The Irrawaddy Magazine

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• Govt Declares State of Emergency, Martial Law in Kokang Region
• Kachin Man Accusing Army of Killing Daughter Found Guilty of Defamation
• Court Deems White Card Holders’ Vote Unconstitutional, Sends Law Back to Parliament
• Red Cross Convoy Ambushed Near Laukkai
• China Says Thousands Forced to Flee Fighting in Burma
• Southern Student Protests Disband, as Mandalay Marchers Press Ahead
• Civil Society, UEC Bridge Election Monitoring Differences
• Wa, Mongla Rebels Deny Involvement in Kokang Conflict
• Who Is Peng Jiasheng?
• Min Aung Hlaing’s Putsch
• Parliament Condemns Kokang Supporters in Northeast Burma
• In Rohingya Camp, Tensions Mount over Plan to Revoke ID Cards
• Malaysia’s Anwar Faces Health Risk in Prison Cell: Lawyers
• Under Xi, China’s Defense Budget Seen Defying Economic Slowdown
• Thai Students Are ‘Last Group Standing’ in Protesting Army Coup
• ‘They Realize They’re Stuck with Laws and Concepts That Are Dated’

Govt Declares State of Emergency, Martial Law in Kokang Region Posted: 17 Feb 2015 06:52 AM PST   Burma Army troops patrol in the town of Laukkai, capital of the Kokang Self-Administered Zone, on Tuesday. (Photo: JPaing / The Irrawaddy) RANGOON — The Burmese government announced a state of emergency and martial law in the Kokang Self-Administered Zone on Tuesday evening after a series of clashes between the Burma Army and armed Kokang rebels in the regional capital Laukkai. A statement signed by Burma's President Thein Sein said that despite a curfew imposed in the area since Feb. 12, a barrage of attacks by Kokang rebels had forced the government to announce a state of emergency in the region. In a separate announcement on the same day, the president announced martial law in the Kokang zone, granting administrative and judicial power to Burma Army commander in chief Min Aung Hlaing "for the speedy restoration of law and order in the region." "The military commander in chief shall practice those powers either by himself or allow another suitable military official instead," the statement said. Fighting in northeast Burma began on Feb. 9, and has killed at least 47 members of the Burma Army and 18 rebel troops. Thousands of refugees have fled across the border into China as a result of the hostilities. The post Govt Declares State of Emergency, Martial Law in Kokang Region appeared first on The Irrawaddy.

Kachin Man Accusing Army of Killing Daughter Found Guilty of Defamation Posted: 17 Feb 2015 06:38 AM PST Brang Shawng, pictured, was found guilty on Friday of defamation under Article 211 of the Penal Code. RANGOON — A court in northern Burma has found an ethnic Kachin man guilty of defamation, after he accused the Burma Army of killing his 14-year-old daughter. The verdict on Friday, from a court in Kachin State's Hpakant Township, ends a trial that has spanned nearly 12 months and dozens of hearings. The defendant Brang Shawng was fined 50,000 kyats (US$50) for defamation, opting to pay the monetary penalty instead of serving a six-month prison sentence. Brang Shawng wrote an open letter to President Thein Sein and lodged a complaint with the Myanmar National Human Rights Commission in September and October of 2012, respectively, seeking an investigation into the death of his daughter, Ja Seng Ing, who was killed on Sept. 13, 2012. Her father has said that she was shot dead by the Burma Army in an incident of indiscriminate fire in the Kachin State village of Sut Ngai Yang, while the Burma Army maintains that she succumbed to shrapnel wounds from an explosive device detonated by the Kachin Independence Army (KIA). The 49-year-old was found guilty of "falsely charging any person with having committed an offense, knowing that there is not just or lawful ground for such proceeding or charge against that person," under Section 211 of the Penal Code. The charge, brought by Maj. Zarni Min Pike, carries with it a maximum sentence of two years in prison. "I sincerely wanted to know the truth about the death of my daughter," Brang Shawng told The Irrawaddy on Tuesday. "I didn't intend to harm anyone. So, I requested that the president initiate a fact-finding [probe]." With no response from the government, a 10-member coalition calling itself the Ja Seng Ing Truth Finding Committee released a report in December 2014 detailing its own investigation into the killing, in which several witnesses provided testimony accusing Burma Army soldiers of shooting Ja Seng Ing. Two international human rights groups condemned the verdict on Tuesday, with Amnesty International calling the charge "politically motivated and solely in retaliation for his complaint against the Myanmar Army." "As such, his sentence should be overturned," Amnesty added. Fortify Rights, a Bangkok-based rights group that has been involved in efforts by the Ja Seng Ing Truth Finding Committee to get Brang Shawng acquitted, echoed calls for a reversal of the verdict. "The military commits abuses, controls the courts, and retaliates against those who speak out," Matthew Smith, executive director of Fortify Rights, told The Irrawaddy. "Ongoing impunity is one of the biggest obstacles to positive change in Myanmar. The international community should redouble support for efforts to ensure accountability at all levels." Friday's verdict comes as a more recent high-profile murder case in neighboring Shan State continues to unfold. Two Kachin schoolteachers were found brutally murdered in their shared dormitory in Kutkai Township, northern Shan State, on Jan. 20. Allegations of rape and Burma Army involvement in the killings have accompanied the investigation from the outset, and the military on Jan. 28 released a statement declaring its soldiers' innocence. The Burma Army said any accusation of a military role in the women's deaths would be met with legal action once the results of the probe were released. Brang Shawng said he is still weighing whether to appeal last week's verdict. "I think the mindset of the army is that nobody can do anything against them—no matter what you do, whether you're right or wrong. Nobody can blame them," he said. The post Kachin Man Accusing Army of Killing Daughter Found Guilty of Defamation appeared first on The Irrawaddy.

