Thursday, June 29, 2017

The Irrawaddy Magazine

The Irrawaddy Magazine

Journalists: NLD Spokesman’s Comments on Detained Reporters Highlight Legal ‘Double Standard’

Posted: 29 Jun 2017 07:32 AM PDT

YANGON — Legal experts and members of the press have denounced comments made by a senior member of ruling National League for Democracy (NLD) party regarding the arrest of three journalists under the colonial-era Unlawful Association Act.

The Myanmar Army arrested seven people, including three journalists, on the road between Namhsan and Lashio townships in northern Shan State on Monday after they had reported in areas controlled by ethnic armed group the Ta'ang National Liberation Army (TNLA). The reporters included The Irrawaddy's Lawi Weng, also known as U Thein Zaw, and U Aye Nai and Ko Pyae Bone Naing (also known as Pyae Phone Aung) from Democratic Voice of Burma.

After more than 48 hours of no information regarding whereabouts of the three journalists, Tatmadaw Adjutant Thet Naing Oo from Light Infantry Battalion No. 503 filed a lawsuit against them under Article 17(1) of the Unlawful Associations Act on Wednesday and local police remanded the trio to Hsipaw Prison.

NLD senior member U Win Htein spoke to the media on Wednesday and said that the three journalists had visited the area illegally.

"[Ethnic armed groups] should inform the Peace Commission that they would like to invite reporters and that permission be granted. It will be legal if the Peace Commission allows it," U Win Htein commented.

He added that those involved in the peace process that meet with ethnic armed groups do not violate any laws, but those who are not related to peace process and do so violate Article 17(1) of the Unlawful Associations Act.

U Kyee Myint, a senior lawyer, told The Irrawaddy on Thursday that the comments were made recklessly, and that U Win Htein should think thoroughly before talking to the media as he holds a senior position in the ruling party.

For political purposes, many members of government and military institutions, including army chief Snr-Gen Min Aung Hlaing, have met with ethnic armed groups that have not signed the nationwide ceasefire agreement, U Kyee Myint pointed out. Because of this, meetings between other institutions, including members of the press, and the armed groups should not be considered illegal if they take place for professional purposes.

"Practicing such a double standard is not acceptable," U Kyee Myint said.

The Legal Aid Network, a Kachin community-based organization, issued a statement on Thursday describing U Win Htein's comments as "totally false."

The statement also pointed out that during peace dialogue conducted around 1963, the then ruling military regime, led by Gen Ne Win, suspended the Unlawful Associations Act to meet with the leaders of rebel groups, and that the NLD government has not done this thus far.

U Myint Kyaw, a member of Myanmar Press Council, said that U Win Htein made such a comment only after this incident had occurred, adding that there was no prior information about a mandate given to the Peace Commission regarding permission for press coverage in ethnic armed group-controlled areas.

"Media should be at least informed in advance if the government will take action against such an incident," U Myint Kyaw told The Irrawaddy.

U Ye Naing Moe, founder of the Yangon Journalism School, said journalists would not be able to carry out investigative reporting if they had to seek permission from certain organizations in order to meet with news sources.

"This is a fundamental right of journalists given by the society," U Ye Naing Moe said. "I am extremely surprised, and pity [U Win Htein] for not understanding this fundamental right as a spokesperson [of the ruling party]," he added.

The Legal Aid Network stated that the three journalists did not violate the law, as they were conducting their duties: attempting to get information about TNLA's drug eradication event to the public, noting that the reporters did not assist in the operations of the armed organization.

If meetings by any ordinary citizen with an "unlawful" association—unilaterally declared as such by the ruling administration—are criminalized, then the standard should apply to any government official or others sent by the government, the organization said.

"Equality before the law is one of the major undisputed principles of the rule of law," read the Legal Aid Network's statement. "There is no exception for the government officials. It applies to every person, including those assigned by the government."

U Win Htein also faced severe criticism from media stakeholders for saying that the arrest of the three journalists would not impact press freedom.

The Myanmar Press Council's U Myint Kyaw said the comment was made "irresponsibly."

U Ye Naing Moe, of the Yangon Journalism School, said that the arrest "undoubtedly threatened" press freedom and the rights of those who work in the media industry, including news editors and reporters. He also emphasized the criminalization of journalists through Article 17(1) of the Unlawful Associations Act as a "disturbing" and "dangerous" trend.

