Monday, July 30, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

Union Attorney General Revokes Court’s Decision to Drop Investigation into Comedian’s Killing

Posted: 30 Jul 2018 08:25 AM PDT

YANGON — Amid mounting public criticism, the Union Attorney General's Office on Monday annulled a Yangon Court's decision to drop the investigation into the murder of Facebook comedian Aung Yell Htwe, saying the investigation would continue.

Three suspects in the fatal beating of Aung Yell Htwe were unconditionally released on July 25 as the Yangon Eastern District Court accepted his family's appeal asking to settle the case.

Aung Yell Htwe, who became popular for the series of short comedy videos he posted to his Facebook account starting in 2016, died after being kicked and beaten by a group of men while attending a party last New Year's Eve at The One Entertainment Park in Yangon.

Three suspects in the fatal beating — Than Htut Aung (a.k.a Thar Gyi), Pyae Phyo Aung (a.k.a Aung Lay) and Kyaw Zaw Han (a.k.a Kyaw Zaw) — surrendered to police in the presence of their parents soon after the incident.

The release of the murder suspects without any charges being filed raised public doubts about the fairness of the court's handling of the case and about the rule of law in the country generally.

Netizens started a social media campaign titled "Failed Law" after the cover photo on a Facebook account with the name Than Htut Aung (the same as one of the released suspects) was changed to show a man with a masked face smiling mockingly.

"This is mocking Myanmar's judiciary," one person wrote, sharing screenshots of the changed cover photo.

Lawyers, lawmakers and activists also joined in the condemnation, claiming the release would encourage further killings and threaten public security.

Lawyer U Htay said he was shocked to hear that the court had dropped the investigation into the murder, saying it occurred in plain sight in a public place. He said it was especially disturbing given the high number of murders and other criminal cases in the country.

President U Win Myint, a former Lower House speaker who once worked as a barrister, also expressed concern about the case.

At a meeting with Yangon Region administrative, legislative and judicial officials at the Government Office on Sunday he emphasized the importance of the rule of law in a democratic system and the need for the judicial sector to be free from bias and corruption.

"The president said he had learned the puzzling and deeply disturbing news in regards to the judicial sector," said Ko Wai Phyo Han, a Yangon regional lawmaker who attended the meeting.

MPs attending the meeting said the president said that settling murder cases was important for the rule of law, and pointed out that the state has the authority to continue the investigation in such cases.

U Win Myint also instructed judicial officials not to delay in high-profile cases and to search for the truth.

The day after the meeting, President's Office Spokesperson U Zaw Htay said the President and State Counselor Daw Aung San Suu Kyi had questioned officials involved in the Aung Yell Htwe case regarding the decision to drop it.

He said it had been learned that the Yangon Region attorney general had approved the request to drop the case citing a lack of evidence implicating the accused.

In light of the state leaders' intervention, and with public criticism mounting over the dropping of the case, the Union Attorney General's Office ordered the region attorney general to annul the court's decision and continue the investigation at the Yangon Regional Court.

U Zaw Htay said the remaining witnesses in the case will testify after the Regional Court formally reopens the case.

Responding to reports that the suspects left the country soon after their release, the spokesman said the government would work with international police forces to return the three.

Lawyer U Htay added that approval from the court and from the the attorney general’s office were required to continue investigating the case under the Anti-corruption Law.

The post Union Attorney General Revokes Court's Decision to Drop Investigation into Comedian's Killing appeared first on The Irrawaddy.

Gov’t Names Members of Rakhine Investigation Commission

Posted: 30 Jul 2018 06:59 AM PDT

YANGON — The government on Monday announced the formation of a four-member commission to investigate allegations of human rights violations in Rakhine State following attacks on police posts there by the militant Arakan Rohingya Salvation Army (ARSA) in late August.

