Wednesday, January 24, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

Police Open Case into Sittwe Protest Against Mrauk-U Police Shootings

Posted: 24 Jan 2018 06:45 AM PST

YANGON — Moe Zaw Thu, head of the No.1 police station in the Rakhine State capital of Sittwe, told The Irrawaddy on Wednesday that local police have opened a case into five Arakanese men for violating the Peaceful Assembly Law while protesting in front of the state government office last week.

The five men held a protest in Sittwe on Jan. 17 accusing police of using disproportionate force to put down a protest in the ancient northern Rakhine city of Mrauk-U the day before and demanding a transparent investigation. Police fire left seven people dead and 12 wounded.

Moe Zaw Thu said anyone planning a protest must by law ask authorities for permission at least 48 hours in advance and that the township police major can take action against those who fail to do so. He said protesters accused of failing to follow the law would also be branded fugitives if they evade authorities.

The police officer said authorities can grant suspects bail and that the penalty for those found guilty was usually a three-month prison sentence or a fine of 30,000 kyats. He declined to name the suspects in the Sittwe protest because the case was still under investigation.

Khine Thurein, one of the Jan. 17 protesters in Sittwe, criticized the investigation. He said it contradicted the spirit of remarks by State Counselor Daw Aung San Suu Kyi following the deaths in Mrauk-U expressing concern that the spread of racial hate speech between ethnic Rakhine and Bamar could further divide the two communities.

"The government and all the people who hold power need to review their approach if they really want to properly address the problems in Rakhine State," he said.

Khine Thurein said more arrests could directly impact the stability of Rakhine State and would only make matters worse. He suggested the government focus on rebuilding trust with the Rakhine community first.

"The conduct of the government is forcing Arakanese townsfolk to choose a rebel path," he added.

On Tuesday the state government arrested eight people at a Sittwe hospital being treated for gunshot wounds sustained during the police crackdown on the Jan. 16 protest in Mrauk-U. Four others wounded in the same protest left the Mrauk-U hospital where they were being treated early fearing their own arrests.

On the afternoon of Jan. 16, hundreds of Mrauk-U residents took to the streets to protest the government's last-minute ban on celebrating the 233rd anniversary of the fall of the Rakhine Dynasty. Mrauk-U authorities originally allowed anniversary events to proceed, but the State Border Affairs Ministry overruled the permit and instructed the organizers to apply again.

Rakhine State Chief Minister U Nyi Pu has told reporters that the government would arrest the Mrauk-U protesters and those who organized a preceding lecture for violating exiting laws. Mrauk-U resident Ko Tun said the warning has driven dozens of locals to flee the city.

A group of activists has meanwhile applied for permission to hold a mass rally in Kyauk Taw Township next week to condemn the police shootings in Mrauk-U. They are hoping to draw some 1,500 people.

The post Police Open Case into Sittwe Protest Against Mrauk-U Police Shootings appeared first on The Irrawaddy.

Irrawaddy Region Approves New Agriculture Minister

Posted: 24 Jan 2018 04:01 AM PST

PATHEIN — The Irrawaddy Region Parliament has approved the appointment of U Tin Win Aung, a retired department director with the national Ministry of Agriculture and Irrigation, as the regional minister for agriculture, livestock, natural resources and environmental conservation.

U Tin Win Aung was nominated by the Irrawaddy Region's new chief minister, U Hla Moe Aung, during the second day of the regional Parliament's emergency session on Tuesday. His appointment to the busiest ministry in the region was confirmed on Wednesday, after no lawmakers raised objections.

The 63-year-old will succeed U Ba Hein, who resigned in early January citing health problems.

"I will try as much as I can to fulfill the requirements of farmers. I will try to bring about notable success over the next three years," U Tin Win Aung told The Irrawaddy.

"In order to reduce poverty, we need to work for the economic development of our region. There are many ways to develop an economy, but for our region we will focus on the agriculture industry as we already have good foundations for this," U Hla Moe Aung told Parliament on Tuesday during his swearing-in.

U Tin Win Aung graduated with a degree in agriculture from Yezin Agriculture University and, beginning in 1980, spent 35 years worked at the Ministry of Agriculture and Irrigation.

He served as manager of the Pathein District Agriculture Department and deputy manager of the Irrawaddy Region Agriculture Department from 2004 to 2006. From 2007 to 2012 he served as Agriculture Department manager in Mon State and Yangon Region.

He served as director of crop protection at the Naypyitaw Agriculture Department in 2012 and retired in 2015 at the age of 60.

U Tin Win Aung said he would give priority to providing farmers with adequate equipment during harvest.

"Crop prices usually decline after harvest, and growers do not know where to sell their crops. I will try to solve this problem by facilitating coordination among concerned departments," he said.

"There is waste during harvest because of climate change," he added. "To prevent this, we will enable growers to use harvesters on a wider scale. We'll also invite private companies for this. And we will try to supply good paddy strains."

U Win Tin Aung is set to take the oath of office on the fourth day of the Irrawaddy Region Parliament's emergency meeting, after President U Htin Kyaw confirms his appointment.

Translated from Burmese by Thet Ko Ko.

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Mandalay University Students Protest Lack of Education Funding

Posted: 24 Jan 2018 02:50 AM PST

MANDALAY – For the first time under the current government, students from Mandalay's Yadanabon University have opened a protest camp on the university's campus calling on the government to increase the national education budget.

