The Irrawaddy Magazine |
- Human Rights Situation Still Dire: UN Envoy
- Isolated and Lacking Labor Rights, Housemaids Toil in Silence
- Dateline Irrawaddy: ‘If the Fourth Estate is Strong, Authorities Dare Not Play Unfairly’
- The Irrawaddy Business Roundup (July 2, 2016)
| Human Rights Situation Still Dire: UN Envoy Posted: 01 Jul 2016 10:52 PM PDT  UN Special Rapporteur for Human Rights in Burma Yanghee Lee speaks at a press conference July 1, 2016 in Rangoon. (Photo: Soe Zeya Tun / Reuters) RANGOON — Rights abuses are ongoing in Burma despite the election of the country's first democratically-elected government in half a century, according to UN Special Rapporteur for Human Rights in Burma Yanghee Lee. Lee ended her 12-day visit to Burma with a press conference in Rangoon, where she said there was no difference between the human rights conditions now and under the previous quasi-civilian government. "The home ministry and the Special Branch of the police are the same people from the past government," said the South Korean Envoy. "That is why things have not changed…Old habits die hard." Lee was not just critiquing the situation based on secondhand accounts. She encountered police interference herself. "I also continue to receive reports of monitoring and surveillance of civil society actors and human rights defenders," she said in her statement released at the press conference. "During this visit, I unfortunately was informed that my interlocutors were photographed by security officials, and were questioned prior to and following our meetings." She was particularly concerned with the situation in Arakan State, where the Muslim Rohingya minority remains marginalized and deprived of many rights. "The recent establishment of the Central Committee on Implementation of Peace, Stability and Development of Rakhine [Arakan] State signals the priority given by the government to addressing the complex challenges facing both communities," her statement said. "Nevertheless, my visit to Rakhine State unfortunately confirmed that the situation on the ground has yet to significantly change." "The conditions in the IDP [internally displaced persons] camps I visited remain poor with concerns about overcrowding, the deterioration of temporary shelters and housing, and the lack of proper sanitation facilities," she said, adding, "While there is rightful emphasis on ensuring development and humanitarian assistance to all communities, ending institutionalized discrimination against the Muslim communities in Rakhine State must also be an urgent priority. The continuing restrictions on the freedom of movement of the Rohingya and Kaman communities cannot be justified on any grounds of security or maintaining stability." But her concern for issues in Arakan State extended beyond just the Muslim communities. "Also of concern is the continuing detention and reported torture of individuals with suspected ties to ethnic armed groups under Section 17 (1) of the Unlawful Associations Act," she said. "In particular, there has been a sharp increase in cases in Rakhine [Arakan], where reportedly some arrests have been made with little supporting evidence." Lee also commented on the peace process, noting especially the role women could play. "The previous government made a commitment to ensure at least 30 percent representation of women at all levels of the peace dialogue," she said. "This commitment should be met as a minimum. A gender perspective must also be incorporated into all areas of the dialogue." Lee has been a controversial figure, particularly among small but vocal Burma's far-right nationalist groups. Last year, the monk Wirathu, a leader of the Buddhist nationalist group Ma Ba Tha, called her a "bitch" and a "whore." The post Human Rights Situation Still Dire: UN Envoy appeared first on The Irrawaddy. |
| Isolated and Lacking Labor Rights, Housemaids Toil in Silence Posted: 01 Jul 2016 08:00 PM PDT  This photo of an eight-year-old housemaid in Rangoon's Bahan Township being tortured by her employers went viral on Facebook in 2015. RANGOON — Khin Htar Kyu was in her late teens when she left her village in Irrawaddy Division's Wakema Township with her younger sister to find work in Rangoon to help her indebted family. Upon arrival, she took the first job she was offered and began to work as a live-in housemaid for a family in Sanchaung Township. Four years have passed and the 23-year-old has rarely had a day off since. She usually works from 4am to 10pm—cooking, cleaning and taking care of the young children. For this grueling work, she earns US$85 per month and free meals and lodging. "Sometimes, I want to take one day off during the week but I can't," Khin Htar Kyu said, adding that she even cares for her employer's baby in the middle of the night. "I was happier as a farmer; I had a lot of quiet and freedom. I didn't need to care about anything except my crops," she said wistfully. Across Myanmar, there are tens of thousands of girls