Saturday, July 15, 2017

The Irrawaddy Magazine

The Irrawaddy Magazine

Landmine Explosions Kills Teenager, Two Men in Rakhine

Posted: 15 Jul 2017 09:05 AM PDT

YANGON – A teenager and two men were killed in a landmine explosion in Pyaung Pike village of northern Maungdaw, Rakhine State, on Saturday morning.

Four Muslims–the teenager, two men and a boy—were farming a paddy field between Ngasar Kyu and Pyaung Pike villages when the mine exploded, according to a statement from the State Counselor's communication team.

The group are thought to be Rohingya, a stateless minority in the region, although the government does not use the term, referring to them instead as "Bengali," implying they are migrants from Bangladesh.

Sweyut Dula, 14, was killed on the spot, while Pheran, 60 and Usman, 17, died after police brought them to Maungdaw general hospital at around 1 p.m., according to a police official. A fourth victim—12-year-old Kiman Husaung—was also taken to the hospital with non-life threatening injuries.

The statement said the farmers were returning to a hill for lunch at 11 a.m. when they stepped on the mine, adding that security forces cleared the mine blast area afterwards. It is unclear who planted the mine.

Earlier this week, the government gave access to 15 local and international media outlets to visit the conflict-torn Maungdaw for the first time since a military crackdown in the region in October, triggered by a group of insurgents attacking border posts.

The reporters planned to visit villages in northern Rakhine where state security forces have been accused of raping and killing Rohingya Muslims among other claims of human rights abuses during the crackdown.

The press pack, however, returned from Maungdaw to Rakhine State capital Sittwe on the advice of government officials after the mine exploded.

Security forces killed two militants and arrested another in northern Buthidaung Township's Tin May village last week, according to state media. Security forces are on high alert after a recent spate of machete killings in Rakhine's northern villages.

The post Landmine Explosions Kills Teenager, Two Men in Rakhine appeared first on The Irrawaddy.

Govt Warns Legal Action Against Ma Ba Tha For Ignoring Orders

Posted: 15 Jul 2017 12:52 AM PDT

YANGON — The government will take legal action against the Association for the Protection of Race and Religion, known by its Myanmar acronym Ma Ba Tha, if it does not remove its signboards across the country by Saturday, according to state media.

The State Buddhist Sangha authority—also known by its Myanmar acronym Ma Ha Na—banned Ma Ba Tha, a hardline nationalist group, from operating under its current name on May 23 and ordered it to take down its signboards by July 15.

In an announcement published on Saturday in state-run newspapers, the government said the group's members from Mandalay and Hpa-an of Karen State have been failing to follow the orders despite Ma Ba Tha leading monks agreeing to the restrictions.

"As the Ma Ba Tha members' failure to follow the order would harm the dignity of Ma Ha Na and the state stability, the legal action would be taken inevitably," read the announcement.

The post Govt Warns Legal Action Against Ma Ba Tha For Ignoring Orders appeared first on The Irrawaddy.

Dateline Irrawaddy: Telecoms Law Must be Amended to ‘Serve Its Intent’

Posted: 14 Jul 2017 11:26 PM PDT

Kyaw Zwa Moe: Welcome to Dateline Irrawaddy. This week, we'll discuss the Telecommunications Law, one of Myanmar's more controversial laws. There were over 70 lawsuits filed under the Telecommunications Law over the last year. Now, the President has made public the draft law amending it. We'll discuss whether the draft law will serve as good legislation for the people, and its pros and cons. Ko Than Zaw Aung of Myanmar Media Lawyers Network and Ko Zeyar Hlaing, editor of Mawkun Magazine, join me to discuss this. I'm The Irrawaddy's English editor Kyaw Zwa Moe.

We've read the draft law, which amends the Telecommunications Law. The law has roused much controversy among journalists; it was enacted under U Thein Sein's government in 2013, but it has been applied more frequently since the government of Daw Aung San Suu Kyi assumed office. So far, seven cases have been filed by the military, six by the NLD [National League for Democracy], and around eight by a third party on behalf of State Counselor Daw Aung San Suu Kyi. Of all these, 14 cases have involved charges against journalists. This is a high rate of incidence for just one year's time. Ko Than Zaw Aung, you might have read the draft law—what do you think are its advantages, and what disadvantages remain?