Court Deems White Card Holders’ Vote Unconstitutional, Sends Law Back to Parliament Posted: 17 Feb 2015 06:02 AM PST Lower House Speaker Shwe Mann arrives at the Parliament meeting room in Naypyidaw. (Photo: Reuters) RANGOON — Burma's Constitutional Tribunal informed Parliament on Monday that the articles of the recently passed Referendum Law that granted white card holders voting rights are in violation of the Constitution. Union Parliament Speaker Shwe Mann read out the Tribunal's verdict stating that "white card holders are ineligible to vote in a referendum on amendment[s] of [the] State Constitution," as it violated the charter's Article 4, Article 38(a) and Article 391, state media reported on Tuesday. According to Article 391, only those with citizenship can be granted voting rights, the verdict stated. The verdict of the Tribunal had become a moot point after President Thein Sein last week decided to backtrack on the implications of the Referendum Law he had sent to Parliament by issuing a directive that let all temporary identification cards expire per March 31. The decision automatically revoked the voting rights of the approximately 750,000 card holders, which for the most part comprise members of the stateless Rohingya Muslims in western Burma's Arakan State. An unknown number of ethnic Chinese, Kokang and Wa minorities are also white card holders. Before the president's directive was issued, opposition lawmakers of Arakanese and other ethnic parties, and the National League for Democracy asked the Tribunal to review the Referendum Law as they oppose enfranchising the holders of the cards, who are not granted citizenship rights under Burmese law. Although the verdict had lost much of its importance after the directive was issued, opposition lawmakers said they were pleased with the Tribunal's decision, which meant that the Referendum Law will have to be amended and again be put to a parliamentary vote. Khin Maung Swe, a lawmaker of National Democratic Force Party, said it would have been "non-sense if those who granted are citizens' [voting] rights are holding white cards—whether they are Muslims or Buddhists." The 1982 Citizenship Law disqualified the Rohingya from any citizenship claims they might have had—despite the fact that many have lived in Arakan State for generations—after which the government required them to take white cards instead. Despite their unclear status, the former military government granted the group voting rights and let members from Muslim-majority constituencies in Arakan State represent the ruling Union Solidarity and Development Party in Parliament. The government has said that its recent decision to let white cards expire will require the Rohingya population to undergo citizenship verification by local authorities. The process is obscured by a dearth of information, however, and has only been piloted for a brief period before running into opposition of the Arakanese community, which considers most of the Muslims in northern Arakan illegal immigrants from Bangladesh. Pe Than, a Lower House lawmaker with the Arakan National Party, said parliamentary discussions should now focus on how the citizenship verification process should take place. "It's important to examine accurately and fast according to the 1982 Citizenship Law—the government needs to do it with transparency," he said. The decision by Parliament is likely to anger the Muslim group, whose plight has rapidly worsened in recent years. Shwe Maung, a USDP lawmaker representing a Muslim-majority Buthidaung Township in Arakan State, expressed concern over the fact that the stateless Muslims would be without any legal documentation after the white cards expire. He said the verification process should be conducted in a fair manner before the holders are required to handover their cards on May 31. "Otherwise, they will be paperless human during identification process," Shwe Maung said. The international community has long criticized the government's treatment of the Rohingya and has called on Naypyidaw to grant them citizenship. A top US State Department official said last week that the government's decision to revoke the group's voting rights and cards was "counter reconciliation." The post Court Deems White Card Holders' Vote Unconstitutional, Sends Law Back to Parliament appeared first on The Irrawaddy.

Red Cross Convoy Ambushed Near Laukkai Posted: 17 Feb 2015 04:57 AM PST A convoy of the Myanmar Red Cross Society comes under fire by rebel troops near Laukkai, where insurgents are in conflict with the Burma Army. (Photo: JPaing / The Irrawaddy) A convoy of the Myanmar Red Cross Society came under fire by rebel troops on Tuesday as it was traveling near Laukkai, the administrative capital of Kokang Special Region 1, where insurgents have been in conflict with the Burma Army for more than a week. The convoy, which was carrying MRCS staff and at least two journalists, was attacked while driving between Laukkai and Chin Shwe Haw after an aid mission in the devastated township. The fleet of seven vehicles was transporting more than 100 displaced persons from Laukkai to Lashio. They were attacked around 2pm. One truck was struck by gunfire. The bullet came from atop a nearby hill to the vehicle's left, a witness said. The vehicles were clearly marked with MRCS insignia. Some of trucks in the convoy were blue, which the witness said indicated that they were not Burma Army vehicles as they are typically green. Two members of the convoy were injured during five minutes of fire. Both survived and were transported to Kunlong General Hospital for medical treatment after the convoy spent 30 minutes hiding in a street-side gutter, according to Irrawaddy photographer JPaing, who was traveling with the convoy. Prior to the attack, an army convoy headed to Laukkai clashed with Kokang rebels near Chin Shwe Haw. Since fighting began between the Burma Army and an ethnic rebel group called the Myanmar National Democratic Alliance Army (MNDAA) on Feb. 9, dozens have died and tens of thousands of civilians have been displaced, many spilling over the nearby border into Yunnan, China. This article was updated on Feb. 17, 2015, at 8:30 pm, to add new details and clarify that the injured were taken to Kunlong, not to Chin Shwe Haw as previously reported. The post Red Cross Convoy Ambushed Near Laukkai appeared first on The Irrawaddy.

China Says Thousands Forced to Flee Fighting in Burma Posted: 17 Feb 2015 04:42 AM PST The Burma Army is consolidating its presence in the Kokang capital of Laukkai, eastern Burma, on Feb. 17, 2015. (Photo: JPaing / The Irrawaddy) BEIJING — Thousands of people have been forced to flee Burma into the southwestern Chinese province of Yunnan following fighting between Burma's army and insurgents, the Chinese government said, repeating a call for restraint. The fighting and heavy casualties are a setback for Burma’s efforts to forge a nationwide ceasefire and end a patchwork of insurgencies that have bedeviled the coutry since shortly after its independence in 1948. The clashes in Shan State in the northeast between the army and a group called the Myanmar National Democratic Alliance Army (MNDAA) have alarmed China, which fears an influx of villagers fleeing violence and called this week for peace on the border. In a statement released late on Monday on an official provincial news website, the Yunnan government said that since Feb. 9 there had been more than 30,000 trips by border residents both into and out of China, implying multiple crossings by some people depending on how the fighting ebbs and flows. It was the first time the government had put a number on how many refugees it was having to deal with. Authorities are providing humanitarian assistance, but have also stepped up patrols to ensure the border is kept under control, the Yunnan government said. Chinese Foreign Ministry spokeswoman Hua Chunying on Tuesday repeated a call for a ceasefire. “We want to use this opportunity to once again call on all sides involved in the clashes in Myanmar [Burma] to exercise restraint and avoid the situation escalating further to ensure peace and stability of the border, and especially to avoid affecting security on the Chinese side,” she told reporters. The MNDAA was formerly part of the Communist Party of Burma, a powerful China-backed guerrilla force that battled the Burmese government until the group splintered in 1989. Fighting between the rebels and the army in 2009 pushed tens of thousands of refugees into southwestern China, angering the government in Beijing. The post China Says Thousands Forced to Flee Fighting in Burma appeared first on The Irrawaddy.