like Khin Htar Kyu who leave their poor families to become domestic workers for wealthier households. They usually receive little pay and lack labor rights protections, according to women and child rights activists, who say the maids are often young—or underage—and vulnerable to various forms of abuse by their employer. Naw Aye Aye Hlaing, program manager with Rangoon-based NGO Women Can Do It, said workers usually don’t complain about their situations because they are isolated in their employers' homes and lack the support to report abuses. "Myanmar has no special support group to help housemaids as they are seen as unimportant workers," she said, adding that more must be done to ensure proper treatment of workers. "Housemaids should be set reasonable tasks… [and] employers should be responsible for creating a safe working environment," said Naw Aye Aye Hlaing, whose organization promotes women's education and involvement in politics. Vulnerable and Unprotected Aung Myo Min, executive director at the NGO Equality Myanmar, said many maids are children from poor families who cannot care for them. They are placed with wealthier households and provide free labor in return for a roof over their heads. "Some of these children have a lower status than domestic workers – they just get a meal and shelter, not money, for their work," he said, adding that such issues also relate to Myanmar's longstanding problems with ensuring child rights and preventing child labor. Maung Maung Soe, a lawyer in Rangoon, told Myanmar Now that maids are often poorly fed, lack proper sleeping quarters and are regularly beaten. Yet, court cases against abusive employers are very rare as maids lack legal avenues to complain. "They have little legal protection as there are no [labor] laws to protect housemaids against employers. But if they are accused of stealing money from their employer they can easily be prosecuted," said Maung Maung Soe, who has provided legal aid to abused workers. Files at Rangoon Regional Police Headquarters obtained by Myanmar Now show authorities recorded only eight cases of criminal abuse of maids by employers in the whole country between 2011-15, four of which were in Rangoon. An employer was sentenced in only one case. Kyi Hla Myint, a man from Rangoon's Bahan Township, received three years in prison with hard labor in February 2014 for beating a 14-year-old girl, burning her hands with cooking oil and locking her in a room without food. In 2013, a 14-year-old housemaid managed to file a complaint with police over beatings on her head, back, arms and chest, caused by members of a family in North Dagon Township who employed her for four years. Three of them are now facing criminal prosecution at the township court. The victim's uncle, Myo Oo, said his niece will never work as a housemaid again. "She has trauma from that job," he said, adding that he hoped the perpetrators would face serious criminal punishment. Legal Protection Needed Rights activists said the cases are merely the tip of the iceberg as many abuses go unreported because victims lack the strength or knowledge to stand up to their employers, or because the issues are quietly settled by employers. "Only if housemaids have major injuries on their bodies can they have enough proof for a police complaint. Otherwise, it is very difficult for them," said Maung Maung Soe. Aung Myo Min, of Equality Myanmar, said the government should draw up legal protections for domestic workers and inform them of their rights. "Housemaids need to know how and where they can file complaints against abuses by employers," he said. Nyunt Win, deputy director-general at the Factories and General Labor Laws Inspection Department, told Myanmar Now that the Ministry of Labor, Immigration and Population has held discussions with civil society organizations over drafting a law that would set a minimum age for domestic workers and provide basic labor rights, such as working hours and holidays. He acknowledged the workers' situation was currently poorly regulated. "There are many controversial issues regarding housemaids, including working hours and off-days," Nyunt Win said, before adding that maids "should not refuse to prepare meals or wash clothes at the time when their employers come home." Myanmar Now contacted several National League for Democracy (NLD) lawmakers, but none had knowledge of the draft law to protect domestic workers. Improving Recruitment Bringing poor girls from rural areas to work as housemaids in wealthier households in cities and towns is a longstanding practice in impoverished Myanmar. The process often involves relatives or neighbors of the girls who connect them with wealthier families, but these days most maids are placed with an employer by recruitment agencies or unregistered brokers. One informal broker in Rangoon named Moe Moe said she had helped ten families find a housemaid in recent years, earning about $30 in commission per worker. She said she ensures that