23 cadets.

"We will talk about how to form a model federal army based on the results of the political dialogue. If we reach an agreement over a federal army, the [UNFC's Federal Union Army] will be abolished," said Khun Okkar.

Bee Htoo said the UNFC's initiative was not intended to rival with the Burma Army, but to begin to set up an army in which the different ethnic peoples of Burma feel they have a place. He added, "We don’t accept the current structure of the Burma Army that was founded by the ethnic Burmans."

The road to establishing such an inclusive army will be long, however, as the Burma Army remains militarily and politically powerful, and the Burman majority-dominated army appears unlikely to give up centralized control over the country for which it has fought during decades of internal conflict.

Burma Army Commander-in-Chief Min Aung Hlaing in a recent interview with sVoice of America rejected the idea of the UNFC forming its own Federal Union Army.

"In fact, we already have the Tatmadaw, like all nation states have their own national army. But there are not two or three national armies in any nation. Not in the United States, not in neighboring India, China, Thailand, nor in Bangladesh," he was quoted as saying.

Snr-Gen. Min Aung Hlaing added, "There are differences in defining federalism in the constitution written by UNFC and in the [2008] Constitution" of Burma.

Under British colonial rule, the army was made up of different units that were formed by the country's ethnic groups, such a Burman units, Karen and Chin units. Shortly after independence in 1947, civil war erupted in Burma and the army fell apart along ethnic lines.

Veteran journalist and Burma expert Bertil Lintner said the creation of a federal union and federal army for Burma would be extremely complex, adding that he believed that the ethnic groups had not formed a clear idea yet of how to approach negotiations over these issues with the government.

Lintner said India's federal states and federal security forces structure offered the best example for a country as ethnically diverse as Burma. In India's federal states, he said, ethnic groups are allowed to maintain law and order through their own security forces in their regions, while issues of national importance, such as border affairs, fall under control of India's national army that is under central government command.

The best option, Lintner said, "would be if the ethnic armies could become state police forces in their respective states, under the command of a democratically-elected state government, but then Burma would have to become a federal union first."

The post Ethnic Alliance Ponders Future Federalism, Creates 'Federal Union Army' appeared first on The Irrawaddy Magazine.

Rangoon Govt Begins Impounding Sports Cars, Motorbikes

Posted: 09 Dec 2014 02:24 AM PST

Seized sports cars in the compound of Rangoon's divisional parliament building. (Photo: May Kha / The Irrawaddy)

Seized sports cars in the compound of Rangoon's divisional parliament building. (Photo: May Kha / The Irrawaddy)

RANGOON — The Rangoon Division government announced on Monday that it had impounded a number of sports vehicles, automobiles fitted with power exhaust systems and motorbikes as part of a crackdown on reckless driving in the city.

Since Dec. 4, the government has impounded 52 modified or high performance vehicles and four motorbikes, in an effort to curb the number of traffic accidents and improve road safety.

"We are impounding cars under the aegis of the divisional government. Previously, all we did according to the traffic rules and regulations was just fine drivers for speeding," traffic police captain Zaw Myo Tun told The Irrawaddy.

"We'll take actions against [drivers] in line with relevant laws," said Col Tin Win, the divisional minister for border affairs and security, at a press conference on Monday. "In the past, we only fined them, and they did not take it seriously and continued to drive on Yangon's streets. But now, we'll take severe action."

The crackdown has been prompted in part by frequent complaints from Rangoon residents about the reckless driving of sports cars, said Col Tin Win.

The divisional government will check whether seized cars have been imported illegally and sanction drivers accordingly, in line with laws on illegal importation and the Yangon City Development Committee's municipal traffic laws.

The government said the impounding of high performance vehicles would continue until all such vehicles are removed from the city's roads.

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Coalition Targets ‘Undemocratic’ Laws on Local Governance

Posted: 09 Dec 2014 01:52 AM PST

A street-level view of the No. 11 ward administrator's office in Pabedan Township, Rangoon. (Photo: The Irrawaddy)

A street-level view of the No. 11 ward administrator's office in Pabedan Township, Rangoon. (Photo: The Irrawaddy)

RANGOON — The Action Committee for Democracy Development (ACDD) has released a report claiming that provisions in Burma's Ward and Village Tract Administrative Laws are undemocratic, with the committee calling for amendments to provisions of the Constitution that pertain to local governance.

Although ward and village administrators, the lowest rank of the country's administrative hierarchy, are elected by the people, their appointment requires approval from higher level officials appointed by the Home Affairs Ministry, said Ye Kyaw Thu of ACDD, calling the practice unacceptable.

"The way [ward/village] administrators are selected is not reasonable. They are elected by the people, but their appointment needs to be approved by township and district administrators who have the authority to reject [administrators-elect] if they don't see eye to eye with them. Only a small proportion of current ward and village administrators were elected by the people," he said.

He added that the eligibility criteria in the law afford an unfair advantage to retired civil servants, favoring them over other potential candidates in the selection of ward and village administrators.

ACDD is comprised of 18 civil society groups engaged in social and political affairs. Its public opinion survey pertains to two laws enacted in 2012.

The committee interviewed more than 1,600 people in 72 townships across three states and six divisions from June to August, gauging public awareness of the laws and surveying whether people ultimately had the right to elect their ward/village administrators.

The survey found that more than 75 percent of respondents did not know of the existence of the Ward and Village Tract Administrative Laws and only 9 percent had studied the legislation, said Aung Myin, who took part in the survey.