Southern Student Protests Disband, as Mandalay Marchers Press Ahead Posted: 17 Feb 2015 04:35 AM PST Student protesters from Mandalay arrive in Okpo, Bago Division on Sunday afternoon. (Photo: Sai Zaw / The Irrawaddy) RANGOON — Student demonstrations in the country's south have officially halted in anticipation of promised reforms to Burma's National Education Law, as the procession from Mandalay which inaugurated protest marches across the country last month have vowed to press ahead to Rangoon. Student groups from Dawei, Moulmein and Irrawaddy Division announced on Monday they would cease their activities and return home in anticipation of a revised education bill being submitted to the Union Parliament. Min Lwin Oo, a leadership committee member of the combined Dawei and Moulmein student groups, told The Irrawaddy on Monday that as the government has agreed to quadripartite talks and the drafting of a new education bill, protesters had decided not to continue their journey to Rangoon. "We will return to our homes tonight," he said. "We will explain our draft bill to the students of our hometowns and we will keep watching to see if the parliament approves our bill. If they don't, we will return to our protests even stronger than before." Kyaw Nanda, a student leader from the Irrawaddy Division protest groups, said that the column last week on the outskirts of Rangoon Division would return home by Wednesday. "We will not march to Rangoon," he said on Monday. "The public and our parents worry about us, so from today we will halt our protest and keep monitoring the situation in parliament. We will take the students who participated in the protests back to their parents." Leaders of the protests have partially attributed their decision to the release of two statements by Dr. Ashin Nyanissara, one of Burma's most revered monks. An open letter to the protesters told them to be proud of their successes and resume their studies to improve the future prospects of the country. "Students are the children of the country," a subsequent statement to the government read. "So, they are also the children of the government. Parents forgive their children, so the government should forgive the students, and agree as much as they can to their demands." On Sunday, student representatives and members of the National Network for Education Reform (NNER) finished drawing up an amended education bill at the Ministry of Education in Naypyidaw. According to Min Thwe Thit, a member of the Action Committee for Democratic Education and one of the members of the Mandalay march, the bill was submitted to Parliament Speaker Shwe Mann on Monday and will be discussed over the course of the parliamentary sitting week. The ambitious bill incorporates the 11 principal concerns of student protesters, broadly seeking to loosen government control over educational institutions and expand access to education. Specific provisions include the establishment of free middle school education, explicit allowance of independent student and teaching unions, a decentralized curriculum, and native language instruction in classrooms based in ethnic minority regions. Khine Maung Myint, a lawmaker and member of the Education Committee, said that the bill is likely to have a quick passage through parliament. "The amended bill will be discussed in each house. If there is no argument between the houses, it will be sent straight to the president to sign. If there are disagreements, the next joint session of parliament will debate the bill and then send it to the president," he said. Student protesters from Mandalay, on the march since Jan. 20, said they would continue their demonstration despite the government's concessions on education policy. "We continue to protest and we hope to arrive Rangoon next 10 days," said Min Thwe Thit. "There is the meeting between protesters tomorrow to determine their willingness to continue, but most of the students want to go on." The Mandalay demonstrators have now left Min Hla town and are on their way to the Bago Division township of Letpadan, having completed two-thirds of the 640-kilometer (400-mile). About 200 core protesters are now permanent members of the march, their ranks usually swelling above 700 as local residents join the procession to provide temporary escorts and protection through populated areas. The Ministry of Information announced on Friday night that "for the sake of the country's security, rule of law and to maintain regional peace," authorities would not allow protesters to enter Rangoon. "Actions in accordance with the law" would be taken if protesters pushed ahead with their plan to assemble in the commercial capital, the ministry said. The post Southern Student Protests Disband, as Mandalay Marchers Press Ahead appeared first on The Irrawaddy.

Civil Society, UEC Bridge Election Monitoring Differences Posted: 17 Feb 2015 04:14 AM PST People count votes in a ballot station during by-elections in Rangoon on April 1, 2012. (Photo: Reuters) RANGOON — Burma's Union Election Commission (UEC) has agreed to most of the amendments advocated by civil society organizations on a proposed code of conduct for monitors of this year's general election. "The UEC agreed to most of the points that CSOs demanded changes on and it is amazing that they agreed." Thant Zin Aung, project manager at Election Education Observation Partnerships (EEOP), told The Irrawaddy on Tuesday. A first UEC-written draft of the election monitoring rules was made available to civil society organizations in mid-December, and CSOs were given until mid-January to submit comments and suggestions for the commission. The UEC met with more than 50 local civil society groups and 11 international organizations in Rangoon on Monday to discuss the proposed revisions and finalize the document. At the meeting, UEC chairman Tin Aye reiterated a commitment to hold this year's elections by the end of October or early November. "We will try to hold free and fair elections as best we can, but an election is not a win-win situation, so the winner will say the election is fair but the loser will say it is not fair," he said on Monday. Thant Zin Aung said the UEC had agreed to change an important ambiguity in the previous draft that appeared to allow accreditation of election monitors no more than 15 days before the polls, after CSOs pointed out that monitoring activities generally start months ahead of Election Day. The amended provision allows for accreditation from the date that Election Day is announced, which will be at least three months prior to the vote. About two-thirds of the original code of conduct has been changed in line with the desires of CSOs, according to Ye Kyaw Swar Myint, executive director of the People's Alliance for Credible Elections. The UEC agreed to add specific criteria for election monitoring groups to meet for accreditation and laid out the procedure for appealing if an organization is rejected, both of which did not exist in the original draft. Ye Kyaw Swar Myint told The Irrawaddy that Article 6 of the rules, which originally didn't allow monitors to ask voters who they have voted for, had been nixed and replaced with a prohibition on asking such questions of voters "within 500 yards of a voting station." Another restriction preventing election monitors from reporting "winning candidates and related information" until after election results are officially announced by the UEC has also been struck from the code of conduct, he said, adding that an entire chapter titled "Prohibitions" was removed as well. CSOs had been concerned that "related information" could be construed to act as an effective gag on documentation of voting irregularities or other important election monitoring activities. Chapter 7, which originally required individual Burmese monitors to register their ethnicity in applying for accreditation, has been changed to require only an individual's national identification number. "The commission will send back the final version of the COC [code of conduct] and regulations for us within two weeks and we will check that it includes our agreed points," said Ye Kyaw Swar Myint, adding that the document was expected to be officially promulgated shortly thereafter. One suggestion that was not implemented was an EEPO request to allow any citizen to apply for election monitoring accreditation; only registered CSOs will be allowed to field monitors. Additional reporting by San Yamin Aung. The post Civil Society, UEC Bridge Election Monitoring Differences appeared first on The Irrawaddy.

