AllSBNews: 05/13/16

Friday, May 13, 2016

The Irrawaddy Magazine

China to Deport Kokang Refugees Back to Burma: Sources
Min Aung Hlaing, Burma’s Commander-in-Chief, Not Stepping Down
Squabbles Over Terminology Obscure Suu Kyi’s Larger Goals
Mandalay Nationalists Demand Govt Condemn Term ‘Rohingya’
Burma’s Ex-VP Hopes New Government Will Bring Peace
Parliament Proves Conflict-Averse, to Ethnic MPs’ Dismay
South Asian Nations Unite Over Anti-Child Trafficking Drive
Cambodian Men Testify in Thai Fishing Boat Trafficking Case
Govt Proposes Keeping Some Junta Curbs on Protests

China to Deport Kokang Refugees Back to Burma: Sources

Posted: 13 May 2016 07:52 AM PDT

Kokang refugees in China pack their belongings after being ordered to return to Burma on Thursday. (Photo: Ta'ang Youth & Student Organization)

RANGOON — Chinese border authorities have ordered Kokang refugees back to Burma, threatening to deport those who resist the directive, according to sources on both sides of the border.

"They came through Thursday and destroyed 40 or 50 dwellings," said Sai Lao, a brigadier-general in the Myanmar National Democratic Alliance Army (MNDAA), a Kokang ethnic armed group that waged an intense campaign against the Burma Army in months-long hostilities that drove tens of thousands of civilians into China last year. "They will not tolerate staying along the border anymore."

Before they destroyed the houses, "they came to take photos and told the refugees to leave the area, otherwise they would be arrested and deported back to Burma," he said.

"The Kokang [refugees in China] cannot speak Burmese, and they are afraid of going back to Burma because they fear being detained there as well," he said.

The Kokang are Mandarin-speaking ethnic Chinese who trace their roots in Burma as far back as the 18th century.

In early 2015, as many as 100,000 people, mostly Kokang, fled across the border to China to escape the fighting between the MNDAA and the Burma Army.

The Shan Human Rights Foundation released a report last month estimating that 20,000 of those refugees were still living in makeshift camps in Yunnan province in southern China, much higher than a 4,000 figure projected by the UN Office for the Coordination of Humanitarian Affairs.

"They have no food, and they have no shelter, but the rainy season is about to come," said the MNDAA's Sai Lao. "They have to leave, but they have no place to go. They may have to flee into the jungle."

"They came and destroyed our houses from about 6 am to 11 am Thursday," said Aung Kyaw Myint, a Kokang refugee living in Yunnan. "Around 45 houses were destroyed."

"Some people went to their relatives' houses; some went back to Burma; and some went to hide out in the jungle," he said. "[The Chinese border authorities] told us that they did not want to mistreat us, but that their orders came from higher up.

"They said they would come again Thursday night, but it rained, so they didn't show up.

"If we could go back to our homes [in Burma], we would," he added. "But the situation is still unstable there, so we are afraid to return."

The Kokang hail from a semiautonomous area in Shan State along the Burma-China border known as the Kokang Special Region. The conflict there has largely died down since fighting first broke out in February 2015, but no definitive truce has been reached between the warring parties.

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Min Aung Hlaing, Burma’s Commander-in-Chief, Not Stepping Down

Posted: 13 May 2016 07:45 AM PDT

Snr-Gen Min Aung Hlaing, center, talks to the media on Friday. (Photo: Htet Naing Zaw / The Irrawaddy)

NAYPYIDAW — Burma's commander-in-chief said he did not plan to leave office, despite having reached the official retirement age of 60 years old, at a press conference in Naypyidaw on Friday evening, vowing to maintain his position for four more years.

"I would consider retiring probably around 2020 if certain goals are reached by then," said Min Aung Hlaing in a rare meeting with the press. "For example, if nationwide peace is achieved, [I would consider retirement]."

He pledged to try to make peace with all ethnic armed groups within five years.

The senior-general was also asked whether the military lawmakers, who control 25 percent of the seats in the Union Parliament in accordance with the Constitution, would relinquish their place in the legislature if peace were achieved with Burma's ethnic armed organizations. "If everything goes well, there will be an answer [to the question of military MPs]," he said. "It might be in accordance with the wishes of the people."

