The Irrawaddy Magazine |
- US Ambassador Follows Up on State Counselor’s White House Visit
- The Myanmar National Human Rights Commission Has Failed as a Victims’ Advocate
- Thai Court Sentences UK Activist for Defamation
- Burma Conglomerates Ranked for Transparency
- Foreign Visitors to Burma Near 750,000 in First Seven Months of 2016
- Ten Things to Do in Rangoon This Week
- Lower House Abolishes Overnight Guest Registration
- Ethnic Activists Criticize Suu Kyi’s Humanitarian Award
- Military to Military Relations: An Option but Not the Solution
US Ambassador Follows Up on State Counselor’s White House Visit Posted: 20 Sep 2016 09:02 AM PDT RANGOON — At a press conference on Tuesday, US Ambassador Scot Marciel said 104 individuals and companies would be eliminated from a US treasury blacklist—a list that includes ex-military generals and associates of the former ruling junta. The ambassador returned to Burma on Monday, following Daw Aung San Suu Kyi's visit to the United States last week, where she met with US President Obama for the first time as the de facto leader of the country's new democratically-elected civilian government. Marciel added that of the 104 names to be removed from the sanction list, some might remain on other blacklists in regards to drug trafficking or conducting business with North Korea. JADE Act restrictions still remain, which focus on stopping anti-democratic activities and preventing former military personnel from profiting in the gems trade. The ambassador said that maintaining sanctions was "too costly" for the US government and that dropping sanctions was an effort to encourage investment and loosen trade with Burma's growing economy. "By removing sanctions and offering GSP [Generalized System of Preferences], we hope to make Myanmar a more attractive place for international investors. We want to encourage American companies to look at opportunities here." He recalled the discussion between President Obama and State Counselor Daw Aung San Suu Kyi at the White House and noted that the State Counselor was focused on Burma becoming an economic pillar, by creating jobs and increasing nationwide prosperity in support of the country's democratic transition. The two leaders discussed the peace process, human rights development, rule of law, the relationship between civilian authority and the military, constitutional reform, the situation in Arakan State, and other challenges still facing Burma during its transition. The ambassador said that the United States and Burma could partake in many exchange programs—in education, health care and economic development, for example. The US has already signed an agreement offering a US$10 million credit guarantee program in Burma, intended to promote about 5,000 local businesses in the agriculture, livestock, manufacturing, farming, trade and service industries. The post US Ambassador Follows Up on State Counselor's White House Visit appeared first on The Irrawaddy. |
The Myanmar National Human Rights Commission Has Failed as a Victims’ Advocate Posted: 20 Sep 2016 08:55 AM PDT This week, the brutality that a Rangoon family inflicted on two teenagers unfolded in the media: aged 16 and 17, the girls, visibly scarred by long-term abuse, were forced to work in domestic servitude with little or no pay for five years. The crimes against Ma San Kay Khaing and Ma Tha Zin occurred in the heart of downtown Rangoon, the country's commercial capital, and were perpetrated by a prominent family of tailors. But perhaps more shocking was the pressure that the Myanmar National Human Rights Commission (MNHRC) reportedly placed on the families of the victims to negotiate a financial settlement rather than push for legal action. The abusers paid a total compensation of 5 million kyats to the girls: 4 million to one, 1 million to another. They were required to offer no statement of remorse, simply saying that the children had shown them "disrespect" during their time as domestic workers. The perpetrators were then released by the police with no legal recourse or scheduled follow-up; essentially, for US$4,000, they bought two girls' childhoods. Given the severity of the case, and the evidence presented, lawyers said the perpetrators could have faced charges stipulating lengthy prison sentences. The MNHRC failed to do its basic job, which is to protect and fight for the fundamental rights of Burma's citizens. Instead of providing the support to the victims and their families that would have led to the abusers' punishment under the law, the MNHRC adopted the role of "negotiators" in the case. The girls who survived were in need of an advocate, not a broker. By not recommending that police take action in line with the law—regarding physical abuse, forced labor, child exploitation, or confining the girls within the household—the MNHRC sends a message to both victims and perpetrators that these crimes will continue to be met with impunity. This