Tuesday, January 2, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

Architects, Experts Slam Draft Law for Yangon City Development

Posted: 02 Jan 2018 05:37 AM PST

YANGON—A new draft law governing the development of Yangon has been condemned by architects and urban planners, who say it lacks a long-term vision for Myanmar's biggest city, as well as safeguards against conflicts of interest involving members of the city's development authority.

Yangon government-appointed experts and the Yangon City Development Committee (YCDC), the municipal body, drafted the new YCDC Law following a request by State Counsellor Daw Aung San Suu Kyi in late 2016. The law was intended to replace the existing 1922 City of Rangoon Municipal Act and to supplement the 2013 YCDC Law.

The YCDC is led by the mayor, who reports to Yangon Chief Minister U Phyo Min Thein. The committee comprises 11 members: the mayor, along with four government-appointed and six elected committee members. Since the National League for Democracy-led government came to power, however, no election has been held to select new committee members. For many years, the municipal body has been notorious for alleged corruption and failing to rein in unruly urbanization projects that have had negative consequences on the city's 5.2 million people due to a lack of systematic urban planning controls.

The draft was sent back to the Yangon Region Government in early December with remarks from a 31-member review committee, according to U Thein Myint, the secretary of the committee. The draft has not been made public yet.

Daw Nilar Kyaw, the Yangon Minister for Electricity, Industry, Roads and Communication, said the draft would be distributed to lawmakers in the Yangon Regional Parliament for discussion at the end of this month.

However, the contents of the draft drew criticism from professionals at a panel discussion held as part of the Architects Fair hosted by the Association of Myanmar Architects (AMA) in Yangon on Sunday.

"We are not pleased with the draft," U Sun Oo, the president of the association, told the audience at the "Our Vision of Yangon City" discussion, adding that he had hoped for a better one.

One of the panelists, Daw Hla Su Myat, said: "Frankly, I am not happy with the draft."

The architect said the new draft had weak provisions for managing urban projects in the city, while measures to prevent conflicts of interest involving YCDC members were nonexistent. Daw Hla Su Myat refused to discuss details of the draft, however, as it remains a "restricted" document.

"I want the new draft to offer a clear vision of what we want Yangon to be," said the executive member of the AMA, who is also  a Myanmar Architect Council’s representative on the draft review committee.

The Draft's Provisions

The Irrawaddy managed to obtain a copy of the draft for review. It comprises 30 chapters. Unlike the 2013 law, the new one contains a separate chapter on YCDC committee member elections. However, none of this chapter's 10 articles expressly prohibits an elected member from engaging in a conflict of interest, opening an opportunity for anyone in a high position to abuse their power for their own interests.

"We want the restrictions included in the draft. Even the 1922 Act includes provisions to prevent [conflict of interest]," said Daw Hla Su Myat.

Questions were also raised about Article 27, which authorizes the YCDC to form seven authorities with responsibility for Urban Planning; Building Regulations; Roads and Bridges; and Water Supply and Use, among others. The article dictates that each authority should comprise five members, overseen by a committee member, with participation from external experts and a department head. This article too fails to include any restrictions preventing conflicts of interest such as, for example, builders and other cronies of officials influencing the decisions of the authorities after being brought on board as "external experts".

Another controversial issue was the formation of YCDC-run business parties responsible for construction, the service industry, recreation and others, a policy that is seen as squeezing out other parties seeking to do business in those sectors.

Lack of Public Consultation

While it would potentially impact the lives of Yangon's 5.2 million residents, the YCDC draft fails to take public opinion into consideration, said U Maw Lin, vice chairman of the AMA.

"It has to be open to public participation. The public has to be aware of what should be or should not be in the law. If necessary, the government should accommodate the public's views. They should have a say in [the development of] their city. What is happening now is very different," he said.

U Sun Oo said the draft should be based on a long-term vision for the city and include input from all stakeholders.

"First, you have to keep in mind what kind of city—commercial or administrative, for example—you want, and the law has to support that vision," the AMA president said.

Daw Hla Su Myat recalled a meeting in June with experts from Singapore, who were invited to provide input in the drafting of the law.

