Wednesday, February 28, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

Rakhine Conflict Primarily Political, Not Religious, Seminar Told

Posted: 28 Feb 2018 04:29 AM PST

CHIANG MAI, Thailand — The violence in Rakhine State is not essentially religious, but stems from the use of religion to achieve political goals, international scholars said on Wednesday.

To promote religious freedom and tolerance, and to inform the public about the ongoing conflict in Rakhine State, a public seminar titled Religions, Violence and Conflict in Rakhine State was held at Payap University in Chiang Mai, Thailand, on Wednesday with the support of the U.S. Consulate in the northern Thai city.

Acknowledging the complexity of the situation in Rakhine, the academics — many of whom have visited Myanmar and/or Bangladesh recently — shared their experiences and perspectives in an effort to better understand the conflict. The scholars participated in panels devoted to a number of topics including ethno-religious politics, the international relations dimensions of the conflict, and the Rohingya refugee crisis, as well as a follow-up discussion after a viewing of the documentary film Sittwe.

"Religion is not the problem per se [in Myanmar], but the political use of the religion" is fueling the conflict, said Dr. Rey Ty of the Christian Conference of Asia, who has visited the country multiple times in recent years.

In his talk to some 90 audience members, he laid out the different perceptions of the "Rohingya Refugee Crisis." Many in Myanmar, he said, prefer to refer to the group as "Bengali" Muslim interlopers from neighboring Bangladesh. While Myanmar sees the attacks by Muslim militant group Arakan Rohingya Salvation Army (ARSA) as acts of terrorism perpetrated by foreign-funded Islamic separatists, the international community sympathizes with the Rohingya as the "world's most persecuted minority" who are facing a "textbook example of ethnic cleansing," according to the UN. More than half a million refugees fled in the space of a few weeks as the Myanmar military, or Tatmadaw, conducted clearance operations in response to a coordinated series of ARSA attacks that killed nearly a dozen security personnel in August last year.

Due to the enormous displacement of the Rohingya, the international community has leveled a lot of criticism at State Counselor Daw Aung San Suu Kyi for remaining silent on the issue, despite her status as a Nobel Laureate and an icon of human rights and democracy.

The academics shared these concerns at the seminar but acknowledged that Daw Aung San Suu Kyi's hands are tied as she tries to reconcile with the Tatmadaw.

Dr. Rey Ty stressed the importance of achieving a "reconciliation of the opposite perceptions" of people inside and outside the country.

According to Daw Mon Mon Myat, a freelance journalist and graduate student at the Department of Peace Studies at Payap University who served as a moderator, the seminar's focus was on peace building, and the speakers' views reflected all sides.

She told The Irrawaddy that the conference came to a shared view that "the conflict is not based on religious differences between Muslims and Buddhists" as portrayed in the current international media. "It is not about religion, it is due to the opportunists who focus on their own benefits. It is due to contending between those who attempt to create political benefits and the oppressors, which led to the flight of over 600,000 [residents of Maungdaw and Buthidaung townships in northern Rakhine State]," she said.

As the participants at Wednesday's seminar included leaders of various religions such as Muslims, Christians and Sikhs and Buddhist monks, Daw Mon Mon Myat said she hoped "the message we obtain here can be disseminated to their communities through them."

US consul general in Chiang Mai Jennifer Harhigh said in her opening remarks that the United States supported advocating for religious freedom as "increasing religious tolerance can reduce the likelihood of armed conflict, violent extremism and atrocities."

"If we are not careful, religious belief, much like economic disparity, ethnicity or whole other elements, can be exploited to divide people, and to promote conflict," she said.

The seminar also screened the documentary "Sittwe" by Jeanne Hallacy, an American filmmaker and youth educator.

The film shows the views of two teenagers, a Muslim Rohingya girl and a Buddhist boy, both affected by the communal conflict in Rakhine State in 2012. The 20-minuute-long film – screened internationally in a slightly different version from the original planned for Burmese release – was blocked by government censors from being shown in Myanmar at the Yangon Human Rights Human Dignity Film Festival in June last year and to date remains banned in the country.

Nevertheless, It premiered in September at the Freedom Film Festival in Malaysia, where it won Best Southeast Asia Short Documentary, and was screened internationally in the US in November.

The organizers said their hope was that the screening of Sittwe would help raise awareness of the need for tolerance and reconciliation.

"It [Sittwe film] carries an important message, that educating our young people is absolutely critical to raise the awareness of the need for religious tolerance and to prevent the spread of religious conflict," Harhigh said.

The post Rakhine Conflict Primarily Political, Not Religious, Seminar Told appeared first on The Irrawaddy.

8 Shan Men Accused of Links to Armed Group Sentenced to Jail

Posted: 28 Feb 2018 04:19 AM PST

YANGON — A court in Shan State on Monday convicted eight Shan men accused of fighting for the Restoration Council of Shan State (RCSS), an ethnic armed group, and sentenced them to prison terms ranging from three to 10 years.

The Ho Pong Township court sentenced Sai San Sai to 10 years; Sai Peng Sa to eight; Seng Sai, Ohm Nut, Sai San and Sai Khun to seven; Sai Hla Tun to four; and Aike Ko to three.

All eight men hail from Nang Kut village in Mong Pyin district and were convicted on four charges: unlawful use of a firearm; unlawful use of a walkie-talkie, illegal import of a vehicle; and attacking the military.

The RCSS engaged the Myanmar military, or Tatmadaw, in Nang Kut in July, seizing weapons and killing some soldiers.

Sao Myawaddy, the eight men’s lawyer, claims that after the fighting the Tatmadaw went house to house seizing homemade guns and bullets. She says the Tatmadaw detained her clients in the process and beat them before handing them over to police after 10 days.

"They [authorities] did not consider any request from the victims. They even could not answer when I asked what they were being punished for in court,” she told The Irrawaddy on Wednesday. "Every local Shan has homemade guns. It is not something unusual that they should be punished for; it is their traditional practice.”

Sao Myawaddy said one of her clients was merely the driven for a Buddhist monastery where the army seized the car the court used as evidence to convict them of illegally importing a vehicle.

She said their lengthy trial, which lasted some seven months, was just theater.

"It was just a show, having public court appearances. But they had already decided how to punish these local villagers," she said.

"They tried to arrest members of the RCSS. When they could not arrest the RCSS they arrested whoever they could, so they arrested villagers," said Sai Naw Awng, a Ho Pong resident who has been in regular contact with the eight men since their arrest.

The RCSS was among the original eight armed groups to sign the Nationwide Ceasefire Agreement with the government in October 2015, but it has periodically clashed with the Tatmadaw since.

The post 8 Shan Men Accused of Links to Armed Group Sentenced to Jail appeared first on The Irrawaddy.

Conflict over Methods Stalls Restoration on Part of Historic Monastery

Posted: 28 Feb 2018 03:15 AM PST

MANDALAY – Restoration work on one portion of Mandalay's famed Shwe Nan Daw Kyaung monastery has stalled due to a conflict over the best method of reinforcing the weak and decayed floor of the building.

Experts from the World Monuments Fund (WMF) and the Department of Archaeology and National Museums have different ideas on how to proceed with the reinforcement, especially underneath the historic monastery's west veranda, causing the two teams to delay the start of restoration work.

The WMF experts have proposed using logs to reinforce the column underneath the west veranda, while department officials want to use steel pipes — an option the WMF strongly opposes.

"In general, wood and steel bracing are meant to be temporary. But they want to use these as permanent, which we cannot accept in restoration of historic wooden buildings," said Jeff Allen, the WMF's project director of preservation at Shwe Nan Daw Kyaung Monastery.

"I often try to figure out where this kind of steel pipes on historic buildings idea comes from. But in Myanmar it often is seen as the final solution for a monument. We can see examples in restoration in Bagan, done by the generals," he added.

The WMF said authorities from the department seem not to want to replace the wood, but would rather support the wooden building with steel pipes — something that violates the Fund's standards.

"Following international standards of preserving heritage [sites], we will only use wooden logs for wooden buildings, not steel pipes," Allen said.

"If we can finish Shwe Nan Daw Kyaung the correct way, it will be an example for all Burmese people about how important it is to preserve the knowledge of the past to help us solve problems today," he added.

According to the WMF, restoration of the Nayas, the mythical features that decorate the base of the monastery's columns, is ongoing. Only the reinforcement of the verandas has been halted. The standoff has been brought to the attention of the regional government, which plans to act as a negotiator between the two parties.

"If they decide to use steel pipes instead of wood, we will not do the restoration of those parts. I can understand that what we talk about and want to do is so foreign and alien, especially for conservative types of people; that is why we must be patient until they accept us," Allen said.

According to a regional government source, officials are examining the situation and plan to call a meeting of all parties involved in restoration projects at the monastery in March.

A restoration team works on wood carvings at the monastery in November 2017. ( Photo: Zaw Zaw / The Irrawaddy)

Restoration work on the monastery resumed in November after a delay of about a year due to a hold-up in grant money.

A joint project between the Culture Ministry, the WMF and the U.S. Embassy, restoration began in February 2014, funded by the WMF. The project was initially expected to take two years.

There were major delays in September 2014 due to hold-ups with the supply of teak logs that are to replace some of the monastery's decaying pillars.

Major restoration work began in January 2016, only to be suspended again due to the shortage of funds.

Further support for the preservation project came from the U.S. Ambassadors Fund for Cultural Preservation, which joined hands with Ministry of Culture.

At the time, U.S. Ambassador Derek Mitchell said the WMF, which is based in Washington, would implement the US$500,000 project, adding that the budget would also cover training for Myanmar officials and craftsmen in preservation techniques.

The Shwe Nan Daw Kyaung Monastery, a 19th-century traditional teak wood building, was originally covered with gold leaf and glass mosaics, and is known for the intricate wood carvings on its walls and roofs showing Buddhist myths. It was built as a royal chamber for King Mindon and located within the Mandalay Palace complex.

Under Mindon's son, King Thibaw, the building was moved to a site outside of the Mandalay Palace moat and turned into a monastery. During World War II, aerial bombardments destroyed most of the historic buildings inside the Mandalay Palace complex, leaving the Shwe Nan Daw Kyaung Monastery as the only remaining original structure from the 19th-century palace.

In 1996, Myanmar's Archaeological Department submitted the monastery for inclusion on Unesco's World Heritage List, where it remains under consideration by the UN body.

The post Conflict over Methods Stalls Restoration on Part of Historic Monastery appeared first on The Irrawaddy.

