Wednesday, September 12, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

Analysis : Party Says Gov’t Issuing Fake Kaman Citizenship Cards to Rohingya, Demands Probe

Posted: 12 Sep 2018 08:46 AM PDT

YANGON — The Kaman National Progressive Party (KNPP) has lodged complaints with the Myanmar President's Office and State Counselor Daw Aung San Suu Kyi alleging that more than 3,000 National Registration Cards (NRCs) with ethnic Kaman status were inappropriately issued to Rohingya in southern Rakhine State's Ramree Township.

The party has requested a review of the Immigration Department's issuance of the NRCs, which are also known as "pink cards".

According to the KNPP, the department wrongly handed 3,306 Kaman IDs to non-Kaman Muslims from Ramree Township's Kyauk Ni Maw between December 2017 and August 2018. The Arakan League for Democracy (ALD) sent a letter making the same objection to the township's office of the General Administration Department (GAD), which is a branch of the Ministry of Home Affairs. It urged the authorities to revoke the IDs.

The Immigration Department denies that any NRCs have been wrongly supplied to Rohingya.

 

 

A Kaman mosque, which imitates the style of Rakhine monastic architecture, in southern Rakhine State's Thandwe Township.

 

Who Are the Kaman?

The Kaman are classified as one of Burma's 135 officially recognized ethnic groups and one of seven ethnic subgroups of Rakhine State. Unlike the Buddhist Arakanese, the Kaman are Muslim. They have been residing in Rakhine for centuries.

During the Arakan Kingdom, the Kaman served as royal archers, but this profession vanished when the kingdom fell to the Burmese Konbaung Dynasty in 1784. Nowadays, there are about 45,000 ethnic Kaman Muslims across the country. They mostly live in Thandwe, Kyaukphyu, Ramree, Sittwe and Myaybon townships in Rakhine, as well as in Yangon and Mandalay.

Though they practice a different religion, the Kaman community is well integrated into Myanmar life; they speak the Arakanese language and share their traditional attire, used to wear ordinary Burmese garb in their daily lives, and enjoy taking part in Myanmar's annual water festival.

Tragic Recent History

However, the good relations between the Arakan and Kaman peoples that have characterized the diverse Rakhine community were soured by sectarian violence in 2012. In May of that year, a young Arakanese woman, Thida Htwe, was raped and had her throat slit by three Rohingya men in Ramree Township’s Kyauk Ni Maw village tract.

The following month, nine Muslims were killed in Taungup Township by an Arakanese mob seeking to avenge the death of Thida Htwe. Clashes broke out between the Rakhine and Rohingya communities across the state, leaving hundreds dead and more than 100,000 Rohingya in camps for internally displaced persons (IDPs).

Following the 2012 clashes, Kaman from Kyaukphyu, Ramree, Thandwe and Sittwe townships were targeted by the Rakhine population, who accused the Kaman of helping Rohingya Muslims obtain pink cards, which confer full Myanmar citizenship on the card holder. (Rohingya are not citizens of Myanmar.) Both the KNPP and community leaders have previously told The Irrawaddy that they believe the cards were improperly issued due to "malpractice by government officials".

Coincidentally, the latest controversy involving the improper issuance of another 3,306 IDs to Rohingya by the Immigration Department also occurred in Ramree's Kyauk Ni Maw village tract.

KNPP secretary U Tin Hlaing Win said, "I was really shocked at their [immigration officials'] manner regarding this issue. They [the Rohingya holders of the improperly issued cards] have nothing to do with our community; we do not even have any mixed-race [Rohingya-Kaman] here."

 

A recommendation letter for an NRC applicant in which the applicant declares that they are genuinely ethnic Kaman and are aware of the legal punishment for submitting a false claim.

 

Why Did the Kaman Object to the Immigration Dept?

Some Arakanese have commented that Ramree's current Kaman population totals fewer than 500 people. Kaman Social Network (KSN) founder U Tun Ngwe puts the township's total Kaman population, both rural and urban, at a mere 600.

Kyauk Ni Maw is home to about 300 Kaman out of a total population of 7,000, including Rakhine and Rohingya. U Tun Ngwe said his organization strongly objected to the Immigration Department's move, and had already notified government ministries and relevant organizations.

The Irrawaddy was shown an official household registration document dated 2013 issued by the GAD which shows the Kyauk Ni Maw population at that time as being 4,300 with the Kaman numbering a mere 500.

He said, "I want to point out that the Immigration Department deliberately issued [mixed] Kaman-Bengali descent cards to some mixed-blood Kaman families in Ramree in the past. But this time, they gave ethnic Kaman IDs to all Kyauk Ni Maw [Rohingya] people, which is a very questionable matter for us.”

U Tun Ngwe explained that both the Rakhine and Kaman communities in the area are strongly opposed to the project and have demanded that officials re-check the details. If the government fails to solve the problem, it could lead to conflict, he warned.

KNPP secretary U Tin Hlaing Win said immigration officers have been issuing the documents in secret, without informing either the Rakhine or the Kaman communities, since 2017.

"We are not blocking the citizenship rights of other groups. We Kaman are talking about issuing IDs under ethnic status. It's about ethnic rights, not citizenship rights."

Political Influence

Than Maung Oo, an Arakanese lawmaker from Ramree Township posted that it is easy for a "Bengali" (as Rohingya are known to most people in Myanmar) to receive an official pink card if the applicant has a recommendation from two Kaman ID holders. He called on the government to take responsibility for wrongdoing in the matter.

The 3,306 IDs have become the focus of a public debate — and prompted hate speech — on social media. Some commenters say that as long as a person meets the conditions laid down in the 1982 law on the subject, there is no problem with the Immigration Department issuing them a citizenship card.

However, many strongly opposed the practice of "creating fake Kaman" and some blamed the Kaman community, describing them as a "doorway for Ben-Kaman".

Some raised the specter of growing numbers of "fake Kaman" exerting a political influence within the wider Kaman community, pointing out that once any group's population reaches 0.1 percent of the national population of 51 million, they are eligible to contest regional elections and potentially be represented by an ethnic affairs minister.