is particularly significant in Burma, where, according to data collected in 2015 by the International Labor Organization (ILO), out of an estimated 12 million children in the country, over 1.1 million are engaged in child labor. The ILO defines this as "hazardous" work that "deprives children of their childhood," not unlike what was experienced by these two girls in Rangoon. If the MNHRC is to be a force for change, it must stand firmly on the victims' side and demand justice through appropriate legal mechanisms. An intervention leading to a small, informal cash settlement is proof of further degradation to Burma's already weak rule of law. It is hoped that the Office of the President, the State Counselor's Office, or the parliamentary committee for rights for women and children will use their influence and respond with considerable pressure to review this case further. Restoring the rule of law has been one of Daw Aung San Suu Kyi's mantras throughout her electoral campaign. Let this case be processed in a way that not only strives to return dignity to children who endured years of abuse, but unnerves the many more violators present throughout Burma who, we hope, will one day be brought to justice. The post The Myanmar National Human Rights Commission Has Failed as a Victims' Advocate appeared first on The Irrawaddy. |
Thai Court Sentences UK Activist for Defamation Posted: 20 Sep 2016 07:13 AM PDT CHIANG MAI, Thailand — Migrant rights defender Andy Hall, who was accused of defamation and violating the Computer Crimes Act for contributing to a human rights report, was given a three-year suspended sentence and fined 150,000 baht (US$4,300) in Thailand on Tuesday. Finnwatch, the Finnish watchdog group, published the report "Cheap Has a High Price" in 2013 which alleged serious human rights violations at Natural Fruit's pineapple processing plant in Thailand's Prachuap Khiri Khan province. Andy Hall, a British national, co-authored the report, which revealed Burmese migrant workers in the Thai pineapple industry suffering in conditions described as modern slavery. Soon after the report was released, the Natural Fruit Company brought defamation charges against Hall and later added three other charges in different courts. After the Bangkok South Criminal Court's ruling on Tuesday—in which the court found Hall guilty on all charges—he was detained shortly but released after paying his fine. Hall told The Irrawaddy that he did not receive the maximum sentence—of up to seven years—because "the court considered my work as a human rights activist beneficial to Thai society." If he does not commit any additional crimes during the first two years of his sentence, he will not serve any time in prison, he added. Hall said will be appealing the ruling immediately but that the process will be lengthy. He has plans to go to Europe on Wednesday and said there is no restriction on his travel. His passport was seized in 2014 when charges were initially brought against him. Sonja Vartiala, executive director of Finnwatch, told The Irrawaddy, "We are shocked by the ruling and will continue supporting Andy Hall and his fight for justice. We believe he has done nothing wrong. We believe the world needs more brave people like Andy, who are standing up against human rights violations." There are an estimated 3 million Burmese migrant workers in neighboring Thailand and labor rights abuse cases are frequently reported. Numerous local community-based groups work to aid the migrant workers. Andy Hall, who is also the international adviser for the Mahachai-based Burmese Migrant Workers Rights Network (MWRN), told The Irrawaddy that "It is a very disappointing decision, for migrant workers and for justice in Thailand. This will have a very negative impact on people who fight for migrant workers." Concerning freedom of expression in Thailand, Ms. Vartiala also said in a statement on Tuesday, "We fear that many other human rights defenders and victims of company abuse will be scared to silence by this ruling." "Thailand's laws that allow for criminal punishment and even imprisonment for defamation are in clear breach of Thailand’s international human rights obligations,"she said. "Instead of allowing companies to take human rights defenders to criminal courts for alleged defamation, Thailand needs to thoroughly follow through on allegations of violations of migrant workers' rights." In October 2014, Prakanong Court in Bangkok dismissed another criminal defamation case brought by Natural Fruit against Andy Hall on the grounds of a flawed prosecution that was in breach of Thailand's Criminal Procedure Law. Appeals in this case, submitted by both Natural Fruit and Thailand’s attorney-general, are currently being considered by Thailand’s Supreme Court after the appeals court threw out an initial appeal in September 2015. In addition to the two criminal cases, Natural Fruit has also filed two civil claims for damages against Andy Hall totaling 400 million baht ($11.5 million). These cases have been put on hold until the corresponding criminal cases are concluded. The post Thai Court Sentences UK Activist for Defamation appeared first on The Irrawaddy. |