Meanwhile, controversy over use of the word "Rohingya" has swirled in recent weeks in foreign and domestic media, among foreign embassies in Burma and within the ruling National League for Democracy government. But on this issue, the commander-in-chief was unequivocal: "As we have said before, there are no Rohingya [in Burma]," he said.

Min Aung Hlaing said the meeting with the media was convened in order to allow journalists the opportunity to exercise their democratic right to pose questions to the leaders of the country.

"This is a democratic practice," he told reporters.

He added that he believed that some lower-ranking military officials might not satisfactorily answer all of the media's questions and therefore sought to answer journalists' questions directly.

Another concern many analysts have had about the ascent of Aung San Suu Kyi's party is the power the military continues to hold.

But Min Aung Hlaing was very clear, if not entirely truthful in assessing the extent of the constitutional power he still holds: "The commander-in-chief is ranked below the president," he said. "Contrary to what many assume, we are working together [with the civilian government]."

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Squabbles Over Terminology Obscure Suu Kyi’s Larger Goals

Posted: 13 May 2016 05:09 AM PDT

Aung San Suu Kyi, pictured here in 2014, has been lambasted by sections of the international press for her refusal to formally recognize the right of the Rohingya to self-identity. (Photo: Hein Htet / The Irrawaddy)

A New York Times editorial this week slammed what it called "Aung San Suu Kyi's Cowardly Stance on the Rohingya," in reaction to a request earlier this month from Suu Kyi's Foreign Ministry to the US Embassy to avoid using the term "Rohingya." The appeal came after an embassy statement last month offering condolences over the drowning of more than 20 displaced Muslims in Arakan State provoked a demonstration outside the embassy building for using the contentious term.

The New York Times is wrong to conclude that Suu Kyi, having bravely championed the rights of her compatriots in the face of despotism for a generation, has "continued" the unacceptable policies of Burma's former military rulers.

The Irrawaddy has reported closely on the conflict in Arakan State since 2012, when sectarian violence first broke out (resulting in some 140,000 displaced, mostly Rohingya Muslim), through to the tenure of the new government after the National League for Democracy's (NLD) landslide win in the November 2015 election. Throughout, we have been witness to the sheer magnitude of unfair attacks against the NLD on issues pertaining to religion and ethnicity.

In Arakan State, the NLD government faces a pressing new challenge in the form of ethnic armed insurgency, with the Arakan Army engaged in fierce hostilities with the Burma Army, on top of the unresolved religious conflict. Meanwhile the new government is striving to realize its election promises to end the country's civil wars and achieve national reconciliation—along with the tremendous burden of rebuilding a wrecked economy and enfeebled national institutions.

Under such circumstances, the NLD has to enlist the cooperation of the Burma Army. After five decades of repressive military rule, the Burma Army maintains its grip on core sections of the country's political apparatus and economy. The New York Times has misconstrued this reality, characterizing her necessarily cautious policy as a joining of hands with the military.

The new US Ambassador to Burma Scot Marciel appears to understand how Suu Kyi and the NLD government must proceed in rebuilding their country and establishing democracy.

"The normal US practice and the normal international practice is that communities anywhere have the right, or have the ability, to decide what they are going to be called. And normally when that happens, we would call them what they asked to be called. It's not a political decision, it's just a normal practice," Marciel told members of the press and civil society on Tuesday. The ambassador, however, avoided using "Rohingya" for the duration of the press conference.

Although international media have largely overlooked it, the diplomatic community are aware that Burma's Foreign Ministry has adopted a more moderate stance regarding terminology—advising the international community against using "Rohingya" as polarizing and unproductive—in comparison with the forthright position of the previous government: that there were no Rohingya in Burma, only "Bengalis" (the term widely used within Burmese society to imply that the Rohingya are interlopers from Bangladesh).

In an engagement with the diplomatic community last month, Suu Kyi as foreign minister also signaled a deviation from the insistence of the military government and its successor under President Thein Sein that the country be called "Myanmar" rather than Burma. She told the assembled diplomats from over 60 countries that they were free to use either term.

The Irrawaddy believes that, rather than arguing over terminology, it is crucial to initiate a dialogue between the Buddhist majority and Muslim minority in Arakan State and negotiate a lasting solution, which would alleviate the everyday suffering of all communities in the impoverished state.

