AllSBNews

Friday, July 15, 2016

Shan Herald Agency for News

Reading Suu Kyi's mindset on the eve of Mai Ja Yang ethnic leadership summit
Shan MPs debate hydropower policy in parliament
The peace process: Shwe Ohn’s 6 Ifs
The launch of a new research paper "Achieving Health Equity in Contested Areas of Southeast Myanmar"

Reading Suu Kyi's mindset on the eve of Mai Ja Yang ethnic leadership summit

Posted: 15 Jul 2016 06:42 AM PDT

As the United Nationalities Federal Council (UNFC) leadership prepares to leave for Mai Ja Yang, making stopovers in Rangoon and Naypyitaw to meet National Reconciliation and Peace Center (NRPC) and State Counsellor Aung San Suu Kyi, it becomes apparent that it must have done quite a lot of research and mind-reading on the government leader, so that appropriate answers and counter proposals could be formulated.

First, let us look at Suu Kyi's mindset, particularly on what she might be striving at to achieve success in her initiative of 21 Century Panglong Conference or Convention (21CPC), which her predecessor started out as Union Peace Conference (UPC) last February.

According to the meeting between Suu Kyi and the Peace Process Steering Team (PPST) which represented the 8 Ethnic Armed Organizations (EAOs) that signed the Nationwide Ceasefire Agreement (NCA) late last year, she elaborated issues that were important to the peace process as follows:

· No hidden agenda in trying to establish a real federal democracy for all the people

· Real political will and cooperation of all the ethnic people

· To overcome angst through trust anchored in success and achievement of peace

· All precious things are not easy to achieve

· 70 years of war is far too long

· There would be no development without peace, peace must be sought through unity in diversity, and the need to protect political legacy for the next generation

· Participants' ability and bravery needed to do the duty

· Different generations – young and old - should have responsibility and a sense of duty

· To nurture the mentality of "give" (rather than "take"), to the country

· Her intention to listen more than to make policy clarification

· Harmony could create peace

· In order to be successful, all-inclusiveness and principled participation in the convention are necessary

· All should discuss if it should be called UPC, 21CPC, 2^nd or 3^rd Panglong

· Panglong Spirit more important than Agreement, as speedy, common independence from the British was achieved through "unity in diversity" of Panglong Spirit

· Panglong Agreement stated equality accepted without question, but secession issue must be addressed although she is not for secession, and whether it is needed to be included in the cornerstone of union-building

· Federalism is integration and not disintegration, according to the academics and good for all the people and ethnic groups

· In good functioning federal union, there is no secession

· Accepts equality but ethnic rights of self-determination needs to be discussed in details;

· To build strong federal union through Panglong Spirit

· Wants to hear the ethnic nationalities' aim and object rather than clarification of her own policy and not sticking dogmatically to it

· Constitutional amendment would be through the parliament.

Of all the details mentioned, the most important is the very concept of the country's genesis, emergence or formation, which is differently interpreted by the Bamar political class, including Bamar military, and the ethnic nationalities.

The Bamar rightly or wrongly believed that they have the right to inherit the British colonial master's mantle, when Burma way granted the independence, for the non-Bamar territories were owned by the Bamar ancient kings, while the non-Bamar ethnic nationalities are of the opinion that the Union of Burma is a newly formed political entity, due to the virtue of 1947 Panglong Agreement between them and the Bamar State, then known as Burma Proper or Ministerial Burma.

The vocabulary of "Panglong Agreement, Promises and Spirit"

If we talk about Panglong Spirit, it is adamant that we need to discuss the emergence of its agreement and its pledges, which comes with it. Let us go briefly on what these are all about.

The Panglong Agreement, as we all know, is the 9 point treaty signed between Burma, the Federated Shan States (which later became the Shan State), the Chin Hills (which became the Chin State) and the Kachin Hills (which became the Kachin State), a pact between 4 equal partners.

The gist of it was full autonomy in internal affairs, financial autonomy, human rights and democracy for the ethnic nationalities.

Panglong Promises include the right to secede if and when the signatories choose, equal status and

joint responsibility for common subjects such as foreign affairs, defence and coinage and currency.

It happened during the 4-day negotiations in Panglong, 8-11 February 1947, the said demands were made by the Joint Chin-Kachin-Shan Committee, officially dubbed Supreme Council of the United Hill Peoples (SCOUHP).

Gen Aung San, representative of the then interim Burmese government, reportedly had accepted all in principle but requested that they be included in the Union constitution to be a drafted by the upcoming Constituent Assembly instead. His solemn word of honour thus became known as the promises of Panglong.

