The Irrawaddy Magazine

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• Five Monks Cleared of Insulting Religion in Long-Running Mahasantisukha Monastery Case
• Child Trafficking Fears Grip Mon State Communities
• ATM Card Scammer Nabbed in Rangoon
• Govt, NLD Form Power Transfer Committees
• China and Burma: A New Government and a New Era?
• Three Men Convicted in “Fabricated” Gang Rape Case in India’s Kolkata
• Thai Human Trafficking Investigator Flees to Australia
• Debate on Separate Spouse Surnames Heats up before Japan Court Ruling
• Law Aimed at Muslims in Burma Strikes Buddhist Targets
• Time for a Genuine Commitment to Rule of Law
• Information Czar Makes Case for Staff in Event of Ministry’s Abolition

Five Monks Cleared of Insulting Religion in Long-Running Mahasantisukha Monastery Case Posted: 11 Dec 2015 03:58 AM PST London Sayadaw was seen at Rangoon Division's Bahan Township Court in July 2014. (Photo: JPaing / The Irrawaddy) RANGOON — Rangoon's Eastern District Court on Thursday dismissed a charge of insulting religion brought against five Buddhist monks in a long-running case that stems from a controversial raid on a monastery in June 2014. The charge was dismissed against the five resident monks of Tamwe Township's Mahasantisukha Monastery in Rangoon Division on the grounds that the plaintiff, Sein Maw, who is head of the divisional Religious Affairs Department, had failed to appear in court on multiple occasions. The case relates to an overnight raid by authorities, in cooperation with the government-backed Buddhist clergy council, the State Sangha Maha Nayaka, on the Mahasantisukha Monastery in June 2014, leading to the arrest of several monks and over two-dozen laymen. The monastery had been at the center of an ownership dispute since the early 2000s, broadly pitting the revered abbot U Pyinnya Wuntha, who claims ownership of the monastery, against the state-backed Sangha and the Ministry of Religious Affairs. The five monks were charged with insulting religion under Article 295(a) of Burma's Penal Code alongside an additional charge of disobeying the orders of the Sangha under a 1990 law governing the religious body. Only the former charge was dismissed at the court hearing—the 40th in the long-running case—on Thursday. Speaking to The Irrawaddy on Friday, one of the accused, U Ottara, also known as London Sayadaw, said the defendants welcomed the court's decision as they had not committed the offence. "We [agreed with] the law enforcement in this case as the Court decided according to the law without taking anyone's side," the monk said. Defense lawyer Thein Win said the decision was a positive step in the case with another hearing scheduled at Tamwe Township Court for Dec. 18. "Our side has a favorable position now and thus we will continue to defend this until the end of the case," he said. The accused monks are U Ottara, U Pannasara, U Tejinda, U Thonedara Thiri and U Nandira. The post Five Monks Cleared of Insulting Religion in Long-Running Mahasantisukha Monastery Case appeared first on The Irrawaddy.

Child Trafficking Fears Grip Mon State Communities Posted: 11 Dec 2015 03:49 AM PST A boy from Mon State washes himself after working on the Thai side of the border in Sangkhlaburi on Feb. 19, 2012. (Photo: Reuters) RANGOON — Local residents in at least two Mon State townships are on edge amid a series of child disappearances that are being chalked up to human trafficking, with both vigilante and police arrests in recent days as concerned communities seek answers and rumors swirl. At least eight people were briefly detained on Thursday night for suspected involvement in child trafficking in Thanbyuzayat Township, but police released them the following morning after determining that they were innocent, according to Mon sources. Kyaw Min Aung, an ethnic Mon and a local reporter from the township's Than Lwin Times, said he heard that locals in three of the township's quarters had sought to track down suspected child traffickers. In the quarter where Kyaw Min Aung is resident, Jarkham, eight people were detained by local residents and handed over to police, while it remains unclear whether searches in the other two quarters had turned up alleged traffickers. Kyaw Min Aung said that according to a police investigation clearing them of any wrongdoing, the eight detained individuals were from Upper Burma and had made their way to Mon State to work in the paddy fields there. Since last month, there have been at least five child disappearances in Thanbyuzayat Township, the local journalist told The Irrawaddy, while adding that when he went to talk to police in the town on Friday morning, they claimed only one case had formally been filed with authorities. Nai Mang, another reporter from the Moulmein-based Independent Mon News Agency, said the New Mon State Party (NMSP) also detained three suspected child traffickers on Monday in Mudon Township, where local residents of Yin Taung village first apprehended the three individuals before handing them over to troops from the NMSP, an ethnic armed group. "Those three people pretended to be dentists and came to the village and asked the people if they wanted teeth treatment. The villagers asked them to show their dental licenses, but then they could not show them, and [the villagers] detained them," he said. A female villager from Yin Taung told The Irrawaddy that the NMSP had also released the trio of dentist impersonators after failing to find compelling evidence linking them to human trafficking. Nai Mang said last month he was showed the abandoned corpse of a child on a rubber farm in Thanbyuzayat Township, but the owner of the plantation was afraid that the crime would be tied back to him, and so did not inform police of the grisly find. "It was hard to know why the child was killed. The trafficker may have taken a kidney and killed the child, or they may have done something else to the child," Nai Mang said. "We should have informed the police, but the plantation owner was afraid of doing this because the dead body was found abandoned in his plantation. So, he kept quiet on this. We don't even know where the child came from." The post Child Trafficking Fears Grip Mon State Communities appeared first on The Irrawaddy.

