Tuesday, July 5, 2016

Shan Herald Agency for News

Shan Herald Agency for News


Detoxification of Burma Army mindset key to avoid further extra-judicial killings of civilian

Posted: 05 Jul 2016 02:54 AM PDT

The first place to start, to prevent the Burma Army from killing the ethnic population at will is to first detox the mindset of its troops.

In a documentary movie "Burma Soldier", directed by veteran journalist Nic Dunlop in 2010, which could be downloaded and seen in the internet, the enlightened former Burmese soldier, Myo Myint, narrated that the rank and file of the Burma Army were indoctrinated to hate and treated the ethnic population as enemies. The logic is that the ethnic resistance armies existed for the ethnic population supported them. Thus they also must be oppressed, punished and eliminated.

If Maj-Gen Kyaw Kyaw Soe, the vice-commander of Northeast Command really means to make a 180 degree turn from the Burma Army's hate indoctrination, all he has to do is to ask the Commander-in-Chief to employ detoxification program of such inhumane thinking from the mindset of its soldiers. Of course, also coupled with promulgation enforcement law and harsh punishment for perpetrators in committing such extra-judicial killings of innocent civilians.

Only the Burmese military must have real political will and a sense of adhering to universal human rights, as accepted by the international community, not just paying lip-service to democratic principles, protect and serve the elected government of the day.

Khun Htun Oo : National reconciliation impossible without amending constitution

Posted: 05 Jul 2016 02:47 AM PDT

Khun Htun Oo, the Chairman of the Shan Nationalities League for Democracy (SNLD), has said that national reconciliation can only be possible with significant changes being made to Burma's 2008 constitution. Khun Htun Oo, who is also the Chairman of the United Nationalities Alliance (UNA), a grouping of ethnic political parties, made the comments at a meeting of the UNA and the Ethnic Nationalities Affairs Center (ENAC), held in Rangoon on June 30th.



"We will not have peace without amending the 2008 Constitution. Also, we will not be able to aim towards national reconciliation. The important thing is that the 2008 Constitution must be fixed," said Khun Htun Oo, during a speech delivered at the opening of the meeting.

The veteran politician and former political prisoner was responding to remarks made last month by the Lower House  Speaker, U Win Myint of the NLD, indicating that the constitution will only be amended after "internal peace" has been achieved. Khun Htun Oo disagrees with this view and maintains that the constitution needs to be changed first to include democratic standards, in line with the desire of the majority of ethnic people.

"This constitution needs to guarantee the right for self-determination for ethnic people and for the Burmese. Trust must be gained first amongst each other, each group, and each race, in order for all citizens to live peacefully under the rule of law without discriminating who is powerful or weak, or which group is bigger or smaller," Khun Htun Oo added.

Reached for comment, the SNLD's spokesperson Sai Leik explained that the SNLD leader and his party hold the view that the constitution is the main issue in Burma and it must amended. According to Sai Leik, the meeting was held to prepare for the upcoming 21st Century Panglong Conference, which is expected to be held in late August.

"The workshop was held to discuss what kind of federal system is suitable for the future of Burma and how to obtain ethnic rights and equal standards of all ethnic people," said Sai Leik.

The upcoming conference is being organized by the National League for Democracy (NLD) government, and will be closely watched by many ethnic people, as it aims to follow a historic conference convened by Aung San Suu Kyi's father, General Aung San and ethnic leaders in 1947. It remains unclear at this point if representatives from all of Burma's various ethnic armed groups will attend the conference or just those that have signed ceasefire agreements with the central government.  

BY: Shan Herald Agency for News (SHAN)


Power Up Myanmar with Green Energy

Posted: 05 Jul 2016 12:52 AM PDT

Amidst the soaring growth of Myanmar's development, more than 70% of 54 million people in Myanmar are not connected to the national power grid leading this big population to live in darkness. The new government has an ambitious plan to achieve universal electricity access by 2030, either a grid connection or permanent offgrid electricity.
 
Myanmar Government's Commitment to Achieve Universal Electricity
Access by 2030
MGES2016 chart title
MGES2016 chart
 
The 4th edition of Myanmar Green Energy Summit 2016 draws expertise from industry stakeholders comprising of government officials, legal and tax consultants, renewable energy experts and multilateral financing bodies to Yangon to provide an update on the present status of the Myanmar's power sector, and the new directions for business and investment in the Myanmar's green and renewable energy industry. Held in conjunction with the 'Sustainable Energy and Water Resource Management Week', this 2-Day flagship summit will cover the following strategic areas:
Myanmar power outlook and development plan
Investment policies and financing options
Electrification for remote and rural areas
Solar as sustainable energy source for Myanmar
 
Optimising wind energy in Myanmar energy mix
Powering Myanmar through hydropower
Transmission and distribution plans
 
How Will You Benefit From The Summit?
Gain an insight into current and future development plans in Myanmar's energy sectors
Meet face-to-face with high profile governmental policy makers
Identify key opportunities in bankable renewable energy projects in Myanmar
Build business relationships, network and forge partnerships with industry specific stakeholders
Understand the legal requirements in entering into business partnerships and investment
Network with financiers looking for investment opportunities in Myanmar
 
Quick Facts on Myanmar Energy Market
Myanmar has one of the lowest electricity consumption rates in the world at 141 kWh/year
Only 30 percent of the population has an electricity connection
Installed power generation capacity is at 5,029 MW
The government is committed to achieve universal electricity access by 2030
Myanmar is blessed with four months of heavy monsoon and abundant sunshine all year round: Wind, Solar and Hydro energy
Proven reserve: >100GW hydropower, 365TWh/year wind power, 52,000TWh/year solar power

Myanmar’s Hydropower Energy Waiting To Be Explored. Are you in?

Posted: 05 Jul 2016 12:46 AM PDT

Home to the drainage basins of four large rivers; the Ayeyarwaddy, Chindwin, Thanlwin, and Sittaung, Myanmar is blessed with its abundant hydropower resource. The country's power supply relies heavily on hydropower that currently contributing close to 69% of its total installed capacity. Hydropower is also one of the key sectors that lure foreign direct investments, with $8.2 billion being funnelled into the country within 2010 and 2011. The Ministry of Electricity and Energy is in plans of implementing a large number of hydropower projects due to the sky rocket demand of power supply throughout the country.
 
Figure 1-4: Major Rivers & Existing Major Hydropower Schemes in the Union of Myanmar
Figure 1-4
Figure Table
(source: Myanmar Energy Master Plan 2016)
 
Quick Facts on Hydropower in Myanmar
World Bank reported that Myanmar has more than 100 GW of recognised theoretical potential, 46 GW of feasible potential has been identified for possible development and a number of 43 dams are under construction or planning.
The annual inflow of water resources is 1,081.3 cubic kilometres (km3) and current percentage of annual usage of water cultivation is 6%.
Ministry of Electricity and Energy will build an additional of 13 hydropower plants up to 2020 with a total capacity of 2,572 MW. Local enterprises will develop 9 hydropower plants with a total capacity of 580 MW. Joint ventures with foreign investors are planned for the development of 44 hydropower projects totalling 42,150 MW.
At present, the Electricity Supply Enterprise has 32 small and medium hydropower stations – generally ranging between 1 MW and 10 MW in capacity- all of which have been built by the government outside the Grid system supplying electricity to the rural areas.

Scholar: Why Burma won’t allow Shan secession

Posted: 05 Jul 2016 12:38 AM PDT

The reader may have several answers, most of which we all have already either read or heard, especially that Shan State is rich in natural resources which is true, but means little compared to Burma's geopolitical concerns. So says Josef Silverstein, Professor Emeritus, Rutgers University, in his 15 page Politicsin the Shan State: The Question of Secession from the Union of Burma (1958).

The 4th of July may be Independence Day to the Americans. But to the people of Burma, it is the 4thof January. And on that day in 1958, "the constitutional limitation on the right of a state to secede from the Union" came to an end.
The 1947 constitution had laid down 4 conditions in the implementation of the Right of Secession in Chapter 10:

1.       Ten years must elapse before the right can be exercised
2.       To implement it, two thirds of the State Council must approve a resolution to secede
3.       The Head of State must notify the Union President of the vote, and the latter must order a plebiscite held in the state under a commission appointed by himself which is composed of an equal number of members from the Union and the state

4. Only states which are not excluded from using the right may exercise the privilege

"In spite of the broad language of the Constitution, only two states the Shan and Kayah are eligible to secede. Two othersthe Kachin and Karenare explicitly denied the right, while the remaining two statesthe Special Chin Division and Burma properare usually considered outside of the discussion because the former is in many ways the appendage of the latter and Burma proper is the nucleus around which all the others cluster. Even though a whole chapter in the Constitution is devoted to describing the conditions which must be fulfilled before a state can withdraw from the Union, in effect, it is applicable only to one of the eligible statesthe Shan State. It alone contains a powerful and articulate minority which is seriously considering the question of secession," according to Silverstein.  (See the Secession Issue: To Part or Together, Panglong.org, 14 June 2016)

 But granted that the Shan State plebiscite decided to set up its own independent nation, where would it go? "The answer seems quite clear if one examines a map of the area," says the author. "Because it is landlocked and has no major navigable river to link it to the sea, the state either would have to unify or ally with China, Thailand, or join with another landlocked areaLaos."

