The Irrawaddy Magazine |
- Clamped and Towed Vehicles Damaged by Rangoon Authorities
- Burma Army Blocks Food Supplies to Kachin IDPs
- Dalai Lama Calls for Narrowing the Gap Between Buddhists and Muslims in Burma
- New Investment Law Enacted
- All Unquiet on the Western Front
- DKBA Splinter Group Clashes with Burma Army, Casualties Reported
- The Dilemma of Ceasefires Without Peace
- Termination of Myitsone Dam the Only Option, Say Local Kachin
- Sagaing Chief Minister Pledges to Enforce Ferry Safety Laws
- Chinese Nationals Arrested in Northern Shan State for Illegal Mining
- Election Tribunal Dismisses Ex-Minister’s Fraud Allegations
- Rangoon MP Raises Questions About Previous Govt’s Land Leases
- Senior Party Figure U Win Htein to Appear Before NLD Tribunal
- Burma’s Disappointing New Investment Law
- Board of Trustees Formed to Spearhead Secretariat Renovations
| Clamped and Towed Vehicles Damaged by Rangoon Authorities Posted: 20 Oct 2016 07:26 AM PDT RANGOON — Rangoon Car owners who commit traffic violations are being left to foot the bill for damages incurred to their vehicles when impounded by city authorities. There are 144 streets in Rangoon in which car parking is prohibited and rules apply on many of the city's roads, including no double parking on Anawrahta Street, Maha Bandula Road and Bogyoke Aung San Road, according to traffic police officer Lt-Col Aung Ko Oo. Vehicles found in violation of these rules are instantly clamped then towed to a government parking lot on Shin Saw Pu Street in Myaynigone Township. Owners are fined 25,000 kyats for the violation and charged another 50,000 kyats for the towing service. City car owners told The Irrawaddy about bad experiences they have had with the traffic authorities. Filmmaker U Thet Oo Maung said that his car was seized by authorities in Yankin Township and he was fined 75,000 kyats including the fee for the tow truck. Later he heard a cracking sound from his wheels and sent his car to be serviced where he discovered that the ball bearings were damaged. "The size of the truck is too small, it should be big enough to carry the car without causing any damage," he said. He asserted that 50,000 kyats for a towing service is very expensive, especially compared to the size of the fine. He also noted that storing all vehicles in Myaynigone Township is a big inconvenience to car owners and that authorities should consider opening facilities in different townships. Rangoon's traffic authority has hired a towing service company and formed a team with traffic police, Yangon City Development Committee's staffers and the towing operators that patrol downtown areas to catch drivers violating traffic rules. The aim is to alleviate the city's traffic congestion. Road users agree that people should be punished for violations, but that cars should be impounded by city authorities without incurring damage. During Rangoon parliament's Wednesday session, National League for Democracy (NLD) lawmaker, U Nay Phone Latt—also known as Nay Myo Kyaw—asked the mayor whether the regional government will adopt a new system of simply clamping the cars rather than towing them long distances. U Nay Phone Latt was told by several car owners about their losses. He explained that the towing service company clamps the front wheel and loads half of the car on to the back of the truck. The back wheels of some cars automatically lock when the engine is switched off. However, the authority towed the cars regardless, resulting in ball bearings being damaged and even breaking the car's camshaft. "Towing a car that is violating traffic rules is correct but [the city authority] has no right to destroy cars," said U Nay Phone Latt. "And how will they take responsibility if the car was damaged?" City mayor and Yangon City Development Committee (YCDC) chairman Maung Maung Soe replied, "my car was also towed that way so I empathize with them." At the moment, however, some say that towing cars to the designated parking lot remains the most practical approach for Rangoon. U Nay Phone Latt's suggestion of simply clamping vehicles and leaving them on the road would create worsening traffic conditions as owners do not always pay fines promptly, said the city's mayor. He also thanked U Nay Phone Latt for bringing the issue to attention and said he would discuss it in YCDC workshops. MP Nay Phone Latt pointed out that if a new approach is not possible, at least the YCDC and towing service company should compensate the owner for car damages or the authorities should strictly supervise the towing process to ensure no damage is done.
The post Clamped and Towed Vehicles Damaged by Rangoon Authorities appeared first on The Irrawaddy. |
| Burma Army Blocks Food Supplies to Kachin IDPs Posted: 20 Oct 2016 07:19 AM PDT The Burma Army has stopped a local environmentalist group from sending food relief to internally displaced persons (IDPs) in Kachin State's Hpakant Township on suspicion that the supplies were intended for the Kachin Independence Army (KIA). Fifteen members of Green Land, an environmentalist civil society group based in jade-rich Hpakant, were in the process of transporting 130 bags of rice, 40 jerry cans of oil and six bags of salt to IDPs in Jahtu Zup village on Tuesday afternoon, when they were stopped outside of Hpakant town by soldiers at the Lawa security gate in the area of Kar Mai, Green Land director U Naung Latt told The Irrawaddy. "A captain called Aung Thu Hein stopped us and said we had to seek approval from higher authorities. So, we phoned the brigade commander, and he said we would have to ask for permission from Northern Command [based in the state capital Myitkyina]. Next, we called the Kachin State chief minister and he told us to ask permission from the security and border affairs minister [for Kachin State]," said U Naung Latt. Army officers justified the blocking of the food relief by stating that some organizations have been sending food supplies to the KIA, according to U Naung Latt. Since mid September, the Burma Army has stepped up offensives against the KIA, using air strikes and artillery bombardment. Soldiers at the Lawa security gate have since taken charge of the food supplies. Four senior members of Green Land, leaving behind 11 members to remain near the supplies, traveled to Myitkyina to meet with the Kachin State security and border affairs minister—a serving military officer—but failed to obtain permission. "He said he would report [the matter] to Northern Command and asked us to continue waiting. What else can we do?" said U Naung Latt. The food relief was intended for more than 200 IDPs taking shelter at a monastery, two churches and a primary school, said U Naung Latt, and permission had successfully being sought from the Hpakant Township administrator, in line with apparent procedure. "[The soldiers] implicitly accused us of sending food supplies to the KIA, and so did the security and border affairs minister. If so, then is the World Food Programme, which is helping war victims, violating Article 17(1) [of the Unlawful Associations Act]?" he said, referring to a colonial-era law used to criminalize contact with Burma's ethnic armed groups. "We are providing food supplies on humanitarian grounds. This is no political trick. It is just because they [IDPs] are extremely short on food," he added. U Naung Latt said he would wait at the Lawa security gate until permission is obtained. The Irrawaddy contacted an officer at the police station in Kar Mai, where the security gate is located, but he said he was not authorized to comment on matters related to the military. However, he said that the Burma Army had tightened security on roads since clashes in August, when their soldiers fell prey to KIA landmines. The Irrawaddy also phoned the Kachin State chief minister and the security and border affairs minister but was unable to obtain comment. Htwel Awng, a pastor with the Kachin Baptist Convention in Jahtu Zup village, where the IDPs are sheltering, told The Irrawaddy, "Yes, it is true that those food supplies are for us. And we heard that the military has taken hold of them. But, we don't know the latest developments." In Jahtu Zup village, the World Food Programme provides 14,000 kyats (US$10.85) per month for each IDP, which is simply not enough, he said. Some 214 IDPs have been sheltering at four locations in the area since July 31, after fleeing clashes between the KIA and the Burma Army, prompted by alleged Burma Army encroachment on KIA outposts while attempting to seize control of illegal gold mines in Tanai Township, north of Hpakant. Since the breakdown of a 17-year ceasefire between the Burma Army and the KIA in 2011, more than 100,000 civilians have been displaced. Most still remain in camps or temporary shelters, in both government and KIA-controlled areas. The World Food Programme, in cooperation with local civil society organizations, has been providing food to IDPs since 2011, but rations were cut by more than 50 percent at the end of 2015. IDPs have since faced shortages. The Kachin State government issued a notice in September, requiring groups to seek its permission before supplying food to IDPs. Translated from Burmese by Thet Ko Ko The post Burma Army Blocks Food Supplies to Kachin IDPs appeared first on The Irrawaddy. |
