Saturday, August 12, 2017

The Irrawaddy Magazine

The Irrawaddy Magazine

Disappointing Progress on an Important Debate: Response to ‘The Myth Myanmar can Afford to Ditch’

Posted: 12 Aug 2017 12:56 AM PDT

Tea Circle Editor's Note: The following is a response to a recent opinion piece by Brandon Aung Moe on Tea Circle. In light of responses to this post (both directly to our blog and circulating on social media and on other blogs), we invite readers to view an updated version of our submissions policy and to consider submitting their own responses. We also invite you to read some previous Tea Circle posts on issues related to women and women's rights here, here, here and here.

In a recent post on Tea Circle, Ko Brandon Aung Moe asserts that the notion of the disempowered Burmese woman is a myth that Myanmar can afford to ditch. He argues that it gets perpetuated by both locals and foreigners who have not thoroughly inspected the issue of women's rights in Myanmar, particularly during this period of Myanmar's reintegration into the global community.

While I appreciate and agree with Ko Aung Moe's apt sense that Burmese women are traditionally empowered, financially savvy, and efficient care-takers of the household, he has got it wrong that Myanmar today has achieved gender equality, and we can therefore move on from this much-needed discussion on gender and sexual identity rights. Unfortunately, there is much, much more work to be done for gender equality and basic rights for different identity groups in Myanmar.

My disagreement with Ko Aung Moe's position begins from the very understanding of Myanmar's context. In Ko Aung Moe's worldview, Myanmar has always had a long history as an isolated patch on the world's map until the last five years, which is how the foreigners in Myanmar today misinterpret the context of Burmese women, and locals perpetuate these misinterpreted views. My understanding of Myanmar is that the considerable detachment and isolation that the country is known for is a recent phenomenon, true only for the past five decades. As far as the existence of statehood goes, Myanmar (or the territories constituting today's Myanmar) has had remarkable exposure to the outside world, and Yangon itself was an incredibly cosmopolitan city, until the socialist government's policies took effect in the sixties.

Since Ko Aung Moe brought up the Kingdom of Ava in the late 18th century to establish then-Burma's detachment from global trade, I would like to call to his attention that Burma by then already had trade relations with countries as far away as Portugal for about two centuries, since the reigns of Mrauk-U's Minbin, and Toungoo's Tabin-Shwe-Hti. Today in Lisbon, in front of the Monument of the Discoveries, still stands a world map listing Portuguese first contact with various civilizations, including "Pegu 1511" firmly inscribed on the marble map. The Court of Ava employed hundreds of Armenians, who had emigrated from Persia in the early 1600s and whose descendants had gone on to establish such businesses as The Strand Hotel, or Balthazar family offices, renting space to the likes of Siemens.

Additionally, when I was a Myanmar-language walking tour leader, I would stop by Yangon's Port Authority to note that this port in the early 1920s used to be the second busiest, just after New York City. The fact that Nga-Zin-Ga was a Portuguese man who served as the governor or "Kalar-Wun" of today's Thanlyin in the 1500s; the fact that one can see the beautiful fusion of traditional ornamental elements on an otherwise classical Corinthian column at the Rakhine merchant association's tazaung on Shwedagon's precincts; or the fact that the fruit "papaya" – while never seen in Bagan era inscriptions – is known and loved locally as "a fruit that comes on a boat" all are overlooked tidbits pointing to a cultural evolution. They are also evidence that the Burmese often do a fairly decent job accepting new cultures and people, and Myanmar's self-imposed isolation is only a recent measure. For this reason, the locals like myself, who happen to agree with the foreign aid workers or journalists about the changing roles and needs of Burmese women, are perhaps worth listening to.

