Tuesday, May 8, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

Emotional Memorial for Karen Environmentalist Shot by Soldiers

Posted: 08 May 2018 06:51 AM PDT

MAE SOT, Thailand — Ethnic Karen gathered for an emotional memorial service in Mae Sot, Thailand, on Saturday, a month after the fatal shooting of environmentalist Saw O Moo, described by colleagues as one of their “most committed land protectors, peace advocates and indigenous rights defenders."

"He was a visionary” in regards to the peace process and working for his people and community, said Doe Doh of the Karen Environmental and Social Action Network (KESAN).

Doe Doh said he and Saw O Moo had grown close over the past five years and described his friend as “genuine” is his role as a member of Lu Thaw Paw Day, a community-based organization that works with KESAN.

"He tried to protect the natural resources" and worked tirelessly to do so after the government and military signed a bilateral ceasefire deal and later, in 2015, the Nationwide Ceasefire Agreement with the Karen National Liberation Army (KNLA).

A woman lights a candle at a memorial service for Saw O Moo in Mae Sot, Thailand, on Saturday. / Brennan O’Connor

Saw O Moo was shot and killed by soldiers of the Myanmar army, or Tatmadaw, while driving home on the evening of April 5 from a community meeting on how to support displaced villagers in Mutraw (also known as Papun) District. A KNLA fighter whom Saw O Moo was giving a lift to managed to escape but recalled hearing a hail of gunfire.

More than six Tatmadaw battalions have been deployed to Lu Thaw Township since early March to seize an area controlled by the KNLA in order to expand a military road abandoned in 2012 and connect two mountain bases. Since then, fighting between the Tatmadaw and KNLA has been ongoing.

As an indigenous wildlife researcher, Saw O Moo worked to preserve old-growth forest inside a 5,400-square km area in northern Karen State in hopes of turning it into a “peace park” in partnership with KESAN and the Forestry Department of the Karen National Union. The area along the Salween River Basin is home to several endangered and vulnerable animals including tigers, clouded leopards, sun bears and gibbons and many other species of flora and fauna.

As an animist and ethnic Karen from the area, Saw O Moo was indispensable in helping to bridge the many communities living in the proposed park’s boundaries, and in sorting out disagreements over the direction of the park, explained Doe Doh.

In a tribute posted to KESAN’s website, Saw O Moo is quoted as saying at a public meeting in December: “For us as indigenous people, the Salween Peace Park represents our deepest desires and needs.”

A month after Saw O Moo’s death, the Tatmadaw has yet to return his body, which it claims to have buried. Even so, family and friends attempted to hold a three-day funeral in his home village of Ler Mu Plaw according to their animist traditions. But they fled in fear on the second day when a large group of Tatmadaw soldiers was spotted nearby.

Karen villagers participate in an animist funeral ceremony for Saw O Moo in his home village of Ler Mu Plaw, Karen State, on Wednesday. / KESAN

Saw O Moo’s wife, Naw Paw Tha, is angry the army is refusing to return her husband’s body.

In a documentary video screened at the memorial, she said: "What I want to know is why we still haven't been allowed to see his body. I’m extremely distressed about this. He was the head of our household; we have to perform a proper funeral ritual according to our animist traditions. We want the Burma Army to tell us exactly where his body and grave is. We will then collect his hair, nails, teeth, or any part of his body in order to perform our ritual ceremony so we can be at peace."

With her husband gone, Naw Paw Tha wonders how she and their seven children will survive. They are currently living in a camp for displaced families, after having to flee from the Tatmadaw’s offensives.

Seated at the front of the memorial service in Mae Sot, their sons Saw Maw Chit Nue, 10, and Saw Lwe Soe, 9, cried at times over the loss of their father.

Although Saw O Moo could never be replaced, "the movement, the struggle will continue," said Doe Doh. “Even though he is no longer with us, we have to make sure that the work he has contributed will continue."

The post Emotional Memorial for Karen Environmentalist Shot by Soldiers appeared first on The Irrawaddy.

Three Chin State Ministers Slated for Removal

Posted: 08 May 2018 05:19 AM PDT

MANDALAY — Chin State is seeking approval from the President's Office to reshuffle the state cabinet, the state Parliament's speaker said.

U Zo Bwe told The Irrawaddy on Tuesday that three state ministers would be transferred to different ministries due to their poor performance.

"Their performances are poor; we have received complaints from locals. They have shown poor management and slow progress at state development projects for which they are responsible," U Zo Bwe said.

"Parliament decided to reassign them to other ministries and will replace them with other ministers who can do the job," he said.

According to the speaker, the state Parliament sent a letter to the President's Office in Naypyitaw last week seeking approval for the reshuffle.

The three are Salai Isaac Khen, state minister for municipal works, electricity and industry; Pao Lwin Min Htan, minister for social affairs; and Pu Shwe Thio, minister for transportation.

