The Irrawaddy Magazine |
- Satirist Released But Detention of Chief Editor Continues in Article 66(d) Case
- Norwegian Firm Wins Contract for Dam Impact Assessment
- Policeman in Bogale Township Charged Under Monogamy Law
- Coal-Powered Cement Plant Starts Production Despite Local Opposition
- A Frontline Dispatch From the Tanai Conflict
- The Failed UN Mission in Myanmar
- Three Magwe-based Journalists Charged Under Article 66(d)
- Tail of Crashed Military Aircraft Found
- UN Rights Expert Urges Myanmar to Protect Detained Rohingya Children
| Satirist Released But Detention of Chief Editor Continues in Article 66(d) Case Posted: 16 Jun 2017 08:22 AM PDT RANGOON – The Voice Daily's satirical columnist Ko Kyaw Zwa Naing has been officially absolved from defamation charges under Myanmar's controversial Article 66(d) of the Telecommunications Law, but the publication's chief editor U Kyaw Min Swe was denied bail by a Bahan Township judge on Friday morning. An army official brought charges against the pair for publishing an article in March that satirized the country's armed struggle and peace process. Both journalists were detained by Yangon's Bahan Township police on June 2, with trial proceedings being initiated the following day. U Kyaw Min Swe and Ko Kyaw Zwa Naing—also known by his pen name British Ko Ko Maung—pledged to meet bail in line with Section 497(1) of the Code of Criminal Procedure, which states that any person arrested without a warrant or summoned to the court can request temporary release with the permission of a judge. The attempt was dismissed by judge Daw Thara Phi Aung, who stated that the two journalists had failed to provide in a timely manner a medical recommendation that would justify the granting of bail. During Friday's court hearing, lawyer U Myo Thein presented evidence of similar cases from other regions in Myanmar in which bail was granted, which he said set a precedent for the release of U Kyaw Min Swe. Moreover, U Kyaw Min Swe's legal team stated that the editor has required prescriptions for stomach ulcers and liver issues while in Yangon's Insein prison. Lawyer and legal adviser U Khin Maung Myint requested a document stating as much from an Insein cell official, but he told the court that the individual reportedly would not cooperate. Lawyer U Myo Thein relayed a contact number for Insein Prison to the judge at the court hearing, recommending that she call and confirm U Kyaw Min Swe's health condition. This Irrawaddy reporter was present at the court and noted that Judge Thara Phi Aung did not appear to make a phone call before declining bail to the defendant. The judge emphasized that Article 66(d) does not require that bail be granted to the accused.  Ko Kyaw Zwa Naing, who was released, spoke to reporters near the entrance of the court after having his handcuffs removed. He stated that police had reportedly requested the opinion of the ministry of transport and communications concerning whether his prosecution was necessary. Because the article was published in print—rather than online—a decision was reportedly made that defamation charges under the Telecommunications Law were unfitting. Yet, as the individual responsible for The Voice Daily as a media outlet, he said it was also determined that the prosecution of U Kyaw Min Swe would proceed. "I was put in jail almost 14 or 15 days before the court decided whether the trial would continue…Although there has not been a conviction by a court in this case, [U Kyaw Min Swe] has had to spend time in jail. I am really sorry for Ko Kyaw Min Swe and I will stand with him," Ko Kyaw Zwa Naing told reporters. Nearly 100 journalists came to Friday's court hearing for U Kyaw Min Swe, wearing white armbands embossed with the phrase "Freedom of Press." The Committee for the Protection of Myanmar Journalists also distributed flyers to the public in downtown Yangon, outlining their position on Article 66(d), and its implications for netizens.  Since the Telecommunication Law was enacted in 2013, nearly 70 defamation cases have been filed under the statute, according to a local research group led by Maung Saung Kha, a poet who was jailed under the same charge in 2016. On Thursday, three Magwe-based journalists were charged with violating Article 66(d) by a village administrator for a social media post which accused a village of building huge brick kilns, raising environmental and legal concerns. The post Satirist Released But Detention of Chief Editor Continues in Article 66(d) Case appeared first on The Irrawaddy. |