ATM Card Scammer Nabbed in Rangoon Posted: 11 Dec 2015 03:27 AM PST A Cooperative Bank ATM in downtown Rangoon. (Photo: Steve Tickner / The Irrawaddy) RANGOON — A Bulgarian national, wanted since last year for fraudulently withdrawing money from ATMs with cloned bank cards, was finally detained and charged by police on Thursday. Rangoon Division police colonel Win Bo told The Irrawaddy on Friday that the man had withdrawn 492 lakhs from ATMs in Rangoon and Mandalay over the last month and was arrested in Rangoon's City Star Hotel with the money on hand. "We were informed last month that a Bulgarian had tried to withdraw money from ATM machines at Junction Square. He escaped that time, but we were able to obtain CCTV pictures," Win Bo said. "We've been trying to arrest him since then and got information yesterday that he was staying at City Star. Now we've filed the case at Kamayut police station." "Most of the money was taken out from Kanbawza Bank machines. We're still examining what he has done," Win Bo said. This latest development is part of a broader series of separate ATM scams operating across Rangoon. One British citizen and two Indian citizens were detained last year on Nov. 22 and charged with attempting to use cloned ATM cards in the city. Rangoon police detained one Bulgarian citizen on Dec. 13, but his accomplice, arrested on Thursday, managed to elude police. It is estimated that the duo stole 25.2 million kyats (US$24,400) in 58 separate transactions across six local banks using cloned Visa, MasterCard and Maestro cards. This wave of fraudulent transactions has convinced the eight private banks currently accepting international cards to clamp down on security regarding international cards over the course of this past year. Pe Myint, managing director of the Cooperative Bank, told The Irrawaddy that his bank had raised its ATM security after Visa and MasterCard cautioned the bank to improve its technology in order to guard against fraud. "We've worked hard to increase the security of our machines. That's why I can say that this will not happen again next year," Pe Myint said. Zaw Lin Htut, chief executive of the Myanmar Payments Union, which administers Burma's sole domestic card-based payment system, told The Irrawaddy that several major international banks were upping their security to combat the a global increase in fraudulent transactions, and he urged local banks currently accepting international cards to follow suit. "There are many cases of fraud happening around the world. That's why Visa and Master are taking greater security measures. This would be a good time for local banks to do the same," Zaw Lin Htut said. He added that all accounts affected by fraud had come from outside of the country. The post ATM Card Scammer Nabbed in Rangoon appeared first on The Irrawaddy.

Govt, NLD Form Power Transfer Committees Posted: 11 Dec 2015 02:36 AM PST President Thein Sein arrives at Rangoon's Thuwanna Stadium in 2013. (Photo: The Irrawaddy) RANGOON — The outgoing administration of President Thein Sein and the National League for Democracy (NLD) have formed separate committees to map out the transfer of responsibilities to the next government. Zaw Htay, director of the President's Office, told The Irrawaddy that the current government's committee had been formed on Thursday to work over the transition period up to the inauguration of the next government at the end of March, following the NLD's emphatic election win on Nov. 8. "First, we will hold meetings as quickly as we can and discuss details on how to arrange for the transition," he said. The government's committee members include Union Minister Hla Tun as chairman, Information Minister Ye Htut, President's Office members Zaw Htay and Hla Tun, and Construction Ministry deputy director-general Maung Maung Ohn. Meanwhile, the NLD's team will be comprised of the party's central executive committee members Win Htein and Dr Myo Aung, along with former Rangoon University rector Dr Aung Thu. Win Htein told The Irrawaddy that the NLD committee’s first meeting will take place next week during the current parliamentary session in Naypyidaw. Thein Sein and NLD leader Aung San Suu Kyi met on Dec. 2 to hold discussions which largely focused on how both the government and the opposition would ensure a peaceful transfer of power to the incoming NLD government. The president agreed at the meeting to make efforts to ease public concerns over the transition. The post Govt, NLD Form Power Transfer Committees appeared first on The Irrawaddy.

