Thursday, June 1, 2017

The Irrawaddy Magazine

The Irrawaddy Magazine

SNLD Leaders: Govt Insistence on ‘Non-Secession’ Deprives Shan of Dignity

Posted: 01 Jun 2017 07:19 AM PDT

RANGOON — The Shan Nationalities League for Democracy (SNLD), the biggest ethnic political party in Shan State, has asked the government to remove term "non-secession from the Union" from any future peace accord concerning the political sector.

At the most recent session of the 21st Century Panglong peace conference, the Union Peace and Dialogue Joint Committee laid out basic principles for discussion by some 700 delegates concerning a future federal state. Thirty-seven were agreed to in a signed accord at the end of the six-day session, but four were left for future talks.

In total, the principles covered politics, security, economics, social issues, as well as land and the environment. Yet discussions reached a stalemate in the political sector over the concept of secession.

"By using [the term 'non-secession'], it will block political paths. But, by not using it, it will open political paths. It will hurt our peace process if we use it," said Sai Nyunt Lwin, secretary of the SNLD, in a press conference on Thursday at their office in Rangoon.

"Our disagreement does not mean our Shan will secede from the Union…We keep trying to see how we could stay all together in the Union," he said.

Another SNLD leader, Sai Kyaw Nyunt, said that he suspected other ethnic political parties also disagreed with the government and military's use of the term "non-secession" at the peace conference, but that they had chosen not to speak out, thinking the objection would suggest that they did not want peace.

In the 1947 Panglong conference, SNLD leaders pointed out that secession was discussed as an option. The current Panglong conference should honor that spirit, they said, adding that to not give them any agency in deciding their own future deprives groups like the Shan of their dignity.

"If we wanted to secede from the Union, we would not have been cooperating with the central government since 1947. We came to join the Union, but, we now feel that we were kicked in the back," Sai Nyunt Lwin said.

He said that the Shan "have had opportunities to have our own independence," but opted to join a Union with other groups. "This was our Shan dignity," he added. "But, now they order us not to secede."

The government will hold a Union Peace Conference session once every six months, based on the framework of the nationwide ceasefire agreement (NCA).

The SNLD leaders pointed out weaknesses in the conference—a lack of inclusivity, and an inability for many states and regions to hold national level political talks.

Many ethnic armed groups in Burma have not yet signed the NCA, and could not fully participate in the Union Peace Conference, most notably, members of the Northern Alliance and United Nationalities Federal Council.

Sai Nyunt Lwin and Sai Kyaw Nyunt said that they are worried that the government and military's insistence on using the term "non-secession" could further alienate these groups from joining the peace process.

The post SNLD Leaders: Govt Insistence on 'Non-Secession' Deprives Shan of Dignity appeared first on The Irrawaddy.

High School Teacher Sentenced to 40 Years for Rape

Posted: 01 Jun 2017 05:05 AM PDT

PATHEIN, Irrawaddy Division — A high school teacher in Irrawaddy Division has been sentenced to 40 years in prison with hard labor for raping two of his students several times.

The victims' fathers filed complaints against the 29-year-old teacher last September. The Pyapon District Court judge handed down two 20-year sentences, the maximum penalty for the crime.

Yan Naing, who taught history at a basic education school in the village of Shwenyaungbin in Kyaiklat Township, raped a 15-year-old student five times in the teachers' staff room and a 14-year-old student three times in a classroom, according to township police.

He had worked at the school since Oct. 2014.

"The court deemed that such people do not deserve to be teachers and that they harm the education community. So, it handed him the harshest penalty allowed," prosecutor U Kyaw Zeya told The Irrawaddy.

The teacher was detained at Pyapon Prison while facing trial. After the sentencing on Wednesday, he was sent to Pathein Prison, where he will serve his time.

The teacher pleaded not guilty at the trial, saying it was a trumped-up charge filed by other teachers in conjunction with students. However, he was found guilty by district judge Daw Khin Lin.