However, the state parliament did not disclose what the new cabinet lineup would look like once the transfers were complete.

"We will announce the reorganized positions once we receive approval from the president, hopefully in two weeks," the speaker said.

In Chin State, there are a total of six ministers, including the chief minister. The chief minister and two other ministers are members of the National League for Democracy (NLD).

The cabinet also includes a minister from the Zomi Congress for Democracy party. Two others are experts selected from among non-politicians.

The post Three Chin State Ministers Slated for Removal appeared first on The Irrawaddy.

 93 Refugees Repatriated from Thailand-Myanmar Border Camps

Posted: 08 May 2018 04:12 AM PDT

CHIANG MAI, Thailand — Ninety-three Myanmar refugees from five camps along the Thailand-Myanmar border returned to their homes on Monday through a voluntary repatriation program facilitated by the UNHCR, and the Thai and Myanmar governments.

This is the second phase of repatriation for refugees who fled clashes between Tatmadaw troops and the ethnic Karen and Karenni armed groups in southeastern Myanmar decades ago. In October 2016, 71 people were repatriated through official channels to pilot the return program.

There were nearly 150,000 refugees along the Thailand-Myanmar border in 2012 and nearly 100,000 refugees still remain in nine camps, according to the UNHCR.

The 93 returnees were from the Mae La, Umpiem and Nu Po refugee camps in Tak Province; Ban Mai Nai Soi camp in Mae Hong Song; and Ban Don Yang camp in Kanchanaburi Township, according to the UNHCR Thailand.

Twenty of the refugees were repatriated through Mae Hong Song to Karenni State, while the others returned through Myawaddy, Karen State.

They were welcomed by Myanmar government officials led by Karen State Chief Minister Daw Nan Khin Htwe Myint in Myawaddy on Monday. Some will proceed to Yangon, Bago and Sagaing regions.

According to Hannah Macdonald, the associate external relations officer of the UNHCR in Bangkok, the UNHCR and partner organizations provided the returnees with assistance packages, which included food, mosquito nets and sanitary kits for women, travel bags, hygiene kits, transportation, as well as cash for integration in their initial months of return.

Macdonald said the current repatriation process only takes place at the request of refugees and that the UNHCR then supports their voluntary return. The UNHCR provides counseling to families to ensure their decision is voluntary and that information on available services upon their return is provided.

The UN agency opened voluntary repatriation centers and began collecting registration information in 2016. After repatriation, the UNHCR in Myanmar monitors the returnees closely and maintains contact with them, said the UNHCR spokesperson.

"Of course, the number in each return will be driven by the wishes of the refugees and also the environment and whether we can support a safe and dignified voluntary return. Camp leaders suggested that around 10,000 refugees are currently interested in facilitated returns," she told The Irrawaddy on Tuesday.

"Refugees are fully capable of making their own decisions," she said, with the UNHCR providing support for "each of these people who have the right to return to their country of citizenship."

The UNHCR also said in a press release on Tuesday: "In south-eastern Myanmar, conditions allow for the UNHCR to facilitate the voluntary return of refugees from Thailand to that area. In Myanmar's Rakhine State, however, UNHCR believes that the situation is not yet conducive for the return of Rohingya refugees."

More Voluntary Returnees Without UN Support

However, many refugees have chosen to return to their homes through processes not supported by the government or UNHCR.

From 2012 until today, some 18,000 refugees returned without government assistance to their homes in southeastern Myanmar, according to The Border Consortium (TBC), an INGO supporting nutrition, shelter and livelihood support programs in the camps. TBC provides support to some 93,000 people in nine camps, as well as to internally displaced people in southeastern Myanmar.

In 2017 alone, 4,095 people from nine refugee camps went back to their home villages on their own, said Sally Thompson, the executive director of TBC.

She said, "While we encourage people to go through the system through the UNHCR facilitated return process, we also recognize that there are many people who at the moment choose not to go back, largely because they don't want to be identified and when they are ready to go back, they want to leave and move forward and not wait for a long time to be approved by the government."

Furthermore, ongoing security concerns – including no sign of demining and no agreement between the Tatmadaw and ethnic armed groups to stop planting landmines – contributes to the hesitancy surrounding refugee returns.

Thompson said it is sometimes difficult to get refugees to go through official channels, but that the official return procedures include awareness education on landmines.

Despite efforts by the Thailand and Myanmar governments to bring the refugees home, recent Tatmadaw troop deployment in Karen State’s Papun district over the rebuilding of old road resulted in fighting between the Karen National Liberation Army (KNLA) and Tatmadaw troops in early March and displaced more than 2,000 locals into the jungle.

Likewise, Thompson said, refugees from Karenni State also fear for their security after reports of Tatmadaw troops killing Karenni National Progressive Party soldiers at KNPP checkpoints in Loikaw in December 2017.

"This ongoing militarization in the southeast does not bring any confidence to the refugees for their return," she added.

