Monday, February 1, 2016

The Irrawaddy Magazine

The Irrawaddy Magazine


Questions Raised Over Thai-Backed Coal Power Plant in Mon State

Posted: 01 Feb 2016 05:11 AM PST

Mon State locals protest the planned construction of a 1280-megawatt coal-fired power plant at Inn Din village on May 15, 2015. (Photo: Tin Htet Paing / The Irrawaddy)

Mon State locals protest the planned construction of a 1280-megawatt coal-fired power plant at Inn Din village on May 15, 2015. (Photo: Tin Htet Paing / The Irrawaddy)

RANGOON — A Thai cement factory in Mon State is allegedly building a coal-burning power plant on-site without informing locals or authorities, according to rights activists concerned about the project's potential environmental effects.

The factory, situated near the Zami River—an important water source for at least five villages in the area—is owned by Mawlamyine Cement Limited (MCL), a subsidiary of Siam Cement Group (SCG).

The coal plant on MCL factory's premises reportedly has a 20-megawatt generating capacity and will also rely on the Zami's water for its operations.

"We need to investigate…to check if this could harm our local people," said Nai Kethara, an ethnic Mon monk and a leading member of Protection Environment, an organization in Kyaikmayaw Township, where the factory is located.

Aung Naing Oo, a recently re-elected member of the Mon State parliament who has previously worked on environmental issues, said that SCG had only informed authorities of its intentions to build a cement factory in Kyaikmayaw; they did not mention plans to construct a coal-burning facility as well.

"They did not inform our parliament or our government about plans to build this coal power plant," he said, pledging to investigate the situation further.

Nai Kethara said it was local security guards who told him of the construction of the power plant, which was reportedly kept secret even from MCL's own employees.

"They did not inform the locals. We only knew about it once they were already done… they did not even let factory workers know that they built this coal power plant," he added.

Protection Environment members have started educating people in the vicinity of the power plant and factory about the potential effects of the project. About 100 villagers attended the first meeting two weeks ago.

"Our local people do not understand how this power plant could affect their livelihoods," said Nai Kethara. "If [the company] says this coal power plant will not harm us, then they need to give a guarantee or [show] how they will protect locals."

SCG reportedly cooperated with Pacific Link Cement Industries to build the Kyaikmayaw cement factory in 2014. It was planned to be fully functional by March, and would boast a production capacity of 1.8 million tons of cement per year, the firm said.

According to an SCG report, the company—one of Thailand's largest cement manufacturers—invested around $7 billion in expansion over the next five years. Fifty percent of the investment is designated toward the construction of more factories in ASEAN countries, including Burma.

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NLD Launches ‘Sharing’ Program for Poor Schoolchildren

Posted: 01 Feb 2016 05:05 AM PST

Students attend class at a school in Rangoon. (Photo: JPaing / The Irrawaddy)

Students attend class at a school in Rangoon. (Photo: JPaing / The Irrawaddy)

RANGOON — The National League for Democracy (NLD) has launched a nationwide "sharing project" aimed at providing classroom supplies to Burma's underprivileged schoolchildren, according to a statement released on Monday and signed by senior party member Nyan Win.

"As per party chairwoman Aung San Suu Kyi's 'Sharing Project,' please kindly implement the donation program of unnecessary school textbooks, uniforms and notebooks to NLD offices at respective townships, quarters or villages so that each office can share these school materials with students who are in need, and can't afford to buy [them]," reads the statement from the NLD central committee member.

The project will prioritize impoverished students in remote parts of the country and in constituencies where the NLD did not win seats in Burma's Nov. 8 general election, the statement says.

Suu Kyi expressed her concern for the struggles of poor students in a "request to the public," published in the party's D-Wave journal on Monday.

"In some villages, remote areas and areas on the outskirts, most students are having difficulties buying notebooks, school textbooks and even daily [school] uniforms. I want to fulfill their needs with the help of the public," she was quoted as saying.

"We can balance out the situation by sharing one's unnecessary things with others who are in need. I want a system that flows from people of wealth to those in need, and a system in which the whole nation can participate," she continued.

NLD executive committee members from each township and village or quarter have been instructed to inform the public of the project and collect lists of underprivileged students, with a focus on kindergarten through 11th grade.

Party chapter heads at the township- and village-level have been told to forward the lists to state and divisional NLD leaders no later than the end of March, with instructions to donate the materials to impoverished students' homes during the month of April.

NLD members from state and divisional offices will accept offerings from individuals but have also been asked to request donations from stationery shops and stores selling school uniforms, in order to meet a given township's need.

Students from areas affected by last year's widespread flooding and those who are victims of Burma's long-running civil war will also be given consideration and placed on a separate list managed by the NLD, according to the party statement published Monday.

Burma's new Parliament, the members of which are overwhelming NLD, convened for the first time in Naypyidaw on Monday. The party vowed in its election manifesto "to implement education programs which prioritize children who are physically or intellectually disabled, poor children and those from remote areas."

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New Parliament another Stepping Stone in a Long Struggle

Posted: 01 Feb 2016 04:41 AM PST

Click to view slideshow.

At the end of January, 2012, I was able to go back to Burma for the first time after living in exile for 24 years. It was the beginning of the political opening in the country under President Thein Sein and it was a privilege to be allowed back to observe the political changes firsthand.

