Monday, July 17, 2017

Shan Herald Agency for News

Shan Herald Agency for News

THE ROW BETWEEN THE MILITARY AND NLD: Casting aspersions or blocking constitutional amendment?

Posted: 17 Jul 2017 03:28 AM PDT

Within just a little more than two months, the Tatmadaw or the Military has complained twice in a row of the National League for Democracy's (NLD) top functionaries in what amount to sensitivity over casting aspersions on it's political image and posture, which have led to bad press coverage, including the degradation of its self-appointed, sole protector of national sovereignty and national unity bastion role.

In May, the NLD Central Executive Committee's secretary, Win Htein was accused of tarnishing the image and reputation of the Tatmadaw during his meeting with the reporters.

According to Myanmar Times, on May 3, a Facebook account named "NLD Central News" that went online in April 29, posted on its page that President U Htin Kyaw would resign after State Counselor and Foreign Minister Daw Aung San Suu Kyi returns from her visit to Europe.

On May 4, Win Htein told reporters that some individuals or organizations were targeting the party by spreading fake news concerning the actions of certain party officials and those in authority.

The Military statement, quoting Win Htein answering a reporter during the May 4 briefing said, "It is difficult to tell who the suspects are because we are hearing a lot of things on the matter. Was it the USDP [Union Solidarity and Development Party]? Was it done by some Tatmadaw organizations? Did some IT experts who don't like us do it? It is hard to say."

However, Win Htein responded to the Tatmadaw's accusation with humor saying that he felt like being pelted with a flower.

"They themselves said it. It wasn't even in my words. I just answered the question when asked who I thought it was that was distributing fake news. I answered that it could be this or that person. I did not accuse anyone directly. Their response has no effect on me, it feels like they are throwing flowers at me," he told the reporters at the Sibin guest house in Nay Pyi Taw after the CEC meeting on May 6, according to the Myanmar Times.

At a workshop funded by USAID – to help integrate the former political prisoners back into the society - held on July 9 in Yangon, Phyo Min Thein, Yangon Chief Minister, warned participants that the country is still moving toward becoming a full-fledged democracy.

"There are no civil-military relations in the democratic era. The military should be under civil administrative rule and the commander-in-chief position is the same as a director-general in accordance with protocol. But we are now dealing with the [commander-in-chief] as head of state. This is not democracy," Phyo Min Thein said.

Tatmadaw's response

On May 11 and 12, the Tatmadaw's press team released statements that said Phyo Min Thein's comment had hurt relations between the government and the Military.

Myanmar Times reported: "U Phyo Min Thein's reckless and confrontational comment on the Tatmadaw and its commander-in-chief is damaging the government's goal of national reconciliation and the process of building a long-term relationship between the government and Tatmadaw, and the people and Tatmadaw. Therefore, the Yangon chief minister is deemed a person creating obstacles," quoting the statement.

Apart from that, the statement said that Phyo Min Thein is not suitable for "constructive and long-term" relations and the Tatmadaw wants the government to take action against him, adding that his  "no civil-military relations in a democracy'"clearly showed his observation weakness, regarding the important role of the Tatmadaw in nation-building, and  harboring confrontational nature.

To drive home its message, the statement stressed: "U Phyo Min Thein's comments on the commander-in-chief who is on an overseas trip, is an attempt to offend the armed forces and its chief and damages the Tatmadaw chief and the Tatmadaw's images."

The statement also cited the government announcement of June 3, 2016, which ranked the commander-in-chief eighth in order of precedence (protocol) from 38 people on the list of state protocol. Accordingly, state and regional ministers are ranked at 36.

Backing and reprimanding of NLD leadership

According to July 12 video report of  DVB, Nyan Win who is on the party's central executive committee (CEC), defended Phyo Min Thein , saying there is no reason to take action against  him if the Tatmadaw accepts the truth.

He made his point by saying: "It is true that the commander-in-chief is the head of governmental organization and directors-general are heads of their civilian organizations as well, so they are on the same level."

But added: "The fact that the commander-in-chief is more powerful due the political configuration (the military-drawn 2008 constitution) has nothing to do with it and according to the said (theoretical) thinking, they are the same level."

He further stressed: "According to the (2008) constitution, commander-in-chief is a lot more higher. But our party has been continuously saying that this is absolutely wrong from the beginning. So we cannot give in (or change) our stand, just because it is included in the constitution. Things that are included in the constitution are not all correct and have lots of mistakes; in all 168 points (clauses) have to be corrected."

However, on July 13, the NLD leadership warned Phyo Min Thein for his statement and the on July 14, the following day, issued an internal memo which said: "The party's CEC has warned U Phyo Min Thein for what he said at a workshop held in collaboration with USAID . . . CSOs and Media in Yangon on July 9," according to the report of The Irrawaddy, which claimed to have seen the memo, on July 16.

In addition, on July 16, Ministry of Defense Office issued a statement that Phyo Min Thein's letter of apology addressed to the commander-in-chief on July 13 has been received. But nothing was mentioned on whether the issue has been resolved from the Military's point of view.

Earlier on July 13, government spokesperson Zaw Htay said that the Yangon Chief Minister's remarks on the army  chief's position do not reflect the government's stance and  had "caused misunderstandings between the government and  the military."

