The Irrawaddy Magazine

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• Parliament Votes to Postpone Planned Charter Referendum
• NLD Candidate Ko Ko Gyi Guilty of Illegal Protest But Spared Prison
• Ceasefire Talks Resume After Months of Tension
• Please, General, Keep Your Promise
• Ethnic Bloc Seeks Powerbroker Role in Next Parliament
• Wary Parties Plan Burma Poll Presence
• As Case Goes to High Court, Kachin Women Maintain Husbands’ Innocence
• KBZ’s Nang Lang Kham: ‘Women Are Taking a Lead Role’
• Thailand Backpackers Murder Trial Resumes, Focus on DNA Evidence
• Cambodian Opposition Party Members Sentenced for Insurrection
• India’s Top Court Rejects Appeal of 1993 Bombay Blasts Convict

Parliament Votes to Postpone Planned Charter Referendum Posted: 22 Jul 2015 05:31 AM PDT Lawmakers cast ballots on possible amendments to the Constitution in Naypyidaw on June 25, 2015. (Reuters) RANGOON — Burma's Union Parliament voted on Wednesday to postpone a national referendum on constitutional change which was expected to be held concurrently with the national election on November 8. The referendum concerns amending a single provision of the military-drafted charter—Article 59(d), which currently states that the president and vice-presidents should be familiar with "political, administrative, economic and military" affairs. In late June, MPs agreed that the word "defense" should replace the current word "military." The Constitution requires a nationwide referendum to change certain charter provisions if they are first approved by more than 75 percent of lawmakers. Five other proposed changes to the charter were voted down in the same ballot on June 25, with military lawmakers believed to have exercised their effective parliamentary veto to block the changes. Union Parliament speaker Shwe Mann announced earlier this month that the charter referendum would be held jointly with the general election to save on polling expenditures, but the country's Parliament approved a delay in the referendum on Wednesday, in line with advice from the Union Election Commission (UEC). Min Thu, a Lower House lawmaker with the National League for Democracy (NLD), said that the vast majority of MPs voted to postpone the referendum after Shwe Mann conveyed a request from UEC chairman Tin Aye. At a press conference at the UEC information center in Rangoon on Wednesday, Tin Aye told reporters that he would need an additional 4 billion kyat to hold the referendum alongside the election. This money would cover fielding an extra three officers at each polling station around the country as well as more ballot boxes and ballot papers, Tin Aye said. Prior to the parliamentary vote, Tin Aye told reporters: "If I have to hold it, I will, but they need to allow us a budget of 4 billion kyat for that. But there is not much impact in amending the article from 'military' to 'defense.'" Khin San Hlaing, another Lower House MP for the NLD, said it was appropriate to postpone the referendum which would only determine whether to change a single word in the charter and would only complicate the process for voters. "People aren't interested in [amending that clause]," she said. "If it was 59(f) instead, they would probably be interested." Article 59(f) of the Constitution is the controversial clause that states that the president may not be married to or have children who are foreign nationals—effectively barring Aung San Suu Kyi whose sons are British. The post Parliament Votes to Postpone Planned Charter Referendum appeared first on The Irrawaddy.

NLD Candidate Ko Ko Gyi Guilty of Illegal Protest But Spared Prison Posted: 22 Jul 2015 04:43 AM PDT Ko Ko Gyi, center, at a press conference at the office of the 88 Generation Peace and Open Society in Rangoon on Wednesday following his trial. (Photo: JPaing / The Irrawaddy) RANGOON — A Rangoon court on Wednesday found prominent 88 Generation student leader Ko Ko Gyi and four other activists guilty of breaching Burma's Peaceful Assembly Law, sentencing them each to 21 days in prison or a fine of 10,000 kyats (US$8.30). Speaking outside the South Okkalar Township courthouse following the verdict, Ko Ko Gyi told reporters that he would opt to serve the prison term, but an unknown benefactor stepped in to pay the financial penalty, apparently intent on seeing the activist's political ambitions realized. At a press conference at the office of the 88 Generation Peace and Open Society in Rangoon on Wednesday, Ko Ko Gyi said he did not know the man who offered up the money, which also paid for the identical fines handed down to the other four activists on trial. "Compared with my previous terms [as a political prisoner], it is relatively small," Ko Ko Gyi said of the sentence. "We already thought that if they charged us with this case, we would face it. If the case is finished today, we have other important things to do, such as make political decisions and undertake political activities." The five activists' case gained prominence this week after the pro-democracy activist said Sunday that he intended to run for Burma's largest opposition party, the National League for Democracy, in a general election due Nov. 8. On Monday, Ko Ko Gyi received a summons from the court in Rangoon's South Okkalar Township to appear for a hearing on the case. The charges stem from a protest he helped lead in December 2014, and Ko Ko Gyi had speculated that the long delay in trial proceedings was aimed at preventing him from running in the election. With Wednesday's verdict from Judge Khin Maung Swe, it would appear that Ko Ko Gyi will be a free man when the campaigning period officially kicks off 60 days before election day. Ko Ko Gyi and four other activists ran afoul of the Peaceful Assembly Law on Dec. 21, when they failed to stage their protest within the confines of Kyaikkasan Stadium in Tamwe Township as authorities had insisted, instead leading a small march through Ward 9 of Okkalar Township. Ward 9 is the site of a condominium development that the activists oppose, with the protesters seeking to have construction of the project halted and, ultimately, to see the land restored to the public park that it was previously. In the early 2000s, Burma's then-military government gave the property to the Union Solidarity and Development Association (USDA), the political mass movement of the junta and predecessor of the ruling Union Solidarity and Development Party (USDP). The party has since built a township office and a number of shop houses in the area, but has grander designs for a condominium complex at the site. 'I Don't Know Him' The defendants' lawyer Robert San Aung on Wednesday said the anonymous benefactor had paid the fines so that Ko Ko Gyi could stand for office in the November election. "I don't know him and he gave [money for] the fines and went away. He said he is not politician and he is only a civilian who wants Ko Ko Gyi to enter Parliament," the lawyer said. The Peaceful Assembly Law's Article 19, which the activists were sentenced under, carries with it a maximum sentence of three months in prison, a fine not exceeding 10,000 kyats or both. Uncertainty over the trial's timeline and ultimate verdict had raised the prospect of Ko Ko Gyi being behind bars when the Union Election Commission (UEC) scrutinizes candidate lists next month, with his potential imprisonment threatening to derail is candidacy under election law. Article 19 and its better-known sister clause, Article 18, have been used by authorities to jail scores of peaceful protestors in recent years, swelling the ranks of Burma's political prisoners even as the government insists that all prisoners of conscience have been released. The post NLD Candidate Ko Ko Gyi Guilty of Illegal Protest But Spared Prison appeared first on The Irrawaddy.

