Thursday, June 30, 2016

The Irrawaddy Magazine

The Irrawaddy Magazine

International Developer to Return Rangoon Land to Govt

Posted: 30 Jun 2016 08:22 AM PDT

High green fencing covers the site of Marga's Landmark's commercial development, seen from Rangoon's Kabar Aye Pagoda Road on June 30. (Photo: Pyay Kyaw / The Irrawaddy)

High green fencing covers the site of Marga's Landmark's commercial development, seen from Rangoon's Kabar Aye Pagoda Road on June 30. (Photo: Pyay Kyaw / The Irrawaddy)

RANGOON — International developer Marga Landmark is likely to return nearly half of the land granted by the former government in compensation for the 2015 cancellation of a project near Rangoon's Shwedagon Pagoda, a senior government official told The Irrawaddy.

According to the Department of Science and Technology Permanent Secretary Kyaw Zwa Soe, the land is designated to be used to establish Burma's first research center for metrology, the scientific study of measurement.

The move comes at a time when the new National League for Democracy (NLD) government is trying to attract substantial foreign direct investment—to boost its economy and update its infrastructure—while at the same time placing the frequently opaque and controversial deals made by the previous government under review.

The latter policy has resulted in some high profile cancellations, which some worry may scare off investors in a country that has experienced a dramatic shift in executive power.

Stretching out across Rangoon's Inya Lake near the Sedona Hotel, 17.7 acres of land held by the Department of Research and Innovation under the (now defunct) Ministry of Science and Technology was granted to Marga Landmark in February.

Under the previous government of President Thein Sein, the Myanmar Investment Commission granted this land in compensation after the US$300 million multi-use Dagon City 1 commercial development was halted by the government in July last year, following a public outcry over its proximity to Shwedagon Pagoda, Burma's holiest Buddhist site.

After the NLD government assumed power in April, the Ministry of Science and Technology was transformed into the "Department of Science and Technology" under the Ministry of Education.

Kyaw Zwa Soe, the department's permanent secretary, said the ministry had complained about the compensatory land grant to the new government as well as to the Union Parliament's Legal Affairs and Special Cases Assessment Commission.

"So far we have learned that the half of the land we had released will come back to us," he told The Irrawaddy on Thursday.

They had complained, he said, because the land grant formed part of more than 33 acres deemed "historic" because it was the site of Burma's first industrial research department.

Upon receiving the department's complaint, the government said they would review the case and attempt to retrieve half of the land grant. "So, we are hopeful that this land will come back to us," he said.

Founded in 1947, the year before Burma gained independence from the British, the State Industrial Research Institute was charged with furthering industrial development in an independent Burma.

Independence hero Gen Aung San, prior to his assassination the same year, reportedly reserved more than 33 acres for the institute at the corner of Kabar Aye Pagoda Road and Thitsar Road in Yankin Township.

Burma's first atomic research department was housed in the institute from 1956, by which time it had been renamed the Union of Burma Applied Research Institute. The institute was also the forerunner to current governmental departments of Research and Innovation and of Science and Technology.

"If we get the land back, it will be the site for a sophisticated lab, depending on the budget we receive," said permanent secretary Kyaw Zwa Soe, referring to the establishment of Burma's first metrology research center, planned since 2014.

Currently, nearly half of the total land area is obscured by high green fences, which demarcate Marga Landmark's development site.

During an interview with state-run newspaper The Mirror in February, Myanmar Investment Committee Secretary Aung Naing Oo said, "The ministry shared the land [to Marga Landmark] from what they had," referring to the 33-plus acres.

But sources in the ministry told a different story.

A senior official from the Department of Research and Innovation said they had to surrender the land to the Department of Urban and Housing Development under the Ministry of Construction—in late 2015 when the late Ko Ko Oo was still minister—before the land was granted to the developer in February with the MIC's approval

The senior official added that a few developers had previously approached the late minister in pursuit of the land but "he refused them all."

"This time, he was very surprised, but he could do nothing because the order came from upstairs," said the senior official, who spoke on condition of anonymity because he is not an official spokesman for the department.

The senior official said he had been unhappy to see the land allocated to Marga Landmark for its commercial development project.

"But it was beyond our scope. We are government employees and we have to do as we are told," he said, adding that, "The whole area should be a place for scientific research, as it was planned to be."

On Thursday, Myanmar Investment Committee Secretary Aung Naing Oo was not available for comment.

Zin Mar Aung, a lawmaker for Rangoon's Yankin Township in the Lower House of the Union Parliament, was concerned that the new government not give a bad impression to international investors—especially those who would invest with "responsibility and accountability."

"For this case, as far as I am concerned, it depends on how the government and the company [Marga Landmark] deal with it," the lawmaker said.

"The company will want to keep the project going. Also, the government doesn't want to deter international investment. They have to compromise. I think it'd be better for both sides to think longer term."