Burma Conglomerates Ranked for Transparency Posted: 20 Sep 2016 06:56 AM PDT RANGOON – First Myanmar Investment (FMI), Serge Pun & Associates, and Max Myanmar ranked as Burma's most transparent firms, according to the Myanmar Center for Responsible Business (MCRB)'s third survey of 100 companies. Generating scores based on companies' published information, the survey involved 35 standardized questions meant to measure organizational transparency and respect for human rights, health, safety and the environment over the last six months. The MCRB report stated that 30 percent of those firms surveyed had no websites; among these companies, 45 percent publish little to no data relating to corporate governance. MCRB Director Vickey Bowman told The Irrawaddy by email on Monday that it is "smart business" for conglomerates to promote themselves through disclosure. Not all major Burmese businesses surveyed performed well, she pointed out, citing companies owned by U Chit Khine, U Htay Myint, and U Khin Shwe, respectively. "The fact that Eden, Yuzana, and Zaykabar don't seem to 'get' the importance of transparency and stakeholder engagement is a strategic business failing in the modern world and democratic Burma," Bowman said. Yuzana was ranked second-to-last in the survey, and the Eden Group was listed as 11th from the bottom. Zaykabar was among the companies surveyed which did not have a website. The timing between the publication of the MCRB report and the Obama administration's announcement on September 14 to lift economic restrictions on Burma was coincidental, said Vickey Bowman. She explained that the date for the release of the report was determined by the six-month timetable allocated for the research. "But there is a close link of substance," she added. "Now that the sanctions are going to be lifted on companies, the key thing that will differentiate them from one another is good corporate governance and transparency." U Htay Myint and U Khin Shwe are considered Specially Designated Nationals (SDN) on the US sanctions list—and U Chit Khine was, at one time, recommended for the classification. U Zaw Zaw, who heads Max Myanmar, is on the SDN list; Serge Pun, chief executive of both FMI and Serge Pun & Associates, is not. In a statement released on Monday, Serge Pun celebrated his companies' high rankings in the MCRB report, describing it as an honor "to be recognized this year as Myanmar's most transparent company." The Max Myanmar Group of Companies claimed their own favorable ranking was due to anti-corruption initiatives, moves toward improved occupational health and safety, and the release of confiscated lands, in a statement published on Sunday. Yet Max Myanmar has been implicated in multiple controversies surrounding land grabs in the past. Most recently, in May, The Irrawaddy reported that the company had been accused of unfairly compensating farmers for land in Mon State used to develop a rubber plantation. MCRB cited these claims in their report. The post Burma Conglomerates Ranked for Transparency appeared first on The Irrawaddy. |
Foreign Visitors to Burma Near 750,000 in First Seven Months of 2016 Posted: 20 Sep 2016 04:58 AM PDT RANGOON — Nearly 750,000 foreign nationals arrived in Burma through air and sea ports during the first seven months of 2016, according to the Ministry of Hotels and Tourism. Among those on a tourist visa, more than 200,000 arrived through Rangoon's airport, more than 20,000 through Mandalay's airport, more than 2,000 through Naypyidaw's airport, and 8,347 by sea, state-run newspaper Global New Light of Myanmar reported Monday. Airport arrivals accounted for 446,415 foreign travelers who came on business and other visas, with 389,306 through the Rangoon airport, 49,252 through the Mandalay airport, and 7,857 through the Naypyidaw airport. Business and other visas arrivals by seaport were 5,301, it said. Dr. Aung Myat Kyaw, advisor to the Myanmar Tourism Marketing Committee, predicted a surge before the end of the year. "It's still rainy season in August and September but October to December is peak tourist season," he said. "We can expect arrivals by air and sea ports to reach more than 500,000 in those three months." The released figures do not include foreign visitors arriving by land, which Aung Myat Kyaw estimates are three times the figures for air and sea ports. The Ministry of Hotels and Tourism said that of 4.68 million arrivals in Burma in 2015, more than 3.7 million came across land borders from China and Thailand. It predicts 5.5 million foreign visitors in 2016 across air, land and sea ports. Data from border arrivals includes day-crossings and those making multiple trips for cross-border trade so are often discounted from foreign visitor figures. Since Sept. 1 Burma has accepted electronic visa applications at three border crossings with Thailand, likely to encourage more visitors to enter the country over land. The post Foreign Visitors to Burma Near 750,000 in First Seven Months of 2016 appeared first on The Irrawaddy. |