Among the three, "there seems to be no political or economic reasonhistoric or currentto warrant the creation of a Laos-Shan union." (The author may not be aware of a Laotian resistance movement, Pathet Lao, led by Prince Souphanouvong, that had taken refuge in Kengtung, adjacent Laos, before 1962.)

With the other two countries, the situation is different:
"In military terms, it (a merger) would bring China or Thailand into the heartland of the Union, and it would create such an exposed border that defense of Burma would be nearly impossible."

The result was the following excerpt from Prime Minister U Nu's speech, delivered on 27 April 1957 in Lashio:

"…the reason that the United States today is the strongest and most influential nation in the world is due to the fact that Abraham Lincoln prevented the southern States from seceding and thus consolidated the whole country. If only we are united our future is indeed bright. Therefore, it is my constant prayer that this remarkable episode from American history may serve as a very valuable lesson for all of us."

The speech was dubbed "a declaration of war" by many Shan students and politicians.

The author concludes his paper this way:

"In the end, the right must be viewed in two ways: constitutionally, it is exercisable, politically, it is not. So long as the state has the right in reserve, it will continue to give the people a feeling of having a potential choice of either remaining in or leaving the Union. If it attempts to exercise the right it may provoke the Union to act as Lincoln acted, even though the Union of Burma's Constitution includes the right of secession, while that of the United States does not."

Regrettably, Silverstein didn't have anything to say about how the war could be avoided by applying one of the age-old Shan saying: Neither let the lotus blemished or the water turbid (Mo Ya Hai Zam, Nam Ya Hai Khun)
But if he had any advice, it was already too late.

On 21 May 1958, following the Shan State Council's failure to take a vote (according to still living sources, the Council was warned not to) on the question whether or not to exercise the right of secession, the first Shan armed resistance movement, Noom Seuk Harn, was formed.

‘This will not happen again’- army commander says of Lashio murders

Posted: 05 Jul 2016 03:06 AM PDT

Maj-Gen Kyaw Kyaw Soe, the vice-commander of Northeast Command based in Lashio Township, has told families of last week's murder victims from Mong Yaw that "This kind of incident will not happen again."

A funeral service was held on Saturday for five victims in a monastery in Mong Yaw.
According to the wife of Sai Zei, one of the seven persons killed, the Burmese army major-general visited her and her children on Sunday.

"The vice-commander visited Mong Yaw on Sunday and donated 300,000 kyat [US$250] to each victim's family," she said. "He stated that this payment was not compensation, but was being handed over to express sympathy."

She said that she and other victims' families are pleading for public assistance.
"We are just simple villagers and don't know how to proceed with this case. We are asking for help," she said.

Five of the slain villagers had reportedly been arrested by a unit of Burmese government forces on June 25. Eyewitnesses to the incident claim the government soldiers displayed insignia indicating they were from Northeast Command's Division 33. The soldiers reportedly opened fire on villagers while they were working in a cornfield. Five men were then rounded up and interrogated, accused of being rebels or rebel supporters, sources said. The five men were then herded into a truck and driven away. They were not seen again until their bodies were uncovered from shallow gravesnear a Burmese army encampment on June 29.

Two other locals were reportedly killed when soldiers shot at them for running through a makeshift army checkpoint on their motorcycle.
On Monday, the parents of two of the dead appealed to local authorities to investigate the case, according to Sai Wan Leng Kham, an Upper House MP from the Shan Nationalities League for Democracy.

News of the killings has prompted some response from international Burma watchers.

Mark Farmaner, the director of Burma Campaign UK, said, "The killing of these civilians by the Burmese army is a war crime and should not be ignored by the international community or the NLD-led government."

With regard to the new government's approach to atrocities committed during the civil conflict, Farmaner said, "Aung San Suu Kyi's current approach seems to be to talk about peace, but not mention the war. When people raise human rights violations she says people need to focus on the future, not the past. But for ethnic people, human rights violations are not just a thing of the past, they are continuing.

"Aung San Suu Kyi might not have political control over the Burmese army, but she has moral authority and the power to mobilize public opinion, which could influence the Burmese army to stop killings like this."

David Mathieson, the senior researcher at the Asia Division of Human Rights Watch (HRW), told Shan Herald that HRW was looking into the case and trying to verify it.

"It's gruesomely consistent with the patterns of violations being reported out of Shan State, where a multi-sided and decidedly murky conflict has escalated in recent years, displacing thousands of civilians," he said, adding that his group had received "credible reports of a range of abuses including extrajudicial killings, torture, forced labor and forced recruitment, and indiscriminate air strikes" from the Shan region.

BY: Shan Herald Agency for News (SHAN)

SSPP/SSA asks President Htin Kyaw to release detainees

Posted: 04 Jul 2016 10:05 PM PDT

The Shan State Progress Party/Shan State Army (SSPP/SSA) has sent President U Htin Kyaw and other senior government officials a letter calling for the release of civilians who have been detained by the Burma Army for their association with the group. The SSPP/SSA has also requested that a number of their troops, who were also detained by the army over the past few months, be released as well.
General Pang Fa, the Chairman of the Shan State Progress Party/Shan State Army (SSPP/SSA).
 Col Sai Aung, an official stationed at the SSPP/SSA's Wan Hai headquarters, said that in addition to President U Htin Kyaw, the letter calling for the release of the detained soldiers and civilians had also been sent to the armed forces Commander-in-Chief Sen Gen Min Aung Hlaing, State Counselor Daw Aung San Suu Kyi, North Eastern Command head Maj Gen Phone Myat, Vice Sen Gen Yar Pyae and Shan Nationalities League for Democracy (SNLD) Chairman U Khun Htun Oo.

"As they have detained our people, this affects peace because we have already signed the state-level and union-level ceasefires but they don't recognize us as a peace group. They keep detaining our men," explained Col Sai Aung. His group did not however sign last year's National Ceasefire Agreement (NCA).

In their letter, the SSPP/SSA stated that they are saddened that these kinds of incidents have continued to take place as the country has been moving towards a nationwide ceasefire, national reconciliation and peace. The group has requested that the president release the both their troops and the civilians in the interests of national reconciliation.

"We sent a letter to the Ya Ma Kha (North Easter Command)'s commander Maj Gen Phone Myat on May 13th to release the detained men. He told us not to worry about our men as they were being treated well and held in a secure place. But they have been electroshocked and hit with rifle butts. Their arms were tied up behind their backs and they were interrogated thrice a day for 14 days straight. They were hit at least five times during each interrogation," said an official from the SSPP/SSA.

The Burma Army detained one SSPP/SSA soldier in November 2015. In March of this year 20 SSPP/SSA soldiers were arrested by the army. On May 31st 8 civilians were detained by the army. The total number of people detained in connection with the SSPP/SSA appears to be 31.

On January 21st the SSPP/SSA released a number of Burma army personal who had been detained during clashes with the Burma Army. The list of released Burma army soldiers includes one colonel, two warrant officers, one sergeant, two corporals, one lance corporal and two privates. Although the SSPP/SSA said that they released the detainees in the spirit of national reconciliation and peace, the Burma Army has yet to reciprocate.

BY: Shan Herald Agency for News (SHAN)


Panglong Agreement still casts a long shadow on national reconciliation deliberation

Posted: 04 Jul 2016 08:11 AM PDT

During these few days Aung San Suu Kyi's initiated 21 Century Panglong Conference (21CPC) has gained momentum, as could be seen by her peace chief negotiator Dr Tin Myo Win's meeting with the United Nationalities Federal Council (UNFC) leadership in Chiang Mai on 3 June, followed by the latter's team visit to Yangon , headed by Khu Oo Reh, reportedly said to have asked for a clear position of the government on certain issues and working out the details for the UNFC boss General N'Ban La to meet her.

Meanwhile, Suu Kyi has met the 8 Ethnic Armed Organizations (EAOs) that have signed the Nationwide Ceasefire Agreement (NCA) and sent a clear message that she and her party has no hidden agenda in trying to install a federal system of government that would lead to national reconciliation.

Commander-in-Chief Min Aung Hlaing meeting with the 8 EAOs that followed was also said to be cordial, although he seemed to put the blame on the non-signatory EAOs or UNFC for failing to agree to ink the NCA, aside from dodging the question of 3 excluded EAOs, Myanmar National Democratic Alliance Army (MNDAA) or Kokang, Ta'ang National Liberation Army (TNLA) and Arakan Army (AA), that he insisted must first surrender to be able to participate in the peace process.

Let us ponder on this good will message of Suu Kyi, while trying to read the message of  Min Aung Hlaing, whether they are conducive in creating an atmosphere to the peace process.

Furthermore, statement of other players like Khu Oo Reh, Hkun Htun Oo , U Aye Thar Aung and Sao Hkun Hseng will be touched on, to reflect the contemporary political development of Panglong-like conference scheduled to be held soon, which is dubbed as the 21 Century Panglong Conference (21CPC) by Suu Kyi.

Aung San Suu Kyi

State Counsellor Aung San Suu Kyi and the leaders of the Peace Process Steering Team (PPST) , made up of 8 EAOs that signed the NCA, held a meeting at the Horizon Lake View Hotel in Naypyitaw, on June 28, and decided to hold the Union Peace Conference (UPC) also known as the 21CPC by August.

She said: "We are happy to be able to meet (each other). This is our first meeting and very important to have a good start, so that the ending phase would be also secured. To have a good start, we all need to have a sense of cooperation so that it could be successful. I trust that we have this kind of spirit. Our government has a very simple ambition, without hidden agenda. We only aim to build a federal union where all our citizens could live happily in prosperity. I would like to invite all to help realize this aim."

