Tuesday, November 4, 2014

Democratic Voice of Burma

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Democratic Voice of Burma


MOI to sue Herald for defamation

Posted: 04 Nov 2014 05:00 AM PST

The Ministry of Information (MOI) announced on Tuesday that it plans to sue the Myanmar Herald Journal for defamation after the weekly newspaper published an interview with a prominent NLD leader who made a statement which the ministry claims "hurt the dignity and rights of the state leader [President Thein Sein]."

The alleged defamatory statement was published on 9 August in the Herald's "Politics Q&A" section, which contained an interview with Myo Yan Naung Thein, an NLD Executive Committee member who is also secretary of the party's Central Research Supervising Team and headmaster of the Badar Political Institute.

According to the MOI announcement, the Herald quoted Myo Yan Naung Thein as saying, "The President is the head of the State but his words were gibberish, irrational, cheap and inconsistent, and that in my sense all his words were completely nonsensical, absurd and insane."

The announcement said the Herald also defamed President Thein Sein by publishing a statement by Myo Yan Naung Thein in which he said it was "totally unclear who imparted such ludicrous ideas to the President [that would lead Thein Sein to adopt such] poor policies and lead the government."

The MOI said it subsequently asked Burma's Interim Press Council to instruct the Herald to provide an explanation for "the irresponsible expressions [it published] in accordance with press ethnics," after which the Press Council made a "suggestion" to the news journal that it publicly apologise for publishing "accusations that jeopardised the image of the President".

While the Press Council was attempting to mediate the dispute, the Herald apparently gave the council a draft apology letter that it was planning to publish.

However, after obtaining a copy of the letter, the Information Ministry decided to sue the Herald for defamation because its apology was not only insufficient, but also "further criticised other dignitaries," according to the MOI announcement.

In an interview with DVB, the Herald's Deputy Chief Editor Ank Khaung Min said the Herald was merely quoting the NLD member, and that the statements were not part of an editorial written or published by the news journal.

Ank Khaung Min also said the journal has not yet received notice of a lawsuit, but if necessary the Herald will fight back within the framework of the law.

“I don’t understand the Information Ministry's rules and regulations. They want to sue the journal instead of the individual who made the statement. I think they don’t want to get into a confrontation with the NLD so they are suing the media instead,” he said.

In Burma, defamation is a criminal offence which carries a maximum punishment of two years' imprisonment plus fines, or both. Most countries have abolished criminal defamation, however, and only permit lawsuits for civil defamation.

Thus, in most jurisdictions if the judge rules that a defamatory statement was made, the defendant might be required to pay money and/or make a public apology, but the defendant cannot be imprisoned.

Yet in Burma defamation is a criminal offence contained in Article 499 of the Penal Code, which provides that "Whoever, by words either spoken or intended to be read, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said … to defame that person."

Although the above language indicates that publishers can be liable for criminal defamation, Article 501 makes this point clear by saying, "Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be [liable for criminal defamation and punished accordingly]."

However, the penal code also provides several exceptions that, if satisfied, will absolve defendants of liability for defamation. The second exception says that it's not defamation "to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct."

In other words, it would not be defamatory for a newspaper to publish a quote which says a public official is insane if, in fact, that public official's conduct appears insane.

The ninth and tenth exceptions say that it's not defamation if an otherwise defamatory statement or caution is made "in good faith for … the public good."

On Tuesday, AFP wrote that the Herald is "renowned for its criticism of the government and ministers."

DVB also reported recently that Reporters Without Borders released a statement in July saying that the Herald has previously been targeted by the government.

In its statement, Reporters Without Borders condemned Burma's Special Branch—a police intelligence agency—for harassing the news media on the pretext of conducting financial audits, citing an incident on 23 July in which Special Branch officers went to the Herald's office and detained three editors without any explanation.

Bullet Points: 4 November 2014

Posted: 04 Nov 2014 03:59 AM PST

On tonight's edition of Bullet Points:

  • UNHCR vows to tackle global statelessness, highlights Rohingya
  • Taunggyi balloon festival held off for a day due to weather following deaths on the weekend.
  • Myanmar Herald to be sued by MOI over Thein Sein ‘idiot’ gaffe
  • Rangoon’s Shi’ites test their faith

You can watch Bullet Points every weeknight on DVB TV after the 7 o'clock news.

When will the Rohingya get to say ‘I Belong’?

Posted: 04 Nov 2014 03:03 AM PST

It's now 60 years since the United Nations pledged to protect displaced persons in a 1954 convention, however the number of individuals around the world who are without a nationality has surpassed 10 million.

The numbers continue to rise with war in the Middle East escalating and new risks of statelessness have emerged with the growing number of major conflicts across the globe.

On a mission to curb and end statelessness within the next ten years, the United Nations High Commission for Refugees (UNHCR) has initiated a worldwide campaign titled "I Belong", signed and endorsed by celebrities such as UNHCR Special Envoy Angelina Jolie, Nobel Laureate Desmond Tutu and members of the diplomatic community across the world.

As the UN unveiled its ten-point action plan to end statelessness around the world, the UN High Commissioner for Refugees António Guterres pointed out that the campaign is to ensure that no child is born stateless.