According to The Irrawaddy, Zaw Htay said: "Those comments caused misunderstandings between the government and the military. As  the chief minister is responsible [for what he said], we have instructed him to do what he  needs to do."
When pressed for further detail, the spokesperson said: "We can only  share that so far."

Perspective and outlook

The row between the Tatmadaw and Phyo Min Thein is an existing latent conflict caused by the hybrid civilian-military political system which has been there from the beginning and is programmed to come out in the open every now and then, from time to time.

While the Suu Kyi-led NLD is hoping that in due course the Military could be wooed or would change its mind and become democratic, the Military in turn is driving to convince the NLD to accept the quasi-civilian unitary system rule as a model where it could maintain its political edge for as long as it is needed.

The military knows what it wants and what to do, but the NLD doesn't seem to have any strategy on how to achieve its goal of fully-fledged democracy except to appease the military so that it is not to upset and resort to total control of the polity through emergency rule or coup d'etat.

The recent protest on Yangon chief minister Phyo Min Thein by the Military for casting aspersion on its commander-in-chief is actually just part of the problematic relationship which stems from civilian-military hybrid government system that has plagued the country from the outset.

But if one looks at the situation deeper the two episodes are linked to the bigger picture of constitutional amendment.

It is clear that in a democratic form of governance the military has to take orders from the elected government.

The Aung San Suu Kyi headed NLD regime comes into being through the popularly elected votes, with the slogan of "time to change", albeit for only 75% of seats, as the 25% is reserved for the appointed Military's MPs according to the military-drafted constitution.

Under such circumstances, the NLD government functions as a coalition partner of the Tatmadaw although there is no existence of clear and transparent coalition contract like it supposed to be in developed democratic countries. But, of course, no one knows for sure if there are unwritten verbal understanding between the Military and Suu Kyi, as she has met General Than Shwe, prior to the take over of the government from its predecessor regime, who is considered to be still influential on the Military establishment and was the one that installed the present commander-in-chief Min Aung Hliang.

But regardless of such speculation the reality in actual political arena is that the two coalition partners are locked in an unspoken confrontation to further their ambitions. While the NLD is tasked with having to deliver the aspirations of the electorate which is the installation of fully-fledged civilian government, the Military is determined to protect and nurture it political edge for the benefit of its organization, if not just for its group survival made up of the military top brass.

To this end, the military has been making use of a variety of coordinated approaches and tactical moves to maintain its political supremacy . Such as:

·        Making use of the NLD's legitimacy to open up sanctions, including the normalization of military relationship with the West and beyond;

·        Maintaining its veto power on constitutional amendment and political edge through the military-drafted constitution – as it is vested with power to run the most important ministries of home, defense and border affairs, including 25% appointed MP seats in all levels of the parliaments;

·        Employing Unlawful Association Act Article 17(1) and Telecommunication Law Section 66(d) to quell resistance in ethnic states and general control for all activities countrywide that it considers to be against its interest;

·        Keeping the war flames on by excluding some of the Ethnic Armed Organizations (EAOs), conducting offensives in ethnic areas and rejecting all-inclusiveness participation in the peace process;

·        Giving lip service to federalism while openly vowing to protect the military-drafted constitution, which in no way could be argued as being a federal constitution,  to its utmost, including blocking the amendment of the constitution that would weaken its control in general;  and

·        Through its refined push and pull maneuver has managed to push the NLD to endorse its stance or tacit approval against all-inclusiveness and its hard-line policy that has led to the international accusation of human rights violations in Arakan, Kachin and Shan States, among others.

The NLD on the other hand seems to be now resigned to treading lightly more than ever, where the constitutional amendment is concerned after some attempted failures within the parliament, due to the 75% approval ceiling needed by the parliamentarians to make amendment proposal even to sail through the first motion in the parliament.

Older members mostly tend to favor to go slow and refrain from challenging the military on constitutional amendment. But younger members are frustrated and want to accelerate the change that the NLD has promised in its election campaign manifesto. Thus, a certain latent conflict could be said to exist within the rank and file of the party. In general, the NLD has been echoing the Military's position to restore peace first and constitutional amendment later.

Recently, Win Htein talked and argued that the NLD is still on the ball and that gradual changing of constitution is the way to go, by using the Burmese words "da saint saint" evolutionary change, which could be translated into"seeping in slowly", whatever he meant to say by that.

Given such an atmosphere, the Military and the NLD latent conflict will linger on and rows such as Phyo Min Thein, Win Htein and Military would definitely pop up now and then again. But for now the constitutional amendment is being pushed back to be a back-burner, at the expense of the electorate that have weighed in their lot, believing that Suu Kyi and her NLD would be able to deliver on their election campaign manifesto of "time to change".

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Sunday, July 16, 2017

The Irrawaddy Magazine

The Irrawaddy Magazine

Rohingya Villagers Tell Media of Army Abuses

Posted: 15 Jul 2017 10:56 PM PDT

KYAR GAUNG TAUNG, Rakhine State – Rohingya Muslim women lined up to tell reporters of missing husbands, mothers and sons on Saturday, as international media were escorted for the first time to a village in Myanmar's northern Rakhine State affected by violence since October.

"My son is not a terrorist. He was arrested while doing farm work," said one young mother, Sarbeda. She had bustled her way – an infant in her arms – through several other women telling reporters their husbands had been arrested on false grounds.

In November, Myanmar's army swept through villages where stateless Rohingya Muslims live in the area of Maungdaw.