Than Zaw Aung: It is good that the draft law requires general power be granted [in order for a third party to file a lawsuit on behalf of an aggrieved party]. What is not good is that there is no [communications ministry] sanction required for courts to accept the lawsuit. There have been many cases brought forward, even while the [ministry's] approval has been necessary. So if the ministry's approval is made unnecessary, I wonder how the validity of lawsuits, especially from a technological perspective, will be determined. If a fake account defames somebody, who will take responsibility to determine who should be sued?

KZM: By approval, you mean that the approval of the Ministry of Communications and Transport is required for courts to accept the lawsuit according to the existing law. But in the draft law…

TZA: It is no longer needed to seek the ministry's approval to file lawsuit under Article 66(d). If the ministry's sanction is no longer necessary, who will take responsibility for checking if the [Facebook] accounts [that defame somebody] are fake accounts? I haven't seen judges taking expert opinions into consideration when hearing those cases at trial. Again, judges who administer justice for those cases might not be technologically literate.

KZM: The existing law allows the third party to file a lawsuit on somebody's behalf. As we have mentioned, any supporter of Daw Aung San Suu Kyi can file a lawsuit on her behalf if she is deemed to have been defamed. The court can accept the lawsuit, administer justice, and issue a jail sentence to the defendant. It is also the case for defamation involving the army chief: a soldier, or anyone, can file a lawsuit on his behalf. So, these new changes can be said to be positive as they no longer allow a third party to file a lawsuit.

TZA: Yes, it is good. It complies with the code of criminal procedures that a third party can file a lawsuit only with the general power given by the aggrieved party. But under the existing law, lawsuits are filed with or without general power.

KZM: We media feel that Article 66(d) [of the Telecommunications Law] is a real threat to the press. What is your assessment of Article 66(d) and the draft law?

Zeyar Hlaing: This concerns not only the media but also every netizen in the country, I think. We need to look at the intent of the law. It was intended to prevent coercion, defamation, disturbances, and so on. We should review whether the law has been applied for this purpose. As far as I'm concerned, the [communications] ministry has not been able to identify fake accounts [regarding the lawsuits filed under Article 66(d)]. Again, there is a need to review how many of those who use fake accounts in those lawsuits have been arrested. So far, I have found that only those who use real profiles have been punished under this law [as opposed to those who use fake accounts to defame and are still at large because the ministry could not identify them].

There is a need to review how many fake accounts—which spread hate speech and make threats against other organizations—have been punished under this law. Otherwise, this law is not able to prevent coercion and defamation as it was intended to do. So, we need to amend the law to make sure the law serves its intent. So far the law has only affected those who use real profiles and take responsibility for their words. Facebook pages of media outlets—for example, The Voice—though being present on social media, only publish reports that have been edited by editors with responsibility and accountability. This law has only been able to bully such people, but has not been able to stop those who are coercing others and spreading hate speech.

 

KZM: There were only seven such cases under U Thein Sein's government, and penalties were given in five cases. The number of cases has increased significantly under the new government. The question is to what extent the law serves its stated purpose. Another question is whether this law has been misused for political purposes; there have been more lawsuits filed for political reasons than for other reasons. What is your overall assessment of it?

TZA: My personal view is that Article 66(d) should not be enforced, as is the case for Article 34(d) of the Electronic Transactions Law. The draft law [amending the Telecommunications Law] does not introduce changes regarding punishment. There are provisions in the penal code that cover coercion, disturbances and so on. And there is Article 500 that deals with defamation. The government needs to consider that while the penal code carries two years' imprisonment [for defamation], the Telecommunications Law prescribes three years' imprisonment. The whole law was intended for the development of telecoms operators and telecoms networks. But it has been increasingly misused, and is less effective for its stated intentions.

KZM: Ko Zeyar Hlaing, what is your view? Do you support scrapping it, or do you have something else in mind?

ZYH: There are already existing provisions to sue for defamation. But more weight has been placed on it [because of the use of Article 66(d)], and this has put a heavier burden on the people. Particularly if a government calls itself a democratic government, it should respect and ensure the freedom of expression of individuals. In many cases, this article directly or indirectly affects freedom of expression, so the government needs to review this. When we told government officials that the penal code already had provisions concerning defamation, they said it only covered defamation in everyday quarrels between individuals, but that this form of defamation [penalized under Article 66(d)] is about online posts that can spread to the entire world within a short time.