Conflict is ongoing in Myanmar and journalists and editors will continue reporting on it, as it is very impactful news for the public, U Ye Naing Moe said.

"If communicating with ethnic armed groups is considered illegal, how are media supposed to report on civil war?" he asked.

He also added that the government, particularly the Ministry of Information, should mediate between respective parties in the case.

U Shwe Mann, chair of the Union Parliament's Legal Affairs and Special Cases Assessment Commission, told The Irrawaddy on Thursday in Naypyidaw that he would do an assessment on the arrest of the three journalists if media organizations submitted the case to his commission. The commission also has plans to review Article 17(1) of the Unlawful Associations Act, he said.

The Irrawaddy's Pe Thet Htet Khin contributed to this report from Naypyidaw.

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‘Just Doing Their Jobs:’ Families Decry Case Against Reporters

Posted: 29 Jun 2017 06:41 AM PDT

Family and colleagues of three Myanmar journalists who face up to three years in prison on charges of contacting ethnic rebels appealed for their release on Thursday.

The men have been accused of breaching the colonial-era Unlawful Associations Act after covering an event on Monday where the rebel Ta'ang National Liberation Army (TNLA) burned piles of narcotics to mark the International Day Against Drug Abuse.

"We don't really think our journalists have working relations with the TNLA group, which [the government] calls terrorists," said Than Win Htut, planning editor at the Democratic Voice of Burma (DVB), the employer of two of the journalists. "They are just doing a journalist's job."

Broadcaster DVB's Aye Nai and Pyae Phone Naing, and Lawi Weng of The Irrawaddy magazine, were remanded along with three others in Hsipaw prison, in northern Shan State, on Wednesday.

They will be brought before a court on July 11, said Thein Zaw, head of the police station handling the case in the town of Hsipaw.

But Phil Robertson, deputy director for New York-based Human Rights Watch's Asia division, said Daw Aung Suu Kyi should use her majority in Parliament to rein in the military.

"It's hard to tell what Daw Aung San Suu Kyi thinks, but if she believes she can convince the army to somehow reform or moderate their behavior, this is more evidence to show that she's profoundly mistaken," he said.

The case has sparked outrage among the boisterous media that emerged in the commercial hub Yangon after the government lifted pre-publication censorship in 2012.

Journalists will gather signatures on Friday calling for the release of the three men—and of an editor charged in a separate case with defamation over a satirical article mocking the army.

Both DVB and The Irrawaddy were set up in exile in Thailand, receiving funding from Western governments and NGOs, and have opened bureaus in Yangon since 2012.

Aye Nai, 53, and Lawi Weng, 38, returned to Myanmar to cover the conflicts between the army and ethnic rebels.

Lawi Weng, a member of southern Myanmar's Mon ethnic minority, is a practicing Buddhist who meditates each morning and night. He had planned to marry this year.

Loa Htaw, his fiancée, said Lawi Weng knew the risks his repeated trips to conflict areas entailed.

"Both he and I [were] aware that he might face prison if he keeps writing about our ethnic armed groups and criticizes the military and government," she wrote in a message to Reuters.

However, "he needs to report for the voiceless and the powerless," Loa Htaw said.

Part of the new generation of Myanmar journalists to emerge since the reforms, 24-year-old Pyae Phone Naing worked for several media organizations before joining DVB about four months ago, his father, Kyaw Soe Oo, told Reuters.

On Monday evening, Pyae Phone Naing called his mother. He informed her that he was in a military camp, but not to worry, his father said.

The parents did not realize the gravity of the situation until later, when relatives started calling having seen news reports of their son's detention.

"It gives me pain in my heart. I always worry about him, even when he comes home late on usual days," Kyaw Soe Oo told Reuters. "I want my son to be released."

The post 'Just Doing Their Jobs:' Families Decry Case Against Reporters appeared first on The Irrawaddy.

Daw Aung San Suu Kyi’s Lackluster Visit to Canada

Posted: 29 Jun 2017 04:23 AM PDT

Daw Aung San Suu Kyi, Myanmar's State Counselor and de facto leader of the government, made a five-day visit to Canada earlier this month—long overdue after already visiting the United Kingdom, the United States, and Australia.