One of these urgent needs is a legislative update.  Much of the gender-specific legal guidance comes from an 1860 Penal Code, which does not address marital rape, or enable women (or men) to seek protective or restraining orders. The legal enforcement body is neither trained nor equipped to deal with women (or men) seeking support in case of sexual assault, and instead quotes the colloquial saying, "kyee-thaw-ahmu-nge-say, nge-thaw-ahmu-papyout-say," meaning that the goal of a police officer is to reduce the gravity of a severe case, and do away with a small case altogether. In practice, this means that female victims in sexual assault cases are often dissuaded from pressing charges, which should strike any modern reader as a fairly egregious case of gender imbalance. A recent Myanmar Now article quotes the national police records of 700 rape cases in Myanmar last year. Assuming that only the most severe cases got reported in Myanmar last year, a comparable data point for England and Wales is 40,675 most severe cases. It stands to reason that either severe sexual assault is more pervasive in modern British society than Myanmar's, or that the rape cases in Myanmar are severely underreported and the judicial infrastructure is painfully inefficient. I think I will go with the latter.

Another indicator of a severe violation of gender-based rights is an absence of legal remedies for the men and women in abusive relationships at home. Domestic violence is neither socially recognized nor legally envisaged. There are no legal provisions for a victim of domestic violence to break a tenancy agreement and walk away from an unsafe environment, for instance. Revenge porn is not deterred under the current legal guidance. Myanmar is unique in Southeast Asia for still not having a legal framework against domestic violence. While the Burmese language barely has a recognizable term for domestic violence, its neighbors, Cambodia and Thailand, passed legislation to combat domestic violence more than a decade ago, in 2005 and 2007, respectively.

According to the Penal Code, customary laws based on a given couple's religion may guide the settlement of any marital disputes or divorce. This does not provide for equal protection for women or men of different faiths in Myanmar. To give a Buddhist example, a Buddhist wife may be obligated by Dhamma-that (Buddhist customary law), which technically gives the husband authority to physically "but lightly" punish the wife with a light cane. While having to legally declare one's faith to the state is already an outdated concept, a severe lack of protection against domestic violence, and lack of process for an equitable dissolution of marriages, seems to be a massive legislative void that Myanmar cannot afford to ignore. As a Myanmar woman, I do not want to be guided by a Penal Code that is older than the invention of the zipper, the ballpoint pen, or the remote control. Myanmar's legislation for gender-based rights needs an urgent update.

Reproductive health measures go hand-in-hand with social acceptance and a lack of basic gender-based rights in legislation. Reproductive health education is still considered taboo, mainly due to norms surrounding the control of a woman's body. Women are less likely to seek information on sexual health when they are still expected to preserve virginity until marriage, while the same expectation is nonexistent for men. A Myanmar woman can access sterilization only with her husband's signature. Most young Myanmar women, even in the most developed city like Yangon, are not receiving HPV vaccinations, which in many modern clinics are still reserved for married women. In 2015, the Myanmar government decided to ban the sale of birth control and contraceptives, including condoms, ahead of Thingyan Water Festival as a way to tackle unwanted sexual activity, which again seems to be an outdated measure stemming from a rigid adherence to traditional notions of a woman's role and her ability to make choices about her own body.

Yet, the sexual activity seems to be there; while the data is difficult to come by on this front, we can deduce that sexual activity exists from the fact that many women seem to suffer from labor complications and preventable causes of death. Childbirth remains the most prominent cause of death for women in Myanmar, according to the Central Statistical Organization. The UNFPA data suggests that the maternal mortality rate is the second highest in ASEAN, ranging geographically from 230 to 580 cases per 100,000 live births, and averaging about 280 per 100,000 live births. Rectovaginal fistula (a very serious condition in women) is not well cared for, and I have seen a man make fun of a woman suffering from rectovaginal fistula in a village in Myanmar.

Lack of access to reproductive health information and contraception, is again a symptom of gender inequality. Instead of making it difficult to access modern contraception and family planning tools and knowledge, and then later punishing women with inadequate health care provisions for labor complications, how about we empower women to make choices for themselves? Instead of shaming a young unmarried woman in a rural village for an unwanted pregnancy and holding her to a double standard, while the man responsible for the pregnancy is not held to the same degree of accountability, how about we educate her about her body and safe options? The social pressure behind reproductive health suggests that the root cause of the problem is not simply a sign of difficult times, as Ko Aung Moe has asserted. Shocking health statistics reveal that a debate on gender inequality is not something modern Myanmar can afford to ignore.