"The parents of the victims and the community are satisfied with the harsh penalty given by the court," said Daw Khin Moe Aye, a member of Yaung Ni Oo Women's Organization in Kyaiklat Township.

In 2016, Irrawaddy Division saw a total of 101 child rape cases, in which children between the ages two and 16 were molested. There were 26 cases in Pyapon District alone, and the number was the highest among the districts in Irrawaddy Division, according to the divisional police force.

Translated from Burmese by Thet Ko Ko.

The post High School Teacher Sentenced to 40 Years for Rape appeared first on The Irrawaddy.

Abducted Karenni Journalist Regains Consciousness

Posted: 01 Jun 2017 04:59 AM PDT

RANGOON – An ethnic Karenni journalist who was abducted last Friday remains in the hospital and has not yet spoken about what happened to her on that day.

Maw Oo Myar is a full-time reporter at the Kantarawaddy Times in the Karenni State capital of Loikaw and a presenter for the Democratic Voice of Burma's weekly Karenni language TV program. In the early evening of May 26, she was stopped by two men in a car as she drove a motorbike with a colleague on the Demoso –Loikaw road, who reportedly forced her into the vehicle and drove off.

Around one mile down the road, the car was found to have crashed, and both the men and Maw Oo Myar were found unconscious. Her colleagues brought her to the Demoso hospital at 5:30 p.m. on May 26, where she was then transferred to Loikaw general hospital later that evening.

One of the men was identified as U Sein Win, and the name of the other individual has not yet been released. They were detained and are being questioned, the police said. U Sein Win is not a lawmaker but is a member of a Karenni State parliamentary committee and was reportedly acquainted with the victim.

"She is conscious now, but she still cannot speak well, and she seems afraid of seeing the strangers, but there are no external injuries," said Maw Oo Myar's colleague from the Kantarawaddy Times, who spoke to The Irrawaddy on the condition of anonymity.

The news about the incident first appeared when the Kantarawaddy Times announced it on its Facebook on Sunday, informing the public that the reporter was still unconscious at the time.

Police have accepted a complaint filed by Maw Oo Myar's family, of reckless driving and forced abduction, but are "still waiting for the medical report so that the case can be filed before the court," according to the Demoso police.

Byar Reh, the police second lieutenant from Demoso Myoma police station said that although the reporter is now conscious, she cannot yet articulate what happened.

"Therefore, we could not get her statement. Only after she gives her statement can we proceed," Byar Reh told The Irrawaddy.

Kayah Htae, an editor at Kantarawaddy Times, told The Irrawaddy that she found it "despicable" that Maw Myar Oo was put in this situation.

"We want the case to be tackled without any prejudice," she said.

Maw Oo Myar covers a range of news about Karenni State's peace process, parliamentary news, politics, women's issue, land, business and public health. These stories are published twice a month in the Kantarawaddy Times journal.

The post Abducted Karenni Journalist Regains Consciousness appeared first on The Irrawaddy.

Shwedagon Pagoda Suspends Ticket Price Hike

Posted: 01 Jun 2017 04:45 AM PDT

RANGOON — Shwedagon Pagoda's board of trustees has suspended its plan to increase entrance fees for foreigners from 8,000 kyats to 10,000 kyats.

The board planned to increase the fees from the beginning of June, but the Union of Myanmar Travel Association (UMTA) told the Ministry of Religious Affairs and Culture that the new rate would impact package tour operators, as packages had been sold a year in advance.

The ministry told the board that proposals regarding admission fees in cultural heritage zones must be made to the Department of Archaeology, National Museum and Library six months in advance and approval to such proposals must be sought from the ministry.

In a statement on Wednesday, the UMTA urged member companies to prepare calculations for the new prices for their future packages.

From Jan. 1 to April 30 this year, 40,789 foreign tourists—mostly from Thailand, China, Germany, France and Japan—visited the pagoda, one of the most sacred Buddhist sites in Burma, which receives 1,360 visitors and US$182 in donations from foreigners on average per day.

