Saturday, October 31, 2015

The Irrawaddy Magazine

The Irrawaddy Magazine


The Irrawaddy Business Roundup (Oct. 31, 2015)

Posted: 30 Oct 2015 08:22 PM PDT

  A man polishes a piece of jade at the Jade market in Mandalay November 29, 2011. (Photo: Reuters)

A man polishes a piece of jade at the Jade market in Mandalay November 29, 2011. (Photo: Reuters)

Global Witness Says Burma's Biggest Bank a Major Player in Jade Trade

UK-based advocacy organization Global Witness said it believes that Burma's largest private bank, Kanbawza Bank (KBZ), plays a larger role in the country's murky jade trade than it publicly discloses. The organization said it unearthed links between a major jade-mining company and the bank's recently established insurance arm, IKBZ.

Global Witness on Oct. 23 published a lengthy report based on more than a year of investigations into the jade trade. The report gives a glimpse into the scale of profits being made from the jade industry by players including Burma's former dictator, Sen-Gen Than Shwe, the Burmese military and a number of well-connected tycoons.

But the report also contains information about the links between KBZ Group, which is owned by tycoon Aung Ko Win and his family, and the extraction of jade from the Hpakant region of conflict-torn Kachin State. The bank has in the past won plaudits for its transparency efforts and as one of the country's top taxpayers.

"KBZ has a dedicated jade mining subsidiary, but in meetings and correspondence with Global Witness has stressed that it plays only a small part in the industry," the Global Witness report said. "According to a leading economic analyst, KBZ's bank is now around three times larger than its nearest private sector rival. What is it doing that its competitors are not? Does jade provide part of the answer and, if so, where and whom is it coming from?"

While the report does not accuse KBZ of wrongdoing, it sets out numerous links to one of the most significant jade-mining groups, Ever Winner. A network of 12 linked firms, Ever Winner made sales at Burma's official jade emporiums of more than $120 million in 2013 and $190 million the following year.

The Global Witness report claims that the man at the top of the Ever Winner group, Aike Htwe, is closely tied to KBZ boss Aung Ko Win. Further, the group establishes a link between Aike Htwe and IKBZ, an ambitious venture that the group hopes will become a major player in Burma's nascent private insurance industry.

"KBZ denies that Aung Ko Win is a beneficial owner of Ever Winner but confirms what company records show: that Aike Htwe's daughters are directors and shareholders of its new insurance company, IKBZ," it said.

"IKBZ's other directors and shareholders are Aung Ko Win, his wife and their two daughters. KBZ says that Aike Htwe is not a beneficial owner of the insurer. However Aike Htwe's daughter informed Global Witness that he is, in fact, an investor in IKBZ."

According to Global Witness, KBZ advisors have indicated that a review may take place of the group's mining interests, suggesting that more disclosure about its links to the jade industry may be forthcoming. "Global Witness believes that if KBZ wants to live up to its rhetoric on transparency it needs to go much further and faster, however," it added.

In a response reported in the Myanmar Times newspaper, KBZ Group senior managing director Nyo Myint defended the company, insisting that KBZ had always been clear that jade was a "prime legal source of income."

"This is not a secret, since from the beginning we publicised where our business comes from," he said, according to the Myanmar Times.

"We regard the [Global Witness] report as being for the good of the country. KBZ will continue to collaborate with Global Witness to upgrade the standard of the mining industry in Myanmar," he added.

Burma No Longer the World's Worst for Starting a Business: World Bank

The World Bank has recognized the Burmese government's efforts to reform the system of setting up a business in the country. In the bank's latest edition of its annual ranking on the ease of doing business, it said the country climbed to 160th, up from last place out of 189 countries, on the measure.

The ranking is contained within the report Doing Business 2016: Measuring Regulatory Quality and Efficiency, which ranks countries by how easy it is for companies to conduct business there. Overall, Burma was ranked 167 out of 189 countries, a climb of 10 places on the previous year.

That improvement included modest rises in the rankings on "dealing with construction permits" and "getting electricity," but was largely accounted for by reforms to the way in which businesses are established in Burma.

The World Bank said in an accompanying statement that governments across the Asia-Pacific region were improving their procedures for starting businesses, but highlighted the particular improvement by Burma.

"The highest number of reforms recorded in the past year was in the area of Starting a Business," it said. "Myanmar made the most improvement globally by eliminating the minimum capital requirement for local companies and by streamlining incorporation procedures, helping small enterprises save valuable time and resources."

The report said that the Directorate of Investment and Company Administration was now completing most of the processes required to set up a company within one day, and that many of the charges that previously made setting up a business expensive had been dropped.

However, Burma remains one of the worst countries in the world in a number of the fields included in the rankings. The country actually dropped in the rankings in terms of "getting credit" (now 174th place), while it continues to struggle with "protecting minority investors" (184th), "enforcing contracts" (187th) and "resolving insolvency" (162nd), according to the rankings.

Makro Could Come to Burma Under Thai Operator

Cash-and-carry chain Makro could soon enter the Burmese market, according to a report citing interest in a move from the brand's Thai operator, Siam Macro Plc.

The Bangkok Post said the company, which is part of the sprawling Thai conglomerate Charoen Pokphan (CP) Group, had already conducted a feasibility study on the Burmese market, citing CEO Suchada Ithijarukul.

"Siam Makro is studying Myanmar consumer behaviour and foreign investment laws. If the regulations are clear, it is ready to open its first store immediately," the report said, adding that Siam Makro had also met with the Thai ambassador to Burma for advice.

The report said Makro was looking to capitalize on the changes in Burma's retail landscape since the government initiated liberalizing reforms. It quoted Suchada saying that the company would look for success in Burma with its "various store types," and said that increasing numbers of foreign visitors to the country would also be a boon for the retailer.

"The boom of tourism in Myanmar is also an opportunity for Makro," she was quoted saying.

Burmese App Raises $200,000 in Seed Funding

Burmese mobile application Momolay has reportedly raised $200,000 in seed funding as it tries to establish itself as a news and entertainment platform to compete with Facebook among Burmese mobile users.

The website Tech in Asia interviewed Momolay founder Lin Myat, who said the app had been downloaded almost 340,000 times on Android devices since its launch in February. The app claims more than 100,000 active monthly users.

"Momolay is basically a 9Gag and Buzzfeed hybrid," Tech in Asia said, referring respectively to a user-generated content platform and the news website infamous for its "listicles." "[Momolay's] mission: to provide a source of entertainment and social news other than Facebook."

According to Lin Myat, Momolay has recently raised $200,000 in seed funding from Singapore-based investors that will go toward growing its team and building partnerships with other content publishers. "The funding the company raised brings its valuation to US$1.2 million, and gives it a year of runway to get to the next growth stage," Tech in Asia said.

Lin Myat told the website that his team was working on a way to monetize its early success.

"We are now experimenting on how we can best find revenue for our partnered publishers and ourselves," he was quoted saying. "We currently don't have much revenue apart from a few hundreds dollars a month we get from Facebook native ads."

Sri Lankan Bank Opens Representative Office in Rangoon

Colombo-based Sampath Bank earlier this month opened a representative office in Rangoon, its first foray outside of Sri Lanka, according to a statement.

The new office was opened on Oct. 7 in the Novotel Hotel Max after the bank obtained a license from Burma's central bank.

While the representative office does not allow Sampath Bank to conduct lending activity in Burma, it is the first step toward entering the country's banking sector. Nine other foreign banks have already been granted with licenses giving them permission to conduct some banking operations in the country, and others still have expressed interest in joining them if more licenses are issued.

Sampath Bank's statement said the firm wanted to benefit from rising interest in Burma's natural resources by bringing its experience from working in a similar market.

"Myanmar is a country blessed with Jade and Gems together with oil and many other natural resources….," the statement said.

"In keeping with the vision of Sampath Bank, the Bank carefully selected a country in which the conditions are somewhat similar to Sri Lanka, but has a vast potential to develop in the industry of Banking with mutual benefits to both Sri Lanka and Myanmar. Sampath Bank identifies Myanmar as a location of great potential with which it could share the experiences of high tech banking pioneered by the national bank for the last 28 years."

The post The Irrawaddy Business Roundup (Oct. 31, 2015) appeared first on The Irrawaddy.

Dateline Irrawaddy: ‘Who Is Willing to Sing for the Poor?’

Posted: 30 Oct 2015 08:16 PM PDT

On this week's edition of Dateline Irrawaddy, the panel discusses the role of artists and musicians in political campaigning.

On this week's edition of Dateline Irrawaddy, the panel discusses the role of artists and musicians in political campaigning.

Aye Chan Myae: Welcome to Dateline Irrawaddy. This week we'll be discussing artists and political campaigning. We have invited musician May Kha Lar, who has recently released hit song "Don't Want to Talk about Politics," to this week's discussion. Irrawaddy's Burmese editor Thalun Zaung Htet will also join me for the discussion. I'm Irrawaddy Burmese editor Aye Chan Myae.