Wa, Mongla Rebels Deny Involvement in Kokang Conflict Posted: 17 Feb 2015 04:02 AM PST The United Wa State Army on parade in this file photo. (Photo: SYCB) RANGOON — The powerful United Wa State Army (UWSA) and the Mongla rebel group in northern Burma have denied any involvement in ongoing heavy fighting between the Burma Army and ethnic Kokang rebels in Shan State. A Chinese-language joint statement, dated Feb. 12 and apparently bearing official seals of the United Wa State Party and Mongla Special Region 4, was circulated in recent days and states the groups are "deeply concerned" about the escalation in fighting between the army and the Kokang rebels since Feb. 9. "Special Region No. 3 (Wa State) and Special Region No. 4 (Mongla) are willing to do our utmost to facilitate peaceful negotiations between the two sides while maintaining our policy that 'we do not support the clashes and are not involved in clashes,'" the statement said. "Both sides are urged to put the interests of national people at the fore, and are to resolve the dispute through peaceful negotiation," the groups said. The Irrawaddy could not immediately verify the statement's authenticity. Heavy fighting has raged in northern Shan State's Kokang Special Region as the Burma Army fought with the 1,000-man strong Kokang rebels, also known as the Myanmar National Democratic Alliance Army (MNDAA), and its allies, the Ta'ang National Liberation Army and the Arakan Army, at more than a dozen sites. The Kokang Region borders the Wa's Special Region 3 to the east, which is located adjacent to Special Region 4 of the much smaller Mongla group (also known as the National Democracy Alliance Army) further east. Army reinforcements streamed in last week as helicopter gunships and fighter jets launched airstrikes on rebel positions in the mountainous region. Government forces were able to retake control of Laukkai, the largest town in the Kokang area, where army and police stations have come under heavy rebel attack. Dozens of casualties were reported on both sides and tens of thousands of civilians have fled into China or south to central Burma, according to state media reports. The Kachin Independence Army has cooperated with the MNDAA, while some Burma experts, such as veteran journalist Bertil Lintner, have said they believe that the UWSA are supplying the warring rebel groups with arms and ammunition. Burma's Commander-in-Chief Min Aung Hlaing, in a Union Day speech last week, accused unnamed ethnic armed groups of "being involved in the fight of Kokang renegade troops," adding that "They have to take responsibility for it." Burma's nationwide ceasefire process faltered in recent months and fighting with three non-ceasefire groups, the KIA, TNLA and MNDAA, has intensified. The Kokang, Wa and Mongla are ethnic groups located along the Burma-China border that have strong cultural and business links with China. Their armed groups belonged to the Communist Party of Burma until its demise in 1989, when it fell apart into separate ethnic armed groups that cut ceasefire deals with the then-military regime that granted them a degree of autonomy. Kokang leader Peng Jiasheng, who is leading the fight against the Burma Army, is the father-in-law of Mongla group leader Sai Lin. The Wa, which have long been accused of large-scale illegal drug trade and gun-running, have emerged as the most powerful rebel army in Burma with an estimated 20,000 fighters and sophisticated Chinese weaponry, including armored personnel carriers, surface-to-air missiles and possibly helicopters. The UWSA has had a ceasefire with the government in past decades, but the issue of autonomy for the Wa region has yet be resolved. The Kokang ceasefire lasted from 1989 until August 2009, when a Burma Army offensive took the Kokang region without firing a shot and raided the properties of MNDAA leader Peng Jiasheng, replacing him with his Kokang rival Bai Souqian. At the time, Peng Jiasheng was believed to have fled to Wa territory with several hundred men. Additional reporting by Thet Ko Ko. The post Wa, Mongla Rebels Deny Involvement in Kokang Conflict appeared first on The Irrawaddy.

Who Is Peng Jiasheng? Posted: 17 Feb 2015 03:52 AM PST Kokang leader Peng Jiasheng poses for a photograph with Kokang children at a local festival on February 3. (Photo: www. kokang.net) As heavy fighting rages in the Kokang Special Region in northern Shan State, this 2009 article from The Irrawaddy archive explores who is Peng Jiasheng, the aging Kokang rebel leader of Myanmar National Democratic Alliance Army (MNDDA), his background and ties to the defunct Communist Party of Burma and illicit drug trade.  A Kokang Chinese, he was born in 1931 in Hong Seu Htoo village in Kokang territory and served in the Kokang Revolutionary Force in 1960s. He was always in touch with members of the Communist Party of Burma who were active along the China-Burma border. Peng Jiasheng also spent time in Beijing and upon his return and he entered Kokang territory in January 1968 as a commander of the Kokang People's Liberation Army, a group that officially merged with the Burmese communists. He was first involved in the heroin and drug trade during the 1970s. In 1989, Peng Jiasheng took a bold step and his group led a mutiny within the CPB and formed a Kokang armed group known as the Myanmar National Democratic Alliance Army (MNDDA). Three years later, Peng Jiasheng group was outmaneuvered by the Yang clan, Yang Molian and Yang Muxian, two Kokang Chinese brothers who supported the CPB. Yang Muxian was executed in Kunming in 1994 on drug trafficking charges. In later years, Peng Jiasheng and the Yang group joined forces. The drug lord, Lo Hsing-han, who is a Kokang-Chinese, was arrested in 1973 in Thailand and deported to Burma, where he received a death sentence in 1976. He was released during an amnesty in 1980. Settled in Rangoon, Lo Hsing-han or as the "Godfather of Heroin" and his son Tun Myint Naing (a.k.a Steven Law) set up Asia World Company—a company involved in the construction of homes and hotels, Rangoon port development and highway construction. Both father and son are now on the US sanction list. He is one of the wealthiest persons in Burma and Asia World is largest conglomerate in Burma – several international organizations including European Commission rented one of its buildings known as Hledan Centre in Rangoon. In any case, by 1989 Peng Jiasheng and his brother Peng Jiafu had reunited with Asia's renowned former drug trafficker Lo Hsing-han, who acted as a go-between for the regime to negotiate with CPB mutineers. Lo Hsing-han died in Rangoon two years ago. Since Peng Jiasheng reached a ceasefire deal with then military regime, the Kokang leader was often seen meeting with senior military leaders and visiting UN officials. In the international press, Peng Jiasheng, like Wa leaders, was described as one of Burma's most prominent drug traffickers and is widely linked to Chinese criminal gangs. However, the regime in Burma has protected him and all other drug traffickers. He even attended the regime's National Convention in early 1990s and he was known to be close to former intelligence chief Gen Khin Nyunt's notorious intelligence units. Thus, his drug business and money-laundering scheme were protected. Over the years, this meant the illegal drug business boomed, and Peng Jiasheng, Peng Jiafu and Lo Hsing-han controlled a large amount of the illegal drug trade, enjoying their new status as government-recognized militia commanders. Journalist Bertil Lintner, who has written several books on Burmese drug trafficking and the ethnic insurgency, notes that under the blanket amnesty, Peng and other Wa and Kokang Chinese leaders were involved in laundering drug money into the local economy. The Peace Myanmar Group, one of the companies on the US sanction list, is connected to the Yang clan in Kokang. It is believed that Peng Jiasheng has invested money through many Kokang channels into businesses in Burma and China. In April 2009, a report "Burma and Transactional Crime" by the US Congressional Research Service stated that the regime has reportedly allowed and encouraged traffickers to invest in an array of domestic businesses, including infrastructure and transportation enterprises, receiving start-up fees and taxes from these enterprises in the process. The report said, "The traffickers usually deposit the earnings from these enterprises into banks controlled by the military, and military officers reportedly deposit much of their crime-related money in foreign bank accounts in places like Bangkok and Singapore. "In 2003, the Secretary of the Treasury reported that some Burmese financial institutions were controlled by, or used to facilitate money laundering for, organized drug trafficking organizations The report said that though there is little direct evidence of top-level regime members' involvement in drug trafficking related corruption, "There is evidence that high-level officials and Burmese military officers have benefited financially from the earnings of transnational crime organizations. In the case of the drug trade, reports indicate Burmese military officials at various levels have several means to gain substantial shares of narcotics trafficking earnings." But in 2009, Burmese armed forces (Khin Nyunt was then under house arrest) attacked his base in Laogai to clampdown his arms factory and ongoing drug business. Behind the attack, it was believed that Peng Jiasheng refused to accept the regime's Border Guards Force proposal. He then fled to Wa territory and regrouped his people. It is believed that he received ammunition and support from Wa rebels in recent attack. The post Who Is Peng Jiasheng? appeared first on The Irrawaddy.