China and Burma: A New Government and a New Era? Posted: 11 Dec 2015 01:55 AM PST Chinese President Xi Jinping shakes hands Aung San Suu Kyi during their June 11 meeting at the Great Hall of the People in Beijing. (Photo: China Daily / Reuters) With the National League for Democracy's (NLD) landslide victory in the November elections, China expects a new page in Burma's domestic politics and foreign policy under the new government, which is to be inaugurated at the end of March 2016. The NLD's yet-to-be-clarified policy direction has led to a major sense of uncertainty in the Chinese policy community, giving rise to heated discussion about whether—and if so, how—China should once again adjust its policy toward Burma. While the change of government does not alter China's overall goals with respect to its southern neighbor, China nonetheless hopes to start a new era in its relations with Burma. For the foreseeable future, however, the details of China's policy will be determined by the positions and policies of the NLD government.  China's Complicated Relationship with Suu Kyi China's relationship with NLD leader Aung San Suu Kyi was largely suppressed under the military government. It was a decision of expediency and necessity, given the political reality of Burma between 1990 and 2011. When the NLD won in the 1990 elections, the then Chinese ambassador was among the first to send her a letter of congratulations. The military government, which rejected the results of the election, apparently did not take kindly to China's initiative toward the NLD, and China recalled its ambassador from Rangoon between mid-1990 and July 1991. To avoid a similar situation during the 2010 elections, China left the ambassador position open from September to late December. During the two decades of military rule in Burma , Beijing minimized contact with Suu Kyi and the NLD out of consideration for the military government's sensitivity. As a result, Chinese diplomats, officials, scholars and businesses had almost no relationship with the democratic opposition. This policy was cost free: the NLD and Suu Kyi had little influence over Burma's domestic and foreign policy decision processes under the military government, and China could pursue its political and economic agendas by working with the government alone. Lack of contact with Suu Kyi and NLD therefore did not present a major problem for China in the past. But with the political reform adopted by the Thein Sein government since 2011, Suu Kyi's reemergence and prominence in Burma's domestic politics made the absence of relations with the NLD no longer a sensible or practical strategy. China therefore took pains to build ties almost from scratch. Since 2011, three consecutive Chinese ambassadors (Li Junhua, Yang Houlan and Hong Liang) have met regularly with Suu Kyi, and Chinese officials, scholars, journalists and businesses have frequented NLD headquarters in Rangoon. Chinese authorities invited several NLD delegations to China to build relations, display the achievements of the Chinese government and express their desire to maintain a friendly relationship with Burma. A 'Normalization of Relations'  While acknowledging the important role of Suu Kyi and the NLD and pursuing the policies necessary to establish a positive and healthy relationship, China has nonetheless maintained a sense of uncertainty about her intentions. On the one hand, there is concern that she might harbor some resentment against China for its steadfast support of the military government that held her under house arrest for 15 years. On the other, her democratic credentials, her status as a Nobel Peace Prize laureate, and her presumed close relationship with the United States and other Western countries all lead to a sense of foreboding in China about her future positions and policies. People worry that she might, either through her own initiative or a sense of obligation, demonstrate support for the democratic movement in China. They worry that she might at a minimum sympathize with and support fellow Nobel Peace Prize laureates such as democracy activist Liu Xiaobo and the Dalai Lama and. Last but not least, they worry that Suu Kyi will be ardently pro-West, pursuing policies that are essentially detrimental to China's interests. In the past four years, Suu Kyi appears to have demonstrated that she understands these Chinese concerns. So far, she has done and said all the right things, remaining graceful and respectful in her meetings with Chinese dignitaries. In bilateral and other public occasions, she has openly committed herself and the NLD to a friendly policy toward China, vowing to build a good relationship. The investigation committee for the Letpadaung copper mine project, which she chaired, approved the continuation of the joint venture despite opposition from local residents and Burmese society in general. On issues that China prioritizes, such as ethnic conflict on the border and Chinese commercial projects across Burma, her position (or rather the lack of a position) has made her at a minimum an acceptable Burmese politician for China. All these factors combined to culminate in normalization of relations between China and Suu Kyi during her visit to China in June 2015, filling a critical blank in both her foreign policy credentials and China's policy toward Burma. The two sides seem to have demonstrated that they can move beyond ideological differences and narrow personal preferences to work well together as partners in pursuit of common interests. This visit signifies both the maturing of China's policy toward Myanmar and Suu Kyi's pragmatism as a politician. China and Thein Sein  There is no denying that the Thein Sein government has made many impressive political and economic achievements in the past five years. Nevertheless, entrenched problems are abundant and persistent. In the case of China, despite the official insistence by both sides that the bilateral relationship is healthy, positive and expanding, the reality is that Sino-Burmese relations have been on an abnormal, problematic trajectory since the suspension of the Chinese-backed Myitsone Dam in September 2011. China bears deep grievances about its troubled economic projects in the country, feels unfairly penalized for its relationship with the military government by the current pseudo-democratic government and considers itself victimized by Burma's political transition. Furthermore, it has been frustrated by the Burmese government's reluctance to cooperate with China's strategic initiatives and profoundly disturbed by the Burma Army's audacity in attacking Chinese territory during its conflicts with ethnic minorities on the border. Uncertainty about Burma's adjustment of its alignment between China and the US has presented another major problem from Beijing's perspective. While the Chinese would like to believe that Burma will maintain a policy of strict nonalignment and balanced diplomacy, the rapidly growing presence and influence of the United States and its allies, such as Japan, in Burma's politics and national economy has further undermined China's confidence and enhanced its sense of vulnerability. These perceived problems and challenges have strongly affected China's policies toward Burma since 2011. The annual approved foreign direct investment from China has dropped from 8.2 billion USD in the peak year of 2010-11 to merely 56 million USD in 2013-14. Although the amount climbed back somewhat to 516 million last year, it still remains puny in comparison with the past. China is still Burma's largest trading partner, with bilateral trade increasing 150% from 10 billion USD to 25 billion USD between 2013 and 2014. However, the largest factor in this trade has been a 446% hike of Burma's exports to China due to a single project—the Sino-Burmese gas pipeline, which started pumping in mid-2013. Under the political pressure of this uncertainty, China has felt compelled to strengthen its strategic leverage over Burma on different