Wednesday, May 9, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine


Wedding Fashion Fair to Showcase ASEAN Designers

Posted: 09 May 2018 06:15 AM PDT

With Myanmar's wedding season almost here, Sule Shangri-La Yangon will hold the "Iconic Inspirations" wedding and lifestyle fair at its ballroom on May 26 and 27.

What sets this fair apart is that it will showcase the best of the best from the local wedding industry alongside outstanding designers from the ASEAN region, including the ASEAN Fashion Designers Showcase (AFDS) group.

"We are collaborating in order to exchange cultures and design techniques among different countries," said designer Ma Myint Zu, who serves as an ambassador for AFDS.

She added, "This wedding show is the first collaboration with talented ASEAN designers in Myanmar. People will get to see our diverse creations."

The wedding fair will showcase dresses by 13 fashion designers including four local artists: Mogok Pouk Pouk, Ma Myint Zu, Latt Latt and Charlotte Barjou, a French designer based in Myanmar.

"Iconic Inspirations" will bring together modern and traditional Burmese wedding dresses. A high tea and opening show will be held at 2 p.m. on the first day of this celebration of love featuring Ma Myint Zu, Latt Latt and Charlotte Borjou.

In the evening, Mogok Pauk Pauk will close the day with a gala cocktail show at 6 p.m. with the special participation of Laotian designer Lasavong Bandid, a member of AFDS.

The second day will be a celebration of the best dresses of ASEAN, with the members of the Fashion Designers Showcase bringing to Yangon examples of their wedding culture and evening couture in two fashion shows.

Ma Myint Za said, "Both traditional and evening wedding dresses can be seen in my collection for this show, for which I have used palm colors. As you know, dark colors are not typically used for weddings. So I will go with a simple and traditional, classic look."

On the first day, she said, models will display 10 of her traditional Myanmar wedding dresses and evening gowns.

"Even though the wedding cultures [in ASEAN countries] are different, we can still share them. Plus, here in Yangon, people are putting on weddings with different themes nowadays. So, I hope people who love new things will enjoy these wedding fashions," she said.

The wedding fair is aimed at promoting greater cross-cultural and creative collaborations between designers from Singapore, Cambodia, Indonesia, Thailand, Malaysia, Laos, the Philippines and Vietnam.

Throughout the two-day event, the hotel will showcase distinct wedding experiences. The hotel's wedding-planning experts will be on hand to meet couples interested in Sule Shangri-La Yangon's signature wedding packages and cakes, and exclusive honeymoon offers.

Couples who confirm wedding dates at the event will receive a 10-percent discount.

Admission to the wedding fair is free.

The post Wedding Fashion Fair to Showcase ASEAN Designers appeared first on The Irrawaddy.

Senior Chinese Delegation Meets with President, State Counselor in Naypyitaw

Posted: 09 May 2018 06:08 AM PDT

NAYPYITAW — Chinese State Councilor and Public Security Minister Zhao Kezhi met separately with President U Win Myint and State Counselor Daw Aung San Suu Kyi at the presidential residence in Naypyitaw on Wednesday.

The Chinese minister was accompanied by Myanmar’s ambassador to China, Hong Liang, China’s deputy public security minister, the head of the Yunnan Province Security Department and other Chinese officials.

Deputy Home Affairs Minister Lieutenant General Kyaw Swe, International Cooperation Minister U Kyaw Tin, President's Office Deputy Minister U Min Thu and directors-general of the Foreign Affairs Ministry were also present at the meetings.

The discussions focused on promoting bilateral cooperation and China's assistance to Myanmar in the peace process, rule of law, and security matters.

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Two Kachin Youth Leaders Fined for Organizing Protest Demanding Action on IDPs

Posted: 09 May 2018 05:50 AM PDT

A court in Myitkyina, the capital of Kachin State, on Wednesday fined two ethnic Kachin youth leaders for organizing a protest to demand that authorities assist IDPs trapped by armed clashes in the state.

The two were charged with violating Article 19 of the Peaceful Assembly Law, local sources said.

They appeared at a police station in Myitkyina on Wednesday morning to hear charges relating to street protests and a sit-in at the town's Manaw grounds. The two were charged by Police Colonel Than Oo. The officer, who served as prosecutor in the case, told The Irrawaddy on Wednesday that the court later found the two to have violated the law. They confessed to having violated the law by failing to ask for permission to stage the protest, the officer said.

Article 19 violations are punishable by either a three-month prison sentence or a fine of 30,000 kyats, and the judge opted to fine them, he said.

Lum Zawng, a youth leader who was among the two charged, told The Irrawaddy on Wednesday evening after emerging from the court that he and his a co-defendants, Sut Seng Htoi had been ordered to pay 30,000 kyats each.

"Police told us we violated the Peaceful Assembly Law. We told them we staged a peaceful protest intended to help IDPs. But we take responsibility for our actions. We accept the court's decision; that's why we went there," Lum Zawng said.