I think I should first ask May Kha Lar, who says she does not want to talk about politics.

May Kha Lar: Sure. Please ask.

ACM: The election is very near now.

MKL: Yes, it is.

ACM: We see that artists are entertaining at the rallies of political parties. Some have criticized this, saying that artists are not supposed to support a particular party. What is your view on this?

MKL: Yes, in fact, artists are a class of people whose actions right away come to the public's attention. People know immediately when artists do something either good or bad. So we artists sometimes feel stuck in an uneasy situation, as we are now, for example. There is no hatred between the military and artists. Soldiers are citizens, and so are doctors, policemen, musicians, and students. So because they are people born out of people, I want everyone to get on well with each other and share the same view. However, political parties have emerged because people have different views and wishes. To be frank, I personally do not want to criticize anyone regarding the election. Musicians have the right to entertain for any party according to their wishes and their views. They shouldn't be prohibited. It is their individual wish. I myself have gotten stuck in many dilemmas. One of my close relatives is a high-ranking official while on the other side is my younger brother, who has made a lot of sacrifices. I was very confused and faced with a challenging dilemma. But to talk about truth and face the truth, if musicians want my advice on how they should choose, I would say that they should choose the one [political party] that is more closely associated with and more acceptable to the majority.

ACM: Ko Thalun, we journalists are also supposed to be non-partisan. Some say that artists should not represent a particular party. Some say that artists used to support one side but now they support the other side. What is your view on this, Ko Thalun?

Thalun Zaung Htet: Jobs are different in their natures. However, during a critical time for the country, everyone has to stand for the interests of the country. Even children know who has and who hasn't served the interests of the country, and who has harmed the country. Everyone knows this. Artists can't just ignore critical times for their country. Artists, who know what change people really want, have joined the rallies on a wider scale. Their participation has further aroused public eagerness for change.  I, both as a journalist and as an ordinary citizen, really appreciate artists' joining campaigns for the sake of politics. I would say that this is the right move.

ACM: Ma May Kha Lar, we didn't see much of you in the earlier days of campaign season. Perhaps you were busy recording. But now the election is just days away. What activities do you plan on engaging in?

MKL: I am more passionate about this album than I was about my previous ones. And I have also put more energy into it. Other [musicians] have been devoting their time and energy to campaign season, but I have put my efforts into my album. And I think it is worthwhile to do so. I always keep in my mind that it is the people who feed me. Even children know what has happened to the majority and what to the minority. In my heart, I've always stood by the grass roots. When I do philanthropic works, I never make donations to rich monasteries or to rich places. Well-off persons don't need donations. For example, if a person is very rich, he is usually surrounded by people who are at his service or who need his help. Meanwhile, no one helps poor persons. Who else will help them to stand on their own feet if we don't help them? Since I was a child I've always wanted to help these sorts of people. I have also released a critical song written by U Naing ["Myanmar"]. This song was also a big hit. It was dedicated to the grass roots. I started my revolt [against authority] with that song and have not finished.

ACM: Everyone who has watched and listened to your song "Don't Want to Talk about Politics" likes it. The song went viral when you uploaded it to Facebook. Ko Thalun, what do you think about the song?

TZH: After having listened to the song, my wife, whenever she gets angry with me now, threatens me, singing the part of the song, "I don't want to talk about politics. Shall I take to the streets?" The song is a great hit. The title of the song is "Don't Want to Talk about Politics," but listening carefully to it, it's clear that people want to talk about politics. The song conveys sympathy for the woes and grievances of people. As a citizen, I appreciate that it is a really good song. The song provides food for thought and asks the authorities questions on behalf of the people. The song has spread among the public. It is one of the best election campaign tools.

ACM: The song highlights the grass-roots. It reveals that there are such people in this country. They are the majority, though there are some affluent groups here as well. Your song was a hit because it represents the majority, I think.

MKL: Yes, but the song can also be interpreted differently. Ko Naing Gyi is a really great composer. When I first released the song, the wife of a senior government official praised me, and this made me respect her. She said that friendship is friendship, that she is not angry with my song, that the song does not impact her, and that her friendliness towards me would not change. She also said, "the song is about the married life of the poor, why should I be angry with it?" So this makes me respect her and husband. Her husband is a senior government official. Meanwhile, others think that the song will affect their husbands, which is narrow-minded thinking. So I feel sorry for the couple, because I think that my song will somehow affect them. There are three social classes in Myanmar. Many people are willing to sing for the rich and for those in power. But who is willing to sing for the poor? That's why I stand for them.

ACM: Ko Thalun, what is your assessment of the election, as it is just days away?

TZH: At present, the entire town has turned red, and so has the rest of the country. The nearer we get to the election, the more cars are turning red and the more people are wearing red. The entire country is turning red. It is not that people have turned red for no reason. They have their own feelings. They were subjected to suppression. They are turning red because they view it [the National League for Democracy] as the party that can change their lives and their hopes. And I hope that things will become redder as the election draws nearer.

ACM: You released the album "Don't Want to Talk about Politics" just before the election. Did you intentionally plan on your album coinciding with the election?

MKL: I started recording the album in October and November of last year. I collected some songs and cancelled others that I didn't like. Then, the election was announced, and I planned on postponing my album until the post-election period. But then I met Ko Naing Gyi. I told him that I have feelings. What [feelings]? That I am very interested in philanthropic works. And I engaged in them. I went to urban and rural areas to engage in philanthropic works, and when I would arrive, I couldn't hold back tears. I am leading a good life, but others are not. How would they feel if it rains heavily, I wonder. I can eat well and make donations, but their lives are ragged. I asked Ko Naing Gyi to write a song. I said I would like to do something for the grass roots because there are hardly people willing to stand by them. I asked him to write about it a month or so before the election campaigns began. Perhaps it was two, three months ago now. Ko Naing said OK, and it only took a week or ten days for him to compose the song. I fell in love with the lyrics when I saw them. The song was exactly what I wanted. At that time, the recording of the album was already finished, but if that song was not included on the album, what a waste it would have been, because the election and the song are a perfect match. So I recorded the song along with other songs, such as "Union's Mother."

ACM: The song "Union's Mother" is about the Irrawaddy River?

MKL: The Irrawaddy River is essential for us. I am grateful to President U Thein Sein for suspending the Myitsone Dam Project. The next government, however, doesn't need to postpone it. It needs to repeal it. The Irrawaddy is the sine qua non for Myanmar. Mothers are crucially important for everyone. A person can't live without a mother, though it is better to have both parents. But personally, I think that we owe greater gratitude to mothers, and therefore in the song I compare the Irrawaddy River to a mother. The song is also really good, and I think that people will like it. So I would like to request that the next government safeguard the river's sanctity for the people.

ACM: Thank you for your contributions.

The post Dateline Irrawaddy: 'Who Is Willing to Sing for the Poor?' appeared first on The Irrawaddy.

National News

National News


“Some people are surprised our party has survived”: Phyu Phyu Nyunt

Posted: 30 Oct 2015 11:44 PM PDT

Phyu Phyu Nyunt is running for a Yangon Region parliament seat for the National Unity Party, the successor to Gen. Ne Win's old Burma Socialist Programme Party that has been around since 1990. 

“Joining a Ma Ba Tha event is a USDP member’s right and choice”: Dr. Toe Toe Aung

Posted: 30 Oct 2015 11:34 PM PDT

Toe Toe Aung, a ruling party Mon State minister, speaks about his reelection campaign and his party members' appearances at a Ma Ba Tha rally.  

Friday, October 30, 2015

The Irrawaddy Magazine

The Irrawaddy Magazine


Ethnic Rebel Summit in Panghsang Redux, But Dynamics Differ

Posted: 30 Oct 2015 06:52 AM PDT

: A peace monument erected in the aptly named Panghsang Peace Square in the eponymous capital of the Wa Special Region. (Photo: JPaing / The Irrawaddy)

: A peace monument erected in the aptly named Panghsang Peace Square in the eponymous capital of the Wa Special Region. (Photo: JPaing / The Irrawaddy)

PANGHSANG, Wa Special Region — The leaders of several ethnic armed groups will converge this weekend on Panghsang, where the United Wa State Army (UWSA) has invited 12 fellow ethnic armed groups for a meeting to discuss their shared absence from the signing of a so-called nationwide ceasefire agreement with the Burmese government earlier this month.

While some ethnic armed groups' delegations have already arrived to the town, many of them are still en route to Panghsang, the capital of the semi-autonomous Wa Special Region in northeast Shan State.

Security in UWSA-controlled territory appeared heightened during the three-hour drive by car from Mong La to Panghsang, with checkpoints administered by the ethnic Wa army stopping the car in which The Irrawaddy was traveling three times, despite the vehicle being clearly marked as belonging to the rebel group. Our driver was asked to show his ID card at one stop, despite him wearing a full UWSA uniform.