KZM: They mean that such defamation could have a greater impact…

ZYH: Their argument is based on their own opinions. Those who use Facebook are not passive users, but active users. For example, Ko Kyaw Zwa Moe, if you write a fallacious or defamatory post, there will be people who defend your argument, and there will be a debate under your post. Social media platforms are different from traditional media… If you think somebody has written something wrong, you can respond to it within seconds or minutes. So, there are questions—don't the concerned authorities understand this, or are they technologically illiterate, or are they just basing this on their own opinions?

KZM: More than one year after the NLD government came to power, this article remains unchanged. The government is taking steps to change it now after it has caused much controversy. Anyway, now we can draw the definite conclusion that the neither the government nor the Parliament will scrap this law. It will remain, though there will be changes. So, to what extent do you think the new changes will prevent the law from being misused?

ZYH: We'll see when the [final] draft law comes out. Nearly two-dozen civil society organizations, including groups lobbying for the amending of 66(d), have proposed a dozen changes to the law. Those groups have reviewed the law and presented recommendations. And we also met with the communications minister some three weeks ago. But our recommendations were not adopted in the draft law. This indicates the [lack of] goodwill from the government. The Parliament will hold a public hearing on the law, so if those groups can go and explain [their recommendations] in the Parliament—and if the parliamentarians have goodwill—hopefully the law can be changed, more or less. But then again, since both the [majority of] Parliament and the government belong to the same party, there is not much hope of change. However, this is my personal view.

 

KZM: Ko Than Zaw Aung, Ko Zeyar Hlaing, our discussion has mainly been about 66(d). But as everyone knows, one reporter from our news agency The Irrawaddy and two from DVB [Democratic Voice of Burma] were charged [by the military] recently under Section 17(1) [of the Unlawful Associations Act]. But at the same time, there is a Media Law. Everyone says that they were just doing their jobs as journalists and must be able to communicate with armed groups or rebels. In such cases, to what extent does the media law can protect journalists? Or to what extent can the [Myanmar] Press Council or the Information Ministry intervene in line with law?

TZA: As you see, those things happened, and there was no chance for negotiation. The Media Law itself has no negotiating power, though the law says negotiations may be made. Again, it does not include provisions for the protection of journalists, though it includes a list of guidelines—for example, how to gather news in conflict areas. Besides Section 17(1), there are many other articles in legislation and in the penal code that can be used to prosecute journalists. The Media Law must be changed to ensure that journalists are charged only under this law itself, in case they are prosecuted in connection with their jobs as reporters. And the Press Council now needs to think about how to intervene in real time in such cases. In the case of the arrest of three journalists, we didn't see such interventions.

KZM: As Ko Than Zaw has said, the concerned organization and ministry have not taken any active steps toward intervening. Frankly speaking, the Ministry of Information and the Myanmar Press Council are responsible for doing this. What are your recommendations for them regarding the protection of journalists if they are arrested for doing their jobs?

ZYH: I think the information ministry only cares about publishing the news of the government. It doesn't seem to have an agenda to promote press freedom and protect journalists. However, the Myanmar Press Council is responsible for promoting and protecting freedom of expression according to the Media Law.

KZM: It is its mission…

ZYH: It should keep its mission [alive]. And as far as I'm concerned, the new government has oppressed the mainstream media. The government has started this and sued Eleven Media. And the military sued The Voice, which is one of the leading newspapers in the country. And it sued [reporters from] The Irrawaddy and DVB, which have been active media outlets since they were in exile. I think the authorities are doing this to make an example of them. Such an idea has been deep-rooted in our country since previous eras. I believe authorities have made an example of them, and journalists will have to exercise extra caution.

KZM: As Ko Zeyar Hlaing and Ko Than Zaw Aung have discussed, this will largely depend on the Parliament. We'll wait and see to what extent things will develop in a positive direction. Thank you for your contributions!

The post Dateline Irrawaddy: Telecoms Law Must be Amended to 'Serve Its Intent' appeared first on The Irrawaddy.

The Irrawaddy Business Roundup (July 15)

Posted: 14 Jul 2017 09:30 PM PDT

JobsNet Announces Awards for Best Employers

The first awards system recognizing leading Myanmar employers has been announced by the jobs portal JobNet.com.