both maid and employer are suitable and trustworthy. "I will have to face any follow-up problems, so I avoid strangers in this business," Moe Moe said. Khin Swe Win said her family in Rangoon's South Okkalapa Township had found a maid through her relatives. "Most housemaid brokers do not take responsibility for their work, so I relied on close family members," she said. The Rangoon Karen Baptist Women's Association has created an organization called Protection for Women in Household Services that tries to ensure that girls are employed by families who treat them well. Naw Phaw Wah, the director of the organization, said her staff has helped about 100 maids find safe jobs and has carried out regular visits to check on their working situation. "The employers are warned once if housemaids are found to be treated badly. If they neglect our suggestions the organization withdraws its housemaid," she said. Khin Htar Kyu said she desperately wanted to quit work as a maid, but she needed to send cash to her family and help them save up to $1,000 to regain control of their farm in Wakema Township, which they pawned to a wealthy neighbor. "I cannot foresee the day when our family can get back their land and I can go back to the village," she said. This story first appeared on Myanmar Now. The post Isolated and Lacking Labor Rights, Housemaids Toil in Silence appeared first on The Irrawaddy. |
| Dateline Irrawaddy: ‘If the Fourth Estate is Strong, Authorities Dare Not Play Unfairly’ Posted: 01 Jul 2016 07:30 PM PDT
Saya U Kyi Min, the military filed a lawsuit against 7 Day newspaper for a story called 'Thura U Shwe Mann urges DSA [Defense Services Academy] graduates to cooperate with the current government.' But, we learned that it dropped the lawsuit, which is good news. We heard that the military did not inform the Myanmar Press Council of its plan to sue 7 Day. Even if they have a sound reason to sue, how should they have proceeded under the current guidelines? Kyi Min: The Press Council Act states that in the case of a dispute, the suffering side may file a complaint to the council. It does not say filing a complaint is a must. So, the suffering side can either file a complaint or not. It is free to directly file a lawsuit to the court. KZM: It is up to the suffering party? KM: Yes. The act was designed to prevent us from becoming the main monitoring mechanism. If the act makes it necessary to file complaints to the press council for any dispute, then all complaints will be filed with us. Then, we will have to mediate every case. So, the law states complaints may be filed with us. In the case of the army's lawsuit against 7 Day, the army did not file complaint with us; they sued 7 Day directly. KZM: The army filed the case under Section 131 of Chapter 7 'Offences relating to Army, Navy and Air Force' of Burma's Penal Code [which punishes anyone who abets mutiny or attempts to seduce an officer from his allegiance or duty]. Does the charge fit or is it a heavy charge for this story? Robert San Aung: As far as I understand, it is not that 7 Day wrote the story in a misleading manner. I doubt that the charge under Article 131 of Penal Code is appropriate. Today, at a time when the Commander-in-Chief of Defense Services Snr-Gen Min Aung Hlaing himself is taking a leading role in building national reconciliation and friendship between the military and the people, we can't say prosecuting a newspaper or journal related to people is appropriate. My suggestion is that if there are difficulties or disputes, they should be settled through the MPC first so that the problem will not get worse. If not, the problem may be aggravated by outside factors. In the current case, some Facebook users wrote this and that on social media, which adds fuel to the flames. This is neither good to the military nor to 7 Day. I would suggest that the best option is to take action in coordination with the MPC. Under Article 3 of the Myanmar Press Council Act, the press council can mediate settlement. This morning, we heard that the army settled the lawsuit against 7 Day. I saw the report on the Standard Daily. I would say today is an auspicious day. KZM: Anyway, it is good that the army dropped the lawsuit. But I am afraid that the lawsuit comes as a warning to all other media. This is the first case of the military prosecuting a media outlet under the new government led by President U Htin Kyaw and Daw Aung San Suu Kyi. There were similar cases under the previous government. These lawsuits have impacts. In your view as a member of the press council, what should be the procedure be to file a lawsuit? Is it fair to say that the military suing 7 Day is a threat to the media? KM: Our council is here to facilitate people's right to be informed and to prevent obstacles against that. It is also supposed to protect the freedom of expression of journalists on the condition that they report ethically, that what they're reporting is true and that the reporting will