The President’s Office announced that it would form an independent commission of enquiry in May, after months of pressure from international rights groups to allow an impartial investigation of allegations of arson, rape and murder by the Myanmar military in Rakhine following the ARSA attacks.

On Monday, the office announced that the commission had been formed and comprised two local and two international members.

The commission is to be led by Rosario Manalo, a former deputy foreign minister of the Philippines. He is also a former chair and a current representative of the Philippines to the UN Convention on the Elimination of all Forms of Discrimination against Women.

The commission also includes Kenzo Oshima, a former permanent representative to the UN for Japan.

The two local members are U Mya Thein, a former chair of Myanmar’s Constitutional Tribunal, and a former senior official at UNICEF, U Aung Tun Thet, who is now chief coordinator of the Union Enterprise for Humanitarian Assistance, Resettle and Development in Rakhine, which was formed in October, one month after the ARSA attacks.

A statement from the President’s Office on Monday said the commission was “part of the government's national initiative to address reconciliation, peace, stability and development in Rakhine.”

A UN Security Council delegation visited Myanmar earlier this year and called for a transparent investigation into accusations of violence against Rohingya Muslims, warning that a failure to do so could lead to military officials being referred to the International Criminal Court in The Hague.

In June, Myanmar’s main opposition and former ruling party, the Union Solidarity and Development Party, submitted an urgent proposal to the Lower House of Parliament imploring the government to exclude foreigners from the investigation commission.

The proposal was followed by a meeting of the National Defense and Security Council — which includes the president, state counselor, army chief and other senior officials — in Naypyitaw to discuss the government's signing of a memorandum of understanding with UN agencies on the return of refugees from Bangladesh, the formation of an investigation commission, the latest Shangri-La Dialogue security conference in Singapore, and border security problems, according to the President's Office.

The post Gov’t Names Members of Rakhine Investigation Commission appeared first on The Irrawaddy.

Naga Armed Group Says Myanmar Military Won’t Let Ailing Chairman Travel

Posted: 30 Jul 2018 05:29 AM PDT

YANGON/Mon State — A senior leader of the National Socialist Council of Nagaland-Khaplang (NSCN-K) says the Myanmar military has refused to let the ethnic armed group’s chairman leave the Hukwang Valley in Sagaing Region.

The group says Chairman Khango Konyak is sick and wants to leave the valley for higher elevation.

"He does not want to stay in the hot area because he is sick, so he wants to move to a higher area where it’s cold," Eno Angang, an NSCN-K central committee member, told The Irrawaddy on Monday.

But he said the Myanmar military’s regional commander in Sagaing has told the chairman several times since last month to stay in the valley.

Sources close to the armed group say the chairman often goes into hiding for his safety and that NSCN-K leaders believe the military wants to keep him in the valley to better monitor his movements.

The NSCN-K signed a ceasefire agreement with the Sagaing Region government in 2012. It has not signed the Nationwide Ceasefire Agreement with the central government but attended the third session of the Union Peace Conference earlier this month as an observer.

On Sunday, Indian news agency Firstpost reported that tensions between the NSCN-K’s fighters and the Myanmar military were currently high in the Hukwang Valley, where the rebels recently withdrew from an outpost under military pressure.

The NSCN-K is based along Myanmar’s border with India and wants peace talks with Naypyitaw to cover ethnic Naga living on both sides. A splinter group, the NSCN-M, has been holding separate peace talks with Delhi.

Naga living in Myanmar and India are known locally as eastern Naga and western Naga, respectively. They are one of six ethnic groups granted self-administered areas under the Constitution and have representatives in Myanmar’s local parliaments.

The post Naga Armed Group Says Myanmar Military Won’t Let Ailing Chairman Travel appeared first on The Irrawaddy.

Thousands affected as Sittaung and Bago Rivers Rise to Record Levels

Posted: 30 Jul 2018 04:34 AM PDT

Yangon—The Sittaung and Bago rivers in Bago Region have swelled to their highest levels in more than five decades, according to the Department of Meteorology and Hydrology.