Ceasefire Talks Resume After Months of Tension Posted: 22 Jul 2015 04:23 AM PDT Click to view slideshow. RANGOON — Burma's ethnic rebels and government peace negotiators reconvened in Rangoon on Wednesday after a four-month lull in the nation's ongoing peace talks, kicking of the eighth round of meetings aimed at finalizing a nationwide ceasefire accord. The peace process, which began more than 18 months ago, hit a series of roadblocks this year as fighting flared between government and rebel troops along the eastern border. A series of conferences held between ethnic leaders culminated in the formation of a newly constituted negotiation team that was initially rejected by government peace brokers. The new team, however, was invited back to the table this week at the Myanmar Peace Center (MPC) in Rangoon, an EU-backed technical support hub viewed as supportive of the government. More than a dozen ethnic negotiators joined four Burma Army generals and eight government officials for the two-day meet. Speaking to reporters before talks commenced, the government's chief peace broker, Aung Min, said the talks will focus on building trust and understanding between the government and the new ethnic bloc—the Special Delegation, which was established during a recent summit in Law Khee Lar, Karen State, and has issued revised terms for the government. "We understand that ethnic people are worried if we look at some of the points raised after the meeting at Law Khee Lar," Aung Min said, adding that "we all will work together to find a solution." Aung Min stressed the need to keep momentum in the talks and try to reach an agreement before a new government steps in early next year. The official, who also serves as President's Office Minister, said reaching a strong agreement, ending hostilities and proceeding with political dialogue are still the top priorities among negotiators. The ceasefire agreement, he said, "is just a gateway, and is just the beginning of our peace process." Naw Zipporah Sein, vice chairperson of the Karen National Union and leader of the Special Delegation, spoke with a more personal tone on Wednesday, recalling her upbringing in southeastern Burma, where civil war has raged for six decades. "I was born in a war zone; I grew up there and I have experienced suffering from war," she said. "If the government and Burmese Army work together to find a solution, this will benefit all people in the country." Under her leadership, the ethnic delegation has said it hopes to reach an agreement that would include all 16 members of the Nationwide Ceasefire Coordination Team—the original ethnic negotiating body—without excluding those that the government still views as illegitimate and with whom they are still at war. Her colleague in the delegation, La Ja, made similar remarks, calling on the government to enable a more inclusive pact that would benefit the entire country. "If we discuss and negotiate peacefully to solve our fighting problems at the table, we can find a solution," he said. "The government should bring all ethnic armed groups to the table in order to solve this conflict." The post Ceasefire Talks Resume After Months of Tension appeared first on The Irrawaddy.