"They said they would be able to make suggestions upon learning details of our vision for the city. But a YCDC representative replied they wanted to reform the law, form authorities and do business," she said.

As a review committee member, she said, the AMA's representative had submitted recommendations for the draft but was not sure if they would appear in the final draft.

When asked the reason for the document being restricted, the architect said she had the same question: "Why?"

"We voted overwhelmingly for this government. It should be transparent and consider public opinion when drafting a law like this one, to make it perfect," she added.

U Thein Myint, the secretary of the review committee, told The Irrawaddy that the committee had included its remarks in the amendments. However, the official refused to reveal what those recommendations were.

"It's up to the government if they make any changes or not."

Yangon Mayor U Maung Maung Soe was not immediately available for comment on Tuesday.

The post Architects, Experts Slam Draft Law for Yangon City Development appeared first on The Irrawaddy.

Five Sued for Protest Against Alleged Military Executions

Posted: 02 Jan 2018 05:28 AM PST

YANGON — Five Karenni men are being sued for protesting against the Tatmadaw's alleged execution two weeks ago of four people, including three Karenni soldiers, and ordered to appear at the Loikaw Township court in Kayah (Karenni) State on Friday.

The five, members of the Union of Karenni State Youth (UKSY) and the Karenni State Farmers Union, led the Dec. 22 protest against the alleged execution of three Karenni National Progressive Party (KNPP) soldiers and a civilian two days earlier.

About 15 people protested for about an hour in downtown Loikaw, rallying in front of the military's Regional Operations Command, the state Parliament, the state government office and other locations, shouting slogans and condemning the Tatmadaw.

Loikaw Township police Captain Win Htay said the protesters had violated the Peaceful Assembly Law by failing to inform police of their plans 48 hours in advance.

“They should have informed us in accordance with Article 4 of the Peaceful Assembly Law so that we could help them clear the route and provide security and avoid any danger. Because they violated it, we have to sue them within 15 days of the day of the protest, so we did,” he told The Irrawaddy.

Dee De, one of the five protest leaders, said the police informed them of the lawsuit on Saturday but stood by their decision to demonstrate.

"The killing and burning of the bodies of the victims are war crimes,” Dee De said, calling it the worst case of murder by the military in the state since the country started on its democratic transition seven years ago.

The UKSY issued a statement on Sunday that labeled the deaths "murder" and called on the Tatmadaw and state government to find justice for the victims' families.

UKSY Secretary Khun Bernard told The Irrawaddy that the state government and Tatmadaw, which is investigating the deaths, need to take responsibility for any crimes.

“We want a just resolution of the incident,” he said.

The KNPP claims the civilian and three KNPP soldiers were detained when troops from the Tatmadaw's Regional Operations Commanded raided the KNPP's camp in Loikaw on Dec. 20. It says the military executed them at the camp and burned their bodies back at their base. The military claims the four were killed in a firefight during the raid.

The KNPP accuses the Tatmadaw of violating the bilateral ceasefire agreement it signed with the government in 2012.

It called for a tribunal including international legal experts to investigate the case and take action against anyone found to have committed a crime.

The Tatmadaw's internal tribunal team, led by Brigadier General Aung Khine Soe from the military's Eastern Command, heard testimony from the KNPP and others last week.

The KNPP presented its version of events at a press conference in Loikaw on Sunday, including a recording from Maung Lar, a KNPP soldier whom the armed groups claims witnessed the executions, escaped, and was now at an undisclosed location for his safety.

KNPP Second Secretary Shwe Myo Thant said the incident jeopardized ongoing negotiations between his group and government over the Nationwide Ceasefire Agreement (NCA). The KNPP is a member of the United Nationalities Federal Council, an alliance of armed groups yet to sign up to the deal.

“We have already said that we would follow the NCA path, but the negotiations are still going on,” he said. "It may look like the peace process is moving slowly. That's mainly because we do not want to exchange what we want for our basic rights cheaply."

He said the KNPP has shared its information on the deaths with the government's peace negotiators, including the offices of State Counselor Daw Aung San Suu Kyi and Tatmadaw Commander-in-Chief Senior General Min Aung Hlaing.

The post Five Sued for Protest Against Alleged Military Executions appeared first on The Irrawaddy.