| Dalai Lama Calls for Narrowing the Gap Between Buddhists and Muslims in Burma Posted: 20 Oct 2016 05:32 AM PDT PRAGUE, Czech Republic — Tibetan spiritual leader and Nobel peace laureate the Dalai Lama has urged Burma's State Counselor Daw Aung San Suu Kyi to bridge the gap between Buddhist and Muslim communities in the country. The Dalai Lama conveyed the message while being interviewed by The Irrawaddy on the sidelines of a panel discussion entitled "The World and Its Current Challenges" at the 20th Forum 2000 Conference in the Czech capital of Prague on Tuesday. "Now, she's got the opportunity to work. And I think she should pay some attention to reduc[ing] some gaps [between] the Buddhist community and the Muslim community," the Dalai Lama told The Irrawaddy, in reference to Daw Aung San Suu Kyi. The Buddhist monk highlighted the importance of inner peace as a means to end conflicts between different communities. "If we can develop inner peace, we can build on it to create world peace. What we require is a more universal approach to human values that can appeal to everyone. There are grounds for optimism," said the 81-year-old. Buddhist and Muslim communities in Arakan State remain largely segregated since anti-Muslim violence swept the region in 2012 and 2013, which killed scores and displaced around 140,000 people, the majority of them self-identifying Muslim Rohingya—a group that the government labels as "Bengali." Most recently, fatal attacks against police border outposts allegedly committed by Muslim militants have led to a joint police and Burma Army manhunt in the area, displacing many. When questioned on the topic of terrorism, the Dalai Lama warned against associating such acts with any religion. "Extremists have no religion," he said. While on an official visit to India, Daw Aung San Suu Kyi was quoted in the Hindustan Times discussing a similar issue. "Terrorism is rife all over the world, so I think it is terrorism we need to isolate and to eliminate. I do not like to think in terms of individuals or organizations or countries, although these come into the equation as well," said the state counselor. The post Dalai Lama Calls for Narrowing the Gap Between Buddhists and Muslims in Burma appeared first on The Irrawaddy. |
| Posted: 20 Oct 2016 05:23 AM PDT RANGOON — The long-awaited Myanmar Investment Law was signed into being by President U Htin Kyaw on Tuesday after both houses approved the bill earlier this month The local business community is now waiting for State Counselor Daw Aung San Suu Kyi to reveal the government's more detailed investment policies this coming Saturday. The release of vague policy outlines in late July had failed to satisfy investors and businessmen craving detail and substance. The new law combines the Myanmar Citizens Investment Law and the Foreign Investment Law, and was made public on Wednesday. However, some rules and regulations still await approval, observers have said. Rules and regulations including clear "dos and don'ts" for the business community are expected to be announced within a month of the new law, Dr Maung Maung Lay, vice chairman of the Union of Myanmar Chamber of Commerce and Industry (UMCCI), told the Irrawaddy. "Before the rules and regulations are revealed, Daw Aung San Suu Kyi and the Ministry of National Planning and Finance will make government policy clear," he said. Daw Aung San Suu Kyi will deliver a speech on government investment policies and meet with local businessmen, ambassadors, government and private bankers, government officials and international and local non-governmental organizations on Saturday in Naypyidaw. The newly enacted Myanmar Investment Law was tentatively welcomed by Dr Soe Tun, vice chairman of the Myanmar Rice Federation. He claimed that the law gives equal rights for local and foreign investors and that he is waiting to see how the government manages foreign investment. "If government policy places both foreign and local investors on an equal footing, it means local investors could struggle," he said. According to the agenda for Saturday's meeting the National Planning and Finance Minister U Kyaw Win will deliver the government's future plans for releasing economic policies as well as detailed investment policies and processes. The meeting will be attended by the governor of Burma's Central Bank U Kyaw Kyaw Maung, Singapore's ambassador to Burma Robert Chu, president of the UMCCI U Win Aung, chairman of CB Bank U Khin Maung Aye, Ma Nang Lai Kham of the KBZ group of companies, Nick Cumpston of the Australian Embassy, and Nobuyasu Akagi of Sumitomo Mitsui Banking Corporation. The post New Investment Law Enacted appeared first on The Irrawaddy. |
| All Unquiet on the Western Front Posted: 20 Oct 2016 02:52 AM PDT RANGOON — The border attacks in northern Arakan State were troubling. And there is no doubt that the attacks will only generate more fear, insecurity, and suspicion among Burma's general population. Also certain is that, if the attacks continue, the Muslim population in the state will face a government crackdown and, in turn, a murky future. We can only hope that these well-coordinated, ostensibly "terrorist" attacks won't fuel more violence and a repeat of communal violence that, in the past, has spread to other parts of Burma. Indeed, the authorities must restore calm—and must themselves keep a cool head while trying to extinguish the thorny issues in northern Arakan State that have since convinced observers both within and beyond Burma's borders that there is some sort of radical element afoot. A curfew has been extended in affected areas, and Lt-Gen Kyaw Swe, minister of home affairs, has warned locals to abide by the law, asking them not to leave the area. Buddhist Arakanese there have also reportedly asked security forces to provide them with arms and to form a local militia. The attacks appear to have been well planned and coordinated. According to some Asian intelligence sources, military training was provided near the Burma-Bangladeshi border area; similar information was released during the government's press briefing, based on the confessions of those arrested so far in northern Arakan State. Ten days before the attacks, militants, looking to join groups in Arakan State, allegedly crossed the Naf River that marks the Burma-Bangladeshi border. Aqa Mul Mujahidin, a group unknown previously, carried out the attacks, the President's Office said, and has links to the Rohingya Solidarity Organization, a group that has seemingly been defunct for some 20 years but which is often invoked in Burma by those fearful of Islamic extremism. Indeed, the government is under the impression that the organization receives financial backing from global Islamic terrorist networks and is led by a 45-year-old living in Maungdaw Township's Kyauk Pyin Seik village who attended a "six-month Taliban training course in Pakistan," according to the press release. However, Burma's de facto leader Daw Aung San Suu Kyi, currently in India, told the Hindustan Times: "We don't know the full details. We don't know when those six months were. And we are also told he had been receiving funding from various Islamic countries. That is information from just one source. We can't take it for granted that it's absolutely correct." The government has asked for cooperation from Bangladesh, Pakistan, and Saudi Arabia. Daw Aung San Suu Kyi said "Bangladesh has been very cooperative…they have given us information when there was an attack looming and we were able to make necessary preparations." When questioned on the the issue of terrorism, the Nobel Peace Prize laureate treaded carefully while talking about new challenges facing her country. "Basically what we're trying to get rid of is terrorism, the use of terror to achieve one's ends… I'm certainly not in favor of violence, let alone terrorism and I think we all need to work together to find the answer to why people resort to terrorism. What is it about, it's not as easy as some people think it is, people resort to terror because they like terror—no, it's not like that," she said. The Rohingya—the country's oft-persecuted Muslim group—has swiftly been caught up in the hunt for suspects. Richard Horsey, a political