Ten Things to Do in Rangoon This Week Posted: 20 Sep 2016 03:17 AM PDT The Irrawaddy picks 10 interesting events happening in Rangoon this week. A Night of Pop Where: Myanmar Convention Center (MCC), Min Dhamma Road, Mayangone Tsp. When: Friday, September 23, 7 pm The Noise Where: No. 20, Pale Road, Bahan Tsp. When: Saturday, September 24, 6 pm Monsoon III Where: No. 330, Ahlone Road, Dagon Tsp. When: Saturday, September 24, 9 pm to 3am Art & Ideology Where: Lokanat Galleries, 62 Pansodan St, First Floor, Kyauktada Tsp. Tel. 095-1382-269 When: Tuesday, September 20 to Saturday, September 24 Page 11 Where: Ayerwon Art Gallery, No. 903 – 904, U Ba Kyi Street, 58 Ward, Dagon Seikkan Tsp. Tel: 09-45005 7167 When: Saturday, September 24 to Thursday, October 6 Maung Maung Thaik's Commemoration Where: A-1 Studio Compound, 8.5 mile, Mayangone Tsp. When: Sunday, September 25 Reflection Where: Gallery 65, No. 65, Yaw Min Gyi Road, Dagon Tsp. When: Sunday, September 25 to Tuesday, September 27 Spontaneous Where: Lokanat Galleries, 62 Pansodan St, First Floor, Kyauktada Tsp. Tel. 095-1382-269 When: Monday, September 26 to Thursday, September 29 Housing & Building 2016 Where: Tatmadaw Hall, U Wisara Road When: Friday, September 23 to Sunday, September 25 Education Fair Where: Melia Hotel, near Myanmar Plaza, Kabar Aye Pagoda Road When: Saturday, September 24 The post Ten Things to Do in Rangoon This Week appeared first on The Irrawaddy. |
Lower House Abolishes Overnight Guest Registration Posted: 20 Sep 2016 01:58 AM PDT RANGOON — Burma's Lower House of Parliament on Monday passed a bill abolishing provisions of the country's Ward or Village Tract Administration Law which required citizens to report overnight guests to authorities. In a heated day-long parliamentary session on Monday, National League for Democracy (NLD) lawmaker U Myint Tun from Sagaing Division's Taze Township said that such undemocratic legislation should be abolished and questioned its use. "I don't believe that overnight guest registration serves the safety or security of the public," he said. "Such a requirement is a burden on the people, while criminals would simply not report overnight guests," he continued. Lower House Speaker U Win Myint oversaw a secret ballot in which 235 voted for the repeal of overnight guest registration and 155 voted for provisions to remain. The law requires citizens to inform local government officials of guests who spend the night in their homes, regardless of how long the stay is. Originating in 1907 under British colonial rule, the law was modified by the military-controlled Ministry of Home Affairs in 2012 and recently updated in January 2016. The deputy minister for Home Affairs Maj-Gen Aung Soe defended the provisions regarding the guest registration requirement, saying it provides fundamental data about the population's location. "The weak points in this law were not the fault of the law itself, but of the administrators acting on it," he said. The bill was passed in the Upper House in early June, abolishing the provisions of guest registration requirement. It was submitted to the lower chamber in late July but has faced hurdles to come to agreement with decisions made by the upper chamber. The Lower House Bill Committee recommended in a report to the legislature in July that all provisions regarding overnight guest registration from the original colonial-era law be reinserted. Lower House military representative Col Tun Myat Shwe said during the debate that the upper chamber repealed the provisions of the law with a majority of the votes in NLD-dominated legislature. He said the move neglected security concerns of the country. International human rights watchdogs have criticized the law saying that it grants authorities the right to carry out warrantless household inspections and breaches privacy. It was used to hunt down political activists under the military regime and the quasi-civilian government, they say. Lawmaker U Myint Tun proposed a provision that requires guests who stay in a ward or village for more than one month to inform the relevant administration office. He said that without such registration, preparing voter lists and providing humanitarian assistance to disaster victims will be difficult. He used cities like Mogok, where there is a large population of migrant workers whose household registration is elsewhere. He proposed that no action be taken against those who fail to follow the requirements. "It's just to inform, not to report," U Myint Tun said. In the same session, The Lower House passed a provision on the qualifications for ward and village administrators as passed by the Upper House. The provision states candidates must have resided in the ward or village where they will run for election for at least five years, revising the original law's 10-year minimum. The legislature also decided that candidates for the position of administrator should have "appropriate education," as required under the original provision, altering the decision of the Upper House, which required candidates to have graduated from middle school. The bill will be resubmitted to the Upper House to decide on this provision. The post Lower House Abolishes Overnight Guest Registration appeared first on The Irrawaddy. |