The question is: What has been achieved, other than a photo-op with Prime Minister Justin Trudeau? Some might say that the announcement of US$8.8 million of aid will boost humanitarian assistance and peace building efforts in Myanmar. This financial assistance, however, doesn’t appear to be anything new, and may actually be part of a $44 million aid package announced when the previous Foreign Minister Stephane Dion met Daw Aung San Suu Kyi in Myanmar in early April 2016.

Others might add that she brought with her a team (independent from her entourage) to learn from "Canadian Federalism." Is there any point, however, of drawing comparisons between the two countries when it comes to federalism? The Canadian Confederation is straightforward, whereas Myanmar's federalism is complicated by a number of ethnic armed organizations at war with the central government—there is nothing to be adopted from Canada.

Interestingly, major Canadian media had no clue about her visit. Canadian media requests—including from Canada Broadcasting Company, CTV, the Globe and Mail and the Toronto—for interviews and official requests for public meetings went unanswered. Global Affairs Canada and the Myanmar Embassy threw the ball into each other's court when inquiries were made. The Canadian public barely noticed her visit and if they did, they talked about the lack of media coverage in Canada.

Why did such a high-profile figure visit in such a low-profile way? And why only in Canada? The State Counselor held a press conference with the Swedish Prime Minister when she visited Sweden directly after her Canada visit.

She also wasn't able to meet with key Myanmar supporters, including former politicians and ministers who played important roles in Myanmar affairs, as well as representatives of Canadian civil society organizations that pioneered campaigns for her freedom. Daw Aung San Suu Kyi once said: "I look forward very much to the day that conditions in Myanmar will allow me to be free to visit Canada myself and thank the Canadian people in person." She apparently failed to realize her stated goal.

She was, however, able to meet with members of the Myanmar community in Toronto and Ottawa. The Myanmar Embassy planned a community meeting in Toronto with only 250 people, when there are thousands of Bamar, Karen, Chin, and Kachin living in the city.

Originally, there was no community meeting planned for Ottawa. It was only when she was challenged in person that she immediately instructed her staff to arrange a meeting. She admitted in the Ottawa meeting attended by more than 100 community members that she wasn’t aware how many people from Myanmar lived in Ottawa, and also apologized for not being able to meet with Canadian supporters.

It is quite clear that she wasn’t fully aware of or well informed on the conditions of the country she visited. The State Counselor received a special invitation from the previous Conservative government to visit. However, she revealed in the community meeting in Ottawa that she was visiting Canada under the arrangements and invitation of the Forum of Federations, a group I have not come across in the last 25 years of campaigning for Myanmar in Canada. It appears the Canadian government hastily tried to arrange some appropriate meetings with her including a photo-op with Prime Minister Trudeau and a brief meeting with Foreign Minister Chrystia Freeland.

The failure on the part of Canada is that Daw Aung San Suu Kyi wasn't invited to address the joint-chambers of the Parliament, although she is a recipient of Honorary Canadian Citizenship and an inspirational leader of the democracy movement. All major western democracies that supported Myanmar invited her to address their Chambers of Parliament—Britain even opened its historic Westminster Hall so she could address both houses of Parliament, a rare occasion for a non-head of state. The Swedish Parliament also welcomed her immediately after she left Canada.

It was only the respective speakers of the two houses that met Daw Aung San Suu Kyi. When an inquiry was made, a key adviser on international relations to the Canadian Parliament responded it was the job of the government of Canada, in this case the Prime Minister's Office, to take the initiative.

Obviously, the Liberal government's welcoming gesture has been less than enthusiastic—in some cases it even appeared casual. The previous Conservative government went to an enormous effort to bring her to Canada but to no avail. In fact, the previous government was more proactive and receptive to calls and approaches from the Myanmar activist community when it was in power.

Currently, the pressing issue among Myanmar communities across Canada is a deportation order issued to Ye Yint  (also known as Than Soe), who braved his life to draw the world's attention to Daw Aung San Suu Kyi's arrest in the late 1980s by redirecting a Myanmar airplane to Thailand. He served a jail sentence for his action, and was hailed a hero. When released, he decided to pursue education in the US. However, the political weather changed after World Trade Center attacks of Sept. 11, 2001 and he sought political asylum in Canada in 2006. It was, however, denied due to his previous conviction.