The Panglong Spirit, however seems to mean, judging by what the Burmese leaders have repeatedly said, the much-vaunted Three National Causes (Non-disintegration of the Union, Non-disintegration of National Solidarity, and the Perpetuation of National Sovereignty) to be their interpretation. To the non-Burmans, this summing-up means the ethnic nationalities have to live under Burmese domination as second class citizens whether they like it or not. Their own interpretation is equal status, sense of joint ownership and sense of joint responsibility, which has never been realized, let alone agreed upon. (Source: SHAN 12 February 2016)

Panglong Spirit more important

According to Suu Kyi, Panglong Spirit is more important than agreement, which implies that Panglong Agreement is to be regarded as only instrumental to achieve independence, but in no way taken as the valuable, foundation treaty between the Bamar and non-Bamar states.

She went on to explain that the diversified "unity in diversity" had achieved a common good "independence" from the British in 1948, that could be regarded as Panglong Spirit.
This belittling and interpretation of the Panglong Agreement as not being a national treaty which the Bamar State was a part and still is angered the ethnic leadership.

The analogy is like dismantling the scaffolding when the building of a "Chedi"- a mound-like or hemispherical structure containing relics, typically the remains of Buddhist monks or nuns, and used as a place of meditation - is finished, in which the ethnic groups are just seen as supporting structure and not part of the permanently built Chedi.

Her interpretation could be likened to the Burmese saying of "Payar Pyee Yin Nyan Phyet", which literally means "When the building of Buddha statue (or Chedi) is finished, demolish the scaffolding".

The issue of "Secession"

The reason why secession was mentioned in the 1947 Union of Burma Constitution is to soothe the ethnic groups' angst that the Bamar would overwhelm the numerically less populated ethnic states only seemed to be her explanation. This contradicts with her father, Aung San's good will intention.

She questioned why the secession clause should be needed if we were to build a federal union.
She also openly said that she didn't like secession and don't want it to be a cornerstone in the formation of a federal union.

Of course, the ethnic nationalities point of view is quite different from her.

Ethnic rights of self-determination

She is not transparent on the matter and would like the ethnic groups to spell it out for themselves. In a way, she is not saying exactly that the Panglong Agreement-based federalism would be the way to go, implying that she might be inclined to find a new path, which at this stage is still all open.

Vision on federalism

Federalism is integration and not disintegration and in a successful federalism there is no secession.

Some federal system of governance have secession rights and some not. But there were secession in countries that didn't have secession rights included in their constitution, while there were countries with secession rights that didn't see secession being made use of.

Common political position important

She urged, as the government side, perhaps meaning the Bamar as a whole, is trying to find a common basis (fundamentally the NLD and the military), the ethnic nationalities should also try to find one common position together.

Other than that she said streamlining the process, parallel undertaking of the all-inclusiveness while the process is rolling, targeting late August as a start of the UPC or 21CPC and spelling out what she meant by all-inclusiveness.

She said all-inclusiveness doesn't mean everyone must sign but mainly the inclusion of people who ought to be participated, which means all elected political parties and legal political parties.

Mai Ja Yang ethnic leadership summit

On 13 July, the convening committee for Mai Ja Yang meeting at the second largest town controlled by Kachin Independence Organization/Army (KIO/KIA) made a resolution to include 4 topics of discussion at the summit. Accordingly, the meeting will discuss 4 topics: Principles of a federal democracy (need to have a federal constitution and state constitutions); Principles of union armed forces and the need for having state defence forces; review and amendment of Framework for Political Dialogue, and endorsement of the Panglong Handbook.

Outlook

The UNFC would definitely need clear answers on the rights of decision-making process when participating in the UPC or 21CPC, without signing the NCA. And again, signing the NCA would depend on if the all-inclusiveness issue – meaning: the inclusion or exclusion of the 3 EAOs, Kokang or Myanmar National Democratic Alliance Army (MNDAA), Palaung or Ta'ang national Liberation Army (TNLA) and Arakan Army (AA) – is resolved. Ideally, it would be the government taking all the EAOs into the peace process fold, without reservation. Whether this could be ironed out between the military and the NLD remains to be seen.

Another crucial point to be cleared out is the very concept of how the emergence of country we now know as Burma or Myanmar. The Bamar seems to be convinced that all the territories have been ruled by the ancient kings and thus must be viewed as a continuation of the Bamar rule, after the British left in 1948, while the non-Bamar viewed that this is a newly minted political entity, through the virtue of voluntary Panglong Agreement (1947) and Union of Burma Constitution (1947). This conception would also need to be tuned and cleared.

Closely connected to it would be on how to handle the notion of "secession". The ethnic nationalities see this as an inalienable rights, underlining their independence prior to the signing of Panglong Agreement in 1947, even though they have forsaken to secede, no one is entitled to take it away their birthright secession privilege from them.

The ethnic nationalities could even questioned Suu Kyi on what kind of guarantee she could give by forsaking the secession clause, when their experience after joining the union with Bamar only brought them steadfast human rights violations, militarization, oppression and stripping off all their political rights, starting from 1962 until today.

Other than that, the sharing of political powers, resources and security sector reform would be the pressing core issues that have to be negotiated.

It will all depend on how much give-and-take could be made by all stakeholders of the country, if this decades-old ethnic conflict is to come to an end. Hopefully, all will aim at the "win-win" solution than the "win-lose" outcome, so that we will be able to live in normalcy under the governance of a federal democratic system.