"The respondents think that the selection method is not fair. Again, most of the people do not even know of the very existence of this law," he said.

A provision in the laws requires ward/village administrators to follow any instructions communicated by the Home Affairs Ministry, Aung Myin said, leading some local leaders to make decisions based on the dictates of Naypyidaw and not in the public's interest.

The ACDD said it hoped the survey would contribute to discussions about amending Burma's controversial 2008 Constitution, with the committee putting a focus on Articles 288 and 289 of the charter, which deal with local administration.

Article 288 states that township and district administrators are to be appointed, and the subsequent Ward and Village Tract Administrative Laws have given these appointees the final say in who serves as village and ward administrators. Article 289 states that village and ward administrators "shall be assigned in accordance with the law to a person whose integrity is respected by the community."

A ward administrator from Thingangyun Township in Rangoon said he could accept that ward administrators are required to follow instructions from higher up, likening the post to that of civil servants. He acknowledged, however, that some of those instructions were not in wards' best interests.

"For example, we have to accompany [police] in conducting surprise checks on vehicles. This is in no way concerned with the ward's interests. It is like we are asked to accompany them so that we can appear as a witness in court in case something happens," he said.

"We are paid, so let it be. But 10-household and 100-household administrators, who also have to accompany us, receive no remuneration at all. We have to arrest reckless drivers, but what if one of them stabs us? What they are doing is not effective at all," he said.

The post Coalition Targets 'Undemocratic' Laws on Local Governance appeared first on The Irrawaddy Magazine.

Shan New Year Celebrations Help Good Cause

Posted: 09 Dec 2014 01:12 AM PST

Performers in traditional Shan costume on stage. (Photo: Mark Inkey)

Performers in traditional Shan costume on stage. (Photo: Mark Inkey)

CHIANG MAI, Thailand — Not only are the Shan New Year celebrations in Chiang Mai at Wat Ku Tao the biggest outside of Shan State, they also raise about 300,000 Baht (about US$10,000) for underprivileged people in eastern Burma.

San Ya, a director of the Chiang Mai branch of the Tai Literature and Culture Society, which organizes the event, said that the festivities get bigger each year as more Shan people have been moving to the area of Chiang Mai over the last decade.

"Before, Shan people used to live mainly in the countryside and work in agricultural jobs, and the Thai government would not really let Shan people come to Thailand and work. But since about ten years ago, it has become much easier ," San Ya said.

Prior to that, there was no large Shan population in any one area, making large congregations difficult. Smaller celebrations in Chiang Mai used to be held at Wat Pa Pao, a small Shan temple on the moat surrounding the historic old city. Following a steady influx of Shan arrivals in Chiang Mai eventually caused celebrations to outgrow the venue.

Sometime around 2004, coordinators of the New Year event suggested a change.

"About ten years ago," said Prakruba Jantarangsri, the abbot of Wat Ku Tao, representatives of the Tai literature and Culture Association, "came and asked me if they could hold their New Year celebrations here and I said yes."

The abbot, whose name translates as Moonshine, explained that Wat Ku Tao is not a Shan temple, but a 650-year-old Lana, or northern Thai temple. He said that although he could speak Shan, had been to Shan State many times and was sympathetic to the ethnic minority, the main reason the Shan representatives chose his temple was that it was next to a sports stadium with ample parking facilities.

Jantarangsri said that the first New Year celebrations at the temple attracted about 1,000 people while the most recent celebrations from Nov. 21-23 this year attracted more than 10,000.

San Ya said that unlike previous generations of Shan immigrants who lived and worked in rural areas, newer arrivals lived in towns because they came to work in factories and construction. Chiang Mai is particularly popular as it is the nearest large Thai town to Shan State.

According to San Ya, there is another reason so many Shan people have been coming to Thailand.

"Because of land grabs in Shan State, people have no work so they come to Chiang Mai. Soldiers take the land," he said. "There are many people in Chiang Mai this has happened to."

Another difference between new arrivals and previous Shan immigrants is that many migrants have had children who were born, educated and raised in Thailand. Their distance from Shan customs has left many of them more culturally Thai, having lost some of their traditions and language. Because more recent arrivals grew up immersed in Shan tradition, they often speak Shan language and lead a culturally distinct lifestyle.

This is immediately obvious at New Year celebrations at Wat Ku Tao. Most people are wearing traditional clothing and headwear. Some instead wear Shan New Year tee shirts sold at one of the many stalls selling clothing and other goods.

Also on offer are traditional Shan foods rarely seen in Chiang Mai, such as tofu products, many varieties of Shan noodles and buffalo jerky. Alcohol, however, is not on the menu inside the temple grounds.

The yellow green and red of the Shan flag is everywhere, and most of the younger revelers have a small Shan flag sticker on one or both cheeks. Also very popular is a temporary Shan cultural museum with old photos from Shan State.

Probably the most popular attraction is the stage where Shan singers perform. One of the highlights was a performance by Nong Nairn, a young Shan woman who originally came to Chiang Mai as a migrant worker and made it big. She went on to become a model and now is a famous actress in Thailand, having appeared on television and in films.

With attendance of more than 10,000 people over three days, San Yai said that this year's celebrations were the biggest in the world outside of Shan State.

Everyone who attends the celebrations is charged 60 baht (roughly $2) and vendors also pay a fee. San Ya said that this year he expected to raise about 300,000 baht, which would go towards helping orphans and other disadvantaged people in Shan State.