In light of Daw Aung San Suu Kyi's visit, the Canadian Border Services Agency (CBSA) assumed it was safe to send the asylum seeker Ye Yint back to Myanmar and a deportation order was issued on June 19—coincidentally Daw Aung San Suu Kyi's birthday.

It would have been interesting to see if Canada's immigration minister could have used his "ministerial power" to overrule CBSA's deportation order—the previous immigration minister Jason Kenny used this power to save two people from Myanmar from the same fate. The community are currently circulating a petition asking the Liberal government to intervene.

This, of course, makes the timing unfortunate—there is no happy ending to her visit. The smiling photos are taken in a moment, and only exist for a moment. There will be everlasting damage if we take the missed opportunities of her visit lightly, with Ye Yint's case just the latest episode.

Tin Maung Htoo is on the board of directors of the Canadian Friends of Burma and served as executive director from 2005-2013.

The post Daw Aung San Suu Kyi's Lackluster Visit to Canada appeared first on The Irrawaddy.

Culture Ministry to Nominate Bagan, Mrauk U, Shwedagon for UNESCO Recognition

Posted: 29 Jun 2017 04:18 AM PDT

NAYPYITAW — The Union minister of religious affairs and culture U Aung Ko said his ministry plans to nominate Arakan State's Mrauk U and Shwedagon Pagoda for UNESCO's list of culturally significant sites after Bagan.

Since 2016, countries have been limited to one UNESCO nomination per year so the ministry chose Bagan first, said the minister.

The draft report and draft management plan needed for Bagan's nomination will be submitted in September and UNESCO officials will visit the site in 2018.

Bagan's nomination will then be brought up for deliberation at UNESCO's 2019 World Heritage Site convention, according to the minister.

"We have invited international experts. We plan to nominate Rakhine State's Mrauk U in 2018 and Shwedagon Pagoda in 2019. We'll later nominate Khakaborazi [in Kachin State], Inle Lake [in Shan State], Indawgyi Lake [in Kachin State], Inwa [Ava], Mandalay and Sagaing," the minister told reporters in Naypyitaw on Wednesday.

The ministry will no longer allow climbing on all of Bagan's pagodas and is currently building platforms from which visitors will be able to watch sunrise and sunset.

Myanmar's initial application for UNESCO recognition of Bagan came in 1996, but it was rejected due to poor management plans and legal frameworks.

After UNESCO inscribed the ancient Pyu cities as the first Burmese World Heritage Site in June 2014, the culture ministry decided to continue campaigning for the addition of Bagan.

UNESCO has accepted Bagan as a mixed cultural heritage zone following negotiations with the culture ministry and Mandalay divisional government which means that there is no need to relocate villages, hotels or guesthouses, said the minister.

The minister said the government would design plans for towns, industrial zones and hotel zones outside of Bagan in order to accommodate the increasing population.

U Oo Hla Saw, a Lower House lawmaker representing Mrauk U Township, said he welcomed the nomination of Mrauk U, but that there were no clear guidelines at this time for how to handle the government offices and residential wards located within the designated Mrauk U archaeological zone.

"While Rakhine people are happy about the nomination, they are also concerned that the whole town will be relocated," he told The Irrawaddy.

In February, UNESCO officials and the culture ministry discussed technical matters related to the management of Shwedagon Pagoda for its future nomination.

The post Culture Ministry to Nominate Bagan, Mrauk U, Shwedagon for UNESCO Recognition appeared first on The Irrawaddy.

Namhsan Locals Flee Myanmar Army Arrests

Posted: 29 Jun 2017 03:33 AM PDT

YANGON — Some 200 people from Manlan village in northern Shan State's Namhsan Township have fled to Lashio Township amid claims the Myanmar Army are interrogating and arresting locals for alleged connections with the Ta'ang National Liberation Army (TNLA).

A local man died during questioning by the Myanmar Army, according to one resident who asked for anonymity, adding that at least seven people had been arrested.