Shan MPs debate hydropower policy in parliament

Posted: 15 Jul 2016 04:21 AM PDT

Following the suspension of the Nongpha Dam last week by Burma's Ministry of Finance and Planning, several Shan politicians and activists have voiced concerns about other hydropower projects being carried out on the Salween River.

Blueprints were originally laid down for six dams to be built on the Salween River in Burma.

In addition to the 1,200 megawatt hydro-dam in Nongpha, proposals have been set for three other hydropower dams in Shan State: a 1,400MW project on the Upper Kunlong; a 2,000 MW dam in Man Tong; and a 7,100 MW dam in Mongton. Plans are also afoot for a 4,500MW project in Ywar Tit, Karenni State; and the 1,360 Hatgyi Dam in Karen State.

Financing for the hydro-electric projects comes from three main sources: China's Three Gorges Corporation; the Electricity Generating Authority of Thailand; and Burma's Ministry of Electric Power.

According to a Myanmar Times' report on July 8, the Ministry of Finance and Planning announced that it was suspending the Nongpha hydropower project, which is slated for construction in northern Shan State's Tangyan Township.

Ministry representative Soe Nyunt Lwin said that the government would have to look into the costs and benefits of such projects, and the impact they will have on people and the nation.

According to Sai Hor Hseng, a spokesperson for the Shan Human Rights Foundation, all the dam projects should be suspended, particularly the Mongton Dam due to its enormous size and impact.

"Villagers' properties and roads were already damaged by the construction work," he said. "But victims have never been compensated.

"The construction company told local residents that there is construction everywhere, so they cannot pay out compensation."

Speaking before the Shan State government on July 13, Sai Kham Aung, an MP from the Shan Nationalities League for Democracy (SNLD) who represents Hsipaw Township, the public must be made aware of who is responsible for their security and any damage caused by dam construction.

"Will local villagers receive any benefits from the hydropower project?" asked Sai Kham Aung. "In Kyaukme Township, there is the Yeywa Dam. If the construction continues, who will take responsibility?" Does the government share the concerns on these issues?"

In August last year, Shan Herald reported that more than 23,000 people in Shan State voiced concerns over dam construction on the Salween River, also known as the Thanlwin.

"There simply are no policies concerning electricity in Burma," said Sai Wan Leng Kham, an Upper House MP from SNLD who attended a two-day energy policy workshop in Taunggyi last week. "We must try to find methods from the workshop to submit policies and laws in parliament related to electricity."

The peace process: Shwe Ohn’s 6 Ifs

Posted: 15 Jul 2016 04:12 AM PDT

If you can keep your head when all about you

Are losing theirs and blaming it on you

Yours is the Earth and everything that's in it

And-what is more-you'll be a Man, my son!

Rudyard Kipling (1865-1936)

U Shwe Ohn

(Photo: moemaka.com)

In December 1992, a month before the National Convention (NC) set up by the military rulers of the country ostensibly to lay down principles for its third constitution, Shan politician U Shwe Ohn (1923-2010) was detained and sentenced to a year's imprisonment.

His offense: writing and distributing an essay which made suggestions to the NC about how the new constitution should look like. The 101-page essay titled 'Toward the Third Union of Burma/Myanmar (When, Why, and How)', when it came out in a booklet form, published by SHAN, in 1998, was, along with 'The Village of the Generals' by TNT, one of the news agency's 'bestsellers'.

In it are 6 hypothetical suppositions, which are highly thought provoking.

Also despite the years, it is still very much relevant to what is taking place today under the leadership of U Thein Sein (2011-2016) and Daw Aung San Suu Kyi. (2016 - ).

Perhaps going through them may help today's leaders to reduce their pride and prejudice. So here they are:

1. If there were no Aung San…..

Considering the non-Burmans' sentiments in 1947, it would be hard to imagine that they would have agreed to proposals by any Burman leaders for a union. The reason that they had agreed to was because Burma had a leader like Aung San who was clean, honest, genuinely patriotic, patient and had foresight.

2. If there were no SSPFL…..

The Shan State People's Freedom League (SSPFL), set up by Shan youths in 1946, had steadfastly advocated joint independence with the Burmans. It was through its vigorous campaigning that the hesitating ruling princes of Shan States finally gave the go-ahead for the idea.

(Despite its tireless efforts at Shan-Burman friendship and solidarity, the SSPFL was destroyed by the AFPFL government following independence).

3. If no agreement were not reached at Panglong……

There would be no Frontier Areas Committee of Enquiry (FACE) to sound out the non-Burmans' wishes. And there would have been no Union of Burma/Myanmar. Instead, Burma Proper, also known as Ministerial Burma, would become independent and the rest remain under British rule.