not harm state interests. We have to intervene if a reporter who follows these guidelines is prosecuted. However, under the Myanmar Press Council Act we are not supposed to intervene unless concerned parties file complaints with us and seek our intervention. Previously, our council was an interim council and now it has become a permanent one. We have settled about 190 cases—between the government and journals, private publications and private publications, and journals and people. We could settle most of the cases through negotiations. Some of them were not satisfied and in that case they could initiate legal proceedings. We can only engage within our limited mandate. To answer your question, we want a peaceful settlement. If media personnel are not ethical in their reporting, it is their fault. We assume that we need to intervene if authorities or people are too sensitive about a truth and file unnecessary lawsuits. KZM: As far as we are concerned, we don't think the news is wrong. How can we resolve it when lawsuits are filed against media outlets that publish the truth? KM: We held a meeting Monday and immediately stated our position. We released the statement Monday evening and we were happy to hear the good news this morning. We are proud of ourselves. We seldom issue statements, especially on issues related to the military because they are too sensitive. Under the circumstances, we issued a rare statement with carefully chosen words and extra caution. Therefore, I was happy to hear the good news this morning. The entire press council is happy. KZM: U Robert San Aung, what do you think of this case from a legal aspect? 7 Day was sued for publishing a story based on what Thura U Shwe Mann said. Other media outlets also reported it. Isn't Thura U Shwe Mann, who said those words, directly responsible? Should the lawsuit be targeted at the person who made the statement or the reporter? RSA: Thura U Shwe Mann's case is not the first case like this. There was a previous example in which lawyer U Myint Aung from Mandalay got his license revoked permanently for quoting the phrase, "No one is above the law," in a case related to a high-profile person. In the current case, Thura U Shwe Mann is mainly responsible. He is more knowledgeable about military affairs and he should take the lead in solving the problem. 7 Day exercised 'the right to know' enshrined in Article 3 (e) of the press council act. In that case, 7 Day should be considered a witness or abettor. The main offender is Thura U Shwe Mann and 7 Day just quoted him in its reporting. It bears no responsibility unless it includes its opinion of the speech in the story. I want Thura U Shwe Mann to take responsibility because only when there is amity between the military and the people can internal peace and the 21st Century Panglong Conference be realized. At this time, anything that harms the military or the people should be avoided. KZM: It is fair to say that Snr-Gen Min Aung Hlaing is fairly friendly toward the media, unlike his seniors. He always grants interviews to foreign news agencies. Many people like his interviews. Given that, why did the military take it so seriously and decide to prosecute rather than negotiate? RSA: The commander-in-chief of defense services did not seem to know the particulars of the situation. It seems that the lower level [of the army] misunderstood it and took preventive measures out of their own concern. We are encouraged to see Snr-Gen Min Aung Hlaing speaking very politely when he engages with the people. Regarding the army's prosecution of 7 Day, I believe that the army chief did not know about it. We don't know why the army decided to sue—maybe there were complicated underlying factors. KZM: You mean it was one of their political moves. RSA: Yes, it could be. It would be better if reporters mentioned sources below their stories in brackets. The most important thing is that I would like to urge journals not to sue each other because it may harm unity and lead to division. Third parties may not hesitate to touch them if they think there is no unity among journals. Therefore, I would like to request that journals don't sue each other. KZM: The right to know is very important for people, especially in democracies where people need to know all that they should know. We accept that publications that make false reports should be prosecuted. But, there are cases in which governments or private companies file wrongful lawsuits against journals. Saya U Kyi Min, what is your suggestion to both sides to reduce these types of cases in the future? KM: As I occasionally give lectures at journalism institutes, I give lectures on how to be objective and truthful without crossing a line. When I entered the field of journalism in 1969, my master Atauktaw Hla Aung asked me to read by heart everything related to Section 500 on my second day as a journalist. I had to learn how to avoid crossing the line in my reporting under different circumstances. Media personnel need to have broad legal knowledge and they should report cleverly and present complete and truthful investigations. If they can do that, they have nothing to worry about in front of a fair trial, should that exist. KZM: What about the authorities? KM: If the fourth estate is strong, authorities dare not play unfairly because the fourth estate serves the people. But I stress the condition of: if there is a fair judicial system. KZM: I doubt that fair courts will emerge overnight in our country. RSA: There are hardly any. KZM: Thank you for your contributions. The post Dateline Irrawaddy: 'If the Fourth Estate is Strong, Authorities Dare Not Play Unfairly' appeared first on The Irrawaddy. |