Fierce clashes between the Myanmar Army and the TNLA in Namhsan have taken place over the past week. Many Manlan residents have sought shelter in Buddhist monasteries and their relatives' houses in Lashio.

Two locals in Peinhwe village, Kutkai Township, were killed by artillery fire on June 26 – for which the two sides have blamed each other.

The office of the Myanmar Army chief released a statement on June 27 saying it suffered casualties in five clashes from June 23-26, although it did not give a number. Four bodies reportedly from the TNLA and ammunition were recovered, it added.

The Myanmar Army took control of a TNLA training base about 2,000 kilometers northeast of Manlan on June 21, seizing medicine, TNLA uniforms, and homemade bombs, according to its statement.

The TNLA has claimed that the base was a school specializing in basic health and the empowerment of women. The ethnic armed group confirmed frequent clashes recently between the two forces, citing two battles on June 27 alone.

Three journalists including The Irrawaddy's Lawi Weng, also known as U Thein Zaw, were arrested on the road between Namhsan and Lashio townships by the Myanmar Army on June 26 after covering a drug-burning event organized by the TNLA.

They were charged under Article 17(1) of the Unlawful Associations Act on Wednesday and were remanded to Hsipaw Prison.

Translated from Burmese by Thet Ko Ko.

The post Namhsan Locals Flee Myanmar Army Arrests appeared first on The Irrawaddy.

Four Letpadaung Protesters Charged Under Peaceful Assembly Law

Posted: 29 Jun 2017 01:11 AM PDT

YANGON — Police have opened a case under Article 19 of the Peaceful Assembly and Procession Law against four local farmers who staged a protest against the China-backed Letpadaung Copper Mine on the Pathein-Monywa Road, confirmed the Salingyi Township police station.

Dozens of local farmers protested on Monday in front of China's Wanbao Co, stating that the company's mine was causing air pollution and environmental degradation. Then, police intervened.

"We've opened a case against four villagers under Article 19. We did not inform them that we've filed a complaint. We will just bring the case to court in line with the law," police officer Htay Win of the Salingyi Township police station told The Irrawaddy.

Police have charged locals Daw Yi Win, U Khin Nyein, Daw Sandar and Daw Mar Cho.

"We read in the newspapers that we had been charged. Police never informed us," Daw Yi Win told The Irrawaddy.

Demonstrators said Wanbao Co had failed to implement the recommendations made in a report by an investigation commission led by then-lawmaker Daw Aung San Suu Kyi in 2013.

Among the recommendations made by the commission were increasing land compensation, creating job opportunities for small- and medium-scale businesses in the region, and implementing environmental and social management systems for the mine.

Protesters claimed the Chinese company also failed to carry out a recommendation to reclaim 1,900 acres of land to replace their confiscated farmlands. As a result, they lost their livelihoods and face hardship. Protesters explained that this was the reason behind the demonstration.

"If actions are to be taken against local farmers for breaching the law, justice should also be served for Daw Khin Win, who was fatally shot by police," said Daw San Nwe.

Daw Khin Win, 56, was killed in a clash between police and locals demonstrating against the mine in Dec. 2014.

If we are to be charged under the Peaceful Assembly and Procession Law, I would ask where is the justice for monks who were injured in a police crackdown during previous demonstrations or for the killing of Daw Khin Win, said Daw San Nwe.

"We deliberately did not seek permission for the protest in order to highlight the company's own breach of the investigation report," she added.

Wanbao Co has operated the controversial mine in partnership with the military-owned Union of Myanmar Economic Holdings Company (UMEHL) since 2010.

Translated from Burmese by Thet Ko Ko.

The post Four Letpadaung Protesters Charged Under Peaceful Assembly Law appeared first on The Irrawaddy.

UWSA Politician: Wa to ‘Continue Asking for Autonomous State’

Posted: 28 Jun 2017 07:31 PM PDT

For the first time since the United Wa State Army (UWSA) began its anti-drug campaign in 1996, journalists were invited to witness the ethnic armed group destroying seized drugs on June 26.

The event took place in UWSA's Military Region 171 in the southern area of the Wa Self-Administered Division bordering Thailand to mark the UN's International Day Against Drug Abuse.