| Norwegian Firm Wins Contract for Dam Impact Assessment Posted: 16 Jun 2017 08:10 AM PDT Norwegian engineering consultancy Multiconsult has been appointed by Norway's state-owned SN Power to carry out an environmental and social impact assessment for the Middle Yeywa dam in upper Myanmar. The dam is slated for a section of the Myitnge River, also known as the Namtu River, some 50 miles east of Mandalay. SN Power signed a memorandum of understanding with Myanmar's previous government in 2014 to develop the dam and began a feasibility study the following year. Multiconsult project manager Jens Laugen said in a company statement this week, "Our first job will be to check the quality of past environmental studies and ensure that the project can be executed responsibly and sustainably. It will be important to build on the dialogue that SN Power has had to date with the local people." SN Power is considering various possible development options for a 43-mile stretch of the waterway between two other hydropower projects on the same river system, the statement said. "The impact assessment involves assessing the various options and proposing a solution that safeguards the needs of the environment and local communities," it added. The Middle Yeywa dam would generate an estimate of up to 690 megawatts of electricity, equivalent to 15 percent of the country's installed capacity, according to the statement. The Namtu River is a major tributary of the Irrawaddy River and a number of dams have been proposed or built along its course. The Upper Yeywa dam, slated for the Kyaukme area of northern Shan State, has aroused considerable local opposition amid a backdrop of conflict, displacement and fighting in the project area. Multiconsult's past contracts include impact assessments for the controversial Nam Theun 1, Nam Thuen 2 and Theun Hinboun dams in Laos. The company employs 2,300 staff and announced a 16 percent rise in revenue to US$350 million in its latest annual report. It is aiming to "double in size" by 2020, according to the report. In Myanmar, the firm is also advising the energy ministry in relation to the development of the Tha-Htay and Upper Kengtung hydropower stations, according to its statement. This year SN Power entered into an agreement with AboitizPower of the Philippines to jointly develop potential hydro power plants in Myanmar and Indonesia, according to other reports. The post Norwegian Firm Wins Contract for Dam Impact Assessment appeared first on The Irrawaddy. |
| Policeman in Bogale Township Charged Under Monogamy Law Posted: 16 Jun 2017 05:03 AM PDT PATHEIN, Irrawaddy Division — A police sub-lieutenant in Bogale Township was detained on Tuesday after his second wife filed a complaint under the Monogamy Law. Police sub-lieutenant Nyi Nyi Aung dated a government teacher in the township. The two later eloped, after which she discovered he was already married and had children. Police Capt. Ngwe Soe confirmed the detention at the township police station. The teacher moved in with her parents after discovering her husband was already married. Nyi Nyi Aung continually showed up at her home and school, disturbing her and leading her to file the complaint, according to her neighbors. "As soon as she found out he had a wife and kids, she moved in with her parents. But he would not accept the separation," a neighbor told The Irrawaddy, on the condition of anonymity. An investigation is ongoing. If the sub-lieutenant is found guilty, he will be punished according to the police code of conduct and be brought to court. Designed and endorsed by nationalist monk group formerly known as the Association for Protection of Race and Religion or Ma Ba Tha—now called the Buddha Dhamma Charity Foundation—the legislative package known as the race and religion protection laws, which included the monogamy law, was approved by the Union Parliament on Aug. 31, 2015 under U Thein Sein's administration. The law targeted Muslim men as Ma Ba Tha falsely attributed Muslim polygamy to an increasing Muslim population in the country. In practice, the law has been applied to Buddhist men who are unfaithful to their wives. The law allows a third party to file complaints against extramarital affairs and prescribes an imprisonment of up to seven years and/or a fine. Translated from Burmese by Thet Ko Ko. The post Policeman in Bogale Township Charged Under Monogamy Law appeared first on The Irrawaddy. |
| Coal-Powered Cement Plant Starts Production Despite Local Opposition Posted: 16 Jun 2017 04:57 AM PDT MOULMEIN, Mon State — A 500-ton cement factory has started commercial operations in Kyaikmayaw Township, Mon State, despite opposition from locals over the coal-fired plant that will fuel it. Mon State Chief Minister Dr. Aye Zan confirmed on Thursday the US$400 million project, run by Mawlamyine Cement Limited (MCL)—a joint venture between Thai firm Siam Cement Group (SCG) and Pacific Link Cement Industries—will be fueled by a coal-fired power plant built within the compound. According to officials of Mon State's Myanmar Port Authority, nearly 200,000 tons of coal has been shipped from Moulmein Port to the plant along the Attaran River. Locals fear the plant will pollute the area and have protested about a lack of consultation. Mon State Parliament Deputy Speaker Dr. Aung Naing Oo has called for new environmental and social impact assessments (EIA/SIA) in accordance with the environmental conservation regulations introduced by the government in 2015, but the state Chief Minister U Aye Zan said the EIA/SIA report published in 2014 was still valid. "The government introduced environmental conservation regulations in 2015, which specified more details. But they conducted the EIA/SIA report at that time, so it is valid," U Aye Zan told reporters after the state Parliament session on Thursday. On Feb. 18, about 7,000 locals from seven villages near the factory staged a protest against the coal-fired power plant. In April last year, locals sent a petition with 3,780 signatures to the President's Office, demanding the termination of the coal-fired power plant project. Lawmaker Min Aung Mun of Kyaikmayaw Township (2) asked about the contribution of profits from MCL cement factory to regional development funds during a state Parliament session on June 15. In the contract signed with the previous government, the company agreed to donate 2 percent of its profits one year after it had broken even, said the lawmaker. But Min Htan Aung Han, the state minister for electricity, energy, and industry, replied that the plant started production on April 1 but had not yet profited, meaning contributions toward regional development had not been made. Lawmakers have complained the contract does not specify how long it would take for the company to break even. Mon State Chief Minister Dr. Aye Zan said he would review the contract and coordinate with the Myanmar Investment Commission (MIC) to amend it if necessary. "I think [lawmakers] misinterpret the contract. Perhaps it means 2 percent of annual profits will be contributed," he told the press. According to minister Min Htan Aung Han, MCL spent 62 million kyats in 2014, 1.6 billion kyats in 2015, 323 million kyats in 2016 and 338 million kyats in 2017 on corporate social responsibility works since it started the project in 2014. Raw materials for the cement factory come from Mt. Pyataung in Kyaikmayaw Township. Translated from Burmese by Thet Ko Ko. The post Coal-Powered Cement Plant Starts Production Despite Local Opposition appeared first on The Irrawaddy. |
| A Frontline Dispatch From the Tanai Conflict Posted: 16 Jun 2017 02:18 AM PDT Under the heavy rain, I boarded a boat with a group of fellow reporters and made my way to a patch of Kachin Independence Army (KIA) territory threatened by the Myanmar Army about an hour from Tanai town. Thousands of locals and migrants working the area's gold and amber mines have fled the surrounding villages of Tanai in Kachin State since fighting broke out between the KIA and the Myanmar Army, also known as the Tatmadaw, on June 6. Many of the internally displaced people (IDPs) have sought shelter in Tanai town. But as we stepped off the boat, four KIA mining officers awaited us, looking pleased to have the company. They had not yet received orders to leave, although the other mining workers had left, and so these were our guardians for the trip. One of the men, Myit Aung, an acting officer appointed in January, told us to sit in a small shop for a while before going to the mines, which are based on land controlled by Battalion No. 14 under KIA Brigade No. 2. On June 15, shop owners were packing up and closing their businesses. They would leave from the same modest dock where we had arrived, but a few shops remained open. An ethnic Kachin food vendor coerced her dog onto the boat, but the stubborn pet refused to budge. "Ah, the dog does not want to become an IDP," one of our company reflected. Myit Aung then offered us some beer, with the assurance that it "was a type of medicine to make you feel brave on the way to the front line." We used it to wash down our meals, and climbed into a car, listening to music with the KIA security as we drove to the mines. The rebel land we passed felt safer than the government-controlled areas.  Myit Aung said we would have no problems traveling in the KIA-controlled parts, but later he pointed toward a Tatmadaw base about two miles away. In the amber-rich land of Noi Je Bum Patserm Maw, which has seven mining areas, officer Nan Nan Aung told us they had killed a pig for lunch. At 2 p.m. KIA soldiers brought us plates of meat. Back in the car, we drove another two hours to Chyasam Hka—the last KIA post on the frontline. The area was dense with rebel soldiers, who planned to fight in bunkers drenched by the seasonal rains, though it did not seem to deter them. A KIA colonel pointed toward Inn Kar Kar village, saying it was about 10 minutes away. "You will see the Myanmar Army there," he said. The colonel did not stay at the post for long, as they feared an imminent attack. Both sides had troops monitoring the other side's movements. At 4 p.m. we traveled to Nam Kham village, where we met Dashi Naw Tawng, the head of the village. Nam Kham's 300 or so houses had mostly been abandoned—Dashi Naw Tawng's own family had left for Kachin state capital