The Myanmar Employer Awards will consider firms conducting best practices in human resources, including organizational development, talent recruitment, compensation and benefits, and workplace culture and design.

Nurturing human talent is critical to boosting productivity, general standards of living and long- term economic growth in Myanmar, according to JobNet.

"The Myanmar Employer Awards will create awareness among local and international employers, government bodies and the community as a whole regarding the importance of talent management to drive business profitability and the growth of Myanmar as a stronger nation," said Matt de Luca of the company.

"Combining international practices with Myanmar work culture is a delicate process which must be nurtured if the fast pace [of growth] is going to be sustained," according to a company statement.

The awards will be given to local and international companies and will include an Overall Best of the Best, People's Choice Award, Best Learning & Development, Excellence in Workplace Environment, Best Use of Internal Marketing for Company Pride, Best Career Advancement Program, and the Best Use of Rewards & Recognition.

A panel of nine local and international judges will be headed by Prof. Dr. Aung Tun Thet, former government economic advisor. Deloitte Myanmar will participate as the verifying partner.

Companies may start submitting applications from July 28. The awards will be presented at a ceremony at the Sule Shangri-La Hotel in Yangon on November 24. Further information is at www.myanmaremployerawards.com.

Shell Petrol and Retail Stations on the way

Max Energy has signed a license agreement with the international energy firm Shell to introduce its brand of retail sites in Myanmar, DealStreet Asia reported.

The deal is with Shell Brands International AG, a subsidiary of Royal Dutch Shell, and it will see a nationwide roll-out of the branded petrol stations and retail outlets on sites owned and operated by Max Myanmar over three years.

Fuel supply will be handled by Shell International Eastern Trading Company based in Singapore, the company announced.

"This will benefit Myanmar by raising the quality and standard of fuels and providing an unrivalled customer service and experience for people," said U Zaw Zaw, chairman of Max Myanmar.

Max Energy currently has 18 fuel stations in Yangon and others in the Ayeyarwady Region, Mandalay, Bago, Naypyidaw, Sagaing Region and Mon State.

"This long-term agreement with Max Energy will provide the people of Myanmar with Shell's high quality fuels and lubricants, excellent customer service and a range of convenience products and services designed to meet the needs of busy motorists and other customers," said Yasuko Yoshida, country chair of Shell Myanmar.

Moreh-Imphal Highway Upgrade Gets Go-Ahead

India's government said on Thursday that it has given the green light to widen and upgrade a 65-kilometre stretch of highway from Imphal in Manipur to Moreh on the Myanmar border, the Economic Times reported.

The upgrade is part of the fulfilment of India's 'Look East' policy, according to an Indian government statement.

India's roads and transport minister Nitin Gadkari told reporters that the project was being developed with loans assistance from the Asian Development Bank (ADB) under the South Asian Sub-Regional Economic Cooperation (SASEC) Road Connectivity Investment Program. The program aims to upgrade road infrastructure in Bangladesh, Bhutan, Nepal and India (BBIN) in order to improve regional connectivity.

The road section is also a part of the long-touted Asian Highway project which aims to boost connectivity throughout Asia and improve links to Europe.

After completion of the four-lane upgrade, travel time on the journey is estimated to reduce from the current three-and-a-half hours to one-and-a-half hours.

Road safety features including underpasses, crash barriers, lay-bys, road signs and service roads to segregate slow-and fast-moving traffic, will reduce accidents and help save fuel costs, an Indian government statement said.

Program Aims to Boost Business in the Regions

A three-year plan to improve business competitiveness and economic growth in the states and regions has been launched by the Asia Foundation and the DaNa Facility, with funding from the UK's Department for International Development.

The keystone of the program will be a survey called the Myanmar Business Environment Index (Myanmar BEI), which will identify constraints and areas for improvement in the regulatory environment for business at the state and regional level.

The goal is to facilitate private sector development and remove unnecessary bureaucratic obstacles as well as opportunities for rent-seeking.

In this way, the survey will serve as a diagnostic tool for evaluating the local business environment, according to an Asia Foundation statement.

"For many Myanmar micro, small, and medium enterprises, the first engagement with government is at the township level, whether this involves business registration, tax collection, or inspection of a business," said Dr. Kim Ninh, country representative for foundation. "To improve the business environment in Myanmar, a better understanding is needed of the aspects of local economic governance that facilitate or restrain day-to-day business activity."