The NLD government must invite stakeholders both from the country's ethnic insurgencies and its inter-religious conflicts to attend, and be heard, at the proposed "21st Century Panglong Conference" on national reconciliation and internal peace. The much-touted "union spirit" can only emerge under conditions of equality and mutual understanding among the diverse people of Burma—the one secure foundation for nation building.

At the same time, the NLD government needs to show humanity toward communities currently excluded under the 1982 Citizenship Law (notably the Rohingya, who are not listed among the 135 ethnic groups who automatically qualify for citizenship). Plans should be adopted in cooperation with the United Nations, international organizations and friendly foreign governments to promote peaceful coexistence between Burma's diverse communities, guaranteeing their fundamental human rights including access to medical services and schooling for children.

Only under such transformed conditions will the government be able to claim that there is no "ethnic cleansing" or systematic discrimination in Arakan State—and that the NLD government, unlike its predecessors, is not part of the problem but part of the solution.

Meanwhile, the international media and foreign governments should try for a deeper understanding of Burma's complex ethnic makeup and its fault-lines, to avoid making statements that may inadvertently fuel strife between communities.

When questioned on the Rohingya issue in a press conference right before last year's general election, Suu Kyi said it was unhelpful to exaggerate problems in Burma.

"All those who have goodwill toward this country should remember the Burmese saying: You have to make big problems small, and small problems disappear," said Suu Kyi.

This editorial was originally published in Burmese on The Irrawaddy's Burmese-language website.

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Mandalay Nationalists Demand Govt Condemn Term ‘Rohingya’

Posted: 13 May 2016 05:01 AM PDT

Nationalists in Mandalay protest on Friday against use of the term "Rohingya." (Photo: Zaw Zaw / The Irrawaddy)

MANDALAY — Some 400 nationalists gathered in Mandalay on Friday to demand that the government officially denounce, within three days, the US Embassy's use of the term "Rohingya."

Joined by more than 50 monks from the ultra-hardline Buddhist nationalist association Ma Ba Tha, protesters wore yellow headbands and white T-shirts with "No Rohingya" and pictures of the ancient Burmese King Anawrattha printed on them as they called for government action.

"The government of [Aung San Suu Kyi] is responsible for condemning the United States and urging the world to stop saying 'Rohingya,'" said U Sandar Thiri, secretary of the National Buddhist Monk Association of Mandalay, a group backed by firebrand monk U Wirathu.

"If the government doesn't take action within three days, we'll only ramp up our movement, such as by opening protest camps in certain areas, until the government acts," he added.

Protesters marched to 62nd street, one of the main roads in the eastern part of Mandalay, shouting slogans, carrying placards and condemning the US Embassy's use of the word in question in a statement on April 20 that extended condolences and expressed concern over the death of at least 21 internally displaced Muslims when a boat capsized near Sittwe, the capital of Arakan State.

"There have never been Rohingya among Burma's ethnic groups. The US Embassy's referral of Bengalis as Rohingya is insulting to our history and to our country, which is in danger of seeing Bengalis become one of our ethnic groups and join our citizenry," said Pyae Phyo Aung, who helped to organize the protest in Mandalay.

Like many people in Burma, Pyae Phyo Aung was using "Bengalis" to refer to the Rohingya, the contention being that they are illegal immigrants from Bangladesh, despite many members of the Muslim minority having lived in Arakan State for generations.

"The US Ambassador to Burma said that he will continue to respect the name of the people, which means that he and his government will continue to use 'Rohingya' and that we will continue to take it as an insult to our country," he added.

A statement from U Wirathu, read aloud by one of the protesters, said that use of the word "Rohingya" would be one of the top challenges facing Burma's new government and that it would show whether the government can balance this issue with its relationship with the United States.

"The US government is only saying that it promotes democracy, development and peace, when in reality it's trying to destroy these things in our country," the statement said.

"Using that word and casting [Rohingya Muslims] as poor people in this country is an insult, an act of provocation and interference in our country's affairs. If the government neglects our feelings on this issue, has no transparency and isn't brave enough to handle this situation, then we will have to be the ones to take action, instead of the government."

Protesters sought to march in front of the divisional government office, but police blockaded them from going near the building, forcing protesters to disperse a few block from the office.

Protesters also demanded that the government drop charges against demonstrators who staged a similar protest in front of the US Embassy in Rangoon in late April.