Myitkyina—but he was adamant not to leave his house. He was "not afraid of fighting." "I know how to get out of here if I have to leave," he added. He gave us dinner at his house, encouraging us to drink as much beer as we wanted, as the drinks would probably have to be abandoned with the rest of his shop. We spent the night back in the mining area, once a bustling community of thousands, where the Myanmar Army used the power of paper instead of arms to force out the residents. They dropped leaflets from helicopters – warning people they would attack and accusing the KIA of destroying the environment with mines. "In my eyes, they tried to block the income of the KIA by stopping the mining," said Myit Aung. Judging by the ghost town, the strategy was a success. "They are not attacking on the basis that the mining is damaging the environment," he added. "We did not have a big mining project here; only mobile mining, that's all. They should stop mining in Hpakant first if they care about the environment."  The post A Frontline Dispatch From the Tanai Conflict appeared first on The Irrawaddy. |
| The Failed UN Mission in Myanmar Posted: 16 Jun 2017 02:10 AM PDT This week we saw two news headlines related to a failed UN mission in Myanmar. The first read that Renata Lok-Dessallien, UN Resident and Humanitarian Coordinator, would be leaving her post prematurely, before the end of the typical five-year term. Internal UN documents prepared for the new UN Secretary-General described the Myanmar office as "glaringly dysfunctional" with "strong tensions" between different parts of the UN system, BBC News reported earlier this week. Reliable news sources reported that Lok-Dessallien had been criticized for not doing enough regarding human rights abuses in Myanmar. In fact, this is not the only issue. It is just tip of the iceberg. The UN in Myanmar is not only dysfunctional. It also faces structural problems and lacks a core strategy or a coherent policy for how to counter the challenges that Myanmar faces. Yangon-based diplomatic sources also say the chain of command between the UN office in Myanmar and the UN headquarters is unclear. If the UN cannot fix these existing issues and reposition itself to engage in Myanmar, there is a huge risk that it will become more and more irrelevant in the country, which needs outside assistance. Watching this saga play out, some have said it is time to 'shake the coconut trees.' The other UN news story was in regards to Daw Aung San Suu Kyi's visit to Sweden and her comments that a UN probe into alleged human rights abuses by Myanmar's military against the Rohingya people last year would inflame ethnic tensions. The State Counselor said she would only accept recommendations from a separate commission led by former UN chief Kofi Annan. There has been international pressure to look into abuses in Rakhine State, but why does the UN not also send a fact-finding mission to the areas of conflict in northern Myanmar? To be effective, it must be sensitive to local issues and take them into account. This is not the first time we have encountered uneasy relations between the UN and Myanmar. The former repressive regimes had many issues with the UN body. In the past, several UN human rights special rapporteurs and special envoys were appointed to visit Myanmar but later denied visas to enter the country. Appointed UN special envoys such as Razali Ismail and Ibrahim Gambari faced heavy criticism and media exposure regarding alleged biases and business involvements as they had tried in vain to negotiate between ruling generals and then opposition party leaders led by Daw Aung San Suu Kyi. They landed in rough waters. Special envoy Razali Ismail, for instance, was dogged by controversy stemming from his 30 percent stake in a Malaysian firm that had a contract with the regime to make electronic passports. He left the job unfinished and Gambari took over. The former Nigerian diplomat replaced Razali as special envoy but he was no more successful than his predecessor. He was ridiculed for taking part in a government-organized rally and activists and opposition members accused him of accepting lavish gifts from generals – an allegation that could not be confirmed but nonetheless, damaged his credibility early on. His role as an "impartial adviser" was called into question by both sides, and Western influence was prevalent at the time. Indeed, the US was more important than the UN, as Washington threw its support behind the opposition, pressuring the regime and calling for the country to open. The UN's lack of success in the past can be seen in the statements they issued at the time, rife with platitudes such as: "It is a source of disappointment that these visits did not yield tangible outcomes." Similarly criticized was UN special envoy Vijay Nambiar who was appointed under Ban Ki-moon. Embedded with former President Thein Sein and his peace team, Vijay Nambiar was seen in conferences but