The post International Developer to Return Rangoon Land to Govt appeared first on The Irrawaddy.

Burma, Thailand Agree To Boost Trade

Posted: 30 Jun 2016 07:18 AM PDT

Burmese President Htin Kyaw meets with a Thai delegation led by Deputy Prime Minister and Defense Minister Gen Prawit Wongsuwan in Naypyidaw on Wednesday afternoon. (Photos: President's Office)

Burmese President Htin Kyaw meets with a Thai delegation led by Deputy Prime Minister and Defense Minister Gen Prawit Wongsuwan in Naypyidaw on Wednesday afternoon. (Photos: President's Office)

RANGOON — The Burmese and Thai governments have agreed to boost bilateral trade volume to reach US$20 billion in 2017, Burma's President's Office announced on Wednesday.

The announcement was made after President Htin Kyaw met Thailand's Deputy Prime Minister Tanasak Patimapragorn and Minister of Defense Gen Prawit Wongsuwon on Wednesday in Naypyidaw.

Both governments agreed to finish construction of the new Myawaddy-Mae Sot bridge connecting the two countries, which could help boost trade along Thai-Burma border. Myawaddy in Karen State is the largest of four official border crossings for overland trade between Burma and Thailand, with some 150 to 200 trucks crossing through the border station into Burma each day.

The Thai delegates also met with State Counselor Aung San Suu Kyi, where the talks focused on convening a joint committee to demarcate borders, as well as the development of southeastern Burma's Dawei Special Economic Zone, a project in which Thailand is a primary partner.

Other topics of discussion in the meeting included the resolution of labor disputes and ensuring protections for Burmese migrant workers in Thailand, as well as a national verification and resettlement plan for migrant workers interested in returning to Burma.

"We can reached the target of $20 billion in 2017 if both governments open more border trading posts and crack down on the informal trade," said Than Win, director of the Ministry of Commerce.

According to the Ministry of Commerce, Burma currently has 16 border trading posts, four of which border Thailand. Negotiations are currently under way to open another Thailand-Burma post in Mese Township of Karenni State.

"I think more Thai investment will come, but so far, the figure of bilateral trading is not that high," Than Win said.

However, some experts questioned the plausibility of the ministry's goal.

"The total trade volume between Thailand and Burma was only about US$6 billion last year [2014-2015], so it's a little hard to believe they could triple that within a year, but if both governments can control informal trading, it is possible," said Maung Aung, senior consultant with the Ministry of Commerce.

Informal trade involves large amounts of smuggling that is known to cross both borders.

According to the Ministry of Commerce, the Thai-Burma trade volume fell to $4.8 billion in the 2015-2016 fiscal year, with $1.1 billion linked to four stations along the border.

"The problem is we have different figures from each country, and data from Thailand is always higher than Burma's," Maung Aung said. "So this becomes an issue when it comes to boosting trade."

The majority of imports from Thailand are electronics, foods and beverages, agricultural equipment and other home appliances, while exports from Burma include agricultural and marine products. Thailand is second only to China as Burma's largest trading partner; both countries' leaders have expressed hope that they will be able to boost total trade in the years ahead.

The post Burma, Thailand Agree To Boost Trade appeared first on The Irrawaddy.

BURMA Arakan Network Collects Signatures in Support of Resource Sharing

Posted: 30 Jun 2016 07:10 AM PDT

A construction site in Kyaukphyu, Arakan State, the site of a planned special economic zone. (Photo: Ko Soe / The Irrawaddy)

A construction site in Kyaukphyu, Arakan State, the site of a planned special economic zone. (Photo: Ko Soe / The Irrawaddy)

RANGOON — The People's Resource Network (PRN) is on a mission to collect 300,000 signatures in support of resource sharing in Arakan State, said Tun Kyi, secretary of the Kyaukpyu Rural Development Association, a PRN partner.

Khine Myo Htun, PRN committee member, told The Irrawaddy on Wednesday that they expect to collect 30,000 signatures from each town in Arakan State, with exceptions for Buthidaung and Maungdaw townships where Arakanese people—the target participants of the signature campaign—are the minority.

PRN is comprised of about 30 Arakanese civil society organizations (CSOs) from 17 townships throughout Arakan State. They started the signature campaign in early May and expect to finish in July.

During the collection process, PRN has used the slogan "Rakhine people own Rakhine resources" and has demanded that the government decentralize power and resources, said Tun Kyi, adding that they would deliver the signatures to Union Parliament.

In order to decentralize, articles in the military-drafted 2008 Constitution must be amended or replaced, specifically Article 37(a)—which states that the government is the owner of all lands and natural resources both above and below ground—and Article 37(b), which states that the government can enact necessary laws to supervise extraction and utilization of these state-owned resources.