Min Aung Hlaing’s Putsch Posted: 17 Feb 2015 03:09 AM PST Burma military Commander-in-Chief Snr-Gen Min Aung Hlaing, second from left, in Lashio over the weekend. (Photo: JPaing / The Irrawaddy) Was it an intelligence failure? That's what many Burmese were asking when they heard the news that 47 Burmese soldiers had been killed in recent clashes with ethnic minority insurgents near the border with China. And many thought that it was. The conflict erupted just as the country was celebrating Union Day, causing serious setbacks to a tenuous and ongoing peace process that was geared toward achieving a nationwide ceasefire agreement between the government and an array of armed insurgent groups. According to the government's narrative, the Burma Army mobilized troops and employed air power to quell an offensive led by ethnic Kokang rebels in an autonomous zone in Shan State, forcing civilians to flee into China and to other parts of the state. Last week, China urged the Burmese government and the Kokang rebels to resolve the dispute peacefully so that refugees who had fled across their borders could return home. In fact, trouble had been brewing for weeks, and ethnic leaders had already forewarned that tensions were on the rise and fighting could break out at any time. Despite the complaints from Chinese authorities, it is unlikely that the two sides will sit down and resolve the conflict by peaceful means; the Burma Army received both support and sympathy when news of heavy casualties spread across Burma and throughout social media. When Snr-Gen Min Aung Hlaing paid a visit to displaced persons in Lashio, Shan State, on Sunday, he was warmly welcomed. Social media, however, revealed some mixed reactions to his appearance and the message he sent along the way: The commander-in-chief made a point of telling people that the army will not give in and is prepared to fight. He behaved almost as though he was gearing up for an election campaign! Some even interpreted his remarks to mean that Burma would defend its sovereignty by driving out foreign ethnic nationals, specifically the ethnic Kokang Chinese. The Kokang are a Han Chinese group, and generally speak the local Mandarin language. They maintain a force of armed soldiers known as the Myanmar National Democratic Alliance Army (MNDAA), led by 85-year-old Peng Jiasheng, who is believed to be hiding in Chinese or nearby Wa territory. MNDAA is part of United Nationalities Federal Council (UNFC), an ethnic alliance group engaged in ceasefire talks with Burmese government. Many speculate that the aging leader has been waiting to take revenge on the Burma Army for a devastating blow in 2009, when Min Aung Hlaing led an offensive in the zone's principal city, Laukkai, in search of illegal arms and drugs. Peng Jiasheng has since been a fugitive, hiding from the military. State media declared that he could not outrun "the rule of law," recommending his immediate surrender. He clearly wasn't listening. Aung Zaw is the founding editor-in-chief of The Irrawaddy. In any case, the Burmese generals and the government did not believe that the Kokang acted alone in this month's incident, suspecting that the powerful Wa Army and other ethnic groups were assisting them with ammunition and logistical support. Some ethnic armed groups have admitted their support, while several others have distanced themselves from the conflict. On Union Day, Feb. 12, Min Aung Hlaing met with several ethnic representatives in Naypyidaw, imploring them as citizens to maintain their Myanmar identity. It was as if he were suggesting that some other ethnic groups were foreigners. Some observers interpreted the message as being directed at the Wa, one of the groups represented at the meeting. Min Aung Hlaing is no stranger to conflict along the Burma-China border. In the early 2000's, he served as head of the Triangle Command, overseeing relations between the Burma Army and two armed ethnic groups: the United Wa State Army (UWSA) and the National Democratic Alliance Army (NDAA). He has known them well since then. Later on in that same decade, Min Aung Hlaing was chief of Special Operations 2, overseeing Shan and Karenni states. In 2009 he led an offensive against the Kokang army, forcing some 37,000 civilians to flee to China. The surprise offensive undoubtedly strained relations between the two countries, particularly as the Kokang are ethnically Chinese. Beijing warned the junta at the time that it had better "properly handle domestic problems and maintain stability on the China-Myanmar border." A headline in The New York Times boldly bore the message: "Myanmar Army Routs Ethnic Chinese Rebels in the North." While international views on the incident were, for the most part, cohesive, at home there were other views. Min Aung Hlaing rose to prominence in 2009, subsequently rising to the become commander-in-chief of the armed forces. After Burma's political opening began, Min Aung Hlaing made his first visit to Vietnam, a country engaged in an increasingly acrimonious territorial dispute with China. The visit was premised on the signing of a memorandum of understanding related to bilateral defense. The fact that he made this his first international visit since replacing Snr-Gen Than Shwe as head of the armed forces was viewed by many as a slap in the face to Beijing. A subsequent series of meetings with US officials did little to help their relationship, as well. For the first time since the United States began limited re-engagement with the Burma Army, a high-ranking US military official—Lt-Gen Anthony Crutchfield—addressed his Burmese counterparts at the Myanmar National Defense College in Naypyidaw, where colonels and other high-ranking officials are trained. Crutchfield, deputy commander of the US Pacific Command, spoke at length of human rights and the need for civilian control of the military. While Burma's new friendships may not have been intended to provoke China, it seems that Min Aung Hlaing is making an effort to gain Beijing's cooperation. When he finally did visit his neighbor to meet with then-Vice President Xi Jinping, it was widely believed that the Burma Army was seeking a particular kind of cooperation: handling armed rebels near the Burma-China border. The relationship continued, shrouded as ever in mystery, when Min Aung Hlaing received China's Special Envoy Wang Ying Fan in Naypyidaw on Feb. 5, days before violence erupted. The clashes that occurred over the past week hardly seem like a coincidence. More likely, it seems, the general had long seen it coming. The post Min Aung Hlaing's Putsch appeared first on The Irrawaddy.

Parliament Condemns Kokang Supporters in Northeast Burma Posted: 17 Feb 2015 03:00 AM PST Many shops were shuttered in the town of Laukkai following fighting between government troops and Kokang rebels. (Photo: JPaing / The Irrawaddy) RANGOON — Burma's Union Parliament has slammed backers of ethnic Kokang insurgents engaged in recent hostilities with the government, while praising the Burma Army soldiers who have been on the frontline in the campaign against the rebel group. Lower House lawmaker Stephen from Shan State's Kengtung constituency submitted an urgent proposal to Parliament on Monday, asking the legislature to denounce any individuals or groups that have attacked or supported the attacks on military installations in Laukkai Township, where fighting first flared on Feb. 9. The resolution, which was passed without objection, also honored "the military men shouldering responsibility for national security," he said. "The offensive is unacceptable while the president is proposing for peace. That's why I submitted the proposal, which was supported by everyone," Stephen told The Irrawaddy. Brig-Gen Tint Hsan, a military parliamentarian who took to the floor in favor of the proposal, said the military would take a zero-tolerance approach to what it considered to be an assault on state sovereignty by the Kokang group, known as the Myanmar National Democratic Alliance Army (MNDAA). Commander in chief Snr-Gen Min Aung Hlaing has warned that ethnic armed groups supporting the MNDAA's fight against Burma Army troops in the Kokang region would be held to account for their actions. Fighting is ongoing in the Kokang Self-Administered Zone of northern Shan State, with skirmishes reported in the town of Laukkai and its outskirts. A handful of other ethnic armed groups, including the Ta'ang National Liberation Army (TNLA), are allied with the Kokang rebels, who are led by Peng Jiasheng. Lt-Col Ta Ai Ao of the TNLA told The Irrawaddy: "We are helping our comrades as a revolutionary force. I heard that the Restoration Council of Shan State/Shan State Army [RCSS/SSA], Kachin Independence Army [KIA] and Arakan Army are assisting [Kokang troops]." According to the government, from Feb. 9-12, five officers and 42 soldiers were killed and 11 officers and 62 soldiers were wounded in 13 clashes with Kokang rebels. Casualties on the Kokang side are unknown, but state media on Monday reported that the Burma Army had killed 18 rebel soldiers. The government has used aerial strikes as well as ground offensives in its counterinsurgency operations. The post Parliament Condemns Kokang Supporters in Northeast Burma appeared first on The Irrawaddy.