Lastly, I would like to point to a certain sexist attitude that exists day-to-day. While Myanmar women do not need to change their last name upon getting married, as Ko Aung Moe has pointed out, Myanmar women are still identified in relation to their father on official papers. As a BBC article from awhile back makes the case, Burmese papers seem to be editing out the umbrellas being held by male subordinates for female politicians, because a reverse in traditional gender power structure is simply unsettling for many in Myanmar. The Burmese phrase for being petty is known as "main-malo, main-maya," which is to say "like a woman," thus effectively reducing half of Myanmar's population to a petty bunch.  With this baseline attitude for women, it is not surprising that at my job, my colleagues would criticize in whispers a senior female executive for seating herself on the top row of a work forum, while her male counterpart was seen as rightly taking his position there. It is not surprising that when I meet with a film crew for a TV ad, my (male) Swiss intern is asked to stand in for an executive role while I am asked to be his secretary, even when I am the one handling the crew's account. In such a society, it is not surprising that women are underrepresented in politics and business. In such a society, only one respectable woman makes it to the board seat of all public companies listed on Yangon Stock Exchange.

Again, I agree with Ko Aung Moe in that Burmese women can be empowered, strong, and feisty. Women and single mothers I have met throughout rural Myanmar are a resilient, entrepreneurial bunch, defying the harshest conditions, severe weather and inefficient economic policies for many decades. Yet, while Ko Aung Moe, with his reasonable and strong mother, has been fortunate to be sheltered from the deleterious effects of Myanmar's legal failings, this is not the case for many women in Myanmar today. Local activists such as Ma Cheery Zahau of Women's League for Chinland, Ma Htar Htar and Ma Win Win Khaing of Akhayar, or Ma May Sabei Phyu and Aunty Pansy Tun Thein of Gender Equality Network, work directly with women suffering from gender-based violence and often speak up about and attest to the depth and nuances of gender inequality in Myanmar. I do not agree that these locals are simply downplaying Burmese-style women's empowerment, as Ko Aung Moe has mistakenly suggested.

If anything, the debate on gender equality is slowing down, instead of making progress. A discourse on gender should go beyond women's rights, and encompass sexual identity rights, including LGBT rights and even include problems male victims face in gender-based violence. Instead of making progress on such fronts, Myanmar's government recently enacted an interfaith marriage ban, which restricts women's ability to make choices and treats women as inept beings who cannot think for themselves. The inspiration behind the ban, according to the monk Wirathu, is the protection of women. The chairperson of the Theravada Dhamma Network has said, "Our Buddhist women are not intelligent enough to protect themselves."  While draft bills on violence against women have been in the making for more than five years, there are more restrictions now on women's ability to make choices for themselves.

Therefore, while I appreciate the positive sentiments behind Ko Aung Moe's recent post, I have to argue that Myanmar society cannot afford to ignore rights based on gender and sexual identity while reintegrating into the global community, after five unfortunate decades of isolation.

Born and raised in Yangon, May Thu Khine started her career as a fundraiser for New York City-based Girls Inc. She has since worked at Proximity Designs and Yoma Strategic Holdings, and is currently pursuing her MBA in London.

This article originally appeared in Tea Circle, a forum hosted at Oxford University for emerging research and perspectives on Burma/Myanmar.

The post Disappointing Progress on an Important Debate: Response to 'The Myth Myanmar can Afford to Ditch' appeared first on The Irrawaddy.

Govt Comments on Enhanced Security in Rakhine

Posted: 11 Aug 2017 10:37 PM PDT

Amid a recent uptick in violence and recently deployed Myanmar Army troops in Rakhine State, the State Counselor's Office issued a press release on Friday condemning extremist acts and emphasizing its efforts toward development in the region.