Other than that she talked about the importance of committed political will and that she understood the worries of the ethnic nationalities, which is connected to the transitional change. But pointed out that these worries could be overcome, if there is trust, for trust could negate worries.

She went on to say that all valuable things are not easily achieved and called for cooperation to make the formation of federal union happens. She particularly stressed that 70 years of civil strife is far too long and that all must leave a legacy of peace for the generation to come, by making it happen through the culture of "give" rather than "take".

Min Aung Hlaing

Following the meeting with Suu Kyi, the PPST met with Commander-in- Chief Min Aung Hlaing on the same day, at 2 pm Bayintnaung Parlour, in Naypyitaw.

Present at the meeting were Deputy Commander-in-Chief of Defence Services Commander-in- Chief (Army) Vice-Senior General Soe Win, senior military officers of the Office of the Commander-in-Chief (Army), members of the PPST—Chairman of Karen National Union (KNU) Saw Mutu Sae Poe, Sao Pong Khur of Restoration Council of Shan State/Shan State Army (RCSS/SSA), Patron Khun Okker of Pa-O National Liberation Organization (PNLO), Chairman of Chin National Front (CNF) Pu Zing Cung, Vice Chairman of Arakan Liberation Party (ALP) Khine Soe Naing Aung, Naw Kapaw Htoo of Karen National Liberation Army (Peace Council) KNU/KNLA, Chairman U Than Khe of All Burma Students' Democratic Front (ABSDF), Saw Mo Shae of Democratic Karen Buddhist Army (DKBA) and delegation members.

According to Min Aung Hlaing's Facebook and recent report of Myawady News, the military mouthpiece, he said that all parities concerned, both NCA signatories and the majority non-signatory EAOs should cooperate according to "the Union spirit" or "Myanmar spirit" without holding on to "dogmatism," only then "victory" will   be achieved peacefully and speedily.

Among others, he stressed:
His thankfulness of the 8 EAOs for their constructive cooperation in signing the NCA;
The need for all EAOs (signatory and non-signatory) to work in unity towards peace;
The importance of responsibility, accountability and sense of duty to the country;
The invitation for the non-signatory EAOs to sign the NCA;
The UPC or 21CPC participation of the non-signatory EAOs rest on the wishes of government, respective parliaments, political parties, ethnic nationalities' consideration, and not just on the military alone;
The non-signatory EAOs should have confidence, work through the political process and refrain from expanding territories,  building strongholds and expanding their forces out of concern; and that
The military honestly, absolutely did not want to fight between national brethren, but it has to protect the respective administrative mechanisms, and lives and property of people from threats and dangers.

However, the question of the excluded 3 EAOs – MNDAA, TNLA and AA – that have been delivering running battles with the military, participation in the peace process remains unresolved, as the Commander-in-Chief would not take a concrete stand on it. He has on a lot of occasions insisted that the the 3 EAOs have to surrender first, before they could be part of the peace process.

United Nationalities Alliance Meeting

The United Nationalities Alliance (UNA), which is made up of 12 ethnic political parties, including the Shan Nationalities League for Democracy, the Mon National Party, Kayan National Party, Kayin National Party, Rakhine National Party, Shan State Kokang Democratic Party, Zomi Democracy Federation, Kachin National Democracy Congress Party, Khume (Khami) National Party, Rakhine Patriotic Party, Mro National Democracy Party and Danu Nationalities Democracy Party, met from 30 June to 2 July to prepare for the 21CPC. The gathering was also attended by Naw Zippora Sein, Vice-Chairwoman of Karen National Union (KNU) and Sao Hser Hten, patron of the Shan State Progress party/Shan State Army (SSPP/SSA), which is titled "Drafting Key Principles and Characteristics for Federal Union of Burma/Myanmar".

According to RFA video report of 2 July, U Aye Thar Aung of Arakan national Party (ANP), who is also the Deputy Speaker of upper house or Amyotha Hluttaw, said that in order the 21CPC to be successful, it would need to adhere to the principles of tripartite dialogue; sticking to the 1947 Panglong Agreement; and implement all-inclusiveness regarding the EAOs.

Firstly, he explained that tripartite dialogue composition should include:
1. EAOs, Ethnic political parties and ethnic leaders;
2. Political parties and democratic forces;
3. Government, the military (Tatmadaw) and the parliament.

Secondly, the 21CPC must take into account  the treaty of 1947 Panglong Agreement. They are:

1. Equal, voluntary cooperation or fusion of the ethnic states;
2. Rights of self-determination and self-governance; and
3. Rights of secession, when the particular ethnic group so desired.

Hkun Htun Oo, Chairperson of the UNA also said during the gathering that 21CPC would only be successful if the 8 constituent units is applied and not 14 units, as preferred by the military,  many Bamar politicians and perhaps quite a number of Bamar political parties. He stressed that there could be no check and balance in 14 units configuration, as the Bamar will be holding the majority vote as owner of the 7 Divisions or Regions, as they are now renamed.

In addition, Naw Zippora Sein said: " From the part of ethnic nationalities, I see that we need preparations regarding the type and facts on federal union formation, so that when attending political discussions or negotiations the EAOs and ethnic political parties could come out with one voice, as our aspirations are one and the same."

She said the result from the meeting should be tabled before the public (and discuss), so that they will be involved, which is crucial.

Dr Manam Tu Ja of the Kachin State Democracy Party also told the media that the meeting tried to adjust on the issues of "the three parliaments, central (union) government, state governments and self-administrative zones; union constitution and state constitution; power-sharing between the union and state governments; overlapping powers of federal (union) and state governments; and                 residual power of the state governments" among the ethnic political parties that were preparing   a common draft. He said they were able to bridge the differing views of the issues.

Khu Oo Reh

Head of the Delegate for Political Negotiation (DPN) and general secretary of the UNFC confirmed that a meeting would take place with State Counsellor Aung San Suu Kyi in mid-July. The agreement was reached during a meeting between the UNFC and the government's team led by Dr. Tin Myo Win at an office of the National Reconciliation and Peace Center (NRPC) in Rangoon on  1 July. It was said UNFC leaders including its chairman N' Ban La would be attending the meeting.

He, however, said, "It is not time yet to answer whether we will attend it [the Union Peace Conference]. We still have procedures which must be followed, including the Mai Ja Yang summit. We can only decide how we will participate after the summit. We have to find an answer in Mai Ja Yang."

The UNFC members and other armed groups – that have signed NCA including non-UNFC armed groups - are planning to meet in Mai Ja Yang, Kachin State later this month to discuss on how to go about the Union Peace Conference or 21CPC, slated to be held in August.

The UNFC, which is made up of nine ethnic armed groups, did not sign the last year's nationwide ceasefire agreement, while 8 armed groups signed the pact with the ex-president Thein Sein's quasi-civilian government.

Sao Hkun Hseng

Regarding the 21CPC, what Sao Hkun Hseng, Vice-Chairman of the SSPP/SSA told the DVB on 22 June video interview is particularly noteworthy.
He said: " By using the word Panglong, the question arises whether the 1947 Panglong Agreement, signed on 12 February, is being accepted. It must be made clear it this is the case and if not the government should explain and make it clear its reason to all, including the ethnic armed movements, which all are eager to hear."

He stressed that the 9 point Panglong Agreement has to be included and the 1947 Union of Burma Constitution also has to be accepted. As the Charter of the United Nations is unchangeable, the Panglong treaty or agreement could not also be changed.

He criticized the lower house or Pyithuhluttaw Speaker U Win Myint  for wanting to first tackle the national reconciliation, before going for constitutional amendment. He said that it is like putting the cart before the horse, for the country's political strife is due to the unfair and inadequate constitution, which has led to the ongoing ethnic conflict, and has to be addressed first.
He urged that the government to declare unilateral ceasefire and all the EAOs would definitely follow suit, further elaborating that the exclusion of the 3 EAOs – MNDAA, TNLA and AA – and asking them to surrender is uncalled for and should be allowed to participate, to show equality.

Analysis

Looking at the political development of these few days, one could pin point a couple of areas that need emphasizing.

Firstly, it is the usage of the "Panglong" by Aung San Suu Kyi, without explaining in depth on how she and her party would like to go about in instilling a national reconciliation atmosphere.

Panglong Agreement is connected to 1947 Union of Burma Constitution and they in turn spelled out the federal system of government, although not flawless at that time, that was supposed to be vested with equality, rights of self-determination and democracy.

The ethnic nationalities tried to correct the constitutional flaw of 1947, with the Federal Amendment Proposal drawn by all ethnic nationalities in unison in 1961, in Taunggyi, Shan State.

The major flaws were inadequate power-sharing and resources-sharing and the proposal seeks to make Bamar ethnic group to be on a par with the other ethnicities, which was usurping the union government power and ruling over the whole country, without having its own state like the others. This trend continue starting from 1962 military coup until today.

Suu Kyi and NLD have no blueprint, or keeping it secret, on how to go about this constitutional crisis, other than than just a vague commitment of going to form a federal union. As such, the ethnic nationalities are at lost on how she and her party is positioned on the crucial power-sharing and resources-sharing issues. Hkun Htun Oo even bemoaned recently during the ethnic political parties' meeting that it was frustrating not to know where the NLD stood, regarding the constitutional amendment position, which would be a waste of time in preparing without detailed knowledge of the government's party position for the upcoming conference, from the part of the ethnic nationalities.