The two led 700 people in a street protest and later organized a daily sit-in protest the Manaw grounds. The protesters demanded the state and Union governments evacuate Kachin IDPs trapped in the jungle by fighting between the Myanmar military (or Tatmadaw) and the Kachin Independence Army.

Lum Zawng said his youth group was not aiming to stir up trouble in Myitkyina. His group held a peaceful protest asking the government to rescue the IDPs, he said.

"We did what we believed we had to do," he said.

The Kachin youth protesters ended their sit-in under pressure from local authorities, but succeeded in getting the state and Union governments to negotiate the evacuation of a limited number of Kachin IDPs.

Many remain trapped in the jungle, however. The Kachin youth protesters have said they plan to adopt new protest tactics to keep the pressure on the government to help the IDPs.

Recently, two activists in Mandalay and four in Yangon were also charged under Article 19 after staging peaceful protests.

According to the UN, more than 10,000 people have fled their homes since the Tatmadaw launched a major military offensive on April 11. Of these, some 6,500 have reached Myitkyina and Tanai townships. Rights groups, the UN and other overseas organizations have issued statements of concern about human rights violations in Kachin, and reports continue to emerge of new IDPs having been forced to flee.

Fighting between the Tatmadaw and the KIA has eased in recent days, but the Myanmar Army continues to deploy fresh troops to areas formerly controlled by the KIA's Brigade 2 in Tanai Township.

Local sources from Tanai and the KIA said 50 Tatmadaw trucks had driven from Myitkyina to Tanai, leading KIA leaders there to believe the Myanmar Army planned to continue its offensive and that fighting in Kachin would resume soon.

Seven years after a ceasefire agreement broke down in the region, the number of IDPs in Kachin is estimated at 150,000. Of the state's 15 townships, 10 host IDP camps.

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Lawmakers Urge Yangon Govt for Transparency in Development Projects

Posted: 09 May 2018 05:43 AM PDT

YANGON — Lawmakers from the ruling National League for Democracy (NLD) party urged the Yangon regional government to stick to rules and regulations when carrying out development projects.

Six lawmakers discussed on Monday the government's proposal on urban development projects funded by local and international investment in Yangon from 2018-21, including transportation infrastructure, housing and economic development projects totaling more than 1.3 trillion kyats.

The proposal also includes a new city project on 2,400 acres of land on the west bank of the Yangon River. The timeframe for that project – which is slated as a pilot for the New Yangon City project – is 2018-26 and the costs are still being calculated.

The lawmakers complained that they had little or no idea about the projects and criticized the government's lack of transparency.

During the discussion, lawmaker U Kyaw Zayya said he wanted the Yangon government to work according to the law.

Article 33 of the State and Region Government Law says "the government shall carry out state or regional level projects with the approval of the (state or regional) parliament."

"We are not against the projects. But we want the government to implement them properly. We want the government we elected to work according to the law," he said.

Lawmakers U Kyaw Min Han and U Zaw Win Naing said most of the projects in the proposal lacked detailed implementation plans and requested revisions in the details.

Lawmaker U Thein Myint said Yangon now faces problems like traffic congestion, security and rule of law, and asked whether the government was leaving this Yangon as it is now in order to build a new one.

On Monday, another six lawmakers will join the discussion on the proposal.

The post Lawmakers Urge Yangon Govt for Transparency in Development Projects appeared first on The Irrawaddy.

Myanmar Verifies More Than 1,000 Refugees in Bangladesh for Repatriation

Posted: 09 May 2018 02:38 AM PDT

NAYPYITAW — Myanmar will repatriate more than 1,000 Muslim refugees who have fled northern Rakhine State for Bangladesh, Union Immigration and Population Minister U Thein Swe said on Monday.

Bangladesh gave Myanmar a list of just over 8,000 refugees willing to return to Rakhine in February. Myanmar has since verified more than 1,000 of them as former residents and provided their names to Bangladesh; it is still reviewing the rest of the list.

"We have so far verified about 1,100 refugees on the list," U Thein Swe said in Naypyitaw at the launch of a video on migration in Myanmar.

According to the UN, nearly 700,000 mostly Rohingya Muslims have fled northern Rakhine for Bangladesh since late August, when militant attacks on security posts there triggered a sweeping military clearance operation. Myanmar has denied the figure and said it would only accept refugees who have lived in Myanmar and volunteer to return.

Bangladesh and Myanmar signed a repatriation agreement in January, but none of the refugees has returned to Myanmar to date, U Thein Swe said.

Translated from Burmese by Thet Ko Ko.

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Parties Gear Up for November By-election

Posted: 09 May 2018 02:25 AM PDT

Myanmar's political parties have begun preparing to contest a by-election slated for early November.