Tension between Rakhine State's Buddhist and Muslim communities is high as of late, with a number of recent killings and disappearances from both communities. The State Counselor's Office statement reported 59 people killed and 33 missing this year in the region as of August 9, many of which the government has attributed to "terrorists."

The statement said that the government was working with security forces to handle the situation in line with the law, but assured that "actions will be taken against all extremists and those who abet their extremism."

The release emphasized that in an effort to bring about national reconciliation, peace and development in the region, the government was implementing "the provision of humanitarian assistances from both international and domestic resources, and development of basic infrastructure in the region," with an emphasis on roads, bridges and enhanced electricity.

It added that a curfew would be imposed in necessary areas in order to establish and maintain peace, stability and security in the region.

The post Govt Comments on Enhanced Security in Rakhine appeared first on The Irrawaddy.

Protests Must Serve the Public Interest

Posted: 11 Aug 2017 09:22 PM PDT

Kyaw Kha: Welcome to Dateline Irrawaddy! This week, we'll discuss the recent anti-government protests in Yangon and Mandalay. I'm Irrawaddy reporter Kyaw Kha. Sayadaw U Pannavumsa, who participated in a 1990 anti-government protest and the 2007 Saffron Revolution, and U Kyaw Ko Ko, who participated in the Saffron Revolution and the 2015 protest against the National Education Law, join me for the discussion.

Recently, there were sit-in protests in Yangon and Mandalay staged by Buddhist monks and laypeople who identified themselves as nationalist activists. The Mandalay Region government arrested the protestors on the third day of the demonstration. The same day, protesters in Yangon dispersed, saying they were advised by senior Buddhist monks to do so, and protestors in Taunggyi also dispersed. Sayadaw U Pannavumsa, what is your view of the protests in Yangon and Mandalay that called for overthrowing the government?

The Irrawaddy discusses the lack of public support for recent anti-government protests in Yangon and Mandalay.

Posted by The Irrawaddy – English Edition on Friday, August 11, 2017

Pannavumsa: When a protest is to be staged, what is important is that the people want it—whether it is because food prices are too high or people are dissatisfied with the performance of the government. You can't demand a government step down only because an individual monk or layperson dislikes it. It needs to be based on the desire of the people. That is why the people's leader, Daw Aung San Suu Kyi, has highlighted the importance of public participation.

The protestors said they staged the protest for religious cause. But, the people still have trust in the government. According to the protesters' signs, the government should be overthrown because it doesn't safeguard Buddhism. But the deepest wish of people right now is to achieve peace. And the current government is not a military regime or authoritarian. But protestors labeled the government as authoritarian in their signs. Far from supporting these protests, people view them with disgust. If a protest is to be staged, there must be strong reasons for it. Without strong reason, many will not join the protest.

Looking at the 1990 movements of Buddhist monks as well as the 2007 Saffron Revolution, monks didn't take to the streets of their own accord but at the request of people and housewives [who complained of high food prices]. In so doing, monks didn't shout slogans that were against the Buddhist commandments.

During the Saffron Revolution, monks took to the streets in townships across Yangon and were supported by students like Kyaw Ko Ko and Sithu Maung. People from all walks of life—from street vendors to well-off people—joined to support the monks. It is important that people support protests. This recent protest did not reflect the desires of the majority, but only a small group of people. So, it failed and the organizers now face legal action.

KK: Looking at those sit-in protests in Yangon and Mandalay, the number of protestors was a maximum of 40. And from what we saw on social and print media, there was no public support. When you students staged a protest march through townships, locals and students' parents joined you along the way. The recent protests didn't receive similar support. Why do you think that is?

Kyaw Ko Ko: The [protesters'] organization has taken the wrong path. They are not acting as they should, they are doing the opposite. Many of Myanmar's problems are leftover from the military dictatorship. And it is difficult to root out the problems because of the [military-drafted] 2008 Constitution. All of the fights against military dictatorship, although they were suppressed, won a certain degree of public support. All of the united fights by us or Buddhist monks or farmers or workers against the military dictatorship garnered some public support and moved us forward in the political transition.