Arakan Group Says 7 Arrested Over Sittwe Bomb Attack

Posted: 28 Feb 2018 02:21 AM PST

YANGON — Police in the Rakhine State capital of Sittwe have arrested an executive committee member of the Arakan National Council (ANC) and six other locals over a bomb attack that injured a police officer over the weekend, according to an ANC official.

ANC general secretary U Tun Zaw said council college Ko Naing Soe, also known as Mae Lone, was arrested in Sittwe on Sunday.

Tun Zaw said the police have filed charges against Naing Soe under multiple articles of the Counter-Terrorism Law that carry a minimum prison sentence of 10 years. He said his first court hearing was scheduled for March 12.

Local police could not be reached for confirmation.

In a video of four men in handcuffs at the Sittwe courthouse on Monday, posted online by Naing Soe’s brother, some of the men say they were “unfairly charged with many articles” and that their rights were being violated.

"Arresting people with doubt [without evidence] will never bring us justice," says Naing Soe.

Naing Soe was previously arrested by the military in Sittwe in 2009 for the possession of explosive devices and sentenced to eight years in prison. He was granted an amnesty by former President Thein Sein and freed in 2013, according to Tun Zaw.

Naing Soe. / Tin Wong Mog / Facebook

He said Naing Soe is also a liaison officer for the Arakan Army, an ethnic armed group allied with the ANC, but not a combatant. With only 100 or so active fighters, the Arakan Army has been likened to more of a non-governmental organization by veteran journalist Bertil Lintner, who specializes in Myanmar’s ethnic armed conflicts.

Three remotely detonated bombs rocked Sittwe on Saturday. One of the bombs went off in the backyard of a state counselor’s office. The others exploded near a courthouse and a land records office.

Tun Zaw said authorities have detained about 20 locals in all since the attack. It is unknown how many of them remain in custody.

"In general we accept police detention for questioning when carried out in line with the law, but this arrest was unfair and nonsense," he said.

The motive for the attack, and who carried it out, remains unknown.

It follows the fatal shooting of seven ethnic Arakan protesters by police in the Rakhine State town of Mrauk-U in mid-January and the subsequent stabbing death of a government administrator who was transferred out of the town a few days after the protest.

It also follows the recent breakdown of efforts to see the ANC sign the Nationwide Ceasefire Agreement (NCA) along with two more ethnic armed groups on Feb. 13.

"We negotiated with the ANC to sign the NCA until the last minute. But when the time comes to sign the NCA, the ANC didn't come along," said U Zaw Htay, spokesman for the President’s Office.

A day before the signing ceremony, the ANC said discussions between the government’s Peace Commission and the ethnic armed groups’ Delegation for Peace Negotiations on Feb. 11 ended in deadlock. It said the commission refused to continue debate on eight contentious points and pressured the ANC to finish the negotiations after it signed the NCA.

Tun Zaw said Naing Soe had attended the 21st Century Panglong Peace Conference in 2016 as an ANC representative and was selected to join the group’s delegation to the Feb. 13 signing ceremony before negotiations with the government broke down.

He said his colleague has back problems and takes medicine to ease the pain, regularly traveling from Sittwe to Thailand for medical care.

He added that the ANC has sent State Counselor Daw Aung San Suu Kyi and the Peace Council, which she heads, letters insisting that Naing Soe was not involved in Saturday’s attack and asking for his release.

The ANC was established in Thailand in 2004 as an umbrella organization for several groups, including the Arakan Liberation Party, the All Arakan Students Youth Congress, the Arakan Women’s Welfare Association, the National United Party of Arakan, the Rakhine Women’s Union and the Democratic Party of Arakan. It is unclear whether all of them remain active.

The post Arakan Group Says 7 Arrested Over Sittwe Bomb Attack appeared first on The Irrawaddy.

EU Calls on Myanmar to Take Action to Save Shrinking Elephant Population

Posted: 28 Feb 2018 01:16 AM PST

YANGON—The European Union urged the Myanmar government to strengthen efforts to protect its wild elephant population, which is on the brink of extinction due to poaching to supply the illegal trade in ivory and skins, as well as to end the open sale of elephant and other illegal wildlife parts in markets in its major cities, at popular tourist sites and along its borders.

In a statement to mark World Wildlife Day on Saturday, more than two dozen ambassadors of the European Union and its member states warned that Myanmar's wild elephant population would be wiped out in a matter of years as poaching for tusks and other parts remains a huge challenge globally with Myanmar facing an "unprecedented elephant skinning crisis".

In recent years, the Myanmar government has been working on strengthening the Biodiversity and Protected Areas Law, establishing more than 40 protected areas for wildlife, developing action plans for elephants and tigers, training and deploying rangers, and instituting wildlife training for government staff about the illegal wildlife trade. The EU and its member states have supported some of these efforts through the provision of technical support and capacity building.

"In particular, we would recommend that the Government of Myanmar ends the open sale of elephant and other illegal wildlife parts, which today are widely sold in markets in Yangon, Mandalay, Kyeikhteeyoe and along Myanmar's borders," the statement said.

According to WWF-Myanmar, at least one elephant is killed by hunters in Myanmar every week. Elephant skin, tail hairs, teeth and ivory are sold at tourist sites such as the Golden Rock (Kyaiktiyo Pagoda in Bago Region), while ivory is sold in Yangon and Mandalay. Large markets also operate in the 'Golden Triangle' border area Myanmar shares with China, Laos and Thailand.

In such markets, elephant skin is sold dried for traditional 'medicine' or polished into beads and sold as lucky charm bracelets. The tail hairs are put into silver rings and worn for luck.

Last month, the WWF-Myanmar met with the trustee members of the Shwedagon Pagoda in Yangon to hold an awareness program for souvenir shop owners at the pagoda stairways to educate them on the harm done by selling ivory and other wild animal related objects.

The EU statement released on Wednesday added that as long as these markets continue to sell illegal wildlife products, Myanmar's wildlife will be at risk, and Myanmar's position as a global and regional illegal wildlife trade hub will continue and grow as other countries in the region close their domestic markets. China shut its domestic ivory market in January this year and Hong Kong has also committed to ban ivory trading.

"Concrete action, such as developing a more robust legal framework in line with global standards — and ensuring its effective enforcement — would send a clear message that Myanmar has a zero-tolerance approach to wildlife crime," the statement said.

The EU ambassadors also encouraged the government to take action now so that Myanmar can attend the 2018 London Conference on Illegal Wildlife Trade in October, not only to renew its commitments to the 2014 London Declaration on the Illegal Wildlife Trade, but also to take up its place as a regional leader in the fight against the illegal wildlife trade.

In mid-February, the government launched The Myanmar Elephant Conservation Action Plan (MECAP), a strategy for the next 10 years (2018–27) with the overall aim of securing viable and ecologically functional elephant populations in Myanmar for the next century and beyond with support from international and local organizations.

According to the Ministry of Natural Resources and Environmental Conservation, 18 wild elephants were poached in 2016, and 30 were killed last year. The current population is estimated at just 1,400-2,000, compared to 10,000 in 1997.

The post EU Calls on Myanmar to Take Action to Save Shrinking Elephant Population appeared first on The Irrawaddy.

Indian Officials Order Stop to Eviction of Tribal People from Tiger Reserves

Posted: 27 Feb 2018 09:25 PM PST

BANGKOK — An Indian government agency for indigenous people has asked the forest ministry to stop evicting tribal people from tiger reserves, highlighting the growing tensions over land use in the country.

The National Commission for Scheduled Tribes (NCST) asked the Ministry of Environment and Forests to ensure that its tiger conservation policy does not threaten the rights of indigenous people.

It also said that those who are asked to move from core tiger habitats must be adequately compensated and given land.

The environment ministry’s National Tiger Conservation Authority (NTCA) issued a notice last year asking 17 Indian states to suspend the granting of rights to tribal and other forest dwellers in all critical tiger habitats.

NTCA officials denied that their policy hurts tribal forest dwellers.

“It is a wrong notion that tribals are being evicted,” Debabrata Swain, an additional director general at the NTCA, said on Tuesday.

“It is entirely voluntary; we ask them if they would like to move from core tiger habitats and protected areas. If they agree to the rehabilitation terms, then they move,” he told the Thomson Reuters Foundation.

The NTCA is studying the NCST’s order, which it received on Monday, and will respond in time, Swain said over the phone.

India’s Forest Rights Act gives indigenous people and forest dwellers the right to harvest and use forest resources to maintain their traditional livelihoods.

More than a fifth of India’s 1.2 billion population was expected to benefit from the 2006 law covering vast areas of forest land roughly the size of Germany.

But implementation has been slow and conflicts between states and indigenous people have risen as more land is sought for industrial projects in one of the world’s fastest growing economies.

Wildlife tourism is also a growing money-spinner, and hundreds of tribal villagers have been evicted in sometimes violent clashes from land reserved for tigers, elephants and rhinoceros.

Last November, advocacy group Survival International asked tourists to boycott India’s tiger reserves until the rights of indigenous people in them are upheld.

Officials must ensure their forest rights are settled, and offer more compensation, said Rahul Choudhary, co-founder of non-profit Legal Initiative for Forest and Environment.

“These are people who have lived in the forest for generations. The government must offer better terms for their rehabilitation,” he said.

The post Indian Officials Order Stop to Eviction of Tribal People from Tiger Reserves appeared first on The Irrawaddy.

Rohingya Refugees Test Bangladeshi Welcome as Prices Rise and Repatriation Stalls

Posted: 27 Feb 2018 08:49 PM PST

KUTUPALONG REFUGEE CAMP, Bangladesh — The first Rohingya refugees who arrived on Jorina Katun’s farmland in Bangladesh last year were worn out and traumatized after fleeing violence in neighboring Myanmar. They wept and begged to stay, and Katun, moved by their plight, said yes.

“I really regret that,” she said. “They said they would stay for only a month. They’re still here and more are coming.” Katun now has 25 Rohingya families living on a patch of land where she used to grow rice and vegetables.

Since August, nearly 700,000 Rohingya have crossed from Myanmar’s Rakhine State into Bangladesh. Makeshift camps housing the Rohingya sprawl across thousands of acres of what was once a government forest reserve, butting up against — and sometimes overwhelming — Bangladeshi homes and land. Jorina Katun lives on the edge of the largest such camp.

Officials and aid workers fear that the welcome is wearing thin, due to the unprecedented number of refugees and growing doubts over whether Myanmar will ever take them back.

Repatriation was due to begin in January under an agreement signed by Myanmar and Bangladesh. But the plan has stalled due to safety and logistical concerns, and meanwhile Rohingya continue to flee across the border.