He explained that the Tai Literature and Culture Association also has branches in Shan State that help to identify people and projects in need of funding, and distributes the money raised over New Year.

"All the money goes to Burma. The association gives money to people who have problems, poor people, orphans, people in troubled areas, people in [displacement] camps and refugees. It helps to buy them food," he said.

But beyond providing basic assistance to those in need, the funds also help to preserve a vital part of Shan identity.

"Some money also goes toward paying for the teaching of Shan language in schools, [and] Shan study books," San Ya said.

The post Shan New Year Celebrations Help Good Cause appeared first on The Irrawaddy Magazine.

Indians Ask What Has Changed Since Delhi Gang Rape as Uber Driver Accused

Posted: 08 Dec 2014 10:31 PM PST

A student prays during a vigil for a gang rape victim, who was assaulted in New Delhi, in Ahmedabad. (Photo: Reuters)

A student prays during a vigil for a gang rape victim, who was assaulted in New Delhi, in Ahmedabad. (Photo: Reuters)

NEW DELHI — The alleged rape of a woman by a taxi driver in India's capital, just days before the city marks the second anniversary of a notorious gang rape on a Delhi bus, has sparked debate over whether security for Indian women has improved.

A 27-year-old financial executive accused a taxi driver licensed by Uber, a popular US online cab service, of raping her late on Friday as she travelled home from a party.

The alleged attack was a chilling reminder of the fatal gang rape of a woman by six assailants aboard a moving bus on Dec. 16, 2012. The crime sparked outrage around the world and calls for greater protections for women moving around India's cities.

"I think it is time for some introspection over what has changed in the last two years," said Kamala Bhasin, a prominent feminist who founded the women's rights charity Jagori.

"Laws have become better, there is greater public consciousness but we need to do much more in terms of addressing the question of why men are doing this and what can be done to stop them behaving like this."

The accused driver, Shiv Kumar Yadav, was taken to court on Monday, a black cloth bag over his head. Police say he was arrested for raping a woman in 2011, but later acquitted.

Public outrage over the Delhi gang rape forced authorities to stiffen penalties against sex crime offenders and criminalize activities such as stalking. What is lacking is a strategy aimed at tackling patriarchal attitudes towards women, said activists.

India was ranked as the fourth most dangerous place for a woman to take public transport in a poll published in October by the Thomson Reuters Foundation. It polled second-worst on safety at night and for verbal harassment.

On average 40 cases of crimes against women are registered daily by Delhi Police, including at least four cases of rape, according to government officials.

More Awareness, More Reports

Over the last two years there has been voracious reporting on the issue and campaigns by the media and NGOs which have emboldened more victims to come forward to report crimes such as rape, molestation and sexual harassment.

The city's police force has established a women's help desk in most of the city's 160 police stations and conducts gender sensitization classes for officers and constables. A toll-free women's helpline receives more than 250 calls daily.

Under a law introduced after the Delhi gang rape, police face up to three years in jail if they fail to register sexual offences—forcing them to take a "zero tolerance" approach to reports of gender crimes which often used to be dismissed.

Delhi Transport Corporation also conducts gender classes for its bus drivers and has begun fitting buses with GPS systems so that they are easy to monitor and locate.

Fast-track courts have been set up to deal with sex crimes and 'one-stop' rape centers have opened where victims can report the crime and access medical and psychological support.

"The registration of rape, molestation and other crimes against women has increased as an outcome of increased awareness of general public… women are now feeling encouraged to come forward," Haribhai Parthibhai Chaudhary, State Minister for Home Affairs, told parliament last week in a written reply.

There had been a 15 percent increase in the number of reports of crimes against women, with 13,230 reports registered in Delhi to Nov. 15 this year, against 11,479 cases during the corresponding period in 2013, added Chaudhary.

'Different World'

But activists say authorities can do much more.

"There is still a lot which needs to be done when it comes to safe mobility for women in the city," said Kalpana Viswanath, co-founder of Safetipin, an app which helps users by providing safety-related information.

"Delhi isn't an easy city to move around in… We need better street lighting across the city and better last-mile connectivity services from metro stations."

More police deployed around metro stations, GPS in auto-rickshaws, extended hours for underground trains and more buses on the roads would also help, said activists.

Awareness campaigns, school classes on gender issues and training for those working in public transport were also needed.

"Banning tinted windows on buses, more police on the streets and better checks and monitoring on drivers are good outside measures," said Monica Kumar, head of Manas Foundation which has run gender classes for thousands of Delhi's rickshaw drivers.

"But we need inside measures. We need to understand their mindset and engage with such drivers, who are often migrants who come from a hugely different world where women are not respected and afforded their equal rights."

The post Indians Ask What Has Changed Since Delhi Gang Rape as Uber Driver Accused appeared first on The Irrawaddy Magazine.

Philippine Storm Weakens After Leaving 21 Dead

Posted: 08 Dec 2014 08:51 PM PST

Vehicles drive under a fallen coconut tree, after strong winds and heavy rain brought by typhoon Hagupit battered Atimonan town, Quezon province, south of Manila on Dec. 8, 2014. (Photo: Reuters)

Vehicles drive under a fallen coconut tree, after strong winds and heavy rain brought by typhoon Hagupit battered Atimonan town, Quezon province, south of Manila on Dec. 8, 2014. (Photo: Reuters)

SAN JUAN, Philippines — Typhoon Hagupit weakened into a tropical storm Monday after leaving at least 21 people dead and forcing more than a million into shelters, while sparing most of a central Philippine region still reeling from last year's monster Typhoon Haiyan.