That same year, our publication that was once banned in Burma, was allowed to operate.

During that first visit back, there were hopeful smiles on the streets but, equally, an overriding sense of caution. We drove to Naypyidaw, the city without a soul, which I saw with my own eyes for the first time.

It was a limited stay on a five-day visa but, memorably, Aung San Suu Kyi graciously accepted my request to meet. The country and people I missed so much warmly embraced me.

In Rangoon, the National League for Democracy (NLD)'s humble office was full of visitors, supporters and curious tourists.

I met the uncles who founded the opposition party and senior NLD members sitting and conversing. The late U Win Tin smiled as he explained how Suu Kyi enjoyed celebrity status in the country and beyond.

"Daw Suu's status is gigantic," he said, looking me straight in the eyes.

Win Tin always maintained a healthy distrust of the government, a stance I really respected.

Suu Kyi, I thought, was thinking slightly differently. Since her return to Burma in 1988, she met with many of the country's top military leaders and her take on them was very different from the fiery Win Tin.

The NLD was then preparing to contest the by-election in April 2012, in which the party would ultimately win all but one of the seats it contested. In the NLD office, members and volunteers were extremely busy preparing.

In August 2011, Suu Kyi was invited to meet President Thein Sein at the presidential palace. She then decided to take part in the coming by-election, despite skepticism from some among the party, including Win Tin.

Clearly, many were wary of lending underserved legitimacy to the quasi-civilian administration. However, the ever-pragmatic Suu Kyi took a gamble and decided to play by the rules of the military-backed establishment.

I could sense Suu Kyi's quiet determination when I met her in person that year. She bristled when we discussed criticism of her decision to contest the by-election. But I could clearly see she had firmly made up her mind and stood by the call.

In order to lead the country, she realized she had to work with the military, her former captors. She found new allies and partners who agreed to work with her and believed in her charismatic leadership and international stature.

One of them is Shwe Mann, a former general and the number three ranking leader in the former ruling regime.

The NLD's strong showing in April 2012 was an indicator the party would also perform well in the 2015 general election. In the end, few predicted the extent of the NLD's victory in a poll which may signal an irreversible change in the country's political fortunes.

It has been a long and bumpy ride, with the outgoing government seemingly practicing a 'one step forward, two steps back' approach to reform that caused many exiles to ponder whether they were fated to live abroad permanently.

The rise of anti-Muslim violence, renewed fighting in the country's north, and the ongoing repression of student activists, farmers and ordinary citizens, among a long list of other issues, cause many Burmese to doubt the so-called democratic transition.

But it also galvanized people to vote for change on Nov. 8.

The people thought, enough was enough, and were determined to see the back of the old regime.

However, despite the result, many remained deeply concerned over whether the transfer of power would proceed smoothly. Thus far, their worst fears have not materialized.

Last week, the final session of Parliament concluded with karaoke, dancing and laughter. On Monday, newly elected representatives of the Lower House assumed their seats for the first time.

But few are under any illusions as to the formidable challenges awaiting incoming lawmakers, 390 of whom, in the national legislature, are from the NLD. The honeymoon period will be brief. All the hard work lies ahead.

The opening of a new Parliament is a momentous day for Burma. Many will be hoping it is a stepping stone to a new, more constructive and democratic political order.

Four years on since I first returned to the country of my birth, I hope this is a moment all Burmese can grasp; a time to rebuild, reform and continue down the democratic path. It's a hopeful vision that many, including the late Win Tin, who stood fearlessly against the old regime, would welcome.

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Censorship Remains a Big Challenge for Incoming Parliament

Posted: 01 Feb 2016 04:31 AM PST

Senior NLD member Htin Kyaw at the first session of the new Parliament on Monday. (Photo: JPaing / The Irrawaddy)

Senior NLD member Htin Kyaw at the first session of the new Parliament on Monday. (Photo: JPaing / The Irrawaddy)

Burma, once ruled by one of the most repressive regimes in the world, has entered into a new era as the parliament led by the National League for Democracy (NLD) convened on February 1, 2016 for the first time.

The NLD, led by Nobel Peace Prize winner Aung San Suu Kyi, won a landslide election last November 2015 defeating the then ruling and military-backed Union Solidarity and Development Party (USDP).

But despite this recent development, old issues have remained. Among them, the continuing restrictions on free expression and press freedom.

Limited Access

Covering the sessions of the previous parliament was not that easy, journalists said.

"In the beginning, you couldn't ask questions to the lawmakers," said Aung Htet, a senior reporter of the Voice Weekly, a local publication.

"We had five minutes to enter the assembly hall. Interviews and photographs are allowed [only] during these five minutes," added Aung Htet who has been covering the parliament since 2011.

Journalists were not permitted to enter the Parliament chambers in April 2015 after photos of sleeping lawmakers were published online. The following month, journalists negotiated with Burmese officials to restore their access.

Since then, reporters in the capital Naypyidaw have to make do watching the proceedings from a television in the parliament's corridor.

"We informed the NLD about it, but (there is) no reply yet," Aung Htet said.

Other pictures, which showed members of the parliament (MP) using their tablets while at work and an army representative leaning over the desk of an absent MP to press a voting button, were also published.