“We’ve accommodated them, but for how long?” said Kazi Abdur Rahman, a deputy district administrator in Cox’s Bazar. “Our crop fields are destroyed. Our forests are destroyed…It’s a huge impact for the whole community.”

So far, local people have been remarkably tolerant, with many feeling duty-bound to help fellow Muslims they see as being oppressed because of their religion. There have only been a handful of anti-Rohingya protests, all small and peaceful.

But many also blame the Rohingya for driving up food prices and stealing jobs, and officials worry that the refugees bring with them an increased risk of disease, militant activity and drug trafficking.

Residents have been told to report any Rohingya seen outside the camps, said Rahman. “It’s for our security, so they can’t get up to any terrorist activity,” he said.

He said he had no evidence that the Rohingya were involved in crime, but noted they were poor, desperate and “very vulnerable to evil forces.”

The Cheapest Worker

Before the current crisis, Bangladesh was already home to 300,000 Rohingya refugees who had fled previous bouts of violence in Myanmar. Now, in Ukhia and Teknaf, two sub-districts near the Myanmar border, Rohingya outnumber local people by about two to one.

Residents of Ukhia and Teknaf were already among Bangladesh’s poorest and by some measures as deprived as the refugees, according to ACAPS, a Geneva-based think-tank that analyses humanitarian responses.

Seven in 10 families — both Bangladeshi and Rohingya — struggled to get enough to eat, ACAPS found.

Little of the land around Cox’s Bazar is suitable for farming, so Bangladeshis have to buy about 80 percent of their food in local markets, said ACAPS.

The price of that food is rising, said Hamidul Hoque Chowdhury, a college principal who heads the Ukhia branch of the Awami League, the party of Prime Minister Sheikh Hasina.

Six months ago, 1 kg of potatoes cost 20 taka ($0.24); it has since tripled in price to 60 or 70 taka. The price of fish has doubled, he said.

“The local people are now silent. They’re not shouting now. But they’re not happy,” said Chowdhury. “Tensions will definitely rise.”

Chowdhury, who helped organize a small anti-Rohingya protest in Ukhia in January, said Rohingya were competing with Bangladeshis for unskilled labor jobs, the main source of income for about half the local population.

Faruk Ahmed, 73, a local farmer, said he hired Rohingya laborers because they were cheap, plentiful and hard-working.

“Bangladeshis want 500 taka ($6) a day, but Rohingya will take 300 taka,” he said. “I’ll hire the cheapest worker.”

Rohingya Island

Partly to ease the congestion at the camps, Bangladesh is accelerating a controversial plan to temporarily relocate 100,000 Rohingya on a remote island in the Bay of Bengal.

H.T. Imam, an advisor of Prime Minister Sheikh Hasina, said the refugees must be kept apart from Bangladeshis. “In the past the Rohingya spread out and caused serious law and order problems,” he said.

Humanitarian groups said they were also looking for ways to support the Bangladeshi community.

Of the $950 million budget currently being requested from donors for March to December, a quarter had been earmarked for projects that will directly benefit Bangladeshis, said UN host community liaison Maurice Dewulf.

There are “no major signals yet” of problems between Bangladeshis and locals in Cox’s Bazar, Dewulf said, but such problems become more likely the longer a refugee crisis lasts.

The Rohingya families camped out on Jorina Katun’s land are also doing what they can to keep the peace, paying Katun between 300 and 600 taka ($3.50 to $7) a month in rent, says refugee Bodi Alam.

The Bangladesh Army, which oversees security in the area, said it forbids local people to charge rent. “But we still pay,” said Alam.

Without such payments, there would be quarrels with the Bangladeshis. “They will say ‘go from here, this is our area, these are our houses, this is our land,'” he said.

The post Rohingya Refugees Test Bangladeshi Welcome as Prices Rise and Repatriation Stalls appeared first on The Irrawaddy.
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Tuesday, February 27, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

Controversial Recall Bill Needs More Time, Lawmakers Told

Posted: 27 Feb 2018 05:30 AM PST

NAYPYITAW — Proposed legislation that would allow for impeachment proceedings against sitting lawmakers will need more time to craft even after years of work, a member of the Union Election Commission (UEC) told a session of the Upper House of Parliament on Tuesday.

Replying to a question from USDP lawmaker U Sai Than Naing, Karen State (5), U Aung Myint said the Joint Bill Committee concluded that the so-called recall bill could affect national reconciliation efforts and required more in-depth discussion.

The bill was debated in Parliament twice during the U Thein Sein government, in 2012 and 2015, but the Upper and Lower houses could not agree on a single version.

"Fifteen lawmakers discussed the report of the Joint Bill Committee, which called for a suspension, and the Union Parliament approved the report," U Aung Myint said during Tuesday’s session.

Citing the 2008 Constitution, U Sai Than Naing said voters should have the right to recall their elected lawmakers if they fail to serve their interests or if they are incapable, corrupt or break the law.

"However, people still can't enjoy that right until now," he said.

U Ye Htun, a former lawmaker from Shan State’s Hsipaw Township, said he supported the bill, noting that no one, not even the president or parliamentary speakers, can now dismiss lawmakers.

"It is also provided in the Constitution. This is the check and balance between the people and the lawmakers they elect," he said.

Section 396 of the Constitution states that a representative can be “recalled” for a number of reasons including high treason, breaching any provision of the Constitution, misconduct as prescribed in the Constitution, and the inefficient discharge of their duties.

According to the Constitution, at least 1 percent of the original voters in the representative's constituency must submit a complaint to the UEC to recall a lawmaker.

NLD lawmaker U Aung Kyi Nyunt said there should be a mechanism for recalling lawmakers who perform badly but argued that the threshold for doing so in the Constitution was far too low.

"That 1 percent can be constituted by those who didn't vote for the lawmaker and other forces [parties]. No lawmaker won the election with over 99 percent of the votes. What if 1 percent from other forces always file complaints?" he asked.

Section 397 of the Constitution sets the Union Parliament the task of enacting legislation to enable the recalls.

"It is a loss for the people not to enact the law just because of that percentage," said U Nanda Hla Myint, a spokesman for the USDP.

Translated from Burmese by Thet Ko Ko.

The post Controversial Recall Bill Needs More Time, Lawmakers Told appeared first on The Irrawaddy.

Chief Minister Drops Ministerial Nominations after Lawmakers Object

Posted: 27 Feb 2018 05:24 AM PST

YANGON — Magwe Region Chief Minister U Aung Moe Nyo withdrew nominations for two vacant regional ministerial positions in the Magwe Parliament on Monday amid opposition to the nominees.

Seventeen regional lawmakers from the ruling National League for Democracy (NLD) submitted objections to nominees U Aye Ngwe, a former director of the Irrigation Department, and U Aung Kyaw Moe, a retired education officer.

The two were proposed by the chief minister on Feb. 14 at an emergency meeting of the regional Parliament to consider replacements for two regional ministers who resigned: Minister for Agriculture, Livestock and Irrigation U Soe Myint, and Minister for Labor, Immigration and Population U Nay Myo Kyaw.

MP U Soe Win, one of the 17 who submitted the objections, said the opponents had planned to present strong evidence at Monday's parliamentary session that the two were not qualified for the posts.

However, "As the chief minister withdrew his nomination to abide by the public's desire, we withdrew our objections," he said.

He refused to give details on why they opposed the ministerial nominees, as the chief minister has now accepted their objection.

Some reports have circulated that under military rule, candidate U Aung Kyaw Moe fired middle school teacher U Pyuu Lwin for welcoming then opposition leader Daw Aung San Suu Kyi as she was on her way to visit Chin State.

U Pyuu Lwin was elected to an Upper House seat in Magwe region in the 2015 general election, representing the NLD.

Local media reported that political activists said they would stage protests across the region if the two were approved as ministers.

At the time, the then district assistant education officer U Aung Kyaw Moe questioned the long-time teacher, who had worked in the field for 17 years. He was later forced to resign without any pension or entitlements, U Pyuu Lwin told The Irrawaddy.

"I was not a party member at that time. But I am now and we believe the party shouldn't reward him, even if we don't punish him for his action," U Pyuu Lwin said.

The ruling party lawmakers' objection to the chief minister's nomination was applauded by some political analysts and said that hopefully it was the start of a pattern of checks and balances developing between Parliament and the government.

According to the Constitution, the chief minister has the right to submit the list again with new nominees.

The post Chief Minister Drops Ministerial Nominations after Lawmakers Object appeared first on The Irrawaddy.

Judge Rejects Evidence in Myanmar Now Editor’s Defamation Case

Posted: 27 Feb 2018 03:01 AM PST

YANGON — A lawyer for Myanmar Now editor Swe Win said he would ask a court in Mandalay to take action against the person suing his client for defamation, claiming the plaintiff had presented “false evidence” in the case.

Swe Win made his 19th court appearance in Mandalay on Monday, accused of defaming ultranationalist monk U Wirathu by sharing a Facebook post critical of the monk’s support for Kyi Win, who is on trial for fatally shooting prominent Muslim lawyer U Ko Ni in January 2017. The case was filed by Kyaw Myo Shwe following a complaint from an U Wirathu supporter.

After yesterday’s hearing at the Mandalay Maha Aung Myay Township Court, Swe Win’s lawyer, U Khin Maung Myint, said Kyaw Myo Shwe could not show the court that two printouts of photos presented as evidence in the defamation case were taken with his phone’s camera, as the plaintiff has claimed. U Khin Maung Myint said one photo was of a Frontier Myanmar article in which Swe Win comments on U Wirathu and that the other was of a photo of Swe Win that ran with the text.

"The judge at the court asked him [Kyaw Myo Shwe] to turn on his phone and show that he took the evidence with his phone. But he could not show that the two items of evidence were taken with his phone,” the defense lawyer said.

He said Kyaw Myo Shwe asked the judge for permission to check his other phone for the photos. But U Khin Maung Myint said he objected — because Kyaw Myo Shwe may have transferred the photos to his other phone from someone else’s phone after the case had been filed — and that the judge subsequently rejected the two printouts as evidence.

Swe Win and his team claim that Kyaw Myo Shwe never took the photos he claims he did.

"We, including Ko Swe Win, will discussed how to take action soon. We will ask the court to take action against the plaintiff at the next hearing," said U Khin Maung Myint.

"He just tried to punish Ko Swe Win, but he did not have his own evidence and took it from others.”

The Penal Code allows a court to take action against a plaintiff over false evidence at the request of the defense.