analyst, told the Brussels-based International Crisis Group last week that "there is clear evidence that many of the attacks were from the Rohingya community, who make up 90 per cent of the population in this area of [Arakan] State. But it is not clear how they were organized." The Rohingya are not an officially recognized ethnicity in Burma. Indeed, even Daw Aung San Suu Kyi said, "We think that saying 'Muslims in the [Arakan] State' is a factual [position]." Soon after the attacks, the military sent troops to the area, and Burma's Commander-in-Chief Snr-Gen Min Aung Hlaing reportedly gave the green-light to use air assistance to evacuate Buddhist Arakanese locals and civil servants who had been trapped by the unrest, as well as to deploy more troops, a decision backed by a majority of Burma's overwhelmingly Buddhist population. Given the country's past experience with Mujahideen separatist outfits, the attacks have alarmed many Buddhist Burmese and more moderate Muslims. In 1948, Mujahideen violence erupted in Arakan State soon after Burma regained its independence; the rebellion received support in parts of Eastern Pakistan (what is today Bangladesh). Some Muslim leaders in northern Arakan State who had served under the British took part in the rebellion. In April of 1942, when Japanese troops occupied Burma, British soldiers who had retreated to India set up the V Force to gather intelligence, in the process recruiting Muslims to work on the frontline. There were Arakanese Muslims who played key roles in reconnaissance missions, the rescuing of downed aviators, and raids on Japanese collaborators. British officers serving in V Force provided assistance, particularly medical aid, to the Muslim populations, wrote Moshe Yegar, author of the book "Muslims of Burma." It took years to quell Mujahideen movements in the course of the 1950s under late Prime Minister U Nu's government. In 1961, the Burma Army finally forced Mujahideen forces to surrender. In any case, news of alleged militant attacks and security forces' response has taken center stage in the media, siphoning away attention from Burma's north, where skirmishes between the Burma Army and the Kachin Independence Army have flared up over the past several weeks. The recent attacks in Arakan State have no doubt provided more authority to armed forces and to police to tighten security, set up checkpoints, send more troops to seal the border area, and even prevent humanitarian assistance from reaching refugee camps along the border. Also of note is that the attacks took place only one month after former UN Secretary-General Kofi Annan's controversial visit to Arakan State. Before her official visit to the United States and prior to delivering her first speech at the United Nations in her capacity as foreign minister, Daw Aung San Suu Kyi gave the go-ahead to establish an advisory commission—headed by Annan—that would look for solutions to conflict in Arakan State. Local Arakanese strongly opposed the Annan-led commission and staged protests during his visit. In light of the attacks, there is now fear among diplomats, some Burmese, and the international community that the commission is in jeopardy. Last week, President Htin Kyaw, Daw Aung San Suu Kyi and Snr-Gen Min Aung Hlaing held a meeting at the presidential residence in Naypyidaw. Deputy Army Chief Gen Soe Win, Defense Minister Gen Sein Win, and Minister of Home Affairs Lt Gen Kyaw Swe also attended. They discussed overall security issues, including the recent attacks, clashes in Kachin and northern Shan states, the actions of National Ceasefire Agreement signatory the Restoration Council of Shan State, the conditions in the Wa and Mongla autonomous regions, and plans for improving the combat-readiness of the Myanmar Police Force. But the issue in Arakan State is different, and it received special attention. The security forces seemed to have information to feed Daw Aung San Suu Kyi and President Htin Kyaw. The meeting was itself an interesting development, as the country has the National Defense and Security Council, a powerful body comprised of 11 members including the two vice presidents, the two speakers of the Parliament, and the foreign affairs minister. But the two vice presidents and the parliamentary speakers were not at the meeting. According to the constitution, Daw Aung San Suu Kyi and President Htin Kyaw are members of the council, in addition to Snr-Gen Min Aung Hlaing, Gen Soe Win, and Gen Sein Win. This meeting took place as Burma's government struggles to transform the old system and steer the country in a new direction, and as a new security crisis unfurls on the country's western flank, in northern Arakan State, a situation made precarious by the competing sympathies of Arakanese and the international community when it comes to the plight of Rohingya Muslims. Looking ahead, Burma's six-month-old government will need the full cooperation of the security forces and as much reliable information on the ground as possible if it wants to contain a perfect storm of events that could muddy the country's much-lauded democratic rebirth. The post All Unquiet on the Western Front appeared first on The Irrawaddy. |
| DKBA Splinter Group Clashes with Burma Army, Casualties Reported Posted: 20 Oct 2016 02:18 AM PDT RANGOON — Casualties were reported in fighting between a splinter group of the Democratic Karen Benevolent Army (DKBA) and a joint force of the Burma Army and the allied Border Guard Force (BGF) on Wednesday in Kawkareik Township of Karen State. "During the attack, four of our soldiers died," Maj Saw San Aung, a leader of the DKBA splinter group—which calls itself the Democratic Karen Buddhist Army—told The Irrawaddy on Thursday. "The fighting lasted over 30 minutes and we heard that one civilian was injured." He said there was fighting yesterday between his troops and the joint force but that that no civilians fled their homes because the fighting broke out far from local villages. The Burma Army and the BGF launched joint offensives against the DKBA breakaway group in Myaing Gyi Ngu and Mae Tha Waw areas of Hlaingbwe Township in Karen State in September. About 5,000 civilians remain displaced after fleeing the conflict. After the September offensive, the Burma Army gained full control of Myaing Gyi Ngu and Mae Tha Waw, where the DKBA splinter group was previously based. The DKBA splinter group switched to guerrilla tactics: basing themselves in remote jungle mountain areas and launching surprise attacks on their opponents. The largest ethnic Karen armed organization the Karen National Union (KNU), which signed the nationwide ceasefire agreement (NCA) with the Burmese government last year, recently invited the DKBA splinter group to "rejoin" them under its military wing, the Karen National Liberation Army (KNLA). Maj Saw San Aung told The Irrawaddy that he appreciated the offer by the KNU but his group is not ready to rejoin the organization because they remain engaged in battle in remote areas. "We are happy that they made this generous offer," said Maj San Aung. "But it's difficult to rejoin as KNLA members. We would prefer for a common name such as the Kawthoolei Armed Force." Kawthoolei is a Karen language name for their ethnic homeland. Maj Saw San Aung's DKBA splinter group is estimated to have 200 troops. It broke away from the main DKBA last year after DKBA leaders agreed to sign the NCA, along with the KNU, in October of last year. The post DKBA Splinter Group Clashes with Burma Army, Casualties Reported appeared first on The Irrawaddy. |