In Rohingya Camp, Tensions Mount over Plan to Revoke ID Cards Posted: 16 Feb 2015 10:13 PM PST Thousands of Arakanese Buddhists protest against allowing white card holders to vote in the upcoming general elections, in Sittwe February 15, 2015. (Photo: Reuters) THAE CHAUNG, Arakan State — Burma's decision to revoke temporary identification cards for minorities is raising tensions among its 1.1 million Rohingya Muslims, who have effectively been disenfranchised just days after parliament approved a law affirming their right to vote in a referendum. Last week, the government of the Buddhist-majority nation announced that the temporary identification, known as white cards, would be revoked on May 31. The people who hold them are mostly Rohingya, a much resented minority in Burma, where many people consider them illegal immigrants from Bangladesh. In Thae Chaung, a squalid fishing village in western Burma that has become a settlement for thousands of Rohingya, the decision was still to fully sink in, but was being met with a mixture of defiance, mistrust and resignation. "If the government wants to take my white card, what can I do?" said Minara, 23, a housewife who gave only one name. "I'll just have to give it to them." Mohammad Ayub, 28, said he would only surrender his white card if granted the same citizenship rights enjoyed by "all other ethnic minorities." He doubted this would ever happen. "I don't trust the government," said Ayub, who like many men in Thae Chaung is jobless. The village is a 15-minute drive from Sittwe, the capital of Arakan State, where most of the country's Rohingya live. Violence between Rohingya and ethnic Arakanese Buddhists in 2012 killed at least 200 people and made 140,000 homeless, mostly Rohingya. Experts warned the hostility to the government plan could result in renewed violence. "It is unlikely that white card holders in displacement camps will give these up voluntarily when it is not clear whether they will get any form of ID in return," said Richard Horsey, a Rangoon-based independent political analyst. "Any attempts to enforce the order to surrender the cards could spark violence," he said. As well as the right to vote, white cards also entitle Rohingya to health and education services, but with certain restraints: their movements are severely restricted, and white card holders are barred from civil service jobs and some degree courses. It also represents the link to political life for Burma's minorities. The country's Parliament voted earlier in the month to grant white card holders the vote in a possible constitutional referendum, paving the way for their participation in a general election later this year. But Buddhists protested against the plan in Rangoon, the biggest city in Burma, arguing many of the white-card holders were illegal aliens. Shortly after the protest, the government announced it would revoke the white cards. 'Incendiary' Another 400,000 people outside of Arakan State, mostly of Chinese and Indian descent, also hold white cards. The government said on Feb. 11 the cards will be revoked in a "fair and transparent manner" by local officials, but didn't explain what would replace them. A pilot project to verify the citizenship of Rohingya and other Muslims has foundered on Arakanese objections and the government's insistence that Rohingya identify themselves as "Bengali." Rohingya reject the term because it suggests they are illegal migrants from neighboring Bangladesh, when many have lived in Burma for generations. Few Rohingya are Burmese citizens, but most carry white cards, officially known as "temporary registration certificates." This enabled them to vote in a 2010 general election, which was rigged by the military junta which then ruled Burma. The Rohingya currently have five representatives in the national and state legislatures. Disenfranchising white card holders in Arakan State could be "incendiary," the Brussels-based think tank Crisis Group warned in an Oct. 2014 report. "It would be hard for [Rohingya] to avoid the conclusion that politics had failed them, which could prompt civil disobedience or even organized violence," said the report. Arakanese Buddhists also mistrust the government. On Sunday, they staged a large protest in Sittwe, a city purged of its sizable Rohingya population after the 2012 violence. Led by hundreds of Buddhist monks, the crowd waved placards reading "Never accept white card" and shouted "Anyone who allows foreigners to vote is our enemy." Thar Htun Oo, 75, a retired businessman who joined the protest, said he still didn't believe white cards would be revoked. "The government is lying," he said. Another protester, Saw Thein Mya, 55, believed Rohingya might lose their cards but somehow retain voting rights. "That's why were protesting today," she said. "We can't depend on the government." The post In Rohingya Camp, Tensions Mount over Plan to Revoke ID Cards appeared first on The Irrawaddy.

Malaysia’s Anwar Faces Health Risk in Prison Cell: Lawyers Posted: 16 Feb 2015 10:06 PM PST Malaysia’s opposition leader Anwar Ibrahim talks to his supporters in Jan. 2012. (Photo: Bazuki Muhammad / Reuters) KUALA LUMPUR — Less than a week after Malaysian opposition leader Anwar Ibrahim was jailed for sodomy, his lawyers said Monday that he faces a health risk because he’s living in a bare cell with just a 2-inch-thick foam mattress on the floor, a bucket for bathing and a squat toilet. Anwar, 67, began a five-year prison sentence last Tuesday after Malaysia’s top court turned down his final appeal, ruling there was overwhelming evidence that he had sodomized a former male aide. The case was widely seen as politically motivated to eliminate any threats to the ruling coalition, whose popularity has been eroding after more than five decades of unquestioned dominance. The lawyers said the prison conditions were aggravating Anwar’s longtime back and spine problems, which could "pose a grave threat to his health." Because of his medical condition, his lawyers requested a bed with a medically suitable mattress, a chair and table, a shower and a proper toilet for Anwar. Anwar cannot bend over or stand up from sitting on the floor without pain, they said. "His conditions must be immediately improved before there are serious consequences to his health," the lawyers—N. Surendran, Latheefah Koya and Sivarasa Rasiah—said in a statement. "The government is fully responsible for prisoner of conscience Anwar Ibrahim's safety and health while he remains in custody." Home ministry officials could not immediately be reached for comment. Anwar has been the most vocal and visible symbol of the opposition’s resurgence and is seen as the most potent political threat to the government. He was accused of sodomizing a former lowly aide, then 23, in 2008. Homosexuality is a crime in Muslim-majority Malaysia punishable by up to 20 years in prison and by whipping, although prosecutions are rare. It was the second time Anwar was jailed for sodomy in just over a decade. He previously was imprisoned for six years after being ousted as deputy prime minister in 1998 on earlier charges of sodomizing his former family driver and abusing his power. He was freed in 2004 after the top court quashed that sodomy conviction. Anwar led his alliance to unprecedented gains in 2008 elections and made further inroads in 2013 polls. The ruling National Front coalition won with a slimmer majority and lost the popular vote to the opposition. The post Malaysia's Anwar Faces Health Risk in Prison Cell: Lawyers appeared first on The Irrawaddy.