Please, General, Keep Your Promise Posted: 22 Jul 2015 04:03 AM PDT Myanmar military Commander-in-chief Senior General Min Aung Hlaing looks to Myanmar pro-democracy leader Aung San Suu Kyi during talks in Naypyidaw in April. (Photo: Soe Zeya Tun / Reuters) Following months of equivocation, the National League for Democracy (NLD) has firmly ruled itself in for the November election. After struggling to survive decades of political repression, the unlawful detention of its leaders and the extrajudicial killing of its members, the party can reasonably expect the year's end to mark their finest hour—should the poll be conducted in a free and fair manner. It has been heartening to see so many prominent and respected members of Burmese society rally behind the party. Outspoken Rangoon Division lawmaker Nyo Nyo Thin, 88 Generation leader Ko Ko Gyi, author Nay Phone Latt, Karen women's rights activist Naw Susanna Hla Hla Soe, labor rights activist Win Cho, Rangoon University Rector Dr Aung Thu and businesswoman Thet Thet Khaing have all put themselves forward as NLD candidates in the landmark vote. The failure of the recent constitutional reform push would have made an easy pretext for the party to boycott the election. It is fortunate that the NLD's central executive committee decided to participate. Had it been otherwise, it's not unreasonable to conclude that other parties would have quickly filled the vacuum, leaving the NLD in the dust. Though Aung San Suu Kyi remains barred from the presidency, and the military's parliamentary and executive prerogatives have been left intact, at this stage of the game the opposition has no other option than to tacitly endorse the Constitution by participating in a general election and work for reform from inside the tent. By committing to the election, the NLD now puts the onus on the incumbent government and the military to honor their own commitments. After all, for all the optimism of the last few years, we must remember that Burma is far from free. The military is still very much in control. Commander-in-Chief Snr-Gen Min Aung Hlaing remains in charge of a quarter of the votes of every parliament in the country, sits on the influential National Defense Security Council with President Thein Sein, appoints the head of the exceedingly powerful Home Affairs Ministry and has a decisive say on the progress of Burma's ceasefire negotiations. Min Aung Hlaing told the BBC in a rare interview that the military's oversight of government would remain for some time to come. "It could be five years or 10 years—I couldn’t say," he said of when the military would permit measures to scale down its presence in the country's legislatures. Once again, the commander-in-chief failed to rule out any presidential ambitions, and a parliamentary compromise to install him as head of state cannot be ruled out. When it comes to the next leader of the nation, the will of the people is going to remain subordinate to political expediency as long as the presidency is determined by backroom negotiations in Naypyidaw. In the same interview, Min Aung Hlaing promised that the military would respect the results of the election. Leaving aside that this presupposes an election free of ballot stuffing or bribery, the general has made a commendable pact with the people of Burma. But will the military honor the general's words? The old regime was shocked by the extent of the NLD's victory in 1990, and no doubt the results of the 2012 by-elections—in which the party won all but one of the seats it contested—were enough to put the hardliners of the former junta on edge. Despite a history of subjugation, repression and imprisonment, the NLD has placed its faith in the coming election. The people of this country, the victims of more tumult and suffering than words could ever express, have now been invited to place its faith in the words of the military. The commander's words were commendable, certainly, but Burma cannot afford this pledge to be broken. Please, general: keep your promise. The post Please, General, Keep Your Promise appeared first on The Irrawaddy.

Ethnic Bloc Seeks Powerbroker Role in Next Parliament Posted: 22 Jul 2015 03:50 AM PDT The Union Parliament in Naypyidaw. The Nationalities Brotherhood Federation, a coalition of 23 ethnic political parties, is aiming to win a quarter of the legislature's seats in the November elections. (Photo: Steve Tickner / The Irrawaddy) RANGOON — A coalition of 23 ethnic political parties is targeting around 150 constituencies in the Union Parliament in the coming general election, aiming to elect a bloc with enough leverage to help determine the shape of the next government. Saw Than Myint, spokesman for the Nationalities Brotherhood Federation (NBF), told The Irrawaddy that the alliance of 23 parties was aiming to capture a quarter of Naypyidaw's 664 seats in the Nov. 8 poll. Pointing to the rise of the vote for ethnic parties between the 1990 and 2010 elections, Saw Than Myint said the NBF was well placed to increase its representation in the Union Parliament and press the post-2015 government into greater recognition of ethnic issues. "The previous election results are the best example," he said, noting that in areas like Arakan State, NBF coalition members had won more than three quarters of contested seats. "Every ethnic party won in their regions and none of them can be defeated now, especially in Shan, Mon and Arakan." Saw Than Myint is also the deputy chairman of the Federal Union Party, formed in 2013 by former members of 16 ethnic political parties in an attempt to unite the country's myriad ethnic groups under one banner. The NBF is holding a conference in Loikaw from July 27-28, after which it will announce candidate lists, the constituencies it will contest and policy agreements between the coalition's member parties. The coalition also plans to announce candidates for each of the country's 29 union and regional ethnic ministries. Founded in the aftermath of the 2010 elections, the NBF has grown from five to 23 member parties from across the country. Its elected members include 158 of the 188 ethnic party lawmakers across the country, including 24 seats in Naypyidaw's Upper House and 42 in the Lower House. Should the coalition sweep the field in November and remain united, the next government would be forced to negotiate with either the NBF or the military—which maintains a 25 percent allocation of the seats in every legislature across the country—in the formation of the next executive and any future tilts at constitutional reform. Saw Than Myint has told The Irrawaddy the NBF has no intention of negotiating an alliance with the opposition National League for Democracy (NLD) ahead of the election. How the bloc will fare in the poll and beyond remains to be seen. The NBF will use next week's conference to attempt a resolution to some potentially contentious issues, including the demarcation of constituencies between its members. U Win Myint, a chairman of the Inn National Development Party, told The Irrawaddy on Tuesday that his party has not been able to determine how many seats it will contest because it will need to negotiate with other coalition partners based in Shan State. Members of the NBF also fear that their representation will be diminished by ongoing conflicts in Kachin and Shan areas, affecting the prospects of Palaung and Kokang coalition partners. Sai Hla Kyaw, an NBF spokesman, said that clashes between the Burma Armed Forces and ethnic armed groups could lead to the cancelation of polls in some seats, as was the case in the 2010 election. Next week's conference will also consider the extent to which NBF members will coordinate policy and whether the bloc will seek to aim for a set percentage of female candidates, after two other parties began trialing gender quotas earlier in the year. Lower House lawmaker Khin Saw Wai, a member of the Arakan National Party, said that existing NBF policies were beneficial for women but a designated number of female candidates was important to the coalition's electoral prospects, particularly considering the NLD's efforts to target female and ethnic parties. The post Ethnic Bloc Seeks Powerbroker Role in Next Parliament appeared first on The Irrawaddy.