Hagupit made landfall shortly before nightfall in the resort town of San Juan in Batangas province, about 100 kilometers (60 miles) south of Manila, the capital, with maximum sustained winds of 85 kilometers (53 miles) per hour and gusts of 100 kph (62 mph). But a few hours later, Manila still was experiencing only slight winds and light rain.

Forecasters, however, said Hagupit could still generate storm surges that could overwhelm coastal villages. In the capital, police officers were asking people to stay away from a promenade beside Manila Bay for safety reasons.

More than 2,800 villagers moved to emergency shelters in San Juan, a low-lying and flood-prone town popular for its beach resorts, including 220 people huddled inside a gymnasium as torrential rains pounded.

"It's really scary if you've watched what happened during Haiyan," said Amy de Guzman, a 34-year-old mother of three who sought refuge in the gymnasium. "I hope the storm blows away from here as far as possible."

While officials expressed relief that the typhoon had not caused major damage in Tacloban and other central cities that were devastated by Haiyan, they warned that it was still barreling across the southern tip of the main northern island of Luzon, where Manila is located. The storm was expected to blow away Tuesday into the South China Sea.

Hagupit (pronounced HA'-goo-pit), which first made landfall in Eastern Samar late Saturday, was moving slowly at 10 kph (6 mph) and could dump heavy rain that could possibly trigger landslides and flash floods, according to forecasters.

Many of those in eastern areas who evacuated to shelters started to troop back home after the typhoon had blown past their provinces, Philippine Red Cross Secretary-General Gwendolyn Pang said.

Manila Mayor Joseph Estrada said more than 5,000 residents of a shantytown on the edge of Manila Bay have been evacuated due to possible storm surges. Sandbags were stacked along a portion of a seawall to prevent possible storm surges in Manila Bay from spilling into a scenic boulevard and a tourist belt of restaurants and hotels.

"We've prepared and trained for this," Estrada told The Associated Press, adding that his greatest fear was widespread flooding. Metropolitan Manila has a population of more than 12 million people.

Like villagers in the central Philippines, Estrada said Manila residents were readily moving to safety because of haunting memories of Haiyan.

The strongest typhoon on record to hit land, Haiyan's tsunami-like storm surges leveled entire villages and left more than 7,300 people dead or missing in November last year.

Hagupit left at least 21 people dead, including 16 villagers who drowned in Eastern Samar province, where the typhoon made its first landfall, according to the Philippine Red Cross. The government disaster-response agency has reported only five other deaths, including three people who died of hypothermia, saying it was still verifying other reported casualties.

Displaced villagers have been asked to return home from emergency shelters in provinces where the danger posed by the typhoon had waned, including Albay province, where more than half a million people were advised to leave evacuation sites.

Nearly 12,000 villagers, however, will remain in government shelters in Albay because their homes lie near a restive volcano.

President Benigno Aquino III has decided to cancel a trip to South Korea, where he and other Southeast Asian heads of state were to attend a diplomatic summit later this week, so he can deal with storm's aftermath. He will send two Cabinet members to represent him at the event, presidential spokeswoman Abigail Valte said.

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China Sentences Eight to Death for Attacks in Xinjiang

Posted: 08 Dec 2014 08:44 PM PST

 

Paramilitary policemen stand on a truck as they travel past the Xinjiang International Grand Bazaar during an anti-terrorism oath-taking rally in Urumqi on May 23. (Photo: Reuters).

Paramilitary policemen stand on a truck as they travel past the Xinjiang International Grand Bazaar during an anti-terrorism oath-taking rally in Urumqi on May 23. (Photo: Reuters).

BEIJING — A Chinese court on Monday sentenced eight people to death on charges of leading terror groups and setting off explosives in two attacks that left 46 people dead in the far western region of Xinjiang, home of the Muslim Uighur minority, state media said.

The Urumqi Intermediate People’s Court in the capital of Xinjiang also handed out suspended death sentences to five others, China Central Television said, without mentioning when the trials were held.

In a separate case, the same court jailed seven minority students of a prominent Uighur scholar for three to eight years after convicting them of separatism, rights lawyer Li Fangping said Monday.

Violence linked to Xinjiang has killed about 400 people in and outside the region over the past 20 months. Beijing has blamed the attacks on radical separatists with foreign ties, although critics and human rights advocates say Uighurs have chafed under the repressive rule of the Han Chinese-dominated government.

Uighurs also complain of economic disenfranchisement with the inflow of Han Chinese to their homeland. Beijing says it is pumping investments into the region to help it grow.

Most attacks have been mounted against state targets, such as police stations, military checkpoints and government buildings, but assailants also have struck at civilians in several recent incidents, slashing at crowds with knives or setting off bombs at train stations and commercial areas.

On April 30, as Chinese President Xi Jinping was wrapping up a tour to the ethnic region, an explosion shook a train station in the regional capital, killing three people, including two attackers.

CCTV said two men were sentenced to death in the train attack. The defendants said on national television that they were instructed by a man outside China to carry out the attack. CCTV said the man was connected to the East Turkestan Islamic Movement, a group that China has designated a terrorist organization.

About three weeks later, on May 22, four men drove two SUVs through a crowded market in central Urumqi and tossed explosives out of the car windows, killing themselves and 39 others.

Initial state media reports said that attack was the work of a five-member terror group, including the assailants who died. However, CCTV said on Monday that six people were sentenced to death on charges of terrorism, use of explosives and endangering public safety. It did not explain why the number of suspects grew.