The Sittaung River has risen to a record high of 1,270 cm in Bago's Nyaunglebin Township, its highest level in 53 years.

Meanwhile, the water level of the Bago River reached 968 cm on Sunday, its highest level in 54 years.

"Water levels have risen because it rained heavily in Mon, Karen and Rakhine states for several days continuously," said U Kyaw Moe Oo, director-general of the Department of Meteorology and Hydrology.

Around 9,000 local residents have been dislocated by the floods and four relief camps have been opened in Madauk, U Nyi Nyi Htwe, a Nyaunglebin Township lawmaker in Bago's regional parliament, told The Irrawaddy.

"We've warned locals [about floods], and asked them to pack up their belongings and important documents. We've also opened relief camps for pregnant women and children," said U Nyi Nyi Htwe.

Madauk has experienced flooding since July 24. The water level of the Sittaung River has reached around six inches and nearly seven feet above the danger levels in Toungoo and Madauk respectively.

The Department of Meteorology and Hydrology estimates that the river is likely to rise a further 1.6 feet in Madauk and another foot in Toungoo by Tuesday.

The water level of the Shwekyin River is now six feet above its danger level and is expected to increase by a further 2 feet by Tuesday. The water level of the Bago River in Bago has also reached around three feet above its danger level.

The Thanlwin (Salween) River has risen by around 5.6 feet above its danger level in Karen State's Hpa-an. The water level of the Bilin River has reached around 2.6 feet above its danger level in Bilin Township.

The Department of Meteorology and Hydrology has advised local residents living near riverbanks and in low-lying areas in Hpa-an, Bago, Shwegyin, Madauk to move to safer places.

Over 400 rail passengers were stranded through Sunday as heavy rains submerged railroads from Yangon to Mandalay, Mawlamyine and Bago, Myanma Railways (MR) said.

"They were stranded as of Friday," U Kyaw Kyaw Myo, general manager of MR, told The Irrawaddy.

The MR will suspend its train services between Yangon, Mandalay and Naypyitaw until further notice, he said. It has also cancelled trains between Yangon and Mawlamyine after floods swept away around 100 feet of rail track in Mon State.

The post Thousands affected as Sittaung and Bago Rivers Rise to Record Levels appeared first on The Irrawaddy.

President Pushes for Speedy Trials, Govt Reform

Posted: 30 Jul 2018 03:54 AM PDT

YANGON —President U Win Myint warned local authorities in Yangon and Bago regions this weekend not to drag out high-profile legal cases or verbally commit to any projects the union government has yet to approve.

In a meeting on Sunday with Yangon Region administrative, legislative and judicial officials aimed at speeding up government reform efforts, the president urged his audience to support the rule of law and to avoid bias and corruption.

The president also stressed the importance of having the courts issue timely rulings in high-profile legal cases, according to lawmakers at the meeting.

Among the high-profile cases in Yangon is the murder trial of the men accused of assassinating National League for Democracy legal adviser U Ko Ni; the trial has been going on for more than a year, and the key suspect is still at large. In a separate cases, two detained Reuters reporters were recently charged with breaching the Official Secrets Act after some six months of hearings; their trial has only just begun.

Lawmaker U Kyaw Zeya said Yangon Chief Minister U Phyo Min Thein also briefed the president on the controversial New Yangon City Project. The president did not object, he said, “but he told the chief minister to make sure that existing new [parts of Yangon] are completed with urban facilities fit for human settlement."

U Phyo Min Thein has come under fire for his determination to press ahead with New Yangon City, which he claims will generate 2 million jobs. Some urban planners say the massive project is unrealistic, noting that many newer parts of Yangon still lack basic infrastructure.

U Win Myint also met with government officials in Bago Region on Saturday and warned them not to verbally commit to projects the union government has yet to officially approve, such as the planned Hanthawaddy International Airport.