It is all the more becoming a guessing game as the military now also said that it is for a federal form of government, which it has all along equate it with secession, without elaborating how it envisioned the system should look like.
The standard answer from both the NLD and the military camp is that all stakeholders would come around, discuss and make a decision together on how a chosen federal system would look like.

But it is not enough for the ethnic nationalities, as most are inclined to stick to the Panglong Agreement, 1947 Union of Burma Constitution and the 1961 Federal Amendment Proposal as their outgoing point to work out a federal constitution with the Bamar political class and as well, the military.

While it is clear that the military wants a Bamar-dominated unitary system with some devolution of power for the ethnic states, the NLD position is not clear, as it has no blueprint, never make it known or spelled out its party position.

It should be noted that in a matured democracy, a major party of NLD stature needs to have position paper on such crucial issue like constitutional amendment not just wishy-washy. Even if the NLD regime could argue that it has to be broad-minded and allow all stakeholders express their positions first before embarking on a political system, as a party it still must have a program. There is absolutely no excuse on this and should develop its party position, including making it known to the public. Otherwise, it won't be worthy or appropriate to be taken as a nationwide, democratic party that it is striving to portray.

Secondly, the UNA, even if it has not yet finished its position paper, has already spelled out on some crucial points as U Aye Thar Aung and Hkun Htun Oo have made it known, during the ethnic political parties gathering.

They have touched on the issues of how the 21CPC should be equally represented, the inclusion of the 1947 Panglong Agreement's commitments, 8 constituent units versus 14 units and even the rights of secession.

As the national reconciliation deliberations unfold, the question of NLD's clear-cut position on nation-building process becomes more important than ever. And it is now clear that Aung San Suu Kyi and NLD could not dodge this issue by simply saying, "we will all decide on what kind of political system we prefer". As a national party it has to come up with a clear vision and not shy or afraid to spell it out. But this is not to say that the NLD suggestions would be heeded and accepted without question. Of course, all stakeholders will be involved in the negotiation and decision-making.

Finally, as the ethnic nationalities have made their point clear on what they expect from the forthcoming Panglong-like convention in building a federal union, the NLD and Aung San Suu Kyi also should do likewise and make their point of view known to the public.


Monday, July 4, 2016

The Irrawaddy Magazine

The Irrawaddy Magazine


Amid Military Tensions, KNU Official Resigns From Ceasefire Monitoring Committee

Posted: 04 Jul 2016 07:07 AM PDT

KNLA soldiers on the Salween River, heading to frontline areas in northern Karen State. (Photo: Saw Yan Naing / The Irrawaddy)  

KNLA soldiers on the Salween River, heading to frontline areas in northern Karen State. (Photo: Saw Yan Naing / The Irrawaddy)  

Tensions arose between soldiers from the Burma Army and the Karen National Liberation Army (KNLA) over a military checkpoint dispute, leading to the resignation of an ethnic Karen official who serves on a ceasefire monitoring body.

Col Saw Mu Ker, an official with the Karen National Union (KNU) and the vice-chairman of the state-level Joint Monitoring Committee (JMC)—a group which monitors the implementation of Burma's 2015 nationwide ceasefire agreement (NCA)—has resigned his post after the committee failed to address a dispute over a KNLA-controlled tax collection checkpoint in the Htee Khee area of southern Burma's Tenasserim Division.

The KNU is the political wing of the KNLA and one of eight non-state ethnic armed organizations that signed last year's NCA with the former government.

The argument was reported after a tactical commander from the army's military operations command ordered KNLA soldiers to shut down the checkpoint within three days in late June—an order which the KNLA ignored up to this point.

In his resignation letter last week, Col Saw Mu Ker said he would leave his post because the JMC had not taken action to resolve the disagreement which had upset his fellow soldiers.  The colonel belongs to KNLA Brigade 4, which is based in Tenasserim Division.

He said that it was more appropriate to look after his soldiers that to serve on the JMC, as there was no reason to cooperate with the committee if they could not handle disputes as they arose.

The post Amid Military Tensions, KNU Official Resigns From Ceasefire Monitoring Committee appeared first on The Irrawaddy.

After Protests, State Government to Use Only ‘Arakanese Race’

Posted: 04 Jul 2016 07:01 AM PDT

Arakanese Buddhists march through the Arakan State capital Sittwe on Sunday, protesting new government terminology for Buddhists and Muslims in the state. (Photo: Marayu / Facebook)

Arakanese Buddhists march through the Arakan State capital Sittwe on Sunday, protesting new government terminology for Buddhists and Muslims in the state. (Photo: Marayu / Facebook)

RANGOON — The Arakan State government has bowed to the demands of Arakan nationalist groups by issuing a statement on Monday that it would refer to the Buddhist majority as the "Arakanese Race," instead of "the Buddhist community in Arakan State."

However, the state government was silent over the designation of the largely stateless Rohingya Muslim minority, prompting frustration among Arakanese politicians and civil society leaders, who insist they be called "Bengali," to imply they are illegal migrants who do not belong in Arakan State.

On Sunday, in 15 out of 17 townships in Arakan State, thousands of Buddhist residents conducted protest marches against new and supposedly "neutral" government terminology for Buddhist and Muslim communities in the state.

At a session of the United Nations (UN) Human Rights Council in Geneva, Switzerland, Burma's representative Thet Thinzar Htun requested that the term "Muslim community in Arakan State" be used instead of the contentious terms "Rohingya" or "Bengali," so as to foster "harmony" and "mutual trust" between the Buddhist and Muslim communities.

The following week, while UN human rights envoy Yanghee Lee visited Arakan State, the Ministry of Information instructed state-owned publications to use the terms "the Muslim Community in Arakan State" and "the Buddhist Community in Arakan State."

On Sunday, banners and chants urged the National League for Democracy (NLD) government to stop using both terms, and included slogans such as, "Arakan State belongs to the Arakanese," "Bengalis must be called Bengalis," and "be afraid of the native Arakanese."

Arakan State government spokesman Min Aung said they would use the term "Arakanese Race" because it was the "will of the Arakanese community."

Although Monday's official statement was silent on the designation of Muslims, Min Aung added that the state government would "respect the public's voice and use the term 'Bengali,' in accordance with their demand," to refer to the Rohingya.

However, Min Aung refused to confirm whether the state government would officially announce a policy of using "Bengali," referring to it as a "separate issue." He suggested that The Irrawaddy was asking "leading questions" on the matter.

Min Aung also said that Monday's statement was issued on behalf of the state government alone, and does not reflect the position of the Union government.

Pe Than, a lawmaker in the Lower House of the Union Parliament for the Arakan National Party (ANP), which represents the Buddhist majority in the state, criticized the state government's statement for ignoring the "core Arakanese demand" that the government abandon the term "Muslim community in Arakan State"—which implies, unacceptably in his view, that the Rohingya belong to Arakan State.

Pe Than also suspected that the statement, with its conspicuous omission, may have been issued on the instructions of the Union government.

Both the Union and Arakan State governments are controlled by the NLD, even though the ANP won the largest plurality of seats in the Arakan State parliament. The ANP have been excluded from a high level committee on Arakan State led by Aung San Suu Kyi, further exacerbating tensions between the NLD and the ANP.

"The main problem is how they will designate the terms. What we want is a decisive stand from the government, similar to the previous government," said Pe Than.

Pe Than added that the issue should be resolved by the Ministry of Information and was not the responsibility of the Arakan State government, particularly given that the term "Muslim community in Arakan State" was aired at the UN Human Rights Council in Geneva.

Pe Than admitted that he and other ANP lawmakers had been briefed by Suu Kyi in Napyidaw in March about the new NLD government's intentions to deploy new terms for Buddhist and Muslim communities in Arakan State. However, they had not expected them to be floated first at the UN.

The ANP lawmaker suggested that that "Muslim migrants in Arakan State" might be an acceptable term for the Rohingya, since it denoted origins outside of the state.

Pe Than went on to say, "We don't care about too much about the exact words, which may one day disappear. What we care most about is whether the government will issue [citizenship documentation] to people in line with the 1982 Citizenship Law."

The 1982 Citizenship Law—draw up under military dictator Ne Win—renders most Rohingya stateless, since they are not included among a list of 135 "official" ethnic groups, and many do not have the documentation to prove family residency over three generations.

The Irrawaddy phoned President's Office spokesperson Zaw Htay on Monday but he declined to answer questions, directing the reporter back to the Arakan State government's statement.

Wai Hun Aung, a social activist with the Wunlark Development Foundation, said, "It doesn't matter who issued the statement [the state or union government]. The main point is that [the Rohingya] be called Bengali."

He assumed that the statement was sincere in its attempt to assuage the concerns of the Buddhist Arakanese, but he declared it "totally irrelevant" to the "people's demand": that ''Bengalis be called just Bengalis."

Wai Hun Aung himself suspected that the Union government in Naypyidaw directed the statement, because the Arakan State Chief Minister Nyi Pu (an NLD appointee) and some state level ministers have been away from the capital Sittwe.

The post After Protests, State Government to Use Only 'Arakanese Race' appeared first on The Irrawaddy.

Jade Sales Drop Significantly at Govt Emporium

Posted: 04 Jul 2016 05:47 AM PDT

Foreign traders inspect raw jade at the government's Gem Emporium in Naypyidaw, which is being held from June 24 to July 6. (Photo: Htet Naing Zaw / The Irrawaddy).