Dilxat Raxit, spokesman for the Munich-based World Uyghur Congress, said the harsh sentences were politically motivated and the defendants had no chance of a fair trial. "China will never seek the root causes in its extreme [ethnic[ policies," he said in a statement.

Authorities responded to the attacks by launching a one-year crackdown on violence in Xinjiang, where security was already tight following riots in Urumqi in 2009 that left nearly 200 people dead, according to official count.

Among those sentenced in the clampdown is Ilham Tohti, a former economics professor at Minzu University of China in Beijing. Known for his candid criticisms of Chinese ethnic policies in his home region of Xinjiang, he was found guilty of separatism and sentenced to life imprisonment in September. Authorities accused him of fanning ethnic hatred, advocating violence and instigating terror through his classroom teaching and a website on Uighur issues.

Seven of his students—six Uighurs and one ethnic Yi—who helped him run the website were accused of being part of a criminal gang led by him. At least three had testified against Ilham Tohti on national television.

While Beijing insists there are no flaws in its ethnic policies, the top leadership has made some adjustments. It has agreed to provide free high school education in southern Xinjiang, which has the highest concentration of Uighurs, and promised employment for at least one member of each household in the poverty-stricken region.

 

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Kachin in Thailand Mark Monarch’s Birthday with Manau Festival

Posted: 08 Dec 2014 03:30 PM PST

Kachin in Thailand

Members of northern Thailand’s Kachin community were joined by visitors from Burma, as well as their Jingpo and Singpho cousins from China and India, for a Manau celebration in honor of the Thai King's birthday in early December, 2014. (Photo: Seamus Martov)

CHIANG DAO, Thailand—The normally sleepy village of Ban Mai Samakee, located in northern Thailand’s Chiang Dao district, was teeming with activity this past weekend as villagers held a traditional Kachin festival in honor of the Thai King's 87th birthday.

The village, home to a group of aging Kachin exiles left stranded in northern Thailand in the 1970's and their descendants, has celebrated the Manau festival every other year for the last decade on the King’s birthday to commemorate his granting them the opportunity to live in his country.

During this year's festival, members of northern Thailand’s Kachin community were joined by a large number of visitors from Burma, as well as their Jingpo and Singpho cousins from China and India. The Manau dance, which originates from the animist faith practiced in the Kachin hills before the arrival of Christianity, involves dance leaders guiding two groups of dancers, weaving around Manau posts in a complex pattern.

This year’s festivities also included a series of concerts held over the four days of celebration. Performers included the popular 88 generation musician Mun Awng, a long exiled native of Kachin state.

The post Kachin in Thailand Mark Monarch’s Birthday with Manau Festival appeared first on The Irrawaddy Magazine.

Democratic Voice of Burma

Democratic Voice of Burma


DVB Bulletin: 9 December 2014

Posted: 09 Dec 2014 04:35 AM PST

On tonight's bulletin:

  • Kachin govt denies accusations of blocking aid to IDPs
  • Squatters rebuild bulldozed Irrawaddy homes
  • SNLD exodus continues
  • Rangoon police crack down on illegal drag racers

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

The post DVB Bulletin: 9 December 2014 appeared first on DVB Multimedia Group.

E-bikes also banned in Rangoon

Posted: 09 Dec 2014 02:39 AM PST

Electric bikes will be included in the Rangoon Division government's ban on motorbikes, according to the regional Border and Security Affairs minister, Col. Tin Win.

In response to a formal question from Thingangyun Township MP U Kyaw, minister Tin Win confirmed that e-bikes will be targeted just as standard motorbikes are.

Motorbikes have been banned in Rangoon since 2003, though some have proposed lifting the ban to help relieve the severe traffic congestion the city has experienced over the last few years.

In the Rangoon regional parliament session on Monday, U Kyaw also questioned if the government aimed to completely forbid the use of motorbikes, or if special license plates would be issued to civil servants who use bikes for official duties.

Minister Tin Win said the government has seen encouraging statistics: "Government organisations are successively taking action on the illegal use of motorbikes. Previously, during a campaign period to educate the public, 865 warnings were issued. In 2014, a total of 3,270 bikes were seized as disciplinary measure."

The Yangon City Development Committee (YCDC) in February 2014 warned a crackdown on motorbikes being driven within the city limits in accordance with YCDC Article 72.

The officials said there are some municipal and electricity department staff were given special permission to travel on bikes, but other civil servants seen on bikes or e-bikes will face the same punishment as civilians.

"We will see effective action against e-bikes, the same way we restrict motorbikes," he said. "There is no plan to issue special license plates for civil servants. We have some important municipal civil servants registered to use bikes, but like everyone else they will face action if they ride in the city."

He added the municipality is planning to promote awareness of the bike ban via billboards and advertisements.

Despite these initiatives, transport in Rangoon remains a contentious issue. The population has risen in the last few years, and the city experiences regular traffic jams on badly maintained roads. There have been moves to improve Rangoon's public transport network, such as new tram services operating in downtown area.

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Modern trams to follow historical route

Posted: 09 Dec 2014 01:56 AM PST

Two new tram services were unveiled in Rangoon on Sunday.

Myanmar Railways says the services are set to relieve serious congestion in the downtown area.

Passengers will make tracks down the Strand Road, where the British Colonial administration ran steam and electric services over one hundred years ago.

The post Modern trams to follow historical route appeared first on DVB Multimedia Group.