The court did accept evidence from Kyaw Myo Shwe at a hearing earlier this month, including paper records and a recording of a Radio Free Asia broadcast of a press conference Swe Win gave about U Wirathu. It accepted the recording of the broadcast over objections from U Khin Maung Myint, who argued that it had been edited to take his client’s remarks out of context.

Kyaw Myo Shwe is currently serving a prison sentence in an unrelated case. His lawyer could not be reached for comment.

The post Judge Rejects Evidence in Myanmar Now Editor’s Defamation Case appeared first on The Irrawaddy.

12-Year-Old Girl Raped and Murdered in Kachin State

Posted: 27 Feb 2018 12:56 AM PST

Yangon—A 12-year-old girl was raped and brutally murdered in Kachin State's Mogaung Township on Sunday.

The girl together with her younger brother went into woods near her village to collect firewood on Sunday morning. She left her brother in the woods and headed back to a farm hut near their village to get a drink of water, but was apparently raped and killed on the way.

"Her bother waited for a long time and then searched for her. He found her stiff body around 11 am in the woods," U Kyaw Lwin Soe, chairman of the Lawkahta Sarira social organization based in Mogaung Township, told The Irrawaddy.

The girl was a student attending 5th grade at a local school. Their village, Aung Mingalar, is about two miles from Mogaung, and the woods where the crime happened lies to the west of the village.

According to a postmortem, she had been stabbed around 10 times in her chest, shoulders, waist and limbs and slashed across her neck, in addition to the signs of rape.

"Her family has opened a case for rape and murder. We are still trying to identify the offender," an officer at Mogaung Township Police Station said.

U Kyaw Lwin Soe said further forensic tests were carried out on Monday, "I felt both angry and sad upon seeing her body. I could not stop the tears. The offender should be given the death penalty," he said, calling the crime "inhuman".

According to the Home Affairs Ministry, there were 897 cases of child rape [children aged under 16] nationwide in 2017—up from 671 in 2016.

In Kachin State, there were 14 cases of child rape in 2016, with the number increasing to 21 in 2017. Meanwhile, there were 1,405 cases of women above the age of 16 being raped in 2017 across the country.

On Feb. 8, women activists launched a campaign near North Dagon Township Court in Yangon calling for harsher legal measures including capital punishment to deter rapists.

The post 12-Year-Old Girl Raped and Murdered in Kachin State appeared first on The Irrawaddy.

The Kachin Journalist Breaking Stereotypes

Posted: 27 Feb 2018 12:33 AM PST

YANGON — "It was my dream to start up a local publication that reflects local needs, reports on the huge human rights violations and raises people’s concerns," said Seng Mai Maran, the 28-year-old co-founder and editor-in-chief of the Myitkyina News Journal.

Taken the journal’s name from the capital of Kachin State, Myitkyina, the founders launched the paper four years ago with the aim of informing all residents of the state regardless of their race or religion.

Into the late 2000s, state and private media were rarely reporting on Kachin State, where allegations of human rights abuses are common, particularly in the area’s jade and gold mining industries and its illegal logging business.

"People were afraid to speak out, so such news was not reported even in the private media," Seng Mai Maran said, despite a 1994 ceasefire deal between the Myanmar military and Kachin Independence Army (KIA) that was still holding but would collapse in 2011.

Chasing a Dream

"When I first started my journalism training, the media trainer U Ye Naing Moe, my first mentor, asked why I wanted to be a journalist. My answer was I wanted to be a journalist because I wanted to establish a regional news journal in Kachin State," she said. "There were many human rights violations. At that time there was still a ceasefire, and even then no journals dared to publish stories about such abuses."

She became interested in journalism in 2008, at the age of 18. She worked for the Kachin News Group, took a three-month introductory journalism course provided by the Internews journalism network and interned at the Yangon Times Journal.  She then worked as a freelancer both for local publications and foreign broadcasters including the BBC’s Burmese service.

In January 2014, the Myitkyina News Journal applied for a publishing license and printed its first issue by March, starting out as a bi-monthly. The paper now publishes every Friday, with an average circulation of 8,000. That number has not dropped, despite the challenges of gathering the news, getting the issues to readers on time amid the ongoing fighting between the military and ethnic armed groups, and online attacks from hackers.

The Myitkyina News Journal has meanwhile grown from a staff of 13 to nearly 30. Seng Mai Maran trains the new recruits.

“It is a success in the eyes of outsiders, but in my eyes I always need to do more," she said.

While most of Kachin’s residents are ethnic minorities, and despite calls to support ethnic language media, the Myitkyina News Journal publishes in the nationally dominant Bamar language.

Seng Mai Maran herself speaks Kachin and Bamar more fluently than her native Lisu, a sub-tribe of the Kachin.

"But it is a shame,” she said. “We were not taught the Lisu language at the government school. I know Kachin because I grew up in the Kachin community and learned Kachin at church.”

Reporter and Photographer

On Saturday, Seng Mai Maran, who taught herself how to take pictures, won first place at the 10th Yangon Photo Festival in the professional division for her photo essay "I Feel Safe," which portrays the lives of female KIA soldiers.

KIA soldiers at the group’s training school in Kachin State in November. This image was part of Seng Mai Maran’s winning photo essay at this year’s Yangon Photo Festival. / Supplied

Last year, she won the emerging talent division for her photo essay "The Trap," about female drug addicts in the jade mining town of Hpakant.

The eldest of five siblings, Seng Mai Maran was raised by parents who made a living through trade and put little focus on encouraging their children to read.

Still, her father supported her dream and helped her choose Seng Mai Maran as her pen name (her parents had named her Ma Shwe Yin). Concerned she might get arrested and locked up, her mother and other relatives tried to discourage her. It didn’t work. "I just wanted to share what I knew with other people," she said.

A KIA soldier at the group’s training school in Kachin State in November. This image was part of Seng Mai Maran’s winning photo essay at this year’s Yangon Photo Festival. / Supplied

Breaking Stereotypes

Seng Mai Maran gives every appearance of being a man, keeping her hair short and wearing shirts and pants. But as a female journalist, she is aware of the added risks she faces reporting in a conflict zone.

She said her tomboy looks also help her to overcome the challenges and everyday stresses of running a newsroom. She is happy to leave the publisher duties to her two male co-founders.

She recalled her efforts to get the paper licensed four years ago with the Information Ministry’s Office of Copyright and Registration, where an official did not believe that such a young woman and tomboy could run a paper. "I still remember the look of the official who did not believing in my abilities," she said.

But after a month of multiple trips back to the office, the license did come through.

Professionalism vs. Nationalism

As a regional paper, the Myitkyina News Journal knows it can be risky sometimes to present balanced news to an audience that often wants to hear only one side of the story.

Seng Mai Maran recalled a story her paper ran in 2016 about a young Kachin man fatally shot by a soldier. The military blamed the death on a “misfire” from the soldier’s gun, which it claimed a group of young men had tried to steal.

"We did face challenges getting witness voices because no one would speak up for the murdered man, and we published [the military’s version of events] as is. The journal was accused of printing false claims, but it was the official record from law enforcement," she said.

Her paper has to be careful when reporting on human rights violations in order to avoid repercussions from the military or from ethnic and religious groups. And when reporting on the military’s fight with the KIA, there is still the fear of a lawsuit or arrest under the Unlawful Associations Act.

The team even has to tread carefully when reporting on Pat Jasan, a local vigilante group that fights drug use.

A past article triggered a boycott campaign against the paper.

"It is a weekly challenge and we always have to worry about when the fire might be sparked, because even if there is a human rights perspective the religious and racial issues are very sensitive," she said.

The post The Kachin Journalist Breaking Stereotypes appeared first on The Irrawaddy.

Gov’t Cannot Act Against Rowdy Monks Without Backing of Society, Minister Says

Posted: 27 Feb 2018 12:08 AM PST

NAYPYITAW — A lack of consensus in society about the political role of Buddhist monks is making it difficult for the government to act as certain monks become ever more reckless in their behavior, in defiance of the Buddhist Order's code of conduct, said Union Minister for Religious Affairs and Culture Thura U Aung Ko.

The government still can't take action against monks because of the differing views about Buddhist monks and nationalism among the various stakeholders in the country and in society at large, the minister told reporters in Naypyitaw on Monday.

"Some monks have taken advantage of this and become more reckless. But the game is not yet over. We've recorded their actions," said the minister.

The minister last week urged the nation's highest religious authority, the State Sangha Maha Nayaka Committee (known by its Burmese acronym, Ma Ha Na) to take action against monks who disgrace Buddhism through their activities or speech, during the committee's annual meeting.

Ma Ha Na oversees violations of the traditional regulatory framework of Theravada Buddhist monks, while the government can use its executive power to intervene if monks' defiance goes beyond the ability of Ma Ha Na to control it, said the minister.

There must be unity between the government, the people and Myanmar's military (known as the Tatmadaw) before legal action can be taken against badly behaved monks, said the minister.

"Disunity will not last forever. The time of unity will come for certain. This will be decided by the people," said the minister.

Nationalist monks forced the cancellation of a press conference on Sunday at which a monk had planned to call on religious and civil authorities to prevent the firebrand monk U Wirathu from spreading hate speech.

The event planned by Buddhist monk Ashin Issariya of Karen State's Hpa-an Township at the Myanmar Journalist Network (MJN) was called off after dozens of monks and laymen who support U Wirathu arrived and took seats at the venue an hour before the scheduled start of the press conference.

Last year, Ma Ha Na banned ultranationalist monk U Wirathu from preaching for one year for spreading hate speech, which it said could lead to religious conflict. The ban expires next month.

With the ban still in effect, U Wirathu shared video files on social media in which he claimed to be the mentor of Kyi Lin, the accused assassin of prominent Muslim lawyer U Ko Ni. To support killing is against Buddhist teaching, Ashin Issariya said.

"People want to know why U Wirathu hasn't been arrested while U Parmaukkha was. If everybody is not equal in front of the law, there will never be rule of law in our country," he added.

Ultra-nationalist monk U Parmaukkha was arrested in November and sentenced last week to three months in prison for inciting public unrest, for leading an anti-Rohingya protest outside the U.S. Embassy in Yangon in April 2016.

Nationalist writer Maung Thway Chun said the Buddhist monks who forced the cancellation of the press conference do not belong to the Association for Protection of Race and Religion (known by its Burmese acronym Ma Ba Tha), but to the Patriotic Monks Union. However, he did not deny Ma Ba Tha's leading role in forcing the cancellation of the press conference.