4. If the Right of Secession were not provided in the 1947 Constitution……

On 16 June 1947, the Prince of Mongpawn Sao Sam Tun protested that Aung San's directives for the constitution did not include the non-Burmans' right of secession, as promised at Panglong. "We think there's only one thing left for us to do," he reportedly told U Nu, "and that is to pack our bags and go home."

The AFPFL leaders, in response, assured him since the principle had been accepted, there should be no lingering doubts. The result was the incorporation of Chapter 10. Right of Secession in the constitution.

It is crystal clear that no Union of Burma/Myanmar would have emerged without it.

5. If Part ⅡScheduled Areas were not included in Kachin State…..

(Myitkyina and Bhamo districts at that time were designated as Part ⅡScheduled Areas, where the Ministerial Burma government could advise but the final decision rested with the British Government—author's note)

Without them, there would be no Kachin State and Kachin leadership would have objected. Plans for the formation of a Union would then be in jeopardy.

6. If there were no Union of Burma/Myanmar……

As said in If #3, Burma and the Frontier Areas would have been separated, with the former becoming independent, and the latter still under British rule. But for how long would that be?

The Federated Malay States, on which the Federated Shan States had modeled itself in 1922, became an independent dominion in the British Commonwealth in 1957. And since 1963, it has become known as Federation of Malaysia.

Similarly, the Frontier Areas would, in all likelihood, become independent by that time. And afterward, probably the Republic of Burma and the independent Frontier Areas will agree to form a Union on equal footing.

No doubt something to chew upon, though the mill never grinds on the water that is past. But it may help to avoid the same mistakes in the future.

Finally, U Shwe Ohn showers all the praises on Aung San, who said on 16 June 1947, with regards to the Panglong Agreement and the FACE recommendations, "We not only accept the letter of the agreement but also the spirit of the agreement."

He later declared, "I have heard that some ethnic leaders are worried whether we are going to deviate from the spirit of the agreement (in Burmese, he used the words," "original concept"). What I would like to say here is if they still harbor such doubts, they are insulting both our sense of honor and sense of pride."

If those words do not epitomize the Spirit of Panglong, what does?

The launch of a new research paper "Achieving Health Equity in Contested Areas of Southeast Myanmar"

Posted: 15 Jul 2016 12:12 AM PDT

Dear colleagues,

The Asia Foundation cordially invites you to attend the launch of a new research paper "Achieving Health Equity in Contested Areas of Southeast Myanmar" by Bill Davis and Kim Joliffe. The report gives an overview of the separate Ministry of Health (MoH) and EAO-linked health systems that exist in southeast Myanmar, and looks at how coordination and cooperation have increased since ceasefires were signed in 2011 and 2012. It provides guidance and actionable recommendations for government, ethnic organizations, and international aid actors on how to strengthen service delivery and improve levels of cooperation and coordination. Please join us on Wednesday, July 20th at the Novotel Yangon Max. The launch is from 15:30-17:00, and registration will be from 15:00-15:30. For further information please find attached to this email the invitation. Please feel free to circulate this among your network.

Sincerely,

The Asia Foundation

Download PDF file: Invitation to Launch of Report - Achevining Health Equtiy in Contested

Thursday, July 14, 2016

The Irrawaddy Magazine

Rangoon Govt Orders Safety Modifications to High-Rise Buildings Under Construction
Suu Kyi and Committee Stakeholders Discuss Challenges in Arakan State
Religious Affairs Minister Says No Monk is Above the Law
Journalists, Farmer Fined Under Defamation Charge
In Western Burma, a Town Ravaged by the Drugs Trade

Rangoon Govt Orders Safety Modifications to High-Rise Buildings Under Construction

Posted: 14 Jul 2016 07:11 AM PDT

An aerial view of Rangoon. (Photo: JPaing / The Irrawaddy)

RANGOON — Despite complaints from developers, a review committee for the construction of high-rise buildings has ordered safety modifications to 12 structures, stating that failure to follow Rangoon's updated urban planning standards could cause harm to the city and its residents.

This week the Rangoon divisional government ordered the developers of the buildings to reduce the height of their projects, adhere to original car park designs, and improve safety on-site.

The Yangon City Development Committee (YCDC) has ordered the suspended construction of a total of more than 200 high-rise buildings—classified as structures with at least nine stories—since May. In June, they formed a 13-member committee, largely made up of architects and engineers, who started their work by reviewing and inspecting the 12 high-rise projects in question, which range in height from just over 12 to 29 stories.

They submitted their findings and recommendations to the regional government earlier this month. Another 185 buildings are currently being reviewed.

Ye Min Oo, the review committee's spokesperson, told The Irrawaddy that many of the buildings currently under construction or slated for future construction are not in line with Rangoon's urban planning standards.

"We understand that developers were hurt to some extent by the review. We took every step [of the] review very carefully and seriously, as the chief minister told us that a loss for the developers is the country's loss, because they are our nationals," he said on Thursday.

But, Ye Min Oo said, during the review process, the committee found that some buildings had not followed the original proposed designs, and could therefore be dangerous or simply problematic.