The UNHCR hopes for more voluntary returns through its facilitated process, said Hannah Macdonald, adding that it is working together and advocating with both governments "so that facilitated returns can be carried out in a more efficient and flexible manner."

During a bilateral meeting between Myanmar and Thailand in late March, the two governments agreed to facilitate returns twice a year.

But the governments have not yet set a date for the third repatriation.

The government-led facilitated process is "very new and very evolving, so we still are trying to work out the best way to do it. … We hope as the process is improved [when it will become simpler, faster and more frequent], more refugees will return through the official process," added Ms. Hannah.

The post  93 Refugees Repatriated from Thailand-Myanmar Border Camps appeared first on The Irrawaddy.

Activist Jailed for Streaming Anti-Conflict Drama on Facebook

Posted: 08 May 2018 03:33 AM PDT

PATHEIN, Irrawaddy Region — A local court in Pathein on Monday sentenced a human rights activist to three months in prison for broadcasting live on Facebook a drama deemed to be critical of the Myanmar Army (or Tatmadaw).

The Tatmadaw's Southwestern Command sued nine students for defamation in January last year after they staged a performance at the Pathein Hotel in Pathein, the capital of Irrawaddy Region, depicting Tatmadaw clashes with ethnic armed groups. The performance was staged amid peace discussions.

U Htun Htun Oo, leader of the Human Rights Activists Association—a Pathein-based civil society organization—was also sued the by the command under Article 66 (d) of the 2013 Myanmar Telecommunications Law for broadcasting the drama live on the social media platform.

"The judicial sector is under pressure. Article 66 (d) directly bars the rights and freedoms of citizens enshrined in the Constitution. So as long as there are laws that restrict freedom of expression, there will still be defendants like me," U Htun Htun Oo told The Irrawaddy after the trial.

In April, Pathein Township Court fined eight of nine students who staged the drama.

Two students were fined 50,000 kyats each, and six others were fined 30,000 kyats each. Pathein Township Court issued an arrest warrant for the ninth student, Myo Ko Ko, after he failed to appear in court.

The students performed a satirical comedy in which a news agency called "Oxygen" interviews supporters of conflict in Myanmar. During the play, one character, a soldier's wife, claims to support war because wives can have affairs while their soldier husbands are away fighting.

The Tatmadaw was not amused by that part of the play and filed the lawsuit in response.

"They were accused of performing dialogue that defamed soldiers and their wives. When I examined them, [I found that] they did perform that dialogue and U Htun Htun Oo broadcast it live on Facebook. So, I decided he also bears responsibility and I delivered this verdict. I was not pressured to make this verdict," Pathein Township Judge U Win Aung told The Irrawaddy.

The judge said he limited the punishment to a fine, and intended it as a warning, saying they are still young and only intended for the play to be viewed by the people in the hall of the Pathein Hotel, where its impact would be limited.

However, the judge said, U Htun Htun Oo is an adult and his live stream was viewed by people around the world. Therefore, he sentenced him to prison so that he will consider the consequences of his actions on other people before he acts next time, said the judge.

The controversial Article 66 (d) of the Telecommunications Law carries a maximum three years' imprisonment.

The post Activist Jailed for Streaming Anti-Conflict Drama on Facebook appeared first on The Irrawaddy.

A Tale of 3 Constitutions

Posted: 08 May 2018 03:23 AM PDT

YANGON — Since the country's independence from the British 70 years ago, Myanmar has had three constitutions. The current charter, The Constitution of the Republic of the Union of Myanmar, was promulgated in 2008. The two others were abolished when the military took control in 1962 and 1988, respectively. Here is a brief history of the country's three constitutions.

The Constitution of the Union of Burma (1947)

Myanmar’s first Constitution was drafted in May 1947, shortly before the country's independence, at Jubilee Hall in Yangon. General Aung San, the father of current State Counselor Daw Aung San Suu Kyi, led the 75-member drafting committee. He also briefed Parliament about the charter. The Constitution was ratified on Sept. 24, 1947, and remained in force from 1948 to 1962, when a military coup led by General Ne Win toppled the government.

The Constitution of the Socialist Republic of the Union of Burma (1974)

Drafted by the Burma Socialist Program Party and ratified by referendum on Jan. 3, 1974, the charter was designed to build a socialist democratic social order and a socialist economic system via the Burmese Way to Socialism. The drafting committee was led by then-President U San Yu and had 97 members. Fourteen years later, Myanmar was among the poorest countries in Southeast Asia and among the least developed nations in the world, leading to a nationwide popular uprising in 1988 that toppled the military-backed socialist leadership in August of that year. The charter came to an end when the military seized power in September.