Analysis: KIO Kicks Off New Year with New Leadership

Posted: 02 Jan 2018 03:59 AM PST

The Kachin Independence Organization (KIO) has marked the new year with its first major leadership reshuffle since 2016.

As a member of the Federal Political Negotiation and Consultative Committee (FPNCC), the KIO is one of the ethnic armed organizations that have yet to sign the Nationwide Ceasefire Agreement (NCA).

General N'Ban La has been appointed chairman of the KIO, replacing Lanyaw Zawng Hra, who is retiring after more than a decade in charge to make way for a younger generation of leaders. Lanyaw Zawng Hra replaced General Lamung Tu Jai as KIO chairman when he died in 2006.

New leaders were appointed to five senior positions: KIO chairman, vice chairman 1 and 2, and deputy chairman 1 and 2 of the Kachin Independence Council (KIC).

Gen N'Ban La's appointment was largely expected, as the organization's vice chairman traditionally replaces the outgoing chairman.

His path to the top spot was cleared by the 2015 ouster of then-Vice Chairman Lieutenant General Gauri Zau Seng, ostensibly due to his age. Gen N'Ban La filled the vice chairman position the following year, presumably with an eye toward ascending to helm the KIO.

The appointment solidifies Gen N'Ban La's grip on power within the overall organization, as he is now chairman of both the KIO and KIC, as well as commander-in-chief of the KIO's armed wing, the Kachin Independence Army (KIA).

Gen N'Ban La is known for his ability to dispose of potential rivals within the KIO. The first occasion was in 2001, when he orchestrated the ouster of the then chairman, Lieutenant General Mali Zup Zau Mai, paving the way for Gen Lamung Tu Jai's appointment. A second crackdown occurred on Jan. 7, 2004, at Pajau, the old KIO/A headquarters on the Chinese border. General N'Ban La, who was then KIA chief of staff, purged a handful of senior officers who had attempted a coup against him with the aim of replacing him with then intelligence chief, Colonel Lasang Aung Wah. Since that time, Gen N'Ban La has enjoyed been hailed by his subordinates as the savior and protector of the KIO/A.

Many Kachin observers now believe that having consolidated his leadership, Gen N'Ban La will lead the organization with a new, more military-oriented policy.

As part of the reshuffle, KIA chief of staff Lieutenant-General Gam Shawng, a former deputy chair 1 of the KIC, was promoted to vice chairman 1 of the KIO. Sumlut Gam, a former KIO chief negotiator, becomes vice chairman 2. Major General Gun Maw, formerly deputy chair 2 of the KIC, was promoted to deputy chair 1. Brigadier General Zong Buk Htan becomes deputy chair 2.

The shakeup was apparently implemented to create a new political landscape within the KIO and beyond.

What's in Store for 2018?

According to a statement released by the KIO on Dec. 30, the group plans to consult the Kachin public and seek its input on a new set of policies.

After pulling out of the United Nationalities Federal Council (UNFC), the KIO allied itself with another set of ethnic armed groups in the FPNCC. Gen N'Ban La holds the position of deputy chair in the bloc. The FPNCC is an alliance comprising the United Wa State Party (UWSP), Kachin Independence Organization (KIO), National Democratic Alliance Army (NDAA), Shan State Progress Party/Shan State Army-North (SSPP/SSA-N), Ta'ang National Liberation Army (TNLA), Kokang Myanmar National Democratic Alliance Army (MNDAA) and Arakan Army (AA).

The KIO will continue to support the FPNCC's policy regarding Myanmar's peace process. The bloc has said that if invited it would attend the third session of the 21st Century Panglong Peace Conference initiated by State Counsellor Daw Aung San Suu Kyi, scheduled to be held later this month, possibly next month. However, fighting between the Tatmadaw (Myanmar's military) and the KIA has escalated of late, with no end in sight. Most recently, the Tatmadaw has staged attacks on several KIA battalions and outposts with ground forces, artillery and airstrikes, particularly in the amber-rich Tanai area in western Kachin State.

In fact, 2017, which the National League for Democracy-led government had promised would be a year of peace, turned out to be a year of suffering for many, with the government failing to address the Rakhine crisis and seemingly endless civil conflicts.