The Union Election Commission (UEC) announced Tuesday evening that it would hold the second by-election of the National League for Democracy-led government's term on Nov. 3.

The election will fill 13 seats in the Union, state and regional parliaments currently vacant due to deaths and one resignation, according to UEC spokesperson U Myint Naing. These comprise four Lower House seats, one Upper House seat, seven seats in state and regional parliaments and the Shan ethnic affairs minister's seat in Mandalay Region.

In April last year a by-election was held to fill 19 vacant seats. The NLD won a majority of these, followed by the Shan Nationalities League for Democracy (SNLD) and the opposition Union Solidary and Development Party (USDP).

The vacant Lower House constituencies are in Kanpetlet of Chin State, Lechar of southern Shan State, Tamwe of Yangon Region and Myingyan of Mandalay Region.

The Upper House seat is for the No. 2 constituency in Myitkyina, Kachin State.

The vacant seats in state and regional parliaments are in Matupi 1 of Chin State, Rathedaung 2 of Rakhine State, Tamu 2 of Sagaing Region, Oktwin 1 of Bago Region, Thabeikkyin 1 of Mandalay Region, Minbu 2 of Magwe Region, and Seikkan of Yangon Region.

U Myint Naing told The Irrawaddy on Wednesday the UEC has been checking the voter lists in every vacant constituency since April 19 and had found "no difficulties" in constituencies in the conflict-ridden states of Shan and Rakhine.

Updated voter lists are expected to be published later this month, as the task began on April 19 and was scheduled to take five weeks, ending on May 23-24.

U Myint Naing said the UEC had informed the political parties of the date for the by-election and would announce the deadline for registering candidates in accordance with electoral procedures.

U Myo Nyunt, a spokesman for the ruling NLD, told The Irrawaddy on Wednesday that "the NLD would field candidates for all vacant seats as per its policy."

"We have decided to contest every election, and we will accept the public's choice. We are also prepared to make necessary changes based on the will of the public as expressed through the elections," he said.

The NLD's main rival is the opposition USDP, though in the minority ethnic states it is vying with the ethnic political parties based in those areas, the NLD spokesman added.

The SNLD will contest two seats: the Lower House seat in Lechar and the Shan ethnic affairs minister's seat in Mandalay Region.

SNLD leaders told The Irrawaddy they are preparing to contest both seats and party members have already chosen a candidate for the Lechar constituency in Shan State.

"We don't think we will face much of a challenge in Shan State, as we, the SNLD, won [the 2015 general election and April 2017 by-election] there, said Sai Leik, the SNLD spokesperson. "It is important that every party can contest freely and fairly in accordance with the current election laws and bylaws."

He urged the government, political parties and civil society groups to engage in more public awareness activities to build interest in the elections.

The Arakan National Party plans to contest the vacant seat in Rakhine State.

There are more than 100 political parties registered with the UEC, with the major ones being the NLD, USDP and SNLD.

Observers believe that if the newly formed Four Eights People's Party, which has yet to formally register with the UEC, has its registration approved soon, it could become a rival to the existing Burman-majority parties.

Zue Zue contributed to this report.

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Critics Say Proposed Viewing Tower in Bagan Will Damage Cultural Landscape

Posted: 09 May 2018 12:00 AM PDT

YANGON — A Korea-based company has inquired the Ministry of Religious Affairs and Culture about building a 100-meter sunset viewing tower in Bagan.

Sky Dream Co Ltd of Korea has proposed building a viewing tower south of the hotel zone in Bagan, according to sources at the Department of Archaeology and National Museum.

The company also proposed building a recreational park along with the tower. U Aung Aung Kyaw, the director of the Department of Archaeology and National Museum (Bagan branch), denied that the department had given the go-ahead.

"The company only asked our opinion about the project," he said. He would not comment on the background or ownership of the company.

The department suggested conducting a heritage impact assessment for the viewing tower.

"I am not at ease with this proposal. I also heard that a theme park would be built. Theme parks like Disneyland and Universal Studios do not fit with Bagan. Generally speaking, a viewing tower does not even belong here," said Daw Ohmar Myo, in-charge of the UNESCO World Heritage bid for Bagan.

Though the company said that the proposed viewing site is outside the Bagan Archaeological Zone, it is relatively close and will negatively impact the plan to build a greater heritage region," said Daw Ohmar Myo, discussing a regional heritage plan and the effect of a tall viewing tower on the cultural landscape.

The tower will be reportedly modeled after the Menara Taming Sari, a 110-meter viewing tower near old Malacca, a UNESCO World Heritage city in Malaysia, which attracts many visitors.

Previously, five temples were open to visitors to view the sunset in Bagan, but after hundreds of pagodas were damaged by a powerful 6.8 magnitude earthquake in August last year, authorities have banned climbing on all pagodas in consideration of their durability.