Some 75,000 people fled across the nearby border to Bangladesh, according to the United Nations.

UN investigators who interviewed refugees said allegations of gang rape, torture, arson and killings by security forces in the operation were likely crimes against humanity.

Myanmar's government, led by Nobel laureate Daw Aung San Suu Kyi, has denied most of the claims, and is blocking entry to a UN fact-finding mission tasked with looking into the allegations.

The government has also kept independent journalists and human rights monitors out of the area for the past nine months.

This week, the Ministry of Information escorted more than a dozen foreign and local journalists representing international media, including Reuters, to the area under a guard of officers from the paramilitary Border Guard Police.

Brutal Tactics

The reporters spent nearly two days in Buthidaung, a township in Maungdaw district of Rakhine State, where they were taken to sites of alleged militant activity.

They were taken to Kyar Gaung Taung, one of three settlements requested by the journalists. Officials cited time constraints for the limited access.

Reuters had previously gathered accounts from residents by phone and from former residents who have fled to Bangladesh, of brutal counterinsurgency tactics unleashed in Kyar Gaung Taung and several nearby villages in mid-November.

When a group of journalists insisted on speaking to villagers away from security forces, allegations of abuses by troops emerged almost immediately.

Kyar Gaung Taung resident Sarbeda, 30, had been able to visit her son, Nawsee Mullah, 14, at a police camp where he is being held separately from adult detainees. She was not sure if he had a lawyer, she said.

Reuters reported in March that 13 boys under the age of 18 were detained during security operations. They were included in a list of 423 people charged under the colonial-era Unlawful Associations Act, which outlaws joining or aiding rebel groups.

At least 32 people from Kyar Gaung Taung village had been arrested and 10 killed, said a village schoolteacher, who asked not to be named for fear of reprisals. He estimated that half the village's 6,000 residents had fled during the clearance operation.

Burned to Death

Another villager, Lalmuti, 23, pointed to a small pile of ashes where she said she found her father's remains. She described how he was bound and thrown into a house and burned to death.

Her mother was later arrested when authorities deemed her complaint about the killings to be fabricated. She is serving a six-month jail sentence, Lalmuti and two other villagers said.

Reporters were not given a chance to put these allegations to authorities, and Reuters was unable to reach officials to confirm the details of the cases by phone.

In a press briefing on Friday, Brig-Gen Thura San Lwin, commander of Myanmar's Border Guard Police, said some villagers had made what he said were erroneous claims and were subsequently charged and jailed for lying to the authorities.

"The media said we torched houses and that there were rape cases – they give wrong information," Thura San Lwin told reporters.

He also disputed the UN's estimates for the number of people who fled, claiming local records showed that only 22,000 people were missing in the conflict.

Myanmar officials say a domestic investigation, led by Vice President Myint Swe – a former lieutenant general in the army – and a commission headed for former UN chief Kofi Annan – which is not mandated to investigate human rights abuses – are the appropriate ways to address problems in Rakhine State.

The post Rohingya Villagers Tell Media of Army Abuses appeared first on The Irrawaddy.

NLD Warns Yangon Chief Minister for Controversial Remarks

Posted: 15 Jul 2017 10:10 PM PDT

YANGON — Myanmar's ruling National League for Democracy party has warned the Yangon Chief Minister for his controversial remarks on the country's military chief, according to one of the party's secretariat members.

U Nyan Win told The Irrawaddy that the warning was made on Thursday.

"We can't reveal the details of the warning. We have issued an internal memo on Friday regarding the issue," he said.

The memo viewed by The Irrawaddy said: "The party's CEC has warned U Phyo Min Thein for what he said at a workshop held in collaboration with USAID . . . CSOs and Media in Yangon on July 9."

In his address at the event, the chief minister said: "There are no civil-military relations in the democratic era" and that "the military's commander-in-chief position is the same as the level of director-general, according to the [state] protocol."

The Myanmar military released a statement on Tuesday, urging the government to "take necessary actions" against Yangon Chief Minister U Phyo Min Thein regarding the remarks concerning the head of the military.

In another announcement made the following day, the army said Yangon's chief minister was not suitable for "constructive, long-term relations" with the army and called his comments about the military chief an "insult."

The Myanmar government spokesperson told The Irrawaddy on Thursday that the Yangon Chief Minister's remarks on the army chief's position do not reflect the government's stance and had "caused misunderstandings between the government and the military."

"As the chief minister is responsible [for what he said], we have instructed him to do what he needs to do," U Zaw Htay said.The NLD administration has attracted the military's ire with their comments twice. In May, the party's spokesperson U Win

Htein said he suspected that the military may have been involved in spreading rumors aimed at destabilizing the NLD government. When the military complained, he said he didn't intend to make accusations against anyone, and that his comments were a "slip of the tongue."

The post NLD Warns Yangon Chief Minister for Controversial Remarks appeared first on The Irrawaddy.
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Saturday, July 15, 2017

The Irrawaddy Magazine

The Irrawaddy Magazine

Landmine Explosions Kills Teenager, Two Men in Rakhine

Posted: 15 Jul 2017 09:05 AM PDT

YANGON – A teenager and two men were killed in a landmine explosion in Pyaung Pike village of northern Maungdaw, Rakhine State, on Saturday morning.