Kyaw Soe, director general of the Union Parliament who handles administrative duties, cited the public release of these photos as the main reason for the rules on the conduct of the media during sessions.

The restrictions did not only apply to journalists, but also to MPs.

"USDP lawmakers had to pass censors before discussion in parliament all the time," said Thura U Aung Ko, who was ousted from his role as a central committee member of President Thein Sein's USDP.

"We can only discuss issues in accordance with the party policy," Thura U Aung Ko said on his last day as an MP on 29 January 2016.

In Transition

In the 2010 general elections, the USDP led by the ex-generals of the former junta dominated while NLD boycotted the polls.

The quasi-civilian government of President Thein Sein, a former general, restored some civil liberties including the relaxation of media restrictions. In August 2012, the authorities ended the (pre-publication) censorship regime of the local publications. This media-related development has become the linchpin of Burma's reform process, even as concerns about self-censorship and other attacks against the media continued.

Media freedom advocate groups in the country said the policy has not gone far enough to introduce a "normal" media environment under the quasi-civilian government. Radio and television licenses have yet to be liberalized; and access to information and government officials remains almost impossible.

These issues indicate that free expression and press freedom remain at a fragile stage.

NLD, on its way to becoming the main opposition party, won 43 out of the 44 parliament seats vacated by Thein Sein cabinet members during the by-elections in April 2012.

Its victory last November 2015 gave journalists hope for an improved media and press freedom landscape.

"I believe the NLD knows the role of media in the democratic transition, and will respect the right to information," said Aung Thura, a member of the Myanmar Journalist Network.

"Daw Suu has invited us to give advice related to the media situation here," he said.

Meanwhile, Suu Kyi is under criticism for blocking the party's spokesperson from talking to the media about the party policy shortly after its election victory.

Her order raised concerns whether NLD lawmakers can discuss in the parliament freely or not.

"She just restricts us before the power transfer," said Win Htein of the NLD. "Don't worry for freedom of expression in parliament as well as in the country. We respect and value the press freedom."

This article first appeared here on the Southeast Asian Press Alliance.

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Shan IDPs Face Post-Conflict Hardships

Posted: 01 Feb 2016 04:06 AM PST

 In this photo, taken in mid-November, more than 1,000 IDPs have sought shelter at the Heik Par IDP camp in Mong Hsu Township. (Photo: Nang Seng Nom / The Irrawaddy)

In this photo, taken in mid-November, more than 1,000 IDPs have sought shelter at the Heik Par IDP camp in Mong Hsu Township. (Photo: Nang Seng Nom / The Irrawaddy)

RANGOON — Displaced by fighting between the government and an ethnic armed group, about 1,600 villagers in southern Shan State are in urgent need of assistance, according to the Shan State Peace Task Force, a peace advocacy group that recently visited the affected population.

Nearly 300 households fled fighting between the Burma Army and Shan State Army-North (SSA-N) in three Mong Hsu Township villages last year and now live in neighboring villages, or have otherwise relocated to the Heik Par internally displaced person (IDP) camp. Fighting first flared in October.

Among the displaced are 355 children and 130 elderly, including a 102-year-old grandmother, along with 22 pregnant women and 24 who have recently given birth, according to Khin Moe Moe, a lawyer with the Myanmar Lawyers' Network who visited the camp and villages.

Several Shan State-based community organizations, headed by the Shan State Peace Task Force, last week visited the Heik Par camp and the three villages in Mong Hsu Township.

As part of its mission, the team collected data on the IDPs, documenting their losses and needs. After compiling the information, the task force will submit a report on the IDPs' situation to the Union Parliament through a Shan State lawmaker.

Mong Hsu Township does not have parliamentarians representing it in the newly seated Parliament, because elections were cancelled in the constituency due to fighting ahead of Burma's November general election.

Khin Moe Moe, who is also chairwoman of the Shan State chapter of the National League for Democracy (NLD), said displaced villagers are not yet able to return to their homes, some of which no longer exist.

"Their villages became battlefields between the two groups, where [land] mines still exist, so that they can't go back until they are cleared," she told The Irrawaddy. "They can't return to their livelihoods either, as their houses, corn, seeds were burned and destroyed."

Although there has been no fighting for weeks, the displaced population remains vulnerably situated between the Burma Army and SSA-N positions. The peace advocacy group's trip last week required that it pass through multiple checkpoints manned by soldiers from both sides of the conflict.

"We could only pass by Shan [SSA-N] gates by communicating in the local ethnic language," Khin Moe Moe said.

Property including motorcycles and agricultural equipment such as threshing machines was destroyed by heavy artillery fire when fighting flared last year.

An initial wave of donations has given way to more austere times as the conflict has subsided, with the Nang Kom Philanthropic Association of Mong Hsu Township, which is helping to manage the IDP camp, only able to guarantee a three-month rice ration supply.

"They will face difficulties if there are no donors in three months' time," Khin Moe Moe said.

Unlike more established IDP camps elsewhere in the country, temporary structures have been haphazardly erected by the displaced at Heik Par, and a systematic approach to the camp's management is lacking. The International Committee of the Red Cross (ICRC) initially provided 10 million kyats (US$7,700) worth of bamboo for construction of shelters for the displaced, but security concerns have since prevented the organization from returning.