Ramree resident Htin Lin Khine echoed this sentiment, saying, "Yes, we are deeply concerned about Kaman identity being used as a tool to be exploited by other groups for their own political benefit."

However, he added that the Kaman and Arakanese communities have a strong relationship at the moment and have exchanged views on the issue.

"Everyone in town knows all about these [pink card] irregularities. My Kaman friends [in Ramree] know every single Kaman person here by name," he said.

Both the Arakanese and Kaman sides are now investigating to find the root causes and the people responsible for the problem. A few people have been identified by locals and preparations are being made to take action against them through parliamentary channels.

Response from Naypyitaw

Immigration officials in Naypyitaw denied the assertions by the Kaman and Rakhine political parties that the department has erroneously delivered more than 3,000 NRCs with ethnic Kaman status to Rohingya Muslims in Ramree Township.

Department of National Registration and Citizenship Director General U Win Shein told The Irrawaddy over the phone on Monday evening that Kaman community leaders from Kyauk Ni Maw village in Ramree Township asked the Immigration Department for ID cards at the end of 2017.

He claimed that the pilot project was led by a district administrative officer based in Kyaukphyu, assisted by government officials from Ramree Township, along with Kaman community leaders from Kyauk Ni Maw village. He did not provide the names of the village trustees and community leaders.

The verification process started in January 2018 and examined the family backgrounds of each applicant, U Win Shein said, adding that the department had provided 3,306 IDs under the initiative so far. He said every single applicant requires a recommendation from the Kaman community leaders and must produce their parents' IDs.

"The applicant signs a notice swearing that he or she is really an ethnic Kaman and that they are aware of the legal punishments if his or her claims are found to be false."

When U Win Shein was asked by The Irrawaddy whether officials would review the newly issued IDs, he simply replied that they have already examined the applicants and issued the IDs in line with the 1982 Citizenship Law. There is no plan for a review, he said.

"We will take action against responsible officers on a case-by-case basis if the [KNPP] provides concrete evidence [of wrongdoing] to us," he said.

Party secretary Tin Hlaing Win pointed out that issuing a false NRC card could be regarded as a violation of the 1982 Citizenship Law's Sections 18 and 19. The Kaman and Rakhine parties as well as residents of Ramree Township claim that the 3,306 IDs were granted to "pure Rohingya", and that those on the list were not even of mixed Rohingya-Kaman descent.

Union Minister for Labor, Immigration and Population U Thein Swe was appointed by State Counselor Daw Aung San Suu Kyi when the National League for Democracy took office in April 2016. The Irrawaddy asked Immigration official U Win Shein whether the pilot projects in Rakhine were launched at the instruction of the state counselor. He replied simply that his ministry is doing its work in line the laws.

U Thein Swe, a member of the former military junta, served as minister for transport under ex-dictator Senior General U Than Shwe and is also a member of the NLD's rival, the Union Solidarity and Development Party (USDP).

The immigration official repeatedly insisted that his ministry had acted in line with the law and documented every case handled by the township immigration department. However, he acknowledged that officials had failed to consult with the Kaman political party and civil society groups over the verification process.

The post Analysis : Party Says Gov't Issuing Fake Kaman Citizenship Cards to Rohingya, Demands Probe appeared first on The Irrawaddy.

Analysis: Myanmar’s Independent Media Struggling to Survive

Posted: 12 Sep 2018 05:47 AM PDT

YANGON — At one point in his inaugural speech in March, Myanmar's newly elected President U Win Myint implored members of the executive, legislative and judicial branches of government to take seriously the role of the media as "the eyes and ears of the people."

However, the sector he appeared to be supporting is in bad shape.

The sad truth is that independent media in Myanmar today are struggling to survive. And the print media have been hardest hit.

After allowing private dailies in 2013, the previous government approved 39, but only 19 saw the light of the day. Five years later, as of August this year, under the democratically elected government led by the National League for Democracy (NLD), there are only seven nationally distributed privately run papers left. Nearly all of them are in bad shape due to factors ranging from a drop in circulation to shrinking ads and high production costs, among others.

"If you think of the private print media in Myanmar today as a patient, it's in the Intensive Care Unit," said U Ko Ko, the editor of Democracy Today, which is among the seven struggling private dailies.

As these papers struggle for survival, the government is churning out an equal number of newspapers (the Ministry of Information's three dailies, two papers published by the Mandalay government, one by the Yangon City Development Committee and the military-run Myawaddy Daily) with state funding. Advocates of independent media have strongly criticized the government for its failure to reform the state-run media, which have served as the government's mouthpiece since the early 1960s.

Daily newspapers published by the Ministry of Information. / Htet Wai

Like their counterparts elsewhere, Myanmar's state-owned media have a reputation for publishing nothing more than government press releases and a who's who of participants in state meetings.

Media analysts and journalists in Myanmar stress that the country needs independent news outlets more than ever as it undergoes a democratic transition while facing mounting problems ranging from weak rule of law and rampant bureaucratic corruption to the faltering peace process with ethnic armed groups and the presence of military-run ministries within the government.

"The survival of private media is fundamental to democracy. Without them, there are no checks and balances on the government and other institutions," said U Kyaw Min Swe, the editor of The Voice weekly.

No Level Playing Field

A roadside newsstand in Yangon in September 2018. / Htet Wai / The Irrawaddy

During a discussion last month about the decline of private print media, panelists complained that the Ministry of Information sells its papers for less than 100 kyats—far less than the actual cost of around 150 kyats. Publishing the papers costs the government 1 billion kyats a year.

U Kyaw Min Swe of The Voice said the practice is in breach of the country's Competition Law, which forbids selling a product at below market price. Currently, the newsstand price for a privately published newspaper in Myanmar is 200-300 kyats.

Circulation is another concern. While the government's Kyemon (Mirror) publishes 200,000 copies per issue, Myanma Alin 150,000 and Global New Light of Myanmar 30,000, the circulations of the private dailies generally range from 10,000 to a bit more than 20,000.

"Comparing the circulations of state-run and private newspapers is like comparing an ant and an elephant," U Ko Ko said during the discussion.