"We found out that there were not enough car parking spaces. [Another] one of the 20-story buildings has a 3-foot-wide strip of land adjoining it. In the case of a fire, this could be a problem," he pointed out as examples.

Nyan Myat Min's ongoing 29-story Kabaraye Executive Residence on Kabaraye Pagoda Road was one of the 12 buildings under review and ordered to be modified. The director of Living Square Construction—the developer responsible—said that they have been told to halt the construction of the building at its current height of 18 stories.

"They said we need to resubmit car parking [plans], but we have set car parking for 245 vehicles, which is more than the requirement of 220 cars," he said.

"We've been following the rules [set] by the YCDC. We had to wait at least three years to get permission. Now it's really harming us," he added.

"All of our structures, drawings and everything has been approved by technicians as well as by the members of CQHP [Committee for Quality Control of High-Rise Building Projects]," Nyan Myat Min said. "We've not been told by the YCDC about the road-to-building ratio since then, so now, when they change it, it's really a shock for us," he said.

Ye Min Oo said the committee's process is quite transparent—even the president of the Construction Entrepreneurs Association is among the committee members, and recommendations were submitted after approval from all members.

"We know the developers followed the rules. But they are no longer in line with urban planning standards today. That's why the committee is reviewing the buildings—to make Rangoon a beautiful, safe, sustainable urban system," he explained, outlining the high-rise review committee's goals.

The 12 high-rise construction projects in question involve buildings with 12.5, 18, 19, 23, 27 and 29 stories, respectively. The investigation into these buildings extends to Kyeemindaing, Ahlone, Botahtaung, Bahan, Tamwe, Hlaing, Insein, Mayangone and Yankin townships.

According to the YCDC, the previous Rangoon divisional government and municipal council had given "initial approval" for proposals to more than 200 high rise buildings from 2013 until March 31 of this year.

The post Rangoon Govt Orders Safety Modifications to High-Rise Buildings Under Construction appeared first on The Irrawaddy.

Suu Kyi and Committee Stakeholders Discuss Challenges in Arakan State

Posted: 14 Jul 2016 06:11 AM PDT

Aung San Suu Kyi convenes a meeting in Naypyidaw with Arakan State Chief Minister Nyi Pu and other Union ministers in May 2016. (Photo: Myanmar State Counselor's Office)

RANGOON — As head of the Central Committee for Arakan State Peace, Stability and Development, Aung San Suu Kyi invited stakeholders to discuss on Thursday in Naypyidaw the challenges they face when implementing local development projects, according to a statement from the State Counselor's Office.

Arakan State suffers from severe underdevelopment after decades of neglect under former military-led governments, but at the forefront of the talks was the citizenship verification process and National Verification Cards (NVCs), which were handed out to those who would be scrutinized for citizenship eligibility under the 1982 Citizenship Law at a later date.

At the center of the NVC conflict are those who self-identify as Rohingya, a stateless Muslim minority, who have refused to accept the cards because the bearer's religion and and ethnicity is not stated on them.

The citizenship verification program is an extension of the Rakhine State Action Plan, unveiled under the former government in 2014 in response to the violence between Buddhists and Muslims in 2012 and 2013. As originally conceived, Arakan State's Rohingya population was only permitted to apply for citizenship on the condition that they self-identified as "Bengali," a term which implies that they have migrated from neighboring Bangladesh.

Thein Swe, minister of labor, immigration and population, said that the ministry has issued about 2,000 NVCs. He added that scrutinization would occur and security issues would be addressed in the coming months before national registration cards would be handed out.

Suu Kyi said that divisional progress should be tracked through practical gains, and that in order to issue NVCs, trust must first be gained by participants, citizens and the international community.

Lt-Col Kyaw Swe said in order for the NVC project to work, there must be mutual understanding as well as job opportunities available locally.

During the meeting, Arakan State Chief Minister Nyi Pu brought up social welfare, resettlement activities and recent natural disasters in several townships. Ye Aung, minister of border and security affairs, drew attention to over 140 requirements needed to address rural development in Arakan State's townships.

At the conclusion of the meeting, State Counselor Suu Kyi stated that collaboration between the Union government and the Arakan state government was crucial for the quick implementation of development projects.

Various Union-level ministers, permanent secretaries, the attorney general and the Arakan State chief minister attended the meeting in Naypyidaw.

The post Suu Kyi and Committee Stakeholders Discuss Challenges in Arakan State appeared first on The Irrawaddy.

Religious Affairs Minister Says No Monk is Above the Law

Posted: 14 Jul 2016 04:29 AM PDT

Minister of Culture and Religious Affairs Speaks to the media at the 10th national conference of Burma's Sangha. (Photo: Pyay Kyaw / The Irrawaddy)

RANGOON — Extremist Buddhist monk Wirathu could be charged if someone were to complain to the State Sangha Maha Nayaka Committee, said Minister of Culture and Religious Affairs Aung Ko, who also criticized Ma Ba Tha for "making problems with other religions."