Foreign traders inspect raw jade at the government's Gem Emporium in Naypyidaw, which is being held from June 24 to July 6. (Photo: Htet Naing Zaw / The Irrawaddy).

RANGOON — Sales of raw jade at the government-run biannual Gems Emporium in Naypyidaw have been markedly lower than in previous years.

Organizers have pointed to slowing Chinese demand as well as a government policy to limit sales of raw jade as a means of boosting value-added jade processing in Burma.

Previously, Chinese traders would flock to Burma to purchase raw jade and re-sell it to processing outfits in China, who would make large profits producing jade bracelets and other ornaments to feed the vast demand in China, where jade is prized as auspicious.

The Myanmar Gems Enterprise, which operates under the Ministry of Natural Resources and Environmental Conservation, has been staging the emporium for local and foreign buyers from June 24 to July 6 in Burma's capital city Naypyidaw.

Most foreign buyers have been coming in from Mainland China, Hong Kong, Taiwan and Thailand.

Six thousand lots of raw jade have been laid out for purchase—significantly lower than the 9,000 lots displayed in the previous emporium in December, an official from the Myanmar Gems Enterprise said.

This reduction reflects the government's intention to cap raw jade sales, but buyers have also shown a reduced appetite.

Min Thu, director of the Myanmar Gems Enterprise, spoke to The Irrawaddy on Monday. "It is only two days till the end of the emporium, but total sales have reached only 427 million euros (US$475 million)," he said, with 3,880 lots purchased so far.

At December's emporium, sales generated around 900 million euros ($1 billion), according to the Myanmar Gems Enterprise.

"The revenues are obviously lower than last year. The record was in 2014," Min Thu said.

In July that year, the government and private enterprises sold around 2.6 billion euros ($2.9 billion) in jade to foreign traders, up from about 2 billion euros ($2.2 billion) in 2013, according to the (now defunct) Ministry of Mines.

Phyo Wai, a jade trader in Mandalay—where large quantities of Burma's jade are also purchased—told The Irrawaddy: "Traders here have nothing to do because the market is cooling down. Very few jade lots come to the market. Many of our main customers from China have also stopped coming here."

"Even though we're sending processed jade accessories to Ruili [on the Chinese side of the border from Muse in northern Shan State], the market is really cooling. We can't make it. This is not a good time for us," Phyo Wai said.

Jade traders in Mandalay and Rangoon have primarily blamed the cooling of the jade market on uncertainty linked to the transition of political power in Burma this year, as well as a change in China's economic policy under President Xi Jinping.

But also significant are attempts by the government to regulate and limit sales of raw jade. Last year, under the previous government, the Myanmar Gems Enterprise enacted regulations requiring foreign traders to demonstrate a minimum balance of 50,000 euros ($55,600) for every one million euros ($1 million) pledged.

The policy was created after several foreign buyers defaulted on enormous bids. Successful bids are usually paid off in monthly installments, but many buyers were falling behind on their debts.

The post Jade Sales Drop Significantly at Govt Emporium appeared first on The Irrawaddy.

Tensions Heighten Between KIA and Burma Army Amid Rangoon Peace Talks 

Posted: 04 Jul 2016 04:57 AM PDT

Kachin Independence Army (KIA) soldiers near Laiza. (Photo: Hein Htet / The Irrawaddy)

Kachin Independence Army (KIA) soldiers near Laiza. (Photo: Hein Htet / The Irrawaddy)

Tensions remain high after fighting broke out over the weekend between the Kachin Independence Army (KIA) and the Burma Army in Laiza—the KIA headquarters—amid ongoing peace talks in Rangoon.

According to local sources, bombs hit the Burma Army on July 1 at Nan San Yang village in Winemaw Township and members of the army were wounded.

Later, a Burma Army battalion allegedly shot artillery fire at the KIA headquarters in Laiza.

"They shot their 81mm mortar at us five times," said Lt-Col Naw Bu, a spokesperson for the KIA, adding, "There are ongoing peace talks [in Rangoon], so we would not let our members attack them."

"No one was wounded from our side," he said, adding that although the Burma Army suffered losses, the KIA would not make a public statement about the extent of the casualties because it did not want to trigger more fighting.

Burma's Ministry of Defense reported on July 2 that the Burma Army had accused the KIA of detonating remote controlled landmines while two government battalions rotated and resupplied rations.

"The fighting broke out at about 8 a.m. local time," said a defense ministry statement. "Six landmines blew up and soldiers were wounded, but the KIA withdrew their troops after the army fought back."

"Tensions are high," said Naw Bu, adding, "They are preparing their armed forces for another fight and we are closely observing their troop movements."

The post Tensions Heighten Between KIA and Burma Army Amid Rangoon Peace Talks  appeared first on The Irrawaddy.

Thousands Protest in Arakan State Against New Label for Rohingya

Posted: 03 Jul 2016 10:38 PM PDT

Sittwe residents protest on Sunday against the government's new term

Sittwe residents protest on Sunday against the government's new term "Muslim community in Arakan State" referring to the Rohingya, whom they insist be called "Bengali." (Photo: Marayu)

RANGOON — Thousands of Buddhist residents of Arakan State took to the streets on Sunday to protest against the government's new term for those who self-identify as Rohingya, the largely stateless Muslim minority in Arakan State.

The protests took place in 15 out of 17 townships of Arakan State. A delay in requesting permission from authorities prevented demonstrations from going ahead in Rathedaung and Gwa townships.

The demonstrations were sparked by a request made by Burma's representative to the United Nations (UN) Human Rights Council on June 17: that the term "Muslim community in Arakan State" should be used instead of the contentious terms "Rohingya" or "Bengali," so as to foster "harmony" and "mutual trust" between the Buddhist and Muslim communities in Arakan State.

The following week, Yanghee Lee, the UN's special rapporteur on human rights in Burma, visited Arakan State and met with both Buddhist and Muslim communities. During her time in the country, the Ministry of Information officially instructed state-owned publications to use the terms "the Muslim Community in Arakan State" and "the Buddhist Community in Arakan State."

In the Arakan State capital Sittwe on Sunday, thousands of people—including Buddhist monks—marched through the city center holding banners reading "Arakan State Belongs to the Arakanese," and shouting slogans such as "Bengalis must be called Bengalis."

Many in Burma insist on calling the Rohingya "Bengali," to suggest they are illegal migrants from Bangladesh, and consider the "Rohingya" label an illegitimate claim to belonging in Burma as a distinct ethnic group.

Prior to the weekend protests, Arakanese nationalist groups from Sittwe last week sent an open letter—signed by about 500 residents and 70 Buddhist monks—to President Htin Kyaw and State Counselor Aung San Suu Kyi objecting to the government's new terminology.

The letter was also delivered to Burma's Commander-in-Chief Snr-Gen Min Aung Hlaing; the Upper and Lower House parliamentary speakers; the Union ministers of defense, of home affairs, of information, and of labor, immigrations and population; and the Arakan State government.

The post Thousands Protest in Arakan State Against New Label for Rohingya appeared first on The Irrawaddy.

Thailand Sets Up Security Centers Ahead of Referendum

Posted: 03 Jul 2016 09:38 PM PDT

Policemen stand guard around activists of the Resistant Citizen, who are against the junta-backed constitution, and gathered to hold activities against the draft constitution, ahead of the August 7 referendum in Bangkok, Thailand. (Photo: Chaiwat Subprasom / Reuters)

Policemen stand guard around activists of the Resistant Citizen, who are against the junta-backed constitution, and gathered to hold activities against the draft constitution, ahead of the August 7 referendum in Bangkok, Thailand. (Photo: Chaiwat Subprasom / Reuters)

BANGKOK — Thailand’s military government has set up security centers around the country ahead of an August referendum on a new constitution, a spokesman for the government said on Monday.

The centers are the latest measure rolled out by the government as Thailand prepares to vote on a new constitution that critics fear will entrench the military’s influence.

The draft of Thailand’s 20th constitution is to replace one scrapped after a 2014 coup by generals who promised stability in Southeast Asia’s second-biggest economy.

The Aug. 7 referendum will be the first real test of the junta’s popularity since it took power.

A “Center for Maintaining Peace and Order” has been set up in every one of Thailand’s 76 provinces, said Major General Sansern Kaewkamnerd, spokesman for the Thai prime minister’s office, in order to ensure “no cheating, no lobbying and no persuading people to vote one way or another.”

Provincial governors will be responsible for assembling teams to join the center including police, troops and civilian volunteers.

“We need to ensure peace during the referendum so that people can decide how our country will move forward,” Sansern told Reuters.

Last month junta chief Prayuth Chan-ocha and opposition supporters of ousted populist premier Thaksin Shinawatra both contacted the United Nations after an upsurge in political tension, just a day after police shut down an electoral monitoring center of the “red shirt” anti-government movement.

The red shirts say the centers are needed to prevent fraud.

Thanawut Wichaidit, a spokesman for the red shirt movement, accused the government of double standards.

“We weren’t able to set up our monitoring centers so why should the military government be allowed to set up their centers?” Thanawut told Reuters.

“The military government is blindfolding the electorate and leading their hand to vote in the manner they want.”

Under the proposed charter, a junta-appointed Senate with seats reserved for military commanders would check the powers of elected lawmakers for a five-year transitional period.

The post Thailand Sets Up Security Centers Ahead of Referendum appeared first on The Irrawaddy.