"Statelessness makes people feel like their very existence is a crime," said Guterres. "We have a historic opportunity to end the scourge of statelessness within 10 years, and give back hope to millions of people. We cannot afford to fail [in] this challenge."

Closer to home, as persecution and discrimination continues for the Rohingya Muslims in Burma, rights advocates say statelessness is one of the root causes of their plight.

Matthew Smith from the NGO Fortify Rights told DVB that, "Statelessness is one of those predicaments that has a cascade effect on human rights violations, and we are seeing that with the Rohingya population."

The Rohingyas live in a state of flux, caught between accusations of being illegal migrants in both Burma and Bangladesh. They have constantly been denied their basic rights of self-determination, their civil rights to be recognised as citizens of Burma, and do not qualify for rights to health, education or birth certificates in Burma.

"These are abuses that stems from the statelessness of the population," points out Smith.

Under Burma's 1982 Citizenship Law, the Rohingyas – or "Bengalis", as many Burmese documents refer to the group – are not recognised as citizens of the state.

Derogatory conditions, coupled with violence and persecution bordering, some observers say, on the lines of "ethnic cleansing" have left the community stateless and vulnerable. Worsening conditions have prompted scores of Rohingya people to flee the country by sea on rickety boats, often a perilous or fatal journey. Only about a few weeks ago, the number of Rohingya boatpeople was estimated to have exceeded 100,000.

Many of those who manage to make it across to neighboring Thailand, India and Bangladesh are once again tossed into limbo, unwelcome aliens in those countries.

The UN agencies, signatories and human rights groups within Burma said they believe that by amending the 1982 Citizenship Law or by arriving at tangible legal solutions, the problems of the stateless refugees inside Burma can be fixed.

Vivian Tan, regional press officer for UNHCR in Southeast Asia, told DVB on Tuesday that the "I Belong" campaign aims to create awareness among the Burmese public regarding statelessness and thereby bring about policy implementation through influence of public opinion.

"In Myanmar, UNHCR is providing advice and helping to build the capacity of the government to address challenges related to citizenship," said Tan. "We have a long-term ongoing dialogue with the government to bring the Citizenship Law in line with relevant international standards. We help to prevent statelessness from occurring by promoting birth registration and the issuance of other relevant documents. At the same time, UNHCR advocates for the respect of the fundamental rights of stateless people."

But despite pressures from the international community, little has been done to address the plight of the Rohingyas. As the issue of statelessness becomes intertwined with the need for stability in Arakan State, Smith points out that, "If the Burmese government wants stability in Arakan state, they need to address this [statelessness] head on."

No pain, no gain – Rangoon’s Ashura festival

Posted: 03 Nov 2014 11:46 PM PST

Late into Monday night, members of Rangoon's relatively small Shia Muslim community met at the old Mogul Mosque on 30th Street to celebrate the centuries-old tradition of Ashura.

Under the eyes of their wives, children and mothers, men and boys ran barefoot back and forth on a blazing 10-metre path of burning coals while chanting the names of the Prophet Mohammed and his grandson Hussein.

The ceremony is held in honour of Hussein's martyrdom at the Battle of Karbala in the year 61 AH (680 CE). Shia Muslims around the globe mark this as a day of mourning every 10th of Muharram in the Islamic calendar. It commemorates the date when Hussein Ibn Ali and 72 followers found themselves isolated in the Iraqi desert near Karbala. Surrounded by Syrian enemies and without water, he chose to take the initiative and met his death while charging an overwhelmingly larger army.

“This is special day for us. Normally we are Burmese like the Buddhists, the Christians and the Sunnis, but tonight we can be Shia”

The death of Hussein also marks a significant split in Islam from whence the Shia continued to follow the lineage of Hussein, who is considered the third imam in Shia religion (after his grandfather Prophet Mohammed and father Ali).

Shia Islam is now mostly practiced in Iran, but is strong in Iraq and parts of Lebanon. In Burma, it is estimated that the Shia community numbers around 2,000 in Rangoon, some 500 in Mandalay, and a few hundred in other cities.

In addition to the fire-walking rite, devotees offer homage to Hussein by flagellating themselves with a zanjeer or long chain of blades. Through this suffering, they mourn Hussein's death while hoping to be forgiven for their personal sins.

One spectator comments: "This is special day for us. Normally we are Burmese like the Buddhists, the Christians and the Sunnis, but tonight we can be Shia."

Jail, hard labour for 70 year-old couple 




Posted: 03 Nov 2014 10:36 PM PST

Five family members—including two 70-year old grandparents—were sentenced to six months' imprisonment plus hard labour on 28 October after harvesting paddy on disputed land in Irrawaddy Division's Kyunggyi Village.

The family was sentenced while standing trial for another case which began last year after the family planted paddy on land which they originally owned but had lost when they failed to repay a loan to the plaintiff, Aye Nyein, who sued them for trespassing and destruction of property.

The first case was still pending when the elderly couple and their children entered the field again and harvested the paddy, after which they were charged with theft and given six-month jail terms plus hard labour.