As a result, the government papers attract more advertising—starving the private media of ad revenue.

U Ko Ko said private media's ad revenue dropped by more than 50 percent from 2017 to 2018, while U Kyaw Min Swe called on the government to limit advertising in state-run newspapers (mainly in the Burmese-language Kyemon and Myanma Alin).

"They'd better limit the ad pages. If you look at Kyemon, half of the paper is ads. As a state-run paper, it's a shame," he said.

The Voice editor U Kyaw Min Swe said the government is playing a "very unfair game" against the private media.

"They get a budget to publish the papers, use public transportation for distribution and sell them at a very low price. It's very unfair," he told the audience.

He also urged the MOI to liberalize the newspaper market by shutting down some of the government-run papers.

"Doing so would allow them to save face. At the same time, it would make it a bit easier for private papers to survive," he said.

Information Minister U Pe Myint said in Parliament last week that his ministry sells the papers at affordable prices in order to better disseminate information to the public, not to make a profit. He was responding to a lawmaker's question about the estimated 1.2 billion-kyat ($770,000) loss made by state-run newspapers in fiscal 2018-19.

He said that as part of its efforts to reduce the expected losses in the upcoming fiscal year, the ministry will expand circulation in order to reach more rural areas; reduce spending as much as it can; and seek to increase income from advertisements.

Repressive Laws

Reuters journalist Ko Wa Lone talks to the media on Sept. 3, 2018 after receiving a seven-year jail sentence. / Myo Min Soe

Under the democratically elected government, journalists in Myanmar are still vulnerable to lawsuits and arrest, for all their ethical professionalism. Two Reuters journalists were recently sentenced to seven years in prison under the British colonial-era Official Secrets Act over their reporting of security forces' activities in Rakhine.

One of the most commonly used tools to muzzle the press is section 66 (d) of the Telecommunication Law, which allows anyone to sue the author of anything published on the Internet that they are not pleased with. Plaintiffs in cases filed against journalists range from military officers to regional chief ministers to ordinary citizens. There were at least three 66d cases filed against journalists last year.

Additionally, Section 17(1) of the Unlawful Associations Act prevents Myanmar journalists from gathering news. The arrests of The Irrawaddy and Democratic Voice of Burma reporters by the Army last year after they covered a drug-burning event by the Ta'ang National Liberation Army, an ethnic armed group, exposed the fragility of press freedom in the country.

U Than Zaw Aung, a member of the Myanmar Media Lawyer Network, a pro bono legal aid group for journalists, said if the government genuinely respected the private media as society's "Fourth Estate", it should at least do something to protect journalists who are doing their jobs, let alone scrapping repressive laws.

"There should at least be a clear statement stipulating that journalists should be charged [only] under the Media Law for alleged wrongdoings, regardless of what other laws say. This could create some breathing space for journalists," he said.

But the current Media Law, enacted in 2014, only covers such transgressions as failing to publish corrections, plagiarism, doctoring pictures and videos, defamation and violating human rights when not in the public interest, leaving journalists vulnerable to prosecution under other laws.

Access to Information

While the Media Law clearly encourages the media to act as a Fourth Estate, and grants journalists rights and independence in news gathering, reporters on the ground struggle to access information.

Here again, the state-owned media—especially broadcasters and their partners—continue to have the upper hand in terms of access to national and state government information sources. The most recent example was the presidential meeting with representatives of the legislative, administrative and judicial sectors in Yangon last month. Already known for his blunt remarks on regional governments' incompetence, President U Win Myint made interesting comments about the Yangon government, which has come in for public criticism over its controversial development projects and handling of judicial cases. But the Yangon Regional Government refused to allow private media to attend, limiting the coverage of the meeting to state broadcaster MRTV and its partner Sky Net, drawing the ire of independent journalists.

Broadcast Media Struggling

While the print media struggle for survival, private broadcasters aren't doing much better.

U Toe Zaw Lat of Democratic Voice of Burma, a former exile media group based in Norway and one of the five new free-to-air digital TV channels permitted to launch in Myanmar early this year, said the broadcast sector in the country is facing two pressing issues: an unclear and unfair regulatory environment under the 2015 Broadcasting Law and a shrinking advertising market.

Including the five new digital channels, Myanmar now has more than a dozen free-to-air channels—all are state or military owned, or else are joint ventures with the Ministry of Information, and all are broadcast through the government's Myanmar Radio and Television (MRTV) system. The new channels struggle to attract advertising, the lion's share of which goes to the long-established existing broadcasters.

The Broadcast Law states that all channels currently on air will have to reapply for broadcast licenses once additional bylaws are passed. "That could create fair competition among broadcasters by creating a level playing field, as licenses will only be granted to those deemed fit," said U Toe Zaw Lat.

U Ko Ko, the Democracy Today editor who also serves as vice president of the Myanmar Broadcasters' Association, said the current legal limbo created a situation in which "We know where to go but don't know how."

Broadcasting advertising revenue is shrinking due to the current economic slowdown in the country, he said.

"It's a vicious cycle. Shrinking ads lead to a decline in income. If you can't spend, your content won't attract an audience. A smaller audience means fewer ads," he said.

Media We Can Trust

Lawmakers read newspapers at the Parliament library in February 2016. / Myo Min Soe

U Kyaw Min Swe of The Voice said media professionals themselves also need to be qualified in order to win the public trust.

But it is difficult to gauge how successful they have been in this regard, as there has been no proper survey on the issue yet.

"The NLD is the most popular party in the country, and the general public seems inclined to read or hear something rosy about the party they support. Otherwise, you'll be labeled as troublesome media professionals. That's how most people react to the media these days," said U Ye Naing Moe, the founding director of the Yangon Journalism School.

The most glaring example is the case of the two Reuters journalists, who were sentenced to seven years in jail. According to the verdict in their case, they breached the Official Secrets Act. But it is an open secret that they were convicted for their story about the killing of a group of Rohingya men by security forces in northern Rakhine State. The Army later admitted the crime had taken place when it punished those involved with 10-year prison sentences.

But public opinion over the case is sharply divided. Some believe the journalists deserved to be punished as they shamed the country internationally by revealing the case, while others applauded them for doing their job and exposing extrajudicial killings by the security forces.