issues, leading to the accusation by some Burmese officials in October that China had been meddling in the peace process and prevented certain groups from signing the national ceasefire agreement. The NLD's Future China Policy  When they take office in March the NLD will inherit many problems with China from the current Thein Sein government. However, the inauguration of the NLD government may also be an opportunity to start a new era in Burma's relationship with China. The Thein Sein government has always had a public opinion problem, stemming from past military dependence on China and crony relations with Chinese companies, leading it to feel compelled to cater to anti-China sentiment in order to bolster its popularity. In comparison, the NLD will operate from a position of strength domestically and will start with a clean slate in relations with China. It will therefore be in a better position to make policy decisions based on the objective merits of specific projects or issues related to China, allowing it to treat China rationally and pursue avenues of cooperation on a practical basis without emotional or historical baggage. This does not mean that Suu Kyi and the NLD will say yes to China's requests, but when they do say no, it will be more likely to be based on a fair and transparent judgment based on Burma's national interests rather than on vested interests. Suu Kyi's initial statements on China have indicated she will go in this direction in the future. In an interview with China's Xinhua News Agency after winning the elections, she promised a friendly policy, but emphasized that Chinaese investments should be designed to gain the trust of the Burmese people. She also reportedly praised China's One Belt One Road initiative, expressing the hope that it would benefit all sides. These messages have been welcomed in China. After all, at this stage, China is no longer expecting preferential treatment from Burma but rather hopes to be treated fairly and equally. China's Future NLD Policy China still enjoys overwhelming influence in Burma, representing more than just a formidable force to be reckoned with. Its presence and influence can be felt in almost all walks of life in Burma. The change of government in Burma does not alter China's strategic pursuits in the country. China still wishes to press development of its infrastructure and connectivity projects through the country to the Bay of Bengal. It still needs a tranquil and stable border. And it still competes with the US for influence in the country. In this context, China will initiate its relations with an NLD government by demonstrating cooperative intentions with friendly overtures. It is more than likely to offer the new government financial capital, aid projects and even assistance in the peace process. However, in 6-12 months, China will also demand responses on certain issues critical to China. This would include a final resolution to the suspended Myitsone Dam project, a clear decision on the development of the Kyaukphyu special economic zone, and agreements on the series of One Belt and One Road projects, such as the Sino-Burmese highways and the Irrawaddy River land-water joint transportation program. China will closely observe the development of peace negotiations with ethnic armed groups, especially with those in northern Burma along the Chinese border. Now that Suu Kyi has vowed to lead the peace process, many observers are hoping that her unique background and popular strength might bring more confidence to the ethnic minorities in the process and therefore break the impasse. China understands very well that a peaceful and unified Burma would serve China's broader interests, since the conflicts in northern Burma are the most immediate obstacles blocking China's economic and strategic programs. If Suu Kyi is capable bringing a lasting peace, China is unlikely to sabotage the process. While China has a lot to offer Burma's political and economic development, its olive branch does come with certain conditions. Although specific terms might be negotiable, China will demand Burma's genuine cooperation on the economic projects listed above. China will also want the NLD government to "respect" China's national interests when working with Western countries, especially the United States. Balanced diplomacy is easier said than done. Even though Suu Kyi has not always had smooth relations with the West, Beijing is likely to react strongly to anything short of a clear middle way approach. Suu Kyi and NLD should not expect that China will abandon its relationship with other political forces in Burma, including the USDP, the military and the cronies of the junta-era. After all, no one can be completely certain about the country's political future, and it makes perfect sense for China to maintain good contacts with all potential parties. The lesson of picking either or any side in Burma has proven costly and Beijing is unlikely to repeat the same mistake. After 20 years of unbalanced ties under the military government and five years of turbulent corrections under the Thein Sein government, China and Burma are standing at a historic moment with a genuine opportunity to make their relationship truly normal. It will require supreme political wisdom, courage and leadership from both governments. Neither will get everything they want, but both will benefit from dialogue and cooperation. China should understand that an NLD government will be more responsive to the people's will and accept the new political reality in Burma. The next government, for its part, should work to rally popular support behind its policies into the future, since that is the last thing China can defeat with coercion or economic inducements. Yun Sun is a senior associate with the East Asia program at the Henry L. Stimson Center and a non-resident fellow with the Brookings Institution. A version of this article was originally published in Asia Times Online on Dec. 8 The post China and Burma: A New Government and a New Era? appeared first on The Irrawaddy.

Three Men Convicted in “Fabricated” Gang Rape Case in India’s Kolkata Posted: 10 Dec 2015 08:36 PM PST Women try to enter the women' compartment of a crowded train heading toward Delhi at Noli Railway Station in Utter Pradesh, November 10, 2012.  (Photo: Navesh Chitrakar / Reuters) KOLKATA, India — A court in eastern India convicted three men on Thursday of raping a 37-year-old woman in a case which sparked outrage after a senior politician said it was fabricated to malign the government. Suzette Jordan was offered a lift by five men as she left a night club in Kolkata city's Park Street in February 2012. She was gang-raped inside the moving car for several hours before being thrown out onto the street. Despite conservative attitudes which often blame the victim for rape, the single mother of two daughters chose to reveal her identity in order to give courage to others—winning praise from gender rights activists around the world. She died in March after contracting meningitis. Public prosecutor Sarbani Roy said Interpol notices had been issued for two other accused who were still on the run. "The magistrate pronounced the judgment today, he will announce the quantum of punishment tomorrow. I am happy for our victory and sorry for the conviction," Roy told reporters in Kolkata, West Bengal state's capital city. Under Indian law, the minimum sentence for gang rape is 10 years' imprisonment. Opposition political parties called on West Bengal Chief Minister Mamta Banerjee to apologize after she claimed in 2012 that Jordan's reporting of the rape was false and politically motivated to tarnish the government's reputation. Banerjee welcomed the verdict in the case, which has come to be known as the "Park Street Rape," but made no mention of her previous comments. "It is a good judgment, I welcome it," Banerjee was quoted as saying in local media. The post Three Men Convicted in "Fabricated" Gang Rape Case in India's Kolkata appeared first on The Irrawaddy.