The protest began on Monday, led by the Yadanabon University Student Union, and was joined by dozens of students from universities in nearby towns on Wednesday.

The student protest was sparked by the Defense Ministry's Jan. 16 request that Parliament increase its budget, which is already higher than the education and health budgets combined.

"The education budget was increased a bit after the student protests back in 2015, but it is still lower than the defense budget. Why?" said Ko Kyaw Thura Ye Kyaw, president of the student union.

"The education budget is very important for the country, so we are here to urge the government to increase it," Ko Kyaw Thura Ye Kyaw said.

Apart from a general increase in education spending, the student protesters called for hostels to be built on campus and support in acquiring educational materials.

"There's no hostel for students at our university. Students coming from distant places have to rent rooms nearby. This costs us a lot and offers no security at all," the student leader said.

The teachers unions at Yadanabon University and Mandalay University condemned the protest.

"Our country has many security issues, including the conflict in Rakhine State, so they should not be protesting like this," said Daw Pa Pa Sein, a member of the Yadanabon University Teachers Union's central committee, at a press conference at the university on Tuesday.

"We also seek an increase in the education budget. But staging a protest on the campus is not the solution. It is disrupting classes," Daw Pa Pa Sein said.

However, the Central Association of University Teachers Unions issued a statement condemning the stance of the teachers at the two Mandalay universities.

"Blaming the protesting students instead of offering guidance is a violation of the teachers' duty. We urge the government and the responsible authorities to negotiate with the protesting students peacefully," the statement reads.

Speaking to media on Tuesday, Yadanabon University rector Dr. Maung Maung Naing described the protesters as acting illegally by using loudspeakers and encouraging other students to join them.

"We invited representatives of the Ministry of Education to talk with them. However, they were not satisfied with this and continued the protest. If they don't stop, we will have to handle the situation according to the law," Dr. Maung Maung Naing said.

The protesting students claimed university authorities unfairly accused them of being rebel students who threaten the peace and stability of the campus. They said they broke off talks with the ministry representatives after the university forcibly collected signatures from other students condemning the protest.

"Forcing [students] to sign a condemnation of our protest amid the discussion is dishonest and only drives us to continue the protest, while barring us from roundtable discussions," said Kyaw Thura Ye Kyaw.

"We are going to stay right here inside the university compound until we can discuss the issue of the education budget with Union-level officials. If the government or the authorities want to arrest us, we will act peacefully," he said.

The post Mandalay University Students Protest Lack of Education Funding appeared first on The Irrawaddy.

Court Dismisses Peaceful Assembly Charges Against Karenni Protestors

Posted: 24 Jan 2018 12:51 AM PST

CHIANG MAI, Thailand — The Loikaw Township court on Tuesday dismissed the lawsuits against three men from Karenni (Kayah) State who were detained on Jan. 19 and sued under Article 19 of the Peaceful Assembly Law

Khun Bee Du, chairman of the Kayan National Party, Khun A-Than, a central committee member of the Kayan New Generation Youth, and Khu Tu Reh, chairman of the Karenni State Farmers Union, were sued and detained last Friday for leading protests two weeks earlier on Jan. 5 in which they showed their solidarity with five other protesters who were sentenced to 20-days for demonstrating without informing the police 48 hours in advance.

On Wednesday morning, the five men from the Karenni State Youth Union and Karenni State Farmers Union were released from Loikaw prison after serving their terms.

Protesters demanded the truth and government action regarding Myanmar Army (Tatmadaw) killings of civilians last month. The string of protests began Dec. 22, two days after the Tatmadaw's alleged arbitrary killing of a civilian and three soldiers from the Karenni National Progressive Party (KNPP).

The KNPP said its soldiers and a civilian were executed during a Dec. 20 raid on the KNPP's camp in Loikaw by troops from the Tatmadaw's Regional Operations Command. The bodies of the dead were burned and the remaining ashes were given back to the KNPP on the following day. But the Tatmadaw claims the four were killed in a firefight during the raid.

This week, the Karenni State government and Loikaw elders, including the ethnic armed organization (KNPP), were in talks to drop charges against the protesters, said Khun Be Du, the chairman of the Kayan National Party.

He told The Irrawaddy on Wednesday that the court ordered the dismissal of their lawsuits on Tuesday.

Following their releases, Khun Be Du and the other two men also held talks with the government, including the Karenni State security and border affair minister and public prosecutor in regards to their cases and further charges against 12 additional men for protesting on Jan. 19. Authorities agreed not to proceed with the lawsuits.

"We demand action against the perpetrators and the release of any progress in the investigation of the Tatmadaw in this case, which the state government has agreed to," said Khun Be Du.

The Tatmadaw’s internal tribunal on the murder case was carried out but no information has been released regarding the investigation as of yet.

"The government has a responsibility to share its findings," said Khun Ye Min Kyaw, first secretary of the Karenni State Youth Union, one of the five men who was freed on Wednesday.

He told The Irrawaddy that the men "continue to fight for the truth" and that "if the civilian government keeps oppressing the people, the truth seekers will continue coming out."

The post Court Dismisses Peaceful Assembly Charges Against Karenni Protestors appeared first on The Irrawaddy.

IDPs Flee Camp During Ongoing Clashes in Kachin

Posted: 23 Jan 2018 10:45 PM PST

YANGON — Internally displaced persons (IDPs) have fled from their camp in Kachin State's Sumprabum after artillery shells from clashes between the Kachin Independence Army (KIA) and the Myanmar Army fell near the camp.