In this climate of hostility toward independent media, the government has offered journalists little support, despite the president's assertion that the role of the media should be taken seriously. "In order to support journalists here, there needs to be a culture that values the work of media professionals, even by the government," U Ye Naing Moe said.

To gain the public trust, he said, journalists need to stick to the fundamentals of their profession: accuracy, balance and fairness in reporting.

"In the short term, it will be painful [as journalists will be attacked for publishing the truth] but in the longer term the independent media are the only ones who will be able to earn the public trust," he said.

The post Analysis: Myanmar's Independent Media Struggling to Survive appeared first on The Irrawaddy.

Naga Peace Deal – Will the Framework Agreement Hold?

Posted: 12 Sep 2018 04:58 AM PDT

A settlement to the protracted Naga conflict is possible only with the finalization of a peace accord, but that does not seem to come even after three years of deliberations since the signing of the "framework agreement." What is causing the delay when the Bhartiya Janata Party (BJP) government in New Delhi seemed confident of delivering on its promise of an acceptable solution for all to the Naga conflict before the next general elections?

India goes to the polls again prior to June 2019 and given the way things are, there appears to be little hope that the Naga peace deal will see the light of day.

On Aug. 3, 2015, the National Socialist Council of Nagaland Isak-Muivah or NSCN-IM and the Indian government signed the framework agreement that was meant to propel the peace process forward. The Indian government had shown its keenness to seal the peace deal before the Nagaland Assembly elections in February, which did not translate into action. The most recent talks of getting things moving before Parliament's monsoon session were also short-lived.

For the record, the Indian government and the NSCN-IM entered into peace negotiations on July 25, 1997, with the signing of a ceasefire agreement. The peace negotiations have over the years has had their share of ups and downs and since then, there have been more than 80 rounds of talks paving the way for a "framework agreement."

Possible Reasons for the Delay

 The ground situation is that of a growing sense of restlessness among the Nagas, and why not, as it concerns their lives and their future as a community. This growing frustration is palpable and more and more voices are now speaking out. "I wonder why this delay in signing the peace agreement," asked the apex Naga tribal body Naga Hoho president P Chuba Ozukum. He told this writer that further delay would only complicate things and reiterated what he had said a couple of months earlier that "people are fed up and are looking for a solution."

There seems to be no convincing reason for the unexplained delay. There have been speculations in several Indian news media reports attributing the delay to a lack of consensus among the Naga groups as to who should be a signatory to the final peace accord. Currently, the NSCN-IM and six other Naga groups under the banner of Naga National Political Groups (NNPGs) are in peace talks with the Indian government.

But many Naga intellectuals who wished not be named are of the view that the actual reasons are far too complex, embroiled in a mesh of contradictions. "How can we have a peace accord when the core issue is still not addressed," reacted a scholar of conflict studies from Nagaland.

Interestingly, the common person on the street holds a similar view. "Without settling the sovereignty issue, which is tied to the Naga integration issue, things will hit a roadblock," said a group of young Dimapur-based entrepreneurs.

Sources in the Home Affairs Ministry too have said it that the issue of "integration of all Naga inhabited areas," is still sticking out as the thorn in the flesh. In fact, the fundamental demand – that of sovereignty, which is entwined with the integration of Naga-inhabited areas – remains unresolved and appears to be not in sync with how the framework agreement lays out the peace guidelines.

The protracted Naga conflict started with the demand for "independence" from India and over the years it has changed to what is now a demand for a "separate Naga Homeland" or "Greater Nagalim," comprising all contiguous Naga-inhabited areas in neighboring Assam, Manipur and Arunachal Pradesh, to unite 1.2 million Nagas.

In July this year, the NSCN-IM issued a statement that said the integration of all of the Naga-inhabited areas in the northeast was an integral part of the ongoing peace talks with the central government. The outfit asserted that "the issue of integration of all the Naga territories is an integral part of the ongoing Indo-Naga political dialogue." In fact, one of the key demands of the NSCN-IM has been integration of the Naga-inhabited areas of Arunachal Pradesh, Assam and Manipur.

Most Naga groups like the Naga Hoho have categorically stated that integration is 'non-negotiable.' The Naga civil society from Arunachal Pradesh, Manipur and Myanmar have also articulated their desire to remain united as one family. The Naga Tribes Council (NTC), an umbrella of 15 Naga tribes, has also been quoted in local media in Nagaland as saying that "any efforts to integrate the Nagas emotionally or administratively without territorial integration cannot be considered a workable solution."

Meanwhile, the Forum for Naga Reconciliation (FNR), an umbrella association represented by various organizations have in a statement on Sept. 8 titled "Declaration of the Naga Collective Spirit" made a categorical mention that Nagas "are in solidarity as one people on the issue of Naga Political and Historical Rights." Though there is no reference to the Naga peace process or the framework agreement, the timing of the statement and the emphasis that "Naga Historical and Political Rights are the manifestation of our common hopes and dreams," is clearly in sync with the calls for respecting Naga sovereignty and rights to territorial integrity.

The FNR comprises top Naga religious and social organizations such as the Naga Joint Christian Forum representing all Naga churches, Naga Mothers Association, Naga Hoho, Naga Students Federation, United Naga Council, Naga Women Union Manipur, All Naga Students Association Manipur, Rengma Naga Peoples Council Assam, Naga People's Movement for Human Rights, Consultative Committee for Just Peace, Naga Shisha Hoho, People's Democratic Alliance Legislators and Naga People's Front Legislators. All these groups have been active participants in the Naga peace process and have gone out of their way to reach out to various Naga armed groups to find a meaningful solution to the Naga conflict.

The FNR declaration said, "In asserting the Naga political position, we do not oppose any of our neighbors," adding that "honoring the Naga Historical and Political Rights is not at the expense of our neighbors' rights. Similarly, upholding our neighbors' rights cannot be at the expense of Naga rights."