| The Dilemma of Ceasefires Without Peace Posted: 20 Oct 2016 01:24 AM PDT "Do not put your trust in man. Rather, trust the constitution that we will be drafting." These were the very words that Bogyoke Aung San used to address the deep mistrust expressed by Shan, Kachin and Chin representatives about certain ethnic Bamar leaders when he persuaded them to sign the historic Panglong Agreement in February 1947. With such agreement, it was hoped that the independence generation of national leaders would resolve the deep political and ethnic challenges facing the new union without armed struggles breaking out. But, looking back at the continuing state of conflict in our country, it needs to be asked whether there was really a sincere opportunity for political solutions by peaceful means at that time? And if so, what does it warn of now when military operations are expanding again under a new incarnation of central government when peace hopes have recently been so high? To understand our sense of concern, the Kachin experience is sadly poignant. Kachin leaders have always been in the forefront of initiatives to give peace and reconciliation a chance in our country. It was Kachin representatives who encouraged other nationality leaders at Panglong to reject a British offer of Home Rule and rally behind the national independence movement led by Aung San. The Panglong Agreement, however, was never honored and, in the rush to independence, armed struggle rapidly spread across the country. Since this time, the Kachin people have never wavered in their search for peace. At every change of government in the post-independence era, Kachin organizations—armed and unarmed together with faith-based and community groups—have never failed to support peace negotiations in the hope that they will lead to political solutions. Such desire has continued through every political era, whether military, quasi-civilian or elected government. Hopes were especially high in 1994 when a bilateral ceasefire agreement was reached with the military government of the State Law and Order Restoration Council. Many Kachins for the first time felt that there was political light at the end of the tunnel, and the Kachin Independence Organisation subsequently participated in the National Convention to draw up the country's new constitution. Expectations, however, of national peace and inclusion were ultimately dashed. So it is important to stress that the failure of the 17 years of ceasefire was not for a want of local efforts. Within the confines of military rule, Kachin organizations sought every avenue to address the dire needs of the conflict-affected after decades of civil war. Community-based activities multiplied and the KIO, along with other peace groups, promoted regional development while advocating constitutional reform and a new general election to institute peace and a representative system of government in the country. In pursuit of these aims, the KIO—together with 12 other peace groups—submitted a joint vision to the National Convention for a federal system of government to guarantee the equality and autonomy promised by Aung San and the Union's founders at Panglong in 1947. Their proposals, however, were ignored, with only a promise that they would be put on file. Meanwhile new forms of exploitation and corruption emerged, including environmental destruction, land-grabbing and other human rights abuses. Equally concerning, the efforts by Kachin people to form representative parties to stand in the 2010 general election were blocked. In consequence, few citizens saw improvement in the security or quality of their lives, causing many Kachins to ask: "War or Peace: what's the difference?" The 17-year ceasefire was broken immediately after President U Thein Sein took the helm of a quasi-civilian government under the aegis of the 2008 Constitution. The unprecedented use of sophisticated weaponry, including fighter jets, helicopter gunships and heavy artillery, has since caused over 100,000 Kachins to flee from government troops. Most continue to languish in internally-displaced persons camps until this very day. At the same time, despite President Thein Sein's suspension of the Myitsone Dam, the exploitation of natural resources such as jade and timber has only increased. Such ill-treatment and oppression have only furthered a new generation of grievances, and many Kachins are now firmly entrenched in the opinion that they should not abandon armed struggle unless there is a real political solution in sight. Kachin leaders have nevertheless continued to engage in peace negotiations at every opportunity. From the time of renewed hostilities in 2011, they entered into new peace talks with the government of President Thein Sein, and a breakthrough of sorts appeared to be reached during meetings in Oct. 2013. A new agreement offered the KIO opportunity to get together with other ethnic armed organizations to collectively negotiate with the central government for a political settlement. Divisive trends, however, in national politics quickly began to emerge; first, the political reform process was separated between parliament and ethnic peace talks; and second, a division developed between the eight ethnic armed organizations that signed a "Nationwide Ceasefire Agreement" with the Thein Sein government last October and a majority of nationality forces, including the KIO, that want to wait until the national peace process is truly inclusive. Despite these differences, hopes really grew that a new era of peace and reconciliation could be at hand when Daw Aung San Suu Kyi and the National League for Democracy came into government office last March. Optimism developed in spite of the fact that the form of national government remains a centralized, unitary system and the 2008 Constitution is still in place. The reality is that, since 1962, there has been only one party in power, the national armed forces or Tatmadaw, and its presence in government is pervasive and indomitable. Nevertheless hopes of peaceful change further increased at the recent "21st Century Panglong Conference" which the KIO also attended. For a brief moment, it appeared that the parliamentary and ethnic peace processes would finally be brought together on the same track in the interest of all peoples. The potential for peace, however, presently appears short-lived. Tatmadaw operations have once again increased around the holding of peace talks, with offensives escalating from mid-September—including air strikes and artillery shelling—during attacks on KIO positions. On Oct. 14, the United Nations Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Stephen O'Brien, expressed concern that humanitarian aid was being blocked by the authorities in some areas. "I spoke with people who fled violence more than five years ago and who are simply waiting for the guns to go silent before they can go home," said Mr O'Brien. This only serves to highlight the long-standing conundrum for the Kachin people: they know only too well that, if the government and Tatmadaw truly wanted, a halt to military offensives would have been achieved a long time ago. This was amply demonstrated during the 17 years of ceasefire and previous times of peace talks. But for over five years now, every peace announcement or initiative has seen no let-up in Tatmadaw operations and build-up. It is almost as if peace talks and ceasefires are being used as a stratagem of war. Worries, too, are now being felt over the apparent silence and ambivalent position towards the Tatmadaw's operations by the new NLD government. Fears over the NLD's lack of understanding or ability to confront these issues increased this week at the first anniversary of the Nationwide Ceasefire Agreement (NCA) signing at Naypyidaw when State Counselor Daw Aung San Suu Kyi seemed to suggest that, as long as the NCA is signed, the ethnic conflicts will be over. But if this is the government's belief, it disregards the fact that neither is the NCA open to all groups nor does the Tatmadaw appear to be bound by it. Recent Tatmadaw operations in the Karen state, an area supposedly covered by the NCA, as well as attacks on the Restoration Council of Shan State, an NCA signatory, further underline this point. Of course, political transition in Burma was always likely to be a formidable task after decades of conflict and military government. It is also recognized that all countries in the world face difficult challenges in achieving democratic political systems that represent the people. Such institutions as the European Union, for example, have problems with centralism and disparity between member states. But while the context might be different, the challenge of such inequalities reflects the experiences in our country where the Tatmadaw has become an inherently authoritarian political and economic structure and successive governments, whether military or elected, support this by positioning themselves close to the status quo. For the Kachins, who are co-founders of the Union, it is a challenge to overcome this unrepresentative system on their own. But no matter how their actions are viewed by others, the Kachins will continue to defend their rights and repel military aggression wherever it occurs. As experience since independence has long shown, it is a matter of survival. And such sufferings, which afflict many nationalities in our country, cause real harm to inter-community relations. As a new government, once again led by ethnic Bamars, now seeks to resolve the country's challenges, it is sad to say that a prevalent view among many Kachins about the Bamar elites is: "When there is discord within their ranks they will try to sow division amongst us and exploit the situation; and when they are united, they will direct their energies to annihilating us." Burma's future could still be bright. But as military offensives continue, it is vital to recognize that the recourse to armed tactics is not just