He said that those charging Wirathu or other extremist monks would need to have "evidence" that a law had been violated.

The State Sangha Maha Nayaka Committee, popularly known by the Burmese-language acronym "Ma Ha Na," is a government-appointed clerical council that oversees Buddhist monastic discipline in Burma.

Wirathu, and the ultra-nationalist monks association Ma Ba Tha that he belongs to, have fronted hate campaigns against Muslims in Burma, and lobbied successfully last year for the passage of four "Protection of Race and Religion" laws—restricting religious conversion, religious intermarriage, polygamy and childbirth—widely interpreted as targeting Muslims.

On Tuesday, Ma Ha Na announced that Ma Ba Tha was not a "lawful monks' association" because "it was not formed in accordance with the country's monastic rules."

Aung Ko was speaking to reporters on the second day of the 10th national conference of Burma's Sangha (monkhood), convened by Ma Ha Na in the grounds of Rangoon's Kabaraye Pagoda. The minister had briefly joined one of the morning sessions.

"I do not want to attack anyone personally," Aung Ko said. "I am just saying to any monk that, if you or anyone else violates the law, we will take action against you."

The minister said that if anyone were to come to Ma Ha Na with a complaint against a monk using hate speech, and were to supply evidence including voice recordings, the Ma Ha Na would instruct their members to investigate and take necessary action.

Aung Ko added that that if Ma Ba Tha—whose full name translates as the Association for the Protection of Race and Religion—kept "making problems with other religions," disturbing the peace and flouting Buddhist "discipline," the government would "take action against them according to the existing laws."

He confirmed that Wirathu, who frequently speaks on behalf of Ma Ba Tha, would be charged if someone were to file a legitimate complaint against him.

The minister lamented that the actions of "some extremist people" had led to criticism of Buddhism in Burma from other countries. He said that, by co-existing with the other religious, Burmese Buddhism could demonstrate its peacefulness.

He compared existing religious pluralism in Burma—evident in the "mosques, churches and Hindu temples" sitting alongside Buddhist pagodas in downtown Rangoon—favorably with that of "extremist countries," which "do not let other religions exist alongside 'their' religion."

He said that, if they were to "work together" with the government based on "friendship and justice," and support peace and national reconciliation between ethnic groups, Ma Ba Tha could reclaim their dignity.

The minister also mentioned a new Hate Speech law—which would criminalize verbal attacks on other religions—being developed in consultation with "interfaith groups" comprising members of Burma's various religious communities. Such as law, whose precise contents are not yet known to the public, would empower ordinary citizens to report discriminatory speech, he said.

At an evening press conference the same day, Rangoon Division Religious Affairs Minister Tun Nyunt reiterated Aung Ko's words encouraging anyone to sue members of Ma Ba Tha if they had legitimate grounds. However, Tun Nyunt suggested that complainants be directed to police stations rather than Ma Ha Na.

"If you have found that [Ma Ba Tha members] have violated laws, you can file charges directly at a police station. Civilian courts should punish them. You do not need to go to Ma Ha Na. However, if they violate the discipline of the Sangha, our Ma Ha Na will take action. Everyone has the right to charge them," said Tun Nyunt.

Asked by The Irrawaddy whether Ma Ba Tha would be deemed an "illegal organization," the divisional minister said, "The government will investigate whether Ma Ba Tha was formed within the law and the 2008 Constitution. If not, they will be declared illegal."

The post Religious Affairs Minister Says No Monk is Above the Law appeared first on The Irrawaddy.

Journalists, Farmer Fined Under Defamation Charge

Posted: 13 Jul 2016 09:47 PM PDT

The two journalists and farmer charged with defamation are pictured at Thaegon Township Court. (Photo: Kaung Myat Min / The Irrawaddy)

PYAY, Pegu Division — A farmer, a former reporter and an editor from The Ladies Journal were each handed fines of 20,000 kyats (around US$17) by a local court in Pegu Division's Thaegon Township on Tuesday after being charged with defamation over a news story.

The Vol. 1 No. (81) of The Ladies Journal issued in the last week of September 2013 featured a news story which alleged that a retired lieutenant colonel had confiscated land in Thaegon Township on the false pretext of building an airport, before selling it off in plots instead.

Following the publication of the article, Lt-Col Khin Maung Win, the retired officer in question, sued then-resident reporter Maung Me and then-editor Ko Sai Sai, as well as Pyone Cho, the farmer who was quoted in the story.

The trial started in September 2013, and after over 50 court appearances spanning 2 1/2 years, the three accused were finally sentenced on Tuesday, with a choice between a fine of 20,000 kyats each or six months' imprisonment; they paid the fine.

Ko Sai Sai, the former editor of The Ladies Journal, restated his innocence, saying that he had had no intention of personally attacking the retired officer, but had published the article because it included information that he felt the public had a right to know.

"I don't think the court decision is fair even though it is just a fine," Ko Sai Sai said. "It is ridiculous to charge the media with defamation, I think. In my view, we can even write [against] the president when there is a truth that people should know."