The recent protests in Yangon, Mandalay and Taunggyi did not win public support because the ideologies they espoused were not acceptable to the people. Usually, there is a three-point principle regarding protests; there must be a strong reason to stage the protest, there must be limits, and there must be an outcome. Without these three points, we can't put up a fight.

We staged a four-day protest in Yangon in our protest against the National Education Law. Before the protest, student unions across Myanmar met at the office of Free Funeral Services Society (FFSS). We staged the protest only after we reached a unanimous agreement.

The recent protest came out of nowhere. It took place without the decision of the monkhood, the people or housewives, as the Sayadaw mentioned. Why was the objective of their protest to overthrow the government? Which weakness of the government do they object to? That they say that the government is not safeguarding Buddhism is a wishful argument. It is nowhere close to reality. So, the reason behind the protest is not valid.

Again, there are limitations in a fight. In our case, we distributed pamphlets to rally the people first. As students took to the streets, parents and people who sympathized with them also joined. They can't challenge a government to step down all of a sudden. They staged the protest because they don't understand that there must be reason and limits. And they did not achieve an outcome. Their ideology is wrong, and it will never be right again.

In our country, no one oppresses Buddhism except military dictators. The Sangha protests bore witness to this—the bloodshed. In the 2007 Saffron Revolution, we saw a photo of a dead monk drifting in Dawbon Creek in Thaketa Township. There were also other pictures that serve as evidence.

I'd like to ask this question—why are they trying to distract the public attention with their activities while they still can't identify the main perpetrators? If they can answer, they will succeed. If they lie, they will fade away.

KK: Monks have participated in most of the protests since the 2007 Saffron Revolution. But the public views on their participation have changed. Trust in monks' protests has declined. Why do you think this is?

Pannavumsa: Not only has the image of monks been marred, but doubts have risen among the people. As Kyaw Ko Ko has said, we need to see to what extent a protest will benefit the people. In this instance, there is no benefit as it was staged in a confrontational manner. This has marred the image of good monks.

Eleven protesting monks were arrested in Mandalay, and it was discovered that six of them were not officially registered as monks. They don't know religious verses. And looking at their appearances, they lack charm. They have tattoos on their hands. And according to the interrogation, they joined the monkhood just before the Buddhist Retreat [which usually starts in July]. They did not join the monkhood as children. They have not studied Buddhist scripture. They are not serving the interests of the religion, but they are outsiders.

KK: People had high hopes for the National League for Democracy [NLD] government regarding reforms. But the NLD government's performance falls short of the people's expectations in many areas, including the peace process. Why has it failed to implement speedy reforms as people expected?

KKK: It is clear. As I remember, the NLD made three commitments when contesting the [2015] elections—constitutional amendment, peace and the rule of law. And it still can't realize its commitment to peace. It can only graze it, with no tangible achievements.

Daw Aung San Suu Kyi contested the election with her eyes fixed on national reconciliation. National reconciliation is quite a problematic issue. My personal view, also the view of the Social Democratic United Front of which I'm a member, is that the wishes of the people will not be fulfilled while a military dictatorship persists. We can't allow a military dictatorship to survive under the flag of reconciliation. It must be eliminated once and for all by scrapping the 2008 Constitution, which it uses as a fort. Soldiers should not be in Parliament. They must be in places appropriate to their roles. We want to get rid of military intervention in politics.

But the NLD's path is not that path. It seeks to reconcile with the other side. And for this, it has to make compromises. It cannot take the helm of the entire government. Three important ministries—home affairs, defense and border affairs—are held by the military. As the Home Affairs Ministry is held by the military, the management of the general administration departments under that ministry is largely in the hands of the military. So, it has been difficult for the NLD government to realize its commitments.

To be frank, staff officers, directors and permanent secretaries in each ministry are military associates. And [state and regional] chief ministers do not have complete power. The heads of regional and state general administration departments—who are referred to as commissioners—are more powerful than the chief ministers. The NLD doesn't have complete administrative, legislative and judicial power. So, no matter how eager it is to introduce reforms, it can't exert its full efforts, and there will be delays and setbacks.