On the day, UWSA commander Yang Guozhong said opium poppy fields have now been completely eradicated from the southern part of the Wa Self-Administered Division after almost 30 years of UWSA's efforts to distance itself from the reputation of being a drug producer.

Nyi Kep, deputy head of UWSA Military Region 171's political department, recently talked with Irrawaddy reporter Nan Lwin Hnin Pwint about UWSA's demand for autonomy and efforts for the eradication of drugs and arms smuggling in the area.

The UWSA is trying to negotiate with the government to achieve the standing of an autonomous state instead of a self-administered division. What compromises does the UWSA have to make to achieve this?

We are not prepared to make compromises. But we want an autonomous state. We need it. We'll continue asking for it. We can do nothing if [the government] doesn't give it, but we are not prepared to give and take.

We don't have such an attitude that we would fight if we were not given an autonomous state. Whether we ask for an autonomous state or not, it will be fulfilled one day if there is peace and development. But we wish the government treated ethnicities with magnanimity. We don't want it to shoot this or that ethnicity.

The UWSA has presented detailed policies about the type of state it wants to get. How confident is the UWSA of entering political dialogue with the government?

We have trust in the government. That's why we have lived [with the government] here for ages. We have trust in them.

Unlike other areas controlled by ethnic armed groups, Military Region 171 is near military outposts of the Tatmadaw. How are the relations between the two sides?

There are many difficulties because of the proximity. But we can do nothing, at least for the time being. When this area was controlled by [drug warlord] Khun Sa, we assisted [the military] in attacking him. As we defeated Khun Sa, the government gave us this place. And now government troops are stationed here, with our troops stationed alongside. We can do nothing. We Wa attacked Khun Sa and [Shan ethnic and political leader] Yawd Serk when they were powerful.

Much of the international community, including Thailand, which borders the Wa Self-Administered Division, claim drugs are smuggled into Thailand from the UWSA. What do you say to this?

We are dedicated to fighting against drugs in our special region. We go to villages and inspect every house to fight drugs. But whenever drugs are seized, Thailand keeps saying those drugs come from Wa State. They are giving us a bad name. They lay the blame at our door and only care for their interests. The Thai government always asks us to back off our outposts at the Thai border, but it is not our government. We will never back off the posts, which were given to us by our government.

The Thai government also links arms smuggling in its territory to the UWSA.

Yes, we know there are such allegations. But we are not the only ethnic armed group in the region. There is the Lahu [group] as well as other ethnic armed groups. I just don't want to name their names. We know which groups are involved. Yes, Thai authorities have reported seizures of smuggled arms, and we know who they are. But it is not us. We don't smuggle arms to Thailand and we don't receive arms smuggled from Thailand.

We also arrest those who are responsible, and could arrest some armed men involved in arms deals.

Does the UWSA plan to establish ties with Thai authorities?

No. Previously, we did have a plan, but the Thai authorities drove us away. They didn't let us stay. They are scheming and just take advantage of our name.

Translated from Burmese by Thet Ko Ko

The post UWSA Politician: Wa to 'Continue Asking for Autonomous State' appeared first on The Irrawaddy.

Traditional Treats of a Karenni State Market

Posted: 28 Jun 2017 07:00 PM PDT

DEMOSO TOWNSHIP, Karenni State — Karenni pork sausage and khawn—local rice wine—are among the popular foods to enjoy on market day in Demoso Township.

About a 30-minute drive south of Loikaw, the capital of Karenni State, the Demoso Myoma market runs on Monday, Wednesday and Saturday mornings, with shops opening from 4:30 a.m. to noon.

Shoppers can feast on noodles, smoked meat, frog and fish, pork sausage, and a variety of vegetables for breakfast. Dozens of women vendors—young and old—sit next to their bottles of yellow, homemade khawn. The drink is made in clay jars, but the jars are rarely seen in town or even at the local markets.

"The earthen jars often break while we carry khawn to the market, so we move it to bottles, which makes it easier for us," said Daw Sha Myar, a khawn vendor from Dawt Tama Nge village of Demoso.

A Kayan woman selling woven scarves and honey bottles stood out among the crowd for her traditional dress, which included brass neck rings—a gradually fading fashion in the state.

In Loikaw and other nearby places, the locals rely on trade at the weekly market despite having daily street markets in the downtown areas.

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