Many international human rights groups point the finger at Ma Ba Tha and other ultra-nationalist groups for the increase in anti-Muslim violence in Burma in recent years. A report from Fortify Rights and United to End Genocide released on Monday said that there are more than 140,000 Rohingya and other Muslims confined to some 40 "squalid" internment camps in Arakan State.

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Burma’s Ex-VP Hopes New Government Will Bring Peace

Posted: 13 May 2016 02:17 AM PDT

Former Vice President Sai Mauk Kham in Chiang Mai, Thailand, on Thursday. (Photo: Kyaw Kha / The Irrawaddy)

CHIANG MAI, Thailand — A successful peace process will depend on the efforts of the new National League for Democracy-run government, said the ethnic Shan Sai Mauk Kham, former vice president of Burma and former chair of the Union Peace-making Working Committee, on a visit to Shan communities in Chiang Mai, Thailand, on Thursday.

Currently a Lower House parliamentarian representing Lashio for the Union Solidarity and Development Party (USDP), Sai Mauk Kham expressed his sympathies for the thousands who have been displaced by fighting among the Burma Army and multiple ethnic armed groups, which continues in the Shan State.

"As we all know, fighting is not good for either side," he told The Irrawaddy. "The Restoration Council of Shan State, a signatory of last year's nationwide ceasefire agreement, and the Ta'ang National Liberation Army have their own reasons for fighting, but this causes the public to suffer."

"I have not proposed any legislation in Parliament [to stop the conflict] as I am still studying the parliamentary procedures and protocols," he said. "The new government is working on a new peace process, and we must wait and see how the Tatmadaw [Burma Army] and the newly formed peace committee will proceed."

Sai Mauk Kham stopped in Chiang Mai, home to a large Shan community from Burma, on his way to receive an honorary doctorate in educational administration from the Mahachulalongkornrajavidyalaya University on May 15.

"I am honored to be acknowledged by a world-famous university for what I have done in the fields of social work and religious affairs," he said.

Prior to becoming a politician in 2010, the devout Buddhist was head of the Shan State Literature and Culture Association, and has been recognized for promoting Shan culture by helping to found Shan State Buddhist University in 2014.

His election win last year was not without controversy, however, with the candidate dogged by allegations of voter fraud in the days following the Nov. 8 election. The Shan State election subcommission ultimately declared him the legitimate winner.

The post Burma's Ex-VP Hopes New Government Will Bring Peace appeared first on The Irrawaddy.

Parliament Proves Conflict-Averse, to Ethnic MPs’ Dismay

Posted: 13 May 2016 01:52 AM PDT

Civilians purportedly displaced by conflict in Arakan State's Buthidaung Township. (Photo: Myat Moe Kyaw / Facebook)

It was not a fight, per se, but at the same time, it was not a peaceful week in Parliament. It's not what was said, but rather what wasn't.

Lower House Speaker Win Myint on Wednesday rejected a proposal by a lawmaker from the Arakan National Party that sought to bring up for discussion recent hostilities in Arakan State, where some 2,000 civilians have been displaced by a conflict pitting the Arakan Army against government troops. At its core, it was a proposal that was about consideration of a humanitarian aid package for the displaced.

The speaker objected, at least in part, because he saw the proposal as having been politicized by an addendum to the aid pitch that sought to bring the Arakan Army into talks with the government and military to end the fighting.

Lawi Weng is a Senior Reporter for The Irrawaddy English edition.

The Arakan Army was formed in 2009 in northern Kachin State's Laiza, the headquarters of the Kachin Independence Army (KIA). Far from their declared homeland, troops from the Arakan Army eventually returned to western Arakan State, an unsettling development for the Burma Army, which for years did not face any kind of formidable ethnic armed opposition in the region.

They have just such a foe now.

In the Upper House a week earlier, the ANP fared only slightly better: A proposal brought by the party was opened to discussion by the upper chamber's speaker, but the outcome was hardly more encouraging, with the proposal "documented" but stronger action deferred.

No aid package considered, and no word from lawmakers on whether a majority agreed with the proposal's contention that a Burma Army-initiated cessation of hostilities was in order, and that the Arakan Army should be brought into the peace process.

In merely putting the proposal on record, Upper House Speaker Mahn Win Khaing Than told lawmakers that the National League for Democracy (NLD) administration had made clear that it would spearhead an inclusive peace process in the months to come, apparently rendering any further parliamentary input unnecessary.