The summit beginning on Sunday is the second time this year that the UWSA has hosted a meeting of Burma's ethnic armed groups, though the conflict dynamics have shifted markedly since the first meetup nearly six months ago.

While the meeting in early May came with most of the nation's ethnic armed groups in relatively equal standing vis-à-vis the government, the coming summit is being convened less than three weeks after the groups split over the signing of the ceasefire, with eight armed organizations signing the accord but about a dozen others either abstaining or shut out by the government.

The UWSA's invitation exclusively to non-signatories is not likely to be viewed favorably by a Burmese government that pushed aggressively to ink the peace pact this month.

As the leaders of ethnic armed groups make their way to Panghsang, many have opted to enter the Wa Special Region through China or Thailand, using illegal channels to avoid Burmese government authorities that they worry could give them trouble.

Nai Hong Sar Bong Khaing, a central committee member of the New Mon State Party (NMSP), told The Irrawaddy that members of the NMSP delegation headed for Panghsang had asked him for travel advice ahead of the meeting, and he suggested not to travel inside the country with those concerns in mind.

"They asked for my thoughts about traveling inside the country. … For me, I told them that it is not a good time to travel inside the country," said Nai Hong Sar Bong Khaing, adding that he did not know which way the NMSP leadership ultimately would choose.

To attend the Panghsang meeting in May, leaders from the NMSP traveled through official channels, flying from Rangoon to Kentung before driving to Mong La and then on to the Wa Special Region. That, however, was before the group had positioned itself among those who did not sign the nationwide ceasefire.

Other armed groups as well have decided to cross the borders of China or Thailand to get to Panghsang for the meeting,

However, Saw Lwin, the general secretary of the Kayan New Land Party, told The Irrawaddy that his group kept its travel aboveboard, flying from Loikaw in Karenni State to Shan State's Lashio, and then traveling overland from there.

Asked by The Irrawaddy if he was concerned about hassle from the government along the way, he replied: "We cannot be afraid of them because this is the right thing for our group, we need to attend this meeting."

"They never like whenever our ethnic armed groups all get together and talk at a meeting. They are afraid of this," Saw Lwin added.

Though eight armed groups signed the nationwide ceasefire in Naypyidaw on Oct. 15, several of the nation's largest ethnic armies, including the UWSA, withheld their signatures.

Other non-signatories include the Ta'ang National Liberation Army (TNLA), Myanmar National Democratic Alliance Army (MNDAA) and Shan State Army-North, groups with considerable strength based primarily in Shan State. All three have clashed with the Burma Army even as negotiations for the nationwide ceasefire moved haltingly forward this year, and the most recent flare-up between the government and the SSA-N began on Oct. 6 but has continued in the post-ceasefire signing period.

Saw Lwin's Kayan New Land Party is among three groups invited to the upcoming meeting that did not attend the May gathering, along with the Karen National Defense Organization (KNDO) and National Socialist Council of Nagaland (Khaplang). The most notable absence from the talks that start Sunday is the Karen National Union (KNU), one of Burma's largest ethnic armed groups, which signed the ceasefire with the government earlier this month and thus did not receive a UWSA invite.

A statement issued by the UWSA ahead of this weekend's meeting said participants would discuss two points: how to present a united front as non-signatories, and how to deal with whatever new government takes power following Burma's Nov. 8 general election.

The UWSA is Burma's strongest ethnic armed group, but did not participate in the multilateral negotiations over the nationwide ceasefire agreement. It reached a bilateral ceasefire agreement with the government in 1989, and has said that pact would have made its signing of the nationwide accord redundant.

The post Ethnic Rebel Summit in Panghsang Redux, But Dynamics Differ appeared first on The Irrawaddy.

No Response, No Accountability for Tenasserim Coal Mine Damage

Posted: 30 Oct 2015 06:47 AM PDT

Mon State locals protest against the construction of a coal fired power plant in May 2015. (Photo: Tin Htet Paing / The Irrawaddy)

Mon State locals protest against the construction of a coal fired power plant in May 2015. (Photo: Tin Htet Paing / The Irrawaddy)

RANGOON — Karen villagers say the massive toll on their community from the nearby Ban Chaung coal mining project has been ignored by the government, the ethnic armed group in control of the area and the companies involved in the venture.

Approved by the Ministry of Mines under the former military regime in March 2010, Mayflower Mining Enterprise Ltd. was initially allocated three land parcels in Dawei. A further three allotments were granted in March 2012, with the total size of the project spread over 2,100 acres of land in upland Tenasserim Division.

A report released on Friday by a consortium of local civil society groups alleged that Mayflower Mining had unlawfully brought in two Thai-based firms—East Star Company Ltd. And Thai Asset Mining Co. Ltd—to operate the mines and construct roads linking the Ban Chaung mines to the Dawei Special Economic Zone and a port 45 kilometers to the south in Thayetchaung Township.

Investment and mining laws require foreign firm to secure operational approval from both the Ministry of Mines and the Myanmar Investment Commission. Thant Zin, a representative of the Dawei Development Association, told a Friday press conference that there was no record of either East Star or Thai Asset Mining having approval to operate the Ban Chaung mines from either body, while Mayflower Mining appears to have no direct involvement in mining operations.

East Star commenced operations at Khon Chaung Gyi village in late 2011 and early 2012, destroying 60 acres of a cardamom plantation without informing or seeking consent from landowners, the report said. The company also seized land in nearby Kyaut Htoo village, setting up an operations camp close to a Burma Army base.

Naw Pe The Law, a spokeswoman for the Tarkapaw civil society group, said that if the project was granted permission to expand and encompass all six allotments, more than 20 villages and 330,000 people would be affected by land seizures or the environmental effects of the project.

"We are indigenous people but we were never informed these projects would occur," she said. "We only found out when the mining started. Even though it started in 2011, there has been no environmental or social impact assessment done. Even though every villager is against it, the project continues, and there is no accountability for anyone."

Despite being in its infancy, the Ban Chaung project has had a dramatic impact on the local environment since operations commenced. Villagers told civil society groups that East Star had dumped tailings into streams, while the nearby water table had acidified and killed local marine life. Mining dust and recurring coal fires—which East Star made cursory efforts to extinguish by covering waste piles with dirt—have led to an increase in respiratory illnesses, while others reported an outbreak of skin diseases.

The Buck Stops There

Registered in Bangkok and Rangoon in 2010, Mayflower Mining was founded by Kyaw Win, a close associate of former junta deputy Gen. Maung Aye who established his fortune in the timber trade in the early 1990s. Kyaw Win's move into banking in 1994 saw the establishment of the Myanmar Mayflower Bank, which at its height was the third largest financial institution in the country before it was shuttered in 2005 following a money laundering investigation.

The Ban Chaung project area, around 50 kilometers from the Thai border, has long been under the de facto control of the 4th Brigade of the Karen National Union (KNU). Despite mining operations falling in the armed group's control area, the KNU has regularly deflected accountability for the project.

Thant Zin of the Dawei Development Association told The Irrawaddy that villagers had attempted to petition the ethnic armed group at least five times to stop the project since 2013 without receiving a response. On some occasions, the KNU told villagers to seek redress from the Burmese government and the Ministry of Mines, who in turn referred the villagers back to the KNU.

In January 2014, the first secretary of the Mergui-Tavoy District KNU office attempted to order a temporary suspension of the 60 acres currently being mined. Operations continued as normal. Two months later, the district KNU office signed a contract with villagers stating that mining would not expand beyond its present operations. Protests continued, with a November 2014 local blockade of access roads built by East Star and Thai Asset eventually removed by the Karen National Liberation Army, the armed wing of the KNU.

Friday's report on the Ban Chaung project called on the Burmese government to cease granting mining approvals in ethnic areas without the consent of the local community and for the KNU to end its support for local mining operations.

'Left in the Lurch'

Efforts to enshrine community protections as a precondition of mining projects have been glacial.

An attempt to update the junta-era 1994 Mining Law, which would modernize the rules under which foreign and local companies are permitted to mine in Burma, has been stalled in Union Parliament for more than two years. Regulations establishing an environmental impact assessment procedure for the Ministry of Mines remain in draft form despite more than a year of deliberation.

Vani Sathisan, legal adviser for the International Commission of Jurists, said that the ongoing dispute over the Ban Chaung project highlighted the pressing need for legislative reform.

"This is a country where businesses normally proceed without input from local communities. Such secrecy fosters serious human rights abuses," she told The Irrawaddy.

"In the absence of such key legislation that would protect the communities' rights and provide for a legal redress—and coupled with a judiciary that is not able to enforce these laws with independence and competence and provide access to remedy—communities are left in the lurch."