Wary Parties Plan Burma Poll Presence Posted: 22 Jul 2015 03:18 AM PDT A woman votes at a ballot station during by-elections in Rangoon on April 1, 2012. (Photo: Soe Zeya Tun / Reuters) RANGOON — Just over 100 days until Burma's much-anticipated general election, some political parties have raised the possibility of the ruling Union Solidarity and Development Party (USDP) fixing the vote, an allegation that was widespread in the last nationwide poll in 2010. With that concern in mind, political parties planning to contest parliamentary seats in the Nov. 8 election say they will monitor the USDP by stationing representatives at polling stations and enforcing a Code of Conduct (CoC) that more than 80 parties have agreed to follow. Formed in 2010 as the political vehicle of Burma's former military regime, the USDP won more than 75 percent of elected parliamentary seats in the 2010 election, a poll boycotted by the country's main opposition party, the National League for Democracy (NLD). The result was widely discredited amid numerous reports of voting irregularities and fraud. "People may cast the votes freely in the coming election, but there could still be manipulation by the ruling party," said Khin Maung Swe, chairman of the National Democratic Force (NDF). He said that officers at polling stations could also come under pressure, and stressed the need for international observers to be present to monitor the process in as many polling stations as possible. Sai Leik, spokesperson for the Shan Nationalities League for Democracy (SNLD), told The Irrawaddy that the party would watch that the USDP adheres to the CoC and would publicly expose any violations of the code in collaboration with NGOs and the media. The CoC is described as a "voluntary instrument," and violations of its provisions are not subject to legal penalties, in contrast to Burma's election laws. "The ruling party needs to contest the election fairly. I am concerned about that," Sai Leik said. Sai Aung Myint Khaing, central committee member of the Shan Nationalities Democratic Party (SNDP), said that rules and regulations promulgated by the Union Election Commission (UEC) would help prevent the kind of cheating that took place in 2010, when advanced voting is believed to have to been used to swing races in favor of the USDP in several constituencies. "There is much less of a possibility to cheat on that again," he said, adding that most parties were more concerned about inaccuracies in preliminary voter lists that could disenfranchise millions of would-be voters, or alternatively enfranchise nonexistent voters. Ngai Sak, chairman of the Chin League for Democracy (CLD) party, urged closer scrutiny of local officials from the UEC, a nominally independent arbiter of the 2015 polls, who are charged with amending voter lists errors if reported by voters. "I suspect that the officers of the subcommissions have a feeling that they are working for the current ruling party. The UEC needs to give proper trainings to the polling stations' officers and subcommissioners," he said. He said that some constituencies had in the past seen civil servants coerced into voting for the USDP with threats of termination or offers of promotion, while farmers had in some cases been told their land would be confiscated if they didn't vote for the ruling party, instilling a culture of fear among the public. Another less blatant form of misconduct, according to Ngai Sak, was the conflation of state-funded development projects with the USDP, creating the potential for voters to interpret government initiatives as partisan generosity. "Advanced vote manipulation was their old technique. If it doesn't work in this year, they could use other ways in this year's election, like vote-buying," he said. While acknowledging that UEC rules have been put in place to prevent irregularities in advanced voting, Ngai Sak said it would be important to ensure follow-through on the ground. "We will put our representatives at polling stations and try our best to watch them," he said. "But in remote areas where media and observers aren't able to reach, it is really easy to cheat since there is less security and nowhere to accept electoral dispute complaints. So, [in these locations] there is more potential for the ruling party's manipulation." Saw Ba Lwin from the Phlone-Sqaw Democratic Party, an ethnic Karen party that won nine out of the 15 seats it contested in the 2010 general election, said he was not concerned about manipulation of the vote in November. "I think this year's election will have transparency since international and local observers are now allowed to monitor inside polling stations and we will have parties' representatives in polling stations," he said. Tin Maung Oo, a USDP central committee member and parliamentarian representing Rangoon's Shwe Pyi Thar Township, told The Irrawaddy last week that the ruling party had no intention of manipulating the vote this year, and denied any knowledge of past electoral malfeasance. "Those are just accusations," he said. "In the 2010 election, I contested in Shwe Pyi Thar Township and won but to speak honestly, I didn't even go to the polling stations when they counted the votes." Tin Maung Oo went further, casting his how suspicion on those raising the prospect of electoral fraud. "In the coming election, what we should monitor is not the USDP. The public needs to monitor those who are talking about the cheating. I think they are accusing us with what they heard from international [critics of the 2010 election] and because that is what they want to do in their mind," he said. The USDP will contest constituencies nationwide, 1,171 seats, in the coming election, with Union Parliament Speaker Shwe Mann heading the party's Elections Winning Committee. "People will vote for those who could really work for them. There are 330 townships in the country and the public knows which party is working for the development of the villages and townships. We, the USDP, will get the effect of what we have done in the election," Tin Maung Oo said. Political parties' monitoring efforts will be bolstered by civil society and a handful of international election monitoring organizations. Last week the largest coalition of domestic observer groups announced that it would have monitors in more than 100 townships nationwide. The post Wary Parties Plan Burma Poll Presence appeared first on The Irrawaddy.