Bagan has stupas, temples and other Buddhist religious buildings constructed from the 9th to 11th centuries—a period in which 55 Buddhist kings ruled the Pagan Dynasty. There are more than 3,000 stupas and temples in the area that covers 16 square miles.

Myanmar's initial application for UNESCO recognition of Bagan as a World Heritage Site came in 1996, but it was rejected due to poor management plans and legal frameworks under previous governments.

However, UNESCO has accepted Bagan as a mixed cultural heritage zone, which means that there is no need to relocate villages, hotels or guesthouses in the area.

Bagan's nomination will be brought up for deliberation at UNESCO's 2019 World Heritage Site convention, according to the Ministry of Religious Affairs and Culture.

Translated from Burmese by Thet Ko Ko.

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NLD ‘Waiting for the Right Time’ to Amend Constitution

Posted: 08 May 2018 11:13 PM PDT

YANGON — Amending the military-drafted 2008 Constitution was one of the National League for Democracy (NLD)'s main campaign promises in the run-up to the 2015 election that brought it to power in March 2016.

Constitutional reform has proven to be easier said than done for the NLD; the Myanmar military (or Tatmadaw) sees safeguarding the 2008 charter — which was drafted by the former junta and guarantees the Tatmadaw an important leadership role — as one of its main duties.

Constitutionally, 25 percent of seats in the national and all regional parliaments are reserved for the military. Additionally, the charter awards three key ministerial portfolios — Defense, Home and Border Affairs — to the Tatmadaw, which also gets to appoint a vice president.

Beyond this, the undemocratic Constitution gives the military veto power over proposed constitutional amendments and bars Daw Aung San Suu Kyi, the nation's de facto leader, from the presidency.

Ten years after the Constitution come into effect and two years into the term of the NLD-led government, The Irrawaddy talked to NLD spokesperson Dr. Myo Nyunt about the progress of constitutional reform.

It has been 10 years since the Constitution was ratified. How much progress has been made in terms of amending it since the NLD took power two years ago?

There are concerns that our government has done nothing to change the Constitution. In fact, all the things we are doing — from mobilizing [public] support, reconciling with the Tatmadaw, fostering the public's trust, improving their daily lives — are about constitutional amendment. It is utterly impossible to amend the 2008 Constitution without those foundations. We are waiting for the right time, while working toward national reconciliation and building substantial support among the people. In politics, you can't just make demands all the time; you have to wait for the right time.

NLD spokesperson Dr. Myo Nyunt. / The Irrawaddy

What are the major hurdles in this process?

People who have some knowledge [of the political landscape in Myanmar] understand what our chances of success would be if we attempted to change the Constitution now. Under current circumstances, we are not running off at the mouth about constitutional change. But we have never abandoned our mission to reform the Constitution. We will never step back. I mean, we have been consistently doing things that would facilitate constitutional amendment.

State Counselor Daw Aung San Suu Kyi has prioritized the peace process since the NLD took office. Earlier, however, she talked a lot about amending the Constitution. Has she issued any instructions regarding constitutional reform?

When the time is right, we will publicly discuss constitutional amendment. But for now we are not, as we don't think it is the right time and doubt it would be successful. There has been no separate instruction regarding the Constitution recently. But we [the NLD] maintain it as a key policy.

You said the NLD has consistently worked toward laying the groundwork for constitutional amendment. Reconciliation with the military is part of this process. What else are you doing?

The peace process, on which we are working, is also important for constitutional change. To the extent that the peace process is successful, constitutional reform will be speedily achieved.

It is generally assumed that constitutional change would be unsuccessful if attempted now. How do you plan to move beyond this state of affairs?

The most important thing is [to secure] the overwhelming support of the people. In fact, the Tatmadaw [the Myanmar military] was also born of the people. Constitutional change will be successful on the day when all the respective civil services born of the people decide that the Constitution must be changed.

Before the 2015 general election, the NLD campaigned on a vow to amend the Constitution. Many hoped to see it materialize. What is your message to these people?

The public has very high expectations of us; we know that. We are doing things in a consistent way. I would like to say that we never abandon our election pledges.

Many believe the constitutional crisis remains a major barrier to the country's democratic transition. What do you think?

Yes, it does. Without changing the Constitution, we can't build a genuinely democratic country. Without real democracy, we can't adopt a federal system.

The post NLD 'Waiting for the Right Time' to Amend Constitution appeared first on The Irrawaddy.

After Rohingya Rape Accusations, UN Warns of Imminent Births

Posted: 08 May 2018 10:57 PM PDT

COX’S BAZAR, Bangladesh — With her 16-day-old son lying asleep in her lap, tears streamed down the face of a 20-year-old Rohingya refugee in Bangladesh as she accused Myanmar troops of covering her eyes and mouth and raping her, before making her watch as they killed her husband.

“I don’t know if this baby is from my husband or the rape,” said the woman, speaking through a translator, during a visit by UN Security Council envoys to camps in Cox’s Bazar in Bangladesh sheltering nearly a million refugees.