left many wondering what his purpose was. What were his mandates? What was the UN mission? Not surprisingly, Nambiar's final departure did not end well. In December last year, Vijay Nambiar said State Counselor Daw Aung San Suu Kyi should listen to her "inner voice" and ask the people of Myanmar "to rise above their ethnic, religious and other differences and to advance human dignity, harmony and mutual cooperation between all communities." This followed well-organized militant attacks on security forces on Oct. 9, 2016. Nambiar appealed to Daw Aung San Suu Kyi to visit Maungdaw and Buthidaung, where the majority of the Rohingya Muslim population lives. The Myanmar President's Office spokesperson fired back, saying his statement ignored what had happened on the ground – the killing of nine policemen and looted ammunition. The spokesman said that urging a country's leader to do something was an act of interference. Nambiar left, but diplomatic sources believed that the appointment of Nambiar and his contribution in Myanmar were nearly catastrophic (to put it mildly). Asking Daw Aung San Suu Kyi to visit the strife-torn area was insensitive and Nambiar showed how out of touch he was despite five years spent going in and out of the country. Myanmar's troubled relations with the UN are ironic considering that the country produced a top UN diplomat in the 1960-70s, when U Thant was the first non-European to serve as UN Secretary-General. He played a part in helping to resolve several international issues including the Cuban missile crisis and the war in the Congo. Myanmar is going through a critical and fragile political transition. But capable and knowledgeable people with institutional memory are not being appointed to the country. Myanmar faces not only challenging political issues and crises but also humanitarian crises where the UN has failed. Today, many Myanmar people view the UN as irrelevant and hardly capable of addressing the country's existing issues. As the US under President Trump loses its focus on Asia and Myanmar (one of Obama's foreign policy success stories), it is time for the UN to do some soul searching and look to Myanmar with a fresh perspective and new energy, if the political will is there. There is no question that Myanmar has both potential and challenges, and it is time for the UN to engage with a more comprehensive Myanmar policy. There are many areas the UN can help with including raising economic, social, cultural and human rights standards, as well as increasing access to health, education and political rights. Furthermore, the UN can engage in issues such as climate change, peace building and sustainable development. Myanmar could be a UN success story if the organization appointed an effective coordinator – with extensive knowledge of the country; experience dealing with a powerful army, ethnic leaders, government officials and Daw Aung San Suu Kyi; and an understanding of the nuanced and complex situation on the ground. It is time to shake up the coconut trees. The post The Failed UN Mission in Myanmar appeared first on The Irrawaddy. |
| Three Magwe-based Journalists Charged Under Article 66(d) Posted: 16 Jun 2017 02:00 AM PDT YANGON — Three reporters based in Magwe Township were charged by a village-tract administrator under Article 66(d) of Myanmar's Telecommunications Act. U Htay Lwin, administrator of Mel Hla Taung village-tract filed a complaint with Magwe Township No. 2 Police Station against U Tin Shwe, editor-in-charge of local media outlet MGY News and Yatha Sone Journal, and reporters Ma Pu Pwint Nay Chi and Ma Zar Za San of the same outlet. Police Sub-Lt Zaw Min Oo confirmed the complaint: "We have contacted [the journalists] to make an investigation," he said. U Tin Shwe said he wrote a post about brick kilns in a village in Mel Hla Taung village-tract on his Facebook page on May 28, questioning their legality as the Magwe divisional government restricts brick kilns due to environmental concerns. U Htay Lwin, administrator of Mel Hla Taung village-tract, accused U Tin Shwe of publishing misinformation as he mentioned the wrong village in his Facebook post, according to the police. He said U Tin Shwe wrongly named the village where brick kilns were found as Myin Kin village, when it in fact was Thinbaw Seik village, damaging the reputation of Myin Kin village. "I heard that I have been charged, but police have not yet informed me. Ma Zar Zar San was charged because she wrote a comment under my post. But, I don't know why Ma Pu Pwint Nay Chi was charged," U Tin Shwe told The Irrawaddy. Ma Zar Zar San commented under U Tin Shwe's post that the violation of the ban on brick kilns was "unacceptable." Since the enactment of the Telecommunications Act in 2013, there have been around 70 cases filed under Article 66(d)—seven under the previous government and more than 60 under the new government—according to a local research group led by former prisoner Maung Saung Kha, a poet who jailed under the same charge in 2016. The post Three Magwe-based Journalists Charged Under Article 66(d) appeared first on The Irrawaddy. |