About 1,000 IDPs have fled from Ndup Yang Camp after clashes continued for about five days near the camp, said Father Vincent Shawng Lawn of the Justice and Peace Commission of the Sumprabum Catholic Church.

Ndup Yang Camp is located more than 22 miles from Sumprabum in an area controlled by the KIA.

"Their camp is the on the bank of the Malikha River, and Tatmadaw [Myanmar Army] troops are deployed on the opposite bank. They can see each other. As the Tatmadaw fired artillery shells, they fell near their camp. So, they fled out of fear," he said.

A total of 260 households consisting of 949 people were taking shelter at the camp, and all of them have fled since Sunday following the clashes, he said, adding that their whereabouts are still unknown.

IDPs phoned him when they started to flee and said that they needed shelter and food. But he has since then lost contact with them as they are out of the reach of the mobile network, he said.

"I can do nothing, except inform humanitarian groups about it. I can't reach the IDPs and they have not yet phoned me again," said Father Vincent Shawng Lawn.

"We heard that clashes have been going on for about a week," said a woman from Sumprabum who asked not to be named.

There have been sporadic clashes since 2015 in the surrounding areas and Tatmadaw troops allow vehicles to get in and out of the town only between 6 a.m. and 6 p.m., she said.

The Irrawaddy was not able to contact the Northern Command of the Myanmar Army or the KIA to ask about the military situation in Sumprabum.

Ndup Yang Camp was established in 2015 to shelter villagers of Mali Yang who fled the clashes between the Myanmar Army and the KIA near their village.

Kachin civil society organizations have since then provided food for them through the World Food Program.

Renewed clashes between the Myanmar Army and the KIA in June 2011 forced more than 100,000 local residents from their homes to camps.

Translated from Burmese by Thet Ko Ko.

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Analysis: A Week after Deadly Mrauk-U Crackdown, Serious Questions for Government

Posted: 23 Jan 2018 10:28 PM PST

YANGON – Father of four U Thant decided to flee Mrauk-U General Hospital before the gunshot wounds to his calf had fully healed, after hearing that authorities planned to arrest him for taking part in a protest last Tuesday. Seven people were killed and 12 severely wounded when police opened fire on the protesters.

U Thant was one of four seriously injured protesters who had been receiving medical treatment at the hospital since last week. He was the last of the four to flee. Eight other injured protesters were taken to Sittwe Hospital.

"The doctor had suggested I remain in the hospital until [Wednesday] but I left today [Tuesday]. I don't want to stay and be arrested, as I did nothing wrong," said the casual laborer.

How the riot began

Last Tuesday, U Thant returned from working in a rice field on the outskirts of Mrauk-U to join an event scheduled for 6 p.m. commemorating the 233rd anniversary of the fall of the Arakan Dynasty. A local charity group organized the event and announced that prominent Arakanese politician U Aye Maung would deliver a literary lecture.

(The day after the riot in Mrauk-U, U Aye Maung was arrested for allegedly speaking in support of the Arakan Army (AA) and stoking anti-Burman sentiment in Rathaedaung Township in recent months.)

By the time U Thant reached downtown Mrauk-U, the event had already drawn a huge crowd as word spread that authorities had canceled the organizers' permit. The ancient city of Mrauk-U, the former capital of the Arakan Kingdom ruled by Maha Thamada Razar, was conquered by the Burmese Konbaung Dynasty in 1784. More than two centuries later, Mrauk-U residents revived annual commemorations of the event under the Thein Sein government administration.

"I have no idea about politics; I just went there to listen to the lecture," U Thant said.

As in previous years, the event's organizers applied for a permit for the event from Mrauk-U's Department of Archaeology and Cultural Heritage Conservation. The department approved the proposal on Jan. 8, and three days later the organizers officially requested that police provide security guards for the event.

In a surprise order dated Jan. 15, Rakhine State Border Affairs Minister Colonel Phone Tint banned the memorial event and instructed the organizers to resubmit their application for a permit, citing the law on peaceful assembly. Almost immediately after this, Archeology Department Director U Nyein Lwin informed the group that the department's permit for the event had been superseded by the minister's order.

Angered by the decision, hundreds of attendees — including many from rural areas — began a march to the police station at around 7 p.m. The rally was immediately joined by thousands of people, including schoolchildren and young women.

After a 30-minute walk from downtown to the District Administration office on the outskirts of the town, the crowd arrived at the police station, which is situated near the administration compound.

"No one tried to stop the mass gathering as it moved along the road," recalled Maung Aung Naing, one of those wounded in the subsequent police crackdown.

He recounted seeing policemen and protesters negotiating for almost 20 minutes near the entrance to the police station. Officers told the protesters that the ban had been ordered by district administrative officials and allowed the crowd to proceed to the administration office.

Witness testimony

At about 9:30 p.m., protesters began chanting "The lecture must be allowed!" "Freedom for Arakan State!" and "Those who banned the literature lecture are our enemy!" in front of the offices. Soon after, a rumor quickly spread among the crowd that authorities had detained some local residents inside the offices.

When a group of young men carrying stones breached the fence and entered the government compound, warning shots rang out from the office in front of the crowd. But then, unexpectedly, four of five armed policemen emerged from the police station directly behind the protesters and started shooting directly into the crowd, according to witnesses.

"They fired from right behind us. I was on the street, not in the office compound. A bullet hit someone and then another one hit my left calf. People threw themselves on the ground; some were wounded. Some people tried to help the victims but police fired on the crowd again," Maung Aung Naing said.