The Arakanese are just one ethnic minority group in Burma, though they are numerically the largest represented in Parliament, and still their legislative initiatives this month were largely failures. How then might smaller ethnic political parties, perhaps the Ta'ang National Party or the Shan Nationalities League for Democracy (SNLD), feel about prospects for conflict in their respective constituencies (no hypothetical; a present day reality) getting attention in the legislature?

At this juncture in Burma, with no civilian control of the military, ultimately whether there is peace or war in Arakan State will be determined by the men with guns. But that does not mean the men and women with a voice and a vote in Parliament should not have the opportunity to debate the matter—in particular when it includes consideration of government-funded humanitarian aid for people displaced by the conflict.

In short, this week was not a good week for national reconciliation, that broad and somewhat abstract concept that, fundamentally, is about overcoming decades of mistrust between the Burman majority and the country's ethnic minorities.

The new government, which worked hard to dispel notions that it was a "Burman party" during the election campaign season, made a point to field ethnic minority candidates and pledged to make national reconciliation among Burma's many diverse peoples, and peace, top priorities.

"Only if you have faith in us and give us a chance to do it," she told a voter in war-torn Kachin State, when asked about the party's plans for peace. "Without being the government, we aren't able to bring peace. That's the reality."

Another reality: You are now "the government" and call the shots in Parliament with commanding majorities in both houses, and as such have an obligation to make good on that pledge.

ANP lawmakers were not the only ethnic parliamentarians put off by the Lower House speaker's conduct this week.

"It is sad for her," said Lower House lawmaker Mai Win Htoo of the Ta'ang National Party, referring to ANP lawmaker Khin Saw Wai's failed proposal. "Of course, this issue should be discussed as soon as possible."

Mai Win Htoo represents Namhsan Township in northern Shan State, an area predominantly inhabited by the ethnic Palaung, or Ta'ang, that has also been wracked by conflict in recent years. He said his party was of the opinion that it was "not yet the right time" to bring up that conflict in Parliament, citing two fears: that any discussion in Naypyidaw might trigger renewed hostilities, and that a failure to achieve a parliamentary resolution of the conflict would discourage the party's lawmakers and their constituents.

"Our ethnic political parties have little power in Parliament, but we need to figure out how we could unify and have greater power," he said.

Sai Thiha Kyaw, Lower House parliamentarian for the SNLD, acknowledged that Win Myint was exercising the power vested in the speakership, but said this week's rejection of the ANP proposal might lead ethnic political parties to look beyond the walls of Parliament to address concerns facing their constituents.

"If ethnic issues cannot be discussed in Parliament, then there will be many questions to come over this, or we even have to think a lot about whether we are able to rely on Parliament to solve problems in our constituencies," he said.

Many ethnic minorities on Nov. 8 voted with the expectation that the NLD would be the best-positioned party to bring peace to war-torn frontier regions. After the events of this week in Parliament, they may well be rethinking that supposition.

Lawi Weng is The Irrawaddy's senior conflict reporter.

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South Asian Nations Unite Over Anti-Child Trafficking Drive

Posted: 12 May 2016 11:34 PM PDT

A 16-year-old girl sits inside a protection home on the outskirts of New Delhi on Nov. 9, 2012. (Photo: Reuters)

NEW DELHI — South Asian nations will set up a toll-free helpline and online platform to fight human trafficking, one of the region's biggest problems, and trace the thousands of children who go missing in the region annually, India's government said late on Wednesday.

Ministers from India, Pakistan, Afghanistan, Bangladesh, Bhutan, Sri Lanka, the Maldives and Nepal came to the agreement after a conference on child protection held under the auspices of the South Asian Association for Regional Cooperation (SAARC).

South Asia, with India at its center, is the fastest-growing and second-largest region for human trafficking in the world, after East Asia, according to the United Nations Office for Drugs and Crime.

India's women and child development ministry said delegates from the eight South Asian countries adopted a series of measures to boost cooperation to end child exploitation.

"[These include] regional cross sharing and programming on ICT initiatives to trace missing children, working towards establishing a uniform toll free helpline, developing a regional strategy and common standards for addressing all forms of sexual abuse, exploitation and trafficking," it said in a statement.