| Tail of Crashed Military Aircraft Found Posted: 15 Jun 2017 11:58 PM PDT YANGON— After more than a week of search operations, part of the tail of a crashed Y-8 military aircraft was found in the sea on Thursday morning. According to a Facebook statement issued by the Burma Army, plane debris was stuck in the net of a local fishing trawler that had joined the search along with other local fishers and Navy vessels. It was found seven and a half miles away from Dawei's Myinkhwa Bay. Military ships used sonar to confirm that there was debris underwater, some of it 35 meters below. It turned out to be a piece of the tail from the Y-8-200F transport plane that went missing after it crashed into the Andaman Sea last week, with Flight No. 5820 emblazoned on it. Only a plane wheel had been recovered prior, while the fuselage still remains missing. The Y-8 plane was carrying 122 soldiers, family members and crew on a weekly flight from Tanintharyi Division's Myeik to commercial capital Yangon. A total of 90 bodies have been recovered, so far. Burma Army Chief Snr-Gen Min Aung Hlaing told reporters at a ceremony to accept donations for victims of the tragedy on Sunday at Naypyidaw Command that it is the most serious accident that the military has faced. "I feel deeply sorry about this incident. [Such an accident] never happened in the history of the military. It is a serious loss. I never expected it, never dreamed this could happen. It makes me very sad," he said. The cause of the crashed plane is still unknown, although the military is cooperating in an investigation with the Chinese manufacturer of the plane. The search for victims and debris continues. The post Tail of Crashed Military Aircraft Found appeared first on The Irrawaddy. |
| UN Rights Expert Urges Myanmar to Protect Detained Rohingya Children Posted: 15 Jun 2017 09:19 PM PDT Myanmar should guarantee the rights and medical care of children from the Rohingya Muslim minority detained in an army crackdown launched in October, a UN human rights investigator said on Thursday. Children as young as 10 were among hundreds of men detained on charges of consorting with Rohingya insurgents, Reuters revealed in March, citing a previously unreleased police document. Thirteen juveniles were among more than 400 arrested since Oct. 9, when insurgents attacked police posts in northwestern Rakhine State, near the border with Bangladesh, according to the police document, dated March 7. The insurgent attacks led to the biggest crisis of leader Daw Aung San Suu Kyi's first year in power, prompting some 75,000 Rohingya to flee the subsequent army crackdown to Bangladesh. Speaking at the UN Human Rights Council in Geneva, Yanghee Lee, the organization's special rapporteur on human rights in Myanmar, said children should not be "arbitrarily deprived of their liberty" and the government should guarantee their right to timely proceedings. "I remind the government that children should be detained strictly as a last resort, for the shortest appropriate period of time, and must be treated with humanity and respect in a manner which takes into account their age," said Lee. She also urged the government to investigate the death of a child who, according to the government, died because of ill health in February. The government did not report the death until last week, she said. In April, a deputy executive director of the UN children's fund (UNICEF), Justin Forsyth, sought the release of the children while on a visit to Myanmar. The United Nations, in report based on interviews with Rohingya refugees in Bangladesh, said Myanmar's security forces had committed mass killings and gang rapes against Rohingya during their campaign, which could amount to crimes against humanity. The military has denied the accusations, saying it was engaged in a legitimate counterinsurgency operation. Myanmar's ambassador in Geneva, U Htin Lynn, did not directly address the issue of the detained children, limiting his remarks to say that the Convention of the Rights of the Child applied "equally to all children in Myanmar." Lee also called on Myanmar to "fully cooperate" with a recently established UN fact-finding mission to investigate the alleged human rights violations by the military. Suu Kyi has opposed the mission, saying this week it would create "greater hostility between the different communities." On Thursday, ambassador U Htin Lynn echoed her comments: "It will not help solve the problems Myanmar is facing in Rakhine State … We are ready to work with the international community on any advice or arrangements should they constitute part of the solution, not part of the problem." The post UN Rights Expert Urges Myanmar to Protect Detained Rohingya Children appeared first on The Irrawaddy. |
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