The Constitution of the Republic of the Union of Myanmar (2008)

Probably the most controversial of Myanmar's three constitutions, it expressly enshrines the military's involvement in national politics.  After a 13-year discussion, from 1993 to 2006, the military organized a national convention in 2007 to draft a Constitution. According to a government announcement at the time, the convention was joined by more than 1,000 representatives, including delegates from various political parties and ethnic regions. But the NLD decided to boycott the pre-convention discussions in 1995, saying it was undemocratic. In October 2007, a 54-member drafting commission was formed under the leadership of Chief Justice U Aung Toe.

A nationwide referendum to ratify the charter was held on May 10, 2008. But voting was postponed to May 24 in seven townships in Irrawaddy Region and 40 townships in Yangon due to Cyclone Nargis, which killed more than 100,000 people a week before the scheduled referendum. The then-military regime promulgated the charter on May 29, claiming that more than 92 percent of 26 million-plus voters supported it.

Critics complain that the charter encourages the military's involvement in politics by guaranteeing 25 percent of parliamentary seats to men in uniform. The charter also states that it can only be amended with support from more than 75 percent of lawmakers, ensuring that changes can only be made with the military’s consent. The charter describes the military as a guardian of the Constitution. Attempts by the NLD and other organizations to amend the Constitution have yet to succeed.

The post A Tale of 3 Constitutions appeared first on The Irrawaddy.

Police Sue Protest Organizers in Mandalay, Yangon

Posted: 08 May 2018 01:49 AM PDT

MANDALAY — Police in Mandalay and Yangon have sued the organizers of weekend protests calling on authorities to immediately rescue villagers in Kachin State who have been trapped for weeks by fighting between the Myanmar military and the Kachin Independence Army (KIA).

On Sunday, activists in Yangon and Mandalay took to the streets calling for an end to the fighting in ethnic areas and the rescue of trapped families displaced by the attacks.

The next day, police in Yangon’s Kyauktada Township filed a lawsuit against the organizers — Kaung Htet Kyaw, Zeya, Ye Aung Aye and Myo Saw — for holding the march without official approval.

The No. 8 police station in Mandalay's Chanayethazan Township also filed a lawsuit against three activists under Article 19 of the Peaceful Assembly and Procession Law following the protesters’ motorbike ride on Sunday.

"We've filed a lawsuit against three people, including Aung Hmine San, for unlawful procession," Mandalay District Police Lieutenant Colonel Myo Aung told The Irrawaddy.

More than 40 political activists and civil society members protested in Chanayethazan in blue shirts reading “May peace prevail in Myanmar” and holding placards reading “No War,” “Free IDPs” and “Stop attacks in ethnic areas” along with photos of displaced children.

"We organized the campaign in sympathy with our brothers who are in trouble. We have nothing to say if [authorities] call it unlawful and take action against us," said a demonstrator who spoke on condition of anonymity.

Translated from Burmese by Thet Ko Ko.

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Locals Flee Fresh Clashes in Shan State

Posted: 08 May 2018 12:41 AM PDT

YANGON — Nearly 600 locals from Namtu Township, northern Shan State, have been displaced by clashes between the Shan State Army-North (SSA-N) and the Ta'ang National Liberation Army (TNLA).

Clashes broke out between the SSA-N and the TNLA on May 4 near Man Sa Awng village in Namtu and have since then forced more than 500 residents from several nearby villages, said administrator of Mong Yin village U Tun Hline.

"Villagers from two more villages fled to us [on Sunday]. And we accommodated them at monasteries," said U Tun Hline.

A total of 583 villagers are taking shelter at monasteries in Mong Yin and Weik Nan villages. Displaced persons are in need of clothing, food and healthcare.

"Locals from Na Pein and Lauk Long have fled out of fear following the clashes in Man Sa Awng," said U San Thein, the administrator of Weik Nan village.

Two locals from Man Sa Awng village were injured and sent to Lashio Hospital on May 4 after artillery shells fell on the village, he said.

Clashes continued on Sunday in Man Sa Awng village and military tensions remain high in the area, said locals of Mong Yin.

"The situation is not good. We could hear gunfire from Man Sa Awng, as our village is only five furlongs from there," said U Tun Hline.

Locals claimed that Light Infantry Battalion No. 324 of the Tatmadaw stationed just one and a half miles from Man Sa Awng village brought in reinforcements.

The Irrawaddy was unable to obtain comments from either of the ethnic armed organizations regarding the clashes.

The fighting followed a meeting between the Shan State Progressive Party (SSPP), the political wing of the SSA-N, and the government Peace Commission from May 1 to 2 regarding the nationwide ceasefire agreement.

The SSPP and TNLA are the members of the ethnic alliance the Federal Political Negotiation and Consultative Committee led by the United Wa State Army (UWSA).

Translated from Burmese by Thet Ko Ko.

The post Locals Flee Fresh Clashes in Shan State appeared first on The Irrawaddy.

Constitutional Conundrum

Posted: 08 May 2018 12:40 AM PDT

It has been 10 years since the military-drafted 2008 Constitution entered into force. Constitutional reform remains elusive, and the military retains a powerful influence under the charter. The Irrawaddy revisits this cover story from the magazine’s April 2008 issue, published one month before the constitutional referendum was held.