Gaps in the Process and the 'Special Arrangements' Formula

 There are clear contradictions between what makes up the framework agreement and the demand of most Naga groups regarding integration of Naga-inhabited areas under the "Greater Nagalim" model. The framework agreement essentially highlights acceptance of the “uniqueness of Naga history and culture” by the central government and the acceptance of the primacy of the Indian Constitution.

The framework agreement pledges to restore "pride and prestige" of the Nagas and is based on the concept of a "shared sovereignty" between the Nagas and the Indian government. It is a policy of give and take between the government of India and the Naga groups. India though has made it clear what it will not do. It will not go against constitutional norms, which prevent it from declaring any state or granting people full sovereignty. It also will not redraw any state boundary to accommodate the Naga-inhabited areas (Naga homeland) demand or allow a separate defense (military) formed from within the ranks of former armed combatants.

Recently, some important details of framework agreement (which until now was kept a closely guarded secret) were revealed as part of the 213th report on the security situation in northeast India. The report tabled by the Parliamentary Standing Committee on Home Affairs in the Rajya Sabha (Upper House) claimed that the Naga groups involved in the peace talks had agreed for a settlement with the Indian federation with a "special status." The report also said that the Naga groups had reached a common understanding with the government that "boundaries of the states will not be touched" and "some special arrangements would be made for the Nagas, wherever they are."

The report cited Article 371(A) of the Constitution which indicates that Nagas ought to be treated as a ‘special’ community and that "a similar kind of status, with some local variation, and some change to the Nagas in the neighboring states can be explored."

However, the "special arrangements," "special status" doctrine still comes across as vague to say the least, given that it still does not address the core issue of sovereignty. In fact, it has all the ingredients of triggering another conflict and with calamitous outcomes. The fact that organizations in Manipur and Arunachal Pradesh have vehemently opposed the move and termed it the "creation of a state within a state" are clear indications of the underlying tensions and the sensitivity of this issue.

Opposition to Extension of 'Special Status'

Last month a meeting between officials of the Indian Ministry of Home Affairs (MHA) and the NSCN-IM scheduled to be held in Deomali in eastern Arunachal's Tirap district bordering Myanmar in Arunachal Pradesh had to be called off after objections from the All Arunachal Pradesh Students' Union (AAPSU). The organization had petitioned State Chief Minister Pema Khandu to not allow the meeting in Arunachal. The student union was of the view that the government of India had made it clear that "the (NSCN-IM) accepted the Indian Constitution to remain under Article 371 (A) and within existing Nagaland."

Since the very beginning of the peace talks the three states of Arunachal, Assam and Manipur have been opposed to the demand for integrating the Naga-inhabited areas from within their territories.

The central government has on its part tried to pacify the concerned states and its people that nothing of the sort would be allowed. Indian Home Affairs Minister Rajnath Singh had on Dec. 8 last year said in response to questions on the issue raised by the three states that the territorial integrity of Arunachal Pradesh, Assam and Manipur would not be compromised while inking the final Naga peace accord.

Finally, what perhaps assumes great significance is that even if the right-wing Bhartiya Janata Party (BJP)-led government in New Delhi wants to prove that it is serious about ending the decades-long Naga insurgency before the 2019 general elections, the big question is the peace deal itself and the response from the Naga civil society, parties that are in the peace process as well other states bordering Nagaland.

Let's also not forget that the peace process would still be somewhat incomplete without the inclusion of the NSCN-Khaplang or NSCN-K. There have been calls from many Naga groups that the inclusion of the NSCN-K is a core issue for a holistic peace process and it remains to be seen if New Delhi will reach out to the outfit before the peace accord is finalized.

The author is a former senior journalist who has worked for national and international news media in India and elsewhere. Currently he is a contributing editor for The Irrawaddy.

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Activists Jailed for a Year for Protesting on Behalf of Ex-Child Soldier for Tatmadaw

Posted: 12 Sep 2018 04:48 AM PDT

MON STATE — A court in Yangon Division's Dagon Seikkan Township yesterday sentenced two rights activists to a year in prison for protesting on behalf of a jailed former child soldier, their lawyer said.

Ko Naung Naung and Daw Lay Lay were jailed for participating in a protest in support of Aung Ko Htwe, a former child soldier for the Myanmar Army (or Tatmadaw) who was jailed for speaking to the media about his experiences.

The two activists were charged under the Penal Code's Article 505 (b), which prohibits defamation against the state, and Article 153, which proscribes provocation with intent to cause a riot. They received a one-year term for violating Article 505 and six months for the Article 153 conviction, lawyer U Zayar Aung said. However, the final sentence was only one year because the court combined the two cases, he said.

About a dozen people protested in support of Aung Ko Htwe shortly after he was charged over his comments to the media. They shouted slogans supporting the former child soldier in front of the court during his weekly appearances, but U Zayar Aung denied the two activists' words were aimed at the authorities.

The two rights activists told the court that they were not on the list of protesters submitted to the local police station prior to the demonstration in accordance with the Peaceful Assembly Law, but their lawyer later said this statement was wrong, and therefore they were punished.

"They would be free today if they had said they were on the list of protesters, but they made a mistake. If they had acknowledged that they were on the list, the court would not have punished them," U Zayar Aung said.

Ko Noung Noung and Daw Lay Lay were detained in January. The eight months they have already spent behind bars will count toward their sentence, leaving them another four months to serve, the lawyer said.

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President Requests Approval of $298M Loan to Improve Electricity Network

Posted: 12 Sep 2018 04:42 AM PDT

YANGON — President U Win Myint has asked Parliament to approve a $298.9 million loan from the Asian Development Bank (ADB) to be used to improve the electricity network in seven of the country's states and regions.

Deputy Minister for Electricity and Energy, U Tun Naing, told lawmakers during the parliamentary session on Tuesday that the loan is expected to fund a six-year project (2019-2025) that will be implemented in Yangon, Irrawaddy, Tanintharyi and Bago regions and Mon, Karen, and Rakhine states.

He said the project aims to meet an increasing level of power consumption, to electrify rural areas, as well as to improve the existing system.

The project will include two parts: electricity transmission and electricity distribution, he explained, including a computerized electricity management and bill-collection system.