Under Xi, China’s Defense Budget Seen Defying Economic Slowdown Posted: 16 Feb 2015 09:56 PM PST Chinese navy sailors wave as Chinese naval missile frigate Yueyang departs for the Rim of the Pacific exercise (RIMPAC), at a military port in Sanya, Hainan province June 9, 2014. (Photo: Reuters) BEIJING — President Xi Jinping is expected to authorize robust defense spending for this year despite China’s slowing economy, determined to strengthen the country’s armed capabilities amid growing unease in Beijing at Washington’s renewed focus on Asia. While China keeps the details of its military spending secret, experts said additional funding would likely go toward beefing up the navy with anti-submarine ships and developing more aircraft carriers beyond the sole vessel in operation. The military budget will be announced at the start of the annual meeting of China’s parliament on March 5. Last year, defense spending rose 12.2 percent to $130 billion, second only to the United States. That continued a nearly unbroken two-decade run of double-digit budget increases, although many experts think China’s real defense outlays are much larger. China’s leaders have routinely sought to justify the country’s military modernization by linking defense spending to rapid GDP growth. But growth of 7.4 percent last year was the slowest in 24 years, and a further slowdown to around 7 percent is expected in 2015. Other factors would now keep defense spending high, from the U.S. military and diplomatic "rebalancing" to Asia to Xi’s crackdown on corruption in the People’s Liberation Army, which has caused some disquiet in the ranks, military experts said. "Xi has put a premium on the ‘dream of a strong military’ as part of his grand strategy for China’s rise, perhaps more than any other modern [Chinese] leader," said Zhang Baohui, a security specialist at Hong Kong’s Lingnan University. "This greater emphasis on the military is very significant." Indeed, troops are rehearsing for a major parade in September where the PLA is expected to unveil new homegrown weapons in the first of a series of public displays of military might planned during Xi’s tenure, sources have told Reuters. US Alliances Rankle At the forefront of the minds of China’s strategic military planners is the U.S. rebalancing, which among other things calls for 60 percent of U.S. warships to be based in the Asia Pacific by 2020, up from about 50 percent. "The adjustment in the U.S. strategy towards the Asia Pacific has brought enormous external pressures to bear on China," said a recent commentary by the Study Times paper, published by the Central Party School, which trains rising officials. It pointed in particular to U.S. efforts to bolster alliances with countries such as Japan and the Philippines. China is involved in bitter disputes over sea boundaries with both nations, as well as Vietnam, which has sought to strengthen ties with Washington. "Higher Chinese spending, coupled with increasingly aggressive actions and assertive language, is likely to further push countries into the U.S. nominal embrace," said Richard Bitzinger, a military analyst at the S. Rajaratnam School of International Studies in Singapore. Many Asian countries are also getting out their chequebooks. Japan approved a record $42 billion military budget last month. India boosted defense spending by 12 percent for 2014-15 to $38.35 billion and military expenditure is seen rising to $40 billion in Southeast Asia in 2016. While Chinese leaders would be aware of the regional optics of announcing a big budget for the 2.3-million strong PLA at a time of lower projected fiscal revenue growth, diplomats said they believed Xi wants to also placate military leaders and ordinary soldiers feeling the heat from an anti-graft campaign. China’s top military decision-making body, the Central Military Commission, which Xi chairs, has investigated several generals as part of a scandal into the selling of PLA positions. It has also targeted the second artillery corps, which controls China’s nuclear missiles, as well as the navy and the air force. "It is inconceivable Xi could make cuts now given the enemies he’s got internally," one Western diplomat said, speaking on condition of anonymity. Money for Anti-Sub Ships, Drones Despite the massive sums spent over the past two decades, a recent report by the U.S.-based RAND Corp think tank said the PLA suffered from potentially serious weaknesses that could limit its ability to win future wars. The report, commissioned by a U.S. Congressional committee, said China faced shortcomings stemming from outdated command structures, quality of personnel and corruption, as well as weakness in combat capabilities such as anti-submarine warfare. Aware of some of these gaps, experts said the PLA would continue strengthening its naval presence in the Indian Ocean and South China Sea, a region dominated by the United States and its allies, and through which four-fifths of China’s oil imports pass. "The navy is still seriously lagging behind in anti-submarine capabilities," said a military expert at a Chinese government think tank who declined to be identified. Rory Medcalf, head of the National Security College at the Australian National University, said he expected more funding for military drones and maritime surveillance aircraft. "Pro-defense spending actors within China can easily say China is expanding its global role to justify spending on submarines, amphibious ships and aircraft carriers," he said. The post Under Xi, China’s Defense Budget Seen Defying Economic Slowdown appeared first on The Irrawaddy.

Thai Students Are ‘Last Group Standing’ in Protesting Army Coup Posted: 16 Feb 2015 08:54 PM PST Thai student activists, Than Rittiphan, 22, left, and Songtham Kaewpanpruek, 24, pose for photographs after an interview with Reuters in Bangkok on Feb. 16, 2015. (Photo: Reuters) BANGKOK — Thai student protesters billing themselves as the "last group standing" in seeking to end military rule said on Monday they would openly defy what one leader called a tyrannical regime nine months after the army seized power. Members of the Thai Student Center for Democracy (TSCD), who come from different political and socioeconomic backgrounds, present a quandary for the junta, which has branded public protests illegal but wants to maintain its core support, including from Bangkok's middle class and business elite. Some of the students support the "red shirt" grassroots movement of ousted Prime Minister Yingluck Shinawatra, but others sympathize with the establishment that makes up the bulk of the junta's support. A resurgence of public protests could prove destabilizing for the military rulers, already struggling with economic mismanagement. The army says it wants to negotiate with the students, but at the weekend detained several for holding a public meeting. "A sure way the junta can mess up is if it slips up on the economy, which impacts the people directly," Jurin Laksanawisit, a member of the conservative Democrat Party, Thailand's oldest political party, told Reuters. TSCD members say they are prepared to go to jail to see Southeast Asia's second-largest economy return to democratic rule. "We are the last group standing," group member Than Rittiphan, 22, told Reuters. Thailand has been polarized for over a decade. On the one side is ousted former Prime Minister Thaksin Shinawatra and his powerful political family who courted rural voters by introducing cash subsidies and free health care. On the other are the traditional Bangkok elite threatened by his meteoric rise. The May coup ended months of street protests aimed at bringing down Thaksin's sister, Yingluck. She was removed from office days before the power grab after a court found her guilty of abuse of power. Critics of the coup, including the pro-Yingluck "red shirt" leaders, have largely gone to ground. But despite strict army surveillance, more than 60 students have been at the forefront of every public protest since the coup. All were broken up by authorities and dozens of students detained and later released. The students say growing disgruntlement over the economy means Thailand is ripe for a new wave of protest. The country, highly reliant on tourism, is struggling to regain traction following the coup. It saw 0.7 percent growth in 2014, the weakest since devastating floods in 2011. "People are starting to get sick of this tyrannical regime, especially how they manage the economy," Than told Reuters. Than, who dropped out of university, said the students have "hundreds" of supporters but that many are afraid to speak out. The junta, formally known as the National Council for Peace and Order, said it wants to negotiate with the students. "We will use negotiation, but if they persist with their activities we will have to hand them over to police," junta spokesman Winthai Suvaree told Reuters. On Saturday, dozens of student activists held a rare demonstration in Bangkok and set up mock voting tables—a protest against the military government, which has pushed back an election planned for this year to 2016. Four activists, including Siriwit Serithiwat, a student at Bangkok's Thammasat University, were detained. Siriwit was accused of violating martial law, which prohibits public gatherings of more than five people, and of violating the conditions of a document he was forced to sign last year promising not to participate in political activities. He was released from nearly 12 hours in police custody and had to pay bail of 40,000 baht (US$1,230). He is expected to face trial in a military court. Student Songtham Kaewpanpruek likened the current wave of activism to a 1973 uprising and 1976 army crackdown on a left-wing student protest amid lynchings, beatings and shootings. Officially, at least 46 protesters died, pulling the country back to years of military rule. Songtham's aunt and uncle were student activists at Thammasat University, a hotbed of political activity in the 1970s. "We're taking the baton from the generation of '76," said Songtham, who said he had not slept at home in weeks to avoid the army knowing his whereabouts. "There are some teachers supporting us but because of martial law, many aren't able to reveal their identity." The post Thai Students Are 'Last Group Standing' in Protesting Army Coup appeared first on The Irrawaddy.