FOR the generals who rule Burma, it is a step closer to the coveted goal of permanent military control of the country's politics. For its detractors, it is a potential lightning rod for decades of pent-up discontent. But for most, it is still a mystery, as they wonder if this is really a distant light at the end of the tunnel or the headlights of an impending disaster.

The Burmese regime's draft constitution, which Burmese voters will be asked to endorse or reject in a referendum in May, has drawn many reactions from people both inside and outside the country.

Although there is little consensus on the constitution, which was 14 years in the making, few doubt that the referendum, if it actually goes ahead, will be the junta's most significant political move since elections in 1990, when voters unequivocally signaled a desire for an end to military rule.

For dissidents in Burma, that desire has only grown stronger over the past 18 years. They see the referendum as an opportunity to let the junta and the world know that that it is time for the generals to go.

"This is not a referendum," said Tun Myint Aung, a leader of the 88 Generation Students group. "This is a chance to vote against military rule."

"The regime has given us two choices—'yes' or 'no.' But the only real choice is, should we vote 'no' or just boycott?" he added.

Calls for a referendum boycott have been growing, but Tun Myint Aung, who spoke to The Irrawaddy by phone from a hiding place in Burma, insisted that only a vote "No" would send a clear message.

"It doesn't matter what people think of the constitution," the prominent activist said. "They will just be voting to express the anger that has been accumulating over the past 20 years."

The Tatmadaw Chapter

Of all the people The Irrawaddy has spoken to about the referendum since it was announced on February 9, few have expressed any interest in the actual contents of the constitution, which was released by the junta in March. In the absence of public debate on the constitution, most discussion among exiles and dissidents has focused on ways to effectively turn the referendum against the junta.

The draft constitution does not fundamentally differ from a version of the "principles" of the constitution released by the Ministry of Information in August 2007, one month before the National Convention formally completed its work on the charter.

The draft contains an entire chapter spelling out the precise powers of the military. This chapter, entitled "Tatmadaw"(Burmese for armed forces), is something new in Burma's constitutional history and represents the first explicit attempt to enable the armed forces to "participate in the national political leadership role of the State"—one of the stated goals of the first chapter of constitutional "principles."

The cover of The Irrawaddy magazine’s April 2008 issue

In concrete terms, this means that 25 percent of the seats in both the upper and lower houses of parliament would be filled with military appointees selected by the Tatmadaw commander in chief. That is, 110 members of the 440-seat lower house, or People's Parliament, and 56 members of the 224-seat upper house, or National Parliament, would be selected from within the ranks of the armed forces.

The powers of the commander in chief also extend to the selection of the president and two vice presidents. Each of these positions would be filled by individuals selected by the People's Parliament, the National Parliament and a committee of military officials appointed by the commander in chief, ensuring that a member of the armed forces would occupy at least one of these top government positions—most likely the presidency, since the Tatmadaw exercises considerable influence over both houses of parliament. The commander in chief, meanwhile, would possess powers equal to those of the two vice presidents.

While all of these measures are intended to give the military considerable power over the government, there would also be guarantees that this influence doesn't go in both directions. Parliament would not be permitted to discuss or interfere in military affairs, including defense spending. Under the new constitution, "The Tatmadaw has the right to independently administer all affairs concerning the armed forces."

No Room to Maneuver

Critics of the constitution say that it will only serve to legitimize military rule, while reducing parliament to a toothless institution with no more power than the hand-picked National Convention which drafted it.

"Parliament will become a rubber stamp to endorse the commander in chief's proposals," said Aung Din, the executive director of the Washington, DC-based US Campaign for Burma, in an open letter calling on the Burmese people to reject "the military regime's sham constitution."

Others say that giving the ruling generals the powers they want will only embolden them to step up their oppression.

"Right now, they are ruling the country without any legal authority, and yet they treat citizens and religious leaders brutally," said Ashin Pyinnya Jota, a leading member of the All Burma Monks Alliance. "If the constitution comes into force, it will only make them worse."

But others ask what the alternatives are. Some argue that it would be better to accept the constitution and use it as a basis for future democratic changes. This is a position taken both by apologists for the junta and by pragmatists who point out that 20 years of resistance to the regime have yielded little in the way of progress.

One outspoken advocate of the constitution is Dr Nay Win Maung, a member of the so-called "Third Force" group founded during an international Burma conference in Singapore in 2006. This group, which claims to be neither pro-junta nor pro-opposition, has called for more engagement with the regime and an end to sanctions.

In an open letter obtained by The Irrawaddy, Nay Win Maung called on National League for Democracy (NLD) leader Aung San Suu Kyi to endorse the constitution and focus on elections to be held in 2010. This is the only way to ensure that the party is not disenfranchised, he said.