Ahead of the council visit to Bangladesh and Myanmar last week, senior UN officials warned the envoys about the prospect of a flood of babies being born in the coming weeks and months in the refugee camps that could be the result of rape.

In a joint statement, UN Envoy for Sexual Violence in Conflict Pramila Patten and UN Assistant Secretary-General for Human Rights Andrew Gilmour wrote “reports suggest Rohingya women and girls were raped on a systematic and possibly massive scale.”

“Many of the women and girls raped in 2017 are due to give birth in the next few weeks, during the monsoon season, and we are concerned that many will not be able to access medical care to give birth safely,” they wrote.

Nearly 700,000 mainly Rohingya Muslims fled to Bangladesh in the past eight months following a Myanmar military crackdown that the UN, United States and Britain have denounced as ethnic cleansing. Myanmar denies ethnic cleansing.

In March the UN launched an appeal for $951 million to help the Rohingya refugees for the rest of the year, but the world body said at the end of April it was only 9 percent funded.

The UN and aid groups working in the refugee camps in Cox’s Bazar said it was difficult to know exactly how many women and girls were pregnant. It was even more difficult to know how many of the pregnancies were the result of rape.

“With the help of the UN bodies and other international and national [aid groups], we are trying to identify the pregnant women so that they get proper treatment,” said a senior Bangladesh Health Ministry official, who declined to be named due to the sensitivity of the matter.

He said that so far 18,300 pregnant women had been identified and the rough total estimate was around 25,000.

Rohingya insurgent attacks on security posts in Myanmar’s Rakhine State in August sparked a military operation that Myanmar described as a legitimate response. Fleeing refugees have reported killings, rapes and arson on a large scale.

“Based on UN reports and testimonies from Rohingya women who told our staff of rape and sexual violence in Myanmar, we do sadly expect the number of babies born as a result of unwarranted pregnancies to increase in the coming months,” said Daphnee Cook, Save the Children’s spokeswoman in Cox’s Bazar.

Myanmar Military Blacklisted

UN Secretary-General Antonio Guterres recently blacklisted the Myanmar armed forces in his annual report on conflict-related sexual violence. The military must now decide whether to work with Patten on a plan that would lead to their removal from the blacklist.

During a two-hour meeting with Security Council envoys last week in Myanmar’s capital, Naypyitaw, military chief Senior General Min Aung Hlaing vowed “harsh action” over sexual violence. According to the state-run Global New Light of Myanmar newspaper, he said: “Sexual violence [is] considered as despicable acts.”

In November, Myanmar’s military released a report denying all accusations of rape by security forces.

Melissa How, medical coordinator for Médecins Sans Frontieres (MSF) in Cox’s Bazar, said she had seen “a number of women and girls” who had become pregnant from sexual violence in Myanmar or Bangladesh.

“Some have miscarried; some have turned to traditional medicine and other methods to end their pregnancies, using unsafe methods. A number of women and girls have chosen to access MSF facilities for medical care, as well as menstrual regulation, in Bangladesh,” she said.

Abortion is illegal in Bangladesh but menstrual regulation to terminate a pregnancy is permissible. How also added that the majority of women in the camps who give birth do so outside health facilities.

Myanmar and Bangladesh agreed in January to complete the voluntary repatriation of the refugees within two years but the deal poses a challenge for women who give birth to children born from cases of rape.

UN envoy Patten, who will visit Cox’s Bazar this month, said complying with a requirement in the deal for women to go to the Bangladesh Supreme Court to obtain a document noting that a child had been “born out of unwarranted incidence,” a reference to cases of rape resulting in pregnancy, may be too difficult for poor, illiterate women.

The post After Rohingya Rape Accusations, UN Warns of Imminent Births appeared first on The Irrawaddy.

Two Protesters Arrested Under Peaceful Assembly Law in Mandalay

Posted: 08 May 2018 10:09 PM PDT

MANDALAY — Two men who participated in protests in Mandalay calling for the government to immediately rescue villagers in Kachin State who have been trapped due to violence between the Myanmar Army and the Kachin Independence Army (KIA) were arrested on Tuesday.

Ko Aung Hmine San and Ko Soe Moe were listed in a lawsuit filed by police against protesters under Article 19 of the Peaceful Assembly and Procession Law.

The two protesters were at a teashop in Mandalay when police showed up to arrest them. They requested that they be allowed to return home to collect some personal belongings.

Ko Aung Hmine San's wife Ma Lei Lei New said her husband did return home. Police then arrested him under Article 19 and took him to the No. 8 police station.

Article 19 is a bailable offense, however, the two men refused to leave on bail and instead decided to face trial and remain in detention.

The two protesters appeared in court on Wednesday, where the police received the court's permission to detain them and send them to Obo Prison.