The Shan State Peace Task Force was able to donate some money toward the purchase of sheet metal for roofing, but Khin Moe Moe said pressing needs remain.

"They need, mainly, construction materials before the rain comes," Khin Moe Moe said, referring to Burma's monsoon season, which usually begins in April or May.

Looking beyond the immediate needs of IDPs, Khin Moe Moe said she was worried about longer term impacts on the affected Shan ethnic minority children.

"They are already traumatized, wherein they run away if they hear Burmese, assuming Burmese soldiers are coming. This could damage relations between ethnics and [aspirations for a] federal system," she said.

The group plans to submit a rehabilitation proposal to Parliament to deal with the psychological effects of the conflict on affected civilians.

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A New Hue As Suu Kyi’s Party Enters Parliament

Posted: 01 Feb 2016 04:01 AM PST

Suu Kyi arrives in Parliament on February 1, 2016. (Photo: Hein Htet / The Irrawaddy)

Suu Kyi arrives in Parliament on February 1, 2016. (Photo: Hein Htet / The Irrawaddy)

NAYPYIDAW — Burma was brimming with anticipation as its legislative hue changed suddenly from green to red on Monday. After decades of effort, the National League for Democracy (NLD) assumed a majority of the Union Parliament, leaving hopes at an all-time high for swift and genuine democratic reform in a country that has long been ruled by its military.

Following a landslide win in the Nov. 8 general election, the party chaired by Aung San Suu Kyi entered the Parliamentary building in Naypyidaw on Monday—donning iconic pinni jackets and longyi—with reflective enthusiasm; the party had a similar win in 1990, but the then-ruling junta annulled the results and it remained a latent political force for a quarter century.

The party boycotted a 2010 election that was broadly viewed as fraudulent. The poll nonetheless marked the start of the country's transition from military dictatorship to a quasi-civilian government. The NLD later acquiesced to a 2012 by-election, landing it 43 seats in the national Parliament, which was dominated by the military-backed Union Solidarity and Development Party (USDP).

"Today is an honorable day in Myanmar's Parliament, and in our country's history, for our democratic transition," said Win Myint, the newly appointed Speaker of the Lower House, at Monday's premier session. The Speaker and his deputy, ethnic Kachin USDP member T Khun Myat, were sworn in at the start of the assembly.

The inside of Parliament looks new in many ways; not only is it entirely new in its make-up, but it is also novel to many of its members. A number of NLD lawmakers are brand new to politics, and have received specialized training in the months since their win.

Bidhayak Das, Burma country representative of the Asian Network for Free Elections (ANFREL), said the parliamentary procedures—while short—were promising.

"I feel [new lawmakers] are learning very fast," he said. "This is encouraging."

British Ambassador to Burma Andrew Patrick expressed similar optimism, noting that while the military still enjoys a 25 percent bloc of the Parliament, "it is wonderful to see the move" toward more democratically elected leadership.

"We wanted to be here because this is very historical," he said, vowing continued support for the Burmese government through the many challenges ahead. But overall, he said, "there's a lot of color, there are more women here; I suspect we will see more change in the future."

The Upper House will meet for the first time on Wednesday, and the Lower House will reconvene on Thursday.

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Exchange Commission Mulls More Licenses as YSX Preps for Trade

Posted: 01 Feb 2016 02:00 AM PST

  The opening ceremony of the Yangon Stock Exchange center in Rangoon, December 9, 2015. (Photo: Reuters)

The opening ceremony of the Yangon Stock Exchange center in Rangoon, December 9, 2015. (Photo: Reuters)

RANGOON — At least three to four more companies are contenders to be listed for the newly formed Yangon Stock Exchange (YSX), Chairman of the Securities and Exchange Supervisory Committee and Deputy Finance Minister Maung Maung Thein said on Thursday.

The first group of YSX-listed companies was announced in December, but trading is not expected to begin until March, Maung Maung Thein has previously said. He added that several additional companies would also be issued licenses to participate in YSX transactions by then, though he declined to reveal any further details.

"We're considering another three or four public companies for the second round," he said.

When YSX launches trade in March, shares will be made available to First Myanmar Investment, Myanmar Citizens Bank, Thilawa Holdings Plc, Myanmar Agribusiness Public Company Limited, First Private Bank and Great Hor Kham.

Thet Tun Oo, director of the Securities Exchange Commission Myanmar (SECM), said that he is unable to predict which companies will be selected, given that there are over 200 possibilities.

"I think trading can begin in March, before the next government assumes power, but I'm not sure that the second batch of companies will be announced before April," he said.

So far, KBZ Bank and the MSEC are the only two companies that have been issued licenses. Several unsanctioned trading outlets, particularly on social media, have come about ahead of the official trade launch, some presenting themselves as authorized channels.

The stock exchange is expected to dramatically ramp up Burma's financial capacities and offer stability to an otherwise poorly regulated and fickle investment sector.

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Burma’s Fourth Telecoms Operator to Be Revealed This Month: Official

Posted: 01 Feb 2016 01:48 AM PST

A street vendor selling mobile phones in Rangoon, 2013. (Photo: Reuters)

A street vendor selling mobile phones in Rangoon, 2013. (Photo: Reuters)

RANGOON — Burma's fourth telecoms operator will finally be revealed in February, a ministry official told The Irrawaddy on Monday, after months of delays following a hotly contested bid for the final permit.