This is the second case of punishment handed to journalists under the country's civilian-led government; during the first week in June, a Mandalay-based reporter working for the BBC's Burmese-language news service was sentenced to three months' imprisonment—with hard labor—on police assault charges.

In the last week of June, the Burma Army filed a lawsuit against the 7 Day Daily local news outlet over a story which included former general Shwe Mann's message to graduates of the Defense Services Academy urging them to work with the country's newly-elected democratic government. Later, the military dropped the lawsuit.

Translated from Burmese by Thet Ko Ko.

The post Journalists, Farmer Fined Under Defamation Charge appeared first on The Irrawaddy.

In Western Burma, a Town Ravaged by the Drugs Trade

Posted: 13 Jul 2016 08:25 PM PDT

After receiving a tip-off, police in Kalay, Sagaing Division, caught a man with 1.2 grams of heroin and a bottle containing a few methamphetamine tablets. (Photo: Swe Win / Myanmar Now)

KALAY, Sagaing Region — On a cloudy afternoon in June, Lt Bo Bo Win Htut and several officers of Kalay Police Station were hiding in the long grass near a bridge outside of the Sagaing Division trading town.

Dressed in plain clothes, and with backup provided by a local armed militia and members of the civil service, they waited to ambush a small-time drug dealer heading to Tamu, a town on Burma's western border with northeast India located some 80 km from Kalay.

As dusk fell, a middle-aged man and a young man on a motorcycle covered with mud popped up and crossed the bridge. With his hand on the pistol in his waist, Bo Bo Win Htut jumped onto the road and blocked the bike. Other officers simultaneously surrounded the two and then handcuffed them.

"Give it up openly, if you have any material," said the officer, but the men did not respond.

Maung Maung, 45, was found to be carrying 1.2 grams of low-grade heroin and a bottle of what appeared to be methamphetamine pills. The young man on the bike, a 21-year-old university student named Aung Kyaw Kaung, was also taken in.

After receiving a tip-off, police in Kalay, Sagaing Division, caught a man with 1.2 grams of heroin and a bottle containing a few methamphetamine tablets. (Photo: Swe Win / Myanmar Now)

After quickly questioning the detained, police sped off to West Khone Thar Village, located on Kalay's outskirts, to find a man who allegedly provided the confiscated drugs. At 8 pm, they arrested Maung Maung Oo, a man with a criminal record for dealing, but no narcotics were found at his bamboo hut.

It was June 26, the International Day Against Drug Abuse and Illicit Trafficking, and Kalay police allowed Myanmar Now reporters to join their operations to show they were combating the rampant narcotics trade in Kalay, a rundown market hub of around 400,000 inhabitants—a mix of Bamar and ethnic Chin—in the mountainous border region.

In other cities that day, top police officers held their annual ceremonies to burn large amounts of seized illicit drugs. In the former capital Yangon, state media reported, US$20 million worth of narcotics was torched in the presence of representatives of the United Nations Office of Drugs and Crime (UNODC).

Despite such public shows of intent, Myanmar authorities have long failed to stem the vast, entrenched narcotics trade. In lawless conflict areas in the country's rugged north, pro-government militias, transnational criminal gangs and some ethnic rebel groups produce vast amounts of opium, heroin and methamphetamine that are destined for China, Thailand, India, and the domestic market.

After quickly questioning the detained, police sped off to West Khone Thar Village, located on Kalay's outskirts, to find a man who allegedly provided the confiscated drugs. (Photo: Swe Win / Myanmar Now)

Much of the law enforcement response has focused on arresting drug users and small dealers for illegal possession, which carries stiff penalties under Burma's drug laws.

Asked if they were making gains against the Kalay drug trade, Lt Bo Bo Win Htut sighed and said, "You arrest one dealer, but then ten more pop up."

His officers made about 80 drug-related arrests in the past half-year, he said, adding that because of the mountainous terrain and lack of resources, police struggled to catch any ringleaders.

"The big drug dealers drive land cruisers, but we have only motorbikes," he said. "They know their areas well, but we don't, and the locals there are also not very helpful…If you are unlucky, you could even get shot."

'Heroin is Much Cheaper Here Than Beer'

In the last five to ten years, drug abuse has reached crisis levels among Burma's ethnic communities in Kachin and Shan states, as well as in transport nodes and border towns such as Lashio, Muse, Kalay and Tamu.

Police raid the house of Maung Maung Oo in Western Khone Thar Village near Kalay, Sagaing Division, on June 26. He was arrested earlier for drug possession, but no drugs were found in his home. (Photo: Swe Win / Myanmar Now)

Transnational drug-smuggling routes pass through the towns. Vast amounts of precursor chemicals—such as pseudo-ephedrine, which is used to make methamphetamine—are imported illegally from India and China and flow through the border towns.

In the mountains surrounding Kalay, poverty-stricken ethnic Chin farmers are reportedly also turning to opium poppies to sustain their livelihoods.