A police officer from Maw Kyung police station who spoke with DVB said, “They were on trial for trespassing. During the trial they went to harvest the paddy, so they were convicted for theft.”

After the verdict, the family was sent to Myaung Mya prison, according to the police officer.

The incident began three years ago when the family borrowed money from Aye Nyein and agreed to put up their land as collateral. After failing to repay the loan, Aye Nyein sued the family for trespassing and destruction of property in 2013, a case which is still ongoing.

The youngest children—aged 8 and 10—have been placed under the guardianship of a farmers’ assistance NGO while their parents serve their jail sentences.

Burmese embassy requests reopening Koh Tao murder case

Posted: 03 Nov 2014 09:05 PM PST

The Burmese embassy's legal team has requested reopening the investigation into the murder of two British citizens on the Thai island of Koh Tao.

Lawyer Aung Myo Thant told DVB that the embassy made the request to Thailand's Ministry of Legal Affairs on Monday evening on the basis that confessions by Burmese suspects Zaw Lin and Win Zaw Tun were made under duress of torture.

"The kids [Zaw Lin and Win Zaw Tun] have told the Thai human rights commission, the lawyers, our embassy team and their parents on each occasion that they were beaten by police," he said. "Therefore we requested that a special team be formed to reinvestigate the case. We presented a written letter of request to a ministry official."

Aung Myo Thant said that he and the embassy team had met with members of the Thai Lawyers Council, the country's Human Rights Commission and the suspects' parents from 1pm to 3:30pm on Monday, 3 November.

A representative of the Human Rights Commission called on police to answer the allegations of beatings or torture during interrogation, but the police failed to show up at the meeting, the second time they have failed to appear, said Burmese embassy team member Kyaw Thaung of the Myanmar Association in Thailand.

"The [Thai] Human Rights Commission requested the Thai Lawyers Council and ourselves to present any information we had," he told DVB by telephone. "They also requested any evidence that contradicts the DNA tests. We exchanged information about the details of the case."

British tourists David Miller and Hannah Witheridge were bludgeoned to death on Koh Tao in the early hours of 15 September. Miss Witheridge was also raped. After an international outcry, Burmese migrants Zaw Lin and Win Zaw Tun were arrested two weeks later, police claiming that DNA taken from Witheridge matched the two suspects.

The Burmese pair now say they are innocent of the crimes and maintain that they confessed under duress after police told them they would be killed if they did not confess.

DVB Debate: Hanging on the telephone

Posted: 03 Nov 2014 07:37 PM PST

Two foreign communications firms are now operating in Burma, after over a decade of state control. Qatar-based firm Ooredoo and the Norwegian Telenor have introduced affordable sim cards and pledged faster, more reliable phone and internet connections. In this episode of DVB Debate, the studio examines what a modernising telecommunications market means for Burma.

Shan Herald Agency for News

Shan Herald Agency for News


Catalonia Referendum: Some comparative points with Burma's ethnic conflict

Posted: 04 Nov 2014 02:27 AM PST

As the scheduled Catalonia referendum of November 9 draws nearer, the confrontation between the Spanish government and the Catalonia regional government becomes more intense. While Spain's Deputy Prime Minister Soraya Saenz de Santamaria emphasized that one of the main reasons to block the ballot was to protect Catalan civil servants so they are not forced to break the law, as according to the Spanish government, the ballot is against Spain's constitution, President of the regional government of Catalonia Artur Mas stand fast and said that the government of Catalonia will continue organizing the ballot scheduled forNovember 9 and announced the possibility of taking "legal action" against the Spanish government as he considers they are interfering with issues that are under the region's rule.

In September, even after the Spanish Constitutional Court temporarily suspended the non-binding referendum, which means that the referendum was temporarily suspended until the court makes a definitive decision on the substance of the matter, the watered-down version, initiated by Mas, of the referendum without legal binding, led by volunteers and supported by a large part of the local governments of Catalonia, the Spanish government still seeks to block this second attempt to hold a ballot.

Why Vote?
A summarized version on why a referendum on self-determination is necessary to reset the relationship between Catalonia and Spain is explained by "Catalonia Votes" website as follows:-
It is the popular demand of more than 80% of Catalan in opinion polls, and of a clear majority of members of the Catalan parliament.

Catalonia has always had a distinct culture and language and a strong desire for self-government. Though Catalonia lost its independence in 1714, there was a political and cultural renaissance in the 19th century which eventually led to the proclamation of the Catalan Republic in 1931. Subsequent negotiations with the Spanish Republic led to a wide-reaching autonomy. However, General Franco's fascist victory in 1939 led to the suspension of Catalonia's autonomy, a ban on the Catalan language, and a fierce repression forcing 200,000 Catalans to go into exile. Franco also ordered the execution of Catalonia's President at that time, Lluís Companys.

After Franco's death, 1977 saw the return of the Catalan President, Josep Tarradellas who had been elected in exile. This allowed for the re-establishment of the autonomous government. Subsequently, the Spanish Constitution of 1978 and the 1979 Statute of Autonomy for Catalonia set the limits of its autonomy.