Coal fired power projects, for which the Ban Chaung project was established to help service, have in recent years been a growing source of community discontent in southern Burma, particularly Tenasserim Division and coastal areas of Mon State.

Over the last five years, a total of seven coal-fired power plants have been proposed in Tenasserim, with a combined maximum generating power of nearly 14,000 megawatts.

A proposed 4,000MW power plant to service the Dawei SEZ was scuttled by the Thein Sein government in January 2012 on environmental grounds, in the wake of community opposition to the project. Last year, Thailand's Andaman Power & Utility said it had reached agreement with the Ministry of Electric Power to construct a scaled-down, 500MW coal plant to power the SEZ, where future development plans are largely underwritten by Thai investment.

The post No Response, No Accountability for Tenasserim Coal Mine Damage appeared first on The Irrawaddy.

Lingering Problems, New Challenges for Foreign Investors Despite Reforms

Posted: 30 Oct 2015 02:09 AM PDT

Stacks of Burmese kyat notes are prepared at a bank ahead of being transported in Rangoon. (Photo: Minzayar / Reuters)

Stacks of Burmese kyat notes are prepared at a bank ahead of being transported in Rangoon. (Photo: Minzayar / Reuters)

RANGOON — Despite improving access for international capital and the streamlining of company registration regulations, significant barriers remain for prospective investors in Burma, with local experts warning the de facto reintroduction of foreign exchange controls will hamper future growth.

In the annual Doing Business report, published on Tuesday, Burma climbed 10 places to 167th in the World Bank's index on the ease of doing business in 189 countries. Covering the year to June 2015, the report praised the dramatic reduction in the time needed to register a business with the Directorate of Investment and Company Administration (DICA), along with the elimination of capital requirements for new enterprises.

Burma remains the lowest ranked country in the Asean region, well behind regional neighbors Thailand (49), Laos (134) and Cambodia (127). With an average of three years to settle tort claims in Burma's court system, the country ranked 187th on contract enforcement, and lagged well behind the region in ease of access to credit and the legal rights of borrowers and lenders.

Zaw Lin Htut, CEO of the Myanmar Payment Union, said he expected the banking sector to improve as recent foreign entrants established themselves in the local market, but said foreign investors would be reluctant to set up locally without legislative reform to credit laws.

"This is only the beginning of the foreign banks operating in Burma," he told The Irrawaddy. "They can't yet provide good service for everyone, and that is a factor for why foreign investors are not happy to invest here… If the country focuses on what foreign investors need in the next couple of years, it will improve its ranking very soon."

Following extensive deliberation, senior government figures including DICA director-general Aung Naing Oo promised that revisions to the 2012 Foreign Investment Law and the colonial-era 1914 Companies Law would be enacted before the general election. Both remain before the Union Parliament, which is not set to resume until after the election in mid-November.

Along with distrust of the local banking system, recent efforts by the Central Bank of Myanmar to clamp down on foreign currency transactions are placing an additional burden on foreign operators.

"Due to the weak banking system here, we are always having problems when transferring money from our foreign counterparts," said Zay Htet, managing director of the Georesources mining and exploration services company. "They are always considering this before working with local companies."

"Some of my colleagues told me that they always have problems when they use foreign banks to send investment capital here. They can’t find good banks that can directly work here; this is the one single most important factor."

The Central Bank's aggressive stance on monetary policy was taken in response to a 30 percent slide in the Burmese kyat against the US dollar since January. While the greenback has seen a global resurgence, the local currency has declined relative to regional currencies as a result of the country's widening current account deficit.

An abortive attempt by the Central Bank to reintroduce exchange controls saw a wide disparity between official and market rates and the reintroduction of a thriving black market currency trade, which had largely disappeared when the Burmese government floated the exchange rate in 2012.

Zaw Lin Htut said that the kyat's instability was making it more difficult for foreign firms to forecast revenue, and the Central Bank's intervention had made investors wary of the potential for unpredictable revenue changes.

Experts have called for the Central Bank to shift its monetary policy focus to combating Burma's rising inflation rate, forecast by the International Monetary Fund to hit 13 percent by the end of 2015.

Independent economist Aung Ko Ko told The Irrawaddy that the Central Bank's current priorities were too aligned with the government, and reducing inflation at the expense of a weakened kyat would over time lead to greater prosperity and economic development.

"The Central Bank is not meant to protect the government, but to help develop the country and people," he said. "It has to consider and take actions in the interests of the people and the country. It has an awesome responsibility."

"Burma is a developing country with around 70 percent of the country's population residing in rural areas. Rather than taking a cue from US Federal Reserve and European Central Bank, it should learn from central banks of Thailand and Vietnam how to stabilize inflation."

The post Lingering Problems, New Challenges for Foreign Investors Despite Reforms appeared first on The Irrawaddy.

China to Allow All Couples Two Children to Counter Aging Population

Posted: 30 Oct 2015 12:18 AM PDT

 A boy sits on his father's shoulders as they pose for a photograph in front of the giant portrait of late Chinese chairman Mao Zedong on the Tiananmen Gate, in Beijing, China, on Oct. 2, 2011. (Photo: Reuters)

A boy sits on his father's shoulders as they pose for a photograph in front of the giant portrait of late Chinese chairman Mao Zedong on the Tiananmen Gate, in Beijing, China, on Oct. 2, 2011. (Photo: Reuters)

BEIJING — China will ease family planning restrictions to allow all couples to have two children after decades of a strict one-child policy, the ruling Communist Party said on Thursday, a move aimed at alleviating demographic strains on the economy.

The policy is a major liberalization of the country's family planning restrictions, already eased in late 2013 when Beijing said it would allow more families to have two children when the parents met certain conditions.

A growing number of scholars had urged the government to reform the rules, introduced in the late 1970s to prevent population growth spiraling out of control, but now regarded as outdated and responsible for shrinking China's labor pool.

For the first time in decades the working age population fell in 2012, and China, the world's most populous nation, could be the first country in the world to get old before it gets rich.

By around the middle of this century, one in every three Chinese is forecast to be over 60, with a dwindling proportion of working adults to support them.

The announcement was made at the close of a key party meeting focused on financial reforms and maintaining growth between 2016 and 2020 amid concerns over the country's slowing economy.

China will "fully implement a policy of allowing each couple to have two children as an active response to an aging population," the party said in a statement carried by the official Xinhua news agency.

There were no immediate details on the new policy or a timeframe for implementation.

Wang Feng, a leading expert on demographic and social change in China, called the change an "historic event" that would change the world but said the challenges of China's aging society would remain.

"It's an event that we have been waiting for a generation, but it is one we have had to wait much too long for," Wang said.

"It won't have any impact on the issue of the aging society, but it will change the character of many young families," Wang said.

Too Little, Too Late?

Under the 2013 reform, couples in which one parent is an only child were allowed to have a second child.

Critics said the relaxation of rules was too little, too late to redress substantial negative effects of the one-child policy on the economy and society.

Many couples who were allowed to have another child under the 2013 rules decided not to, especially in the cities, citing the cost of bringing up children in an increasingly expensive country.

State media said in January that about 30,000 families in Beijing, just 6.7 percent of those eligible, applied to have a second child. The Beijing government had said last year that it expected an extra 54,200 births annually as a result of the change in rules.

Chinese people took to microblogging site Weibo, China's answer to Twitter, to welcome the move, but many said they probably would not opt for a second child.

"I can't even afford to raise one, let alone two," wrote one user.

Couples who flout family planning laws in China are, at minimum, fined, some lose their jobs, and in some cases mothers are forced to abort their babies or be sterilized.

In Washington, White House spokesman Josh Earnest welcomed China's move but indicated it did not go far enough.

"While this recent policy change does represent a positive step, we also look forward to the day when birth limits are abandoned altogether," Earnest said during a news briefing.

William Nee, a China researcher at human rights campaign group Amnesty International, also urged China to go further.

"China should immediately and completely end its control over people's decisions to have children. This would not only be good for improving human rights, but would also make sense given the stark demographic challenges that lie ahead," he said.

Charging Growth

The plenum also announced plans to attack other structural economic challenges, covering areas such as market pricing, innovation, consumption and more private ownership of assets.

The party reiterated its goal of doubling GDP and incomes between 2010 and 2020—entailing a "medium-high economic growth target"—and committed to liberalizing its service sector to foreign investment. It said it would accelerate implementation of free-trade zones, and intervene less in the pricing of goods and services.

However, it did not give a figure for its next five-year growth target. Chinese social media was buzzing earlier on Thursday with comments purportedly made by Premier Li Keqiang saying 6.53 percent was the minimum growth rate China needed to become moderately prosperous.

"Not a lot of new stuff," said Chang Liu, China economist at Capital Economics in London.

He noted that the commitment to put more state assets into pension funds would be a desirable way to get state money into private hands, with potential trickle-down effects on consumption, but was skeptical of implementation.