"The E.U., U.S. and OIC [Organization of Islamic Cooperation] all loathe Ma Ba Tha. Their [the National League for Democracy-led government's] rival is the USDP [Union Solidarity and Development Party]. Ma Ba Tha won't grab power. Ma Ba Tha is not a political party. It has no interest at all in politics. I don't understand why the government targets Ma Ba Tha," he said.

Ma Ba Tha was born out of the 969 Movement — a nationalist campaign that called for the boycott of Muslim-owned businesses — in 2012. In 2013, 969 members rebranded the group as the Association for Protection of Race and Religion, better known by its Burmese acronym Ma Ba Tha.

After Ma Ha Na banned the group on May 23, 2017, the association rebranded itself as the Buddha Dhamma Charity Foundation.

"We have records [of conduct-violating monks]. And there have been louder calls by people [to take action against them]. But as I have said, we have to consider the underlying factors. It could become a nationalist issue [if we take action]," said Minister Thura U Aung Ko.

"There may be challenges. And there are causes for concern for Buddhism [in Myanmar]. And this issue is also connected with politics."

The post Gov't Cannot Act Against Rowdy Monks Without Backing of Society, Minister Says appeared first on The Irrawaddy.

Five Modern Cities Built from Scratch

Posted: 26 Feb 2018 09:57 PM PST

AMARAVATI, India — A new city, Amaravati, is being built in an area of 217 square kilometers, about the size of Seattle, along the banks of the Krishna River in the south Indian state of Andhra Pradesh.

It is the country’s first greenfield capital in decades, and is being hailed as a viable option to its polluted, congested cities, which are often seen as failures of urban planning.

But activists say farmers are being driven from their homes for Amaravati, whose name means “place of immortals,” and that the project also ignores its ecological impact.

Here are five modern, purpose-built cities that have also sparked debates around public interest:

Astana — Often dubbed the world’s weirdest capital, the Kazakh capital was moved here in 1997. The urban plan was drawn up by Japanese architect Kisho Kurokawa, and the city is known for its futuristic buildings.

Brasilia — Arguably the most famous planned city in the world, it was founded in 1960. It is distinguished by its modern architecture, chiefly designed by Oscar Niemeyer, and it was named a UNESCO World Heritage Site in 1987. Yet the city is dogged by an inadequate mass transportation system, segregation, and neglected public spaces.

Canberra — The site for the capital was chosen as a compromise between rivals Sydney and Melbourne, Australia’s two largest cities. Construction began in 1913 but was beset by delays, and the Commonwealth parliament moved to Canberra in 1927. Despite its high standard of living, the city is little known overseas and little loved even within Australia.

Naypyitaw — The capital of Myanmar was moved from Yangon to the center of the country in 2005. Covering nearly 7,000 square kilometers — about four times the size of London — it features a 20-lane avenue, multiple golf courses and a replica of Yangon’s famous golden Shwedagon Pagoda. Yet, its wide streets are mostly empty, as relatively few live there.

Songdo — The International Business District in Songdo is built on reclaimed land along the Yellow Sea. All apartment buildings and businesses are built within 12 minutes from bus or subway stops. There are sensors to monitor temperature, energy use and traffic flow, and a pneumatic tube system for garbage disposal. The district was the backdrop for the blockbuster music video for “Gangnam Style” by Korean pop star Psy.

The post Five Modern Cities Built from Scratch appeared first on The Irrawaddy.

Aung San Suu Kyi Should Oppose Myanmar Military or Resign, Says Fellow Nobel Prize Winner

Posted: 26 Feb 2018 09:09 PM PST

PHNOM PENH — Myanmar leader Daw Aung San Suu Kyi should try to stop military atrocities against Rohingya civilians or resign, fellow Nobel laureate Tawakkol Karman said on Monday.

Rights groups and United Nations investigators have collected evidence of widespread abuses including sexual violence, killings and arson and described the military crackdown as “ethnic cleansing.” But since coming to power in 2016, Aung San Suu Kyi — who won the 1991 Nobel Peace Prize for her decades-long pro-democracy fight — has failed publicly to condemn abuses against Rohingya civilians which began after Rohingya insurgents attacked police and military outposts.

“We are so angry about our Nobel sister Aung San Suu Kyi,” said Karman, who visited women in refugee camps on Sunday and Monday along with another two laureates.

“She should tell the truth or she should resign,” said Karman by phone from Cox’s Bazar, Bangladesh. “If she continues in this role, she is one of the perpetrators.”

Karman, who in 2011 was jointly awarded the Nobel Peace Prize for her work in Yemen, said Aung San Suu Kyi could face international prosecution — along with military officers — as she had failed to protect civilians.

Aung San Suu Kyi’s spokesman’s phone was turned off, while two officials at the foreign ministry, which she also leads, said they were not able to answer questions. A military spokesman did not answer his phone.

Karman told the Thomson Reuters Foundation she had spoken to 15 women who said their husbands and some of their children had been killed, and that they had been raped repeatedly by soldiers.

“You can’t imagine what we heard today,” said Karman.

Aung San Suu Kyi, 71, has rarely directly addressed allegations of abuses against Rohingya people even though at least 688,000 Rohingya have fled to neighboring Bangladesh, according to UN figures.

On Monday, European Union foreign ministers agreed to draw up sanctions on military leaders.

Aung San Suu Kyi is barred from the presidency but her party installed her as de facto leader after a landslide 2015 election. In her current role she has no control over the military. Many hoped Aung San Suu Kyi’s ascent to power would help halt abuses against Rohingyas, an ethnic and religious Muslim minority who are mostly denied citizenship and live under an apartheid-like system.

The post Aung San Suu Kyi Should Oppose Myanmar Military or Resign, Says Fellow Nobel Prize Winner appeared first on The Irrawaddy.

EU Agrees to Prepare Sanctions on Myanmar Generals

Posted: 26 Feb 2018 08:50 PM PST

BRUSSELS — European Union foreign ministers agreed on Monday to prepare sanctions against Myanmar generals over the killings of Rohingya Muslims and to strengthen the EU arms embargo, accusing state security forces of grave human rights abuses.

As reported by Reuters last week, foreign ministers meeting in Brussels asked the EU’s foreign policy chief, Federica Mogherini, to draw up a list of names to be hit with EU travel bans and asset freezes.

In a statement, ministers called for “targeted restrictive measures against senior military officers of the Myanmar armed forces responsible for serious and systematic human rights violations without delay.”

The measures would be the EU’s toughest yet to try to hold the Myanmar military accountable for the abuses, likely joining US and Canadian sanctions already in place.

Foreign ministers also want to strengthen the bloc’s 1990s-era arms embargo on the Southeast Asian country that remains in place, although they did not give details.

Reuters investigations have highlighted the killing of Rohingya Muslim men who were buried in a mass grave in Rakhine State after being hacked to death or shot by ethnic Rakhine Buddhist neighbors and soldiers.

No names of generals to be targeted for sanctions have been yet discussed, two diplomats said, but the United States said in December it was sanctioning Major General Maung Maung Soe, who is accused of a crackdown on the Rohingya minority in Rakhine.

One EU diplomat said the EU’s list was likely to include more than just one senior military officer.

The EU’s decision to consider sanctions reflects resistance to such measures in the UN Security Council, where veto-wielding powers Russia and China said this month they believe the situation in Rakhine was stable and under control.

The United States, as well as United Nations, has described the military crackdown in Myanmar as “ethnic cleansing.” More than 680,000 people, mostly Rohingya, have fled Rakhine for shelter over the border in Bangladesh, the EU said.

Myanmar has denied most allegations of abuses and asked for more evidence of abuses, while denying independent journalists, human rights monitors and UN-appointed investigators access to the conflict zone.

The post EU Agrees to Prepare Sanctions on Myanmar Generals appeared first on The Irrawaddy.

Ten Things to do in Yangon This Week

Posted: 26 Feb 2018 05:28 PM PST

“Fly High” Album Party, Featuring Big Bag

Album party for “Fly High,” by Hannay and The Zens, with a performance by Big Bag.

March 3, Yangon Yangon Bar, Sakura Tower. Regular entrance fee.


Yangon United vs. Thanh HOA

Yangon United FC will play Vietnam's Thanh HOA in the AFC Cup.

Feb. 27, 3:30 p.m. Thuwunna Stadium. Tickets are 2,000 kyats or less.

 

Fashion Extravaganza and Famous Designer’s Fantastic Show

Celebrities, singers and dancers will perform at this event.

March 4, 6 p.m. to 8 p.m. Sky Star Hotel, East Horse Race Course Road. Free show.

 

Yangon Book Plaza

To mark its first anniversary, the plaza will sell books at special discounts with gifts.

March 1-5. Thanzay Market, 5th floor. Lanmadaw Township.

 

Origami Workshop

Japanese instructors will teach origami. Registration required.

March 3-4, 10 a.m. and 2 p.m. Japan Culture House, Room 322 B, 2nd floor, Building C, Pearl Condo, Kaba Aye Pagoda Road. Free admission.

 

Yangon Book Street

Old and new books are up for grabs for bookworms in one location.

Every weekend. Theinbyu Road.

 

LGBT Night

Costume contest, games, special food, rainbow pins and more.

March 2, 9 p.m. Hard Rock Café, Myanma Plaza, 4th floor. Admission is 15,000 kyats.

 

Art Exhibition

Ko Su will have a solo art exhibition with works featuring peacocks and bamboo.

March 2-7. OK Art Gallery, Aung San Stadium (north).

 

Abstract

This art exhibition features works by 13 Myanmar abstract artists.

March 2-5, Lokanat Galleries, 1st floor, No.62 Pansodan Street. Kyauktada Township.

 

Fundraiser Art Exhibition

Works by various artists will be showcased at this event to raise money for the National University of Arts and Culture on its 25th anniversary.

March 3-5. Yangon Gallery, People’s Park Compound, near the Planetarium Museum.

The post Ten Things to do in Yangon This Week appeared first on The Irrawaddy.
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Monday, February 26, 2018

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Analysis: Proposed Amendment Raises Fears About Rights to Free Expression

Posted: 26 Feb 2018 06:39 AM PST

YANGON— Myanmar's controversial protest law has again been tabled in parliament with two major amendments scheduled to be debated this week. The changes include a requirement that the sources of protest funding be identified and the stipulation of jail terms for people using such assemblies to instigate unrest.

The bill, which seeks to amend the Peaceful Assembly and Peaceful Procession Law, was submitted by the Upper House Bill Committee last week.