| The Irrawaddy Business Roundup (July 2, 2016) Posted: 01 Jul 2016 06:30 PM PDT  World Bank President Jim Yong Kim speaks in the Swiss mountain resort of Davos, January 23, 2015. (Photo: Ruben Sprich / Reuters) Watchdog Says Burma Has Improved Anti-Money Laundering Measures The intergovernmental Financial Action Task Force (FATF) on money laundering has removed Burma from its lists of countries with compliance issues, hailing the government's progress toward clamping down on illicit funds. The group—which is housed in the OECD's Paris headquarters and is led by developed countries—keeps track of high-risk jurisdictions for money laundering and terrorism financing, and highlights those countries it says are not making sufficient efforts to tackle the problems. Until this year, FATF listed Burma as a jurisdiction that had not made sufficient progress in implementing a plan to tackle money laundering. In a country where some are believed to have made vast profits from corruption and drug trafficking, the task force over several years repeatedly reminded the Burmese government that it needed to do more to make sure it wasn’t allowing funds to be laundered or to go toward terrorism. In February, Burma was upgraded to a list of countries with only "strategic deficiencies," with the FATF crediting the government's moves to enhance financial transparency and establish a functioning Financial Intelligence Unit to investigate suspicious financial activity. The organization said it would conduct a visit to confirm the progress. On June 24, in a statement following a plenary meeting in South Korea, the FATF said Burma, as well as Papua New Guinea, was being removed completely from the lists. It congratulated the countries "for the significant progress made in addressing the strategic AML/CFT [anti-money laundering/combating terrorism financing] deficiencies earlier identified by the FATF and included in their respective action plans. "Both countries will no longer be subject to the FATF's monitoring under its on-going global AML/CFT compliance process," the statement said. "Both countries will work with the Asia/Pacific Group on Money Laundering as they continue to further strengthen their AML/CFT regime." Moving off the list could help to reassure overseas financial institutions, particularly in the US, on dealing with transactions involving Burma. US Eases Reporting Requirement for Investors American companies making an investment in Burma worth less that $5 million will no longer have to file reports with the US Embassy in Rangoon on what policies they have in place to protect human rights in the country. Since the US government began loosening its sanctions regime to recognize democratic reforms, some firms have been required to file reports under State Department rules. From 2013, companies or individuals making an investment of more than $500,000 in most sectors, or any investor in the oil and gas sector, were required to file reports. Companies already filing the reports include major investors like Coca-Cola, toothpaste company Colgate, Palmolive and Ball Corporation, which makes cans for drinks. Some even filed extensive reports beyond the legal requirements. Notably, Gap Inc., which although it only sources from external suppliers that own factories in Burma, has filed two reports on "responsible sourcing," including the disclosure that it discovered that its suppliers had used child labor in the past. Smaller firms or investment vehicles have also filed reports, some of which included the bare minimum to comply with the law. Following the transfer of power to a National League for Democracy-led government in late March, the US government has further relaxed sanctions against Burma. In May, restrictions on dealing with financial institutions in the country were eased, and a rule allowing trade through Rangoon's biggest port and airport, which are operated by a sanctioned company, was extended indefinitely. The Embassy website's page on reporting requirements was updated late last month to raise the threshold for the reporting requirement tenfold to $5 million. Human rights and environmental campaigners have opposed the move, which they say was the result of lobbying by the US Chamber of Commerce and the American Chamber