"I think that's one of the tougher ones to carry out, given vested interests."

The restated focus on innovation is getting more and more policy support as China tries to push its companies to move more quickly up the value chain.

The post China to Allow All Couples Two Children to Counter Aging Population appeared first on The Irrawaddy.

In Defeat for Beijing, Hague Court to Hear South China Sea Dispute

Posted: 30 Oct 2015 12:11 AM PDT

Chinese Foreign Ministry spokesman Lu Kang points out a reporter to receive a question at a regular news conference in Beijing, October 27, 2015. (Photo: Kim Kyung-Hoon / Reuters)

Chinese Foreign Ministry spokesman Lu Kang points out a reporter to receive a question at a regular news conference in Beijing, October 27, 2015. (Photo: Kim Kyung-Hoon / Reuters)

AMSTERDAM — In a legal setback for Beijing, an arbitration court in the Netherlands ruled on Thursday that it has jurisdiction to hear some territorial claims the Philippines has filed against China over disputed areas in the South China Sea.

Manila filed the case in 2013 to seek a ruling on its right to exploit the South China Sea waters in its 200-nautical mile exclusive economic zone (EEZ) as allowed under the United Nations Convention on the Law of the Sea (UNCLOS).

The Hague-based Permanent Court of Arbitration rejected Beijing's claim that the disputes were about territorial sovereignty and said additional hearings would be held to decide the merits of the Philippines' arguments.

China has boycotted the proceedings and rejects the court's authority in the case. Beijing claims sovereignty over almost the entire South China Sea, dismissing claims to parts of it from Vietnam, the Philippines, Taiwan, Malaysia and Brunei.

The tribunal found it had authority to hear seven of Manila's submissions under UNCLOS and China's decision not to participate did "not deprive the tribunal of jurisdiction."

The Chinese government, facing international legal scrutiny for the first time over its assertiveness in the South China Sea, would neither participate in nor accept the case, Vice Foreign Minister Liu Zhenmin told reporters.

"The result of this arbitration will not impact China's sovereignty, rights or jurisdiction over the South China Sea under historical facts and international law," Liu said.

"From this ruling you can see the Philippines' aim in presenting the case is not to resolve the dispute. Its aim is to deny China's rights in the South China Sea and confirm its own rights in the South China Sea."

The Philippine government welcomed the decision.

Solicitor General Florin Hilbay, Manila's chief lawyer in the case, said the ruling represented a "significant step forward in the Philippines' quest for a peaceful, impartial resolution of the disputes between the parties and the clarification of their rights under UNCLOS."

Bonnie Glaser, a South China Sea expert at the Center for Strategic and International Studies in Washington, called the outcome "a major blow for China given that the opinion explicitly rejects China's arguments that … the Philippines has not done enough to negotiate the issues with China."

The United States, a treaty ally of the Philippines that this week challenged Beijing's pursuit of territorial claims by sailing close to artificial islands China has constructed in the South China Sea, welcomed the decision, according to a senior US defense official.

"It shows that judging issues like this on the basis of international law and international practice are a viable way of, at a minimum, managing territorial conflicts if not resolving them," the official said, speaking on condition of anonymity.

Another US official said the tribunal's decision undercut China's claims under the so-called nine-dashed line that takes in about 90 percent of the 3.5 million square kilometer (1.35 million square mile) South China Sea on Chinese maps.

This vague boundary was officially published on a map by China's Nationalist government in 1947 and has been included in subsequent maps under Communist rule.

"You can't say that the nine-dashed line is indisputable anymore because by acknowledging jurisdiction here the court has made clear that there is indeed a dispute," said the official, who asked not to be named. "To my mind, this announcement drives a stake through the heart of the nine-dash line."

The court's rulings are binding, although it has no power to enforce them and countries have ignored them in the past.

'Questionable Claims'

Nevertheless, the decision keeps the spotlight on China.

"Today's ruling is an important step forward in upholding international law against China's attempts to assert vast and, in my view, questionable claims in the South China Sea," said John McCain, chairman of the US Senate's armed services committee.

On Thursday during a visit to Beijing, German Chancellor Angela Merkel suggested China go to international courts to resolve its rows over the South China Sea.

In a position paper in December, China argued the dispute was not covered by UNCLOS because it was ultimately a matter of sovereignty, not exploitation rights.

UNCLOS does not rule on sovereignty but it does outline a system of territory and economic zones that can be claimed from features such as islands, rocks and reefs.

The court said it could hear arguments including one contending that several South China Sea reefs and shoals were not important enough to base territorial claims on.

On seven other submissions, including that China had violated the Philippines' sovereign right to exploit its own territorial waters, the court said it would reserve judgment about jurisdiction until it had decided the merits of the case.

No date has been set for the next hearings.

The Permanent Court of Arbitration was established in the Netherlands in 1899 to encourage peaceful resolution of disputes between states, organizations and private parties. China and the Philippines are among its 117 member countries.

The post In Defeat for Beijing, Hague Court to Hear South China Sea Dispute appeared first on The Irrawaddy.

Amnesty Accuses Australia of Paying People Smugglers

Posted: 29 Oct 2015 10:57 PM PDT

Protesters react as they hold placards and listen to speakers during a rally in support of refugees in central Sydney, Australia, on Oct. 19, 2015. (Photo: Reuters)

Protesters react as they hold placards and listen to speakers during a rally in support of refugees in central Sydney, Australia, on Oct. 19, 2015. (Photo: Reuters)

CANBERRA, Australia — Amnesty International used full-page ads in Australian newspapers on Thursday to accuse border protection officials of illegally paying people smugglers and endangering lives in their efforts to prevent asylum seeker boats from reaching Australia.

The London-based human rights group's extraordinary advertising campaign in Australia's largest cities of Sydney and Melbourne followed the release of a report on Wednesday condemning the government's highly secretive Operation Sovereign Borders, a flotilla that has all but stopped asylum seeker boats.

The government has rejected the report and denied any wrongdoing.

Former Prime Minister Tony Abbott, who counts stopping the boats among the greatest achievements of the government he led for two years until September, used a speech in London this week to urge Europe to employ similar methods to stem the flow of migrants.

Amnesty claims that Australian officials were "complicit in a transnational crime" in May when they paid people smugglers US$32,000 to take a boat carrying 65 asylum seekers bound for New Zealand to an Indonesian port. Amnesty said this could constitute illegally funding human trafficking.

"Our Australian officials operate in accordance with domestic Australian law and in accordance with our international obligations," Foreign Minister Julie Bishop told reporters.

Australia's Fairfax Media reported in June that an Indonesian police investigation had concluded smugglers had been paid more than $30,000 to take a boat loaded with asylum seekers back to Indonesia.

Government ministers at the time denied that the Australian Border Force and defense officials ever paid money to people smugglers. But that denial did not extend to intelligence officials, who are understood to pay criminal informants for information. The government says it never comments on intelligence or security issues.

Don Rothwell, an Australian National University expert on international law, said that if Australian officials had paid traffickers, they had broken the law.

However, if the money was paid by intelligence officers, the attorney-general would have to authorize any prosecution under Australian law, he said.

"The potential for prosecutions under Australian law … would appear rather remote," Rothwell said.

Amnesty also accuses Australia of endangering 65 asylum seekers by forcing them from a well-equipped boat onto overcrowded boats with inadequate fuel for their journey back to Indonesia.

Among other allegations, Amnesty said that Australian officials beat asylum seekers when turning their boats back toward Indonesia.

Thousands of asylum seekers have flown from Africa, Middle East, Central and South Asia to Indonesia to board rickety fishing boats for the voyage to Australia.

The post Amnesty Accuses Australia of Paying People Smugglers appeared first on The Irrawaddy.

National News

National News


Stabbed NLD candidate faces long recovery as party calls for swift investigation

Posted: 30 Oct 2015 02:18 AM PDT

A National League for Democracy candidate stabbed at a campaign event in Yangon last night is facing a four-month recovery period during which he will be unable to move his hands, his wife has told The Myanmar Times.

After 2010 fraud, advance vote concerns remain in Kayah State

Posted: 30 Oct 2015 12:48 AM PDT

In 2010, shortly before the November 7 election, U Tun Shwe, a local administrator and Union Solidarity and Development Party official from Chigwe village, Bawlakhe township, was given an unusual task: Place a tick on blank ballot forms next to the USDP logo.

UN rights envoy raises election credibility fears

Posted: 30 Oct 2015 12:48 AM PDT

The special rapporteur on human rights in Myanmar yesterday told one of the United Nations highest-level bodies that she is not convinced the coming election will be free and fair.

Advance polling kicks off

Posted: 30 Oct 2015 12:48 AM PDT

Advance voting got under way yesterday for those unable to cast a ballot in their constituencies on polling day next weekend, many of whom are soldiers and civil servants.