Demonstrations urging authorities to rescue trapped locals in Kachin State and calling for an end to the clashes have risen in the past week, primarily in Yangon and Mandalay, following an initial protest camp in Myitkyina, Kachin State. Thousands of locals have been displaced by recent fighting between the Myanmar Army and the KIA.

Since Monday, police in Mandalay and Yangon have filed lawsuits against nine protesters under Article 19.

On Tuesday, protesters held a candlelight vigil at the southern side of the old palace wall in Mandalay to show solidarity with the Kachin people.

"We are doing this for the people suffering due to armed conflicts. We do this for peace. We have to ask why the authorities oppress us in this way. Don't they want peace?" asked Ko Than Htike, who participated in the vigil.

"We were saddened by the actions of the authorities. We want the immediate release of the arrested protesters and we will continue protesting until the trapped villagers of Kachin State are safe," he added.

The post Two Protesters Arrested Under Peaceful Assembly Law in Mandalay appeared first on The Irrawaddy.

China Does Not Want UN to Push Myanmar on Accountability

Posted: 08 May 2018 09:57 PM PDT

UNITED NATIONS — China does not want the UN Security Council to tell Myanmar that credible, transparent investigations into accusations of violence against mainly Rohingya Muslims are important, according to proposed amendments to a British-drafted statement.

The 15-member Security Council is trying to negotiate a press statement following a visit by UN envoys to Bangladesh and Myanmar last week to see firsthand the aftermath of a Myanmar military crackdown that Britain, the United States and others have denounced as ethnic cleansing of the minority Rohingya.

Britain wanted the council to state “the importance of undertaking credible and transparent investigations into allegations of human rights abuses and violations” and “continue to support efforts to ensure justice and accountability.”

Its draft statement would also “urge the government of Myanmar to fulfill urgently its stated commitment to holding accountable perpetrators of violence, including sexual violence and abuse and violence against children.”

However, Myanmar ally China deleted those references in amendments it has proposed to that statement, which must be agreed by consensus. China also proposed welcoming “the efforts taken by the government of Myanmar to improve the situation in Rakhine” State.

Diplomats said negotiations were continuing.

Rohingya insurgent attacks on security posts in Rakhine in August sparked a military operation that has sent nearly 700,000 Rohingya fleeing to refugee camps in Cox’s Bazar in Bangladesh. Security Council envoys visited those vast camps last week.

They also met with Bangladesh Prime Minister Sheikh Hasina and Myanmar’s de facto leader Daw Aung San Suu Kyi and traveled to Rakhine State, where the violence erupted. Myanmar denies the accusations of ethnic cleansing.

Fleeing refugees have reported killings, rapes and arson on a large scale. Myanmar has said its operations in Rakhine were a legitimate response to attacks on security forces by Rohingya insurgents.

Myanmar military chief Senior-General Min Aung Hlaing told Security Council envoys, during a two-hour meeting in Naypyitaw, the country’s capital, last week, that less than 2,000 troops were involved in the military operation, according to diplomats, who spoke on condition of anonymity.

The prosecutor of the International Criminal Court (ICC) has asked the court to rule on whether it has jurisdiction over the deportations of Rohingyas to Bangladesh, a possible crime against humanity.

Daw Aung San Suu Kyi’s government has expressed “serious concern” over the move at the ICC. Bangladesh is a member of the ICC but Myanmar is not. Rights groups have called on the UN Security Council to adopt a resolution referring the situation in Myanmar to the court.

The post China Does Not Want UN to Push Myanmar on Accountability appeared first on The Irrawaddy.

Malaysians Vote in Toughest Election Yet for Ruling Coalition

Posted: 08 May 2018 09:26 PM PDT

KUALA LUMPUR — Malaysians began voting on Wednesday in what is likely to be the country’s closest-fought general election, with Prime Minister Najib Razak’s coalition pitted against a resurgent opposition steered by 92-year-old former leader Mahathir Mohamad.

Najib’s long-ruling Barisan Nasional (BN) is expected to win despite an election-eve opinion poll suggesting that its support was slipping and that Mahathir’s alliance would land more votes in peninsular Malaysia, home to 80 percent of the population.

Under Malaysia’s first-past-the-post system, the party or alliance with the majority of seats in the 222-member parliament wins. Most experts believe that is within Najib’s reach despite popular anger over a multi-billion-dollar graft scandal that has dogged him since 2015 and increased costs of living.

“I think right now, it looks more favorable to BN, as they are able to pull in most of east Malaysia,” said Mohamed Nawab Mohamed Osman, a Malaysia scholar at the S. Rajaratnam School of International Studies in Singapore. “However, the margin that we’re talking about is very small.”

Polling stations for the 14.9 million registered voters opened at 8:00 a.m. and will close at 5:00 p.m. Most results are expected to come in before midnight but the count may spill into the early hours of Thursday.