It will increase electricity distribution to 84,850 households in Irrawaddy Region, more than 151,000 households in Bago Region, 42,757 households in Mon State, 27,820 households in Karen State and 36,694 households in Rakhine State, U Tun Naing said.

The six-year project is estimated to cost a total of $308.9 million, of which $10 million will be funded by the state budget.

Deputy Minister for Planning and Finance, U Maung Maung Win, seconded the plan to loan $298.9 million from the ADB.

The loan period is 32 years, including an 8-year grace period and a 24-year repayment period. Interest will be charged at 1 percent during the grace period and 1.5 percent during the repayment period.

U Maung Maung Win said the government had an outstanding foreign loan repayment of about $10.2 billion.

This is within the bearable debt burden and is also in accordance with the 2018 Union Budget Law, the Public Debt Management Law, the 2017 Mid-term Loan Management Strategy and the Development Aid Policy, he added.

Power consumption has been increasing by at least 15 percent annually and it is estimated for consumption to rise to 4,531 megawatts of electricity by 2020-2021, the Minister for Electricity and Energy U Win Khaing, told state media in January this year. He added that the current total electricity production rate is about 3,189 megawatts.

Lawmakers are set to discuss the motion in an upcoming session of parliament.

The post President Requests Approval of $298M Loan to Improve Electricity Network appeared first on The Irrawaddy.

‘We Still Can’t Build Trust’: RCSS Spokesperson

Posted: 12 Sep 2018 03:00 AM PDT

CHIANG MAI, Thailand — Col. Sai Ngern, spokesperson for the Restoration Council of Shan State (RCSS), spoke to The Irrawaddy reporter Nyein Nyein about the armed group's clashes with government troops as well as the Ta'ang National Liberation Army (TNLA), one of the ethnic armed groups that have not yet signed the Nationwide Ceasefire Agreement (NCA).

We've seen frequent clashes between RCSS troops and TNLA troops lately in Shan State. What is the RCSS doing to de-escalate clashes?

For the time being, there is no direct contact between us and the TNLA. There is a mediator group and we're trying to hold talks with the TNLA. We tried to arrange informal talks with them in Feb. or March in order to solve the problems and arrange a meeting between senior leaders but,they still haven't taken place for various reasons. We, on our part, are trying to hold bilateral talks with the TNLA.

There are difficulties with trying to hold talks while fighting. We need to stop the fighting if we are to hold talks. It is important to hold talks. We always believe that dialogue is the only answer to solve this problem so we always keep the door open to dialogue. We think that it is necessary to hold talks on this issue.

Locals in northern Shan State have to flee from their homes frequently because of clashes. They also feel unsafe because of the threat of forced recruitment. What is the RCSS doing to help the war refugees and those who face forced recruitment?

There are two points. We don't forcibly recruit; we only welcome those who want to join us of their own volition. We don't have a policy of that [kind of recruitment]. We only accept them according to our principles. We understand that people are experiencing considerable hardships because of the fighting, and we sympathize with them so we try to avoid clashes as much as possible. The only thing that can be done to avoid clashes is to hold a meeting between two sides as soon as possible. Only then, understanding and trust can be built and a solution found. If we continue fighting, it is the people of both sides who will bear the brunt of the fighting. We don't want that to happen. We take care of internally displaced persons as much as we can.

Which group is now acting as a mediator between you two? When did you, the RCSS, propose a meeting with the TNLA? How is the situation now?

I can't officially reveal the mediator; let's just call it an organization. We spoke with the mediator about our demands earlier this month. The mediator will convey our message and mediate [with the TNLA]. So far, there has been no progress yet.

Ethnic Shan woman Nang Mo Hom was abducted and is being detained by the TNLA. The TNLA has said that it put her on trial in its own court for allegedly obstructing troops as they performed their duties in July 2017. Shan groups and other organizations have called for her release. What is the RCSS doing to secure her release?

We are not doing anything specific but we do share the standpoint of the other Shan organizations and the family of Nang Mo Hom.

The RCSS is a signatory of the NCA, but it continues to clash with not only the non-signatory TNLA, but sometimes also with the Tatmadaw. Why do you think this happens?

There are sporadic clashes between the Tatmadaw and us. It can be said that among the NCA signatories, we clash most with the Tatmadaw. Why? Our assessment is that firstly, there is barely any trust between us. We still can't build trust [with them]. Secondly, we have different understandings of state-level and Union-level [ceasefire] agreements [signed] between us. For example, there are problems with troop deployment. Their understanding of troop deployment is different to ours so we don't have a common understanding in that regard. Finally, we have to see if there are weaknesses with the ceasefire monitoring mechanism. There are sporadic clashes between us because of these three reasons. That's why we are planning to hold bilateral talks with the Tatmadaw.

The RCSS has long been trying to hold informal talks [with the government and Tatmadaw] but they still haven't happened. Why?

We have had three-way talks with the government and the Tatmadaw once or twice but as I've said, things didn't go well. We had a plan to meet them around this time but according to the current political landscape, the government and Tatmadaw are not yet ready. As everyone knows, the political landscape now is quite complicated. Government and Tatmadaw leaders are kept busy with other issues. For the time being, they are not yet ready.

What are the prospects of continued informal talks on political and security matters, known as a package deal, resolving this impasse?

It depends on the discussion. We, the RCSS, alone can't make decision regarding [the Tatmadaw's principle of] non-secession from the country. We have to consult other people; we must know the opinion of the people. This is very important. We have history. We Shans were a signatory to the [1947] Panglong Agreement. We are different from other [armed ethnic] groups. One of the solutions is to work out a political agreement through talks between top leaders of the concerned organizations. Whether it will do well or not depends on those discussions.

Translated from Burmese by Thet Ko Ko.

The post 'We Still Can't Build Trust': RCSS Spokesperson appeared first on The Irrawaddy.

UNHCR and UNDP Teams in N. Rakhine to Assess Repatriation Process

Posted: 12 Sep 2018 01:59 AM PDT

YANGON — The United Nations High Commissioner for Refugees (UNHCR) and the United Nations Development Program (UNDP) teams are on the ground in northern Rakhine State and commenced their first round of assessments on Wednesday, according to the UNHCR.