"Achieving sustainable and inclusive economic growth in Myanmar requires a better business environment in each of Myanmar's states and regions," said Peter Brimble, team leader for the DaNa Facility which will operate the program.

The BEI will also reinforce efforts to develop state and region investment promotion and facilitation strategies.

The project will involve nationwide surveys in the first and third years, with extensive outreach and dissemination in years two and three.

The Asia Foundation is a nonprofit international development organization which works governance and law, economic development, women's empowerment, environment, and regional cooperation.

It has pioneered and implemented similar business indices in other locations, including Vietnam's Provincial Competitiveness Index, along with related tools in Indonesia, Sri Lanka, Bangladesh, Cambodia, and Mongolia.

Banks Must Maintain 20 percent Liquidity Ratio

The Central Bank issued a regulation last week that requires all banks to maintain a liquidity ratio of 20 percent at all times.

Banks must calculate their liquidity ratio daily and report weekly averages to the Central Bank, according to the regulation.

Penalties apply in the case of the non-compliance with the regulation issued under the Financial Institutions Law and the Central Bank of Myanmar Law, which went into immediate effect.

The post The Irrawaddy Business Roundup (July 15) appeared first on The Irrawaddy.

This Week in Parliament (July 10-14)

Posted: 14 Jul 2017 09:18 PM PDT

Monday (July 10)

In the Lower House, in response to a question from Mingin Township lawmaker U Maung Myint, Minister for Transport and Communications U Kyaw Myo said his ministry had acquired lands for a National Database Center in Naypyitaw's Zabuthiri Township and would begin construction in 2018; and that infrastructure had been built across the country to share the information from the center in real time.

The Upper House approved a discussion of the proposal of Bago lawmaker Dr. Win Myint, which urged the Union government to open a fishery university for the sustainable development of the fishing industry, conservation of fish stocks and water resources, food sufficiency, rural development and poverty reduction.

Tuesday (July 11)

In the Union Parliament, Union Minister for Natural Resources and Environmental Conservation U Ohn Win explained the President's proposals to ratify the Doha Amendment of the Kyoto Protocol and the Paris Agreement on Climate Change.

Wednesday (July 12)

In the Lower House, Pyin Oo Lwin Township lawmaker Dr. Aung Khin asked the government if it would implement the Yadanabon Cyber City Project near Pyin Oo Lwin on nearly 10,000 acres of lands seized for the project as soon as possible, or return the inactive lands to local farmers. Deputy Construction Minister U Kyaw Lin said his ministry had no plan to return the 9,893 acres of seized land for farming, and that the project would continue.

In the Upper House, lawmakers discussed regional development works in their respective constituencies.

Thursday (July 13)

Mingin Township lawmaker U Maung Myint of the Union Solidarity and Development Party (USDP) urged the Union government to regulate literary talks, claiming that some talks were rallying support for the National League for Democracy (NLD) and its government. Union Information Minister U Pe Myint replied that every citizen was entitled to freedom of expression enshrined in the Constitution, and his ministry had imposed regulations to make sure people did not exploit this freedom.

The Lower House approved discussion of the proposal of Mandalay Division lawmaker Dr. U Hla Moe, which urged the Union government to air an educational TV channel to facilitate the country's educational reforms.

It also approved discussion of the proposal of Magwe Division lawmaker U Kyaw Aung Lwin, which urged the Union government to effectively tackle widespread illegal logging across the country in line with the law.

It also approved discussion of Kachin State lawmaker U Lin Lin Oo's proposal, which urged the Ministry of Natural Resources and Environmental Conservation and the Kachin State government to take the lead in handling illegal gold and amber mining in Kachin State's Tanai and Hpakant townships.

In the Upper House, Deputy Minister for Transport and Communications U Kyaw Myo submitted the draft law to amend the controversial 2013 Myanmar Telecommunications Law. The draft law proposes five changes, including granting bail for defendants in certain cases and no longer allowing third parties to file lawsuits on behalf of an aggrieved party.

Friday (July 14)

In Union Parliament, Planning and Finance Minister U Kyaw Win put forward the Aungbarlay State Lottery draft law, which includes an electronic lottery system in which people can buy lottery tickets through their mobile devices and computers.

The post This Week in Parliament (July 10-14) appeared first on The Irrawaddy.
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