The pagoda is ranked seventh out of 15 attractions on TripAdvisor's Travellers' Choice Landmarks for 2017.

Translated from Burmese by Thet Ko Ko.

 

The post Shwedagon Pagoda Suspends Ticket Price Hike appeared first on The Irrawaddy.

Bangladesh Navy Searches for 81 Fishermen Still Missing After Cyclone Mora

Posted: 01 Jun 2017 03:46 AM PDT

DHAKA, Bangladesh — Bangladesh's navy was searching for 81 fishermen still missing on Thursday after more than 63 were rescued from the Bay of Bengal following a devastating cyclone which killed several people and left thousands homeless.

"Still 81 fishermen are missing out of 144 fishermen. Bangladesh Naval Force have rescued 33 and Indian Naval Force rescued 30," said Mostaque Ahmed, head of the Cox's Bazar Mechanized Fishing Boat Owners Association.

Cyclone Mora, with winds of up to 135 kilometers (85 miles) per hour and heavy rain, hit southeast Bangladesh around Cox's Bazaar and the border with neighbouring Burma on Tuesday, leaving thousands of Muslim Rohingya refugees hunkered down in ruined camps.

The Rohingyas have fled from their homes in northwest Burma to escape communal violence and a Burma Army crackdown.

The Bangladeshi government has estimated that in all, there are about 350,000 Rohingyas in Bangladesh following a new influx last October, when the Burma Army launched an offensive in response to insurgent attacks.

Authorities in Cox's Bazar and neighbouring Chittagong district evacuated 350,000 people from low-lying areas before the storm roared in from the Bay of Bengal on Tuesday.

"Though the fishermen were rescued, most of the boats, the main instrument for our survival are totally damaged and it is not possible to get them replaced quickly as we are not solvent," Ahmed told Reuters by phone from Cox's Bazar.

"Still we are grateful to the government as now the air force with helicopters is searching the remaining missing fishermen."

Cyclone Mora formed after monsoon rains triggered floods and landslides in Sri Lanka, off India's southern tip, killing 202 people in recent days, authorities said.

The post Bangladesh Navy Searches for 81 Fishermen Still Missing After Cyclone Mora appeared first on The Irrawaddy.

Police Arrest ATM Theft Suspect

Posted: 31 May 2017 11:51 PM PDT

MOULMEIN, Mon State — Police have arrested a suspect in the case of several ATM withdrawals with a forged card from Ayeyarwady Bank branches in Moulmein.

"We arrested him around at his home around 7 p.m. on May 30. We seized a forged ATM card and a real ATM card from Ayeyarwady Bank," police captain Maung Maung of the Moulmein Central Police Station confirmed.

After checking CCTV footage, police suspected Kaung Myat Ko Ko, 22, living in Moulmein's Mayangone Township, and subsequently made the arrest. Police handed him over to the Criminal Investigation Department for further investigation.

Kaung Myat Ko Ko is suspected of withdrawing more than 1.5 million kyats (US$1,100) from Ayeyarwady Branch No. 1 on Strand Road as well as some 1.2 million kyats ($900) from Branch No. 2 in Zaykyo Ward between March and May.

The suspect was arrested one week after assistant general manager Daw Yu Yu Aung of Ayeyarwady Bank filed the case of theft and forgery with the township police station.

Police Captain Maung Maung said the suspect, if found guilty, was likely to be charged under the Electronic Transactions Law in addition to laws covering theft and forgery.

The post Police Arrest ATM Theft Suspect appeared first on The Irrawaddy.

The Telecommunications Law, Freedom of Speech and Freedom of the Press

Posted: 31 May 2017 09:11 PM PDT

I have learned that problems should be solved so as not to make them worse. We have noticed a worrying trend that individuals are being detained under Article 66(d) of the Telecommunications Law for insulting state leaders. In addition, we have found that it is frequently third parties, and not the victims themselves, who are filing charges under this law.