Four Muslims–the teenager, two men and a boy—were farming a paddy field between Ngasar Kyu and Pyaung Pike villages when the mine exploded, according to a statement from the State Counselor's communication team.

The group are thought to be Rohingya, a stateless minority in the region, although the government does not use the term, referring to them instead as "Bengali," implying they are migrants from Bangladesh.

Sweyut Dula, 14, was killed on the spot, while Pheran, 60 and Usman, 17, died after police brought them to Maungdaw general hospital at around 1 p.m., according to a police official. A fourth victim—12-year-old Kiman Husaung—was also taken to the hospital with non-life threatening injuries.

The statement said the farmers were returning to a hill for lunch at 11 a.m. when they stepped on the mine, adding that security forces cleared the mine blast area afterwards. It is unclear who planted the mine.

Earlier this week, the government gave access to 15 local and international media outlets to visit the conflict-torn Maungdaw for the first time since a military crackdown in the region in October, triggered by a group of insurgents attacking border posts.

The reporters planned to visit villages in northern Rakhine where state security forces have been accused of raping and killing Rohingya Muslims among other claims of human rights abuses during the crackdown.

The press pack, however, returned from Maungdaw to Rakhine State capital Sittwe on the advice of government officials after the mine exploded.

Security forces killed two militants and arrested another in northern Buthidaung Township's Tin May village last week, according to state media. Security forces are on high alert after a recent spate of machete killings in Rakhine's northern villages.

The post Landmine Explosions Kills Teenager, Two Men in Rakhine appeared first on The Irrawaddy.

Govt Warns Legal Action Against Ma Ba Tha For Ignoring Orders

Posted: 15 Jul 2017 12:52 AM PDT

YANGON — The government will take legal action against the Association for the Protection of Race and Religion, known by its Myanmar acronym Ma Ba Tha, if it does not remove its signboards across the country by Saturday, according to state media.

The State Buddhist Sangha authority—also known by its Myanmar acronym Ma Ha Na—banned Ma Ba Tha, a hardline nationalist group, from operating under its current name on May 23 and ordered it to take down its signboards by July 15.

In an announcement published on Saturday in state-run newspapers, the government said the group's members from Mandalay and Hpa-an of Karen State have been failing to follow the orders despite Ma Ba Tha leading monks agreeing to the restrictions.

"As the Ma Ba Tha members' failure to follow the order would harm the dignity of Ma Ha Na and the state stability, the legal action would be taken inevitably," read the announcement.

The post Govt Warns Legal Action Against Ma Ba Tha For Ignoring Orders appeared first on The Irrawaddy.

Dateline Irrawaddy: Telecoms Law Must be Amended to ‘Serve Its Intent’

Posted: 14 Jul 2017 11:26 PM PDT

Kyaw Zwa Moe: Welcome to Dateline Irrawaddy. This week, we'll discuss the Telecommunications Law, one of Myanmar's more controversial laws. There were over 70 lawsuits filed under the Telecommunications Law over the last year. Now, the President has made public the draft law amending it. We'll discuss whether the draft law will serve as good legislation for the people, and its pros and cons. Ko Than Zaw Aung of Myanmar Media Lawyers Network and Ko Zeyar Hlaing, editor of Mawkun Magazine, join me to discuss this. I'm The Irrawaddy's English editor Kyaw Zwa Moe.

We've read the draft law, which amends the Telecommunications Law. The law has roused much controversy among journalists; it was enacted under U Thein Sein's government in 2013, but it has been applied more frequently since the government of Daw Aung San Suu Kyi assumed office. So far, seven cases have been filed by the military, six by the NLD [National League for Democracy], and around eight by a third party on behalf of State Counselor Daw Aung San Suu Kyi. Of all these, 14 cases have involved charges against journalists. This is a high rate of incidence for just one year's time. Ko Than Zaw Aung, you might have read the draft law—what do you think are its advantages, and what disadvantages remain?

Than Zaw Aung: It is good that the draft law requires general power be granted [in order for a third party to file a lawsuit on behalf of an aggrieved party]. What is not good is that there is no [communications ministry] sanction required for courts to accept the lawsuit. There have been many cases brought forward, even while the [ministry's] approval has been necessary. So if the ministry's approval is made unnecessary, I wonder how the validity of lawsuits, especially from a technological perspective, will be determined. If a fake account defames somebody, who will take responsibility to determine who should be sued?

KZM: By approval, you mean that the approval of the Ministry of Communications and Transport is required for courts to accept the lawsuit according to the existing law. But in the draft law…

TZA: It is no longer needed to seek the ministry's approval to file lawsuit under Article 66(d). If the ministry's sanction is no longer necessary, who will take responsibility for checking if the [Facebook] accounts [that defame somebody] are fake accounts? I haven't seen judges taking expert opinions into consideration when hearing those cases at trial. Again, judges who administer justice for those cases might not be technologically literate.

KZM: The existing law allows the third party to file a lawsuit on somebody's behalf. As we have mentioned, any supporter of Daw Aung San Suu Kyi can file a lawsuit on her behalf if she is deemed to have been defamed. The court can accept the lawsuit, administer justice, and issue a jail sentence to the defendant. It is also the case for defamation involving the army chief: a soldier, or anyone, can file a lawsuit on his behalf. So, these new changes can be said to be positive as they no longer allow a third party to file a lawsuit.