Tun Kyi raised questions about whether the current National League for Democracy (NLD) government was keen to amend the law, since after assuming power in April the NLD denied the people's demands by appointing a member of their own party, rather than the local Arakan National Party (ANP), in the role of Arakan State chief minister.

"Even if our efforts are not taken seriously by the Union Parliament and the law is not amended, we will continue to campaign on the issue," he said.

Pe Than, Lower House representative for the ANP, said that resource sharing is determined by the 2008 Constitution and that without amending the law, current practices will not change. According to the Constitution, state and divisional governments lack the rights to supervise or tax natural resources, and management power is authorized only to the Union government.

"We need to amend or replace the law. Even though [CSOs] have demanded resource sharing, the government will continuing ignoring them until the law is amended," said lawmaker Pe Than.

Replacing or amending the law will not be easy because 25 percent of parliamentary seats are reserved for military appointees.

Pe Than said, "If the military opposes [an amendment] in Parliament, it will not succeed. So, it depends on the Army's opinion."

He added that the government should specify a percentage of resources for sharing—even 25 percent of the total resources. Even a small amount could become a base from which to extend the amount slowly, Pe Than explained, adding that the struggle for control over resources is linked to larger issues of conflict and unrest in the country.

"The peace process will be meaningless if the government fails to [decentralize power and resource management]," said Pe Than.

Khine Myo Htun said, "We expect success with Suu Kyi's leadership."

Pe Than urged the government to provide guarantees to ethnic armed groups regarding resource sharing, especially in changing the relevant laws. Currently all state and divisional governments are subsidiaries of the Union government, while they would prefer separate governance. Similarly, appointing the state and divisional chief ministers through a presidential order is not power sharing, he added.

The post BURMA Arakan Network Collects Signatures in Support of Resource Sharing appeared first on The Irrawaddy.

Mingalar Market Vendors Stage Protest

Posted: 30 Jun 2016 07:01 AM PDT

A scene from the aftermath of a powerful fire at Mandalay's Mingalar Market. (Photo: Zaw Zaw / The Irrawaddy)

A scene from the aftermath of a powerful fire at Mandalay's Mingalar Market. (Photo: Zaw Zaw / The Irrawaddy)

MANDALAY — Vendors affected by a fire that destroyed Mandalay's Mingalar Market staged a protest on Thursday, urging the municipal department and regional government to renovate, rather than rebuild, the structure.

Dozens of vendors gathered near the burned market building, saying that the mayor and the Mandalay City Municipal Department (MCDC) are neglecting their desire to renovate the market, and instead plan to demolish it and build a high-rise building.

"If they build a high-rise, it will be done by a construction company. We will then have to buy back our own shops at a high price, which we can't afford," said Kyaw Kyaw Soe, one of the protesting vendors.

The protesters urged a speedy resolution, as they currently have nowhere to sell their goods. They also demanded an investigation into the cause of the fire and swift action against the culprit.

During a meeting between vendors and regional government authorities in May, authorities said the building was in disrepair and that rebuilding was the better option. The vendors held a vote, which fell in favor of a major renovation to the existing structure. But they say the MCDC and the mayor have ignored their vote.

The cause of the fire is still unknown, and the MCDC said the case is out of their hands and is the responsibility of the Mandalay Division Central Fire Brigade.

About 65 percent of stalls at Mingalar Market were destroyed in the blaze on March 22.

During a press conference on Wednesday, the mayor said he would listen to the vendors' input but still plans to go forward with new construction.

"We are thinking of rebuilding the ground floor in an open style, like the old structure, for the convenience of the vendors," said Ye Lwin, the mayor.

He said the building is not strong enough to be safe or sustainable, which is why MCDC has decided to demolish it and rebuild with a private construction company.

"Since the plan is to upgrade the fire and safety system, only the ground floor will remain the same as before; the others will follow a different plan. We can't build it exactly like the old building, for safety reasons. And we have to offer the tender to a construction company because we don't have a big enough budget," the mayor said.

He added that, in accordance with the vendors' request, they would not lose any space in the rebuilding of their shops.

MCDC said that a temporary market is almost finished and vendors will be able to relocate to it in July.

The post Mingalar Market Vendors Stage Protest appeared first on The Irrawaddy.

Armed Forces Chief Thanks NCA Signatories for ‘Constructive Cooperation’

Posted: 30 Jun 2016 06:52 AM PDT

Representatives from NCA signatory armed groups and Snr-Gen Min Aung Hlaing pose for photograph after meeting in Naypyidaw on Wednesday. (Photo: Min Aung Hlaing / Facebook)

Representatives from NCA signatory armed groups and Snr-Gen Min Aung Hlaing pose for photograph after meeting in Naypyidaw on Wednesday. (Photo: Min Aung Hlaing / Facebook)

RANGOON — Burma Army Commander-in-Chief Snr-Gen Min Aung Hlaing thanked ethnic armed groups that signed the nationwide ceasefire agreement (NCA) last year for their "constructive cooperation," while indirectly criticizing other groups.