This account was confirmed by two other protesters who were injured, including Kyaw Khaing Win, 27. He said he heard a series of shots coming from the direction of the police station and saw four protesters fall to the ground.

In the hospital operating room later, Kyaw Khaing Win saw a bullet that had been removed from his buttock. "The head of the bullet had a copper color," he said.

The street near the entrance of the Mrauk-U district administrative office where rioters were shot dead by police.
(Photo: U Khine Moe/ Facebook)

Contradictory accounts

The testimony of the survivors conflicts in many points with an announcement from the Myanmar State Counsellor Office's last week. According to the statement, authorities banned the lecture at 6 p.m. on Jan. 16, and an audience of about 400 people grew angry when the power to the venue was cut off.

One hour later, according to the statement, several hundred Mrauk-U residents walked around the city demanding the lecture be allowed to proceed. The rally rapidly swelled to around 5,000 people and marched to the district administration office along the Sittwe-Yangon Highway at about 8.30 p.m. Within half an hour the crowd had grown to almost 10,000 people, the statement said.

It also claimed that district authorities used megaphones to try to disperse the crowd about 15 times. Some protesters attempted to grab firearms from two policemen, it said, and about 4,000 rioters entered the government administration office compound and destroyed state property. As the situation was now unmanageable for the 30 police officers present, they fired 10 rounds into the crowd, according to the statement.

Online observers questioned how 10 rounds could leave seven protesters dead and 12 injured.

U Thant said, "As far as I remember, dozens of people entered, not 4,000 people. It's totally impossible, the space isn't big enough. They are exaggerating the number."

According to the three survivors interviewed by The Irrawaddy, four or five rioters would not have died on the spot unless police had fired into the crowd multiple times. They also recalled seeing rioters with head injuries, as if they had been struck by rifle butts. The victims rejected the government's account, saying it included exaggerations and caused false information to be spread.

Maung Aung Naing, 19, said, "They never used megaphones. I was hit when I tried to pick some injured men off the ground. It was horrible; I've never seen anything like it in my life."

"We were empty handed, but they shot at us," he said, adding that there were some police in the district office in front of the crowd, but the shooting came from behind the crowd. "I remember very well [the shots] came from right behind us," he said.

It's still unknown who verbally ordered the disproportionate response to the protest in Mrauk-U, beyond Col. Phone Tint's warning that authorities would "take action against violators in line with the law." Local news outlets reported that the order to fire on the protesters was given by local authorities rather than the border affairs minister. Rakhine civil society groups raised questions about how authorities could so easily have made a determination to open fire in a peaceful region that is not unstable like border towns such as Maungdaw district.

Failure of prevention

Responding to the brutal crackdown, Lower House lawmaker U Oo Hla Saw of Mrauk-U constituency said the government's account was completely at odds with reality. He said the protesters had in fact marched for more than a mile-and-a-half from downtown to the district administration office on the outskirts of Mrauk-U.

The lawmaker said the Mrauk-U police office is located before the entrance to the district administration office, so police should have been able to prevent the rally by using anti-riot procedures such as erecting police barricades and barbed wire fencing, and deploying fire engines with water cannon. Even if these measures had failed, he said, police could have used tear gas to disperse the crowd.

"The Rakhine State government tried to justify the actions at a press conference yesterday by saying they had not expected such a big crowd. This is a very childish response," U Oo Hla Saw said.

He pointed out that everyone knew where the mass protest was heading. The government also accused rioters of pulling down the Myanmar flag and hoisting the Arakan national flag at administration office. Under existing law, the national flag must be raised and lowered every morning and evening in line with office hours.

"The Rakhine Chief Minister is speaking mindlessly in order to protect officials. He knows nothing; the official account is utterly ridiculous," the lawmaker said.

Shan National League for Democracy (SNLD) secretary Sai Nyunt Lwin said police should have taken steps to prevent the crowd from getting bigger. But Myanmar is no stranger to repression, he added, saying it rears its head periodically in different forms across the country.

He gave the example of the alleged quadruple homicide of Karenni National Progress Party (KNPP) members by Army troops in Kayah State in December. The case has yet to be brought to court despite protests by Kayah activists. In fact, the state's civilian elected government moved quickly to arrest the activists, while showing no progress in the investigation into the alleged killings.

"There were no such incidents [as occurred in Mrauk-U] during ex-president Thein Sein's administration, though they did crack down on riots, such as the Let Pan Daung protest and protests by students," U Oo Hla Saw said.

"This is a stain on history and [the fallout] will not easily be resolved," a senior SNLD senior official remarked.

Independent investigation

U Oo Hla Saw has called on the government to establish an independent investigation team, made up of respected persons from human rights organizations, government officials and parliamentarians, as well as community leaders, to probe the police's handling of the incident.

"The problem will only get bigger if the government keeps trying to hide the wrongdoings of local authorities. By 'bigger' I mean the Rakhine public will lose confidence in the government, which could harm the stability of Rakhine as well," the lawmaker said.

On Monday, the Rakhine State government held a meeting with civil society groups and community leaders in Sittwe. The CSO representatives asked Chief Minister U Nyi Pu to form an independent investigation team. The chief minister said the state government had limited power to do so, and the demand would be evaluated by the Union government.

"I promise to do my best to solve this issue. I am ready to face punishment if I fail in my duties and responsibilities, and in addressing wrongdoings in this matter," U Nyi Pu said.