Released documents detail Rakhine State persecution

Posted: 30 Oct 2015 12:47 AM PDT

Broadcaster Al Jazeera yesterday released a cache of documents detailing the persecution of Muslims in Rakhine State, including an internal UN memo and confidential military training manuals.

NLD denied permit for rally next to Shwedagon

Posted: 30 Oct 2015 12:47 AM PDT

Daw Aung San Suu kyi has been denied permission to hold a campaign rally on November 1 at People's Park next to Yangon's Shwedagon pagoda, the site of her first mass address in August 1988 when she announced her arrival on the political scene to a crowd of hundreds of thousands.

Security forces nab activist

Posted: 30 Oct 2015 12:44 AM PDT

A prominent student activist has been arrested, police confirmed yesterday, after he spent almost eight months in hiding following the March 10 crackdown at Letpadan.

Net freedom downgraded amid arrests, restrictions

Posted: 30 Oct 2015 12:44 AM PDT

Internet freedom in Myanmar deteriorated over the past year as the government reverted to old ways to curb criticism ahead of the elections, a new report by Freedom House has found.

NLD tells UEC of violence fears

Posted: 30 Oct 2015 12:44 AM PDT

The National League for Democracy fears election day may not go smoothly, and yesterday raised concerns over vote rigging as well as campaign-related violence in Kachin State.

Korean factory owner locks out strike leaders

Posted: 30 Oct 2015 12:28 AM PDT

The Korean owner of the troubled World Jin garment factory has refused to accept an agreement reached to end industrial strife there, claiming it was signed under duress.

Thursday, October 29, 2015

The Irrawaddy Magazine

The Irrawaddy Magazine


Legal Team Finds ‘Strong Evidence’ of Rohingya Genocide in Arakan State

Posted: 29 Oct 2015 06:04 AM PDT

 Muhammad Ali, a 54-year-old Rohingya man suffering from tuberculosis for over a year, at a camp for internally displaced people in Sittwe, Arakan State, April 24, 2014. (Photo: Reuters)

Muhammad Ali, a 54-year-old Rohingya man suffering from tuberculosis for over a year, at a camp for internally displaced people in Sittwe, Arakan State, April 24, 2014. (Photo: Reuters)

RANGOON — A legal analysis has found "strong evidence" that genocide is being committed against the Rohingya Muslim minority in western Burma's Arakan State, prompting a call for the United Nations to intervene.

A 78-page report, published on Thursday by the Lowenstein International Human Rights Clinic (LIHRC) at Yale Law School for the NGO Fortify Rights, concludes that actions and inactions by the government of Burma satisfy the criteria of genocide as defined by the 1948 Genocide Convention.

The report, based on three years of research produced by Fortify Rights, is the first to apply international law to the situation in Arakan State, also known as Rakhine, where an estimated 1.1 million Rohingya Muslims are denied citizenship and subjected to widespread discrimination.

Examining the government's treatment of the minority since Burma's independence from British colonial rule in 1948, the LIHRC found evidence of consistent rights abuses that have continued into the current reform period, which began when President Thein Sein's quasi-civilian government took office in 2011.

Titled "Persecution of the Rohingya Muslims: Is Genocide Occurring in Myanmar's Rakhine State? A Legal Analysis," the report presents historical context and new documentation of abuses committed against the minority before outlining the relevant legal criteria of genocide.

While LIHRC does not conclude definitively that genocide has occurred in Arakan State, the report suggests that the state could be responsible for either committing or failing to prevent a genocide and recommended that the United Nations establish a commission of inquiry to investigate, determine whether the crime has occurred, identify perpetrators and suggest means of ensuring they are held accountable.

"The acts committed against the Rohingya, individually and collectively, meet the criteria for finding acts enumerated in the Genocide Convention and have been perpetrated against a protected group," the report reads, referring to the convention's definition of "groups," "acts" and "intent" requisite to the crime.

"Allegations of genocide should not be taken lightly," Matthew Smith, executive director of Fortify Rights, said in a press statement on Thursday. "Rohingya face existential threats, and their situation is worsening. Domestic remedies have failed. It's time for the international community to act."

Burma's Rohingya population is not recognized by the government as an ethnic group, referred to instead as "Bengali" and viewed as illegal immigrants. While many have lived within Burma's borders for generations, they have long faced obstacles to acquiring legal documents and changes to citizenship criteria in 1982 have rendered them stateless.

In 2012, riots that began in central Arakan and soon spread throughout the state disproportionately affected Rohingya communities, leaving more than 140,000 confined to camps for internally displaced persons (IDPs). Conditions in the camps and restrictions on movement applied to the Rohingya population at large contributed to tens of thousands of Rohingya fleeing the country by boat to seek asylum in neighboring countries.

Those departures, as well as a growing number of migrants leaving Bangladesh in search of economic opportunity, ultimately led to a migration crisis that reached its zenith earlier this year when thousands of people were abandoned at sea amid a crackdown on human trafficking syndicates.

"The plan of the government is to finish our people, to kill our people, but they cannot kill us all by the bullet," read the testimony of a Rohingya man interviewed by Fortify Rights. "But what they can do is deny food and medicine, and if the people don't die, they will leave the country. The government has used a different option to kill the people."

The post Legal Team Finds 'Strong Evidence' of Rohingya Genocide in Arakan State appeared first on The Irrawaddy.

Four Years On, Still No Justice for Sumlut Roi Ja

Posted: 29 Oct 2015 04:21 AM PDT

Dau Lum with his wife, Sumlut Roi Ja, a Kachin woman who was abducted on Oct. 28, 2011. (Photo: Dau Lum)

Dau Lum with his wife, Sumlut Roi Ja, a Kachin woman who was abducted on Oct. 28, 2011. (Photo: Dau Lum)

On Oct. 28, 2011, Sumlut Roi Ja was harvesting corn on her family's land when she, her husband and her father-in-law were abducted by Burma Army soldiers. The two men managed to escape, dodging bullets and running through thick hillside vegetation, but Roi Ja was not so lucky.

Four years later, Roi Ja has yet to return, and her family believes she never will. The then-28-year-old ethnic Kachin mother is largely believed to have been raped and murdered, as witnesses had informed the family about one year after her disappearance.

Roi Ja and her family were believed to have been abducted by a number of troops belonging to Burma Army Light Infantry Battalion 321 near the town of Loi Jel in northern Burma's Kachin State. The incident occurred just months after the breakdown of a 17-year ceasefire agreement between the Kachin Independence Organization (KIO) and the Burmese government, and has become an oft-cited example of the tragic fallout that civil war and military impunity has had on ethnic communities.

Dau Lum, Roi Ja's husband, sought justice for his young wife at every level of Burma's judiciary, ultimately bringing her case—Dau Lum vs. Lt-Col Zaw Myo Htut, commander of LIB 321—to the Supreme Court. The suit was dismissed due to lack of evidence in March 2012, and her family has lost all hope of reprisal.

Later that year, various civil society groups began to take up the cause. The Kachin Women Association of Thailand (KWAT) sent a letter to President Thein Sein pleading with him directly to re-open the case, but no action followed. Roi Ja's family has appealed to the Kachin State chief minister, the district governor, the commander of LIB 321 himself, all to no avail.

The case struck a deep and resonant chord among many of Burma's ethnic minority communities, particularly Kachin people affected by war. Roi Ja is, sadly, among a long list of women who suffered abuse by the Burma Army, which typically enjoys impunity in conflict areas.

Burma Army troops have been repeatedly implicated in sexual violence; KWAT has documented no less than 74 cases of sexual assault allegedly committed by Burmese soldiers since 2011, during the so-called reformist era led by Thein Sein. KWAT secretary Seng Zin told The Irrawaddy that most of those cases were resolved in military courts, beyond the reach of public scrutiny.

One such case, which caught the attention of the international media and drew criticism from all angles, was the alleged rape and murder and two young Kachin teachers in northern Shan State in January of this year, also widely believed to be the work of Burma Army troops. The government promised an investigation into the horrendous incident, but no one has yet been held responsible.

"There are many cases that are far worse than that of Sumlut Roi Ja," lawyer Mar Khar, who represented Dau Lum, told The Irrawaddy on Thursday, "but only with the help of her family were we able to bring her case to the highest court."

One of the major obstacles to justice in conflict-affected areas is fear of retribution; many villagers who have suffered abuse or losses are afraid to speak out because they believe their families will be subjected to further abuse.

Roi Ja's courageous family is not alone in their suffering, nor are they alone in their futile search for fairness. No one has yet been held accountable for the death of freelance journalist Aung Kyaw Naing, also known as Par Gyi, who was killed in the custody of the Burma Army late last year. Likewise, the abduction and death of Kachin villager Ung Sau Tu Ja earlier this year is also unresolved.