The armed forces chief alluded to NCA non-signatory groups "expanding their forces." He urged them to eschew "dogmatism" and adopt a "peaceful" approach through "political" means. This was suggestive of the military's ongoing distrust of certain ethnic armed groups, whose participation is key for a comprehensive and sustainable peace deal.

Min Aung Hlaing was speaking in Naypyidaw on Wednesday at a meeting with the Peace Process Steering Team (PPST), which represents the eight NCA signatory armed groups.

"Thanks to the constructive cooperation of the ethnic armed organizations […] throughout the first term of multiparty democracy, we could reach a certain road and sign the [NCA]," Min Aung Hlaing said, according to a statement that was posted on his Facebook account on Wednesday.

Min Aung Hlaing said that if all concerned parities—both NCA signatories and the majority of ethnic armed groups that did not sign the NCA—cooperate according to "the Union spirit," without upholding "dogmatism," then "victory" will come "peacefully and speedily."

"All need to believe in one another in restoring peace and stability [to] the country in line with liberty, fraternity and equality," he said.

PPST members at the meeting represented the Karen National Union (KNU), the Restoration Council of Shan State (RCSS), the Chin National Front (CNF), the Arakan Liberation Party (ALP), and the ethnic Burman-majority All Burma Students' Democratic Front (ABSDF).

PPST members also met with State Counselor Aung San Suu Kyi in Naypyidaw on Tuesday, where it was agreed that the Union Peace Conference—now branded by Suu Kyi as the "21st Century Panglong conference"—would be held in the last week of August.

Min Aung Hlaing said on the Wednesday meeting that the military "fully wishes to achieve success" in the Union Peace Conference.

He also said that, although ethnic armed groups can make demands in accordance with their needs, there are also some "requirements" with regards to "responsibility," "accountability" and "a sense of duty."

He reiterated the military's adherence to the Three National Causes: "non-disintegration of the Union," "non-disintegration of national solidarity" and "perpetuation of sovereignty."

In the meeting, PPST chairman Saw Mutu Say Poe, who also chairs the KNU, explained the PPST’s plans of including the NCA non-signatory groups in the peace conference.

Regarding the NCA non-signatories, Min Aung Hlaing said that the military "welcomes and are waiting for their signing of the NCA."

He said that the military does not want to see fighting between "national brethren," but it has to protect the government administration, and people's lives and property.

However, he said that ethnic armed groups need to achieve their goals through "political means," since the military has opened a political platform for them to engage in national affairs.

"Place and land are not important. It is important that they receive public support and work sincerely on their political goals. They need to put national interests at the fore without partisanship, racism and regionalism," he said.

However, he said, "Some [ethnic armed] groups are reinforcing their strongholds and expanding their forces out of concern. If they have self-confidence, they need not do so, but should take a peaceful approach instead."

He stressed the importance of public support and said that the military was attempting to win the public's trust.

After the meeting, Min Aung Hlaing presented gifts to the PPST delegates and posed for photographs.

The post Armed Forces Chief Thanks NCA Signatories for 'Constructive Cooperation' appeared first on The Irrawaddy.

Women Discuss Peace Process Priorities

Posted: 30 Jun 2016 04:57 AM PDT

Panelists at the Myanmar Women's Peace Conference held in Naypyidaw this week. (Photo: AGIPP / Facebook)

Panelists at the Myanmar Women's Peace Conference held in Naypyidaw this week. (Photo: AGIPP / Facebook)

A conference on women's peace process priorities was held in Naypyidaw this week to generate recommendations for a civil society forum to be held in tandem with Burma's upcoming Union Peace Conference.

The two-day Myanmar Women's Peace Conference—titled "From the Margins to the Centre: Including Women and their Priorities in Myanmar's Peace Process"—was co-organized by the Alliance for Gender Inclusion in the Peace Process (AGIPP) and UN Women.

Nearly 90 participants discussed women, peace and security, highlighting strategies for women's meaningful participation in the peace process.

Mi Kun Chan Non, co-founder of the Mon Women's Organization and a steering committee member at the AGIPP, told The Irrawaddy that the groups gathered common recommendations based on the five main topics discussed during the Union Peace Conference in January.

Under the new peace conference model initiated by State Counselor Aung San Suu Kyi, politics and security affairs will be prioritized on the peace conference agenda, while social, economic, environmental, education and refugee repatriation issues will be highlighted at a parallel civil society organization (CSO) forum.

"Of course, our collective views will be shared with the civil society forum," added Nang Phyu Phyu Lin, chair of the AGIPP.