‘They Realize They’re Stuck with Laws and Concepts That Are Dated’ Posted: 16 Feb 2015 04:00 PM PST Peter N. Fowler, US Regional Intellectual Property Attaché for Southeast Asia. (Photo: Nyein Nyein / The Irrawaddy) A set of intellectual property (IP) laws, covering patent, copyright and trademark protections, is slated to go before Burma's parliament by mid-2015. The legislation, currently being drafted by Burma's Ministry of Science and Technology, is expected to bring Burma into line with its obligations under the World Trade Organization's Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and provide a potential boost to foreign investment. The country's current IP legal framework is largely non-existent, or derived from vague, colonial-era regulations. Peter N. Fowler is the Regional Intellectual Property Attaché for Southeast Asia, based within the US Foreign Commercial Service at the US Embassy in Bangkok, Thailand. He spoke with The Irrawaddy on the challenges of establishing an effective IP regime in Burma, the potential domestic benefits of such laws and the role of patents in the drug industry. Question: Do you have an update on the IP laws currently being drafted by the Ministry of Science and Technology? Answer: In mid-January… the word from the Minister of Science and Technology was that the draft IP laws have now left the attorney-general's chambers and gone back to the ministry for some fine-tuning. [The minister] said he would like to be able to submit [the draft laws] to the cabinet by the end of February at the latest. He hopes that the laws will be introduced to the Parliament so that they can be considered in the June session. Q: What are the challenges to establishing an effective IP regime in Burma? A: As soon as the laws are in place, the first biggest challenge is creating a workable, efficient, responsive national IP office. Burma is the only country in Asean that doesn't have a national IP office. So people can start filing applications and can start seeking protection for their patents, designs and trademarks. But you can't do that overnight. I suspect that it will take a year to a year and a half to get a functioning, fully responsive office up and running. The next challenge is putting into place a more integrated, comprehensive enforcement system for IP. There are a lot of players involved: the courts, the attorney general's chambers, the prosecutors, the police, and customs. It's a big challenge because all of those organizations…have no real experience with IP. We've done some educational seminars and trainings with the [High Court] and other district court judges so far and they're very eager to learn about intellectual property. But they realize they're still stuck with laws and IP concepts that are dated. Q: Are there any regional examples that Burma should follow in terms of effective IP regimes? A: I think several actually. The Philippines has developed a very good, integrated enforcement system. They have done a very good job in integrating their enforcement agencies, from investigation to police to customs, so that they work together. Q: What has been the US role in helping to develop an IP regime in Burma? A: We've offered our assistance in creating an IP office. We've offered IT expertise to help them set up systems. We've offered a lot of assistance on copyright and enforcement protection and judicial education. The US Patent and Trademark Office has coordinated with other agencies like the Japanese patent office, the Korean property office, the World Intellectual Property Organization and the EU…so that we aren't duplicating efforts. Q: What are the potential domestic benefits of effective IP laws? A: The greatest immediate benefit is to protect the creations, inventions and designs of creative and innovative Burmese people. Those aren't currently really protected. In the area of copyright, composers, authors, filmmakers, poets and singers will have protection in a way they don't currently have. Not only so that they can realize the commercial value of their work and benefit from it with royalties and licensing fees, but also to be able to enforce their rights against people who are making fake DVDs, copying things and uploading music etc. Burma doesn't have a trademark protection law. The 11-12,000 brands that have been registered—they're on a list—they will need to apply for actual trademarks. Some companies have held off investing because they can't yet protect their trademark. For many foreign companies, their trademark is a really, really important asset. If they can't adequately protect it, they are very hesitant to invest in a market and distribute their products. Q: Some business people or other groups in Burma may be reluctant to accept the idea of strong IP laws, how do you overcome this? A: That's one of the biggest challenges: changing attitudes. That is a crucial component to creating an effective IP system. You can't just have laws and try to enforce them when the public doesn't really understand why. I think a big challenge will be…to help educate, create awareness, do public information campaigns about the value of intellectual property—why these laws are being put into place, and what the benefits will be. My office will be offering to do this [education programs], we'll work with our embassy in Rangoon, I think the EU will do the same, so will the Japanese. Q: How can Burma institute strong IP laws while still ensuring widespread access to products such as low-cost medicines? Should Burma's IP laws be flexible in this respect? A: Every IP system has certain flexibilities and balances in it… In the area of patents, there is always a balance. Sometimes people focus on patents being a monopoly; well, yes, it's a limited exclusive right for 20 years, but after that it becomes open to the public domain and anybody can manufacture it. The whole generic drug industry exists because drugs and medicines that used to be under patent production become available for anybody to manufacture, assuming they meet certain standards. So there are balances. Almost every developed country has in place anti-trust or competition laws that balance against exclusive rights. I honestly don't believe that access to medicine will be inhibited or unfairly restricted. Some estimates are that anywhere from 40-60 percent of the medicines and medical devices on the market in Burma today are counterfeit. Having stronger IP protection will help get those off the market. Therefore by enforcing trademark law you are simply going to have a safer market place for consumers. I will say that legitimate, genuine medicines may end up costing more than fake medicines. But you don't really want people taking the counterfeit medicines in the first place. Q: How important are the IP laws ahead of the ASEAN Economic Community, due to go into effect at the end of 2015? A: For Burmese, as the AEC becomes a reality, without having their own IP house in order, they simply aren't really able to enter into business—into distribution agreements and licensing agreements—with others [in the region]. For example, if a Burmese company manufactures some kind of appliance or goods and wants to enter into a distribution agreement with people in Malaysia or Thailand or Vietnam, the first thing the foreign distributor will say is, do you have a registered trademark for your product? You negotiate for various IP rights: what kind of royalties, what kind of licensing fees, what kind of distribution arrangement, who has the right to file the trademark registration for that product in other countries etc. In today's age, doing commercial deals of any size involves some degree of IP…There's an expectation that as Burmese want to do business in the rest of Asean, that they have their own IP house in order. The post 'They Realize They're Stuck with Laws and Concepts That Are Dated' appeared first on The Irrawaddy.

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