"We will choose the foreign partner from seven applicants. I can say now that we're finalizing the process and will issue the license this month," said Chit Wai, deputy permanent secretary of the Ministry of Communications and Information Technology.

Burma's fourth telecoms operator will run as a joint venture between a foreign service provider and a domestic public company formed from 11 firms. Prospective local companies had to possess at least 3 billion kyats (US$2.3 million) or have enough capital reserves to create a new public telecoms company. According to the latest announcement from the communications ministry, seven foreign firms have shown interest in the partnership.

The government established a Joint Venture Formation and Tender Selection Work Committee to promote an open, transparent process of awarding the fourth license. At least 51 percent of the venture is to be owned by the local firm, with the remaining share going to the foreign firm.

"We've already discussed with our consultant team [Roland Berger] that this fourth operator will be a JV [joint venture], but I can't say precisely how the capital will be divided," Chit Wai said.

Lwin Naing Oo, managing director of local telecoms provider Shwe Pyi Ta Kon, said that each local firm has put some $2.3 million in capital toward the venture, in line with regulations.

Two foreign operators, Norway's Telenor and Qatari Ooredoo, hold operating licenses, putting them in competition with state-owned Myanmar Posts and Telecommunications (MPT). MPT monopolized Burma's telecoms industry until August 2014, when foreign companies were first allowed to enter the telecommunications market.

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Excitement, Emotion as New MPs Arrive in Naypyidaw

Posted: 31 Jan 2016 11:37 PM PST

 Ma Thandar, a newly elected NLD member, before the first session of the new Parliament on Feb. 1, 2015. (Photo: JPaing / The Irrawaddy)

Ma Thandar, a newly elected NLD member, before the first session of the new Parliament on Feb. 1, 2015. (Photo: JPaing / The Irrawaddy)

NAYPYIDAW — Burma's new Parliament, packed with a majority of lawmakers from the National League for Democracy (NLD), will convene for the first time on the morning of Feb. 1.

Incoming lawmakers got an early and at times emotional start in the capital, filing in before the session starts at 10am.

The NLD, chaired by democracy icon Aung San Suu Kyi, secured a landslide win in the Nov. 8 general election, 25 years after the party performed similarly in a poll that was annulled by the military.

Ma Thandar, a newly elected member of the NLD and the widow of a journalist killed in military custody more than a year ago, paid respect to one of the party's founding figures as she prepared to take up her new role.

"I am both surprised and sad to be here today, at this moment," Ma Thandar said. "A lot of people gave their lives for this day, such as Win Tin."

Mahn Win Khaing Than, an ethnic Karen NLD member who has been nominated as Speaker of the Upper House, said he was prepared to lead the house, vowing that "as Daw Suu has given me this responsibility, I will try my best to be dutiful."

Members of other parties conveyed their expectations for the new assembly, some already with a clear vision of what they hope to accomplish over their five-year term.

Arakan National Party's Htoot May, who will assume a seat in the Upper House, said she aspires to the parliamentary bill committee, with a special interest in rule of law and resource revenue sharing.

As one of many first-time lawmakers, Htoot May has undergone intensive training in the weeks since her victory.

"It's like attending a university," she told The Irrawaddy.  "I am excited to be able to use what I have learned."

Her ANP colleague Aye Tha Aung, the NLD's choice for deputy Speaker of the Upper House, appeared calm and collected on Monday morning.

"I am neither excited nor nervous," he said. "We were elected by the people; we just need to meet the public's expectations."

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Suu Kyi Seeks Presidency in Talks With Army: Local Media Report

Posted: 31 Jan 2016 11:15 PM PST

 Burma Army commander-in-Chief Snr-Gen Min Aung Hlaing, left, and Aung San Suu Kyi in Naypyidaw on Dec. 2, 2015. (Photo: Htet Naing Zaw / The Irrawaddy)

Burma Army commander-in-Chief Snr-Gen Min Aung Hlaing, left, and Aung San Suu Kyi in Naypyidaw on Dec. 2, 2015. (Photo: Htet Naing Zaw / The Irrawaddy)

RANGOON — A local media report on Sunday suggested that Aung San Suu Kyi, chairwoman of the National League for Democracy (NLD), is negotiating with the military to make a move for the presidency.

Voice Weekly reported that NLD central committee member Win Htein spoke to the press in Naypyidaw on the weekend, announcing that the hugely popular party leader has discussed the possibility with Burma Army Chief Snr-Gen Min Aung Hlaing.

Suu Kyi's party will assume a majority of both houses of Parliament on Monday after its landslide win in the Nov. 8 general election, though she herself is constitutionally barred from the nation's top executive post.

The military-drafted charter disqualifies anyone with a foreign spouse or children, a clause that is believed to have been written expressly to exclude Suu Kyi. Her late husband was a British citizen, as are her two sons.

Win Htein said the party leader will seek amendments to the Constitution, but that such changes are unlikely to be achieved within the first year of her government's term.