The Union Peace Conference under the new National League for Democracy (NLD) government will convene in late August, and Suu Kyi encouraged the CSO forum to run concurrently with and provide input to the peace conference.

The women's groups have been advocating to set a minimum 30 percent gender quota system to increase women's representation in political leadership. Female parliamentarians and policymakers participated in the talks as well.

Meanwhile, some 50-60 CSOs in Burma began organizing the national forum earlier this month.

Nang Raw Zahkung, deputy director of the Nyein (Shalom) Foundation told The Irrawaddy that the CSO forum would reflect the voices of civil society groups working in different sectors.

So far, CSOs are drafting the term of references, in which they design the aims, process and number of participants.

The forum organizers are attempting to consult with local groups in all of Burma's states and regions. They plan to share the draft TOR with all of the groups in an upcoming meeting in July.

Given that the Union Peace Conference will begin no later than the last week of August, it might not be possible to cover all of the issues when the conference opens, but CSOs will be able to provide input throughout the conference, explained Nang Raw Zahkung.

The post Women Discuss Peace Process Priorities appeared first on The Irrawaddy.

Nearly 200 Burmese Refugees To Be Repatriated From Thailand

Posted: 30 Jun 2016 03:15 AM PDT

Umpiem Mai refugee camp near Mae Sot in western Thailand, accommodating a population of more than 20,000 conflict-displaced people from Burma, in August 2015. (Photo: Tin Htet Paing / The Irrawaddy)

Umpiem Mai refugee camp near Mae Sot in western Thailand, accommodating a population of more than 20,000 conflict-displaced people from Burma, in August 2015. (Photo: Tin Htet Paing / The Irrawaddy)

RANGOON — The Burmese government plans to repatriate 196 Burmese nationals displaced by conflict from refugee camps on the Thai-Burma border, according to Burma's Ministry of Foreign Affairs.  The two countries agreed to cooperate on refugee returns during the visit of Burma's State Counselor/Foreign Minister Aung San Suu Kyi to Thailand last week.

The statement released by the ministry on Wednesday said the two governments will start working on repatriation and rehabilitation for the Burmese refugees in Thailand through both short- and long-term plans—creating job and educational opportunities and providing health and social services in their places of origin.

"The government will send a delegation group [to Thailand] to work on the citizenship verification process for the 196 displaced individuals who expressed their desire to be sent back to their original homes," the statement read.

The statement did not include a timeline or start date for the process.

The ministry told The Irrawaddy on Thursday that citizenship verification would be handled by the Ministry of Labor, Immigration and Population, adding that the whole process of repatriation may take some time.

Director-General of the Ministry of Foreign Affairs Kyaw Zeya said his ministry had received information on the 196 refugees through the United Nation's refugee agency, the UN High Commissioner for Refugees (UNHCR), before the State Counselor's visit. He said that 75 percent of the returnees-to-be are ethnic Karen.

"We also have informed our Thai counterparts of our plan," Kyaw Zeya said. "All we need from their side is understanding and patience in dealing with this refugee repatriation issue."

According to The Border Consortium (TBC)—which provides food, shelter and other forms of support to Burmese refugees—there are roughly 120,000 refugees from Burma in nine official camps and shelters on the Thai-Burma border, some of whom have resided there for over two decades due to the armed conflicts between the Burma Army and ethnic armed groups.

Talks between Thailand and Burma on refugee issues began during the previous administration of President Thein Sein and accelerated after the nationwide ceasefire agreement (NCA) was signed by eight ethnic armed groups—including two ethnic Karen groups—in October last year.

According to a report in the Bangkok Post, Thai Prime Minister Prayuth Chan-ocha said during Suu Kyi's three-day visit to Thailand last week that Burma should be given more time to prepare for the safe, voluntary and dignified return of its refugees.

The former head of the Royal Thai Army added that, in the meantime, Thailand would continue to take care of the refugees in accordance with humanitarian standards, even though drawing out the process would result in an increased burden on Thailand.

According to the UNHCR's report released last week, Burma had more than 450,000 displaced people as of the end of 2015, and its nationals made up the eighth largest group of refugees in the world.

The post Nearly 200 Burmese Refugees To Be Repatriated From Thailand appeared first on The Irrawaddy.

Ethnic Alliance Delegation to Meet Peace Envoy

Posted: 29 Jun 2016 11:18 PM PDT

Delegates from the Burma government's peace negotiation team and leaders of the UNFC hold a meeting in Chiang Mai, Thailand on June 3. (Photo: Saw Yan Naing / The Irrawaddy)

Delegates from the Burma government's peace negotiation team and leaders of the UNFC hold a meeting in Chiang Mai, Thailand on June 3. (Photo: Saw Yan Naing / The Irrawaddy)

CHIANG MAI, Thailand — A delegation from the ethnic armed alliance United Nationalities Federal Council will meet the government's chief peace negotiator Dr. Tin Myo Win in Rangoon on Friday.