The Telecommunications Law is made up of 19 chapters and 89 sections, chapter 18 detailing offenses and penalties. The Telecommunications Law was enacted under the previous Thein Sein government. It has, and is, being used to stifle political dissent and should be brought before Parliament to discuss its repeal or amendment under the new NLD government. While there are other issues with the Telecommunications Law, this discussion is focused on Article 66(d) due to its increasing popularity over the last year.

Chapter I of the Telecommunications Law is inclusive of definitions, among these, 'Telecommunications' is defined as 'The transmission or reception of information in its original or modified form by wire, fiber optic cable or any conducting cable or by means of radio waves, light rays, or other forms of electromagnetic transmissions;' and 'Telecommunications Network' as 'A system that utilizes any telecommunication technology to connect a network of communication facilities, telecommunication equipment, computers, any peripherals used in conjunction with any or more of the above, through a compatible system and equipment by means of any form of wired or wireless communication technology.'

With these two definitions in mind, the Telecommunications Law, section 66(d) states:

66 'Whoever commits any of the following acts, on conviction be punished with imprisonment for a term extending to a maximum of three years, and shall be liable to fine or both:
[…]
(d) Using a telecommunication network to extort, threaten, obstruct, defame, disturb inappropriately influence or intimidate.'

At present, those who use telecommunication tools like email, messaging services and social media in Burma must carefully review the news they share before doing so. If individuals post on social media, it is available to be recorded and used as evidence in a legal case. If individuals want to criticize government or military leaders, it should be done so through proper channels, rather than through insults, dirty language, and personal attacks. Without taking these precautions, individuals are at risk, as Article 66(d) has quickly and unexpectedly become a tool used to stifle those who speak out.

The government should not act against such minor cases such as defamatory social media posts. If the government would like to prevent such statements, it should educate and encourage the population to constructively criticize government policy and actions rather than insult individual members of the government on a personal level.

The provisions of Article 66(d) are already enacted in other criminal legislation. For instance, Article 500 of the Penal Code detailing 'defamation' is one example. The differences lie in the punishment. The Telecommunications Law states '[…] three years or a fine or both'; the Penal Code states '[…] two years or with fine or both.' On conviction, the penalties are more severe under the Telecommunications Law.

Article 66(d) is an unnecessary provision in the Telecommunications Law. Its punishments are severe in relation to the crime, and there are other laws within Burmese domestic legislation that cover the same issues. Article 66(d) of the Telecommunications Law should be removed. It is better for the country's future if we try to solve problems by discussing them patiently while fostering a culture of democracy and requiring reform from all sides.

Arrests should only be made if there is no other choice. There are many disadvantages behind the arrest of an individual. If an individual is arrested, he has lost, and the country has also lost, due to the use of the national budget. After an arrest, it is the responsibility of the state to ensure the basic needs and healthcare of the detained individual. Burma is unable to allocate enough funding to prisons. If sufficient food, medical treatment and general conditions are not adequate, the dignity and health of prisoners will decline. It is possible that prisoner lives will be at risk from the conditions they are subjected to.

One major problem in Burmese prisons is the issue of overcrowding. This is in part due to an imbalance between crimes and punishments. Many prisoners are serving harsh sentences for minor crimes—for example, those incarcerated under Article 66(d) of the Telecommunications Law. One of the main intentions of prison reform policy—addressing prison condition issues, is negatively affected by the inability to allocate sufficient money to prison reform, which perpetuates the cycle of inadequate prison conditions.

One of the major issues is that the Burmese population's knowledge of the law is weak. Burma needs to provide awareness more widely to the people regarding the law. It cannot be assumed that 51 million people have knowledge of the legal system if they only have access to information the government states in the media. While exercising the right to freedom of expression and freedom of the press, everyone needs to take personal responsibility not to insult others.

Bo Kyi is the joint secretary for the Assistance Association for Political Prisoners (AAPP).

The post The Telecommunications Law, Freedom of Speech and Freedom of the Press appeared first on The Irrawaddy.
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