As another year goes by and Roi Ja's daughter grows up without her, her family refuses to stand down. Roi Ja, while lost, remains an immortal reminder of the human cost of Burma's civil war and its people's hunger for justice.

The post Four Years On, Still No Justice for Sumlut Roi Ja appeared first on The Irrawaddy.

Internet Freedom Stalls after Prosecutions, Govt Interference

Posted: 29 Oct 2015 04:12 AM PDT

Buddhist monks sit at an internet cafe in Rangoon. (Photo: Soe Zeya Tun / Reuters)

Buddhist monks sit at an internet cafe in Rangoon. (Photo: Soe Zeya Tun / Reuters)

RANGOON — Four years since the beginning of political reforms, a nascent move towards internet freedom in Burma has stalled in the wake of military and political pressure on users, according to a new report from Freedom House.

The US-based human rights watchdog's annual 'Freedom of the Net' report, released on Wednesday, said that authorities had taken a heavy-handed approach to the publishing of online material during protests, clashes between the military and ethnic armed groups, and in the lead-up to the Nov. 8 general election.

"Myanmar's failure to remove restrictive punishments for online content occurred in the context of a deliberate government campaign to marginalize balanced and dissenting voices," the report stated. "Tactics included economic pressure on independent media, manipulative political commentary, and tacit encouragement of nationalistic hate speech against the Muslim minority."

Covering the period between June 2014 and May of this year, Freedom House noted that despite recent liberalization of the sector, a number of military and government-linked figures retained significant financial stakes in telecommunications companies.

In the months following the report period, the country has seen a number of high profile arrests under the country's telecommunications laws.

Chaw Sandi Tun, 25, is before the courts in Irrawaddy Division over a post which implied that military personnel had refashioned their uniforms to match the clothes worn by opposition leader Aung San Suu Kyi, while 43-year-old Kachin peace activist Patrick Kum Jaa Lee has been detained for sharing a picture of a man stepping on a portrait of Burma Armed Forces chief Snr-Gen Min Aung Hlaing.

Critics of the prosecutions pointed to the government's failure to take action over social media posts that incited religious hatred, along with arguably defamatory posts authored by figures connected to the ruling Union Solidarity and Development Party.

Burma ranks on par with Thailand on the report's annual scale of internet freedom. Following that country's May 2014 coup, Freedom House noted an increase in the number and severity of sentences handed down for insulting the Thai monarchy, while access to some foreign media outlets and the websites of political activists and human rights NGOs has been blocked.

Vietnam, the worst performing regional country on Freedom House's index, had 29 online activists imprisoned by the end of May, with a further eight arrested or charged for "abusing democratic freedom to infringe on state interests."

Globally, Freedom House said that internet freedom had waned for the fifth year running, with 14 of the 65 countries surveyed enacting new internet surveillance laws and a number of governments using arrest, detention, intimidation and torture to coerce users to delete content.

The post Internet Freedom Stalls after Prosecutions, Govt Interference appeared first on The Irrawaddy.

Burma Army Launches Midnight Attack on SSA-N Headquarters

Posted: 29 Oct 2015 04:05 AM PDT

Damage to a Wan Hai village home after an overnight mortar attack on Thursday. (Photo: Nang Seng Nom / The Irrawaddy)

Damage to a Wan Hai village home after an overnight mortar attack on Thursday. (Photo: Nang Seng Nom / The Irrawaddy)

WAN HAI VILLAGE, Shan State — The military barraged the Wan Hai village headquarters of the Shan State Army-North (SSA-N) shortly after midnight on Thursday, with more locals fleeing the area overnight.

No casualties were reported, but a house and car were damaged during the mortar bombardment, according to SSA-N spokesman Lt-Col Sai La.

"Yesterday, we managed to reclaim an important stronghold," he told The Irrawaddy, referring to SSA-N efforts on Wednesday to capture the nearby Kong Lin hill. "Perhaps because (the military) are angry with that, they attacked us at midnight with mortar fire. They fired eight shells and a house in the village center was hit, while the rest fell into farms."

Sai La said his forces had sent a letter to Dr Sai Mauk Kham, chairman of the government's Union Peacemaking Working Committee, asking him to intervene to end the conflict. The SSA-N has yet to receive a response, and Sai La said he was concerned that clashes that began at the beginning of October would escalate further.

Most villagers in Wan Hai have fled to nearby Pan Lauk village after the attack. Nan Kham, a Wan Hai local, said the SSA-N had asked villagers to leave their homes in anticipation of further attacks.

Renewed clashes broke out between the Shan State Army-North and government troops on Oct. 6, after the ethnic armed group rejected a request to vacate their strategic port base in Tar San Pu village. More than 3,000 people are believed to have fled their homes in Kyethi and Mong Hsu townships in the following weeks.

The Shan State Progressive Party (SSPP), the political wing of the SSA-N, signed a bilateral ceasefire agreement with the government in February 2012. In the years since, there have been hundreds of minor skirmishes between the military and the insurgent group. The two sides have clashes 15 times in October and the SSA-N have surrendered at least 10 strongholds over the course of the current military offensive.

The post Burma Army Launches Midnight Attack on SSA-N Headquarters appeared first on The Irrawaddy.

Woman Faces Additional Charge in Facebook Defamation Trial

Posted: 29 Oct 2015 03:46 AM PDT

Chaw Sandi Tun at Maubin Township Court in Irrawaddy Division on Tuesday. (Photo: Aung Aung Kyaw / Facebook)

Chaw Sandi Tun at Maubin Township Court in Irrawaddy Division on Tuesday. (Photo: Aung Aung Kyaw / Facebook)

A young woman brought to trial in Irrawaddy Division after sharing a satirical post online deemed insulting to the military faces an additional defamation charge, the woman's mother told The Irrawaddy on Tuesday.

Chaw Sandi Tun appeared in Maubin Township Court on Tuesday where she was notified of an additional charge being brought against her under Article 500 of the Penal Code, a defamation clause, in addition to an existing charge under Article 66(d) of the Telecommunications Law.

Prosecutors have reportedly dropped the original charge filed under Article 34(d) of Burma's Electronic Transactions Law.

Twenty-five-year-old Chaw Sandi Tun, also known as Chit Thami, is charged in relation to a photo collage shared online of Aung San Suu Kyi wearing a green traditional htamein, a female longyi, alongside Commander-in-Chief Snr-Gen Min Aung Hlaing and other military service personnel in newly redesigned uniforms.

The post compared the new military garb to the apparel of the renowned opposition leader, who chairs the National League for Democracy (NLD) and once served nearly two decades of house arrest under the former military junta.

"Today, she was charged under Article 500 of [Burma's Penal Code] for defamation against the commander-in-chief," Daw Ei San, the mother of the accused, told The Irrawaddy on Tuesday.

"Initially, they filed a suit against my daughter under Article 34(d) of the Electronic Transactions Law, that then changed to Article 66(d) [of the Telecommunications Law]."

At least three other people are currently facing defamation charges under Article 66(d) for content shared to social media site Facebook.

Patrick Khum Jaa Lee, the husband of renowned Kachin peace activist May Sabe Phyu, was arrested earlier this month over a Facebook post deemed to defame the Burma Army. He remains in custody after his second court hearing was deferred on Tuesday.

Another incident involves a member of the ruling Union Solidarity and Development Party (USDP) accused of defaming opposition leader Aung San Suu Kyi.

A third case was filed against a 23-year-old activist who shared a poem that suggested he had a tattoo of the president on his penis.

The post Woman Faces Additional Charge in Facebook Defamation Trial appeared first on The Irrawaddy.

Student Leader Kyaw Ko Ko Arrested After Months in Hiding

Posted: 29 Oct 2015 02:42 AM PDT

 Kyaw Ko Ko, president of the All Burma Federation of Student Unions (ABFSU). (Photo: JPaing / The Irrawaddy)


Kyaw Ko Ko, president of the All Burma Federation of Student Unions (ABFSU). (Photo: JPaing / The Irrawaddy)

RANGOON — A leader of Burma's student movement that was that brutally crushed earlier this year was apprehended by police in Rangoon on Thursday after spending more than seven months in hiding.

The All Burma Federation of Student Unions (ABFSU) announced in the early afternoon that the group's president, 34-year-old Kyaw Ko Ko, had been arrested near San Pya market in Thingangkun Township.

Speaking to The Irrawaddy by phone on Thursday, ABFSU spokesperson Aung Nay Paing said the fugitive was found, arrested and taken away police, but the group did not know his current whereabouts.

"He was detained by plainclothes police near San Pya Market at noon when he went out alone," Aung Nay Paing said, explaining that Kyaw Ko Ko was allowed to borrow an officer's cell phone to inform his peers of the arrest.

Kyaw Ko Ko was a central figure in a stuent protest movement that began late last year against a new National Education law.