On Thursday, six delegates led by UNFC Secretary Khu Oo Reh will travel to Rangoon to meet the preparatory committee for the Union Peace Conference, also known as the 21st Century Panglong Conference.

The UNFC members did not sign the nationwide ceasefire agreement (NCA) last year.

The peace conference was agreed to be held before the end of August during a meeting on Tuesday in Naypyidaw between the eight NCA signatories and State Counselor Aung San Suu Kyi, who is also the head of the Union Peace Joint Dialogue Committee (UPDJC).

Khu Oo Reh, also the vice chair of Karenni National Progressive Party, said the meeting is “the follow up” from the informal meeting with Dr. Tin Myo Win in Chiang Mai, northern Thailand in early June.

Khu Oo Reh said they will have to discuss when to hold a meeting between the UNFC leaders and Suu Kyi.

One of the most contentious issues—the participation of the Ta'ang National Liberation Army, the Myanmar National Democratic Alliance Army and the Arakan Army—has not yet been included in the agenda for the meeting, but government peace negotiator Tin Myo Win met with NCA non-signatories ealier this month.

Other delegates include Gen Sai Htoo of the Shan State Progressive Party, Nai Shwe Thein of the New Mon State Party, Maj Min Htun of the Arakan National Council, Col Solomon of the Lahu Democratic Union and Maj Nyi Lu of the Wa National Organization.

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China Risks ‘Outlaw’ Status If It Rejects South China Sea Ruling: Lawyer

Posted: 29 Jun 2016 10:24 PM PDT

A fisherman repairs his boat overlooking fishing boats that fish in the disputed Scarborough Shoal in the South China Sea, at Masinloc, Zambales, in the Philippines April 22, 2015. (Photo: Erik De Castro / REUTERS)

A fisherman repairs his boat overlooking fishing boats that fish in the disputed Scarborough Shoal in the South China Sea, at Masinloc, Zambales, in the Philippines April 22, 2015. (Photo: Erik De Castro / REUTERS)

WASHINGTON — An international ruling next month is expected to deprive China of any legal basis for its claim to most of the South China Sea, and Beijing risks being seen as an "outlaw state" unless it respects the outcome, the Philippines’ chief lawyer in the case said on Wednesday.

In an interview with Reuters, veteran Washington attorney Paul Reichler expressed confidence that the Permanent Court of Arbitration, based in The Hague, would rule in Manila’s favor on July 12 in a highly charged case against Beijing, which rejects the tribunal’s jurisdiction and says it will ignore the ruling.

The Philippines, a close US ally, is contesting China’s historical claim to about 90 percent of the South China Sea, one of the world’s busiest shipping lanes. Several Southeast Asian states have overlapping claims in the sea, and the dispute has sparked concerns of a military confrontation that could disrupt global trade.

Reichler, who heads Manila’s legal team in the 3-1/2-year-old case, said he was not privy to the ruling and did not expect to be informed until the last minute. But he had little doubt  that Manila would win the legal argument, matching the consensus in Washington and most major foreign capitals.

"We are confident we will have success on the merits," said Reichler, who called the case potentially one of the most far-reaching to be decided by the court. He spoke just hours after the court announced the date for its ruling.

China bases its South China Sea claim on a "Nine Dash line" stretching deep into the maritime heart of Southeast Asia and covering hundreds of disputed islands and reefs, rich fishing grounds and oil and gas deposits.

Reichler said a ruling against Beijing "would deprive China of any legal basis for making such a claim." Manila argues that China’s claim violates the UN Convention on the Law of the Sea and restricts its rights to exploit resources and fishing areas within its exclusive economic zone.

On Wednesday, China said Manila’s approach flouted international law and Beijing would not accept any third-party decision on the issue.
Reichler said for China to reject the ruling meant it had "essentially declared themselves an outlaw state" that did not respect the rule of law.

Reichler is an international lawyer with a reputation for representing small countries against big powers, including a 1980s case by Nicaragua that accused the United States of funding right-wing Contra rebels against a left-wing government.

Amid rising tensions in the South China Sea, Reichler said, "nobody wants or should even contemplate the use of force."

He predicted China would face pressure to abide by the ruling from other rival claimants, including Vietnam, Indonesia and Malaysia, despite signs that some other Southeast Asian countries are wavering in response to US efforts to forge a unified regional front.

"It may be that in time … the Chinese will come to realize that they have more to lose than to gain from creating a chaotic, lawless situation," he said.

China has accused the United States of "hyping" the dispute and has warned that complaints would snap back on its critics. But it has largely avoided specific threats of how it might respond to the ruling.

US officials are worried China may declare an air defense identification zone in the South China Sea, as it did in the East China Sea in 2013, and by stepping up its building and fortification of artificial islands.