KK: Thank you for your contributions!

The post Protests Must Serve the Public Interest appeared first on The Irrawaddy.

This Week in Parliament (August 7-11)

Posted: 11 Aug 2017 09:06 PM PDT

Monday (August 7)

In the Lower House, MP Daw Thandar of Einme Township asked what actions the government would take against the tender winners of the government-funded projects if they failed to meet agreed-upon standards or fulfill their contracts.

Minister for Health and Sports Dr, Myint Htwe replied that the government could decline to accept a project if it failed to meet specifications, ask the tender-winner to incur additional charges to meet standards, or delay fees in the case of a delayed project. They could also confiscate a certain percentage of the performance guarantee for substandard construction and services and blacklist the company if it breaches the rules and regulations, he explained.

The Lower House put on record Twante Township lawmaker U Myint Lwin's proposal urging the government to establish "library development committees" in cooperation with locals and civil society organizations in each township.

In the Upper House, lawmakers discussed a report from the Health, Sports and Culture Committee. Lawmaker U Kyaw Thaung of Sagaing Region (3) pointed out the lack of funds for the promotion of sports in the country.

Tuesday (August 8)

The Union Parliament approved an exemption from commercial tax on diamonds, emeralds, and gold bars, which are listed as special commodities under the Special Commodities Tax Law. Under the existing law, there is a 45 percent of tax—30 percent tariff, 10 percent special commodities tax, and five percent trading tax—on diamond and emerald imports. Despite the exemption from the commercial tax, the tariff and trading tax will remain, according to Deputy Minister for Planning and Finance U Maung Maung Win.

Wednesday (August 9)

Lower House Speaker U Win Myint urged the Ministry of Agriculture, Livestock and Irrigation to strictly oversee the issuing of farmland ownership certificates by ministry staff on the ground. According to Deputy Minister U Hla Kyaw, his ministry disciplined a total of 86 of its own staff in connection with corruption and misconduct in issuing farmland ownership certificates to farmers.

The Upper House approved consideration of a proposal put forward by MP U Khin Maung Latt of the Arakan National Party which urged the government to take action against suspected militants in northern Rakhine State under the 2014 Counter-Terrorism Law and help locals who have fled their homes because of recent killings in the area.

Thursday (August 10)

The Lower House Bill Committee asked to reduce the maximum prison term under Article 66 of the Telecommunications Law, which includes online defamation charges, to less than three years on Thursday.

The Upper House approved amendments of the law on Aug. 2 without reducing the imprisonment term. The amended bill states that those charged under Articles 65, 66(a), (b) and (d) "may" be granted bail, leaving it to the judge's discretion. A maximum prison term of two years would allow for bail to be more widely granted.

Responding to a question by lawmaker U Min Thein of Magwe Region's Taungdwingyi Township, Minister of Labor, Immigration and Population U Thein Swe pledged to provide legal protections for Myanmar housemaids working abroad without proper documentation.

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

Friday (August 11)

In response to a question about the safety of forestry department personnel by U Aye Naing of South Dagon Township, Minister for Natural Resources and Environmental Conservation U Ohn Win said his ministry would coordinate with the defense ministry to equip forestry department personnel with arms.

In the Upper House, lawmakers discussed a proposal by U Aung Thein of Bago Region (12), which urged the government to take action against gambling centers that are allegedly operating while disguised as amusement centers in major towns across the country.

The post This Week in Parliament (August 7-11) appeared first on The Irrawaddy.

TIMELINE:  Reporters Remanded

Posted: 11 Aug 2017 07:58 PM PDT

On the occasion of the third court hearing in the trial of The Irrawaddy's Lawi Weng and the Democratic Voice of Burma's U Aye Naing Ko Pyae Bone Naing on Unlawful Association charges, The Irrawaddy takes a look at the most pivotal moments that have occurred during their 46 days in detention.

The post TIMELINE:  Reporters Remanded appeared first on The Irrawaddy.
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