The movement gained traction in early 2015, and culminated in a brutal police crackdown on March 10, when officers were seen surrounding and indiscriminately beating students, supporters and journalists outside a monastery in Letpadan, Pegu Division.

More than 100 people were arrested during the crackdown, and about 60 are still in custody awaiting trial for various offenses including rioting, incitement and causing harm to a public servant.

Kyaw Ko Ko, who was not present at Letpadan, led a similar peaceful demonstration in Rangoon on the same day, fleeing the scene as police arrived to break up the march.

The sudden arrest came a day after the Myanmar National Human Rights Commission (MNHRC) called for the release of all political prisoners—including all students and their supporters still awaiting a verdict—ahead a Nov. 8 general election.

The Assistance Association for Political Prisoners (AAPP) issued a similar request last week, calling on the government to immediately release all political prisoners and put an end to the arrest of opposition party supporters.

According to AAPP, more than 560 people are either serving prison sentences or facing trial for charges deemed to be politically motivated.

The post Student Leader Kyaw Ko Ko Arrested After Months in Hiding appeared first on The Irrawaddy.

China Indicts Former Senior Provincial Official for Graft

Posted: 28 Oct 2015 10:32 PM PDT

  Communist Party Secretary of Hebei province Zhou Benshun speaks at a session of the National People's Congress (NPC) in Beijing on Mar. 7. (Photo: Reuters)

Communist Party Secretary of Hebei province Zhou Benshun speaks at a session of the National People's Congress (NPC) in Beijing on Mar. 7. (Photo: Reuters)

BEIJING — China has indicted the former Communist Party boss of the northern province of Hebei on suspicion of bribery, the state prosecutor said on Thursday.

The official, Zhou Benshun, previously had worked with China's disgraced one-time domestic security chief, who was jailed for life in June after a secret trial in China's most sensational graft scandal in 70 years.

As the party boss in Hebei, Zhou was the top official in the province surrounding Beijing and China's most important steel producer.

The prosecutor said Zhou was subject to "coercive measures," a term which normally refers to detention. He was sacked in July and accused of "serious breaches of discipline and the law," a euphemism for corruption.

The prosecutor provided no further details and it was not possible to reach him for comment. It is also unclear if Zhou has a lawyer. The party's corruption watchdog handed his case over to legal authorities earlier this month.

The Hebei city of Zhangjiakou this year won the right to host the 2022 Winter Olympics along with Beijing. Zhou had attended meetings of the bid committee.

Zhou became party chief in Hebei in 2013. He had worked for five years in the Central Politics and Law Commission as its secretary general, under Zhou Yongkang, the domestic security chief jailed in June.

The two are not related despite sharing a family name.

President Xi Jinping, who doubles as party and military chief, has pursued a relentless campaign against deep-rooted corruption since assuming power three years ago, vowing to go after powerful "tigers" as well as lowly "flies."

The post China Indicts Former Senior Provincial Official for Graft appeared first on The Irrawaddy.

El Nino Drought Poses Poverty Challenge for Indonesia

Posted: 28 Oct 2015 10:24 PM PDT

 Indonesian President Joko Widodo speaks at the US Chamber of Commerce dinner in Washington on Oct. 26. (Photo: Yuri Gripas / Reuters)

Indonesian President Joko Widodo speaks at the US Chamber of Commerce dinner in Washington on Oct. 26. (Photo: Yuri Gripas / Reuters)

KARANG JATI, Indonesia — On a dry and dusty sports field in central Java, Indonesian men dressed as traditional warriors take turns to battle with wooden staves, while village women crowd around, chanting: "All farmers let us pray that rain comes and washes our sorrow away."

As in many parts of Java, Indonesia's main rice-growing island, seasonal rains are late coming to Karang Jati. A drought caused by the El Nino weather pattern, which scientists say could be the worst on record, means fields are fallow weeks after they would normally be sown. So the villagers have turned to a rainmaking ritual to hasten the planting season.

Crop failures caused by an El Nino drought presage more pain for Southeast Asia's largest economy, which is already growing at its slowest pace in six years, by squeezing incomes, fanning inflation and pushing more people into poverty.

All this piles pressure on Joko Widodo, Indonesia's first president from humble origins, who made poverty reduction a priority but has seen it swell across this archipelago of 250 million people since he took office a year ago.

The number of people officially classed as poor actually rose in the first six months of his presidency to 28.6 million in March from 27.7 million in September 2014.

Twenty of Indonesia's 34 provinces are currently stricken by severe drought, according to the meteorology agency.

The World Bank says that if there is a severe El Nino this year, rice production will fall by 2.1 million tons, or 2.9 percent, and rice prices will rise by 10.2 percent.

That price rise will hit the poor hardest because they spend more of their income on food than the well off.

"Reduced agricultural incomes and higher prices could be devastating for poor households," the Bank said in a report, adding that rice imports may be needed if El Nino intensifies.

'No Rain, No Money'

Widodo has provided more funds for cash transfers and social schemes, but so far has refused to sanction rice imports, keen that Indonesia should be self-sufficient in food.

"We are not talking about imports," Finance Minister Bambang Brodjonegoro told Reuters in a recent interview. "We are trying to make sure the domestic stocks are available and accessible."

Other countries at risk of an El Nino drought, such as the Philippines, have taken advantage of low global rice prices to boost stocks with foreign imports.

Such measures at least cap inflation if crops fail, though they mostly benefit people in towns who consume rice, rather than the farmers who produce it—all they can do is pray for the weather to change.

"Our paddy fields depend on rainwater, so if there is no rain we suffer," said Darijan, a 60-year-old farmer in central Java who has started selling his soil to brick-makers to make ends meet.

Agriculture accounts for nearly 14 percent of Indonesia's gross domestic product, the highest among Southeast Asia's five main economies. One-third of the labor force works in farming, and more than half of poor households live off the land.

"What is very important…to the poverty numbers is rice production and rice prices," Steven Tabor, the Asian Development Bank's head in Indonesia, told a recent conference. "And the beginnings of El Nino seem to suggest that we may be in for rising poverty toward the end of the year."

As the drought drags on, Karang Jati's farmers such as 70-year-old Rohadi Rustam are anxious.

"If there's no rain, we have no money," he said, sitting by his sun-cracked fields. "That's how we farmers live."

The post El Nino Drought Poses Poverty Challenge for Indonesia appeared first on The Irrawaddy.

Cambodia’s PM Condemns Attacks on Lawmakers, Rails at Opposition

Posted: 28 Oct 2015 10:07 PM PDT

 Cambodia's Prime Minister Hun Sen is seen on a television in a Phnom Penh restaurant as he delivers a speech on Wednesday evening. (Photo: Samrang Pring / Reuters)

Cambodia's Prime Minister Hun Sen is seen on a television in a Phnom Penh restaurant as he delivers a speech on Wednesday evening. (Photo: Samrang Pring / Reuters)

PHNOM PENH — Cambodia’s prime minister on Wednesday condemned a violent assault on two opposition parliamentarians as “cheap” and unforgivable and took aim at political rivals for stirring tensions with street protests that hurt the country’s image.

In a rare televised address, Hun Sen called for calm and said those who dragged the lawmakers out of their cars and kicked them on the ground following a rally on Monday would be brought to justice.

“We can’t tolerate and forgive those who committed this,” he said.

“Regardless of who they are—whether they are supporters of the Cambodian People’s Party (CPP), the royal government, the opposition party—whoever committed this cheap act must be punished.”

The two Cambodia National Rescue Party (CNRP) lawmakers were attacked after a demonstration by supporters of the ruling CPP outside the national assembly.

The address follows the collapse in July of a fragile truce between the two main parties, in which the CPP agreed to a series of concessions in return for the CNRP ending its yearlong parliamentary boycott.

Hun Sen has been central to a war of words with the CNRP and criticized the party for staging protests during his recent visits to Paris and the United Nations in New York, which he said lacked “honor and dignity”.

The CNRP’s rallies, he said, may have influenced the demonstration at parliament by his own supporters, noting that they had dispersed long before the lawmakers were beaten.

“They (the attackers) were not the crowd of protesters, where are they from?” he said. “Whatever. I order today, no matter wherever they are from, they must be arrested and prosecuted.”

The CNRP accuses Hun Sen of ceding sovereign territory to historic foe Vietnam, the latest attempt to portray him as a stooge of Hanoi, which riles him.

Hun Sen has ruled Cambodia for three decades and has recently engaged in some sabre-rattling of his own, warning a CNRP victory in a 2018 election would see a return to civil war.

Hun Sen’s address on Wednesday was uncharacteristically short at 11 minutes. His speeches are unpredictable and can go on for longer than five hours.

He has typically used events like university graduation ceremonies and the launching of infrastructure projects to talk politics and lambast his critics, including the United Nations.

The post Cambodia’s PM Condemns Attacks on Lawmakers, Rails at Opposition appeared first on The Irrawaddy.