Spain has become economically and socially modernised since then but it has not fully accommodated its internal diversity into its political set-up. A new statute of autonomy, agreed by referendum in Catalonia and passed by the Spanish parliament in 2006, was drastically altered by a controversial court ruling in 2010. Catalonia's proposal for greater fiscal autonomy was then rejected out of hand. Attacks against Catalonia's education system and linguistic rights have also increased and more and more recentralisation measures are being taken.

According to BBC, until recently, few Catalans wanted full independence, but Spain's painful economic crisis has seen a surge in support for separation. Many Catalans believe the affluent region pays more to Madrid than it gets back, and blame much of Spain's debt crisis on the central government.
The regional government, in power since snap elections in November 2012 gave a majority to separatist parties, plans a November 2014 referendum on independence, which it said would be non-binding after the Spanish parliament and courts declared it unconstitutional.
Grievances and Reasons

Generally, four main reasons have been given concerning the current drive for Catalonia's independence. They are, according to Matthew Bennett, editor of The Spain Report, which provides daily news and analysis about political and economic goings on in Spain, firstly, the failed attempt to negotiate a constitutional arrangement between the Spanish government and Catalonia during the 2000s; secondly, the economic crisis; thirdly, the upsurge of Catalan national identity, while Spain still has some historic problems with collective national identity to solve; and finally, the firm 'no' position of the current Spanish, Popular Party government.

In the same vein, on 11 September 2012, Catalan News Agency published an article, titled " Catalonia's independence from Spain?" , written by Gaspar Pericay Coll, as follows.

In fact, in general terms, Catalan nationalism has been seeking agreements with the Spanish nationalists for the last 150 years, trying to find a comfortable place for the Catalan nation within the Spanish state. Independence supporters existed, but most of the time they were a minority within Catalan nationalism. Now, according to the latest poll conducted by the Catalan Statistics Institute (CEO), 51% of Catalan citizens would vote for the independence in a hypothetical referendum. It is the highest figure ever.

There are four main reasons: little respect for Catalan language and culture; Spain's lack of recognition of its plurinational nature; the attempts to recentralise Spain and trim Catalonia's self-government; and, Catalonia's excessive fiscal contribution to pay for investments and services delivered in the rest of Spain, an amount that official studies made by the Spanish Finance Ministry stated it represents between 6.4% and 8.7% of Catalonia's GDP annually (between €13.1 billion and €17.8 billion). Recent political movements by Spanish nationalists have demonstrated the first three reasons. The economic crisis has emphasised the unfairness of the fourth reason, since now Catalonia cannot pay for its basic services and has the largest debt among the Autonomies despite continuing to transfer the largest amount of money to the rest of Spain and being a net contributor to the European Union for decades. Furthermore, after the fiscal redistribution, Catalonia has worse public services than subsidised regions.

In this scenario, traditionally Catalan nationalists would have tried to negotiate with the Spanish nationalists and smooth over the situation. In fact, the new fiscal agreement that the Catalan Government is trying to push forward but that the Spanish Government refuses to negotiate still applies this logic. However, a large part of the Catalan population is extremely tired of these negotiations and has given up all hope of an agreement. The Spanish Government's refusal to even discuss a new fiscal agreement between Catalonia and Spain, similar to what the Basque Country and Navarra already have, reaffirms the exasperation of many Catalan nationalists trying to reform Spain. Most of them have given up trying and have concluded that the only solution is independence.

Stakeholders
The major stakeholders are the Catalan nationalist and the Spanish government.
There are currently seven parties represented in the Catalan Parliament:
Convergència i Unió (CiU) has 50 MPs ('diputats' in Catalan) and currently forms a minority government thanks to a Stability Pact with the main opposition party, ERC. CiU itself is a long-standing stable coalition of two parties which present a joint list of candidates at elections. Convergència Democràtica de Catalunya (CDC – liberals) is the larger partner, the smaller being Unió Democràtica de Catalunya (UDC – Christian Democrats). CiU is in favour of the creation of a Catalan State and supports the holding of a referendum in Catalonia for Catalans to decide their own future.

Esquerra Republicana de Catalunya (ERC) has 21 MPs and is the leading opposition party. It is a left-wing, pro-independence party and campaigns for a referendum in Catalonia for Catalans to decide their own future.
The Partit dels Socialistes de Catalunya (PSC) has 20 MPs. It is federated with the Spanish Socialist Party (PSOE). It is in favour of a constitutional reform to make Spain a federal country.

The Partit Popular (PP) has 19 MPs. It is a right-wing party in favour of Spanish unity and is also the party currently in Government in Spain. They are against holding a referendum on the future status of Catalonia.

Iniciativa per Catalunya Verds – Esquerra Unida i Alternativa (ICV-EUiA) has 13 MPs. It is a left-wing, green party and is in favour of a referendum on the future status for Catalonia.

Ciutadans – Partido de la Ciudadanía (C's) has 9 MPs. It first entered Parliament in 2006. It campaigns in favour of Spanish unity, seeking to attract votes from both left and right-wing voters and is against the celebration of a referendum.