National News

National News


Myanmar turns to timber exports to save forests

Posted: 04 Jul 2016 01:10 AM PDT

Long a timber-producing and exporting country, Myanmar will start importing wood to protect its forests while allowing local timber companies to continue operating, the government has decided. U Kyaw Zaw, director of the office of the minister for natural resources and environmental conservation, said,...

Firm to bring big screens to small towns

Posted: 04 Jul 2016 01:05 AM PDT

Movie-Loving Myanmar is suffering from a dearth of cinemas, which local firm MAZE is hoping to remedy. The company is kicking off a K20 billion two-year project to build 100 theatres across different states and regions.

Law drafted to protect elders from exploitation

Posted: 04 Jul 2016 12:58 AM PDT

People who abuse older citizens or violate their rights could go to prison for two years under a law now under discussion in parliament. The Elders Draft Law, promulgated in state-owned media on June 29, aims to promote and protect the rights, health and economic well-being of older people.

Vehicle fees reinstated at Nay Pyi Taw’s Bawgathiri bus station

Posted: 04 Jul 2016 12:56 AM PDT

Nay Pyi Taw's main bus station has resumed collecting tolls from vehicles that enter its compound. As of July 1, vehicles are being charged from K100 to K1500 to enter Bawgathiri Highway Bus Station, depending on size. The station stopped collecting tolls in 2007.

UK funding for Myanmar likely to fall, but will continue ‘in or out of the EU’

Posted: 04 Jul 2016 12:55 AM PDT

For the past two weeks, Britain's stunning decision to leave the 28-member European Union (EU) bloc has dominated the world's attention, sending shockwaves through global markets. Several key issues have emerged at the heart of the bruising post-Brexit debate, ranging from immigration, political fallout and economic meltdown to regulation on bananas.

Sittwe police make arrest after massive drug bust

Posted: 04 Jul 2016 12:49 AM PDT

Police have a suspect in custody related to a huge drug bust on the Sittwe jetty on June 27.

Most Mandalay street children use illegal substances: survey

Posted: 04 Jul 2016 12:47 AM PDT

Most of the street children in Mandalay are taking some kind of illicit substance, according to a new survey from the Department of Social Welfare (DSW) in Mandalay.

Government seeks public input in Ayeyarwady basin assessment

Posted: 04 Jul 2016 12:44 AM PDT

Tell us how to help you, the government is asking those who live along the Ayeyarwady River. U Tun Lwin Oo, director general of the Directorate of Water Resources and Improvement of River Systems under the Ministry of Transport and Communications, is asking for public comments on the Ayeyarwady State of the Basin Assessment (SOBA).

Yezin Agricultural University raises entrance demands

Posted: 04 Jul 2016 12:40 AM PDT

Students hoping to gain entrance to Yezin Agriculture University in the 2016-17 academic year will have to score more than 360 marks on the matriculation exam, professor U Myo Kywal said on June 27.

NLD looking for new members

Posted: 04 Jul 2016 12:38 AM PDT

The National League for Democracy is hoping to recruit new party members, said U Nyan Win, a member of the central executive committee.

Sunday, July 3, 2016

Shan Herald Agency for News

Shan Herald Agency for News


Secession is the god given rights for all non-state nations

Posted: 03 Jul 2016 04:40 AM PDT

Secession is the god given rights for all non-state nations and as well all ethnic groups, so long as the one wanting to secede could stand on its own.

In principle if a group of people who likes to consider itself as an ethnic group or nation could secede from an existing nation-state, if the people concerned are for it. It is a birthright given thing and no one could take it away.

As such, an ethnic group or non-state nation could sign that it won't secede from a union a hundred times but could decide to leave the voluntary or involuntary union when and if the people decided to leave the country they are incorporated into. It is the democratic group rights a group of people and the value and desire of the people could change according to the space and time of the prevailing political conditions.

Saturday, July 2, 2016

The Irrawaddy Magazine

The Irrawaddy Magazine


Human Rights Situation Still Dire: UN Envoy

Posted: 01 Jul 2016 10:52 PM PDT

UN Special Rapporteur for Human Rights in Burma Yanghee Lee speaks at a press conference July 1, 2016 in Rangoon. (Photo: Soe Zeya Tun / Reuters)

UN Special Rapporteur for Human Rights in Burma Yanghee Lee speaks at a press conference July 1, 2016 in Rangoon. (Photo: Soe Zeya Tun / Reuters)

RANGOON — Rights abuses are ongoing in Burma despite the election of the country's first democratically-elected government in half a century, according to UN Special Rapporteur for Human Rights in Burma Yanghee Lee.

Lee ended her 12-day visit to Burma with a press conference in Rangoon, where she said there was no difference between the human rights conditions now and under the previous quasi-civilian government.

"The home ministry and the Special Branch of the police are the same people from the past government," said the South Korean Envoy. "That is why things have not changed…Old habits die hard."

Lee was not just critiquing the situation based on secondhand accounts. She encountered police interference herself.

"I also continue to receive reports of monitoring and surveillance of civil society actors and human rights defenders," she said in her statement released at the press conference. "During this visit, I unfortunately was informed that my interlocutors were photographed by security officials, and were questioned prior to and following our meetings."

She was particularly concerned with the situation in Arakan State, where the Muslim Rohingya minority remains marginalized and deprived of many rights.

"The recent establishment of the Central Committee on Implementation of Peace, Stability and Development of Rakhine [Arakan] State signals the priority given by the government to addressing the complex challenges facing both communities," her statement said. "Nevertheless, my visit to Rakhine State unfortunately confirmed that the situation on the ground has yet to significantly change."

"The conditions in the IDP [internally displaced persons] camps I visited remain poor with concerns about overcrowding, the deterioration of temporary shelters and housing, and the lack of proper sanitation facilities," she said, adding, "While there is rightful emphasis on ensuring development and humanitarian assistance to all communities, ending institutionalized discrimination against the Muslim communities in Rakhine State must also be an urgent priority. The continuing restrictions on the freedom of movement of the Rohingya and Kaman communities cannot be justified on any grounds of security or maintaining stability."

But her concern for issues in Arakan State extended beyond just the Muslim communities.

"Also of concern is the continuing detention and reported torture of individuals with suspected ties to ethnic armed groups under Section 17 (1) of the Unlawful Associations Act," she said. "In particular, there has been a sharp increase in cases in Rakhine [Arakan], where reportedly some arrests have been made with little supporting evidence."

Lee also commented on the peace process, noting especially the role women could play.

"The previous government made a commitment to ensure at least 30 percent representation of women at all levels of the peace dialogue," she said. "This commitment should be met as a minimum. A gender perspective must also be incorporated into all areas of the dialogue."

Lee has been a controversial figure, particularly among small but vocal Burma's far-right nationalist groups. Last year, the monk Wirathu, a leader of the Buddhist nationalist group Ma Ba Tha, called her a "bitch" and a "whore."

The post Human Rights Situation Still Dire: UN Envoy appeared first on The Irrawaddy.

Isolated and Lacking Labor Rights, Housemaids Toil in Silence

Posted: 01 Jul 2016 08:00 PM PDT

 This photo of an eight-year-old housemaid in Rangoon's Bahan Township being tortured by her employers went viral on Facebook in 2015.

This photo of an eight-year-old housemaid in Rangoon's Bahan Township being tortured by her employers went viral on Facebook in 2015.

RANGOON — Khin Htar Kyu was in her late teens when she left her village in Irrawaddy Division's Wakema Township with her younger sister to find work in Rangoon to help her indebted family.

Upon arrival, she took the first job she was offered and began to work as a live-in housemaid for a family in Sanchaung Township. Four years have passed and the 23-year-old has rarely had a day off since. She usually works from 4am to 10pm—cooking, cleaning and taking care of the young children. For this grueling work, she earns US$85 per month and free meals and lodging.

"Sometimes, I want to take one day off during the week but I can't," Khin Htar Kyu said, adding that she even cares for her employer's baby in the middle of the night. "I was happier as a farmer; I had a lot of quiet and freedom. I didn't need to care about anything except my crops," she said wistfully.

Across Myanmar, there are tens of thousands of girls like Khin Htar Kyu who leave their poor families to become domestic workers for wealthier households.

They usually receive little pay and lack labor rights protections, according to women and child rights activists, who say the maids are often young—or underage—and vulnerable to various forms of abuse by their employer.

Naw Aye Aye Hlaing, program manager with Rangoon-based NGO Women Can Do It, said workers usually don’t complain about their situations because they are isolated in their employers' homes and lack the support to report abuses.

"Myanmar has no special support group to help housemaids as they are seen as unimportant workers," she said, adding that more must be done to ensure proper treatment of workers.

"Housemaids should be set reasonable tasks… [and] employers should be responsible for creating a safe working environment," said Naw Aye Aye Hlaing, whose organization promotes women's education and involvement in politics.

Vulnerable and Unprotected

Aung Myo Min, executive director at the NGO Equality Myanmar, said many maids are children from poor families who cannot care for them. They are placed with wealthier households and provide free labor in return for a roof over their heads.

"Some of these children have a lower status than domestic workers – they just get a meal and shelter, not money, for their work," he said, adding that such issues also relate to Myanmar's longstanding problems with ensuring child rights and preventing child labor.

Maung Maung Soe, a lawyer in Rangoon, told Myanmar Now that maids are often poorly fed, lack proper sleeping quarters and are regularly beaten. Yet, court cases against abusive employers are very rare as maids lack legal avenues to complain.