It remains unclear, however, whether the Union government will form an investigation team, as a spokesman for the President's Office, Zaw Htay, previously told The Irrawaddy that the Ministry of Home Affairs would handle the case.

"The deaths of seven people is a big deal; I am astonished by the ignorance of the government. This could badly harm its reputation," U Oo Hla Saw said.

Further arrests, rumors fuel fears

While it has yet to open an inquiry, the Rakhine government on Tuesday morning arrested eight wounded protesters being treated in Sittwe Hospital. Security has been tightened, especially in Kyauktaw, Sittwe and Mrauk-U townships, amid growing rumors that the Arakan Army attacked government officials and were the perpetrators behind the Mrauk-U killings.


The last one: Family members of wounded protesters detained by police arrive at the hospital in the Rakhine State capital, Sittwe.(Photo: Ye Kyaw Thu/ Facebook)

These rumors and unconfirmed reports have spread quickly. School teacher Ko Tun told The Irrawaddy that residents are extremely worried about being detained after the Rakhine State chief minister vowed to seize the leader of the charity group that organized the lecture.

"Parents won't even let their children out of the house to go to school. Since last week, the streets have been deserted and the teashops are empty by around 10 p.m." The teacher added that "people are saying that fighting between the AA and government troops is about to escalate."

The post Analysis: A Week after Deadly Mrauk-U Crackdown, Serious Questions for Government appeared first on The Irrawaddy.

Forum Helps Netizens Fight for their Digital Rights

Posted: 23 Jan 2018 10:10 PM PST

CHIANG MAI, Thailand — The second Myanmar Digital Rights Forum in Yangon last week was a chance for tech heads from Myanmar and neighboring countries to share their thoughts and concerns about internet privacy and freedom of expression.

The two-day forum, on Jan. 18 and 19, brought together more than 130 participants from civil society, government, media and tech companies including global giants Microsoft and Facebook.

Daw Ei Myat Noe Khin, a program associate for Pandeeyar, a local technology hub that co-hosted the event, spoke with The Irrawaddy afterward about some of the challenges of the digital age and why netizens need to be aware of their rights.

What were the goals of the second Myanmar Digital Rights Forum?

We gathered to share our opinions about what the priorities for the digital rights movement should be in 2018. We had the first Digital Rights Forum in December 2016 and the action plan we set afterward was carried out. So this year we thought not only about civil society groups like us, but about also having the government, media institutions and private technology companies come together to collaborate on a movement for better digital rights in Myanmar.

What activities did you plan for during the forum?

We will focus on three priorities in 2018. The forum mainly focused on equal access to the net, freedom of expression and the privacy of online data.

Based on these three priorities, we narrowed down our plan of action. We want further development of e-government and more access to data on government websites for every user, including disable people, women and ethnic communities. We also discussed the use of a standard Unicode for Myanmar as a whole and supporting the Unicode Migration Plan, including ethnic languages.

Regarding freedom of expression, we shared the view that it would be better to get access to digital information. In addition to having easy access to this information, the government should adopt a right-to-information law that promotes digital information, protects digital rights and repeals Article 66 (d) of the Telecommunication Law. There is also a need to provide digital literacy to the people using both informal and formal methods, including to lawmakers and judges. It is also important to adopt legislation protecting users' data privacy and to create a lawful interception [of telecommunications] framework.

Providing wider awareness to internet users about protecting their data privacy and data security is also one of the key issues we discussed.

Every stakeholder pointed out that the government needs to conduct more public consultations with relevant organizations before they enact any new legislation. When it prepared the amendments to the Telecommunication Law, the government did not fulfill its promise to hold public consultations. Whether the government is planning new legislation or drafting it, the process must include adequate discussion. If the government just rushes to approve the law or to amend the law, it will not bring any good results.

What issues did the participants want to talk about?

When we talk about digital, some people only think about computers and they think digital rights are not related. But this year we found that many CSO [civil society organization] representatives joined the forum because they have become interested in this issue. And not only from Myanmar. Participants came from Southeast Asian countries and other Asian countries such as India, Pakistan and Sri Lanka. Our situation is similar to that of other countries in ASEAN. We have the Article 66 (d) issue, and the Philippines and Thailand have similar sections [that restrict freedom of expression]. Myanmar is moving toward having digital rights. If necessary, the digital rights movement has to develop as an ASEAN bloc.

Why do we need legislation to protect our online data privacy?

We asked the government to think about adopting a data protection law and about how they can protect users' privacy and data online. During our privacy panel, we also talked about who is responsible for data security. The government has the responsibility to create a [lawful interception] framework. The private companies also need to think about providing privacy as a default.

What are the impacts of the [Law Protecting the Privacy and Security of Citizens] enacted last year?

Sections similar to Article 66 (d) of the Telecommunication Law are in that law. We have laws that are overlapping. And there are no specific definitions, and the meanings are broad. These are causing problems at the moment.

Any new law should be precise if enacted. If the meaning is too broad, anyone can interpret it to fit their interests. When the draft law came out, CSOs asked that it not be enacted in a hurry and pushed for more public consultations. Pandeeyar's partner organizations tried to meet with the drafting committee but failed.

We continue our demands to revoke Article 66 (d) of the Telecommunication Law. It severely hinders freedom of expression and the fight against corruption.

How careful should internet users be with their privacy?