Thai Human Trafficking Investigator Flees to Australia Posted: 10 Dec 2015 08:28 PM PST Security forces are seen at an abandoned camp in a jungle some 300 meters from the border with Malaysia, in Thailand's southern Songkhla province on May 2, 2015. (Photo: Reuters) SYDNEY — Thailand's highest-ranking police investigator in charge of human trafficking has fled to Australia, telling Australian media on Thursday that he feared for his life after his findings implicated "influential people" at home who want to silence him. Police Maj. Gen. Paween Pongsirin told the Australian Broadcasting Corp. and the Guardian Australia newspaper that he was too afraid to return to Thailand and planned to seek political asylum in Australia. A photograph showed him standing on the banks of the Yarra River in Melbourne, where he said he had arrived a few days ago. It was the first sighting of Paween in weeks, following unconfirmed reports in Thai media that he had fled. His Thai mobile phones were switched off and he could not be reached for comment. Australia's Department of Immigration and Border Protection said it is unable to comment on individual asylum cases for privacy reasons. It said in a statement that "All claims for protection are assessed on their individual merits in accordance with Australia's domestic legislation and obligations under international treaties and the Refugees Convention." Paween headed a high-profile task force created earlier this year after the discovery of 36 bodies and shallow graves in the mountains of southern Thailand in May. The finding exposed a network of jungle camps run by traffickers, who human rights groups have long said worked in complicity with corrupt Thai officials, a claim authorities in Bangkok had routinely denied. Thailand vowed a crackdown and put Paween in charge. Dozens of people were arrested, including local politicians in southern Thailand, government officials, police and a senior army officer. Paween told The Guardian that he faced pressure not to pursue the perpetrators too enthusiastically. His investigation was disbanded in September after five months, although it was far from finished, he said. Soon after, he was abruptly transferred to an insurgency-plagued region of southern Thailand despite his protests that he would be targeted by traffickers and senior police involved in the trade. He quit his job and fled, he said. Asked who halted the probe, Paween said, "Influential people involved in human trafficking." He did not name anyone, but added: "Human trafficking is a big network that involves lots of the military, politicians and police. While I was supervising the cases, I was warned all along." Paween's comments are bound to embarrass Thailand's military government, which has promised to rid the country of traffickers and corruption. The US State Department in July said it was keeping Thailand on its human trafficking blacklist, and retained Thailand's Tier 3 ranking, the lowest level in its annual Trafficking in Persons report. The ranking designates Thailand as a country that has not made sufficient progress in tackling human trafficking. The post Thai Human Trafficking Investigator Flees to Australia appeared first on The Irrawaddy.

Debate on Separate Spouse Surnames Heats up before Japan Court Ruling Posted: 10 Dec 2015 08:15 PM PST Translator Kaori Oguni, 41, walks down steps after an interview in Tokyo, Japan, December 3, 2015.  (Photo: Thomas Peter / Reuters) TOKYO — Instead of spending the days before her wedding happily planning for the big day, Kaori Oguni was agonizing over the prospect of losing her maiden name and with it, she felt, part of her identity. Oguni is one of five people suing the government of Japan, the only country in the Group of Seven with a law requiring spouses to adopt the same surname. The women say the law is unconstitutional and violates married couples' civil rights, and are demanding compensation. "By losing your surname … you're being made light of, you're not respected… It's as if part of yourself vanishes," said the 41-year-old translator. A decision by the Supreme Court, due on Dec. 16, coincides with Prime Minister Shinzo Abe's push to draw more women into a shrinking workforce. Despite that, many in his conservative ruling party are opposed to any legal change. An 1896 law says spouses must adopt the same surname to legally register their marriage. The law does not specify which one, but in practice, 96 percent of women take their husband's name, a reflection of Japan's male-dominated society. Conservatives say allowing couples to choose whether they share the same surname or not could damage family ties and threaten society. "Names are the best way to bind families," Masaomi Takanori, a constitutional scholar, told NHK public television. "Allowing different surnames risks destroying social stability, the maintenance of public order and the basis for social welfare." Others say it is time for a change. "The world is more oriented towards individuals now," said Shunsuke Serizawa, a social commentator on gender and family roles. "Separate surnames is a natural extension." Many working women face the hassle of juggling two names—their maiden name for professional use and their legal, married name, required on official documents. "If changing surnames is so easy, why don't more men do it?" said Oguni. "The system is one that says, basically, 'if you're not willing to change, you shouldn't be getting married.'" Some couples opt not to register their marriage so they can keep separate names, an option taken by opposition Social Democratic Party lawmaker Mizuho Fukushima and her partner. Doing so, however, creates legal headaches including complications over parental and inheritance rights. Oguni took her husband's name legally but uses her maiden name professionally. Two previous courts ruled against the women. Public opinion is divided. A poll by the liberal Asahi Shimbun newspaper last month found 52 percent in favor of being able to choose and 34 percent against. Support for the option of separate surnames is much higher among younger people. Kyoko Tsukamoto, another plaintiff who goes by her maiden name, has been with her husband since 1960 and married him when their first child was born so the child would be legitimate. They then divorced, and remarried to have another child but her husband refused a second divorce. "I was born Tsukamoto, and I want to die Tsukamoto," the 80-year-old said. The post Debate on Separate Spouse Surnames Heats up before Japan Court Ruling appeared first on The Irrawaddy.