On June 26, Maung Maung and his nephew Aung Kyaw Kaung, were taken handcuffed to Kalay Police Station to be photographed, along with the other alleged dealer, Maung Maung Oo. The mother of Aung Kyaw Kaung came to visit him and wept at the sight of her son in handcuffs.

Just eight months before, Maung Maung had been released after serving a prison term for a drug offense. "I used to be a truck driver and got a lot of back pain from my job—that's why I started using drugs and became involved in this business," he told a reporter.

Si Thu Win, an emaciated-looking young man loitering on Kalay's streets, told Myanmar Now later that drug addiction was a widespread problem in Kalay. "You can buy heroin easily here—it's much cheaper than beer," he said, adding that he tried repeatedly to quit drugs but failed.

According to data collected by the UNODC in 2014, there are 1,200 injecting drug users in Kalay, making it one of the cities with highest number of users after Mandalay, Lashio, Yangon, and several towns in Kachin State.

Dr. Htet Myat Soe, a physician at Kalay Hospital who specializes in drug addiction and related psychiatric issues, said 200 addicts receive methadone at the state-run hospital every day in order to wean themselves off heroin and opium.

"The main problem is that when they meet their old friends they tend to relapse," he said.

Police raid the house of Maung Maung Oo in Western Khone Thar Village near Kalay, Sagaing Region, on June 26. He was arrested earlier for drug possession, but no drugs were found in his home. (Photo: Swe Win / Myanmar Now)

Police Net Only 'Small Fry'

According to police records obtained by Myanmar Now, a total of 35,481 people were arrested across the country between 2011 and 2015 on drug-related charges.

One of them was a 38-year-old ethnic Chin man from a village in the mountains around Kalay who only give his name as Thang. He was imprisoned in 2012 for drug trafficking and released last August.

Thang explained in an interview that he was assigned by traffickers to move pseudo-ephedrine coming from India. He would pick up the precursor chemicals at various places around Kalay and bring it to a warehouse.

"Then someone above me would go and carry all of those materials down to Mandalay," he said.

Kalay Prison and the prison labor camps around the city are filled with poor Chin who had become drug users and small dealers like him, Thang said, estimating that more than half the prison population was arrested for drugs.

Maung Maung Oo and his cousin Aung Kyaw Kaung (right), a university student, were arrested for drug possession on June 26. Aung Kyaw’s mother broke into tears when she saw her son at Kalay Police Station. (Photo: Swe Win / Myanmar Now)

Lalremthang, a Chin community activist, said poverty among her people was driving the Chin into the trade and drug abuse. "They have nothing for their survival. So they turn to the drug trade, for which they don't need any capital," she said.

In recent years, as sweeping reforms ripple through Myanmar's government, there has been a growing recognition among top law enforcement officers that harsh penalties for drug users and small dealers—who often spend years in prison for possession of small quantities of drugs—are ineffective in combating the drug trade and abuse problems.

Dr. Win Mar, UNODC Burma's national program specialist for HIV prevention and care, said the police approach to drug users was slowly changing. "But drug users are sometimes still targeted during special operations," she said.

Incapable or Corrupt Cops?

While Kalay's prisons overflow, the drug trade continues unabated, addiction levels stay high and few ringleaders are arrested, said Aye Aye Mu, a Lower House lawmaker who holds a seat in Kalay for the ruling National League for Democracy (NLD).

"Authorities hardly arrest any major drug traffickers—instead they arrest many users," she told Myanmar Now. Aye Aye Mu said police had failed to break up drug rings because of a lack of capability and resources, or because they are corrupted.

Precursor trafficking routes from India to Burma. (Photo: Burma's Central Committee for Drug Abuse Control)

"They will definitely know the prominent drug traffickers. I wonder why they have difficulty arresting these traffickers," she said, adding that the central government should boost law enforcement efforts in Kalay.

In 2013, a special police team from the capital Naypyidaw investigated allegations of corruption in the Kalay police force. A district-level officer and several of his lower-ranking officers were later dismissed or imprisoned.

Kalay Police Chief Lt-Col Tin Zaw Tun told Myanmar Now that his force was now clean, but struggled to fight the trade due to high demand from traffickers in India, who use the Indian border town of Moreh and the Reed Mountain Range in Chin State to move drugs.

Kyi Ya Aung, 35, is a former addict and member a local volunteer group Kalay Lwin Pyin, which helps communities hit by last year's devastating floods.

He said the continuous influx of cheap drugs made it nearly impossible for Kalay addicts to quit, adding that he recovered after he left for Yangon, where he worked for 10 years as a trader before returning to Kalay.

Kyi Ya Aung said he had only one piece of advice for local addicts wanting to quit the habit: "Drugs are so abundant here… get out of the town."

(Edited by Paul Vrieze and Ros Russell)

This story first appeared on Myanmar Now.

The post In Western Burma, a Town Ravaged by the Drugs Trade appeared first on The Irrawaddy.