They say the US response to such moves could include accelerated “freedom-of-navigation” patrols by US warships and overflights by US aircraft as well as increased defense aid to regional countries.

The post China Risks ‘Outlaw’ Status If It Rejects South China Sea Ruling: Lawyer appeared first on The Irrawaddy.

A Song By Any Other Name

Posted: 29 Jun 2016 06:43 PM PDT

A pop concert earlier this year in Rangoon; many of Burma's biggest pop artists made their names performing cover version of Western songs. (Photo: The Irrawaddy)

A pop concert earlier this year in Rangoon; many of Burma's biggest pop artists made their names performing cover version of Western songs. (Photo: The Irrawaddy)

RANGOON — Cover versions of popular hits are common the world over. In Burma, the art of the cover song—known as copy thachin—has been taken to new heights. Some would argue that Burma's copy thachin are not technically even cover songs, but artistically significant creations in their own right due to their unique Burmese-language lyrics and vocal arrangements.

With the emergence of a new legal framework for the protection of intellectual property rights (IPR) in Burma, the future of this "copy song" tradition is being called into question.

The Tradition of Copy Thachin

Heather MacLachlan—author of "Burma's Pop Music Industry: Creators, Distributors, Censors"—describes a copy thachin song as one which "features melodies, harmonies, and timbres copied more or less exactly from an English-language hit song; the lyrics of copy thachin are always sung in Burmese, and these lyrics are not a translation of the original English."

Copy thachin songs are musical covers, but the Burmese language lyrics are new creations and may carry a totally different meaning to the original lyrics.

In Burma, copy thachin exist purely in the pop idiom, and are considered to be essentially distinct from Burmese classical music. For the most part, people in Burma are "not interested in fusion genres" MacLachlan adds; with copy thachin "the performers' goal is to reproduce the original sounds exactly, so they won't add any local sounds."

The act of "localizing" and bringing new significance to foreign musical compositions with Burmese language lyrics is at the core of the copy thachin tradition.

In recent years Burma's music industry has witnessed a variety of changes, and the tradition of copy thachin has been on the decline. This shift away from "copy songs" is due to a number of factors, according to MacLachlan.

MacLachlan highlights three main drivers of the shift: a new generation of musicians who place a high value on producing their own "original" music, the influence of foreign music producers who dislike copy thachin on principle, and a growing awareness of musical copyright with an understanding that Burmese musicians may face legal repercussions when they sell albums containing copy thachin or play them at concerts.

Burma's Emerging IPR Legal Framework

The 1914 Copyright Act remains the law of the land governing artistic creations, including musical compositions. This Act does not include any protection for foreign copyright, although the Burmese government is party to a number of international agreements that contain elements relating to IPR, and is in theory required to provide foreign and domestic IPR holders a basic level of legal protection.

Burma acceded to the World Trade Organization (WTO) and signed the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement in 1994, joined the Association of Southeast Asian Nations (Asean) in 1997, and became a member of the World Intellectual Property Organization (WIPO) in 2001—all of which include requirements related to the legal protection of IPR.

Under the Thein Sein administration, the Ministry of Science and Technology was charged with drafting a range of new laws and regulations relating to IPR. In July last year, the Ministry issued draft IPR laws, but to date they are stalled at the draft stage.

"The draft law has already been sent to the parliament. The progress of the discussion at the parliament cannot been seen from outside," Shimpei Yamamoto, the managing director of IPR issues at the Economic Research Institute for Asean and East Asia, told The Irrawaddy late last year.

"I am optimistic about the progress. An IPR specialist from the Japan Patent Office is now stationed in the Ministry of Science and Technology, helping them to pass the IPR law and establish an IP Office [in Burma]," he said.

Jakub Ramocki, of the Asean IPR Small and Medium Enterprise Helpdesk, told The Irrawaddy that strong IPR protections are a very important consideration for businesses looking to invest in Burma.

"The last decade has witnessed a fundamental growth in the importance of the value of IP assets in business," he said. "Companies often do not realize the potential lying in intellectual property such as software, in-house databases, brands (even those not registered), reputation, goodwill, supplier lists, customer lists, recipes and/or formulas, and production secrets."

"These are all IP assets that have value, and can and should be properly managed since they build an image of a company, give competitive edge and influence the value of an enterprise," he said.

The unwillingness of some foreign companies to invest in Burma without clear IPR laws was reiterated by Eric Rose, lead director at Herzfeld Rubin Meyer & Rose Law Firm's Rangoon office.

He told The Irrawaddy, "Without [Burma] adopting its WIPO-advised draft IPR laws, including the revised copyright statute, which have continuously been revised for years in various government agencies, there is no chance that foreign investors, or their lawyers, could legally enforce nationwide the protection of their copyrights in [Burma]."