It has been three months since the signing of a Memorandum of Understanding (MoU) between the UNHCR, the UNDP, and the Myanmar government to facilitate the voluntary, safe, and sustainable repatriation of Rohingya who fled Myanmar last year, and to facilitate the creation of improved and resilient livelihoods for all communities living in Rakhine State. The Rohingya fled the country in the wake of clearance operations by Myanmar security forces that came in response to Arakan Rohingya Salvation Army's (ARSA's) serial attacks on security outposts in northern Rakhine State in August 2017.

The agency's reporting officer Aoife McDonnell told The Irrawaddy that the assessment process will take some two weeks, and will reach 23 villages as well as three additional village tracts in the townships of Maungdaw, Buthidaung and Rathedaung as approved by the government.

"The assessments begin based on the expectation that this very initial and small step, in terms of access, will be expanded rapidly to all areas covered by the MoU," she said.

The UNHCR said that by commencing with a needs assessment to identify and implement quick-impact projects, the UNHCR and the UNDP hope to jump-start confidence building measures aimed at rebuilding trust and social cohesion with those communities that remain in Rakhine State.

The post UNHCR and UNDP Teams in N. Rakhine to Assess Repatriation Process appeared first on The Irrawaddy.

Investor Interest Remains Steady as FDI Drops: MIC

Posted: 12 Sep 2018 12:38 AM PDT

NAYPYITAW — The Rakhine issue has no impact on foreign investors' interest in Myanmar, said U Aung Naing Oo, the secretary of the Myanmar Investment Commission (MIC).

The interest of potential foreign investors in Myanmar has not declined, U Aung Naing Oo told reporters, citing the record turnout at the Myanmar Global Investment Forum 2018 held in Naypyitaw on Tuesday and Wednesday.

"This year's event attracted a record turnout. Last year, it attracted 1,200 people, which was a record turnout then. So, it is fair to say that the interest of foreign investors in our country has not declined. And we are amazed that the number increased by 300," U Aung Naing Oo told reporters.

The Rakhine issue, however, did impact foreign direct investment, which declined by some US$900 million in the 2017-18 fiscal year compared to the previous year. The MIC hopes that this can be offset when Myanmar restores political stability, U Aung Naing Oo said.

Lawmaker U Aung Kyaw Kyaw Oo, secretary of the Lower House Investment and Industrial Development Committee, said that the investment of EU countries has declined primarily due to the Rakhine issue and that Myanmar must look to the east to attract investors.

Meanwhile, a shortage of skilled labor, lack of infrastructure and legal restrictions also create barriers for foreign investment, he said.

"The EU and the United States are planning to take action against Myanmar regarding the issues in Rakhine, which have impacted investment for political reasons," the lawmaker said.

The MIC targeted that it would receive US$3 billion in the six months' transitional budget from April 1 to Sept. 30. But it only received only about US$1.48 billion through August 31. Though US$400 million more is set to be approved in September, the target will not be met, said U Aung Naing Oo.

The manufacturing sector received most of the investment, followed by the service industry, telecommunications industry and property development industry, according to the MIC.

"We hope that the situation will improve in the next fiscal year. There are investors who are making inquiries with us. Some of them are big projects. So, we hope that we will be able to make a recovery next year," said U Aung Naing Oo.

However, he admitted that exorbitant land prices and land disputes are a major problem for foreign investors. A government committee led by the vice president is working to enact a national land law, and land problems will be overcome then, he said.

Myanmar approved investment from 28 countries in the 2017-18 fiscal year, and China, the Netherlands, Japan, Korea, Britain and the United States were the biggest investors.

Since foreign investment was allowed in 1988, China, Singapore and Thailand have been the biggest investors in Myanmar, said the MIC.

The Myanmar Global Investment Forum 2018 was attended by ministers, local and foreign businesspeople and Sean Turnell, the economic advisor to State Counselor Daw Aung San Suu Kyi.

Translated from Burmese by Thet Ko Ko.

The post Investor Interest Remains Steady as FDI Drops: MIC appeared first on The Irrawaddy.

China’s Small Farmers Pose Huge Challenge in Swine Fever Battle

Posted: 11 Sep 2018 10:25 PM PDT

HARBIN, China — Even after 14 outbreaks of African swine fever across China in just over a month, pig farmer Wang Wu does not believe the threat to his livelihood is real.

“I heard about the African swine fever thing. But then people said it was just rumor. It was fake news,” said Wang, who raises about 60 pigs in a village near Harbin, capital of China’s northeastern Heilongjiang province.

In any case, the disease was only present in the south, added Wang. In fact, the first outbreak was reported in Shenyang, also in the northeast. And Harbin is only 500 kilometers from Russia, where African swine fever (ASF) has been spreading for years.

The farmer’s lack of awareness of the virus highlights the scale of the challenge Beijing faces in controlling the highly contagious disease, which has spread rapidly among the world’s largest hog herd since it was first detected in early August.

There is no vaccine for ASF and mortality rates can be as high as 100 percent. The virus is also hardy, surviving for months in pork, feed or swill. It is not harmful to humans.

In an effort to check the spread of the virus, authorities have banned the transport of live hogs from and through affected areas, sending prices in some regions soaring.

But while industrialized pig producers in China have locked down their farms, canceling leave for staff who live onsite and reducing feed deliveries and outside visitors who risk spreading the virus to their pigs, many small pig farmers interviewed by Reuters in the past week have done nothing to keep the disease at bay.

That is likely a major reason for the number of outbreaks on farms of a similar size to Wang’s, say experts.

“You have to know what the risks are,” said an animal health expert at one of China’s biggest pig producers. “If a small farmer isn’t aware, he can’t manage those risks.”

Not Getting Through

Farmers producing fewer than 500 pigs a year accounted for 42 percent of China’s production in 2016, according to a research report from Rabobank. In eastern Anhui province, which has reported the most cases to date, there are still few large farms compared with other regions, said Pan Chenjun, senior analyst at the bank.

Beijing said last month it had launched a major education campaign on how to prevent the spread of the disease. It also collaborated with the United Nations Food and Agriculture Organization from 2014 to 2015 on a project to develop prevention and control strategies for African swine fever.