Candidatura d'Unitat Popular – Alternativa d'Esquerres (CUP) has 3 MPs. It first entered Parliament in 2012. It is an alternative left party, and is in favour of independence. (Source: Catalonia Votes)
The Spanish Government position is that it "will not allow" and "will not negotiate" on Catalonia's self-determination vote.
"I want to tell you with all clarity that this consultation will not take place", emphasised the Spanish Prime Minister Mariano Rajoy, on 12 December 2013, evening referring to Catalonia's self-determination vote, according to the Catalan News Agency.

The two biggest parties, with parliamentary representation in the Parliament of Spain, People's Party (PP) with 186 seats and Spanish Socialist Workers' Party (PSOE) with 110 seats are against the referendum, while only small Plural Left Party with 11 seats, Basque separatist party, Amaiur, with 7 seats, and Basque Nationalist Party, with 5 seats are for the Catalan referendum of self-determination. (Source: Wikipidia – Catalan Self-determination Referendum, 2014)

Spanish government hard stance

The failed attempt to negotiate for a constitutional arrangement during the 2000s, is coupled by Madrid Constitutional Court ruling, in 2012 July, that there is no legal basis for recognising Catalonia as a nation within Spain and that Catalan should not take precedence over Castilian in the region. The decision, in response to a complaint by the opposition centre-right People's Party, angers Catalan nationalists and is criticised by the regional government.



Following the re-election of regional head Artur Mas, in 2012 December, after his coalition pact with the left-wing ERC, both parties support to hold a referendum on secession from Spain in 2014.

In 2013 January, Catalonia's regional parliament approves a "declaration of sovereignty" aimed at paving the way for a referendum on independence from Spain in 2014.
Refusal of referendum and possible scenarios
Matthew Bennett, editor of The Spain Report, which provides daily news and analysis about political and economic going in Spain, on 14 September, in an interview by Business Insider explained the situation as follows:-

Three things: people, the economy and the 21st Century.
First, there are a lot (1-2 million) independence supporters who come out onto the streets of Catalonia for the independence marches. If they all turn up at voting stations on November 9 and the ballot boxes are waiting for them, there will unlikely be enough police to stop them.

Second, the economic arguments are a double-edged sword: yes, there would likely be huge economic chaos short term after any attempt at independence but, equally, if the Catalans try to walk away with 19% of Spanish GDP and 26% of exports right now, the weakened Spanish economy will tank, and that will create would cause a huge sucking sound in Europe, and then maybe globally.

Thirdly, this is the 21st-Century, not the 19th-Century with horse charges and swords, or the 1930s with communists and fascists prepping for civil war. Supporters of Catalan independence like to say this will never be a violent revolution, so would Madrid ever have the balls to send police, soldiers and tanks to Barcelona to arrest people and stop it happening (which is what the legal threats ultimately imply)? Many Spanish conservatives also doubt Mr. Rajoy would have the guts to actually stop this taking place, despite him having lots of legal authority and actual power to try if he wants to (he could, in theory, order Mas and Junqueras arrested and suspend regional government altogether). That's what happened the last time the Catalans tried this, in 1934. Artillery pieces and machine guns were brought onto the streets of Barcelona, 46 people were killed and the Catalan First Minister, Companys, sentenced to 30 years in jail for rebellion.

Another speculation is that, if everything fails, Catalonia could declare unilateral independence, although this might still be far-fetched, according to experts.

Comparative points with Burma's ethnic self-determination

Catalonia has a very high level of autonomy and healthy economy but the Spanish government implementation and attitude of diluting Catalonia national identity has ushered the Catalan to seek for a referendum on self-determination.

In Burma, non-Burman ethnic nationalities are still struggling to attain rights of self-determination, equality and democracy in the form of a federal set-up, while their territories are under military occupation under the pretext of "national unity".

If there is any lesson to be learned from the Catalan experience, the recent call for self-determination or secession referendum could have been avoided, if the Spanish government have been open to the constitutional arrangement to exist side-by-side as nations on equal basis. Instead, the Spanish government has been trying to subdue the nationalism upsurge, leading the Catalan to take a more drastic action.

The core point here is the international tendency of the ethnic upsurge or ethnic rights of self-determination, which is unstoppable and could not be contained. Although this does not mean a just constitutional arrangement could not hold the nations together, within a federation or agreed collective political entity. Canada's Quebec and UK's Scotland are also good examples, where referendum were held and the majority still like to stay within the union. But nevertheless, the right to vote on their political destiny must be given, under the norm of the peoples' right to self-determination.

If comparison has to be made between non-Burman ethnic nationalities and Catalan movement, the Catalan are very well off in that they have the opportunity to express their will through the ballot box, while Burma's ethnic groups still have to beg for equality and federalism, coupled with military suppression, occupation, economic exploitation and human rights violations.

The only common thing between them is the urge and struggle for rights of self-determination.

Conclusion

The dissatisfaction of the Catalan in diluting their national identity and what they see as economic exploitation by the Spanish government would continue to be there, even if it could halt the planned, watered-down referendum of "public consultation" through public participatory process.

For now, the Catalan cannot be sure if they would be able to vote and hopefully, the Spanish government will find a way out to accommodate the will of the people, instead of denying their right to express their rights of self-determination.