Law Aimed at Muslims in Burma Strikes Buddhist Targets Posted: 10 Dec 2015 06:15 PM PST A woman holds a child as she shops for food at a shop in Kanhla village, an area outside Rangoon, on Aug. 30, 2014. (Photo: Reuters) RANGOON — T's husband ended their relationship with a simple text message. "He said, 'I don't want to be with you anymore. I'm going with her because she's better than you.' What can I say?" T said, looking down at the table. The 26-year-old, who requested anonymity, was devastated. They'd been married for two years, and had been friends for 10. He left her for a woman he met via the Viber messaging app a few months earlier. "I wanted to try my best to save the marriage. I didn't want to be known as a divorcee in society," she said, tears welling up in her eyes. The sole breadwinner, T had used her earnings from selling fresh goods at the market to buy him a motorcycle, a mobile phone and a gold necklace. He took them all. She turned to ward authorities, all of them male, whose responsibilities include supervising social affairs and resolving local disputes. "They told me there was nothing they could do, that it's very common. That last comment made me really angry," recounted T, a slight woman with long black hair and traditional thanaka makeup on her cheeks. Her neighbors were not much help either. They sniggered at her for failing to keep her husband, she says. Faced with unsympathetic officials in a male-dominated and socially conservative culture, T, like dozens of women in Burma, found an unlikely ally in the controversial new Monogamy Law, which criminalizes extramarital affairs and polygamy. Those found guilty could be imprisoned for up to seven years, and the defendant is denied bail. "It's good there is such a law. In fact you can even say such a law is long overdue," she said. T's husband left her in March and lawyers say the law, enacted on Aug. 31, cannot be applied retrospectively, but she says she is determined to find a way. "I'm going to file a complaint. I'm not going to let him get away with it," she said, her jaw set. The Monogamy Law was the last and the slimmest of four "race and religion protection laws" enacted after lobbying by nationalist Buddhist monks who claimed Burma and its women were under threat from Islam. The law has fired the imagination of ordinary citizens, although perhaps not in the way its backers had originally intended. Between Sept. 1 and Dec. 7, 29 complaints under the law were filed in Rangoon alone, the country's commercial capital, according to figures from the Yangon Police Force. The vast majority of them concerned Buddhist men. Three cases are against women. 'Rabbit Trap Catching Cats' Women's rights groups had often said existing laws governing marriage, divorce and personal relationships, which date back to British occupation in the 19th century, were outdated, unclear and poorly enforced. Under the Penal Code, the colonial-era primary legislation on violent crimes, legal sanctions already exist for polygamy but adultery is narrowly defined—only a man who has sexual intercourse with the wife of another man is deemed to have committed the offense. Yet rights activists say the four "race and religion protection bills" are not the solution and are in fact designed to discriminate against Muslims in the predominantly Buddhist country. The laws enjoyed swift passage in Parliament and were endorsed by President Thein Sein. Anyone criticizing them received threats from the powerful Patriotic Association of Myanmar, better known by its Burmese acronym Ma Ba Tha. The new government, which will take over next year, will inherit the laws, which are already proving to have unintended consequences. The Monogamy Law was intended to "preserve the sanctity of marriage, to safeguard from the danger of Jihadi Muslims who are marrying many women in an effort to establish a Muslim nation, and for women to avoid the problem of polygamy," U Wirathu, a leading Ma Ba Tha monk, recently wrote in the group's journal. With the overwhelming majority of men charged under the Monogamy Law being Buddhist, however, Burma's lively social media now describe the impact of the law with a traditional Burmese saying:  "The trap was set for rabbits but caught cats instead." Politically Motivated? In the run-up to the Nov. 8 elections, Ma Ba Tha openly campaigned against the National League for Democracy after NLD lawmakers objected to the bills. Even after the NLD's landslide win, the group has warned the party not to abolish or amend these laws. Phyu Phyu Thin, an NLD lawmaker, was one of those who objected to the law. "People are now talking about how the law was aimed at one thing but affecting another thing. Laws have to be consistent and not violate people's human rights," said the Lower House MP. "It felt like [the laws] were enacted with a political purpose but using women as an excuse." The Monogamy Law states that it applies to everyone living in Burma, including foreign nationals married to Burmese citizens. It prohibits a married person from entering a second marriage or "unofficially" living with another person while still married. Anyone can file a complaint, and punishment for violations include loss of property rights upon divorce for the guilty party, up to seven years in prison and a fine. Robert San Aung, a well-known lawyer, noted that cases under the law had been opened even before the relevant by-laws have been issued. "Normally, by-laws are required before a law can be enforced and there are no by-laws yet for the Monogamy Law," he told Myanmar Now in a telephone interview. Rights groups say adultery is not an issue to be tackled by the criminal justice system and have questioned whether the government should interfere in private affairs. "I personally support the idea of monogamy but the issue of adultery exists not just in Myanmar and in our time, but in every country, culture, race and religion. It's about individual choice and morality. … It doesn't make sense to ban this through laws," said May Sabe Phyu, director of Gender Equality Network (GEN) in Burma. Human Rights Watch pointed out that legal provisions that criminalize consensual sexual relations between adults, regardless of marital status, violate the right to privacy. A United Nations working group on discrimination against women also said in 2012 that adultery should not be a criminal offense. Yet for women such as T, the law could offer much needed protection in a society that celebrates men's virility, with popular sayings such as "A good man attracts a thousand women," and "If a tree is strong, 10,000 birds can take refuge there." Avoiding sexual misconduct is one of the five moral precepts Buddhists are supposed to live by, but it is a duty often ignored by Burmese men. K, a 48-year-old woman from western Burma, was married for seven years before her husband left her and married another woman, already pregnant with his child, in August. "My husband learned from his cousins and uncles who behaved the same way. They showed him he could get away with it," she said. K only learned of the law's existence from women rights activists after agreeing to a divorce, she said. She may not be able to use the law as her husband left her days before it came into force. "If I could, I'd like to send all of them to jail to set an example." This story originally appeared on Myanmar Now. The post Law Aimed at Muslims in Burma Strikes Buddhist Targets appeared first on The Irrawaddy.