The legislative push is being viewed as the latest attempt by the NLD-dominated parliament to deter those with hidden agendas from masterminding protests and to reduce the risk of racial and religious violence.

"It seems they want to expose the dark elements [behind protests]," outspoken former Yangon region lawmaker and legal expert Daw Nyo Nyo Thin said, citing the requirement that would-be organisers of peaceful assemblies and processions inform police in advance not only of their agenda and the estimated numbers of people involved, but also the expected costs and the identity of the persons or organizations that would cover the costs.

Several mass rallies have been held against the government in recent months to protest a string of actions by authorities including the imposition of a one-year preaching ban on the ultranationalist monk U Wirathu, the arrest of nationalists and a ban on the country's biggest religious nationalist group, the Association for Protection of Race and Religion, or Ma Ba Tha, from operating under its name.

Following a protest against Religious Affairs Minister U Aung Ko in May last year, the ministry released a statement that the alleged protesters were paid sums ranging from 7, 000 to 30, 000 kyats (US$5-$22) to participate.

More recently, nationalists appeared at the court hearing for slain lawyer U Ko Ni in early February wearing T-shirts printed with the slogan "Eat well (before you die)" to show support for the four men accused of involvement in the murder. The phrase in Burmese is considered a threat to show one's anger and to warn of impending revenge.

Daw Nyo Nyo Thin said she personally agreed with the amendment seeking disclosure of the funding sources.

"We ask the government for accountability and transparency. So I personally believe we, the organizers should also be OK revealing the funding sources and estimated costs," she said.

She added, however, that it would be more convenient to present the information after the demonstration, as, for example, in student demonstrations, individual residents often donate to the protestors as they march by.

Free speech advocate Maung Saungkha wrote that the proposed requirement wouldn't impact protests funded by a party or political cronies but would complicate the organization of protests by farmers, workers and students, as the public helped fund participation in such rallies with contributions of 500 kyats or 1000 kyats per person.

He added that the amendment could cause these donors to hesitate as their names would be given to the police for supporting the protest.

Despite the disagreements over to the proposed requirement to identify funding sources, the most controversial part of the draft bill is the stipulated jail terms for using protests to instigate unrest.

The amendment states that anyone who provokes or exhorts others to organize or participate in demonstrations by bribing or paying them or doing anything else with the intention of "harming the stability, rule of law, peace and tranquility of the community and public morality would face a prison sentence of up to three years."

Daw Nyo Nyo Thin said the clause "harming the stability, rule of law, peace and tranquility of the community and public morality" is too vague and broad, as is the phrase "doing anything else".

"How will they define which act harms the stability or peace and tranquility of the community?" she asked.

The clause, which has its origins in the military-drafted 2008 constitution, was broadly used in the past to crack down on political activists, Daw Nyo Nyo Thin said.

She said the legislators and the government should keep in mind that the Ministry of Home Affairs, which is under the control of the military and not the government, is the body that would implement the law after it is approved.

She added that if the bill were approved, it would make worse the state's repression of dissidents.

"It will not be good for the image of the country's democracy or the government," she said.

The same phrase was added to Article 4 of the law under the amendments, stating that demonstrators who want to exercise their right to peaceful assembly and procession are required to inform the police at least 48 hours before the intended day of the rally and to ensure the rally is "not contrary to the existing laws, stability, rule of law, peace and tranquility of the community and public morality".

Free speech advocate Maung Saungkha wrote on Friday that the changes would give the police total authority to ban a protest if they judged it to be potentially harmful to the stability and peace and tranquility of the community.

The Upper House lawmaker Daw Ei Ei Pyone from Irrawaddy Division said the parliament would discuss the precise wording of the legislation in upcoming parliamentary sessions.

"I think it is necessary to prevent the intentionally created problems by some while the country is already struggling with many problems and challenges," she said.

She added that she believed the amendments wouldn't have an impact on free expression.

It is not good having those who pay money to people to participate in protests with the intention of creating instability or racial and religious violence at a time when the country is facing challenges, the MP said.

"It is obvious that the government wants to amend the law to take action against those who mastermind demonstrations and exploit the right to free expression and peaceful assembly to create a crisis situation for the government, as well as instability," human rights activist U Aung Myo Min wrote on his Facebook account.

Still, he said, the law shouldn't be prescribed or amended with the intention of preventing groups taking to the streets, adding that free expression and peaceful assembly were fundamental human rights.

The draft bill will be debated later this week.

The post Analysis: Proposed Amendment Raises Fears About Rights to Free Expression appeared first on The Irrawaddy.

Nationalist Monks Crash Press Conference Called by Critic of U Wirathu

Posted: 26 Feb 2018 06:24 AM PST

Nationalist monks forced the cancellation of a press conference yesterday at which a monk had planned to call on religious and civil authorities to prevent the firebrand monk U Wirathu from spreading hate speech.

The event planned by Buddhist monk Ashin Issariya, also known as Ashin Min Thu Nya, at the Myanmar Journalist Network (MJN) was called off after dozens of monks and laymen who support U Wirathu arrived and took seats at the venue an hour before the scheduled start of the press conference.

Ashin Min Thu Nya had planned to call on the government and State Sangha Maha Nayaka Committee (known as Ma Ha Na), to take action against U Wirathu in order to purify the Buddhist religion and to serve justice.

The nationalist monks said they had come to hear what Ashin Min Thu Nya had in mind when he spoke of "purifying" the religion.

As the room grew more and more crowded, organizers canceled the press conference, fearing the situation would escalate once Ashin Min Thu Nya and his monk supporters arrived.

Initially, it was agreed that five monks from each side would be allowed to attend the press conference. This agreement later collapsed, however, prompting Ko Zarni, the MJN secretary, to cancel the press conference.

The nationalist monks who had taken seats all stood up and angrily castigated Ashin Min Thu Nya for disrespecting them by failing to acknowledge their presence.

The monks began to exit the three-story building, but a group of U Wirathu supporters including some monks soon returned and demanded an explanation for the cancellation of the press conference.

Kaung Htet San, an MJN official, said he was not involved in the decision, and told them to ask the event's organizers for the reason. Some nationalists pressed Kaung Htet San to explain how the organization had selected the invitees, and began to threaten him. In response, he angrily told them to get out of his office.

Outside the building, monks expressed their dissatisfaction with the cancellation to members of the media.

The crowd eventually swelled to about 200 people, including supporters of both sides.

Some nationalist monks stopped event organizers and asked why they had canceled the press conference, with a few even displaying physically aggressive behavior.

Local residents expressed concerns that violence would erupt during dhamma talks that were due to be held on the street. Representatives of the community asked people to leave so that they could clean the street and arrange for carpeting to be rolled out. Eventually the crowd dispersed, but not before the owner of the building asked MJN officials to move out for fear of being targeted by nationalist monks.

'Secret' Press Conference

With tensions so high, Ashin Min Thu Nya was forced to return to his monastery in Yangon. He invited media to a conference at the monastery at about 5pm.

Ma Ha Na earlier banned U Wirathu from delivering sermons for a year, but he used a variety of strategies to get around this, including delivering his message via social media. Wearing a mask to symbolically represent his lost speech rights, he made shooting gestures in public and warned lawyers to "eat their last meals". He even said that he was a teacher of Kyi Lin, the accused gunman in the 2017 murder of prominent Muslim lawyer U Ko Ni.

Ashin Min Thu Nya, who comes from Karen State, has asked the government and Ma Ha Na to take action to limit the nationalist monk's hate speech.

"I want our country to have justice. I do not want him to destroy our Buddhist religion. I do not want other people to look down on Buddhism," he said.

Ashin Min Thu Nya said he had been threatened by nationalist monks on the phone, but added he could not be sure if the threats were serious. However, he said, "We all have a duty to protect our Buddhist religion. We all need to work together to stop [U Wirathu]. If we do not, we will not be able to stop him. If we keep ignoring his actions, our country will not have justice."

He added that it was mainly the responsibility of the Interior Ministry and higher court judges to take action against U Wirathu.

"I want to tell the world that his action reflects his personality alone. Our Buddhist monks do not support him," he said.

"U Wirathu violated the law. We want to know what action the government plans to take against him," said Ashin Min Thu Nya.

He said he had called the press conference in order to explain this to the international community and to people inside the country. He said that if the government and Ma Ha Na failed to act, the country's monks would be divided. Monks had already lost respect among the people, he said.

No Action from Authorities

Sources from the Religions Ministry said they had collected evidence in all cases in which U Wirathu had violated the law, but the higher court had not given the order to arrest him.

When a local court in Rangoon issued an order that action be taken against four nationalist youth who made threats outside a court last month, the police did not arrest them, the sources said.

Union Religions Minister U Aung Ko told reporters Monday at Parliament in Naypyidaw that Ma Ha Na had the responsibility to control monks who did not respect morality.

If the Sangha could not control those monks, then it could delegate authority to do so to his ministry, he said, and action would be taken. If action were taken against them, he said, they would fear authorities.

"We need to be united in taking action against these monks. If we are not, we cannot take action," he said, warning that authorities should not limit their actions to minor cases.

 

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Women Photographers Own Yangon Photo Night 2018

Posted: 26 Feb 2018 05:45 AM PST

YANGON — Women photographers won big at Saturday’s Yangon Photo Night, the awards event for this year’s Yangon Photo Festival.

At this year’s festival, its 10th running, the night featured 16 nominated photo essays on everything from human rights to animals from both professional and amateur photographers from across the country.

"There are over 100 photo stories submitting for this year. It wasn't easy to choose this nominated 16 stories and it's the hardest part of this event," said festival director Christophe Loviny.

The Yangon Photo Festival team. / Chanson / The Irrawaddy

The essays — six from professionals and 10 from amateurs — were judged by a jury of photographers and others before a public audience at the Institut Français de Birmanie.

A photo essay about female soldiers fighting for the Kachin Independence Army (KIA) by Seng Mai, a Kachin woman and editor-in-chief of the Myitkyina News Journal, won first prize among the professionals.

"I'm so happy to win this first prize and I’m much happier that I can show the abilities of Kachin's female soldiers in front of the ambassadors and the international and professional photographers," Seng Mai, 28, told The Irrawaddy.

"There's a war happened in Kachin State and I would like to show the struggle of female soldiers participating in the war and what their life is like, how they survive," she said.

"I started this project in November 2017. I went to Laiza and asked authorities for permission to take pictures, but [at first] they refused. Finally the authorities gave me a chance to take pictures but only for 24 hour. Their rules are very strict and mostly they don't want to show their faces."

But she did manage to find one girl who was willing to have her face photographed because she had no plans to leave the KIA.