Wa, Naypyitaw discuss opening of Thai-Burmese border checkpoint

Posted: 04 Nov 2014 02:11 AM PST

One of the topics discussed at Mongla on the Sino-Burmese border between the United Wa State Army (UWA) and Union Peacemaking Work Committee (UPWC) last month was the reopening the BP-1 Thai-Burmese border checkpoint that was closed since 2002, according to a report coming from the Sino-Burmese border.



The BP-1 (Boundary Pillar #1) checkpoint, also known as Kiu Pha Wawk, was shut down by the Burma Army after a month long military confrontation with the Shan State Army in May-June of that year.

The government side appointed U Nyunt Aung from Commerce and Consumer Affairs Directorate as contact person. On the UWSA side is U Philip, introduced as Special Coordinator.

The BP-1 checkpoint connects Mongton township with Chiangmai's Chiangdao district.

The UWSA's Vice President Xiao Minliang also proposed 6 other items: assistance for road construction, license for 60 Wa trucks, national IDs for the Wa people, hydropower plant on the Salween, coal mining project and hydropower plant in Hsipaw.

The National Democratic Alliance Army (NDAA)'s President Sai Leun aka Lin Mingxian, who is based in Mongla, meanwhile, proposed assistance for schools and hospitals in his area.

Both the Wa and Mongla groups have enjoyed ceasefire with Rangoon (and later with Naypyitaw when it became the new capital) for 25 years.

Speaking on the latest hitch that has delayed the negotiations between the UPWC and its ethnic counterpart Nationwide Ceasefire Coordination Team (NCCT), U Thein Zaw was reported to have brushed it off saying: It is like the sifting process. Those that are small slip through easily. So the first three drafts were quite fast. Now only the few but big ones are left. So it is natural it is taking a while.


Monday, November 3, 2014

Democratic Voice of Burma

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Democratic Voice of Burma


Bullet Points: 3 November 2014

Posted: 03 Nov 2014 04:34 AM PST

On tonight's edition of Bullet Points:

  • Govt, ethnic peace negotiators aim to get talks back on track
  • Magwe monks march in support of race protection laws
  • Fraser and Neave shareprice down after losing out on Myanmar Brewery
  • Bagan listed as most romantic place on earth

You can watch Bullet Points every weeknight on DVB TV after the 7 o'clock news.

Magwe monks march in support of race protection laws

Posted: 03 Nov 2014 04:27 AM PST

Monks across Burma are pressuring the government to force through legislation controlling interfaith marriage.

The rallying cry is being led by controversial preacher Ashin Wirathu.

Buddhist nationalists in Magwe division are the latest to respond to calls for protests.

Min Aung Hlaing visits Moscow 




Posted: 03 Nov 2014 03:37 AM PST

Commander-in-Chief of the Burmese army, Sen. Gen. Min Aung Hlaing, met Russian military officers at the Moscow airport yesterday, where they discussed technical cooperation, according to the Facebook page of Burma's Defence Ministry.

The Facebook post said that Burma's military chief and his team were on their way to Belarus when they met with Russian military officials—including Alexandra Vasillievich Fomin, the joint chairman of Russia-Burma Military Technological Cooperation—at the Moscow airport. During the meeting they talked about increasing technical cooperation between the Burmese and Russian militaries.

Burmese state-owned media mentioned that Min Aung Hlaing was visiting Belarus after receiving an invitation from the prime minister to discuss issues of shared interest and to learn about Belarusian culture.

Belarus announced independence in 1991 after separating from the Soviet Union and initiated diplomatic relations with Burma in 1999.

Burma and Belarus have been listed as amongst the most repressive countries in the world in annual reports compiled by human rights watchdogs such as Freedom House, which have criticized the two counties for their lack of basic freedoms—particularly freedom of the press.

Govt to confiscate idle industrial zone land 




Posted: 03 Nov 2014 02:52 AM PST

Rangoon's industrial zone management committee announced last week that the divisional government will take back land from owners who have registered more than 4,000 acres in certain specified economic zones in the Rangoon area.

However, a business owner in one Rangoon industrial zone said the government has already made similar announcements three times before without implementing the rules.

"The government has said three times that they would take back non-functioning land, but nothing ever happened because people sent letters of appeal to the relevant parliamentary committees. Many of the letters said, 'This land is the only asset I own and it's the only thing I will have for financial support during retirement'," he said.

The business owner continued, "Most of the idle land is owned by government officials, and that is why any rule that contemplates land seizures will never be enforced. Actually, these lands should have been confiscated around the year 2000."

Instead of running business enterprises on the land, some individuals who purchased land in Rangoon industrial zones during the previous military regime have chosen to wait for prices to rise and then sell their land, he added.

But the announcement said that landowners can only avoid confiscation if they submit business plans for their idle industrial zone lands and then actually start business operations by 1 February.

Currently, land prices in Rangoon are between 300-500 million kyat (US$300,000 – $500,000) per acre.

Suu Kyi writes to Par Gyi’s widow

Posted: 03 Nov 2014 01:28 AM PST

Burma's opposition leader Aung San Suu Kyi has sent a letter of condolence to the widow of Par Gyi, a journalist recently killed by the Burmese military while covering armed conflict in Mon State.