“This is a big day for Malaysia as this is when we decide our future,” said Dr. Hasri Samion, a 57-year-old cardiologist.

“I think the people have been complacent for too long. We need someone who is capable of running this country. We need a visionary to lead Malaysia.”

The survey by independent pollster Merdeka Center showed BN’s estimated share of the popular vote had slipped to 37.3 percent in peninsular Malaysia from 40.3 percent one week earlier. The share of Mahathir’s Pakatan Harapan (Alliance of Hope) was at 43.4 percent, but it had also slipped slightly.

Merdeka said BN looked set to win 100 constituencies nationwide and the opposition 83. With these numbers, neither camp would have the 112 seats required to rule and the result will hinge on 37 seats that the pollster said were too close to call.

At the last election in 2013, BN lost the majority vote in its worst performance ever, but pulled in 133 seats.

Unless he improves on that tally, Najib could come under pressure within his United Malays National Organization (UMNO) party to stand aside ahead of the next election, analysts say.

“I am loyal to BN and to UMNO,” said Sri Nuraini, a housewife casting her vote in central Kuala Lumpur. “They helped build this country to what it is now. I respect Mahathir … and I admire what he’s doing. But he’s old. Why do we want to change government when they have done so much for us?”

Najib made a last-ditch appeal for votes on Tuesday night aimed at the young and the country’s Malay Muslim majority.

The prime minister said people aged 26 and below would no longer pay income tax if BN won. He also pledged to add two public holidays when the Islamic holy month of Ramadan starts next week and said toll roads would be free for five days around the start of the Eid festival, which marks the end of the month.

Speaking at the same time, Mahathir urged voters not to fall for "bribes."

“Don’t let a bit of money make you pawn the country forever,” he said.

Hung Parliament?

Nawab, the scholar, said there was a small chance that neither BN nor the opposition secures a majority, which would bring a “hung Parliament” and potentially put the Islamic Parti Islam se-Malaysia (PAS) in the position of kingmaker.

However, political analysts believe PAS will fall short of the 21 seats it won in 2013. The Merdeka poll had it winning just two seats.

Mahathir’s opposition, which counts on urban votes and support from the minority ethnic Chinese and Indian communities, is hoping that with the long-ruling former leader as its standard bearer, it will draw in Malay voters traditionally loyal to BN.

However, Mahathir is a polarizing figure and many voters are suspicious of him because of his attacks on independent institutions when he was prime minister between 1981 and 2003.

Najib’s other formidable opponent is former Deputy Prime Minister Anwar Ibrahim, who is currently serving a five-year prison sentence on a sodomy conviction that has been attacked by human rights groups as politically motivated.

Anwar led the opposition in the 2008 and 2013 polls. In an unlikely reconciliation, he has joined hands with Mahathir, who sacked him as his deputy in 1998.

In Najib’s favor, ethnic Malays support BN for affirmative-action policies that give them government contracts, cheap housing and guaranteed university admissions.

Also, the economy is growing at around 5 percent, buoyed by robust exports and infrastructure spending.

But Najib, 64, has been buffeted by a scandal over 1Malaysia Development Berhad (1MDB), a state fund from which billions of dollars were allegedly siphoned off. The prime minister, who was chairman of 1MDB’s advisory board, has denied any wrongdoing and he has been cleared of any offense by the attorney general.

The post Malaysians Vote in Toughest Election Yet for Ruling Coalition appeared first on The Irrawaddy.

Tuesday, May 8, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine


Emotional Memorial for Karen Environmentalist Shot by Soldiers

Posted: 08 May 2018 06:51 AM PDT

MAE SOT, Thailand — Ethnic Karen gathered for an emotional memorial service in Mae Sot, Thailand, on Saturday, a month after the fatal shooting of environmentalist Saw O Moo, described by colleagues as one of their “most committed land protectors, peace advocates and indigenous rights defenders."

"He was a visionary” in regards to the peace process and working for his people and community, said Doe Doh of the Karen Environmental and Social Action Network (KESAN).

Doe Doh said he and Saw O Moo had grown close over the past five years and described his friend as “genuine” is his role as a member of Lu Thaw Paw Day, a community-based organization that works with KESAN.

"He tried to protect the natural resources" and worked tirelessly to do so after the government and military signed a bilateral ceasefire deal and later, in 2015, the Nationwide Ceasefire Agreement with the Karen National Liberation Army (KNLA).

A woman lights a candle at a memorial service for Saw O Moo in Mae Sot, Thailand, on Saturday. / Brennan O’Connor

Saw O Moo was shot and killed by soldiers of the Myanmar army, or Tatmadaw, while driving home on the evening of April 5 from a community meeting on how to support displaced villagers in Mutraw (also known as Papun) District. A KNLA fighter whom Saw O Moo was giving a lift to managed to escape but recalled hearing a hail of gunfire.