TZA: Yes, it is good. It complies with the code of criminal procedures that a third party can file a lawsuit only with the general power given by the aggrieved party. But under the existing law, lawsuits are filed with or without general power.

KZM: We media feel that Article 66(d) [of the Telecommunications Law] is a real threat to the press. What is your assessment of Article 66(d) and the draft law?

Zeyar Hlaing: This concerns not only the media but also every netizen in the country, I think. We need to look at the intent of the law. It was intended to prevent coercion, defamation, disturbances, and so on. We should review whether the law has been applied for this purpose. As far as I'm concerned, the [communications] ministry has not been able to identify fake accounts [regarding the lawsuits filed under Article 66(d)]. Again, there is a need to review how many of those who use fake accounts in those lawsuits have been arrested. So far, I have found that only those who use real profiles have been punished under this law [as opposed to those who use fake accounts to defame and are still at large because the ministry could not identify them].

There is a need to review how many fake accounts—which spread hate speech and make threats against other organizations—have been punished under this law. Otherwise, this law is not able to prevent coercion and defamation as it was intended to do. So, we need to amend the law to make sure the law serves its intent. So far the law has only affected those who use real profiles and take responsibility for their words. Facebook pages of media outlets—for example, The Voice—though being present on social media, only publish reports that have been edited by editors with responsibility and accountability. This law has only been able to bully such people, but has not been able to stop those who are coercing others and spreading hate speech.

 

KZM: There were only seven such cases under U Thein Sein's government, and penalties were given in five cases. The number of cases has increased significantly under the new government. The question is to what extent the law serves its stated purpose. Another question is whether this law has been misused for political purposes; there have been more lawsuits filed for political reasons than for other reasons. What is your overall assessment of it?

TZA: My personal view is that Article 66(d) should not be enforced, as is the case for Article 34(d) of the Electronic Transactions Law. The draft law [amending the Telecommunications Law] does not introduce changes regarding punishment. There are provisions in the penal code that cover coercion, disturbances and so on. And there is Article 500 that deals with defamation. The government needs to consider that while the penal code carries two years' imprisonment [for defamation], the Telecommunications Law prescribes three years' imprisonment. The whole law was intended for the development of telecoms operators and telecoms networks. But it has been increasingly misused, and is less effective for its stated intentions.

KZM: Ko Zeyar Hlaing, what is your view? Do you support scrapping it, or do you have something else in mind?

ZYH: There are already existing provisions to sue for defamation. But more weight has been placed on it [because of the use of Article 66(d)], and this has put a heavier burden on the people. Particularly if a government calls itself a democratic government, it should respect and ensure the freedom of expression of individuals. In many cases, this article directly or indirectly affects freedom of expression, so the government needs to review this. When we told government officials that the penal code already had provisions concerning defamation, they said it only covered defamation in everyday quarrels between individuals, but that this form of defamation [penalized under Article 66(d)] is about online posts that can spread to the entire world within a short time.

KZM: They mean that such defamation could have a greater impact…

ZYH: Their argument is based on their own opinions. Those who use Facebook are not passive users, but active users. For example, Ko Kyaw Zwa Moe, if you write a fallacious or defamatory post, there will be people who defend your argument, and there will be a debate under your post. Social media platforms are different from traditional media… If you think somebody has written something wrong, you can respond to it within seconds or minutes. So, there are questions—don't the concerned authorities understand this, or are they technologically illiterate, or are they just basing this on their own opinions?

KZM: More than one year after the NLD government came to power, this article remains unchanged. The government is taking steps to change it now after it has caused much controversy. Anyway, now we can draw the definite conclusion that the neither the government nor the Parliament will scrap this law. It will remain, though there will be changes. So, to what extent do you think the new changes will prevent the law from being misused?

ZYH: We'll see when the [final] draft law comes out. Nearly two-dozen civil society organizations, including groups lobbying for the amending of 66(d), have proposed a dozen changes to the law. Those groups have reviewed the law and presented recommendations. And we also met with the communications minister some three weeks ago. But our recommendations were not adopted in the draft law. This indicates the [lack of] goodwill from the government. The Parliament will hold a public hearing on the law, so if those groups can go and explain [their recommendations] in the Parliament—and if the parliamentarians have goodwill—hopefully the law can be changed, more or less. But then again, since both the [majority of] Parliament and the government belong to the same party, there is not much hope of change. However, this is my personal view.

 

KZM: Ko Than Zaw Aung, Ko Zeyar Hlaing, our discussion has mainly been about 66(d). But as everyone knows, one reporter from our news agency The Irrawaddy and two from DVB [Democratic Voice of Burma] were charged [by the military] recently under Section 17(1) [of the Unlawful Associations Act]. But at the same time, there is a Media Law. Everyone says that they were just doing their jobs as journalists and must be able to communicate with armed groups or rebels. In such cases, to what extent does the media law can protect journalists? Or to what extent can the [Myanmar] Press Council or the Information Ministry intervene in line with law?

TZA: As you see, those things happened, and there was no chance for negotiation. The Media Law itself has no negotiating power, though the law says negotiations may be made. Again, it does not include provisions for the protection of journalists, though it includes a list of guidelines—for example, how to gather news in conflict areas. Besides Section 17(1), there are many other articles in legislation and in the penal code that can be used to prosecute journalists. The Media Law must be changed to ensure that journalists are charged only under this law itself, in case they are prosecuted in connection with their jobs as reporters. And the Press Council now needs to think about how to intervene in real time in such cases. In the case of the arrest of three journalists, we didn't see such interventions.