Some people think they don't need to take control of their privacy. They say they have nothing to hide so there is no need. But privacy control is not about hiding; it is about controlling how much we want others to know. We need to know what information is being taken. Everyone needs to think again.

If we are prepared to protect our privacy, it is better. We need to register our information whenever we use social media services such as Facebook. It is not all free — we have to exchange data, so we have to think about what to publicize.

If we are going to download an application, we are asked to share our information. Some applications do not need to know all of our private data, but we ignore that and just provide our data. So we are providing our data without really needing to. We can control this.

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Police Sought Secrets Act Probe of Reuters Reporters an Hour After Their Arrest

Posted: 23 Jan 2018 09:53 PM PST

YANGON — Myanmar police sought permission from the nation’s president to go ahead with an investigation into whether two Reuters journalists had breached the Official Secrets Act only an hour after arresting them last month, a court heard on Tuesday.

Reporters Wa Lone, 31, and Kyaw Soe Oo, 27, had worked on Reuters coverage of a crisis in Rakhine state, where 688,000 Rohingya Muslims have fled an army crackdown on insurgents since late August, according to estimates by the United Nations.

They were detained on Dec. 12 after they had been invited to meet police officers over dinner in Yangon. The reporters have told relatives they were arrested almost immediately after being handed some documents at a restaurant by two policemen they had not met before.

The prosecution's first witness in the case, Police Lieutenant Colonel Yu Naing of Yangon’s northern district, told the court in Yangon that authorization was sought that evening from President Htin Kyaw's office to proceed with a case under the little-used colonial-era Official Secrets Act.

"The accused were arrested around 9 o'clock on the 12th, and … the letter to ask permission from the president’s office was ready at 10 o'clock," said defense lawyer Than Zaw Aung, referring to the court testimony of Lieutenant Colonel Yu Naing.

The authorization from the president’s office came through the next day, Dec. 13.

Another defense lawyer, Khin Maung Zaw, said such speed was unusual, and that typically such authorizations would be sought about a week into a probe and would be issued by a lower-ranked minister rather than the president.

Reuters contacted Zaw Htay, spokesman for national leader Aung San Suu Kyi, to ask why the case had been escalated within an hour to the president’s office. He said in a text message that he could not immediately comment.

Wa Lone and Kyaw Soe Oo last appeared in court on Jan. 10, when prosecutors sought charges against them under the Official Secrets Act, which dates back to 1923 — when Myanmar, then known as Burma, was under British rule — and carries a maximum prison sentence of 14 years.

They have been accused under Section 3.1 (c) of the act, which covers entering prohibited places, and taking images or obtaining secret official documents that "might be or is intended to be, directly or indirectly, useful to an enemy."

The prosecution witness, Lt. Col. Yu Naing, said the reporters were arrested while they were walking along a road carrying four official documents that included a listing of forces and weapons of a police battalion in the Maungdaw district of Rakhine State.

They were also found to have a report on an attack by Rohingya insurgents on a police outpost and a sketch of a map showing the post, as well as a copy of a report on the status of Rohingya villages following the military crackdown, according to a document Lt. Col. Yu Naing read out in court.

Bail Application Hearing

The Ministry of Information has previously cited police as saying the two journalists were "arrested for possessing important and secret government documents related to Rakhine State and security forces." It has said they "illegally acquired information with the intention to share it with foreign media."

Lt. Col. Yu Naing repeatedly told the court "I don’t know" when asked about the circumstances of the arrest because it was only reported to him by subordinates. He could not point to evidence that the defendants were acting for the enemy or hostile forces, defense lawyer Khin Maung Zaw told reporters after the hearing.

He has previously said that the prosecution has 24 other witnesses in the case, more than half of whom are police.

A ruling on an application for bail will be announced at the court’s next hearing, on Feb. 1, Khin Maung Zaw said.

The prosecution has objected to the request for bail.

In a statement, Reuters said: "We await the court's ruling on bail. Time is of the essence and we continue to call for Wa Lone and Kyaw Soe Oo’s prompt release. They are innocent of any wrongdoing and should be allowed to return to their jobs reporting on events in Myanmar."

The two journalists were handcuffed as they were led into the court.

Wa Lone smiled and gave a thumbs-up sign to the crowd there, which included relatives, reporters and diplomats from at least six countries and the United Nations and European Union.

During a break, the reporters received fruit from family members and spoke with them. Kyaw Soe Oo briefly hugged his two-year-old daughter.

Government officials from some of the world’s major nations, including the United States, Britain and Canada, as well as top UN officials, have called for the reporters to be freed.

"We are disappointed that, at a minimum, they have still not been granted bail," the US Embassy in Yangon said on its Facebook page. "Their arrests were highly irregular and have hurt press freedom in Myanmar. We call again for their release so they could be with their families and return to their jobs."

Former New Mexico Governor Bill Richardson said last week that he would work towards securing the release of the two journalists in his capacity as a member of an international advisory board on the crisis in Rakhine State.

He was hoping to raise the case with Minister of Home Affairs Lieutenant General Kyaw Swe during a visit to Naypyitaw this week. Asked about his efforts, he told Reuters in Naypyitaw on Tuesday: “I am working on it.”

The post Police Sought Secrets Act Probe of Reuters Reporters an Hour After Their Arrest appeared first on The Irrawaddy.