The union government has since March been in negotiations with Japan to finance the airport — which would lie 80 km north of Yangon — after talks with a Singapore-led consortium fell apart in January.

Video of Saturday’s meeting was posted online and shows the president looking annoyed when informed that compensation for land confiscated in the airport project area would be distributed soon.

"Let me ask you: Has the union government decided that it would be implemented? We haven't decided yet. It's a union government decision. Please don't verbally commit," he said.

U Win Myint said that if regional governments verbally commit to something the union government has not yet approved, the public will get the wrong impression.

"And then protests will erupt. Debates in Parliament will follow. The government will have to make it right, and our reform program will get nowhere as we spend time on issues like this. So please don't do it," he said.

The post President Pushes for Speedy Trials, Govt Reform appeared first on The Irrawaddy.

Work on Yangon Elevated Expressway to Begin Next Year, Says Minister

Posted: 30 Jul 2018 03:48 AM PDT

Naypyitaw—Construction of the Yangon Elevated Expressway project will begin next year and should be completed within three years, Deputy Construction Minister U Kyaw Lin said on Monday.

The deputy minister made the comment in response to a question from lawmaker U Nay Myo Htet about the ministry's plan to build an inner ring-road in Yangon to ease the city's traffic woes.

Fifty-three companies from 12 countries including Myanmar have expressed interest in the project. The ministry will invite requests for proposals in December and the later select the tender winner.

"We will start inner-ring-road construction in 2019. We won't fund its construction. The tender winner has to build it on its own," U Kyaw Lin told the Lower House.

Then, it can collect road tolls from users, he added.

Though the Construction Ministry said it would not use state funds to build the elevated road, it is likely it will have to take out international loans to fulfill its obligations to the project as it is a public-private partnership, said Lower House lawmaker U Aung Hline Win of Mingalardon Township.

"Usually, an elevated expressway costs around US$10 million, or around 14 billion kyats, per mile. It is such a huge amount, and it is not easy," said U Aung Hline Win.

The Ministry of Construction inked a financial advisory services agreement (FASA) with the International Finance Corporation (IFC) for the project in Napyitaw in January.

The IFC, a sister organization of the World Bank, said that as part of the transaction, it would undertake due diligence and draft an internationally competitive tender to choose a qualified, experienced private sector developer for the project.

A total of 16 local firms, 13 companies from China, seven from Japan, four from South Korea, two from Thailand, three from India, two from Turkey, one each from Vietnam, France, Malaysia, Indonesia and the Philippines, and a Malaysia-Myanmar joint venture have expressed interest in the project.

When complete, the 47.5 kilometer-long elevated expressway will connect downtown Yangon, Yangon Port, Yangon International Airport, Mingalardon Industrial Zone and Yangon-Mandalay Highway.

The post Work on Yangon Elevated Expressway to Begin Next Year, Says Minister appeared first on The Irrawaddy.

10 Dead, 100,000 Affected by Monsoon Floods

Posted: 29 Jul 2018 11:56 PM PDT

YANGON — Monsoon floods have affected nearly 100,000 people and killed at least 10 across Karen and Mon states and Bago Region in southern Myanmar, according to government media reports on Monday.

According to the Karen State government, two children and a man died after they abandoned their home in search of shelter and their boat capsized.

In Mon State, three soldiers went missing after falling into the floodwaters on Friday. The government declared off three of them dead on Sunday after one of their bodies was found near the Yangon-Mawlamyine Highway.

The monsoon rains have flooded some 1,000 villages, destroyed roads and bridges, and forced 54,000 people from their homes over the past week.

The National Natural Disaster Management Committee issued evacuation orders on Sunday and said that 163 camps have been set up across southern Myanmar.

Large stretches of paddy fields and farmland inundated with muddy water and homes flooded to their rooftops could be seen in aerial photos of affected areas shared on social media. Some of the photos showed flood victims wading through waist-deep water in the rain, many carrying children and pets.