a Kachin issue but a national issue as well. If there is a reversion to military rule, it might not make much difference for the Kachins who have been living under this reality for many decades, but it must give real cause for concern to everyone who supports democracy. Political solutions will never be achieved on the battlefield. Under such a scenario, there will be no winners but just losers. Military-first tactics will never end, and the present political landscape will not mark a step in transition towards peace and democratic change. Rather, the country will remain enmeshed in the unending cycles of conflict, ceasefires and broken promises that underpin state failure and national under-achievement. The task of finding peaceful solutions thus falls to us all: political parties, ethnic armed organizations, community and civil society groups, media, faith-based groups, individual activists for peace, and coalitions of interest groups. It is time to say that "enough is enough" to military offensives. At a time of critical national change, the attitude of waiting until armed conflict is over to settle things will not work. Popular momentum is building. What is now needed is to forge a national movement in the same way as the "Save the Irrawaddy" campaign that halted the construction of the Myitsone Dam under the Thein Sein government. People of all ethnic, political, religious and geographical backgrounds need to come together in one voice to stop the war before it is too late. In the meantime, tens of thousands of Kachin civilians have come out in protest against the war in recent days. Their protests were echoed in an appeal letter sent to State Counselor Daw Aung San Suu Kyi by the NLD's Ethnic Affairs Committee Chairperson for the Kachin state, Sheila Nang Tawng, and signed by her fellow MPs. Protests against the Kachin war are also being carried out in Hakha, Yangon and Mandalay by other ethnic brethren, including the Bamar. Thus this is a call for all civilians, political parties, faith-based and civil society organizations across the country, as well as those abroad in their adopted nations, to come together in solidarity with the Kachin and other nationality peoples in their suffering and demand:
Article republished with the kind permission of the Transnational Institute. See the original here. The post The Dilemma of Ceasefires Without Peace appeared first on The Irrawaddy. |
| Termination of Myitsone Dam the Only Option, Say Local Kachin Posted: 20 Oct 2016 12:21 AM PDT RANGOON — It has now been five years since the Myitsone Dam project was suspended, but local ethnic Kachin Mung Ra is still not satisfied. He wishes that the project had been entirely terminated. He frequently laments the loss of his farm and bamboo plantation—he had to leave these behind when he was forcefully relocated for the project. Mung Ra used to live in Dawn Ban, one of over 20 villages that were relocated to make space for the Myitsone Dam. He and his fellow villagers had to leave Dawn Ban behind in 2011 because the village lies in an area designated for a sluice gate. Bamboo trees are not useful to urban residents, but to people like Mung Ra—who live alongside the "Myitsone" confluence of the Mali and N'mai rivers, which forms the Irrawaddy River 26 miles north of the Kachin State capital Myitkyina—bamboo is a crucial source of income.  "Bamboo is the source of our livelihood. We sell bamboo in towns to producers of bamboo matting. And we use this money for our household expenses," said Mung Ra. In 2011, locals were ordered to move as farmlands and bamboo trees were cleared for the dam project. Each household only received 100,000 kyats (about US$78) for moving expenses, and the authorities compensated villagers 5,000 kyats ($4) for each cluster of bamboo plants cleared. No compensation was given for the actual farmland left behind. "A bamboo plant is sold for at least 1,500 kyats [US$1.18] in town [Myitkyina]. But the compensation we receive is only 5,000 kyats for the entire cluster of bamboo plants. On my bamboo plantation, the smallest cluster has at least 50 bamboo plants, and the largest cluster has about 300 plants," Mung Ra said. Dawn Ban villagers were relocated to new homes in Mali Yang village, where new spaces were created by clearing farms and bamboo plantations—which of course had been a source of income and indeed livelihood for the villagers of Mali Yang. Moreover, Mali Yang locals had to give up their farms in order for roads, also part of the project, to be constructed.  Brang Mai of Mali Yang village recounted his experiences: "I'll never forget the day when Chinese men came to check terrain conditions for road construction in December 2011. We were drying paddy on the embankment, and because they didn't want to walk in the mud, they stepped on the paddy with their shoes." Since then, Mali Yang residents have reclaimed bushes for farming, but even so, those lands are not fertile enough. Farms were previously close to the Mali Yang village, and it only took approximately three months to farm for the year. But now, the new farming site is some 10 miles away from the village, presenting a great inconvenience to villagers. This story is not unique. About 3,000 people from some 20 other villages face hardships similar to those of Mung Ra and Brang Mai. An agreement on the China-backed $3.6 billion-dollar Myitsone Dam was signed under the military regime of former Snr-Gen Than Shwe, and construction of the project started in 2009. The China Power Investment Corporation is the developer. Under the agreement, China would receive about 90 percent of the power generated.  Yet in the face of opposition from local ethnic Kachin and environmental and political activists, former president Thein Sein suspended the project in Sept. 2011. The previous government, however, granted licenses to gold mining companies along the confluence after the relocation process. The Irrawaddy visited this area earlier this month and found that some companies are still digging for gold, despite an official ban. The previous government built two new villages in Waingmaw Township, east of Myitkyina, for those 3,000 people who were relocated from over 20 villages. They had no choice but to start new yet difficult lives with the small houses given by the government—and without proper compensation. In some cases, locals were even coerced by authorities to move. Lu Ra, a villager from Tang Phare village who is now living in the newly constructed Aungmyintha village, said: "We didn't want to move, and we decided to stay, no matter what came. But police and Chinese men came and said that even if we didn't move, we wouldn't be allowed to live in the village, and that we wouldn't be given a new place. I have children and a family, [so] I agreed to move." Some Tang Phare villagers, because they could not immediately find a source of income in the resettlement area, continued to grow crops on their farms in their old village. But they were quickly arrested, though the authorities later released them. Locals who have been affected by the dam said that they voted for the National League for Democracy (NLD) in the Nov. 2015 general election because they believe that the party will listen to their voices and ultimately terminate the project. Locals staging a demonstration against the dam in 2015.(Photos: Nan Lwin Hnin Pwint / The Irrawaddy)  "If the dam breaks, it will sweep away the people to the south of it [downstream of the Irrawaddy River]. This isn't a wild guess, but an actual possibility," said Dr. Manam Tu Ja, chairman of the Kachin State Democracy Party (KSDP). Ethnic Kachin oppose the dam not only because it puts lives at risk, but also because it endangers the historically valuable Irrawaddy River, the KSDP chairman said. "Weighing the pros and cons, the dam has more disadvantages than advantages. That's why we're calling for its termination. Even President U Thein Sein’s government listened to the wishes of the people; the new government shouldn't continue it," he added, saying that the NLD government should take decisive steps toward terminating the project. In March, China's Vice Foreign Minister Liu Zhenmin told the Chinese media that the Myitsone Dam deal is still in force, and that the project is crucial for China. China is upset that the project has been suspended and has urged for its continuation. At the invitation of Chinese President Xi Jinping, Burma's de facto leader, State Counselor Daw Aung San Suu Kyi, visited Beijing in August. In a joint statement, the two leaders vowed to enhance cooperation between their governments and promote neighborly ties. The statement only mentioned cooperation in vague terms regarding the economy, trade, agriculture, water resources, and power