In the months since the election, Suu Kyi has met twice with the powerful army chief, most recently in late January. The office of the commander-in-chief issued a statement shortly after the meeting that talks centered on "matters related to a peaceful transition in the post-election period, parliamentary issues, formation of the next government and measures to be taken to build permanent peace after the signing of the Nationwide Ceasefire Agreement."

With Suu Kyi barred from assuming the presidency and the military controlling three powerful ministries, relations between the NLD chairwoman and Min Aung Hlaing are seen as a critical indicator of the extent to which the party will be able to govern effectively throughout its five-year term.

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Burma’s All-Powerful ‘GAD’ a Challenge to New Government

Posted: 31 Jan 2016 10:35 PM PST

A General Administration Department office in Kyauktada Township in downtown Rangoon.  (Photo: Phyo Thiha Cho / Myanmar Now)

A General Administration Department office in Kyauktada Township in downtown Rangoon.  (Photo: Phyo Thiha Cho / Myanmar Now)

RANGOON — Despite its strong mandate from a thumping election victory, Burma's new National League for Democracy (NLD) government will struggle to wield the power it needs over the civil service to carry out its reform plans effectively, political analysts say.

During the days of military rule, Burma's civil service was supplanted with a powerful, centralized institution controlled by the army—the General Administration Department (GAD). It controls decision-making down to the smallest administrative unit in all corners of the country.

This arrangement underlines the continuing powers of the military and raises questions over whether a civilian NLD cabinet would be able to exert control over an integral part of government machinery.

"The GAD is actually and potentially so powerful that its very character will really determine the extent to which Myanmar's bureaucracy is 'democratized' or 'reformed,'" said Trevor Wilson, Australia's former ambassador to Burma, who continues to write about the country.

Breaking up the GAD's centralized control over government bureaucracy and transferring some of its powers to the states and divisions will be necessary if the NLD is to create a genuine federal union in Burma, as ethnic minorities have long demanded.

The GAD falls under the authority of the Minister of Home Affairs, who, in accordance with the 2008 Constitution, is an army general, just like the Minister of Defense and the Minister of Border Affairs.

Thus, commander-in-chief Snr-Gen Min Aung Hlaing wields ultimate control over the civil service down to the ward and village level, even though an NLD president will soon run the cabinet.

"This will be a headache for the incoming NLD-led government," said Ko Ni, a constitutional lawyer who advises the NLD.

A post-election report from the International Crisis Group in December notes that the NLD's lack of control over the Home Affairs Minister post and the GAD will present the party with a serious challenge. "It will be very difficult for the new government to run Myanmar … without the military's cooperation," the paper said.

Powerful and Ubiquitous

The workings of the GAD are little known. A 2014 report by the Asia Foundation offers a rare piece of research that describes its powers: "The General Administration Department is central to the functioning of the administrative mechanism across the country. No other government organization has such a wide presence in the country. Even the Tatmadaw [army] is not spread among the general population to the same degree.

"The importance of the GAD depends not so much on what it explicitly controls, which is, in fact, a great deal, but rather because of the GAD's ubiquitous presence, and the authority to coordinate, communicate among, and convene other government actors," said the report, noting the GAD had not been subject to any reforms during President Thein Sein's term.

The GAD was born in 1972 under dictator Gen. Ne Win, whose government abolished the previous bureaucratic structure—the Secretariat Office. Under the post-1988 junta, "the GAD expanded in size and importance to support functioning of the Myanmar state," the report said.

The department now supports coordination between the government's 36 ministries, connects the government in the capital Naypyidaw with the nearly 64,000 villages in the country, and runs the civil service of the states and divisions.

It oversees local governance in rural and urban areas, with its broad powers reaching to land management, media scrutiny, registration of non-governmental and community organizations, and the documentation of the internal migration of people.

District and township administrators are GAD officials, while a GAD executive secretary controls a state/division's civil service and answers to a superior in Naypyidaw rather than to the state or division's chief minister.

On a local level, GAD administrators are the civil servants that ordinary citizens come into contact with for day-to-day needs, from registration of births and deaths to disputes and tax collection.

Need for Reform

Ba Maw, a Minister of Social Affairs in Chin State and a Union Solidarity and Development Party (USDP) member, said GAD officials were powerful in running the civil service in his state and even managed the correspondence of the state ministers, including his.

He and some state ministers suggested revoking the powers of the GAD at meetings with top Home Affairs officials in Naypyidaw, but their proposal was ignored. "They replied that the GAD officers will need to manage and facilitate the transfer of power from the outgoing government to the incoming administration," he said.

According to Nyo Nyo Thin, an outgoing independent member of the Rangoon Division legislature, the Minister for Home Affairs had appointed mostly former military officers as district and township level administrators, adding that this had hindered transparent reforms.

Nyo Nyo Thin recalled that she once managed to reveal a corruption case involving a GAD official who was a former army officer, but he did not lose his job and was instead transferred to another township.

She said reforms of the GAD should be implemented so that the district and township administrator positions are filled through an election process. Currently, only ward and village tract administrators are democratically elected, but have little power.

"The fact that only the Ministry of Home Affairs can appoint these officers does not conform to democracy," she told Myanmar Now. "Whether the chief ministers of states and regions can rein in the GAD officers will be a great challenge to the new government."