Once, while being interviewed by journalists after participating in the opening ceremony of the  second session of the 21st Century Panglong Peace Conference and privately meeting with Daw Aung San Suu Kyi in Naypyidaw, Gen N'Ban La claimed that "We [the KIO] never do an unsuccessful thing."

In 2018, we will have to wait and see whether he can lead the KIO to negotiate with the military and the government to bring peace to Kachin State.

Joe Kumbun is the pseudonym of a Kachin State-based analyst.  

The post Analysis: KIO Kicks Off New Year with New Leadership appeared first on The Irrawaddy.

Regional Minister Impeached in Rakhine

Posted: 02 Jan 2018 03:16 AM PST

Rakhine State Parliament voted to strip state Municipal Affairs Minister U Min Aung of his duties on Tuesday.

During the parliamentary session, the proposal to impeach the minister passed with 37 of a possible 45 votes, the other eight opposed.

Minister U Min Aung tried to explain during the session on Tuesday that information collected by an investigation team looking into his performance was unlawful.

However, U San Kyaw Hla, the state Lower House speaker, stopped him and said that as he was no longer the minister he did not have permission to issue a complaint. The speaker added that the decision was made according to the law and that the investigation team had carried out its duties lawfully.

U Min Aung, who also serves as spokesman for the state government, was appointed by the National League for Democracy to serve as regional municipal affairs minister two years ago.

In November 2017, 17 members of the state Parliament from the Arakan National Party (ANP), the National League for Democracy (NLD) and the Union Solidarity and Development Party (USDP) lodged a complaint against U Min Aung that claimed that the minister had not properly consulted on the state budget.

In early December 2017, Rakhine State Parliament formed an investigation team to look into whether the minister had failed to perform his duties, as lawmakers claimed.

In the Rakhine Parliament, nine seats are held by the NLD, three by the USDP, 21 by the ANP, one by an independent and 12 are reserved for the military.

The post Regional Minister Impeached in Rakhine appeared first on The Irrawaddy.

Ten Things to Do in Yangon This Week

Posted: 01 Jan 2018 09:43 PM PST

Yangon Discount Fair 2018 | Jan. 4-7

A wide variety of consumer goods will be on sale at special discount prices.

Jan. 4-7, 9 am to 5 pm. Tatmadaw Hall, U Wisara Road.

Independence Day Games | Jan. 4

Telecom operator Ooredoo will organize games along with a performance by chart-topping singers Ye Lay, Ni Ni Khin Zaw, Sophia and more.

Jan. 4, 3 pm to 9 pm. Thakhin Mya Park.

Book Sale | Dec. 29-Jan. 7

Seikku Cho Cho will sell books at a discount at its shops across Yangon and Mandalay.

Dec. 29-Jan. 7, Seikku Cho Cho bookshops.

 

Children's Literature Festival | Jan. 6-8

There will be books for children plus fun and games at this event.

Jan. 6-8, No. 6 Basic Education High School (St Paul), Botahtaung Tsp.

 

Independence Movement International Film Festival | Jan. 3-5

Films on the struggle for independence in Myanmar, Vietnam, Ireland and Korea will be screened.

Jan. 3-5, 1 pm. Myanmar Motion Picture Association, No. 16, Wingabar Street, Bahan Tsp.

 

Jazz Under the Stars | Jan. 3

Jazz music will be played at a rooftop bar and lounge.

Jan. 3, 8 pm. Atlas Rooftop Bar & Lounge, 84 Pan Hlaing Road, Sanchaung Tsp. Free event, reservations at 09-767419413.

The Children's Choir of the Paris National Opera | Jan. 6

The choir's recordings range from classical to contemporary repertoires, Mozart to Britten, Pergolese and Vivaldi, all the way to opera rock.

Jan. 6, 6 to 8 pm. The Strand Hotel, Strand Road, Botahtaung Tsp. Tickets available at 01-243377

 

Myanmar Contemporary Art Exhibition | Dec. 26-Jan 21

A group art exhibition of 19 artists will feature contemporary paintings.

Dec. 26-Jan. 21, Gallery 65, No. 65, Yaw Min Gyi Road, Dagon Tsp.