generation; it did not touch on the Myitsone Dam. However, Daw Aung San Suu Kyi told Chinese Premier Li Keqiang that she would like to work out a solution to the project that is acceptable to both sides without negatively affecting their mutual interests. A 20-member commission was formed by presidential order in August, ahead of Daw Aung San Suu Kyi's visit to Beijing, to review proposed hydropower projects on the Irrawaddy River, assessing the potential benefit to Burmese citizens and making recommendations on whether they should proceed. The first report is due by Nov. 11. Promising to listen to locals, the commission conducted a field survey in September. The Irrawaddy made phone calls for three consecutive days to Kachin State Chief Minister Dr. Khet Aung, who is a member of the commission, to ask about the body's findings but was unable to obtain comment. Dr. Manam Tu Ja of the KSDP said the commission should take the people's opinions into serious consideration. While conducting the survey, however, commission members only met with a few locals and failed to meet most of the ethnic Kachin displaced by the dam project, said La Awng of Hkan Bu village. Mung Ra, Lu Ra, and La Awng were among those who voted for the NLD, believing that it would not ignore their wishes. But now they are not so sure. "We'd like to tell [NLD] lawmakers what we face on the ground. But they no longer come to us," said Mung Ra. Lu Ra said that she, along with her fellow villagers, had asked to meet Kachin State's chief minister in September to talk about the dam project—but he refused their request, saying that he had no time. Looking to the future, La Awng called the project "a big weapon that threatens locals every day." Translated from Burmese by Thet Ko Ko. The post Termination of Myitsone Dam the Only Option, Say Local Kachin appeared first on The Irrawaddy. |
| Sagaing Chief Minister Pledges to Enforce Ferry Safety Laws Posted: 19 Oct 2016 08:47 AM PDT RANGOON — Sagaing Division's chief minister has pledged to take "effective" legal action against ferry operators who violate restrictions set by regional government, in the wake of the tragedy of the overcrowded ferry that capsized on the Chindwin River on Saturday. Regional chief minister U Myint Naing visited the location of the rescue operations in Kani Township's Michaung Dwin village on Wednesday and told reporters that the regional government would plan a proper policy to tackle such violations, given that similar accidents have happened in the past. He also confessed that regional legislation on the issue is "flawed" and assured that it would "be amended." U Myint Naing added that the regional government would hold a press conference concerning the incident on Friday, detailing updates on the situation based on reports and investigations. "Once the sunken ferry is salvaged and we get precise reports, we will proceed with legal procedures as soon as possible," he said. The privately owned Aung Soe Moe Kyaw-2 ferry was reportedly carrying 300 passengers. As of Wednesday, the rescue team had recovered 48 bodies, but the death toll is expected to climb as several people remain missing. According to the Sagaing Division's Department of Marine Administration, the ferry was registered as having a seating capacity of only 36 passengers. The vessel left Homalin for Monywa on Friday evening. However, the Marine Administration Department restricts ferries from navigating after dark. Police have since brought charges against the helmsman of the ferry. Lower House lawmaker U Tun Tun Naing of Kani Township told The Irrawaddy on Wednesday that he would raise questions to the government about its plan to undertake and enforce regulations on privately owned ferries. There were also two recent fatal boating accidents in Arakan State, killing four schoolgirls in Rathedaung Township and six women in Taungup Township. According to police investigations, the deaths were a result of an insufficient or total lack of life jackets provided for passengers on board. On March 13, 2015, the government-owned Aung Ta Kon (3) ship, running between Sittwe and Kyaukphyu in Arakan State, sank in Myebon Township, reportedly killing at least 160 people, but with only 72 bodies recovered. The boat was reportedly overloaded with various goods. The Arakan State government has since suspended the route after facing criticism for being unable to enforce regulations. The post Sagaing Chief Minister Pledges to Enforce Ferry Safety Laws appeared first on The Irrawaddy. |
| Chinese Nationals Arrested in Northern Shan State for Illegal Mining Posted: 19 Oct 2016 07:43 AM PDT Four Chinese nationals were arrested for illegal silica mining in Namkham Township in northern Shan State on Monday afternoon. Local residents joined authorities to apprehend the four men along with two trucks transporting silica—a mineral extracted from sand—in Wen Kam village of Namma village tract in the township, Namkham resident U Sai Yi told The Irrawaddy. He said locals had long opposed mining in their area. "There were previous cases of Chinese men taking away mineral stones with trucks," he said. U Kyaw Kyaw Tun, the lead administrator of Muse District, which includes Namkham Township, told The Irrawaddy that authorities had already suspended silica mining, including by licensed companies, in Namkham Township—after sustained local activism and petitioning. "We arrested four Chinese men and seized two trucks carrying stones. We are investigating where they dug those stones from, and to which company they belong. They are now being detained at Namkham Township police station," U Kyaw Kyaw Tun told The Irrawaddy. The Department of Immigration and Population is investigating how the Chinese nationals entered Burma. Authorities are also checking whether or not the two trucks are licensed. Due to grievances that silica mining was harming the local environment and damaging farmland, on Sept. 5, 2014, more than 3,000 people demonstrated in Namkham demanding an immediate stop to mining in the area. On Sept. 8 of that year, 10 Shan community-based organizations released a join statement saying that mining should be halted until mining practices are reformed and peace is secured in the area, which has seen recurrent clashes between the Burma Army and ethnic armed groups in recent years. "The [silica] mining has led to floods, damaging more than 100 acres of nearby land and crops there," activist Nang Muay Noom Hom told The Irrawaddy at the time. "Roads were also damaged by the floods and there have been fatal road accidents." Six mining companies started to operate silica mines in Namhkam in 2012, exporting the mineral across the nearby border with China's Yunnan Province, said Nang Muay Noom Hom. Silica, or silicon dioxide, is a chemical compound that exists naturally as quartz and as a major component in sand. It is used commercially around the world in soaps and cosmetic products. Translated from Burmese by Thet Ko Ko The post Chinese Nationals Arrested in Northern Shan State for Illegal Mining appeared first on The Irrawaddy. |
| Election Tribunal Dismisses Ex-Minister’s Fraud Allegations Posted: 19 Oct 2016 07:31 AM PDT RANGOON — A Union Election Commission (UEC) dispute tribunal has dismissed the objection filed by former minister of Livestock, Fisheries and Rural Development U Ohn Myint against the electoral victory of the National League for Democracy (NLD) lawmaker Daw Aye Mya Mya Myo. Former military general U Ohn Myint ran as a Union Solidarity and Development Party (USDP) candidate in the November 2015 general election for a Lower House seat in Rangoon's Kyauktan Township. He was defeated by Daw Aye Mya Mya Myo by more than 10,500 votes. In December, he filed a complaint with the UEC against Daw Aye Mya Mya Myo, alleging electoral fraud and accusing her of blocking him from campaigning. He asked the tribunal to declare him the rightful lawmaker of Kyauktan, claiming that he had obtained the majority of votes. In an announcement published on Wednesday, the election commission said that the tribunal—which is made up of senior UEC members—had decided to dismiss the objection, and ordered the petitioner U Ohn Myint to pay 200,000 kyats (US$157) compensation to his opponent, Daw Aye Mya Mya Myo. U Ohn Myint will be allowed to appeal the tribunal's decision if he chooses. Daw Aye Mya Mya Myo told The Irrawaddy on Wednesday that the commission had cleared the objection as there was no reliable evidence for the accusation. "He accused me of blocking his way during the campaign. But I was acting in accordance with the commission's approval, for which we seek permission in advance. So the commission decided that his accusation is not valid," she said. The Irrawaddy previously reported that more than 