"I'm not very satisfied with this photo essay myself because I got only one day and I didn’t get really good shots. But it still shows the real life of Kachin’s female soldiers, and I think I won the prize because not everyone gets the opportunity to take photos of the KIA," she said.

Seng Mai also won at last year’s festival for a photo essay about female drug addicts.

Su Su Mon accepts the top award for amateur photographers. / Chanson / The Irrawaddy

Among the amateur nominees, Su Su Mon won first prize for a collection of self-portraits.

"I didn't expect to win the prize and I can't express with words how happy I am right now," the 21-year-old said on stage through tears of joy.

Her photo essay focuses on her life growing up with five siblings and no parents and overcoming a physical disability.

Nyan Zay Htet accepts the second-place award for professional photographers. / Chanson / The Irrawaddy

Nyan Zay Htet won second place among the professional nominees and with it a trip to Amsterdam for the World Press Photo Awards.

Among the 16 nominees, nine walked away with awards in all.

The 10th Yangon Photo Festival opened on Feb. 16 and will run until March 4. Admission to the exhibits is free. For more information visit www.yangonphoto.com.

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Nine Children Die in Kachin State Boat Accident

Posted: 26 Feb 2018 04:09 AM PST

MANDALAY — Nine children died in Mohnyin Township, Kachin State, in a boat accident on Inn Daw Gyi Lake on Sunday.

A group of eighth-grade students was visiting a pagoda on the lake for a festival when their boat was hit by heavy winds and waves.

According to local officials, the boat was overloaded with 18 people: 15 students, their teacher, the boat driver and his daughter.

"It was in the evening, when we usually have heavy winds and waves on the lake. The boat was overloaded and it seems it could not be controlled properly in the heavy waves," said U Kyaw Kyaw Win, a state lawmaker representing Mohnyin.

Rescue teams arrived soon after the boat sank and were able to save nine people, including the teacher and boat driver. The bodies of the eight students and the driver’s daughter were recovered on Monday morning.

"It seems the teacher wanted her students to be happy and refreshed before the exam. But the teacher has been traumatized by the sad incident. We are also saddened by the incident because these students have to enter the year-end exam today," U Kyaw Kyaw Win said.

According to officials, the rescued students were receiving medical care at a local hospital as of Monday.

"Such incidents are common on Inn Daw Gyi. However, the death of nine people is tragic. We advise every visitor to wear a life jacket and the boat drivers not to overload and to be careful in the evening when there are usually heavy winds. If everyone follows the safety measures, there will be no such sad incidents," the lawmaker said.

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Finance Ministry Seeks Approval for Low-Cost Housing Plan

Posted: 26 Feb 2018 03:59 AM PST

Naypyitaw—The Ministry of Planning and Finance sought approval from the Union Parliament on Thursday to construct almost 12,000 low-cost apartment units over the next three years with financial support from Japan.

The so-called affordable and fairly priced housing projects—405 buildings with 11,914 apartments—will be built in Yangon, Irrawaddy, Magwe and Sagaing regions from the 2017-18 to 2019-20 fiscal years, said Deputy Minister for Planning and Finance U Maung Maung Win.

"Those wishing to buy affordable apartments with mortgages must have a minimum household income of 300,000 kyats per month, and those wishing to buy fairly priced apartments must have a minimum household income of 500,000 kyats per month," the deputy minister told the Parliament.

Buyers will have to put down 20 percent of the price of the apartment in cash, and pay the remaining 80 percent over a 10-15-year period at an interest rate of 8.5 percent.

The proposed three-year plan was met with criticism from some lawmakers for its lack of scope, prolonged development schedule and high interest rates.

Lower House MP U Aung Hlaing Win of Mingalardon Township said the project did not come close to covering the whole country's needs, noting that according to a Yangon regional government survey there are more than 700,000 squatters in Yangon alone.

"Rental housing projects in China will benefit millions," said the lawmaker, adding that three years was also an unnecessarily long period to build just 10,000 apartment units.

In September, China announced a pilot program in 13 major cities, including Beijing, Shanghai and Guangzhou, to build rental housing on rural land in order to provide a long-term solution to a housing supply shortage. Most of the projects are scheduled to be finished by 2021.

To support the project, Myanmar will receive an official development assistance (ODA) loan of ¥15 billion from Japan that will carry an annual interest rate of 0.01 percent, with the interest due to be paid back in the first 10 years, and the principal in the following 30 years.

The loans will be borrowed by the Ministry of Planning and Finance, with Myanma Economic Bank acting as an intermediary. Construction and Housing Development Bank will use the funding to provide mortgages to apartment buyers at an interest rate of 8.5 percent.

"The Ministry of Planning and Finance will take one percent of interest, Myanma Economic Bank and Construction and Housing Development Bank three percent each. The remaining 1.5 percent will be kept in a reserve account in Myanma Economic Bank," said U Maung Maung Win.

Lawmakers criticized the high interest rate charged by the government bodies compared with the low interest rate being charged by Japan.

"There were previous cases of funds being borrowed at low interest rates [from foreign lenders], and then extended at high interest rates [to people]. We discussed those cases, but then could do nothing and the parliament had to approve them," said U Aung Hlaing Win.

Members of the public also complained that the housing projects were in unattractive locations and lacked easy transport access.

"Those apartments are out of the town," said an official with the Education Ministry in Sanchaung Township who declined to be named. "But our offices are inside the town, and it is not convenient. People will be interested in them if they are really affordable," he said.

During State Counselor Daw Aung San Suu Kyi's goodwill visit to Japan in November 2016, the Japanese government promised to oversee an infusion of $8 billion in funds to Myanmar including private investment.

One of the agreements reached during the visit was a Housing Finance Development Project to be developed by the Construction Ministry with ODA loans from Japan.

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More than 100 Prisoners to Sit Matriculation Exam This Year

Posted: 26 Feb 2018 03:47 AM PST

NAYPYITAW — More than 100 prison inmates across the country will sit matriculation examinations in March, according to the Prisons Department.

"106 inmates have applied through the relevant prison departments to do the exam. There may be more who have applied on their own, but we don't know yet," Naypyitaw-based Prisons Department Deputy Director U Min Tun Soe told The Irrawaddy.

The matriculation examination is the major university entrance test administered in Myanmar. It is used to determine which field of study new students will pursue.

Yangon's Insein Prison started allowing inmates to take matriculation exams in the 2012-13 academic year, and Obo Prison in Mandalay followed suit in 2016-17. The Prisons Department has announced that beginning in the current academic year (2017-18), all inmates across the country will be allowed to apply to sit the exam.

Taking the exam this year are inmates from Insein, Obo, Karen State's Hpa-an and Taninthayi's Myeik prisons.

According to U Min Tun Soe, Insein and Obo prisons launched wide-scale personal development programs for inmates in 2016, aimed at teaching illiterate inmates the "three Rs" — reading, writing and arithmetic — as well as religious and health lessons, and vocational training.

Inmates preparing for the exam are being taught by other inmates and on weekends by outside teachers, he said.

"It is a very good system to allow the young persons who are behind bars for various reasons [to sit exams]," said U Than Htike Lin, who teaches the Swan Ye Htet spoken-English class in Pyinmana.

The matriculation examinations will be held from March 7-16. This year will see the most inmates sitting for the exam since permission was first granted in 2012-13.

From 2012-13 to 2016-17, a total of 29 inmates from Insein Prison passed the matriculation examination. Last year at Obo Prison, nine inmates passed, with five earning one distinction each, and one prisoner earning three distinctions.

According to the Education Ministry's Department of Examinations, more than 840,000 students registered to take the matriculation examination nationwide this year, up from 767,442 last year.

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Myanmar Delegation Barred From Genocide Conference In Berlin

Posted: 26 Feb 2018 03:40 AM PST

YANGON—A Myanmar delegation was blocked from joining an international genocide conference being held in Berlin to push European leaders to do more to help the beleaguered Rohingya.

The conference, which started on Monday, is being attended by international scholars, human rights activists and Rohingya lobbyists based outside of Myanmar. Participants include Yanghee Lee, the UN's special envoy on human rights in Myanmar, who has been banned from returning to the country on the grounds that her reporting on the crisis in Rakhine State has been biased in favor of the Rohingya.

The eight-member group from Myanmar — who are part of the Strategies for Peace, Harmony and Development Workshop — comprised Dr Aung Tun Thet, the chief coordinator of the government's Union Enterprise for Humanitarian Assistance, Resettlement and Development in Rakhine and Daw Pyone Kaythi Niang, an NLD lawmaker and member of the International Relations Parliamentary Committee as well as others from the private and public sectors.

The workshop was set up by the Ministry of Foreign Affairs-affiliated Myanmar Institute of Strategic and International Studies (Myanmar ISIS). Established in 1992 by the State Law and Order Restoration Council (SLORC) with the then minister of foreign affairs as its chairman, Myanmar ISIS was restructured in 2013 and is now run by members with foreign-service experience. As a research and policy analysis institute working on international relations and Myanmar foreign policy, it continues to exchange views with the Myanmar Ministry of Foreign Affairs while also engaging in track-II, or backchannel, diplomacy.

According to a press briefing organized by the members on Monday in Yangon, the objective of joining the conference in Berlin was to "listen and engage with the participants of the event."

The group said all members had successfully registered on Thursday for the 'Berlin Conference on Myanmar Genocide' via the Eventbrite online platform and received confirmation that their registration had been successful with tickets being issued.

However, the members were informed via email at around midnight on Friday that their registrations for the conference had been cancelled, with the organizing team claiming they couldn't offer the seats "due to overbooking of the event."

Daw Pyone Kaythi Naing told the press conference on Monday that the members had hoped to attend the conference to get a better understanding and appreciation of external views.

The delegation members told the press briefing that they were disappointed to be denied the chance to participate in the conference as their attendance would have created a well-rounded audience that brought in independent voices. However, they now shared genuine concerns that the organizers of the Berlin conference had deliberately sought to exclude participants from Myanmar.

"This leads us to question the real intention behind this particular event as well as fuel our concerns that the conference will create more complexities, which in turn will be very counter-productive to finding a long-lasting solution for the people from all communities in Rakhine," the members told the briefing.

Since Muslim militant attacks in August in northern Rakhine State last year, hundreds of thousands of Rohingya have fled to neighboring Bangladesh following the Myanmar military's clearance operations. Myanmar has been internationally criticized for human rights abuses against the Rohingya. While the country categorically rejects that there is genocide taking place in the state, it had acknowledged that the situation in Rakhine is in dire need of attention and collaboration with all stakeholders.