UN Urges Rethink of Rohingya Repatriations to Ensure Safeguards

Posted: 23 Jan 2018 09:07 PM PST

PALONG KHALI, Bangladesh/NAYPYITAW, Myanmar — The UN refugee agency and other groups have urged a rethink of the plan to send Rohingya refugees back to Myanmar amid fears of forced repatriations and the inability of aid agencies to ensure the safety of hundreds of thousands who fled bloodshed at home.

The calls come as Bangladesh delayed the repatriation of the largely stateless Rohingya to Myanmar as the process of compiling and verifying the list of people to be sent back was incomplete.

"In order for the repatriation to be [done] right, to be sustainable, actually viable … you need to really address a number of issues that for the time being we have heard nothing about," UNHCR head Filippo Grandi said in Geneva, noting that issues like citizenship had not been addressed.

More than 688,000 Muslim Rohingya and a few hundred Hindu Rohingya have fled to Bangladesh since Aug. 25 last year after the Myanmar military cracked down in the northern part of Rakhine State, amid witness reports of killings, looting and rape, in response to militant attacks on security forces.

US State Department spokeswoman Heather Nauert said the delay in the repatriations was a good idea and Washington was concerned about a lack of access for UN organizations.

"People can't be forced to go home when they don't feel like they are safe," she told a news briefing, adding it was only recently that the refugees had been victims of attack.

"I think everybody wants to return home in the long haul, but they want to be able to return home when it's safe to do so."

US Defense Secretary Jim Mattis said the plight of the Rohingya was even worse than media portrayals.

"This is a tragedy that's worse than anything that CNN or BBC has been able to portray," Mattis said, speaking to reporters during a trip to Indonesia.

Monitoring Mechanism

Many in Buddhist-majority Myanmar regard the Rohingya community as illegal immigrants from Bangladesh. The United Nations described Myanmar's crackdown as ethnic cleansing of the Rohingya, which Myanmar denies.

Grandi said it was important to set in place a monitoring mechanism in Rakhine for those returning and noted the UNHCR currently did not have the ability to move freely and perform this role there.

Myanmar and Bangladesh agreed earlier this month to complete a voluntary repatriation of the refugees in two years. Myanmar says it had set up two reception centers and a temporary camp near the border in Rakhine to receive the first arrivals.

Human Rights Watch, a non-government organization, said on Tuesday that Bangladesh should suspend the plan entirely as it "threatens the refugees' security and wellbeing."

The plan has sparked fears in refugee camps in Bangladesh that people may be forced to return despite a lack of guarantees around their security.

"We are not doing anything hurriedly. We are working hard to ensure their safe, dignified and sustainable return to their homeland. We'll not send anyone until a conducive environment is created for them," a Bangladeshi official, who participated in the repatriation talks with Myanmar, told Reuters on Tuesday.

He said that some 6,000 refugees, who are currently in no man's land between the two countries, were likely to be the first sent to the camps being set up in Myanmar.

Officials in Myanmar said they were ready to begin the repatriation process.

"We are right now at the border ready to receive, if the Bangladeshis bring them to our side," Kyaw Tin, minister of international cooperation, told reporters in Naypyitaw, Myanmar's administrative capital.

He said Myanmar was "prepared to receive 300 people a day" to begin with. He said the repatriation would take place five days a week, and then be reviewed after three months to see if it can be accelerated.

Myanmar's social welfare, relief and resettlement minister, Win Myat Aye, said the repatriation would take place over the next two years, "or maybe less."

"Whoever is eligible, we will accept," he said.

The post UN Urges Rethink of Rohingya Repatriations to Ensure Safeguards appeared first on The Irrawaddy.

Malaysia Says Search Resumes for Missing Flight MH370

Posted: 23 Jan 2018 08:59 PM PST

KUALA LUMPUR — Malaysia kicked off a new search for missing Malaysia Airlines Flight MH370 on Monday, its civil aviation department said.

The aircraft disappeared en route from Kuala Lumpur to Beijing in March 2014 with 239 people, mostly Chinese, on board, in one of the world's greatest aviation mysteries.

This month, the Southeast Asian nation agreed to pay US firm Ocean Infinity up to $70 million if it finds the plane within 90 days. The search vessel, the Seabed Constructor, set off from Durban, South Africa, on Jan. 3.

Reuters reported earlier on Tuesday that the Seabed Constructor had reached the remote spot in the Indian Ocean where Australian scientists believe the plane went down.

Australia, Malaysia and China called off their two-year search for the plane a year ago after finding nothing in a 120,000-sq-km underwater search zone.

The post Malaysia Says Search Resumes for Missing Flight MH370 appeared first on The Irrawaddy.

Looted Cash, Gold Help Islamic State Recruit in Philippines

Posted: 23 Jan 2018 08:50 PM PST

MARAWI CITY, Philippines — Islamist insurgents looted cash, gold and jewelry worth tens of millions of dollars when they occupied a southern Philippines town last year, treasure one of their leaders has used to recruit around 250 fighters for fresh attacks.

The military said Humam Abdul Najib escaped from Marawi City, which the militants had hoped to establish as a stronghold for Islamic State in Southeast Asia, before it was recaptured by the military in October after five months of ferocious battles and aerial bombardment.

Since then, Najib, also known as Abu Dar, has used the booty looted from bank vaults, shops and homes in Marawi to win over boys and young men in the impoverished southern province of Lanao del Sur, military officers in the area said. Hardened mercenaries are also joining, lured by the promise of money.

As a result, Islamic State followers remain a potent threat in Southeast Asia even though hundreds of militants were killed in the battle for Marawi, the officers said.