40 tribunal cases have been filed with the UEC against winning candidates in November's election: 26 by USDP, and eight by the NLD. At the Union level, the cases involved 14 Lower House seats and seven Upper House seats; 25 regional parliamentary seats have also been disputed. Objections range from allegations of intimidation to misconduct at polling stations to defamation and misuse of religion. Daw Aye Mya Mya Myo told The Irrawaddy that Myo Chit, U Ohn Myint's election agent, also sued both her and polling booth officials for electoral fraud. She was charged under Article 341 of Burma's Penal Code, which states that the "wrongful restraining" of any person shall be punished with one month in prison or with a fine. The case is still ongoing at the Kyauktan Township Court. U Ohn Myint has previously made headlines after he was caught on video threatening to slap a group of villagers for insubordination. The incident occurred during a visit to Thityarkaut village in Magwe Division in 2014, while he was serving as a Union minister. He described himself as "the one who slapped people's faces around the country" and added that he was "brave enough to slap anyone in the face." On Wednesday, the UEC also released the designated schedule for by-elections which will be held on April 1 to fill vacant parliamentary seats. It said that the names of candidates will need to be submitted from Nov. 28 until Dec. 7 and that the candidate lists will be announced on Jan. 2. The election campaign period is scheduled from Jan. 30 until March 30. The post Election Tribunal Dismisses Ex-Minister's Fraud Allegations appeared first on The Irrawaddy. |
| Rangoon MP Raises Questions About Previous Govt’s Land Leases Posted: 19 Oct 2016 04:56 AM PDT RANGOON – Near the end of his tenure as Rangoon's chief minister, U Myint Swe—now serving as Union Vice President (1)—issued 232 land lease contracts to private companies at special rates; local lawmaker has raised questions about why information about these initiatives appears to have been blacked out. National League for Democracy (NLD) regional legislator U Nay Phone Latt—also known as U Nay Myo Kyaw—asked during Wednesday's parliament session about the rental rates decided upon for these projects during 2015-2016 fiscal year, and called for the agreement between the previous government and the companies involved to be unveiled. He claimed that such land leasing practices had occurred not only in Rangoon but also in Mandalay Division. When a Mandalay NLD lawmaker proposed that the parliament scrutinize these non-transparent projects, the move was approved and an investigative committee was formed. Like Mandalay, he said, Rangoon also needs to examine whether public lands were involved in the dealings. "Will the Rangoon government review these projects?" asked U Nay Phone Latt. "If the government has a plan to check, when would it inform the parliament of the findings? If there is no plan to inform us, let me know why." Rangoon Mayor U Maung Maung Soe said, "We don't have plan to cancel 232 land [contracts]," and described the projects as "impossible to shelve." He added that the Yangon City Development Committee (YCDC) would carry out an inspection, but that challenges remain, as the land was given out in individual deals under the previous government. U Nay Phone Latt again stated: "We want to know the land types involved in the 232 [projects] and who they were given to." Arguably brushing off the MP's inquiry, the mayor said the question had been answered. After the parliamentary session, U Nay Phone Latt told reporters that he felt the mayor had ignored his question as to how much profit the government gets from land leases. "We know nothing of such information," he said. MP U Nay Phone Latt said he believed that YCDC might have the list of lands leased in this manner, although the mayor declined to comment on these details in parliament. Both citizens and lawmakers have the right to know the activities of the government, he added, and said that he would continue to try to learn more about the case. The post Rangoon MP Raises Questions About Previous Govt's Land Leases appeared first on The Irrawaddy. |
| Senior Party Figure U Win Htein to Appear Before NLD Tribunal Posted: 19 Oct 2016 04:23 AM PDT Burma's ruling party the National League for Democracy (NLD) on Wednesday launched an internal investigation from Naypyidaw into the controversial purge of senior leaders in the Shan State chapter of the NLD. U Win Htein, an NLD central executive committee (CEC) member and leading party figure, expelled the NLD Taunggyi District chairperson U Tin Maung Toe in a verbal order and demoted Shan State NLD chairperson Daw Khin Moe Moe and two others during his visit to Shan State in September. The expelled and demoted members subsequently filed an appeal, prompting the CEC to launch an internal investigation. NLD auxiliary CEC member U Kyaw Ho, a practicing lawyer, heads the three-member party tribunal charged with the investigation, serving alongside Mandalay Division NLD chairperson U Tin Htut Oo and CEC member Daw Lei Lei. "Today, the tribunal started hearings. But U Win Htein couldn't come because he is on a trip. We will examine the evidence at the next session," U Kyaw Ho told the media. U Win Htein has been on a tour of local NLD offices in Chin State. Daw Khin Moe Moe told reporters that she suggested that the tribunal question U Win Htein when she originally filed the appeal. The tribunal assented and plans to question U Win Htein, alongside witnesses, on Oct. 24-25. "I explained to [tribunal] head U Kyaw Ho that it wouldn't be fair if we were questioned before U Win Htein. U Win Htein has to present an official justification [for having expelled the members] in front of the tribunal, and then we can defend it," said Daw Khin Moe Moe. U Win Htein has claimed he has evidence that Daw Khin Moe Moe told locals to vote for the Shan Nationalities League for Democracy [with whom the NLD refused an electoral alliance] in the 2015 general election and failed to campaign for the NLD in Shan State. U Tin Maung Toe, the Taunggyi District NLD chairperson, told the media: "I have been in this party since 1988 [when it was founded]. We understand all the rules and regulations of the party. I have never heard of a 'verbal' dismissal. The party is currently the ruling party and also formed the government. So, I would like for it to go by the rules. I want it to become a model party for the country." The two other Shan State NLD members to have faced demotion, Daw Mee Mee and Daw Yumi Zaw, were also accused of failing to campaign for the NLD in the lead-up to the 2015 election. Their demotions will be investigated as a single case. U Tin Maung Toe's expulsion and Daw Khin Moe Moe's demotion will each be considered as separate cases. "When [U Win Htein] came to Shan State, I wrote a Facebook post that he considered insulting towards him," U Tin Maung Toe told the media, to explain his demotion, saying he would defend his case "with evidence." Though Daw Khin Moe Moe was made to forfeit her position as NLD Shan State chairperson, she remains a central committee member. "We called for the formation of an investigation commission to punish whoever is guilty," Daw Khin Moe Moe told the media. Translated from Burmese by Thet Ko Ko The post Senior Party Figure U Win Htein to Appear Before NLD Tribunal appeared first on The Irrawaddy. |
| Burma’s Disappointing New Investment Law Posted: 19 Oct 2016 12:30 AM PDT A new investment law has been rushed through Burma's Parliament, with the Upper House giving its approval on Oct. 6. According to the Myanmar Investment Commission, the law is expected to take effect soon. EarthRights International and other civil society groups are concerned that the consultation period for the law was too short, and the law itself is incomplete and too weak to secure responsible investment in many of the country's most destructive industries. Despite the ruling National League for Democracy's rhetoric of responsible investment in the lead-up to the 2015 general election, the Investment Law is a significant disappointment. The NLD government's new sense of urgency in passing the Investment Law came in the wake of State Counselor and Foreign Minister Daw Aung San Suu Kyi's visit to the United States, during which President Obama announced that the US would end its economic sanctions program and Responsible Investment Reporting Requirements for US investment into Burma. In response, lawmakers in Burma's Upper and Lower houses felt pressured to enact the new Investment Law as soon as possible, leaving no time to properly debate the law's terms and understand its implications. Typically, a draft law will be debated in the Lower and Upper