That included awareness-raising in rural communities, and in particular in Heilongjiang province, where Wang lives. Booklets on the virus were also distributed to farmers and vets across the country, according to the project details.

But the rapid spread of the disease in recent weeks raises questions about how effective those efforts were.

The Ministry of Agriculture and Rural Affairs did not respond to a fax seeking comment on the issue.

Wang, who raises his pigs in open pens and buys feed from door-to-door salesmen, did not require any disinfecting on a recent visit, a standard measure for preventing the spread of disease on farms.

Another farmer near Harbin, 65-year-old Zhang Chao, also knew little of the swine fever outbreaks. Local authorities recently supplied several bottles of disinfectant to his farm of several dozen pigs, said Zhang, and asked him and his wife to carry out thorough disinfection. But the couple did not know why.

“I am just a small pig farmer. What difference does it make if I know about it or not? What can I do?” asked Zhang.

Consolidation Opportunity?

Bigger farmers appear better informed. At a farm with 400 sows on the outskirts of Beijing, owner Ma said she had attended a government meeting on the disease several weeks ago. She declined to give her full name.

An official poster on her farm wall showed pictures of symptoms to watch out for, and described measures to prevent its spread.

Those included preventing pigs from coming into contact with infected feed, meat products and equipment, and raising pigs far from areas with wild boars.

“This disease is really terrifying,” said Ma’s farm technician Wang Liang. “For ourselves, we make sure we disinfect everything when we arrive, and the less contact with outsiders the better.”

Reaching and educating China’s millions of backyard farmers in remote regions, including the many operating under the government’s radar, may be an impossible task, said experts.

“They’re firefighters,” said Pan at Rabobank, referring to the authorities’ efforts to control the outbreak. “They’ll go to the affected regions first but they don’t have so much manpower. They can’t cover everywhere immediately.”

African swine fever may also push Beijing to shut down more small farms and further promote large players with a better grasp of biosecurity and the resources to invest in such systems, said industry participants, a push already under way.

“My clients are still expanding,” said a Shanghai-based farm management consultant who advises large producers in China. “They think this will be a good opportunity.”

The post China’s Small Farmers Pose Huge Challenge in Swine Fever Battle appeared first on The Irrawaddy.

US Senators Urge Pompeo to Press for Release of Reuters Journalists Jailed in Myanmar

Posted: 11 Sep 2018 10:13 PM PDT

WASHINGTON — Eleven Republican and Democratic US senators urged President Donald Trump’s administration to “use all tools at your disposal,” including imposing more economic sanctions, to ensure “the immediate, unconditional” release of two Reuters journalists imprisoned in Myanmar.

“We write today with great concern regarding the case of two Reuters journalists, Wa Lone and Kyaw Soe Oo, who were wrongfully detained and sentenced to seven years in prison in Burma,” the senators, led by Republican Marco Rubio and Democrat Jeff Merkley, both members of the Senate Foreign Relations Committee, wrote in a letter to Secretary of State Mike Pompeo, which was seen by Reuters on Tuesday.

The letter was signed by six Democrats and five Republicans.

The journalists were found guilty on official secrets charges and sentenced earlier this month in a landmark case seen as a test of progress toward democracy in Myanmar. The country, also known as Burma, was ruled by a military junta until 2011.

The government of Nobel laureate Daw Aung San Suu Kyi has come under increasing diplomatic pressure over a security crackdown sparked by attacks by Rohingya Muslim insurgents on security forces in Rakhine State in west Myanmar in August 2017.

The journalists were investigating the killing of Rohingya villagers by security forces at the time of their arrest last December, and had pleaded not guilty.

Their imprisonment has prompted an international outpouring of support, including a call for their release by US Vice President Mike Pence.

The senators said they appreciated Pompeo raising the case in August with Myanmar’s minister of international cooperation, Kyaw Tin, and calling for their immediate release, but said there should be further action.

Last month, the United States imposed sanctions on four Myanmar military and police commanders and two army units, accusing them of “ethnic cleansing” against Rohingya Muslims and widespread human rights abuses.

The post US Senators Urge Pompeo to Press for Release of Reuters Journalists Jailed in Myanmar appeared first on The Irrawaddy.

Myanmar Army, Government Aim to Silence Independent Journalism: UN

Posted: 11 Sep 2018 10:02 PM PDT

GENEVA — Military and government officials in Myanmar have waged a “political campaign” to quash independent journalism, arresting and prosecuting many through the use of vague and overly broad laws, the UN human rights office said on Tuesday.

Its report examined five cases, including that of Reuters journalists Wa Lone and Kyaw Soe Oo, found guilty last week of breaching the law on state secrets and sentenced to seven years in prison after investigating a massacre of 10 Rohingya men.

The UN report called it a “particularly outrageous and high-profile example of judicial harassment against the media in Myanmar” and illustrative of how arrests and prosecutions are conducted “in violation of the right to freedom of expression”.

Myanmar has said the court that convicted the two Reuters journalists under the colonial-era Official Secrets Act was independent and followed due process, after international calls for the pair to be released.

Ministry of Information spokesman Myint Kyaw declined to comment on the report when reached by Reuters on Tuesday. Yangon officials have rejected claims that press freedom was shrinking under the administration of Nobel laureate Daw Aung San Suu Kui.

“The report refers to the ‘instrumentalization of the law and of the courts by the Government and the military in what constitutes a political campaign against independent journalism’,” UN human rights spokeswoman Ravina Shamdasani told a Geneva briefing.

Laws on telecommunications, official secrets and import-export acts have been invoked against journalists, she said.

The group Reporters Without Borders estimates that around 20 journalists were prosecuted last year in Myanmar, Shamdasani said.

The UN report entitled “The Invisible Boundary – Criminal prosecutions of journalism in Myanmar”, which examined freedom of the press since Suu Kyi’s National League for Democracy (NLD) came to power in 2015, said it had become “impossible for journalists do to their job without fear or favor”.

The post Myanmar Army, Government Aim to Silence Independent Journalism: UN appeared first on The Irrawaddy.
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