There are no accurate figures on the number of people being trafficked within South Asia, but activists say thousands of mostly women and children are trafficked within India and as well as from its poorer neighbors Nepal and Bangladesh.

Many are sold into forced marriage or bonded labor working in middle class homes as domestic servants, in small shops and hotels or confined to brothels where they are repeatedly raped.

Sex Tourism, Child Pornography

Indian Home Minister Rajnath Singh told delegates that curbing human trafficking was a major challenge for all nations, but that by sharing information and best practices, it was possible to develop regional solutions.

"With increasing access to information technology and changing nature of our globalized economy, new threats for children are emerging—sex tourism, child pornography, online threats to children among others," said Singh.

"To address these challenges comprehensively, within SAARC countries, we can all benefit from reinforcing regional cooperation and strengthening mechanisms for sharing of information, experience, expertise and good practices."

In India alone, government data shows 73,549 children went missing in 2014, of which 31,711 were not traced compared to 90,654 missing in 2011, of which 34,406 were not found.

India has over the years implemented a series of child protection measures, such as a national toll free helpline called Childline, which receives millions of calls every year.

It has also launched a Track Child web portal for authorities to share information on missing children, and a "Lost and Found" portal for the public, where parents can register details of missing children and citizens can report sightings.

The post South Asian Nations Unite Over Anti-Child Trafficking Drive appeared first on The Irrawaddy.

Cambodian Men Testify in Thai Fishing Boat Trafficking Case

Posted: 12 May 2016 11:29 PM PDT

Marine policemen inspect papers of migrant workers after a fishing boat arrives at a port in Mahachai, in Thailand's Samut Sakhon province, on Jan. 28, 2016. (Photo: Reuters)

BANGKOK — Labor brokers duped Cambodian men with promises of work in Thailand, trapping them on fishing boats and forcing them to work more than 20 hours a day, lawyers said as a court heard evidence against three defendants accused of human trafficking.

The case in Thailand's southern Ranong province against the owner of a fishing dock and two boat captains comes as the Southeast Asian country steps up efforts to crack down on slavery in its multibillion-dollar seafood industry.

A defense attorney representing the dock owner said allegations against his client were false.

The legal team representing the alleged victims said the men—5 in all—were hired at a recruitment agency in the Cambodian capital Phnom Penh to clean fish on shore in Thailand, but then found themselves stuck on a boat docked in Mahachai, a seafood-processing city southwest of Bangkok.

"The broker said, 'wait at this boat, don't go anywhere, more workers are coming. They waited on the boat for one month," said Papop Siamhan, a lawyer and project coordinator for the Human Rights and Development Foundation (HRDF) rights group.

Nine of the men eventually fled and turned themselves in to police so they could be deported home, only to be returned to the broker, Papop told the Thomson Reuters Foundation.

Their broker told them if they wanted to return home to pay 30,000 baht (US$850) in order to cover the costs of their documents and travel to Thailand, Papop said.

They stayed on the boat, and then were split up onto two boats which sailed for about a month away from Thailand, and then they began fishing, working seven days a week, some days from 11pm until 8pm the following day.

They were out at sea for more than a year, Papop said. Their plight was discovered in January when Thai authorities called ships to port, and among the boats that came in were the two on which the Cambodian men said they had been enslaved.

After they were released, they each received 25,000 baht ($700) from their employer, though they were each due about 150,000 baht ($4,250) in wages, Papop said.

Defense attorney Supachai Singkalawanich called the victims' tale "impossible."

"They've concocted this story. All 15 people say they are victims and were gone for 13 months, working every day, with no days off, working 22 hours a day, sleeping just two hours a day," Supachai said by telephone from Ranong on Wednesday.

"Working every day—22 hours a day without rest—this simply is not possible," he said after the second day of court.

The case was filed on Tuesday at the court, which accepted the case and immediately heard victim testimony, said Preeda Tongchumnum, another lawyer on the case, who also works with the Solidarity Center, a US-based worker rights organization.

Thailand has come under fire after a series of reports in recent years uncovered widespread human trafficking and slavery in its seafood industry.

The government has recently amended its laws in an effort to combat human trafficking and slavery, as well as illegal, unreported and unregulated fishing.

Last March, Thailand's parliament voted overwhelmingly to introduce harsher punishments for human traffickers, including life imprisonment and the death penalty in cases where their victims had died.