As Case Goes to High Court, Kachin Women Maintain Husbands’ Innocence Posted: 22 Jul 2015 02:11 AM PDT Hkawn Nan, left, holds a picture of her husband Brang Yung as Lashi Lu, right, holds a portrait of her husband Lahpai Gam at their IDP camp in Myitkyina, Kachin State. (Photo: Seamus Martov / The Irrawaddy) MYITKYINA, Kachin State — Being forced to flee their burned out homes after fighting flared in Kachin State in June 2011 put incredible strain on the families of Lashi Lu and her fellow villager Hkawn Nan, who along with many of their neighbors took shelter in a Myitkyina camp for internally displaces persons (IDPs). But things got far worse for both women a year later, when soldiers from Infantry Battalion 37 arrested their husbands while they were working as cattle hands. Following the June 2012 arrest of Lashi Lu's husband Lahpai Gam and Hkawn Nan's husband Brang Yung, both men were held and interrogated for two weeks by Burma's Military Affairs Security (Sayapa in Burmese), a division infamous in Kachin State for its harsh treatment of detainees. According to their lawyer Mar Hkar, after days of brutal torture both men falsely confessed to being Kachin Independence Army (KIA) operatives involved in laying land mines and other explosives used in the KIA's guerrilla campaign against the Burma Army. During the interrogations, Mar Hkar says their captors forced his clients to sodomize each other, a claim supported by the detainees' wives, who have been allowed some brief prison visits to see their husbands. Military Affairs Security personnel are also alleged to have ordered the men to re-enact a Kachin traditional Manau dance while shackled. Brang Yung, who like most of his fellow ethnic Kachin is a Christian, was also allegedly forced to stand naked in a Christ-like crucifixion pose for hours on end while his interrogators made insulting comments about his faith. Both women maintain that their husbands have had nothing to do with the KIA or any plot to detonate explosives. "Our husbands are innocent, they are not KIA," says Hkawn Nan, as Lashi Lu nods in agreement during a recent interview with The Irrawaddy at their IDP camp on the grounds of Myitkyina's Shwe Zet Kachin Baptist Church. Lashi Lu, a soft-spoken mother of four, says that during one of her five-minute prisons visits, her husband explained why both men had made their initial confessions. "He said: 'If we didn't confess, we'd be dead now,'" says Lashi Lu. "He confessed because they nearly killed him." The women tell The Irrawaddy they want to be reunited with their husbands as soon as possible. Although they are receiving basic food assistance at the displacement camp, losing their families' breadwinners has made it extremely difficult for them to make ends meet and support their young children. "We have no money to pay for school fees," laments Hkawn Nan, herself a mother of three and the younger of the pair. While her friend Lashi Lu speaks softly, Hkawn Nan's voice shakes with emotion as she recounts the difficulties she has endured since her husband was taken from her. Compounding their difficulties, neither woman has been able to get steady work since arriving at the IDP camp, located on the outskirts of the Kachin State capital. Theirs is a common predicament, affecting many of the families in IDP camps across the state. The camps are currently receiving less than 20 percent of the funding that aid groups and UN agencies estimate is needed to deal with the ongoing humanitarian crisis triggered by the Kachin conflict, which has displaced more than 100,000 civilians in Kachin State and parts of northwestern Shan State. The convictions of both Lahpai Gam and Brang Yung rest largely on confessions they made while being held incommunicado in Military Affairs Security custody without access to legal counsel. Mar Hkar's attempts to have their confessions thrown out during a series of hearings for his clients due to their allegedly being derived from torture have so far been unsuccessful. The judges presiding over the trials have also repeatedly blocked the defense's attempts to introduce witness testimony that both men were working as day laborers or were at the IDP camp at the specific times that they were alleged by prosecutors to be receiving explosives training and engaging in other illegal activities. After a series of hearings that were later criticized by a UN panel for being heavily biased against the defendants, both men were convicted on a number of charges relating to explosives and being a member of an illegal organization, the KIA, which is the armed wing of the Kachin Independence Organization (KIO). Lahphai Gam, 56, received a sentence of 20 years in prison, while the younger Brang Yung, 25, was given 21 years. Mar Hkar, who has appealed his clients' multiple convictions to the Supreme Court in Naypyidaw, says Lahpai Gam and Brang Yung should be freed immediately and compensated for the abuses they were forced to endure. The lawyer says his clients' convictions are a complete injustice. "Legally, there was no evidence to convict them, but they were convicted anyway," he says. The basis of the appeal largely rests on the defense's contention that the false confessions were improperly obtained by Military Affairs Security, an entity that Mar Hkar maintains is not legally authorized to obtain