"They have little legal protection as there are no [labor] laws to protect housemaids against employers. But if they are accused of stealing money from their employer they can easily be prosecuted," said Maung Maung Soe, who has provided legal aid to abused workers.

Files at Rangoon Regional Police Headquarters obtained by Myanmar Now show authorities recorded only eight cases of criminal abuse of maids by employers in the whole country between 2011-15, four of which were in Rangoon.

An employer was sentenced in only one case. Kyi Hla Myint, a man from Rangoon's Bahan Township, received three years in prison with hard labor in February 2014 for beating a 14-year-old girl, burning her hands with cooking oil and locking her in a room without food.

In 2013, a 14-year-old housemaid managed to file a complaint with police over beatings on her head, back, arms and chest, caused by members of a family in North Dagon Township who employed her for four years. Three of them are now facing criminal prosecution at the township court.

The victim's uncle, Myo Oo, said his niece will never work as a housemaid again. "She has trauma from that job," he said, adding that he hoped the perpetrators would face serious criminal punishment.

Legal Protection Needed

Rights activists said the cases are merely the tip of the iceberg as many abuses go unreported because victims lack the strength or knowledge to stand up to their employers, or because the issues are quietly settled by employers.

"Only if housemaids have major injuries on their bodies can they have enough proof for a police complaint. Otherwise, it is very difficult for them," said Maung Maung Soe.

Aung Myo Min, of Equality Myanmar, said the government should draw up legal protections for domestic workers and inform them of their rights. "Housemaids need to know how and where they can file complaints against abuses by employers," he said.

Nyunt Win, deputy director-general at the Factories and General Labor Laws Inspection Department, told Myanmar Now that the Ministry of Labor, Immigration and Population has held discussions with civil society organizations over drafting a law that would set a minimum age for domestic workers and provide basic labor rights, such as working hours and holidays.

He acknowledged the workers' situation was currently poorly regulated.

"There are many controversial issues regarding housemaids, including working hours and off-days," Nyunt Win said, before adding that maids "should not refuse to prepare meals or wash clothes at the time when their employers come home."

Myanmar Now contacted several National League for Democracy (NLD) lawmakers, but none had knowledge of the draft law to protect domestic workers.

Improving Recruitment

Bringing poor girls from rural areas to work as housemaids in wealthier households in cities and towns is a longstanding practice in impoverished Myanmar.

The process often involves relatives or neighbors of the girls who connect them with wealthier families, but these days most maids are placed with an employer by recruitment agencies or unregistered brokers.

One informal broker in Rangoon named Moe Moe said she had helped ten families find a housemaid in recent years, earning about $30 in commission per worker.

She said she ensures that both maid and employer are suitable and trustworthy. "I will have to face any follow-up problems, so I avoid strangers in this business," Moe Moe said.

Khin Swe Win said her family in Rangoon's South Okkalapa Township had found a maid through her relatives. "Most housemaid brokers do not take responsibility for their work, so I relied on close family members," she said.

The Rangoon Karen Baptist Women's Association has created an organization called Protection for Women in Household Services that tries to ensure that girls are employed by families who treat them well.

Naw Phaw Wah, the director of the organization, said her staff has helped about 100 maids find safe jobs and has carried out regular visits to check on their working situation.

"The employers are warned once if housemaids are found to be treated badly. If they neglect our suggestions the organization withdraws its housemaid," she said.

Khin Htar Kyu said she desperately wanted to quit work as a maid, but she needed to send cash to her family and help them save up to $1,000 to regain control of their farm in Wakema Township, which they pawned to a wealthy neighbor.

"I cannot foresee the day when our family can get back their land and I can go back to the village," she said.

This story first appeared on Myanmar Now.

The post Isolated and Lacking Labor Rights, Housemaids Toil in Silence appeared first on The Irrawaddy.

Dateline Irrawaddy: ‘If the Fourth Estate is Strong, Authorities Dare Not Play Unfairly’

Posted: 01 Jul 2016 07:30 PM PDT

FINAL PHOTOKyaw Zwa Moe:  Welcome to Dateline Irrawaddy! The Burma Army recently filed a lawsuit against 7 Day newspaper over a news story. But, the army dropped the lawsuit this morning after negotiations. We'll discuss how the Myanmar Press Council (MPC) can intervene and protect media agencies against such lawsuits. Saya Kyi Min, member of the MPC and writer, and lawyer U Robert San Aung will join me for the discussion. I'm Irrawaddy editor Kyaw Zwa Moe.

Saya U Kyi Min, the military filed a lawsuit against 7 Day newspaper for a story called 'Thura U Shwe Mann urges DSA [Defense Services Academy] graduates to cooperate with the current government.' But, we learned that it dropped the lawsuit, which is good news. We heard that the military did not inform the Myanmar Press Council of its plan to sue 7 Day. Even if they have a sound reason to sue, how should they have proceeded under the current guidelines?

Kyi Min: The Press Council Act states that in the case of a dispute, the suffering side may file a complaint to the council. It does not say filing a complaint is a must. So, the suffering side can either file a complaint or not. It is free to directly file a lawsuit to the court.

KZM: It is up to the suffering party?

KM: Yes. The act was designed to prevent us from becoming the main monitoring mechanism. If the act makes it necessary to file complaints to the press council for any dispute, then all complaints will be filed with us. Then, we will have to mediate every case. So, the law states complaints may be filed with us. In the case of the army's lawsuit against 7 Day, the army did not file complaint with us; they sued 7 Day directly.

KZM: The army filed the case under Section 131 of Chapter 7 'Offences relating to Army, Navy and Air Force' of Burma's Penal Code [which punishes anyone who abets mutiny or attempts to seduce an officer from his allegiance or duty]. Does the charge fit or is it a heavy charge for this story?

Robert San Aung: As far as I understand, it is not that 7 Day wrote the story in a misleading manner. I doubt that the charge under Article 131 of Penal Code is appropriate. Today, at a time when the Commander-in-Chief of Defense Services Snr-Gen Min Aung Hlaing himself is taking a leading role in building national reconciliation and friendship between the military and the people, we can't say prosecuting a newspaper or journal related to people is appropriate. My suggestion is that if there are difficulties or disputes, they should be settled through the MPC first so that the problem will not get worse. If not, the problem may be aggravated by outside factors. In the current case, some Facebook users wrote this and that on social media, which adds fuel to the flames. This is neither good to the military nor to 7 Day.  I would suggest that the best option is to take action in coordination with the MPC. Under Article 3 of the Myanmar Press Council Act, the press council can mediate settlement. This morning, we heard that the army settled the lawsuit against 7 Day. I saw the report on the Standard Daily. I would say today is an auspicious day.

KZM: Anyway, it is good that the army dropped the lawsuit. But I am afraid that the lawsuit comes as a warning to all other media. This is the first case of the military prosecuting a media outlet under the new government led by President U Htin Kyaw and Daw Aung San Suu Kyi. There were similar cases under the previous government. These lawsuits have impacts. In your view as a member of the press council, what should be the procedure be to file a lawsuit? Is it fair to say that the military suing 7 Day is a threat to the media?

KM: Our council is here to facilitate people's right to be informed and to prevent obstacles against that. It is also supposed to protect the freedom of expression of journalists on the condition that they report ethically, that what they're reporting is true and that the reporting will not harm state interests. We have to intervene if a reporter who follows these guidelines is prosecuted. However, under the Myanmar Press Council Act we are not supposed to intervene unless concerned parties file complaints with us and seek our intervention. Previously, our council was an interim council and now it has become a permanent one. We have settled about 190 cases—between the government and journals, private publications and private publications, and journals and people. We could settle most of the cases through negotiations. Some of them were not satisfied and in that case they could initiate legal proceedings. We can only engage within our limited mandate. To answer your question, we want a peaceful settlement. If media personnel are not ethical in their reporting, it is their fault. We assume that we need to intervene if authorities or people are too sensitive about a truth and file unnecessary lawsuits.

KZM: As far as we are concerned, we don't think the news is wrong. How can we resolve it when lawsuits are filed against media outlets that publish the truth?

KM: We held a meeting Monday and immediately stated our position. We released the statement Monday evening and we were happy to hear the good news this morning. We are proud of ourselves.  We seldom issue statements, especially on issues related to the military because they are too sensitive. Under the circumstances, we issued a rare statement with carefully chosen words and extra caution. Therefore, I was happy to hear the good news this morning. The entire press council is happy.

KZM: U Robert San Aung, what do you think of this case from a legal aspect? 7 Day was sued for publishing a story based on what Thura U Shwe Mann said. Other media outlets also reported it. Isn't Thura U Shwe Mann, who said those words, directly responsible? Should the lawsuit be targeted at the person who made the statement or the reporter?

RSA: Thura U Shwe Mann's case is not the first case like this. There was a previous example in which lawyer U Myint Aung from Mandalay got his license revoked permanently for quoting the phrase, "No one is above the law," in a case related to a high-profile person. In the current case, Thura U Shwe Mann is mainly responsible. He is more knowledgeable about military affairs and he should take the lead in solving the problem. 7 Day exercised 'the right to know' enshrined in Article 3 (e) of the press council act. In that case, 7 Day should be considered a witness or abettor. The main offender is Thura U Shwe Mann and 7 Day just quoted him in its reporting. It bears no responsibility unless it includes its opinion of the speech in the story. I want Thura U Shwe Mann to take responsibility because only when there is amity between the military and the people can internal peace and the 21st Century Panglong Conference be realized. At this time, anything that harms the military or the people should be avoided.