Par Gyi's wife, Ma Thandar, released Suu's Kyi's letter to the media during an alms offering ceremony for the deceased journalist on November 2.

In the letter, Suu Kyi recalled how Par Gyi cooperated with her and other democracy activists during the 1988 uprising.

"My dear daughter Thandar, I am very sorry to hear about ‘my son’ Par Gyi. I remember that he worked with us during the democracy movement ever since he was a student. All of us who endured hardship during that period share our condolences for Par Gyi,” wrote Suu Kyi, adding: “I hope your family obtains justice”.

Par Gyi was a political activist and a member of Aung San Suu Kyi's personal security team during the 1988 uprising. He was also one of the first National League for Democracy Youth members and acted as the group's Karen State coordinator.

After his involvement in the uprising Par Gyi was forced into exile in Thailand and began working as a freelance journalist under the pseudonym "Aung Naing." His wife Ma Thandar spent several weeks looking for her lost husband after he went missing in late September until the military issued a report on 23 October which said the Burmese army killed him due, in part, to his involvement with the Klohtoobaw Karen Organization (KKO), the political wing of an armed group commonly known as the Democratic Karen Benevolent Association (DKBA).

The government continues to describe Par Gyi as "Captain Aung Naing," a communications officer for the KKO. However, Par Gyi's family and friends dispute the Burmese army's claim that he was ever a member of the KKO.

In an interview with DVB, Maj. Saw Lonlon from the DKBA denied that Aung Naing was a captain in the KKO, which does not even have ranks such as "captain" since, he said, it is merely a political group affiliated with the DKBA. Saw Lonlon admitted the DKBA knew Par Gyi, but only because he had previously contacted them to obtain information for his news reports.

"We are often contacted by journalists and usually we show them around, but Aung Naing couldn't film much because there was fighting taking place," said Saw Lonlon.

Ma Thandar and the rest of Par Gyi's family have been demanding justice and want to know why he was detained and murdered by the Burmese army while working as a journalist. The international community has expressed outrage at the incident, including the United States, which has called on Naypyidaw to conduct a transparent investigation into the journalist's death.

Protests condemning the killing have already taken place in several Burmese cities, including Mandalay, Mandalay, Hinthada, Prome and Rangoon. However, the government been reluctant to grant permission for protests related to Par Gyi's death, and has already arrested several individuals for holding demonstrations without a permit.

In Mandalay, an activist was informed by police on 29 October that he was being charged for violating the Peaceful Assembly Act, which prohibits individuals from holding demonstrations without prior approval from the authorities and carries a maximum sentence of six months' imprisonment.

Despite the possibility of being arrested for violating the law, around 200 activists still showed up for the protest in Mandalay to call for an independent inquiry into Par Gyi's death. In Prome, 100 people gathered for a similar protest even though two of the protest organisers are likely to be charged under the Peaceful Assembly Act, according to a report in The Irrawaddy.

This year a rising number of media workers have been arrested and imprisoned, a trend which UN Special Rapporteur Yanghee Lee denounced in her speech to the UN General Assembly which summarized a report she wrote about Burma's human rights situation. During her speech on 28 October, the special envoy expressed concern about reports that "outdated legislation" is still being used to "criminalize and impede the activities of civil society and the media".

Most likely, Lee's concern about government suppression of civil society and the media was a response to Par Gyi's murder and the unusually long prison sentences handed down to media employees and peaceful protesters this year—including five individuals working for a weekly news publication called Unity Journal who were sentenced to tens years' imprisonment in July on grounds of "exposing state secrets."

The disturbing increase in the number of media workers being intimidated, arrested, jailed and killed worldwide prompted around 100 Burmese journalists to hold a candlelight prayer vigil in Rangoon yesterday to mark the first International Day to End Impunity for Crimes against Journalists.

In recent weeks, the Burmese government has taken some steps to respond to growing public anger about Par Gyi's death and the jailing of other Burmese journalists. In particular, on 30 October—just a few days after a large protest was held in Rangoon demanding justice for Par Gyi's murder—the Burmese government issued a press release stating that President Thein Sein's office has ordered the Myanmar National Human Rights Commission to conduct an investigation into his death.

However, the government's press release still referred to Par Gyi as "Captain Aung Naing" of the KKO and has still hasn't provided an explanation of why it took so long to release the report about Par Gyi’s death.

On 21 October, the Myanmar Journalists Network met with Information Minister Ye Htut to discuss their concerns about the rising number of legal actions lodged by the Burmese government against media employees, but it was the first time a government minister met with the journalist association—despite the fact that numerous NGOs have been criticising the government this year for harassing the media and using the law as a tool to stifle the media.

In June, Human Rights Watch said the government was using "intimidation" tactics against local media, and Reporters Without Borders released a statement in July condemning Burma's Special Branch—a police intelligence agency—for harassing the news media on the pretext of conducting financial audits. A Reporters Without Borders statement said that Special Branch officers went to the Myanmar Herald's office on 23 July and detained three of the news journal's editors without any explanation.