confessions in the first place. The Supreme Court's decision on the appeal is expected soon, though it remains unclear exactly when this will happen. Mar Hkar's remains hopeful that the Supreme Court will bring justice for his clients while being all too aware of the serious shortcomings that continue to plague the Burmese justice system. If Burma's highest court does order Brang Yung and Lahpai Gam released, it would be an unprecedented decision from a body that has, since civilian rule officially resumed in Burma four years ago, shown great deference to the military. The latter institution continues to hold significant influence throughout the country and particularly in Kachin State, where clashes with the KIA continue to occur on a regular basis. The Myitkyina-based Mar Hkar has, since the Kachin conflict erupted in 2011, found himself repeatedly taking on the military in a number of high-profile human rights cases. That has included the disappearance of a Kachin woman named Sumlut Roi Ja, last seen alive in 2011 in the custody of Burma Army soldiers near the Chinese border, and the arrest and alleged torture of Brang Shawng, a refugee who like Lahpai Gam and Brang Yung was convicted of being a KIA operative on the basis of a confession made while in Military Affairs Security custody, which he too later retracted. Although Mar Hkar was defeated in all of his legal attempts to have Brang Shawng freed, these efforts were not in vain. Following widespread public outcry in Kachin State in response to the army's treatment of the man, who has deep scars all over his body to support his claims that he was tortured by army interrogators, President Thein Sein in 2013 issued a presidential pardon ordering his immediate release just weeks after his conviction. There has yet to be any formal acknowledgment that Brang Shawng was in fact innocent of the numerous charges he was convicted of, but many in Kachin State see his pardon and release as proof that even senior government officials did not believe the army's claim that the mine worker—known to his friends and fellow IDP camp residents as a simple but hard working family man—was a high-ranking KIA soldier who masterminded a series of attacks against army targets. Thein Sein has so far failed to act on the formal request issued last October by a coalition of Kachin civil society groups to grant Brang Yung and Lahpai Gam a pardon of their own. The pair have instead had much better success internationally: In separate decisions that were released last year, the UN Working Group on Arbitrary Detention ruled that the men's continued detention was illegal under international law and called for their immediate release. Their cases were brought to the UN group by lawyers working with the London-based Burma Campaign UK, an advocacy group that has taken a strong interest in the plight of civilians caught up in the Kachin conflict. According to the UN working group, Burmese government officials did not rebut the submission made by the Burma Campaign UK's legal team that in addition to being forced to engage in sexual acts, Lahpai Gam was "beaten from head to toe with an iron rod and had a bamboo stick rolled up and down his knees." The UN group concluded that "such pervasive use of torture to extract evidence nullifies the possibility to fulfill the guarantee of the right to a fair trial." The Burmese government also did not provide the working group with any evidence to back up prosecutors' claims that Lahpai Gam was indeed a sergeant with the KIA, leading the UN working group to declare: "The Army in this case is prosecutor and judge, and has arrest, investigative and trial authority, leaving little room for an impartial trial and outcome." Similarly, Burmese officials did not challenge the London lawyers' submission that Brang Yung was also tortured in a manner that included having his "genitals burnt with candle fire." That too was noted by the UN working group, which in its decision on the Brang Yung case, released a few months after it weighed in on the plight of Lahphai Gam, concluded that "The [Burmese] Government has not rebutted the allegation that Mr. Brang Yung was arrested in order to extract a confession under torture in detention." Mar Hkar, who believes that the UN working group's decisions strongly bolster his clients claims of innocence, says he was very pleased that the Burma Campaign UK got involved with the case. In doing so, he says, the group has drawn attention to the ongoing human rights situation in Kachin State, which in many ways has been overshadowed by developments in the rest of the country. "The UN decision has highlighted the injustices we are experiencing here," adds the young lawyer, who maintains that his clients are far from being the only civilians in the state to be abused while in military custody. Although Mar Hkar sees the strongly worded UN decisions as significant victories on the road to his clients' eventual freedom, the wives of Brang Yung and Laphai Gam appear less optimistic that they will see their loved ones outside of prison any time soon. "They charged my husband knowing he was innocent," says Hkawn Nan. "They charged him knowing it would ruin my family. The government is unjust." The post As Case Goes to High Court, Kachin Women Maintain Husbands' Innocence appeared first on The Irrawaddy.