KZM: It is fair to say that Snr-Gen Min Aung Hlaing is fairly friendly toward the media, unlike his seniors. He always grants interviews to foreign news agencies. Many people like his interviews. Given that, why did the military take it so seriously and decide to prosecute rather than negotiate?

RSA: The commander-in-chief of defense services did not seem to know the particulars of the situation. It seems that the lower level [of the army] misunderstood it and took preventive measures out of their own concern. We are encouraged to see Snr-Gen Min Aung Hlaing speaking very politely when he engages with the people. Regarding the army's prosecution of 7 Day, I believe that the army chief did not know about it. We don't know why the army decided to sue—maybe there were complicated underlying factors.

KZM: You mean it was one of their political moves.

RSA: Yes, it could be. It would be better if reporters mentioned sources below their stories in brackets. The most important thing is that I would like to urge journals not to sue each other because it may harm unity and lead to division. Third parties may not hesitate to touch them if they think there is no unity among journals. Therefore, I would like to request that journals don't sue each other.

KZM: The right to know is very important for people, especially in democracies where people need to know all that they should know. We accept that publications that make false reports should be prosecuted. But, there are cases in which governments or private companies file wrongful lawsuits against journals. Saya U Kyi Min, what is your suggestion to both sides to reduce these types of cases in the future?

KM: As I occasionally give lectures at journalism institutes, I give lectures on how to be objective and truthful without crossing a line. When I entered the field of journalism in 1969, my master Atauktaw Hla Aung asked me to read by heart everything related to Section 500 on my second day as a journalist. I had to learn how to avoid crossing the line in my reporting under different circumstances. Media personnel need to have broad legal knowledge and they should report cleverly and present complete and truthful investigations. If they can do that, they have nothing to worry about in front of a fair trial, should that exist.

KZM: What about the authorities?

KM: If the fourth estate is strong, authorities dare not play unfairly because the fourth estate serves the people. But I stress the condition of: if there is a fair judicial system.

KZM: I doubt that fair courts will emerge overnight in our country.

RSA: There are hardly any.

KZM: Thank you for your contributions.

The post Dateline Irrawaddy: 'If the Fourth Estate is Strong, Authorities Dare Not Play Unfairly' appeared first on The Irrawaddy.

The Irrawaddy Business Roundup (July 2, 2016)

Posted: 01 Jul 2016 06:30 PM PDT

World Bank President Jim Yong Kim speaks in the Swiss mountain resort of Davos, January 23, 2015. (Photo: Ruben Sprich / Reuters)

World Bank President Jim Yong Kim speaks in the Swiss mountain resort of Davos, January 23, 2015. (Photo: Ruben Sprich / Reuters)

Watchdog Says Burma Has Improved Anti-Money Laundering Measures

The intergovernmental Financial Action Task Force (FATF) on money laundering has removed Burma from its lists of countries with compliance issues, hailing the government's progress toward clamping down on illicit funds.

The group—which is housed in the OECD's Paris headquarters and is led by developed countries—keeps track of high-risk jurisdictions for money laundering and terrorism financing, and highlights those countries it says are not making sufficient efforts to tackle the problems.

Until this year, FATF listed Burma as a jurisdiction that had not made sufficient progress in implementing a plan to tackle money laundering. In a country where some are believed to have made vast profits from corruption and drug trafficking, the task force over several years repeatedly reminded the Burmese government that it needed to do more to make sure it wasn’t allowing funds to be laundered or to go toward terrorism.

In February, Burma was upgraded to a list of countries with only "strategic deficiencies," with the FATF crediting the government's moves to enhance financial transparency and establish a functioning Financial Intelligence Unit to investigate suspicious financial activity. The organization said it would conduct a visit to confirm the progress.

On June 24, in a statement following a plenary meeting in South Korea, the FATF said Burma, as well as Papua New Guinea, was being removed completely from the lists. It congratulated the countries "for the significant progress made in addressing the strategic AML/CFT [anti-money laundering/combating terrorism financing] deficiencies earlier identified by the FATF and included in their respective action plans.

"Both countries will no longer be subject to the FATF's monitoring under its on-going global AML/CFT compliance process," the statement said. "Both countries will work with the Asia/Pacific Group on Money Laundering as they continue to further strengthen their AML/CFT regime."

Moving off the list could help to reassure overseas financial institutions, particularly in the US, on dealing with transactions involving Burma.

US Eases Reporting Requirement for Investors

American companies making an investment in Burma worth less that $5 million will no longer have to file reports with the US Embassy in Rangoon on what policies they have in place to protect human rights in the country.

Since the US government began loosening its sanctions regime to recognize democratic reforms, some firms have been required to file reports under State Department rules. From 2013, companies or individuals making an investment of more than $500,000 in most sectors, or any investor in the oil and gas sector, were required to file reports.

Companies already filing the reports include major investors like Coca-Cola, toothpaste company Colgate, Palmolive and Ball Corporation, which makes cans for drinks. Some even filed extensive reports beyond the legal requirements. Notably, Gap Inc., which although it only sources from external suppliers that own factories in Burma, has filed two reports on "responsible sourcing," including the disclosure that it discovered that its suppliers had used child labor in the past.

Smaller firms or investment vehicles have also filed reports, some of which included the bare minimum to comply with the law.

Following the transfer of power to a National League for Democracy-led government in late March, the US government has further relaxed sanctions against Burma. In May, restrictions on dealing with financial institutions in the country were eased, and a rule allowing trade through Rangoon's biggest port and airport, which are operated by a sanctioned company, was extended indefinitely.

The Embassy website's page on reporting requirements was updated late last month to raise the threshold for the reporting requirement tenfold to $5 million.

Human rights and environmental campaigners have opposed the move, which they say was the result of lobbying by the US Chamber of Commerce and the American Chamber of Commerce Myanmar.

In a blog post June 24, Earth Rights International lawyer Zamira Djabarova said the decision, "effectively weakening the rule," had been taken without any companies publicly opposing the reporting rule. While unpublished comments were likely to have been submitted, some large investors, including Coca-Cola and Gap, had spoken up in support of the requirement, Djabarova wrote.

Analysts Predict Construction Industry Growth More Than 10%

The construction industry in Burma is forecast to grow by an annual average of more than 10 percent in coming years, according to a report from analysts, who predict the sector will be worth $13.5 billion by 2020.

Business information company Timetric's Construction Intelligence Center said in a press release that a new report on the industry found that construction in Burma was worth $8.2 billion in 2015.

It said, "growth will be supported by the country’s improving economic conditions, but will mainly depend on government investments in residential, energy and utilities, and public infrastructure projects, as well as a rise in foreign investments."

A breakdown of the current state of the industry said about half of the sector in terms of value was in residential construction.

The analysts also forecast infrastructure construction on roads, bridges, airports and ports, will grow steadily. The government—presumably with the help of donors—set to pour a total of $26.8 billion into a transport masterplan up to 2030, it said.

"Consequently, infrastructure construction is expected to reach US$4.2 billion in 2020," the press release said.

Bangkok Airways Wants to Fly to Bagan, Myeik

The boutique carrier Bangkok Airways is hoping to fly directly from Thai airports to the temple-tourism destination of Bagan and the archipelago gateway of Myeik, according to an industry publication.

aviationpros.com said in a report this week the carrier, based out of Bangkok's Suvarnabhumi Airport, was applying to Burma's Department of Civil Aviation for permission for two new flights. One would connect the northern Thai city of Chiang Mai with Nyaung U, close to Bagan, in Mandalay Division, and the other would link Bangkok and Myeik, also known as Mergui, in Tenasserim.

Burma's smaller airports are generally only served by domestic airlines, but both destinations are expected to grow as the number of tourists visiting Burma increases. Some of the hundreds of islands off Myeik, most of which remain untouched, are currently undergoing development as tourist sites.

"Bangkok Airways hopes to secure regulatory approval from Myanmar civil aviation authorities for the two routes, a process that may take up to eight months," the report said.

"But the carrier is not in a rush to launch the two new Myanmar routes, expecting to put them on its flight roster during the winter season, starting at the end of October," it added.

Bangkok Airways already flies between Bangkok and airports in Rangoon, Mandalay and Naypyidaw, and connects Chiang Mai to Rangoon and Mandalay.

World Bank Study Recommends Diversification

A study conducted by the World Bank at the behest of Burma's Ministry of Commerce has recommended that the government focus on light manufacturing, services and agribusiness to make the country less reliant on extractive industries.

A press release this week on the official launch of the Myanmar Diagnostic Trade Integration Study made recommendations on how to ensure inclusive growth as Burma's economy develops. It urged officials to continue with reforms to make it cheaper for private businesses to trade, and encouraged "soft infrastructure reforms."

Recommendations from the study include improving access to finance, addressing skills shortages and simplifying the system of trade tariffs.

The government should "encourage trade growth in the service sector by reducing administrative and regulatory barriers and consolidate coordinating mandate for services trade negotiation into one agency," the recommendations said.

The press release said a key driver of inclusive growth would be "diversifying  into sectors with high potential such as light manufacturing, services and sustainable agribusiness to rebalance the economy away from its overdependence on natural resources."

The post The Irrawaddy Business Roundup (July 2, 2016) appeared first on The Irrawaddy.