KZM: As Ko Than Zaw has said, the concerned organization and ministry have not taken any active steps toward intervening. Frankly speaking, the Ministry of Information and the Myanmar Press Council are responsible for doing this. What are your recommendations for them regarding the protection of journalists if they are arrested for doing their jobs?

ZYH: I think the information ministry only cares about publishing the news of the government. It doesn't seem to have an agenda to promote press freedom and protect journalists. However, the Myanmar Press Council is responsible for promoting and protecting freedom of expression according to the Media Law.

KZM: It is its mission…

ZYH: It should keep its mission [alive]. And as far as I'm concerned, the new government has oppressed the mainstream media. The government has started this and sued Eleven Media. And the military sued The Voice, which is one of the leading newspapers in the country. And it sued [reporters from] The Irrawaddy and DVB, which have been active media outlets since they were in exile. I think the authorities are doing this to make an example of them. Such an idea has been deep-rooted in our country since previous eras. I believe authorities have made an example of them, and journalists will have to exercise extra caution.

KZM: As Ko Zeyar Hlaing and Ko Than Zaw Aung have discussed, this will largely depend on the Parliament. We'll wait and see to what extent things will develop in a positive direction. Thank you for your contributions!

The post Dateline Irrawaddy: Telecoms Law Must be Amended to 'Serve Its Intent' appeared first on The Irrawaddy.

The Irrawaddy Business Roundup (July 15)

Posted: 14 Jul 2017 09:30 PM PDT

JobsNet Announces Awards for Best Employers

The first awards system recognizing leading Myanmar employers has been announced by the jobs portal JobNet.com.

The Myanmar Employer Awards will consider firms conducting best practices in human resources, including organizational development, talent recruitment, compensation and benefits, and workplace culture and design.

Nurturing human talent is critical to boosting productivity, general standards of living and long- term economic growth in Myanmar, according to JobNet.

"The Myanmar Employer Awards will create awareness among local and international employers, government bodies and the community as a whole regarding the importance of talent management to drive business profitability and the growth of Myanmar as a stronger nation," said Matt de Luca of the company.

"Combining international practices with Myanmar work culture is a delicate process which must be nurtured if the fast pace [of growth] is going to be sustained," according to a company statement.

The awards will be given to local and international companies and will include an Overall Best of the Best, People's Choice Award, Best Learning & Development, Excellence in Workplace Environment, Best Use of Internal Marketing for Company Pride, Best Career Advancement Program, and the Best Use of Rewards & Recognition.

A panel of nine local and international judges will be headed by Prof. Dr. Aung Tun Thet, former government economic advisor. Deloitte Myanmar will participate as the verifying partner.

Companies may start submitting applications from July 28. The awards will be presented at a ceremony at the Sule Shangri-La Hotel in Yangon on November 24. Further information is at www.myanmaremployerawards.com.

Shell Petrol and Retail Stations on the way

Max Energy has signed a license agreement with the international energy firm Shell to introduce its brand of retail sites in Myanmar, DealStreet Asia reported.

The deal is with Shell Brands International AG, a subsidiary of Royal Dutch Shell, and it will see a nationwide roll-out of the branded petrol stations and retail outlets on sites owned and operated by Max Myanmar over three years.

Fuel supply will be handled by Shell International Eastern Trading Company based in Singapore, the company announced.

"This will benefit Myanmar by raising the quality and standard of fuels and providing an unrivalled customer service and experience for people," said U Zaw Zaw, chairman of Max Myanmar.

Max Energy currently has 18 fuel stations in Yangon and others in the Ayeyarwady Region, Mandalay, Bago, Naypyidaw, Sagaing Region and Mon State.

"This long-term agreement with Max Energy will provide the people of Myanmar with Shell's high quality fuels and lubricants, excellent customer service and a range of convenience products and services designed to meet the needs of busy motorists and other customers," said Yasuko Yoshida, country chair of Shell Myanmar.

Moreh-Imphal Highway Upgrade Gets Go-Ahead

India's government said on Thursday that it has given the green light to widen and upgrade a 65-kilometre stretch of highway from Imphal in Manipur to Moreh on the Myanmar border, the Economic Times reported.

The upgrade is part of the fulfilment of India's 'Look East' policy, according to an Indian government statement.

India's roads and transport minister Nitin Gadkari told reporters that the project was being developed with loans assistance from the Asian Development Bank (ADB) under the South Asian Sub-Regional Economic Cooperation (SASEC) Road Connectivity Investment Program. The program aims to upgrade road infrastructure in Bangladesh, Bhutan, Nepal and India (BBIN) in order to improve regional connectivity.

The road section is also a part of the long-touted Asian Highway project which aims to boost connectivity throughout Asia and improve links to Europe.

After completion of the four-lane upgrade, travel time on the journey is estimated to reduce from the current three-and-a-half hours to one-and-a-half hours.

Road safety features including underpasses, crash barriers, lay-bys, road signs and service roads to segregate slow-and fast-moving traffic, will reduce accidents and help save fuel costs, an Indian government statement said.

Program Aims to Boost Business in the Regions

A three-year plan to improve business competitiveness and economic growth in the states and regions has been launched by the Asia Foundation and the DaNa Facility, with funding from the UK's Department for International Development.