Many parts of Myanmar are hit by severe flooding every year during the monsoon season, damaging farms and infrastructure across the country.

Myanmar suffered its worst monsoon flooding this decade in 2015, when 100 people died in the floods and at least 330,000 people were displaced, according to ReliefWeb, an information site run by the UN Office for the Coordination of Humanitarian Affairs.

According to the site, Myanmar ranks 2nd out of 187 countries in an index of global climate risk and 9th out of 191 countries in an index of risk management, which measures their risk of humanitarian crises and disasters.

Click on each state or region on the zoomable map for data.

The post 10 Dead, 100,000 Affected by Monsoon Floods appeared first on The Irrawaddy.

China Says its Medical Institutions Must Not Use Recalled Huahai-Made Drug

Posted: 29 Jul 2018 10:14 PM PDT

SHANGHAI — China’s health regulator said on Monday all domestic medical institutions must cooperate with authorities and not use the valsartan blood and heart drug made by Zhejiang Huahai Pharmaceutical that could pose cancer risks.

The bulk manufacturer of the drug said earlier this month that it was recalling the valsartan drug sold in the United States after the European Medicines Agency found that it was tainted with an impurity linked to cancer.

In a notice posted on its website, China’s National Health and Family Planning Commission said the recalled drug, commonly used to treat patients with high blood pressure, should not be used for the diagnosis and treatment of diseases.

European regulators have said that the problem likely dates to changes introduced into manufacturing processes at the company in 2012, suggesting that many patients could have been exposed to cancer risk.

The drug has already been withdrawn in the United States and Europe and China’s drug regulator said on Sunday that Huahai had completed the withdrawal in China of the raw materials used to produce the drug.

The Chinese health regulator also said that there were six local companies that used valsartan made by Huahai. Five of these companies had products on the market and have since issued recalls, it added.

The sixth firm, the Hunan branch of Zhuzhou Qianjin Pharmaceutical, had not yet shipped out its products, the regulator said. The company said in a statement that it returned Huahai’s valsartan earlier this month and that none of its products were affected by the product recalls.

Huahai said on Monday that its other products did not contain the impurity known as NDMA, which is classified as a probable human carcinogen, and that it would continue to improve its systems to prevent similar incidents from happening.

The post China Says its Medical Institutions Must Not Use Recalled Huahai-Made Drug appeared first on The Irrawaddy.

Monsoon Flooding Forces Thousands to Evacuate Homes in Myanmar

Posted: 29 Jul 2018 09:48 PM PDT

YANGON — Some 50,000 people in Myanmar evacuated their homes after days of heavy monsoon rains left villages inundated and swept away bridges, while authorities scrambled to deliver aid to the affected regions, authorities and media said on Sunday.

President U Win Myint visited Bago Region in central Myanmar to meet displaced residents on Saturday and urged local officials to step up the provision of temporary shelters and aid. An estimated 100,000 people may be affected by the floods.

Parts of Myanmar flood annually at the peak of the monsoon season, causing frequent landslides and widespread damage to farmland and infrastructure in the Southeast Asian nation.

The country saw the worst monsoon flooding in a decade in 2015 when around 100 people reportedly died and over 330,000 were displaced.

The National Natural Disaster Management Committee on Sunday warned residents living near rivers and in low-lying areas to "immediately leave their homes as the water level…has exceeded the danger level," according to state media on Sunday.

Torrential downpours washed away a section of a 60-meter concrete bridge in the northern Shan State, while rice paddies and roads in the central Kayin State suffered extensive damage, state media reported.

The western state of Rakhine also saw heavy rainfall submerge some roads. Aerial images shared on social media showed muddy brown water covering vast tracts of land.

The Red Cross said on Twitter it was distributing hygiene, kitchen and shelter gear, posting photos of its volunteers getting people in flood-hit areas to safety in small boats.