The post Cambodian Men Testify in Thai Fishing Boat Trafficking Case appeared first on The Irrawaddy.

Govt Proposes Keeping Some Junta Curbs on Protests

Posted: 12 May 2016 11:24 PM PDT

Aung San Suu Kyi, left, and Vice President Henry Van Thio, right, attend a handover of power ceremony along with members of the military at the Presidential Palace in Naypyidaw on March 30, 2016. (Photo: Nyein Chan Naing / Reuters)

RANGOON — Burma democracy champion Aung San Suu Kyi is facing criticism from rights groups and student activists who say her ruling party is planning to retain restrictions on free speech once wielded against it by the country's former junta.

Since taking power in April, former political prisoner Suu Kyi's National League for Democracy (NLD) has released scores of detainees and is making a big push to revise some of the most repressive measures from the long years of military rule.

But its new version of the law governing public demonstrations has prompted alarm since the proposals were submitted to Parliament last week.

The draft bill would punish protesters for spreading "wrong" information and make straying away from pre-registered chants an offense. It bars non-citizens—a category that includes the largely stateless Muslim Rohingya minority—from protesting and lists criminal penalties for "disturbing" or "annoying" people.

The NLD says the new bill would introduce substantial changes to the military era legislation and was aimed at protecting peaceful protesters rather than penalizing them.

But worries over the proposed Peaceful Assembly Law are compounded by concerns over the government's recent request to the US ambassador to refrain from using the term "Rohingya" and Suu Kyi's refusal to speak out in support of a community that faces continuing persecution in Burma.

The issue is being closely watched by Suu Kyi's supporters in the West. The NLD faces sky-high expectations at home and abroad, but the Nobel peace prize winner's autocratic decision-making style makes the government's intentions hard to read.

"We are concerned that the NLD is rushing this," said David Mathieson, a senior researcher at New York-based Human Rights Watch based in Rangoon.

"The bill should guarantee the right to protest, and there's no reason why it should include penalties against protesters," said Mathieson.

He said there were other laws, like the penal code, that regulated potential violations by the protesters and that in its current form the bill gave the authorities latitude to crack down on peaceful demonstrators.

These concerns emerge just as the United States prepares its annual decision on whether to extend its sanctions on Burma. The newly-appointed US ambassador to the country, Scot Marciel, said this week respect for human rights was an important factor.

The draft bill does remove or water down some restrictions from existing legislation, such as the article that meant activists could be hit with multiple counts of the same charge—increasing the length of the sentences that could be meted out.

It was used last year against students taking part in an unsanctioned march on Rangoon, some of whom faced more than 50 charges because offenses were counted in each township—Burma's smallest administrative unit—they passed through.

The draft also cuts the notice required for a demonstration to 48 hours and removes the need to get police consent.

Still, students say the changes don't go far enough.

"I think the laws which restrict people's right to demonstrate for what they want should not exist," said Zayar Lwin, a leader of one of Burma's largest students' unions.

He said that as long as there were restrictions in the laws "it would be difficult for us to accept that."

The NLD's Upper House Bill Committee member Aung Thein, formerly an activist lawyer, rejected that notion.

"In the past, they had to seek prior permission at least five days in advance. Now, they have to notify the authorities only two days ahead," said Aung Thein.

There was also a time limit on taking action against the protesters, he said. "Action must be taken within 15 days after the protest. No action can be taken against them after 15 days."

But Laura Haigh, of Amnesty International, warned that, if enacted in its current form, the bill could create more prisoners of conscience.

"Swift amendment should not come at the price of ensuring full respect and protection of peaceful assembly," said Haigh.

The bill has been tabled in the Upper House and lawmakers have until May 16 to submit questions. After the debate in the Upper House, the bill will be passed to the Lower House. The NLD has a majority in both chambers.

The NLD has put some 142 existing laws—more than a quarter of the total—under the microscope, said the chairman of the Lower House Bill Committee, Tun Tun Hein.

This revision includes the most draconian laws of the junta era, such as the Law Protecting the State from the Dangers of Subversive Elements and the Emergency Provisions Act.

The two laws were the main legal instruments to crack down on dissent and put pro-democracy activists behind bars.

"I'm sure they will be revoked completely after discussion in the Parliament," said the NLD's Tun Tun Hein.

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