Burma’s boxing champ knocked out by US opponent

Posted: 08 Dec 2014 11:38 PM PST

Burmese traditional boxing (Lethwei) champion Tun Tun Min lost a championship match in Rangoon to American Muay Thai number one, Cyrus Washington.

Washington, a Taekwondo expert, claimed the fight with a spinning back-kick which knocked out Tun Tun Min. The win meant the American claimed top place at the AIR KBZ Flagship International Lethwei Challenge Fight in Rangoon on 7 December.

The event hosted eight challenge matches, including three between Burmese Lethwei and foreign Muay Thai boxers. The Burmese fighters were defeated in two of these matches.

Burma's Kyar Pauk was also knocked out by his Thai opponent in the third round, and Burma's Htet Aung Oo drew with and Thialand's Sang Tien Noi.

Washington was awarded the organiser Air KBZ's golden flag, following his victory against Tun Tun Min.

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Calls for probe into army killing of Kachin girl, 14

Posted: 08 Dec 2014 08:16 PM PST

The family of a Kachin girl allegedly shot dead by the Burmese army in Kachin State two years ago has called on the government to investigate her death.

Fourteen-year-old Ja Seng Ing sustained a fatal gunshot wound when she was reportedly shot by a Burmese soldier on her way home from school on 13 September 2012 in the jade-mining town of Hpakant.

The incident came at a time when the Burmese army was engaged in clashes with the Kachin Independence Army (KIA) in the area.

The 14-year-old's father, Brang Shawng, subsequently filed a complaint at the government-backed Myanmar National Human Rights Commission, demanding the army be held accountable for her death. The army, in response, asserted that she had been killed by shrapnel when the KIA remotely detonated a mine, and sued Brang Shawng under the Burma penal code Article 211 for lodging a false accusation.

Ja Seng Ing's family held a press conference on 6 December in Rangoon calling for the government to establish a committee to investigate the circumstances of her death.

Mya Aye, a leader of the civil society group 88 Generation Peace and Open Society, said, "I feel that the army, when they recklessly shot this girl, did not just kill her but they also killed a part of Burma's future – I am deeply saddened."

According to military code, servicemen in the Burmese army traditionally can only be tried at military courts for crimes committed against the civilian population. However, there have been recent cases where soldiers have been tried at civilian courts for crimes against civilians outside of conflict. They are still exempt from punishment for crimes allegedly committed during skirmishes.

The post Calls for probe into army killing of Kachin girl, 14 appeared first on DVB Multimedia Group.

Rangoon govt to debate legalising sex work venues

Posted: 08 Dec 2014 07:32 PM PST

A proposal to legalise and regulate karaoke bars and massage parlours in Rangoon Division was put forward at a regional parliament session on Monday.

Karaoke bars, commonly known as KTVs, and massage parlours are generally regarded as fronts for businesses offering sex workers in Burma.

The proposal, which was lodged by Thaung Kyaw, an MP from the ruling Union Solidarity and Development Party (USDP) representing Yankin Township, is to be debated in the regional parliament session on 12 December.

On the same day, another USDP MP, Myo Khin, who is also based in Yankin, a neighbourhood situated just east of Inya Lake, raised a formal question in the Rangoon parliament, asking whether there is a plan to create a Night Zone specifically for KTVs, massage parlours, nightclubs, bars, and other night entertainment venues – currently scattered across the city in residential areas.

Regional Border and Security Affairs Minister Col. Tin Win responded that there was no such plan.

Speaking to DVB in January, Eamonn Murphy, the Myanmar country coordinator for UNAIDS, said that it is "well understood that additional services may be provided" at KTVs, massage parlours and nightclubs, although the majority of managers on the premises will vehemently deny the fact that any sex work takes place if questioned.

Burma maintains stiff legal penalties against prostitution. The Suppression of Prostitution Act (1949) was adapted from a colonial era law and stipulates a punishment of one to three years imprisonment for sex workers and pimps – however clients are not penalised.

The legal definition of a brothel was broadened in 1998 to include any place used habitually for sex work, which Murphy said was in response to a surge in the number of massage parlours and karaoke lounges.

While government data from 2012 estimates there are 60,000 sex workers in Burma, Population Services International claims the actual figure is closer to 80,000 – and that there are 15,000 sex workers in Rangoon alone.

 

The post Rangoon govt to debate legalising sex work venues appeared first on DVB Multimedia Group.

National News

National News


YCDC election candidate protests ban on political party members

Posted: 08 Dec 2014 08:25 PM PST

A candidate in Yangon's upcoming municipal elections has written to the president protesting against electoral rules that bar political party members from participating.

Yangon MPs to discuss proposal for 12-way talks

Posted: 08 Dec 2014 08:23 PM PST

The Yangon Region Hluttaw has agreed to discuss a proposal for 12-way talks between national political leaders, including seven representatives of ethnic minorities.

Rakhine migrant workers plead innocence in Koh Tao murders

Posted: 08 Dec 2014 08:13 PM PST

Two Myanmar migrant workers have pleaded not guilty to murdering a pair of British holidaymakers at a Thai diving resort, their lawyer has told AFP.

Opium yield down, but challenges remain

Posted: 08 Dec 2014 07:54 PM PST

Opium production in Myanmar fell by nearly a quarter this year, says UNODC, but the world's second largest poppy grower still faces a growing battle against drug use.

Tatmadaw officer jailed for signing NLD petition

Posted: 08 Dec 2014 06:49 PM PST

A Myanmar army officer has been jailed for two years after he signed a petition supporting Aung San Suu Kyi's efforts to reduce the military's role in politics, says a member of her opposition party.   