The keystone of the program will be a survey called the Myanmar Business Environment Index (Myanmar BEI), which will identify constraints and areas for improvement in the regulatory environment for business at the state and regional level.

The goal is to facilitate private sector development and remove unnecessary bureaucratic obstacles as well as opportunities for rent-seeking.

In this way, the survey will serve as a diagnostic tool for evaluating the local business environment, according to an Asia Foundation statement.

"For many Myanmar micro, small, and medium enterprises, the first engagement with government is at the township level, whether this involves business registration, tax collection, or inspection of a business," said Dr. Kim Ninh, country representative for foundation. "To improve the business environment in Myanmar, a better understanding is needed of the aspects of local economic governance that facilitate or restrain day-to-day business activity."

"Achieving sustainable and inclusive economic growth in Myanmar requires a better business environment in each of Myanmar's states and regions," said Peter Brimble, team leader for the DaNa Facility which will operate the program.

The BEI will also reinforce efforts to develop state and region investment promotion and facilitation strategies.

The project will involve nationwide surveys in the first and third years, with extensive outreach and dissemination in years two and three.

The Asia Foundation is a nonprofit international development organization which works governance and law, economic development, women's empowerment, environment, and regional cooperation.

It has pioneered and implemented similar business indices in other locations, including Vietnam's Provincial Competitiveness Index, along with related tools in Indonesia, Sri Lanka, Bangladesh, Cambodia, and Mongolia.

Banks Must Maintain 20 percent Liquidity Ratio

The Central Bank issued a regulation last week that requires all banks to maintain a liquidity ratio of 20 percent at all times.

Banks must calculate their liquidity ratio daily and report weekly averages to the Central Bank, according to the regulation.

Penalties apply in the case of the non-compliance with the regulation issued under the Financial Institutions Law and the Central Bank of Myanmar Law, which went into immediate effect.

The post The Irrawaddy Business Roundup (July 15) appeared first on The Irrawaddy.

This Week in Parliament (July 10-14)

Posted: 14 Jul 2017 09:18 PM PDT

Monday (July 10)

In the Lower House, in response to a question from Mingin Township lawmaker U Maung Myint, Minister for Transport and Communications U Kyaw Myo said his ministry had acquired lands for a National Database Center in Naypyitaw's Zabuthiri Township and would begin construction in 2018; and that infrastructure had been built across the country to share the information from the center in real time.

The Upper House approved a discussion of the proposal of Bago lawmaker Dr. Win Myint, which urged the Union government to open a fishery university for the sustainable development of the fishing industry, conservation of fish stocks and water resources, food sufficiency, rural development and poverty reduction.

Tuesday (July 11)

In the Union Parliament, Union Minister for Natural Resources and Environmental Conservation U Ohn Win explained the President's proposals to ratify the Doha Amendment of the Kyoto Protocol and the Paris Agreement on Climate Change.

Wednesday (July 12)

In the Lower House, Pyin Oo Lwin Township lawmaker Dr. Aung Khin asked the government if it would implement the Yadanabon Cyber City Project near Pyin Oo Lwin on nearly 10,000 acres of lands seized for the project as soon as possible, or return the inactive lands to local farmers. Deputy Construction Minister U Kyaw Lin said his ministry had no plan to return the 9,893 acres of seized land for farming, and that the project would continue.

In the Upper House, lawmakers discussed regional development works in their respective constituencies.

Thursday (July 13)

Mingin Township lawmaker U Maung Myint of the Union Solidarity and Development Party (USDP) urged the Union government to regulate literary talks, claiming that some talks were rallying support for the National League for Democracy (NLD) and its government. Union Information Minister U Pe Myint replied that every citizen was entitled to freedom of expression enshrined in the Constitution, and his ministry had imposed regulations to make sure people did not exploit this freedom.

The Lower House approved discussion of the proposal of Mandalay Division lawmaker Dr. U Hla Moe, which urged the Union government to air an educational TV channel to facilitate the country's educational reforms.

It also approved discussion of the proposal of Magwe Division lawmaker U Kyaw Aung Lwin, which urged the Union government to effectively tackle widespread illegal logging across the country in line with the law.

It also approved discussion of Kachin State lawmaker U Lin Lin Oo's proposal, which urged the Ministry of Natural Resources and Environmental Conservation and the Kachin State government to take the lead in handling illegal gold and amber mining in Kachin State's Tanai and Hpakant townships.

In the Upper House, Deputy Minister for Transport and Communications U Kyaw Myo submitted the draft law to amend the controversial 2013 Myanmar Telecommunications Law. The draft law proposes five changes, including granting bail for defendants in certain cases and no longer allowing third parties to file lawsuits on behalf of an aggrieved party.

Friday (July 14)

In Union Parliament, Planning and Finance Minister U Kyaw Win put forward the Aungbarlay State Lottery draft law, which includes an electronic lottery system in which people can buy lottery tickets through their mobile devices and computers.