The reasons for the delay in bringing the draft IPR laws into force are not entirely clear. Although, given the wide-ranging impacts that this new legal framework will have on Burma's economy, perhaps careful consideration is warranted.

Copyright Proponents

Proponents of strong IPR enforcement claim that these laws benefit musicians, as well as others in the music business.

Peter Fowler, the regional intellectual property attaché for Southeast Asia at the US Embassy in Bangkok, told The Irrawaddy, "The enactment of a new Copyright Law will have an immediate impact in providing relatively modern legal protection for a full range of artists, composers, performers, and music industry businesses who want to establish legitimate business models."

He concluded that the new IPR Laws would provide "a stronger tool to both legitimate rights owners and law enforcement officials to go after music pirates."

Min Tayza Nyunt Tin, an IPR expert with MN Associates Law Firm, agreed that the current lack of an IPR legal framework is bad for musicians because "there is no chance to protect their creation of artistic works."

"I heard that there are a lot of great local musicians creating very original music in [Burma]," said Shimpei Yamamoto of the Economic Research Institute for Asean and East Asia, adding that they would be "happy because an IPR law of [an] international [standard] can be a good opportunity for them to expand their market outside of [Burma]."

Neil Turkewitz, from the Recording Industry Association of America, noted the potential for a strong IPR framework in the culture industries to kick-start wider economic development, saying, "Effective copyright protection promotes economic development, creates jobs and fuels cultural diversity by creating financial incentives for investing in cultural production."

As Burma's IPR legal framework slowly emerges, Fowler said musicians and the music industry face two main challenges: "getting paid for their work so that they can be financially rewarded for their creative intellectual property, and educating the public and consumers—who in [Burma] are accustomed to not paying very much, if anything, for music—as to why stronger copyright protection and enforcement is good for [Burma], both culturally and economically."

Fowler added, "The best way to approach public awareness and education is to conduct extensive public campaigns that reach average consumers and users of music and, if needed, to take legal action by filing civil infringement actions against larger scale commercial pirates/infringers who do not comply with the new law voluntarily."

Balancing IPR Protection With 'Fair Use'

On the other side are those urging caution, pointing to potentially negative impacts on creative expression with the development of wide-reaching IPR laws.

Peter Jaszi, a law professor at the Washington College of Law at American University, told the The Irrawaddy that "musicians and composers can also suffer from too much IPR.  Because everything new incorporates elements that have gone before, too much copyright can burden, inhibit, or distort new creativity."

IPR and copyright operate within the wider economy, and often reflect structural power imbalances and inequalities present in the socio-economic arena. Sometimes, laws that are framed as protecting the rights of musicians actually work more to benefit the record companies producing and distributing the music.

"It's worth noting that, in practice, the real benefits of IPR protection for music tend to be unevenly distributed in most places in the world—that is, the lion's share usually go to the producers who have contractual deals with other members of the music-making community," said Jaszi.

"If justice for musical-composers were a real goal, it would be good to include some language in the statute that limits or regulates the terms of such contracts," he said.

Jaszi recommends "countries that are writing new, strong copyright laws balance the additional protections provided with enhanced 'limitations and exceptions,' like the fair use doctrine in the US [which] interestingly and significantly is a topic on which the TRIPS agreement is entirely silent. But that doesn't mean that it shouldn't be part of the legislative deliberation."

"Two Sides of the Same Coin"

As seen with the prevalence of copy thachin, Burma could be considered a net importer of copyrighted music, but with local "value-added." It is very possible that new strong IPR laws will mean an end this unique form of artistic expression.

Finding the correct balance between protecting the ability of musicians to get paid for their musical production and encouraging creativity and innovation through the creative commons is crucial.

"A well-functioning copyright system fuels both production and access, which are not competing forces but two sides of the same coin. It is a tool of economic emancipation, and an engine of free expression," said Turkewitz of the Recording Industry Association of America.

"The biggest challenge not only for musicians but also for all the people in [Burma] after passing IPR law is awareness of IPR," said Yamamoto of the Economic Research Institute for Asean and East Asia.

He added, "If they do not learn what IPR is they cannot utilize it or, in the worst case, they may infringe IPR without recognizing it and get into legal trouble."

In the past, musicians from Burma have run against the limits of copy thachin when they travelled abroad to perform for Burmese diaspora audiences, as Heather MacLachlan has documented in numerous interviews with musicians.

"When they are in the US, they try not to play any of their copy thachin, because they're worried that they might get in legal trouble if Americans were to hear them. No problems so far, but they worry about it," she said.

Soon they may need to worry about it at home as well.

Sam Stubblefield has been living in Southeast Asia for nearly a decade and is a keen watcher of political economy and culture in Burma.

The post A Song By Any Other Name appeared first on The Irrawaddy.
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