KBZ’s Nang Lang Kham: ‘Women Are Taking a Lead Role’ Posted: 22 Jul 2015 01:59 AM PDT Nang Lang Kham and her father, regime-friendly Aung Ko Win, at a ceremony in Naypyidaw honoring Kanbawza bank as the nation's top taxpayer last year. (Photo: JPaing / The Irrawaddy) Founded in 1994 by U Aung Ko Win, the Kanbawza (KBZ) Group of Companies manages a diverse set of business interests, including in mining, banking, real estate, aviation and insurance. The eldest daughter of the firm's founder, Ma Nang Lang Kham, cut her teeth working at KBZ Bank, one of the largest private financial institutions in Myanmar, with nearly 200 branches across the country and with 113 billion kyat (US$101.9 million) in capital as of 2014. She has risen to become the chairwoman of Brighter Future Foundation, Air KBZ, KBZ Bank and Kempinski Hotel Nay Pyi Taw under the KBZ group of Companies. Ma Nang Lai Kham spoke with The Irrawaddy's Kyaw Hsu Mon about the role of women at Kanbawza, promoting women business leaders and encouraging women's participation in all sectors of the economy. Women are playing a greater role in Myanmar's economic life. What challenges do they face? As the country has developed more and more and connected with the international community, people's horizons have expanded. There are lots of opportunities for everyone now. Women account for 51.8 percent of the national population. Previously, women were stereotyped as housewives once they were married. But now, a certain number of women are leading businesses shoulder to shoulder with their male counterparts. Women now play an important role in the economic development of Myanmar and they are a force for national development. What policies should companies adopt to enhance the role of women in the workplace? I would like to talk about an empowering culture rather than a policy. I would encourage every staffer, regardless of their age and gender, to exercise discretion and take responsibility rather than adopting an overall policy for an entire company. On a level playing field, we award and give promotions to female staffers depending on their competence, performance and expertise. In Kanbawza, we nurture a culture that provides equality and non-discrimination on the grounds of gender. I believe that a large number of Kanbawza staff are women. Can you tell us about this? Women account for 85 percent of staff in our Kanbawza Insurance Co. and about 53 percent for Kanbawza Bank. Women share senior positions with men in our company. Married female staffers are entitled to maternity leave, fixed health allowances, plus leave to take care of their newborn babies if necessary. In addition, we assign duties that are appropriate for them when they return to work. We don't transfer them to places far from their families. We also provide training and do not discriminate on the grounds of gender in providing training. We award staffers depending on their performance and expertise. Interestingly, 35 percent of customers who take loans from Kanbawza Bank are businesses that involve or are led by women. How important is parental support to women who want to become successful in business? The guidance and support of parents are fundamentally important for a child to have success in life. On the other hand, a child who gets support from her parents needs to have interest in the business and devote tireless efforts. And she also needs to have big ambitions. What do you expect will be the challenges as a young woman in relation to inheriting your family's businesses? Challenges exist everywhere, especially in Myanmar, which is developing fast. We need to hand down a great deal of knowledge from generation to generation and systematize our companies for further development. I, together with my sisters, had to work almost daily at the bank branches to be familiar with the job since we were young. To make sure there is no generation gap, we coordinate with our parents. For our business to last long and succeed, we need new ideas for each business. As the first generation has established the business, the second generation has to maintain the success and should have entrepreneurial skills. We have joined the Business Families Institute in Singapore and have adopted strategies for the greater success of our company. We also attend and take part in discussions at the World Economic Forum's New Champions. What is your educational background? I studied basic education at Teacher Training College. Then I did a bachelor degree in business administration at the National University of Singapore. At present, I am studying a Master of Management at the University of Sydney in Australia. I intend to play a part in social and economic sectors important for building a developed country. You have participated in high-level discussions on the role of women here. Can you tell us more about this? You can see that women are taking a lead role not only in business but in other sectors. At Myanmar Investment Outreach Forum held in September 2014 in New York in the United States, we held a wide ranging discussion together with MelanneVerveer [Georgetown Institute for Women, Peace and Security Executive Director] and businesswomen from other organizations on expanding the role of women in Myanmar's economic sector, capacity and opportunities for women and the role of women in Myanmar society. Again in December 2014, the Women's Forum Myanmar was held in Naypyitaw and Yangon. The forum was attended by male and female leaders from various fields at home and abroad. The two-day forum included frank discussions on a wide-range of topics. Our country is weak in raising awareness and cooperation. Such forums should be held in other regions and states to unlock opportunities for women. What is your understanding of glocalization and Myanmar? Glocalization is adapting global economic concepts to regional needs. Since culture differs from one country to another, we need to maintain national identity and tune international economic concepts in to Myanmar culture so that we can keep abreast of international countries. After 2011, Myanmar expats came back to the country along with their knowledge, experience, expertise and they could be tuned in to the specific needs of customers together with their local partners. Some difficulties they have faced working together with their local partners are that work procedures and social relations in the workplace are different. You are serving as chairwoman of Myanmar Future Ray of Light Foundation. What does this involve? We are engaging in a wide range of sectors including education, health, sports, poverty reduction, empowering persons with disabilities and youth development. We also provide help for internally displaced persons, victims of trafficking and disasters, and also help migrant workers return home. Like Forum-CEO Champions, we have formed Women's Forum-CEO Champions Myanmar with male and female businesspersons to encourage the role of women in the economic development of Myanmar. This interview originally appeared in the July 2015 issue of The Irrawaddy magazine. The post KBZ's Nang Lang Kham: 'Women Are Taking a Lead Role' appeared first on The Irrawaddy.

Thailand Backpackers Murder Trial Resumes, Focus on DNA Evidence Posted: 21 Jul 2015 10:48 PM PDT Burmese migrant workers Zaw Lin (R) and Win Zaw Htun arrive at the Koh Samui Provincial Court in Koh Samui, Thailand, on July 22, 2015. (Photo: Reuters) KOH SAMUI, Thailand — Defence lawyers in the trial of two Burmese men accused of killing two British backpackers on a Thai resort island last year said on Wednesday they would focus on the reliability of crucial DNA evidence. British tourists Hannah Witheridge, 23, and David Miller, 24, were killed last September. Their bodies were found on a beach on Koh Tao, a Thai island in the Andaman Sea popular with backpackers and divers. The killings drew outrage in Britain and raised questions about the competence of Thai police and the treatment of migrant laborers in Thailand. Following weeks of pressure on authorities to solve the crime, Thai police said in October that Burmese workers Zaw Lin and Win Zaw Htun, both 22, had initially confessed to the killings. Both later retracted their statements, saying they had been tortured into confessing. The murder trial, which began earlier this month, has been consumed by allegations of police incompetence and the mishandling of evidence. Rights groups have also claimed the men are being used as scapegoats because of their status as foreign migrant workers in Thailand. At the heart of the trial is a debate over DNA samples that police say link the two suspects to Witheridge's body. Police have issued conflicting statements about the DNA, including that some was lost or "used up." They later took back that statement, saying DNA samples had not been lost. Defence lawyers said that evidence would remain the focus when the trial resumed on Wednesday. "Questioning today will focus on the DNA of the accused and the collection of the DNA," lead defence lawyer Nakhon Chompuchat told Reuters. A court on the island of Samui, where the trial is taking place, ordered this month that remaining forensic evidence in the case be sent for reexamination at the Thai justice ministry's central forensic institute. "We still have not seen any progress on the request to see the DNA gathered by police," Nakhon said. The post Thailand Backpackers Murder Trial Resumes, Focus on DNA Evidence appeared first on The Irrawaddy.