houses over a period of two to three months. In the case of the Investment Law, the draft was passed by both houses in under two weeks. The Law represents a missed opportunity to introduce an investment framework that decentralizes decision-making power over large-scale investment projects, and ensures that the voices of local communities affected by massive development projects are heard. Despite paying lip service to investors' environmental and social responsibilities, the new law fails to recognize affected communities' right to an effective remedy against investors for breaches of the law. Burma's new investment law also gives the Investment Commission broad decision-making powers with little guidance and no effective oversight. This means that many projects in industries with enormous environmental and social footprints, such as mining, oil and gas, coal and hydropower may be approved without any meaningful constraints on the investment permit process, which is not clearly defined. When an investment is likely to have a significant impact on the environment and local populations, the commission is merely directed to give the proposal "necessary scrutiny" to determine whether it is "strategic for the Union." This represents wide-ranging discretion, which should be bounded by strict rules that further define the terms of acceptable, responsible investment. What is more, under the new law, only one among the new nine-member Investment Commission must be a democratically elected official—creating the risk that the majority will be drawn from private industry. Crucially, the new investment law also fails to ensure transparency. The law does not oblige the Investment Commission or investors to make any information on investments publicly available. This is a critical oversight, particularly in light of Burma's history of cronyism and corruption linked to investment in Burma's wealth of natural resources. As the government rushes to revise laws and procedures that impinge on investment—including those related to land tenure and the environment—little is being done by lawmakers to ensure consistency. For example, it is unclear in the new investment law how procedures for acquiring investment permits interact with the duties of investors to submit Environmental Impact Assessments (EIAs). So far, a lack of understanding over this relationship has meant that EIAs are not properly reviewed—yet permits from the Investment Commission signal a green light to investors for their projects. Environmental and human rights groups in Burma, such as EarthRights International, had petitioned lawmakers to delay the enactment of the Investment Law until these issues were clarified and the terms of the law could be strengthened. However, it appears the NLD was more concerned with pushing the law through to encourage US investment. The NLD has missed an important opportunity to strengthen participation in the legislative process and to enact a law that promotes responsible investment. Most disappointing of all, the Investment Law leaves the citizens of Burma vulnerable to multiple forms of harm at the hands of improperly regulated investment. Kate Taylor is a Rangoon-based legal fellow at EarthRights International, an environmental and human rights organization headquartered in Washington DC. The post Burma's Disappointing New Investment Law appeared first on The Irrawaddy. |
| Board of Trustees Formed to Spearhead Secretariat Renovations Posted: 18 Oct 2016 10:57 PM PDT RANGOON — The Rangoon Division government has formed a board of trustees to manage renovations on one of Burma's most famous colonial-era buildings, the Secretariat, said Rangoon Division Minister for Electricity, Transport and Communication Daw Nilar Kyaw. The head of the trust told The Irrawaddy that the seven-member board, peopled primarily with architects and engineers, will manage the 126-year-old complex's conservation process—being carried out by the Anawmar Group—as well as certain aspects of the group's operational procedures, including the selection of Anawmar's partners. Anawmar, which is owned by family members of former junta general Tun Kyi, won rights from Burma's Investment Commission in 2012 to restore the building's architecture and preserve it in the long term as a historical museum and arts and cultural center. Daw Nilar Kyaw said that, given the Secretariat's towering historical significance, handing over renovations to a private organization had to be handled differently. She added that the trust intends to use Somerset House in London as a model to develop the red brick complex—which sprawls across 16 acres of land in downtown Rangoon—into an arts center. "That's why we've created the trust to assist Anawmar—the main operator—with the conservation and operational processes. We'll work hand in hand with the Yangon Heritage Trust and Anawmar to make sure everything is right," she said. Built in 1890, few colonial structures in present-day Burma are as historically important as the magisterial Victorian-era complex located at No. 300 Thein Phyu Road. It served as the headquarters for the British-Burma administration during colonial times. In 1947, Burma's independence hero Aung San, father of State Counselor Daw Aung San Suu Kyi, and his colleagues were assassinated in an upstairs room in the west wing of the complex.  Standing in the center of the Secretariat courtyard is a flagstaff where the flag of a newly independent Burma was first raised on Jan. 4, 1948. After the 1962 military coup, the complex became the Minister's Office. It was used in this capacity until 2005, when it was abandoned as the military regime suddenly made Naypyidaw its administrative capital. Anawmar eventually stepped in to save the Secretariat from years of neglect. U Soe Thiwn Tun, managing director of the group, said that he welcomed the formation of a board of trustees because it is an authoritative body with decision-making power. "The Secretariat is a part of [Burma's] national heritage. And so we have to take a great care when it comes to renovation. The trust will be very helpful [in this regard], as [its members] will be able to make decisions regarding dos and don'ts," U Soe Thiwn Tun said. Still, Anawmar was criticized this past year for its privatization of the colonial structure. Because its significance is so tightly stitched into Burma's national memory, critics argued, the Secretariat should belong to the public. In response to the public tussle, U Soe Thiwn Tun assured skeptics that the group's intention is to open the complex to the public, not to develop a hotel or a shopping mall. He also explained that even though Anawmar secured tender four years ago, the group had until recently done little in the way of renovations because it was awaiting approval from the Rangoon Division government, only receiving the go-ahead in 2015. "During that time we could only clear the site," U Soe Thiwn Tun said. But with the completion of the Conservation Management Plan, which was commissioned by the Yangon Heritage Trust, last September, evidence of renovations is impossible to miss—scaffolding surrounds most parts of the complex.  "Facade cleaning is now in progress. However, we've been told to suspend additional work until we get further instructions from the trust," U Soe Thiwn Tun said. He also outlined his blueprint for the refurbished Secretariat: the upstairs rooms in the south and west wings, as well as the old parliament building, will be transformed into public cultural and historical museums and an art gallery; the east wing will be rented out as office space; and small buildings in the complex's north will be turned into restaurants. "One-third of the complex will be used for commercial purposes since it won't be easy to cover the cost of renovating and maintaining the building. For office spaces and restaurants, I've invited an international partner," he said. He declined to reveal the name of the partner, saying he was awaiting approval from the Rangoon Division government. He insisted that such partnerships were within the terms of the contract. One of the trust members, Daw Moe Moe Lwin of the Yangon Heritage Trust, which has been providing renovation training to Anawmar, said the formation of the trust made sense. "The government's involvement in a state-level project like this will have advantages for management as well as for ensuring progress with implementation," she said. Anawmar's contract stipulates a 50-year lease to the group for renovations, along with the possibility of two, 10-year extensions. The total investment is US$50 million. The post Board of Trustees Formed to Spearhead Secretariat Renovations appeared first on The Irrawaddy. |
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