Time for a Genuine Commitment to Rule of Law Posted: 10 Dec 2015 05:07 PM PST Author Htin Lin Oo, sentenced to two years' imprisonment in a notorious "religious offence" case, outside the Chaung-U Township court on June 2. (Photo: Teza Hlaing / The Irrawaddy) The world observes Human Rights Day on 10 December to mark the momentous strides in international human rights law since the adoption of the Universal Declaration of Human Rights (UDHR) in 1948. In Myanmar, recent political changes have been both momentous and transformative. Nonetheless, what was proclaimed by the UDHR as the "equal and inalienable rights of all members of the human family", continue to be infringed upon by the arbitrary and highly subjective interpretation and application of laws, some of them dating back to British colonial times. Successive governments in Myanmar have used overly broad or vaguely defined laws to curtail freedom of expression that is protected under international law. They often invoke the justification, typically inappropriately, of protecting national security, or to prevent public disorder or avoid outraging the religious feelings of a class. None of these efforts have served or can serve to address or respond to sectarian and religious violence. On behalf of the International Commission of Jurists (ICJ), I have observed trials of those arrested and detained on criminal defamation charges for their Facebook posts that allegedly defame either the Tatmadaw or a political leader. One of the laws used to charge the accused is the Penal Code, first drafted in 1860. The ICJ released a briefing paper last month highlighting how the enforcement of Myanmar's defamation laws can result in violations of a number of international laws and standards protecting human rights, and also have an overall chilling effect on the freedom of opinion and expression and freedom of assembly in the country. Various provisions of the Penal Code have been used in the past to criminalize free expression and peaceful demonstrations and imprison activists and hundreds of political dissidents, such as popular political satirist Zarganar. Just last week, authorities arrested and charged five men under Section 505b of the Penal Code with "causing fear or alarm to the public" after they published a calendar referring to Myanmar's persecuted Muslim Rohingya as an official ethnic minority. The Myanmar government refuses to recognize the Rohingya as citizens, claiming that they are "illegal" migrants from neighbouring Bangladesh. The accused have been reportedly re-arrested despite pleading guilty to publishing materials that could "damage national security" and paying a fine of one million kyat. Others in Myanmar face criminal sanctions simply because their acts of expression were perceived to be at odds with particular interpretations of Buddhism, Myanmar's majority religion. Section 295a, enacted by colonial authorities in 1927 to curb communal tension, states that, "deliberate and malicious intention of outraging the religious feelings of any class by insulting its religion or religious beliefs" shall be punished with imprisonment, or with fine, or with both. In Myanmar, courts have convicted individuals in the absence of evidence of any deliberate and malicious intent to insult a religion. In late 2008, several activists, including monks and nuns, were imprisoned with hard labour on 295a charges. Earlier this year, Htin Linn Oo, a writer and National League for Democracy information officer, was sentenced to two years imprisonment with hard labour under 295a for publicly questioning the Buddhist credentials of those using Buddhism to incite violence. A Buddhist himself, he earned the wrath of nationalist monks who demanded a tougher punishment outside the District Court, which rejected his appeal, reportedly stating it "should not interfere" with the lower court's decision. Interestingly, the translated version of a court order in another 295a case in Myanmar shows no regard whatsoever to any evidence of a "deliberate and malicious intent to insult a religion" as required under the charge. It may be that the defendant had caused offence to some within the Buddhist community. But did he commit a crime punishable under Section 295a? The UN Human Rights Committee established by the International Covenant on Civil and Political Rights (ICCPR)—a treaty which carries many of the principles of the UDHR into international law—emphasizes that "Prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant". The only limited exception under the Covenant would be for proportionate and non-discriminatory measures to prohibit "advocacy of…religious hatred that constitutes incitement to discrimination, hostility or violence". Section 295A falls far short of this threshold. (The ICCPR has 168 state parties, but Myanmar is not one of them, despite its pledge to consider international recommendations during the UN Universal Periodic Review to become one.) The Rabat Plan of Action, an outcome of a four-year initiative by the UN Office of the High Commissioner for Human Rights, has underscored that States should ensure that the three part test for restrictions of freedom of expression—legality, proportionality and necessity—also applies to cases of incitement to hatred. Article 20 of the ICCPR requires this high threshold because limitation of speech must remain an exception and must be "provided by law, be clearly and narrowly defined to serve a legitimate interest, and be necessary in a democratic society to protect that interest." The ICJ has observed and documented the pre-trial and trial phases of some of these cases and has concluded that they violate international standards of fair trial. Hearings sometimes last less than five minutes and bail has been denied repeatedly to an accused suffering from poor health. These are indicative