"This time, Burmese people should be smart enough and set their emotions aside, so as not to [create] another deadlock," he wrote, adding that whatever the outcome of the referendum, it was certain that the constitution would ultimately be rectified at a later day.

In response to the letter, Aung Naing Oo, a Burmese political commentator based in Thailand, agreed that it was time to take a more forward-looking approach. "We have to stop living in the past. It only prolongs the deadlock and conflict," he said.

However, others say it is naïve to believe that the regime is offering the country a way forward.

"The junta just wants to be old wine in a new bottle," said Win Min, a Thailand-based Burmese political analyst. "If the junta wants the opposition to endorse their rule, they must compromise for national reconciliation."

Win Min points to clauses in the constitution that effectively block future changes as the greatest hurdle to acceptance.

"If we cannot modify the constitution, democratization in Burma cannot grow," he said.

Under Section 4 (a) of Chapter 12, "Amendment of the Constitution," any suggested change would need to be sponsored by at least 20 percent of parliament members. This would be followed by a parliamentary vote, which would require over 75 percent support before the proposed amendment could be put to a national referendum. More than fifty percent of voters would have to approve of the amendment before it could come into effect.

With 25 percent of seats going to the military, it would be effectively impossible to pass any amendments that the commander in chief did not approve of. Moreover, in the chapter on the powers of the Tatmadaw, the armed forces bear responsibility for "safeguarding the State Constitution." This principle can be invoked at any time to prevent amendments that the military sees as inimical to its interests.

At this stage, debate about how the constitution can be reconfigured to make it more democratic is still largely academic. It is also, in the view of some exiled opposition activists, irrelevant.

"Some experts think endorsing the constitution is better than nothing. But people will not see it like this," said Aung Moe Zaw, a secretary of the exiled opposition's umbrella group, the National Council of the Union of Burma. "People want to see a long-term guarantee for their future—real democracy and freedom."

"If the NLD endorses this unjust constitution, people in Burma will object. People will go their own way," he added.

Even setting aside the question of whether the opposition would be able to alter the constitution to meet the democratic needs of the people, it remains unclear how civilians would function within a military-dominated parliament. Even the normal functions of a parliamentary opposition party could be regarded as hostile to national unity and thus subject to draconian restrictions.

Another concern of the opposition is that the constitution effectively bars Aung San Suu Kyi from occupying a leadership position. As the widow of British scholar Michael Aris and mother of two sons who are British citizens, Suu Kyi would have no right to lead Burma, according to the draft constitution, which states that "the President of the Union himself [and his] parents, spouse [and] children … shall not owe allegiance to a foreign power, shall not be a subject of a foreign power or citizen of a foreign country."

Ethnic opposition groups also have cause for concern, as their claims to autonomy would also be severely constrained. As Aung Din of the US Campaign for Burma noted, ethnic state legislatures would also have military appointees occupying 25 percent of seats.

"The expectations of ethnic nationalities to obtain the right of self-determination will never be realized, as unelected military officials will effectively intervene in their State affairs," said Aung Din. "This sham constitution systematically denies equality among all ethnic nationalities and self-determination, demanded by all ethnic groups for a long time."

World Opinion Divided

As Burmese debate the pros and cons of the constitution, the international community also remains divided over the junta's latest attempt to set the terms of political change in Burma. While neighboring countries broadly support the constitutional referendum as a step forward, Western critics of the regime, particularly the United States, have dismissed it out of hand.

"It has to begin somewhere and now it has a clear, definite beginning," said the chief of the Association of Southeast Asian Nations (Asean), Surin Pitsuwan, soon after the referendum was announced. "I think it is a development in the right direction."

The United Nations, which has attempted to mediate between the regime and the democratic opposition, was more guarded in its assessment. In a statement, UN Secretary-General Ban Ki-moon urged the Burmese junta to "make the constitution-making process inclusive, participatory and transparent in order to ensure that any draft constitution is broadly representative of the views of all the people of Myanmar [Burma]."

The US, which has long been the regime's most outspoken critic, was more explicit about the shortcomings of the constitution-making process, drawing attention to the ongoing suppression of democratic rights in Burma.

In a statement released after the regime declared its intention to hold a referendum, Sean McCormack, a US State Department spokesperson, said, "No referendum held under these conditions—a pervasive climate of fear in which virtually the entire population, including Aung San Suu Kyi, is under detention, and the Burmese people not being allowed to participate in or even discuss the drafting of a constitution—can be free, fair or credible."

In late February, in a move that confirmed suspicions that the junta intended to stage manage the referendum, its top leader, Snr-Gen Than Shwe, signed into effect a law that threatens dissenters with heavy penalties for opposing the referendum. Under the Referendum Law for the Approval of the Draft Constitution, anybody who publicly criticizes the referendum faces a fine and a three-year prison sentence.