Ethnic Activists Criticize Suu Kyi’s Humanitarian Award Posted: 19 Sep 2016 06:53 PM PDT Ethnic activists have criticized Harvard University's Harvard Foundation for giving its Humanitarian of the Year Award to State Counselor Daw Aung San Suu Kyi, saying that the Nobel laureate has been silent about the country's ethnic groups that are victims in an ongoing war. Activists said that Daw Aung San Suu Kyi has been silent about the Burma Army's disruption of humanitarian aid provided by the international community to internally displaced persons (IDP) camps, while she has barely engaged in social welfare works in the country. Mary Tawn, an activist aiding Kacin IDPs said, "[Aung San Suu Kyi] has said basically nothing about the Kachin IDPs since the clashes broke out in Kachin State in 2011, while the military disrupts the supply of humanitarian aid. As a person who is helping IDPs, I can't believe that she was given this prize under these circumstances." The number of IDPs at various camps in Kachin State increased last year but international aid supplies have declined and camps are short of food, she said. Daw Aung San Suu Kyi has not even verbally comforted the IDPs in Kachin and Shan states, said Ko Sai Aung Myint Oo, chairman of the Shan Youth Organization based in Rangoon. "There are about 150,000 IDPs in Shan and Kachin states. They desperately want to hear from Daw Aung San Suu Kyi. But she has said nothing about them yet. I don't know what yardstick they used for the prize, but it should not have been awarded to her yet," Sai Aung Myint Oo told The Irrawaddy. Saw Alex of the Karen Environmental and Social Action Network (KESAN) said that perhaps the award would push her to exert greater effort in championing humanitarian needs in the country. "Daw Aung San Suu Kyi is weak in regard to humanitarian causes but this does not mean she does not want to improve. She has been busy engaging many issues. We should view the prize constructively as an impetus for her and the new government to put greater effort into humanitarian works," he told The Irrawaddy. Daw Aung San Suu Kyi received the 2016 Harvard Humanitarian of the Year award on September 17 in the United States as she was on an official visit to the White House. The post Ethnic Activists Criticize Suu Kyi's Humanitarian Award appeared first on The Irrawaddy. |
Military to Military Relations: An Option but Not the Solution Posted: 19 Sep 2016 06:45 PM PDT RANGOON — During State Counselor Aung San Suu Kyi's first visit to the United States after the National League of Democracy won a historic victory in the 2015 elections, international experts and scholars called on US policymakers to reestablish cooperation between the US military and the Burma Army. They based their recommendation for military to military ties on two reasons: Firstly, guidance from the US military could professionalize the Burma Army and lead it to withdraw from politics. Secondly, engagement with the US and other democratic allies could weaken China's influence on the military. Reform is still under way in Burma. Although the civilian government may now be in charge, the military retains significant power. The civilian government cannot change the inherently undemocratic 2008 constitution without the military's consent. At both Union and regional levels, at least 25 percent of the seats in Parliament are reserved for Burma Army representatives. The military still controls three ministries: defense, home affairs and border affairs. The General Administration Department, which replaced Burma's civil service during military rule, is still under the authority of the military and controls decision-making down to the smallest administrative unit in all corners of the country. Violent clashes between military and ethnic armed groups continue in periphery areas of Burma and uncertainty looms large over Burma's peace process, including Daw Aung San Suu Kyi's 21st Century Panglong Peace Conference, which took place at the end of last month. Civil-military relations and ethnic-military relations are key issues in Burma's transitional politics. For Burma to achieve full democracy, military relations will need to be restructured and reformed according to democratic principles. There are three interrelated factors