of the struggles of Myanmar's judiciary in adjudicating politically sensitive cases with impartiality and competence. These prosecutions undermine the rule of law in Myanmar and shed light on how Myanmar laws are inconsistent with human rights, including freedom of opinion and expression, freedom of thought, conscience, and religion, and the right to equality before the law without discrimination. Prosecutors must act in the interests of justice, drop charges inconsistent with human rights and not push for cases without sufficient evidence to back the charges. The government and the parliament also play critical roles in drafting, amending and repealing laws to anticipate and account for the possibility of aggravated discrimination, and to prevent the entrenchment of institutionalized social intolerance. Former UN High Commissioner for Human Rights Navi Pillay has described the freedom of expression as "among the most precious and fundamental of our rights as human beings." That means respecting the rights of others to their opinions. Myanmar must cultivate respect for the rule of law. Those arbitrarily and unfairly languishing behind bars deserve justice. Calling for their release is a duty for all those who believe in the right to freedom of opinion and expression.  Vani Sathisan is the Yangon-based International Legal Adviser for the International Commission of Jurists. The post Time for a Genuine Commitment to Rule of Law appeared first on The Irrawaddy.

Information Czar Makes Case for Staff in Event of Ministry’s Abolition Posted: 10 Dec 2015 11:44 AM PST Outgoing Information Mister Ye Htut speaks to reporters in Rangoon on Thursday. (Photo: JPaing / The Irrawaddy) RANGOON — Burma's Information Minister Ye Htut on Thursday urged the incoming National League for Democracy (NLD) government to give due consideration to the careers and livelihoods of his 7,000 subordinates as the party looks at bureaucratic reforms that could well see his ministry axed. Speaking to reporters in Rangoon, Ye Htut acknowledged that the policy of the next government would determine the future of the Ministry of Information, including whether its three state-run daily newspapers as well as TV and radio broadcasters would continue to exist. About 3,000 of the ministry's 7,000 employees work for its various media enterprises, according to the outgoing minister, who also serves as presidential spokesman. "I think the NLD government will implement a credible and reliable media," he said, referring to state-owned news outlets, "with no hesitation to criticize the government and without bias." Ye Htut said he hoped that any decision to radically shakeup or outright dismantle the Ministry of Information would include plans for the smooth transition of its staff, either to other civil service positions or alternative employment. Responding to another reporter's question, he said that even though the NLD has stated its openness to appointing cabinet members from other parties, he would not consider returning to his current post if offered the job next year. Explaining his decision, Ye Htut said ministers should have familiarity with their chief executive's way of thinking and vision for governance, as he said he has shared with current President Thein Sein. "One thing I am sure of is that I will not be a minister anymore," he said, adding: "My wife has ordered me to stay at home for at least six months." Myint Kyaw, a member of Burma's Interim Press Council, suggested that the country's three state-run dailies might be one institutional legacy of the former junta that could be abolished, given that they compete with private newspapers for readership in a financially difficult market with significant advantages in terms of distribution networks and funding. He agreed with Ye Htut's call for a measured approach to reforms involving the Information Ministry, however, noting that personnel should be transferred to other roles within the civil service where possible. As is the case in other democracies, state-owned broadcasters could be spared, Myint Kyaw said, citing their potential to fill a programming void on subjects related to ethnic, women's and children's issues that are in the public interest, but which private media houses often deem commercially unpalatable. San San Htwe, a staff officer at the state broadcaster MRTV's Rangoon bureau with about 20 years' experience in journalism, said she would accept the new government's reforms and would not complain if transferred to another ministry, while also sounding a cautionary note. "If the rearrangement of the new government makes my professional experience irrelevant, I will be in a trouble because everything will be new for me," she said. Currently, state-owned newspapers the Global New Light of Myanmar, Myanma Alin and The Mirror, along with MRTV and other broadcasters, earn millions in profits every year, Ye Htut said. In its party manifesto, the NLD said streamlining the apparatus of state through the elimination or consolidation of some ministries would be one of its priorities, in an effort to improve efficiency and cut down on government spending. Since its landslide Nov. 8 victory, there has been no indication from the party about which ministries might be candidates for the chopping block, though Ye Htut's comments on Thursday could indicate an understanding of the increasingly anachronistic space his ministry occupies in the wake of the NLD triumph at the polls. Information ministries and state mouthpieces in the mold of the Global New Light of Myanmar are typically associated with authoritarian governments, the antithesis of the kind of rule the NLD has pledged to bring to Burma. The post Information Czar Makes Case for Staff in Event of Ministry's Abolition appeared first on The Irrawaddy.

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