EU pledges US$900m for Myanmar

Posted: 08 Dec 2014 06:47 PM PST

The European Union has announced it will send nearly 700 million euros in aid to Myanmar over the next seven years to boost the country's transition from army-led isolation to international player.

Shan Herald Agency for News

Shan Herald Agency for News


The long and winding road to peace

Posted: 09 Dec 2014 12:46 AM PST

One of the questions which never fails to come up when SHAN is on the road is that why the nationwide ceasefire agreement (NCA) negotiators are taking such a long time.



On each occasion, SHAN has done its best to explain what the problems are, also its best not to place the blame wholly on either side. One of the reasons, as said earlier, is our unfamiliarity to the one-text procedure.

Another of course is that, in the minds of negotiators, consciously or unconsciously, negotiation still means one party has to give in while the other emerges as the winner. As one of the characters in a newspaper comic says to another about give and take: It means you give and I take.

The result is as another cartoon reproduced here from one of the dailies.


It may therefore be a bit strange to younger people born in the age of win-win solutions. But if we look back to the days when-and how-most of the present leaders from both camps were brought up, there is nothing bizarre about their attitude.

Historical figures who used to be our role models were no different from many of them. Here are two quotes randomly picked from the internet:

To be prepared for war is one of the most effective means of preserving peace
A fleet of British ships of war are the best negotiators in Europe

You may or may not believe it. But the first one was attributed to George Washington and the second to Horatio Nelson.

Our leaders of course should be forgiven for being out of touch with the changing times, but it doesn't mean they should be allowed to repeat them.  Because at stake are not just themselves and their hard-won reputations, but peace and future of the in own people.

BURMA PEACE PROCESS: Looking for Mediators

Posted: 09 Dec 2014 12:32 AM PST

Looking for a suitable mediator could be a very challenging undertaking, especially when there are so many conflict parties and various differing aspirations, not compatible to each other. But nevertheless, we could simplify the conflict spectrum, to give us a clearer picture, if not the problems facing all of us.



To start with, Burma actually only have two conflict categories. One is the ethnic conflict, a vertical type of conflict between the military-dominated regimes and the assorted non-Burman ethnic nationalities; and the other, the political ideological conflict, or better, differing political aspirations of military-dominated rulers on one side and the oppressed Burman - although recently, since 2011, slightly improved media freedom and human rights situation are granted - plus militarily occupied non-Burman ethnic nationalities on the other. In other words, ethnic conflict, due to racial supremacy doctrine of the successive military-dominated regimes; and ideological conflict between military dictatorship and democratic aspirations.

When the SHAN editorial pointed out that the Single Text Negotiation procedure applied in the ongoing peace process, between the Union Solidarity and Development Party-Military (USDP-Military) regime and the Ethnic Armed Organizations (EAO) not producing result, due to position-oriented and not goal-oriented tendency on both sides of the conflict spectrum, it is again high time to look for able, neutral, trusted parties to act as mediators and perhaps, also act as facilitators.

The South African business sector's successful mediation to the decades old ethnic conflict in South Africa, due to its value orientation or desire to have a peaceful atmosphere for the overall development of the country, including business interest protection, Burma still needs to carefully think and decide, if placing trust to the business people wholeheartedly alone would be a wise option.

True, according to Myanmar Peace Monitor, a website run by the Burma News International, all Kachin Independence Organization (KIO) and Karen National Union (KNU) peace talks with the government have been mediated and facilitated by prominent businessmen who have vested interests in industrial or resource extraction in Burma.

Kachin businessman Yup Zau Hkawng of the Jadeland Company, who is heading a Peace Talk Creation Group along with other Kachin businessmen, Lamai Gum Ja, Hkapara Khun Awng and N'Shen Hsan Awng have been instrumental in brokering talks between the KIO and government. The Peace-Talk Creation Group (PCG) has arranged and provided financial assistance for the meetings. The group also has a 7 member official documentation team.

The Dawei Princess Company is involved in facilitating the peace process between the KNU and Burmese government. U Ko Ko Maung, the company director, and U Ngwe Soe, managing director, attended all of the peace meetings between the KNU and government. The Dawei Princess Company finances, organizes and even provides travel arrangements for the government peace delegation during the peace talks with the KNU. Karen News also reported that the company paid for the setup and operating costs of the KNU liaison office in Dawei (Tavoy) town. The Dawei Princess Company, also known as Hein Yadana Moe, is a sub-contractor for the $60B Dawei Special Economic Zone that is in part of the KNU's controlled area.

According to the Myanmar Peace Monitor, the current government peace committee is said to not want third parties involved at this stage of ceasefire talks. However several ethnic groups are insisting that foreign mediators are necessary in ensuring the government keeps to the terms of agreement.

The KIO and United Nationalities Federal Council (UNFC) have been keen to involve foreign mediators in the ongoing peace process, with also a faction, led by the KNU vice chairperson. Zipporah Sein, toeing the majority of the EAO. So far, the UNFC members have called for dialogue with the government as a group, but with international observers present as mediators. It has specifically called for the involvement of China and Japan, besides UN participation.

Three Styles of Mediation

A comprehensive piece on this specific subject titled, "International Peace Mediators and Codes of Conduct: An Analysis" outlined three mediation styles: facilitative mediation, evaluative mediation and transformative mediation.