Cambodian Opposition Party Members Sentenced for Insurrection Posted: 21 Jul 2015 10:34 PM PDT   Supporters of the Cambodian opposition party, the CNRP, are escorted by police officers at the Phnom Penh Municipal Court on Tuesday. (Photo: Reuters) PHNOM PENH — Eleven members of the opposition Cambodia National Rescue Party were sentenced Tuesday to long prison terms after a court convicted them of insurrection over a protest last year that turned violent. The July 15, 2014, protest in Phnom Penh came as opposition lawmakers were boycotting parliament to demand political reforms, claiming the previous year’s election had been rigged by Prime Minister Hun Sen’s ruling Cambodian People’s Party. An agreement reached the next month saw the opposition members agree to take their parliamentary seats. The government deployed civilian security auxiliaries armed with batons and homemade weapons to keep the protesters out of the capital’s Freedom Park. Violent clashes followed, which each side claims the other initiated. Leading opposition spokesman Meach Sovannara and two other defendants were sentenced to 20 years in prison for leading the protest. Eight others received seven-year sentences for taking part. All had pleaded innocent. Hun Sen has been in power for almost three decades, and while Cambodia is formally democratic, his government is authoritarian and known for intimidating opponents. The country’s courts are widely seen as doing the government’s political bidding. “During the trial, which has had intermittent hearings since December 2014, not one plaintiff identified any of the 11 defendants as having committed any act of violence during the event,” LICADHO, a respected local human rights group, said in a statement issued after the sentencing. It said that only one of the nine defense lawyers was present at Tuesday’s hearing, with the others reported to have boycotted the event because the court had accelerated the trial process despite poor health on the part of some of the defendants. “When judges unexpectedly called for closing arguments, the defendants requested a delay until their lawyers could attend. The judges denied the request and deliberated for just 15 minutes before returning with the verdicts and sentences. As they began to deliberate, police and military police entered the courtroom and the road outside the courtroom was simultaneously blocked,” said the group’s statement. It quoted LICADHO director Naly Pilorge saying these actions made it clear “that this was a show trial with a predetermined ending,” apparently to intimidate the opposition party. The government and the opposition disagree over a bill that would greatly restrict the activities of non-governmental organizations, a large and active sector in Cambodia. Lawmakers from the Cambodia National Rescue Party boycotted the vote on the bill in the lower house, where it passed with government support. It must still be approved by the Senate, another government-dominated body. The post Cambodian Opposition Party Members Sentenced for Insurrection appeared first on The Irrawaddy.

India’s Top Court Rejects Appeal of 1993 Bombay Blasts Convict Posted: 21 Jul 2015 10:18 PM PDT Relatives of Yakub Memon, a convict in the trial of the 1993 Mumbai bombings, walk out of the court after meeting Memon at a special court in Mumbai July 27, 2007. (Photo: Reuters) NEW DELHI — India's Supreme Court threw out on Tuesday a last-minute appeal by Yakub Memon, the only person to be condemned to death for a series of bombings in Mumbai in 1993, clearing the way for his execution after two decades in jail. He is due to be hanged on July 30. The blasts in March 1993 ripped through Mumbai, then known as Bombay, killing at least 257 people at separate landmarks, including the Bombay Stock Exchange, a popular cinema and two crowded markets. Police consider Memon's brother "Tiger" Memon and mafia don Dawood Ibrahim to be the main masterminds behind the attack, carried out to avenge the destruction of an ancient mosque by Hindu zealots in 1992. Both remain in hiding, reportedly in Pakistan. Others originally charged in relation to the attack had their sentences reduced to life imprisonment in 2013. But Memon was found by the court to be the "driving spirit" behind the attacks, and his 2007 death sentence was upheld. While Tiger Memon has been in hiding since 1993, Yakub Memon decided to return to India from Pakistan in 1994, protesting his innocence. He was detained shortly afterwards in circumstances that remain unclear: he has said he turned himself in, but police claimed an arrest. Amnesty International, which campaigns against the use of the death penalty, said the rejection of Memon's appeal was a "disappointing and regressive step." "Serious questions have also been raised regarding Yakub Memon's execution and whether it is guided by political motivations," said Divya Iyer, Research Manager at Amnesty International India. "Lawmakers in India often find it convenient to hold up capital punishment as a symbol of their resolve to tackle crime, and choose to ignore more difficult and effective solutions like improving investigations, prosecutions and care for victims' families." The post India's Top Court Rejects Appeal of 1993 Bombay Blasts Convict appeared first on The Irrawaddy.

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