standing in the way of military reform: indoctrination, institutional challenges and political challenges. Indoctrination An authoritarian military regime as the guardians of the Burmese people has been indoctrinated through internal threats from ethnic armed groups and historic external aggression, for example from the Kuomintang. The military became politicized during the creation of the Burma Socialist Programme Party in the socialist era and later with the State Law and Order Restoration Council and State Peace and Development Council. Military institutions and academies are key tools of indoctrination. Institutional Challenges Despite some apparent internal reform guided by commander-in-chief Snr-Gen Min Aung Hlaing's 'standard army' concept, the military is widely regarded as unprofessional and has been criticized for disrespecting civilian control, loose codes of conduct, and human rights abuses. Arbitrary arrests and human rights abuses in ethnic areas in particular are a major concern. The recently publicized sentencing of seven Burma Army soldiers found guilty of murdering civilians was a hugely positive, but highly unusual, move. Political Problems Snr-Gen Min Aung Hlaing has reiterated in his speeches that the Burma Army should retain its role in politics. The 2008 constitution guarantees the military's powerful role in government. The military remains politically active through the Union Solidarity and Development Party (USDP), formed by the previous military junta. In the run-up to the 2015 election, senior military officers retired from active service to join the party. It was recently reported that the USDP reserves spaces for retired military officers. To resolve these problems and reform the military there needs to be a comprehensive strategy and cooperation from political society, civil society and the international community. The international community—particularly democratic countries—is crucial to professionalizing a military much burdened by the legacy of dictatorship. Military to military engagement is one of the tools available to make the once-isolated Burma Army understand the role, rights and responsibilities of the military in a democratic society. It should be borne in mind, however, that this tool is just an option, not the solution, as real change requires a comprehensive strategy as mentioned above. In the past, the military had good relations with its US counterpart and received a good deal of assistance under General Ne Win's rule. That regime ended in a brutal crackdown on innocent people in the 1988 uprising, leading to a cruel military regime. The coups and coup attempts in Thailand, Egypt and Turkey have also highlighted repeated failures of the United States' military to military engagement. The recurring theme here is a lack of robust civilian oversight. The main objective for restructuring the civil-military relations in transitional politics is to set up civilian oversight of the military. Thus, whenever experts promote the idea of reestablishment of military to military relations, they need to take account of not only the military dimension but also the civilian one. This means supporting civilian supremacy and strengthening the capacity of political and civil society. This is indispensable, especially in transitional countries like Burma where the newly emerging political society and long-time suppressed civil society lack the capacity to balance the strong institution of the military, let alone set up an oversight mechanism. Therefore, proposals to renew military to military relations between the US and Burma's military must go through the elected civilian government. Deliberative consultation with the government, civilian politicians, ethnic communities, and civil society on the best way to resume relations is needed. The first phase of cooperation should focus on programs that promote democracy, respect for human rights, military justice administration, civilian control over the military, and training for humanitarian assistance and peacekeeping missions. This training should not be intended only for the military. It is necessary to put members of political and civil society together with military personnel in these programs in order to develop the civilian capacity on a par with the military, and strengthen civilian expertise in defense affairs and security matters. There is definitely a long to-do list when you consider military to military reengagement between the US and Burma. Yet the priority has to be civilian supremacy, civilian oversight, and civilian control over the military in whatever way the program is designed. Ko Ye is an executive director of Rangoon-based Tagaung Institute of Political Studies, which is monitoring the civil-military relationship in Burma. The post Military to Military Relations: An Option but Not the Solution appeared first on The Irrawaddy. |
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