The post This Week in Parliament (July 10-14) appeared first on The Irrawaddy.
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Shan Herald Agency for News

Shan Herald Agency for News

Prospect of the Karenni and Mon in the wake of uncertain UNFC's subsistence

Posted: 08 Jun 2017 08:30 PM PDT

After the Kachin Independence Organization (KIO) resignation, followed by the Wa National Organization (WNO), the hitherto United Nationalities Federal Council (UNFC) members of seven has been left with just five members. And of the remaining five, one of them – the Shan State Progress Party (SSPP) - has also joined the Pangkham alliance, also known as Federal Political Negotiation Consultative Committee (FPNCC), together with the KIO and thus the UNFC couldn't be sure, if the remaining members count would be four or five. But at least for now, it could be counted as five, because the SSPP has not resigned from the UNFC, although at the same time, it is also the Pangkham alliance member.
UNFC members are KIO; SSPP; New Mon State Party (NMSP); the Karenni National Progressive Party (KNPP); the WNO; the Lahu Democratic Union (LDU); and the Arakan National Council (ANC)
If one now leaves aside the Arakan National Council (ANC) and Lahu Democratic Union (LDU), the two organizations within the UNFC, as both hardly have any fighting force, only the KNPP and the  NMSP would be left as important and countable forces that have round about between 600 to 1000 troopers each.
While the said two Ethnic Armed Organizations (EAOs) have fighting forces not comparable to some of the big EAOs, with some ranging from 8000 to 30,000, their political correctness and prowess are rare, seen from the steadfast struggle for ethnic rights of self-determination point of view.
For example, when the two biggest EAOs, the KIO and SSPP joined the FPNCC, rumors were making the rounds that the left over UNFC members would sign the Nationwide Ceasefire Agreement (NCA), as they were thought to be in panic and not wanting to be left hanging in the limbo, on which even the State Counselor Aung San Suu Kyi made a premature, unverified statement, thanking them on how their decision to sign would help strengthen the peace process, that actually failed to materialize.
In the end, seeing that the remaining four UNFC members, especially the KNPP and NMSP, insisted that its nine-point proposal to amend the NCA had to be first settled before they could sign it, the government's Peace Commission (PC) came up with a Deeds of Commitment (DoC) proposal that they inked this as a stopgap agreement first and later sign the actual NCA. And in return, the government would let them participate in the Union Peace Conference - 21st Century Panglong (UPC-21CP), with rights to discuss and table position papers, but could not only make decision.
According to the NCA rule, only fully fledged members that signed the NCA could vote within the Union Peace Dialogue Joint Committee (UPDJC), the main setup responsible for holding the UPC-21CP.
The remaining four UNFC members rejected the PC's proposal and were invited as "special guests", which they also turned it down.
Now with the said new EAOs' configuration, the question arises how the future of the NMSP and the KNPP would look like.
Militarily, if the KNPP and NMSP would stay out of the NCA signing, it is possible that the Tatmadaw or the Military might likely put the pressure on them.
While militarily the NMSP could be hard pressed, given that it is surrounded by the NCA signatory Karen National Union (KNU) and government's Border Guard Forces (BGF), with not much space to maneuver, the KNPP would be able to survive even if militarily pressured, as it has always done in the past.
Politically, General N'Ban La met Suu Kyi when he was in Nay Pyi Taw last month together with the Pangkham alliance, made necessary by Chinese intervention on Burma's government and Tatmadaw.
According to an insider source closed to a signatory EAO, during the invited lunch of General N'Ban La and his wife separately, Suu Kyi was said to have asked, whether he would like to stay with the UNFC or Pangkham alliance, to which he answered that he wanted to be with the UNFC, if its nine-point proposal could be agreed upon.
The rumor had it that Suu Kyi was said to have answered that of the nine-point proposal only the two parts that mentioned the involvement of international players in Ceasefire Joint Monitoring Committee (JMC) and neutral NCA enforcement, mediation team – should there be dispute among stakeholders - were exception, which could not be agreed upon.
UNFC's nine-point proposal includes: nationwide ceasefire declaration within 24 hours, followed by the UNFC troops doing likewise within 48 hours; formation of an equal, genuine federal union based on Panglong spirit; tripartite dialogue composition – government, Military, parliament; EAOs; and political parties – in all levels of the peace process; drawing up a constitution according to the outcome of 21st Century Panglong Conference; allowing international parties' participation to be able to jointly monitor and enforce ceasefire agreement; and concerning big scale development plans to adhere to the Extractive Industries Transparency Initiative (EITI), in cooperation with the concerned public and the EAOs.
If this would become a reality, provided the compromise could be found with the blessing of the Tatmadaw, the political fortune of the KNPP and NMSP could changed, as the KIO and SSPP would also sign the NCA under the banner of UNFC. Otherwise, their immediate future would likely be the same as it is now, with the pending of NCA signing and continuous on and off negotiation mode with the PC on its nine-point proposal.
The longer perspective would be to either make a compromise with the PC on its demand, provided there would be a real give-and-take atmosphere, or if the PC side doesn't give in to any demand and just want them to sign the NCA without alteration, the likely outcome would be the total rejection of the KNPP and NMSP to sign it and risk possible military pressure from the Tatmadaw.
But for now and by the look of it, the Military is unlikely to militarily pressure the two EAOs, as it is preoccupied with the ongoing wars in Kachin and Shan States and this would only work to the advantage and credit of Suu Kyi's regime, which it is not so keen to see it happen. Besides, the Tatmadaw is said to have enough headache with the non-secession clause that the ethnic protested vigorously during the UPC-21CP and like to keep the EAOs' participation count limited as it is now.

In sum, the immediate future of the KNPP and NMSP would not change much and would likely continue in the same status quo mode for the time being.
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