For the moment, the Par Gyi case has become a rallying point for Burma's media workers, who have received support from numerous NGOs such as the 88 Generation Peace and Open Society (88GPOS), which released a statement on 24 October strongly condemning the army for summarily executing a civilian, labelling it "a lawless act". The 88GPOS' leader, Mya Aye, said the army is responsible for the murder of Aung Naing and the group will demand justice against the perpetrator(s).

"As soon as we heard news that Ko Par Gyi was missing, we reached out to government officials and stressed that he is entitled to legal rights, and that they cannot just arbitrarily detain him and take him away to unknown places," said Mya Aye.

The 88GPOS leader then added, "We learned from Aung Naing's family that when they first went to look for him [in Kyeikmayaw], the army told them they would be allowed to see him and that he could be released if his family bails him out. But later they backtracked on their promise and began avoiding the family.

"According to the statement released [on 24 October], the army conjured up a far-fetched story about him, claiming that he was shot dead for trying to rob a gun while escaping from detention. But we do not accept that. From a legal point of view, the army has committed a crime and we demand to see effective legal action against the perpetrator(s). We will stage public protests if necessary," said Mya Aye.

The Committee to Protect Journalists' has also weighed in on the Par Gyi case, with the group's Southeast Asia Representative, Shawn Crispin, releasing a statement on 24 October.

"We are gravely concerned by reports that journalist Aung Kyaw Naing has been killed while being held in military custody in Burma. Government authorities must investigate these reports, reveal publicly the circumstances behind his death, and prosecute the perpetrators under the fullest extent of the law," said Crispin.

In early October, Par Gyi was buried by the Burmese army in Karen State without informing his family, but after coming under pressure from Par Gyi's family and civil society the police informed Ma Thanda on Sunday that her husband's body would be exhumed so that Par Gyi's family can see the body and a more thorough forensic investigation can take place.

Farmers Association to buy rainy season paddy

Posted: 03 Nov 2014 01:11 AM PST

The Myanmar Farmers Association (MFA) has pledged to fix a set price for the new harvest, due in early December, at 350,000 kyat (US$350) per 100 baskets* of paddy.

Nearly 16 million acres of rice fields are due to be harvested next month, a seasonal task that marks the end of the rainy season. However, with a glut or excess in the market, farmers worry that prices will drop. The MFA has therefore stepped in to guarantee a reasonable return on the farmers' produce, a representative of the Association told DVB.

"The MFA plans to buy paddy from all farmers at a rate of 350,000 kyat per hundred baskets, and to preserve a percentage as spare rations for the nation," said MFA Chairman Dr Soe Htun.

In addition, the Myanmar Rice Federation and Myanmar Agribusiness Public Corporation will send local representatives to rice farms to moderate and buy billions of kyats worth of paddy, he said.

Soe Htun warned farmers to harvest the paddy systematically and keep it protected from damp, otherwise it would be exempt from purchase.

Burmese journalists call for govt protection

Posted: 02 Nov 2014 11:39 PM PST

Burmese journalists took to the streets in Rangoon on Sunday to mark the UN International Day to End Impunity For Crimes Against Journalists. The demonstration was staged to send a message to the Thein Sein government to take active measures to protect reporters within the country.

About 100 demonstrators gathered in solidarity in front of Rangoon City Hall wearing black wrist bands to protest what they say is an ongoing repression of media freedom in Burma and the continuing arrest of reporters.

Led by the Myanmar Network of Journalists (MNJ), the protestors lit candles and circumambulated Sule Pagoda, praying for the safety of journalists.

Myint Kyaw, general secretary of the MNJ, said that journalists are constantly under threat and often criminalised in Burma. He also noted that despite the proclaimed reformist outlook of the Thein Sein government, it remained mum when two journalists were beaten up in Lashio and the perpetrators got away with it.

MNJ's Shwe Hmong pointed to the cases of journalists from Unity Journal and Bi Mon Te Nay who had been jailed recently for crimes closely associated with news reporting.

However, journalists in Burma are not just victims of the government but also the clusters of armed groups and insurgents within the country. "If they [insurgents] go unpunished for their crimes, violence will continue," said Myint Kyaw.

The outcry against the murder of journalist Par Gyi by the Burmese army last month is still freshly etched in the minds of the media community at home and abroad. An investigation was called by President Thein Sein as the US embassy urged a transparent probe into the journalist's death.

"In the Asia-Pacific last year, a journalist was killed at the rate of one every ten days," said the stated the International Federation of Journalists (IFJ) in a statement to mark the day of action. "Already in 2014, 33 journalists and media workers have lost their lives including 13 killed in Pakistan alone."

Through the social media campaign #whatareyoudoing, journalist communities across Asia aim to hold government leaders and policymakers accountable for crimes against reporters.

To raise awareness about the hostile environment of reporting and the numerous lives lost while reporting true stories from the field, IFJ launched a 22-day "End impunity campaign" on Sunday.

IFJ Asia-Pacific Acting Director, Jane Worthington, said: "This campaign is reminding the world that journalists do matter. They have families who love them, they are mums and dads, ordinary people; all carrying out the important and increasingly dangerous duty to keep society informed. But for every reporter threatened, for every life extinguished, democracy also suffers the ultimate price."