Ko Ni, who advises the NLD, said the state and division chief ministers would have the power to dismiss any GAD officials who obstruct the orders of the new state and division governments. "The GAD officer is responsible for implementing the decisions of the local governments. If he cannot do that he can be removed from his post," he said.

According to Wilson, the former Australian ambassador, the GAD's structure and authority as a department are not necessarily problematic, as long as the GAD is brought under control of the president, and its operations are made transparent and are closely scrutinized, preferably by Parliament.

"The GAD is effectively the elite political agency in the Myanmar bureaucracy. Most bureaucracies [in other countries] have a powerful elite agency performing a stabilizing and essential political role," he said.

Hla Myo, director of the GAD's Foreign Relations branch, warned against the new NLD government rushing into dramatic reforms.

But NLD advisor Ko Ni said some reform was inevitable. GAD's control over the civil service of the states and regions should be broken up and given to the state and division governments instead, he said.

"The control of General Administration Department on all the government procedures is contrary to the federal system and should be abolished," he told Myanmar Now.

This article first appeared on Myanmar Now.

The post Burma's All-Powerful 'GAD' a Challenge to New Government appeared first on The Irrawaddy.

No Easy Life for Migrants in Thailand’s Ranong

Posted: 31 Jan 2016 10:25 PM PST

Click to view slideshow.

In Thailand, laborers from neighboring Burma typically take the lowest paid and most dangerous work. Their marginalized status in Thai society makes them vulnerable to exploitation—especially sex workers. They suffer harassment from police and the military. When seeking employment, migrants often incur deep debts to Thai and Burmese job brokers, and Thai bosses and are easy prey for human traffickers.

For the second year in a row, Thailand was designated a Tier 3 country in the US State Department's annual Trafficking in Persons Report. The assessment followed a rise in human trafficking in the seafood industry and the discovery of trafficking syndicates operating in the country's south, mainly involving Rohyinga Muslims from western Burma and Bangladesh.

Ranong, a town on the coast of the Andaman Sea, has one of the highest ratios of Burmese nationals per population, mostly working in the seafood industry. Ranong Province is a hub for human trafficking groups. In the town itself, there are believed to be more than 100,000 workers—a number that may exceed the local Thai population.

Two migrant workers from Burma, Zaw Lin and Win Zaw Tun, were recently sentenced to death for the alleged killing of two British nationals, David Miller, 24, and Hannah Witheridge, 23. Witheridge was found to have been raped before being murdered.

Police have been accused of bungling evidence for the murders that took place last year on Koh Tao Island, a popular tourist destination. The suspects told lawyers they were tortured into making confessions.

Late in the trial, Thai forensic expert Dr. Pornthip Rojanasunand was allowed to examine DNA found on the murder weapon— something Thai police hadn't bothered to do. Her examination determined that the DNA collected from the murder weapon, a garden hoe, didn't match that of the accused.

After a guilty verdict was announced, thousands of Burmese nationals gathered to protest at the Thai embassy in Burma's commercial capital, Rangoon, causing it to close for days. Other demonstrations took place in cities along Burma's border with Thailand.

In Ranong, a similar murder investigation is still ongoing. Like the Koh Tao murders, Thai police have been accused of using Burmese migrant workers as scapegoats.

Aorawee Sampowthong, young Thai-Burmese woman who also goes by the name Apple, was fatally stabbed 17 times with a knife on the evening of Sept. 28. Police arrested four migrant workers implicated in her gruesome murder.

As in the case of the Koh Tao murders, the accused— two of whom are minors— told lawyers they were beaten until they signed confessions. An employer of one of the accused has informed the police that the suspect was working at the time of the murder.

A Thai judge recently accepted the case against the four suspects and instructed police to prepare their evidence, reminding police to remain aware that "Burmese are also humans."

The post No Easy Life for Migrants in Thailand's Ranong appeared first on The Irrawaddy.

India Court Sentences Three to Death for Student Rape, Murder

Posted: 31 Jan 2016 08:53 PM PST

Demonstrators shout slogans from a police bus after being detained by police during a protest against the release of a juvenile rape convict, in New Delhi, India, December 20, 2015.   (Photo: Adnan Abidi / Reuters)

Demonstrators shout slogans from a police bus after being detained by police during a protest against the release of a juvenile rape convict, in New Delhi, India, December 20, 2015.   (Photo: Adnan Abidi / Reuters)

KOLKATA, India — An Indian court sentenced three men to the death penalty for raping and killing a 20-year-old woman in a case that sparked massive protests against the state government of West Bengal and led to calls for greater safety for women.

Three other men involved in the attack in 2013 were sentenced to life imprisonment while two of the nine men charged were acquitted due to lack of evidence and one died in jail.

"We are happy with the verdict and sentencing," said the brother of the victim after the sentencing was announced by judge Sanchita Sarkar of the Bankshall Court in Kolkata on Saturday.

Public prosecutor Anindya Rout said: "The is a rarest of rare case owing to the brutality inflicted on the victim. So the death penalty is justified."

Rout said they would appeal the acquittal of two of the accused.

The rape and murder of the college student in Kamduni village in the eastern state of West Bengal was shocking in its brutality and reminiscent of the fatal gang rape of a 23-year-old woman on a moving bus in Delhi a year earlier.