"Definitely they haven't abandoned their intent to create a caliphate in Southeast Asia," Colonel Romeo Brawner, the deputy commander of Joint Task Force Marawi, told Reuters.

"That's the overall objective, but in the meantime while they are still trying to recover and build up again – fighters and weapons – our estimate is they are going to launch terrorist attacks."

On Saturday, militants wounded eight soldiers in two attacks in Lanao del Sur, Brawner said, the first such violence since the recapture of Marawi.

In the early days of the occupation of Marawi last May, as black-clad fighters burned churches, released prisoners and cut the power supply, other militants targeted banks and the homes of wealthy citizens, commandeering hostages to help with the plunder.

"It was in the first week. They divided us into three groups with seven people each," said J.R. Montesa, a Christian construction worker who was captured by the militants.

Using explosives, the militants blew open the vaults of the city's three main banks, Landbank, the Philippine National Bank and the Al Amanah Islamic Bank, Montesa told Reuters in a town near Marawi. They trucked away the booty, easily slipping out of Marawi because a security cordon was not fully in place.

They also raided jewelry stores, pawnshops and businesses.

Landbank and Al Amanah did not respond to requests for comment. Philippine National said recovering losses because of the Marawi fighting was a concern, but did not give details.

The Islamic celebration of Ramadan was looming at the time the militants struck and banks, businesses and homes had more money than usual, said Marawi City police chief Ebra Moxsir. The Maranaos, the ethnic group that dominates the area around Marawi, are mostly Muslims.

"There was a lot of money inside the battle area," he told Reuters. "Maranaos keep millions of pesos in safety vaults in their homes. Gold, also. It is a tradition of the Maranao to give gifts of money [during Ramadan]."

Montesa said vans they loaded with the spoils of the raids were "overflowing," with money, gold and other valuables stuffed into every crevice of the vehicles.

"They were saying it was a gift from Allah. They would say 'Allahu Akbar' [God is greatest] while we were stealing."

Dangerous Regrouping

The military and police have also been accused by rights groups and by Marawi residents of looting during the conflict.

Brawner said a small number of soldiers had been disciplined for looting but the practice was not widespread.

However, the center of Marawi – home to its major banks, main market and grandest residences – was under the control of militants for months.

Brawner said authorities were unclear exactly how much was taken by the militants.

"It's hard for us to say. We have heard about 2 billion pesos ($39.4 million) but that's just an estimate."

"In the first days, when we were not able to establish that security cordon around the main battle area, that was the time when they were able to slip out with their war booty."

The government also said the regrouping of militants in Mindanao, the southern region of the Philippines that has been marred by Islamic and Communist uprisings for decades, was dangerous.

Presidential spokesman Harry Roque told Reuters: "There is always the danger of these groups regaining strength enough to mount another Marawi-like operation."

Najib is believed to have fled Marawi early in the battle. There are conflicting reports about whether he had a dispute with other leaders or left as part of a preconceived plan.

He attempted to return in August with 50-100 more fighters to reinforce the militants, who by then were losing ground, but he was prevented by an improved security cordon, said Brawner.

"According to reports, they were able to recruit another 100 to 150. So the estimate is 250 all in all, and this includes children," Brawner said. "They are trying to recruit orphans, relatives of the fighters who died and sympathizers."

Parents of children are offered as much as 70,000 pesos ($1,380) plus a monthly salary of as much as 30,000 pesos ($590) to hand over their sons to the group, according to security sources and community leaders briefed on the recruitment.

The average family income in the Philippines is 22,000 pesos per month, according to a 2015 government survey. It was about half that in the Autonomous Region of Muslim Mindanao, where Marawi and surrounding areas lie.

Brawner said local residents had told the military that the militant group was also offering bonuses of up to 10,000 pesos ($200) for killing a soldier.

Rommel Banlaoi, a Manila-based security expert, said more experienced fighters had also been recruited. These were “mercenaries” attracted by the payouts, he said, but Najib has also tapped into disaffection among Maranao angered by the destruction of large parts of Marawi by the Philippine military's bombing campaign.

"That kind of narrative is being used by ISIS to lure people to continue the fight," Banlaoi said, using an acronym for Islamic State.

Next Emir?

With the looted funds and a loyal following, Najib, could become the new "emir" of Islamic State in Southeast Asia following the death of Isnilon Hapilon in the battle for Marawi, security analysts say.

Najib is a hardened fighter and cleric who studied in the Middle East and reportedly trained with militants in Afghanistan, they say.

He co-founded Khalifa Islamiyah Mindanao, an insurgent group formed in about 2012 that launched a series of bombings in Mindanao.

"He is a very, very important person because he has been there from the start," said Banlaoi.

Najib had links to Al Qaeda, which earned him the nickname "al Zarqawi of the Philippines," a reference to the slain leader of Al Qaeda in Iraq (AQI), Abu Musab al Zarqawi. AQI morphed into Islamic State, to which Najib pledged allegiance in 2014.

According to Banlaoi, Najib worked closely with Mahmud Ahmad, a Malaysian militant believed to have died in Marawi who was the key conduit between the Philippines fighters and the Islamic State leadership in Syria and Iraq.

Banlaoi said the recruitment effort by the pro-Islamic State remnants led by Najib was "massive and systematic."

“If you are well funded, you can do a lot of things."

The post Looted Cash, Gold Help Islamic State Recruit in Philippines appeared first on The Irrawaddy.
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