Facilitative mediation is the original and basic understanding of what a mediation ought to be, which means impartial, neutral and only facilitating the conflict parties to work out their differences, without in any way influencing or directing the outcome.

Evaluative mediation is a style where mediator has a much greater level of participation, and interaction in the process to ensure that the disputing parties reach a settlement. Unlike facilitative mediation, where the mediator acts as an impartial third party whose role, in theory at least, is not to influence the mediation process or outcome in any way, evaluative mediation sees the mediator being more involved with the process and the outcome.
The main strategy of the evaluative mediator is to help the parties appreciate the relative strengths and weaknesses of their respective positions. These include persuading the parties to accept a settlement proposal, proposing "position-based compromise agreements", and trying to persuade the parties to accept the mediator's assessment of the merits of each party's claim

Transformative mediation approach is based on the idea that mediation has the "potential to generate transformative effects, and that these effects are highly valuable for the parties and for society." Transformative mediation stresses the concepts of empowerment and recognition. Empowerment refers to enabling the parties to understand the variety of options available to them and allowing them to realise that there are choices to be made and that they have control over which choices are made. Mediators also try and get each party to see things from the other party's perspective so that they may work towards changing their approach to the mediation process to accommodate the other party's perspective.

Stalled Peace Process and Third Party Mediation

The peace talks between the Nationwide Ceasefire Coordination Team (NCCT) and Union Peace-making Work Committee (UPWC) has stalled since they last met in September, in Rangoon. The following heightened armed engagements with the Shan State Progress Party/Shan State Army (SSPP/SSA), Ta-ang National Liberation Army (TNLA) and KIA in Shan and Kachin states; and recent shelling of KIA Laiza cadet school killing 23 and wounding some 20 trainees have further worsen the already bad, peace negotiation atmosphere.

The biggest obstacle in trying to materialize the Single Text Negotiation approach is not adhering to the prescribed guidelines and making use of it only in name, but not the principle. The glaring examples are: altering the already agreed terms and issues, time and again; and the lack of a third party mediator in the peace process. No wonder, after more than two years of negotiation, we are still reaching nowhere.

Thus, it becomes clear that the ceasefire talks, which is closely linked to political settlement, is back-sliding or completely stalled. And to overcome this obstacle, the only way to do is to accept the third party mediation, for the recent "self-help" negotiation initiative is going nowhere, as all could see. The government refusal, with the reason of settling internal disputes among adversaries, without outside help, for it is family business, also doesn't hold water, truth or logical argument, for the non-Burman ethnic nationalities see it quite differently. They consider the successive military-dominated regimes, including the present USDP-Military government, as a form of new colonialism entity, taking over the mantle of former British colonial master.

Choice of Mediators

Having said that, the third party mediation endorsed by the EAOs all along and steadfastly rejected by the government has first to be settled. And only if this hurdle is overcome, we will have to make a choice, on which type of mediators will be to mediate and facilitate the peace process.

Track One is traditional diplomatic activities; and Track Two, an unofficial, informal interaction between members of adversarial groups or nations with the goals of developing strategies, influencing public opinions and organizing human and material resources in ways that might help resolve the conflict.

Thinking aloud, the following are some possible actors that would come into question, as eligible mediators and facilitators.

Track One:
China, Japan, UN, EU, ASEAN

Track Two
Myanmar Peace Center (MPC) - Government affiliated
Ethnic Nationalities Affairs Center (ENAC) - EAO trusted
Euro-Burma Office (EBO) - EU funded, with close link to    MPC
Pyidaungsu Institute (PI) - EBO funded, with close links to KNU and Restoration Council of Shan State/Shan State Army (RCSS/SSA)

With the exception of MPC, all the others would fall into NGOs category, more or less. But the closeness of EBO and PI to MPC blurs the line of where their sympathy actually lies. And thus becoming problematic in soliciting the trust of all-embracing ethnic composition, which they are keen to represent.

Apart from such established and well-funded NGOs, many other Civilian Based Organizations (CBO), peace initiative groups, rights groups and environmental organizations from within the country will also come under track two mediator/facilitator category.

According to same scholarly analysis mentioned above:
A coordinated, multi-track approach is necessary to resolve modern multidimensional conflicts. Individuals and NGOs can bring conflicting parties together to facilitate communication, while states and international organisations can provide the political and economic incentives to work towards an agreement as well as post-conflict reconstruction and monitoring teams.

The general consensus indicates that NGOs and private individuals are inherently more impartial and neutral, as their main goal is to resolve the conflict. Small states are also more likely to act or be perceived to act impartially and often enter a mediation process with greater credibility.

Powerful states, on the other hand, tend to be motivated by self-interest and are therefore more likely to first of all become involved in the mediation process if it suits their own agenda and second of all, their self-interest may motivate them to try and shape the outcome of a mediation process to suit their own aims and objectives. Regional organisations are also more likely to be motivated by self-interest than non-state actors and are also more likely to influence the outcome of mediation and the content of the peace agreement. This approach negates their ability to act impartially. For example, the EU is rarely regarded as an impartial mediator, but rather as an actor with vested interests, especially in areas with close links to the EU – either geographically or historically, where former colonial history plays a role.

Of course, it is a hard choice to determine, which kind of track one and two combination will make an excellent mediation team. But if peace is the ultimate wish of the conflict parties, adjustment of values and norms, ethnic equality and liberal from of multi-party democracy should be able to flourish. Only political will is needed to make it happen.

The contributor is ex-General Secretary of the dormant Shan Democratic Union (SDU) — Editor