That case turned a global spotlight on the treatment of women in India, where police say a rape is reported every 20 minutes.

India has since introduced tougher laws against sex crimes, and lowered the age at which someone can be tried for rape and other crimes to 16 years from 18.

But there has been no letup in crimes against girls and women, with the number of rapes rising by 9 percent in 2014 from the previous year to 33,707.

Rape victims in India have to contend with an archaic, poorly funded and insensitive criminal justice system and an often lengthy judicial process.

The West Bengal incident, in which the woman's throat was slit and her body dumped in a pond, led to the formation of a local activist group called the Kamduni Protibadi Mancha, which campaigned for quicker legal action.

The case was moved to the city sessions court in Kolkata after protests and alleged death threats to the accused and their lawyers.

Villagers calling for harsher penalties clashed with police outside the court during the trial.

Mausumi Koyal, who is a part of the Kamduni Protibadi Mancha, said they were happy with the support received from various groups to fight for justice.

"But the acquittal of two was possible because of poor investigation into the case by police and its special CID [Criminal Investigation Department] arm," Koyal said.

The post India Court Sentences Three to Death for Student Rape, Murder appeared first on The Irrawaddy.

Sri Lanka Ex-Strongman’s Son Detained in Money Case

Posted: 31 Jan 2016 08:29 PM PST

 Former Sri Lankan President Mahinda Rajapaksa (C) prays with his son Yoshitha (L), and wife Shiranthi before taking the oath of office for a second term, in Colombo, November 19, 2010.  (Photo: Andrew Caballero-Reynolds / Reuters)

Former Sri Lankan President Mahinda Rajapaksa (C) prays with his son Yoshitha (L), and wife Shiranthi before taking the oath of office for a second term, in Colombo, November 19, 2010.  (Photo: Andrew Caballero-Reynolds / Reuters)

COLOMBO, Sri Lanka — A Sri Lankan court on Saturday ordered a son of the country's former strongman leader detained during an investigation into money laundering allegations, an official said.

Yoshitha Rajapaksa, a navy officer and the second son of former President Mahinda Rajapaksa, was arrested by financial crimes investigators after being questioned over his involvement in the management of a private television company and money laundering allegations that arose from it, police spokesman Ruwan Gunasekara said.

The judge ordered the younger Rajapaksa held for 14 days, Gunasekara said.

He said Rohan Weliwita, media secretary to the former president, and former Sri Lankan cricketer and cricket administrator Nishantha Ranatunga were also arrested on the same allegations.

Yoshitha is the second member of the once-powerful family since Rajapaksa unexpectedly lost the election last year to be arrested for alleged offenses committed during his presidency. A brother who was a former government minister was arrested earlier and charged with misusing state funds.

The former president, his brothers and elder son were powerful in the government while Yoshitha was influential in the navy after enrolling to encourage youth to fight in the civil war against Tamil separatists.

The military's victory ended the civil war in 2009.

The post Sri Lanka Ex-Strongman's Son Detained in Money Case appeared first on The Irrawaddy.

China Sentences 2 Men to Death in Slaying of Tibetan Monk

Posted: 31 Jan 2016 08:24 PM PST

  Tibetan Buddhist monks attend a Buddhism gathering overseen by Gyaltsen Norbu (not seen), the 11th Panchen Lama, at the Tashilhunpo Monastery in Shigatse, Tibet Autonomous Region, China, December 8, 2015. (Photo: Reuters)

Tibetan Buddhist monks attend a Buddhism gathering overseen by Gyaltsen Norbu (not seen), the 11th Panchen Lama, at the Tashilhunpo Monastery in Shigatse, Tibet Autonomous Region, China, December 8, 2015. (Photo: Reuters)

BEIJING — A Chinese court sentenced two men to death in the 2013 killing of Akong Rinpoche, a well-known religious figure who founded the first Tibetan Buddhist monastery in the West and built an international network of spiritual retreats.

Thubten Kunsal, a Tibetan man who had worked at Akong's monastery in the United Kingdom as an artist for nine years, fatally stabbed Akong, his nephew and his driver after confronting him at his home in the city of Chengdu over US$415,000 in wages he believed he was owed, according to a statement Sunday by the Chengdu People's Intermediate Court.

Thubten and another man, Ciren Banyue, were given the death penalty while a third man was sentenced to three years' prison for hiding daggers used in the killings. Thubten and Ciren said they planned to appeal, according to the court statement.

Akong's monastery Kagyu Samye Ling, which is based in southwest Scotland with branches in Europe and Africa, has denied it owed Thubten pay. It did not immediately have comment on the sentences.

Born in 1939, Akong was recognized at age 2 by a search party as a lama incarnate and entered the Dolma Lhakhang monastery before fleeing to India as Chinese forces moved in to stamp out the 1959 Tibetan uprising. He moved to Britain several years later, studied at Oxford University and founded his Buddhist center in Dumfriesshire, Scotland, in 1967.

The monk, who became a British citizen, maintained friendly relations with the Chinese government and frequently visited the country to look after charity projects. Akong was on a fundraising trip when he was stabbed.

The post China Sentences 2 Men to Death in Slaying of Tibetan Monk appeared first on The Irrawaddy.

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