Thein Nyunt, a lawyer in Rangoon, remarked that the current law is even more severe than similar legislation enacted ahead of a referendum in 1973. "Under the previous law, anyone who was against the referendum could be sentenced to one year's imprisonment. But now people can receive three years' imprisonment under the terms of the present law."

A Final Showdown?

Against this backdrop of deepening repression and a mixed international response, many activists suspect that the real referendum will take place not in the polling booths, but on the streets.

"We don't see it as a final battle, but it will reach that point," said student activist Tun Myint Aung, who noted that the last constitution drafted under military rule was ultimately scrapped under pressure from the popular uprising in 1988.

In a sign of growing frustration in Burma, in late March a 26-year-old man set himself on fire at Rangoon's famed Shwedagon Pagoda, a religious site that has often served as a focal point of political protests. Reports suggested that he was acting out of desperation over economic hardships and political frustration.

Observers of Burma's economy have noted that conditions have only gotten worse since a drastic hike in fuel prices triggered protests last year. Although the regime has put a lid on dissent since its crackdown on monk-led demonstrations in September, it remains vulnerable to economically inspired unrest, which could easily assume a more political nature amid the push to strong-arm the population into endorsing an unpopular constitution.

The lack of leadership from the NLD and disappointment with the international response to the junta's brutal crackdown, have led many to the conclusion that people power is the only remaining option.

"In the entire history of the world, there has never been a dictator who willingly gave up power once he had it firmly in his hands," said respected Burmese journalist Ludu Sein Win in a recorded message released in March. "And there are no countries in the world which have gained liberation through the help of the United Nations."

"Don't waste your time dreaming about dialogue and considering help from the UN Security Council," the 68-year-old journalist and former political prisoner added. "We already have the power to force out the military dictatorship. That power is the force and strength of every Burmese citizen."

Whether the regime's exercise in manipulating public opinion succeeds or seriously backfires may prove more important than its efforts to enshrine its control through a new constitution.

In the end, the junta may find that its efforts to control the will of the people could unleash a political firestorm.

The post Constitutional Conundrum appeared first on The Irrawaddy.

Ten Things to Do in Yangon This Week

Posted: 07 May 2018 10:28 PM PDT

Lethwei Nation Championship

Boxers from Myanmar, Thailand, China, Laos and Brazil will fight in the quarterfinals of the Lethwei Nation Championship.

May 13, 2 p.m. Theinbyu Stadium. Tickets are 5,000 to 20,000 kyats. Call 09-254214160.

MNL vs. Leeds

The All Star Team of the Myanmar National League will face the Championship League's Leeds United in a friendly.

May 9, 6 p.m. Thuwunna Stadium. Tickets are 2,000 to 4,000 kyats.

Europe Meets Myanmar Concert

The Orchestra for Myanmar joins the New Children’s Choir and the Strand Singers to perform some of the best-known pieces of European classical music and some traditional Myanmar and European songs.

May 10, 6:30 p.m. to 8 p.m. Strand Hotel. Free admission.

Food/Books Not Bombs Charity Event

Singers will perform at this charity event to collect food and books for children in conflict zones.

May 12, 6 p.m. to 10 p.m. Burbrit Taproom, No. 74 Ma Naw Hari Street.

Centenary of Art in Myanmar

Books on art will be on sale at discount prices. There will also be discussions on art and rare art books on display.

May 15 to 16, 11 a.m. to 5 p.m. Yangon Book Plaza, 5th Floor, Thanzay Market.

Home Loan Expo

Families who earn 800,000 kyats per month can get 25-year loans to buy apartments.

May 11 to 13, 9 a.m. to 9 p.m. Myanma Plaza.

Handmade and Homemade Fair

Handicrafts will be on display and accompanied by musical performances.

May 10 to 11, 10 a.m. to 6 p.m. Co-Operative Business Center, Saya San Plaza. Free Admission.

World War 3 Cartoons

Organized by the Myanmar Silent Cartoons Group, this event features cartoon strips by more than 40 cartoonists.

May 11 to 13. Moon Art Gallery.

Rainbows & Stars Art Exhibition

This event features paintings of rainbows and stars by children.

May 12 to14. Ahla Thit Gallery, No. 17 University Avenue Road, Bahan Township.

Next Generation

This art exhibition showcases more than 70 works by children.

May 12 to 14. 43 Art Gallery, 43rd Street.

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

Trapped: Many Hurdles to Repatriate Foreign Nationals Sex Trafficked to India

Posted: 07 May 2018 09:40 PM PDT

MUMBAI — Women are increasingly being trafficked into India’s sex industry from countries outside South Asia that do not have repatriation agreements, which leaves victims trapped in limbo for months after being rescued, officials said.

India has long been a destination for traffickers bringing women from neighboring Bangladesh, which has a repatriation treaty, and Nepal, which works closely with Indian authorities on the issue.

But nations beyond South Asia – Uzbekistan and Thailand in particular – have emerged as source countries over the past three years, according to police, campaigners and government data.