The Harmony of Freedom | Jan. 4-8

The exhibition subject of retired professor Aung Kyaw of the National Culture and Fine Arts University is freedom.

Jan. 4-8. OK Art Gallery, Aung San Stadium (North Wing).

 

Contemporary Traditional Art Exhibition | Jan. 3-7

More than 20 artists will take part in this exhibition featuring contemporary traditional arts.

Jan. 3-7. Myanmar Artists and Artisans Association (Central), Bogyoke Market.

The post Ten Things to Do in Yangon This Week appeared first on The Irrawaddy.

Fugitive Vietnamese Businessman Detained in Singapore, Lawyers Say

Posted: 01 Jan 2018 09:18 PM PST

SINGAPORE — A real estate developer wanted by Vietnamese authorities amid a crackdown on corruption has been detained in Singapore, lawyers representing him said on Tuesday.

Phan Van Anh Vu, 42, was detained in Singapore on Thursday at the Tuas border checkpoint as he tried to leave for Malaysia, said Remy Choo, who said he had been engaged by Vu’s family to represent him but had not yet been able to contact him.

Vietnam’s Ministry of Public Security said last month it was seeking the arrest of Vu, a major property developer in the central city of Danang, where the local leadership was shaken up after corruption accusations last year.

Vietnamese media quoted police as saying Vu was wanted for revealing state secrets. They did not say what these related to or whether that was linked to his role as a property developer.

Choo said Vu had applied for asylum in a European country.

Another lawyer retained by the family, Foo Chow Ming, said: "I am now trying to obtain access to see Mr. Vu, who is held in remand."

Singapore's Immigration and Checkpoints Authority did not respond immediately to a request for comment.

Vietnam's Foreign Ministry also did not respond immediately to a request for comment on Vu's detention in Singapore and whether Hanoi had sought his extradition.

Singapore has close diplomatic and trade ties to Vietnam. This year, Singapore is also chairing the regional Association of Southeast Asian Nations grouping, which has sought to strengthen regional cooperation on all fronts.

Dozens of Vietnamese officials and business figures have been arrested in a crackdown on corruption that has gathered pace since the security establishment gained greater sway in the ruling Communist Party in 2016.

The crackdown grabbed world headlines last year when Germany accused Vietnam of kidnapping a former oil executive to return him home to face trial.

The post Fugitive Vietnamese Businessman Detained in Singapore, Lawyers Say appeared first on The Irrawaddy.

Detained Cambodian Opposition Leader Calls for Free and Fair Vote

Posted: 01 Jan 2018 08:30 PM PST

PHNOM PENH — Cambodia's detained opposition leader Kem Sokha called for free and fair elections in the Southeast Asian country in a New Year's message on Monday.

Kem Sokha, head of the banned opposition Cambodia National Rescue Party (CNRP), was arrested in September.

He is accused of trying to overthrow the government of strongman Prime Minister Hun Sen with American help and of espionage – charges he denies and says are politically motivated.

In a two-page letter read by his daughter Kem Monovithya and posted on Facebook on Monday, Kem Sokha said Cambodia faces losing aid and its export markets abroad as well as condemnation by the international community after the CNRP's dissolution.

"Leave an opportunity for people to choose leadership representatives through an election that is free and fair," Kem Sokha said, calling for national unity and non-violence to solve the political crisis.

His message comes amid an ongoing crackdown by Cambodia's government on critics, civil society groups and independent media that rights group say amounts to the destruction of democracy.

Kem Sokha's CNRP was dissolved by the Supreme Court in November at the request of the government. The decision also banned more than 100 opposition lawmakers from politics.

That prompted the European Union and the United States to withdraw their support of the 2018 election.

Cambodia will hold a general election on July 29. Hun Sen has vowed to extend his more than 30 years in power by at least another decade.

Kem Sokha said 2017 was marked by big political crises that led to a "democracy walked backward."

A spokesman from Hun Sen's ruling party, Sok Eysan said there was little interest in Kem Sokha's new year message, adding that opposition politicians could create a new party.

"They have the political rights as citizens … to create a new party to compete," Sok Eysan told Reuters.

The post Detained Cambodian Opposition Leader Calls for Free and Fair Vote appeared first on The Irrawaddy.
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