of Commerce Myanmar. In a blog post June 24, Earth Rights International lawyer Zamira Djabarova said the decision, "effectively weakening the rule," had been taken without any companies publicly opposing the reporting rule. While unpublished comments were likely to have been submitted, some large investors, including Coca-Cola and Gap, had spoken up in support of the requirement, Djabarova wrote. Analysts Predict Construction Industry Growth More Than 10% The construction industry in Burma is forecast to grow by an annual average of more than 10 percent in coming years, according to a report from analysts, who predict the sector will be worth $13.5 billion by 2020. Business information company Timetric's Construction Intelligence Center said in a press release that a new report on the industry found that construction in Burma was worth $8.2 billion in 2015. It said, "growth will be supported by the country’s improving economic conditions, but will mainly depend on government investments in residential, energy and utilities, and public infrastructure projects, as well as a rise in foreign investments." A breakdown of the current state of the industry said about half of the sector in terms of value was in residential construction. The analysts also forecast infrastructure construction on roads, bridges, airports and ports, will grow steadily. The government—presumably with the help of donors—set to pour a total of $26.8 billion into a transport masterplan up to 2030, it said. "Consequently, infrastructure construction is expected to reach US$4.2 billion in 2020," the press release said. Bangkok Airways Wants to Fly to Bagan, Myeik The boutique carrier Bangkok Airways is hoping to fly directly from Thai airports to the temple-tourism destination of Bagan and the archipelago gateway of Myeik, according to an industry publication. aviationpros.com said in a report this week the carrier, based out of Bangkok's Suvarnabhumi Airport, was applying to Burma's Department of Civil Aviation for permission for two new flights. One would connect the northern Thai city of Chiang Mai with Nyaung U, close to Bagan, in Mandalay Division, and the other would link Bangkok and Myeik, also known as Mergui, in Tenasserim. Burma's smaller airports are generally only served by domestic airlines, but both destinations are expected to grow as the number of tourists visiting Burma increases. Some of the hundreds of islands off Myeik, most of which remain untouched, are currently undergoing development as tourist sites. "Bangkok Airways hopes to secure regulatory approval from Myanmar civil aviation authorities for the two routes, a process that may take up to eight months," the report said. "But the carrier is not in a rush to launch the two new Myanmar routes, expecting to put them on its flight roster during the winter season, starting at the end of October," it added. Bangkok Airways already flies between Bangkok and airports in Rangoon, Mandalay and Naypyidaw, and connects Chiang Mai to Rangoon and Mandalay. World Bank Study Recommends Diversification A study conducted by the World Bank at the behest of Burma's Ministry of Commerce has recommended that the government focus on light manufacturing, services and agribusiness to make the country less reliant on extractive industries. A press release this week on the official launch of the Myanmar Diagnostic Trade Integration Study made recommendations on how to ensure inclusive growth as Burma's economy develops. It urged officials to continue with reforms to make it cheaper for private businesses to trade, and encouraged "soft infrastructure reforms." Recommendations from the study include improving access to finance, addressing skills shortages and simplifying the system of trade tariffs. The government should "encourage trade growth in the service sector by reducing administrative and regulatory barriers and consolidate coordinating mandate for services trade negotiation into one agency," the recommendations said. The press release said a key driver of inclusive growth would be "diversifying into sectors with high potential such as light manufacturing, services and sustainable agribusiness to rebalance the economy away from its overdependence on natural resources." The post The Irrawaddy Business Roundup (July 2, 2016) appeared first on The Irrawaddy. |
Kyaw Zwa Moe: Welcome to Dateline Irrawaddy! The Burma Army recently filed a lawsuit against 7 Day newspaper over a news story. But, the army dropped the lawsuit this morning after negotiations. We'll discuss how the Myanmar Press Council (MPC) can intervene and protect media agencies against such lawsuits. Saya Kyi Min, member of the MPC and writer, and lawyer U Robert San Aung will join me for the discussion. I'm Irrawaddy editor Kyaw Zwa Moe.| You are subscribed to email updates from The Irrawaddy. To stop receiving these emails, you may unsubscribe now. | Email delivery powered by Google |
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