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FELA’s Paintings of Myanmar’s Way of Life Find an Audience after His Death

Posted: 26 Feb 2018 01:03 AM PST

Young men dance to the accompaniment of traditional musical instruments in a painting depicting an ordination ceremony.

Unfortunately we cannot ask FELA, the creator of this picture, what he was feeling as he painted it. He passed away some five months ago after creating his last paintings of Myanmar's culture and customs, working beside U Bein Bridge and at the foot of Mandalay Hill.

FELA struggled his whole life, eking out a living from selling his Myanmar-modernist paintings for a pittance. He died at the age of 66, just months after his work finally came to the notice of art fans, and never reaped the rewards he deserved.

One of his fans, Ma Su, has organized an exhibition in his memory. Entitled "Lay Hsan Ngat", meaning "Bird Flying into the Wind", the exhibition will be open through Tuesday at OK Art Gallery at Aung San Stadium in Yangon.

"He lived his life for his cause and created his paintings boldly and independently, and hoped for nothing in return. He depicted Myanmar's culture and customs in a lovely way. His paintings offer a taste of Myanmar's culture and modernism, and are as real as life," Ma Su said.

FELA studied at Yangon School of Fine Arts, then lived in Mandalay until his death. His paintings mostly feature young women tending to rice plants and fetching water, traditional dancers, monks and novices on their alms rounds, young men playing caneball, markets and ethnic dances.

"He was an easygoing man. And his painting style was distinct from others'," said Mandalay artist Lu Eain.

"Some [buyers] from Europe have asked about his paintings since his death," he lamented.

Over 20 paintings are on display at the exhibition, and can be purchased for between $500 and $2,500.

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Apple Moves to Store iCloud Keys in China, Raising Human Rights Fears

Posted: 25 Feb 2018 09:15 PM PST

SAN FRANCISCO/BEIJING — When Apple Inc. begins hosting Chinese users’ iCloud accounts in a new Chinese data center at the end of this month to comply with new laws there, Chinese authorities will have far easier access to text messages, email and other data stored in the cloud.

That's because of a change to how the company handles the cryptographic keys needed to unlock an iCloud account. Until now, such keys have always been stored in the United States, meaning that any government or law enforcement authority seeking access to a Chinese iCloud account needed to go through the US legal system.

Now, according to Apple, for the first time the company will store the keys for Chinese iCloud accounts in China itself. That means Chinese authorities will no longer have to use the US courts to seek information on iCloud users and can instead use their own legal system to ask Apple to hand over iCloud data for Chinese users, legal experts said.

Human rights activists say they fear the authorities could use that power to track down dissidents, citing cases from more than a decade ago in which Yahoo Inc. handed over user data that led to arrests and prison sentences for two democracy advocates. Jing Zhao, a human rights activist and Apple shareholder, said he could envisage worse human rights issues arising from Apple handing over iCloud data than occurred in the Yahoo case.

In a statement, Apple said it had to comply with recently introduced Chinese laws that require cloud services offered to Chinese citizens be operated by Chinese companies and that the data be stored in China. It said that while the company's values don't change in different parts of the world, it is subject to each country's laws.

"While we advocated against iCloud being subject to these laws, we were ultimately unsuccessful," it said. Apple said it decided it was better to offer iCloud under the new system because discontinuing it would lead to a bad user experience and actually lead to less data privacy and security for its Chinese customers.

As a result, Apple has established a data center for Chinese users in a contractual arrangement with state-owned firm Guizhou – Cloud Big Data Industry Co Ltd. The firm was set up and funded by the provincial government in the relatively poor southwestern Chinese province of Guizhou in 2014. The Guizhou company has close ties to the Chinese government and the Chinese Communist Party.

The Apple decision highlights a difficult reality for many US technology companies operating in China. If they don't accept demands to partner with Chinese companies and store data in China then they risk losing access to the lucrative Chinese market, despite fears about trade secret theft and the rights of Chinese customers.

Broad Powers

Apple says the joint venture does not mean that China has any kind of “backdoor” into user data and that Apple alone — not its Chinese partner — will control the encryption keys. But Chinese customers will notice some differences from the start: Their iCloud accounts will now be co-branded with the name of the local partner, a first for Apple.

And even though Chinese iPhones will retain the security features that can make it all but impossible for anyone, even Apple, to get access to the phone itself, that will not apply to the iCloud accounts. Any information in the iCloud account could be accessible to Chinese authorities who can present Apple with a legal order.

Apple said it will only respond to valid legal requests in China, but China’s domestic legal process is very different than that in the US, lacking anything quite like an American “warrant” reviewed by an independent court, Chinese legal experts said. Court approval isn't required under Chinese law and police can issue and execute warrants.

"Even very early in a criminal investigation, police have broad powers to collect evidence," said Jeremy Daum, an attorney and research fellow at Yale Law School's Paul Tsai China Center in Beijing. "[They are] authorized by internal police procedures rather than independent court review, and the public has an obligation to cooperate."

Guizhou – Cloud Big Data and China's cyber and industry regulators did not immediately respond to requests for comment. The Guizhou provincial government said it had no specific comment.

There are few penalties for breaking what rules do exist around obtaining warrants in China. And while China does have data privacy laws, there are broad exceptions when authorities investigate criminal acts, which can include undermining communist values, "picking quarrels" online, or even using a virtual private network to browse the Internet privately.

Apple says the cryptographic keys stored in China will be specific to the data of Chinese customers, meaning Chinese authorities can’t ask Apple to use them to decrypt data in other countries like the United States.

Privacy lawyers say the changes represent a big downgrade in protections for Chinese customers.

“The US standard, when it’s a warrant and when it’s properly executed, is the most privacy-protecting standard,” said Camille Fischer of the Electronic Frontier Foundation.

Warned Customers

Apple has given its Chinese users notifications about the Feb. 28 switchover to the Chinese data center in the form of emailed warnings and so-called push alerts, reminding users that they can choose to opt out of iCloud and store information solely on their device. The change only affects users who set China as their country on Apple devices and doesn't affect users who select Hong Kong, Macau or Taiwan.

Apple doesn’t require an iCloud account to set up and use an iPhone. But if the user enables iCloud during set up, the default settings on the iPhone will automatically create an iCloud backup. Apple declined to comment on whether it would change its default settings to make iCloud an opt-in service, rather than opt-out, for Chinese users.

Apple said it will not switch customers' accounts to the Chinese data center until they agree to new terms of service and that more than 99.9 percent of current users have already done so.

Until now, Apple appears to have handed over very little data about Chinese users. From mid-2013 to mid-2017, Apple said it did not give customer account content to Chinese authorities, despite having received 176 requests, according to transparency reports published by the company. By contrast, Apple has given the United States customer account content in response to 2,366 out of 8,475 government requests.

Those figures are from before the Chinese cyber security laws took effect and also don’t include special national security requests in which U.S. officials might have requested data about Chinese nationals. Apple, along with other companies, is prevented by law from disclosing the targets of those requests.

Apple said requests for data from the new Chinese datacenter will be reflected in its transparency reports and that it won't respond to "bulk" data requests.

Human rights activists say they are also concerned about such a close relationship with a state-controlled entity like Guizhou-Cloud Big Data.

Sharon Hom, executive director of Human Rights in China, said the Chinese Communist Party could also pressure Apple through a committee of members it will have within the company. These committees have been pushing for more influence over decision making within foreign-invested companies in the past couple of years.

 

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Philippine Catholics Protest Drug Killings, Death Penalty

Posted: 25 Feb 2018 08:22 PM PST

MANILA — Around a thousand Catholics in the Philippines marched in Manila on Saturday to protest President Rodrigo Duterte’s bloody war on drugs and his efforts to reinstate the death penalty.

The protests come a day after students in the capital and provincial universities held demonstrations against Duterte, and a day before the 32nd anniversary of the “People Power” revolution that drove dictator Ferdinand Marcos into exile.

Catholic devotees prayed the rosary and sang hymns as bishops and the Philippines’ own cardinal read sermons against what they say are not “pro-life” policies in the government.

The protesters carried banners and placards with the massage “Protect and Defend the Sanctity of Life and Marriage,” “End Impunity” and “Stop the Killings.”

Despite criticism of the Philippine leader’s bloody war on drugs campaign, Duterte remains wildly popular and a trusted public official in the Southeast Asian nation.

The Social Weather Station’s (SWS) latest quarterly poll shows Duterte’s trust rating bounced back to “excellent” in December from “very high” three months before. Another survey by the privately run pollster gave his government the best rating so far for a Philippine administration since surveys started in the 1980s.

The Catholic Church protested the pending bills in Congress introducing divorce and re-imposing capital punishment.

The majority of the Philippines’ 105 million people are Catholic. Despite the popularity of the anti-drugs crackdown, some sectors of the church have become increasingly vocal on the drugs killings, with the church calling for justice and offering sanctuary to drug users.

“The threat is still there. We still hear news of extrajudicial killings. And still the bill of the death penalty is in Congress,” said Broderick Pabillo, Manila auxiliary bishop.

More than 4,000 suspected drug dealers have been killed since Duterte took office in June 2016. Police said the killings resulted from self-defense during raids and sting operations.

The post Philippine Catholics Protest Drug Killings, Death Penalty appeared first on The Irrawaddy.

Bangladesh Police Free Detained Foreign Aid Workers

Posted: 25 Feb 2018 08:16 PM PST

DHAKA — The Bangladesh police authority has freed all the foreign aid workers who had been detained near the city of Cox’s Bazar after failing to show their passports, visas or work permits, a senior police official said on Saturday.

The Rapid Action Battalion (RAB), the elite force of the Bangladesh police, had on Friday detained 11 aid workers with a number of different non-government organizations (NGOs) and handed them over to local police.

Mohammad Abul Khair, officer in charge of the police station in the Ukhiya sub-district, near Cox’s Bazar, said two of the aid workers were from the United Kingdom, two were from Italy, and one each were from Turkey, the Netherlands, Norway, Belgium, Brazil, Korea and Kenya.

"All of them were going to a refugees' camp from Cox's Bazar by their own vehicles, but they could not produce their passport, visa or work permit," Khair told Reuters.

"All of them were freed later after their written undertaking that in future they will not visit any camp or will not come out without a valid passport or visa," Khair added.

Nearly 700,000 Rohingyas have fled Myanmar’s Rakhine State and crossed into Bangladesh since August, when attacks on security posts by insurgents triggered a military crackdown that the United Nations has said amounts to ethnic cleansing.

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