The United Nations said in a statement it was following developments with "great concern."

“The UN in Myanmar is mobilizing its partners, resources and capacity and is offering to provide support to the ongoing assistance delivered to the victims of the floods by the government of Myanmar," said Knut Ostby, the UN resident and humanitarian coordinator.

The post Monsoon Flooding Forces Thousands to Evacuate Homes in Myanmar appeared first on The Irrawaddy.

Cambodia Hits Back at Criticism of ‘Flawed’ Election as Hun Sen Retains Power

Posted: 29 Jul 2018 09:13 PM PDT

PHNOM PENH — Cambodia woke to another chapter of rule by strongman Prime Minister Hun Sen on Monday, a day after his Cambodian People’s Party (CPP) declared victory in a general election that rights groups said was neither free nor fair.

The White House said it would consider steps, including an expansion of visa restrictions placed on some Cambodian government members, in response to “flawed elections” in which there was no significant challenger to Hun Sen.

CPP spokesman Sok Eysan said on Sunday the party won an estimated 100 out of 125 parliamentary seats. DAP news, a pro-government website, said later the CPP had won 114 seats. Two other parties, the royalist Funcinpec and the League for Democracy Party, won five and six seats respectively.

More than 82 percent of those registered to vote cast a ballot, according to the National Election Commission. Turnout was 90 percent in the 2017 local election and 69.61 percent in the previous general election in 2013.

Critics say the election was a backward step for democracy in Cambodia following the dissolution last year of the main opposition Cambodian National Rescue Party (CNRP) and the jailing of its leader, Kem Sokha, on treason charges.

Former CNRP president Sam Rainsy, who lives in exile, said the election was a “hollow” victory for Hun Sen, a former Khmer Rouge commander who has ruled Cambodia for nearly 33 years.

The United States has imposed visa curbs on some Cambodian government members over a crackdown on critics and levied sanctions in June on a high-ranking official close to Hun Sen.

The European Union has threatened Cambodia with economic sanctions.

White House Press Secretary Sarah Sanders said in a statement that Sunday’s vote “failed to represent the will of the Cambodian people.”

“The flawed elections, which excluded the country’s principal opposition party, represents the most significant setback yet to the democratic system enshrined in Cambodia's Constitution,” Sanders said, adding that the election campaign was marred by threats from national and local leaders.

“The United States will consider additional steps to respond to the elections and other recent setbacks to democracy and human rights in Cambodia, including a significant expansion of the visa restrictions announced on December 6, 2017,” she said.

Government spokesman Phay Siphan said the White House statement was an attempt to intimidate Cambodia.

“This is against the Cambodians who went to vote to decide their own fate,” Phay Siphan told Reuters.

“Help the people”

Newspaper headlines in Cambodia on Monday greeted Hun Sen’s victory.

“CPP Dominates Election: Unofficial results show ruling party will increase its majority in the National Assembly,” said the pro-government Khmer Times newspaper.

Some independent media were targeted by Hun Sen and his allies in a pre-election crackdown.

Many polling stations in the center of the capital, Phnom Penh, appeared quiet on Sunday. Polling stations Reuters visited in the city were less than bustling and some voters said they voted because not doing so would land them in trouble.

The opposition CNRP had called on voters to boycott the election, but authorities warned anyone doing so would be seen as a traitor.

At the Kapkor Market in Phnom Penh, Meas Sinuon, 60, said she was pleased with Sunday’s result.

“This government has done good things already,” she said as she shopped for groceries. “But I want the new government to do more to help the people.”

Another voter, a Phnom Penh tuk-tuk driver, described the result as “same same.”

“Hun Sen again,” said the man, who declined to be named because he feared for his safety.

Unofficial election results are expected in mid-August, with official results due in September.

The post Cambodia Hits Back at Criticism of ‘Flawed’ Election as Hun Sen Retains Power appeared first on The Irrawaddy.
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