“The (repatriation) process is streamlined for Bangladesh and Nepal. But now people are coming from other parts and we have no treaties with them,” said Mahesh Bhagwat, police chief of Rachakonda district in the southern state of Telangana.

In 2016, there were 33 recorded cases of women trafficked from Bangladesh and 16 from Nepal, according to the government’s annual Crime in India report.

In contrast, authorities in 2016 recorded 70 trafficking cases from Thailand and Uzbekistan, which were combined in the report.

Previous reports did not mention victim’s nationalities. An official at the National Crime Records Bureau said Thailand and Uzbekistan were named because most of the recorded trafficking cases in 2016 originated in those two countries.

The number of trafficked foreign nationals recorded by authorities was lower in previous years, varying from 36 in 2010 to 13 in 2014.

Data is not yet available for 2017, but authorities said 40 Thai women were rescued from massage parlors acting as fronts for prostitution in Mumbai and Pune in the first half of last year alone.

Another 34 Thai women were rescued later in 2017 from massage parlors and spas in the Telangana state capital of Hyderabad, Bhagwat told the Thomson Reuters Foundation on Monday.

Bhagwat’s team also rescued an Uzbek woman last year from the sex trade in Hyderabad, the state capital of Telangana. She committed suicide late last month, four months after her repatriation process began, he said.

The embassies of Uzbekistan and Thailand did not respond to phone calls and emails seeking comment.

After being informed that a victim of trafficking from their country has been rescued, embassy officials need to verify the person’s identity and home address.

Campaigners say this can be difficult as victims sometimes provide false information, because they are afraid that traffickers may hurt them or their families.

“These girls are controlled by traffickers and they are coerced into saying many things. They are deeply indoctrinated,” said Sunitha Krishan, co-founder of the anti-trafficking charity Prajwala.

Krishnan said the Uzbek woman who had been sheltering in one of Prajwala’s facilities had been carrying forged Indian identity documents when she was rescued, and at first refused to say which country she was really from.

Krishnan urged more countries to make agreements with India to quickly repatriate those rescued from sex trafficking.

Her call may take on more urgency if traffickers continue to cast their nets wider than South Asia – which campaigners say is likely.

The massage parlor industry is booming and many customers prefer fair-skinned women from countries like Thailand and Uzbekistan, said Hasina Kharbhih, founder of the anti-trafficking group Impulse NGO Network.

“The demand for foreign girls is growing in India,” she said.

The post Trapped: Many Hurdles to Repatriate Foreign Nationals Sex Trafficked to India appeared first on The Irrawaddy.

Myanmar Court Convicts Farmers of Trespass in ‘Blow’ to Land Rights

Posted: 07 May 2018 09:34 PM PDT

BANGKOK — A Myanmar court has found 33 farmers living next to a Special Economic Zone guilty of criminal trespass, a ruling seen by activists as a blow to land rights in a country with a rising demand for property for industrial use.

The farmers said the government did not follow the legal process when it tried to acquire their land adjacent to the Thilawa SEZ in 1996, and that they continued to farm the land and pay taxes on it.

They were charged with criminal trespass in 2014.

Lawyers for the farmers argued that the charges had no basis, as the government did not begin the formal legal process to acquire the land until 2015, a year after the trespassing complaint was made.

“Today’s ruling represents a blow to the land rights of farmers across Myanmar,” said Ben Hardman, a deputy legal director at advocacy group EarthRights International.

The farmers have 60 days to file an appeal, and are considering whether to do so, he said.

About 70 percent of Myanmar’s population lives in rural areas and depends on agriculture for a living.

Few farmers in Myanmar have formal documents for their land. But even titles do not provide adequate protection, and people are frequently forced off of their farms without proper legal process or compensation, activists say.

Disputes over land have increased significantly since the easing of political and economic restrictions began in 2011. The reforms led to a rush of foreign investments and greater demand for land for industrial use.

Government officials say projects including mining, hydropower and large-scale agriculture are essential for development in one of the world’s poorest countries.

The Thilawa SEZ, in the country’s south, is the first SEZ project developed by the Myanmar government, and covers about 600 hectares.

The government recently introduced a national land-use policy to give farmers more rights, and has adopted dispute resolution mechanisms.

But transactions are often characterized by a lack of consultation and consent from affected communities, inadequate compensation, the absence of a resettlement policy and a lack of judicial remedies, activists say.

Alongside, arrests and prosecution of protesters and land activists have risen.

The reforms “offer little or no protections to tenant farmers and do not protect customary land use,” Hardman said.

“Worryingly, a series of proposed amendments actually increases both the scope of criminal offenses and the length of sentences that farmers could be given,” he told the Thomson Reuters Foundation.

The post Myanmar Court Convicts Farmers of Trespass in 'Blow' to Land Rights appeared first on The Irrawaddy.
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