More than six Tatmadaw battalions have been deployed to Lu Thaw Township since early March to seize an area controlled by the KNLA in order to expand a military road abandoned in 2012 and connect two mountain bases. Since then, fighting between the Tatmadaw and KNLA has been ongoing.

As an indigenous wildlife researcher, Saw O Moo worked to preserve old-growth forest inside a 5,400-square km area in northern Karen State in hopes of turning it into a “peace park” in partnership with KESAN and the Forestry Department of the Karen National Union. The area along the Salween River Basin is home to several endangered and vulnerable animals including tigers, clouded leopards, sun bears and gibbons and many other species of flora and fauna.

As an animist and ethnic Karen from the area, Saw O Moo was indispensable in helping to bridge the many communities living in the proposed park’s boundaries, and in sorting out disagreements over the direction of the park, explained Doe Doh.

In a tribute posted to KESAN’s website, Saw O Moo is quoted as saying at a public meeting in December: “For us as indigenous people, the Salween Peace Park represents our deepest desires and needs.”

A month after Saw O Moo’s death, the Tatmadaw has yet to return his body, which it claims to have buried. Even so, family and friends attempted to hold a three-day funeral in his home village of Ler Mu Plaw according to their animist traditions. But they fled in fear on the second day when a large group of Tatmadaw soldiers was spotted nearby.

Karen villagers participate in an animist funeral ceremony for Saw O Moo in his home village of Ler Mu Plaw, Karen State, on Wednesday. / KESAN

Saw O Moo’s wife, Naw Paw Tha, is angry the army is refusing to return her husband’s body.

In a documentary video screened at the memorial, she said: "What I want to know is why we still haven't been allowed to see his body. I’m extremely distressed about this. He was the head of our household; we have to perform a proper funeral ritual according to our animist traditions. We want the Burma Army to tell us exactly where his body and grave is. We will then collect his hair, nails, teeth, or any part of his body in order to perform our ritual ceremony so we can be at peace."

With her husband gone, Naw Paw Tha wonders how she and their seven children will survive. They are currently living in a camp for displaced families, after having to flee from the Tatmadaw’s offensives.

Seated at the front of the memorial service in Mae Sot, their sons Saw Maw Chit Nue, 10, and Saw Lwe Soe, 9, cried at times over the loss of their father.

Although Saw O Moo could never be replaced, "the movement, the struggle will continue," said Doe Doh. “Even though he is no longer with us, we have to make sure that the work he has contributed will continue."

The post Emotional Memorial for Karen Environmentalist Shot by Soldiers appeared first on The Irrawaddy.

Three Chin State Ministers Slated for Removal

Posted: 08 May 2018 05:19 AM PDT

MANDALAY — Chin State is seeking approval from the President's Office to reshuffle the state cabinet, the state Parliament's speaker said.

U Zo Bwe told The Irrawaddy on Tuesday that three state ministers would be transferred to different ministries due to their poor performance.

"Their performances are poor; we have received complaints from locals. They have shown poor management and slow progress at state development projects for which they are responsible," U Zo Bwe said.

"Parliament decided to reassign them to other ministries and will replace them with other ministers who can do the job," he said.

According to the speaker, the state Parliament sent a letter to the President's Office in Naypyitaw last week seeking approval for the reshuffle.

The three are Salai Isaac Khen, state minister for municipal works, electricity and industry; Pao Lwin Min Htan, minister for social affairs; and Pu Shwe Thio, minister for transportation.

However, the state parliament did not disclose what the new cabinet lineup would look like once the transfers were complete.

"We will announce the reorganized positions once we receive approval from the president, hopefully in two weeks," the speaker said.

In Chin State, there are a total of six ministers, including the chief minister. The chief minister and two other ministers are members of the National League for Democracy (NLD).

The cabinet also includes a minister from the Zomi Congress for Democracy party. Two others are experts selected from among non-politicians.

The post Three Chin State Ministers Slated for Removal appeared first on The Irrawaddy.

 93 Refugees Repatriated from Thailand-Myanmar Border Camps

Posted: 08 May 2018 04:12 AM PDT

CHIANG MAI, Thailand — Ninety-three Myanmar refugees from five camps along the Thailand-Myanmar border returned to their homes on Monday through a voluntary repatriation program facilitated by the UNHCR, and the Thai and Myanmar governments.

This is the second phase of repatriation for refugees who fled clashes between Tatmadaw troops and the ethnic Karen and Karenni armed groups in southeastern Myanmar decades ago. In October 2016, 71 people were repatriated through official channels to pilot the return program.

There were nearly 150,000 refugees along the Thailand-Myanmar border in 2012 and nearly 100,000 refugees still remain in nine camps, according to the UNHCR.

The 93 returnees were from the Mae La, Umpiem and Nu Po refugee camps in Tak Province; Ban Mai Nai Soi camp in Mae Hong Song; and Ban Don Yang camp in Kanchanaburi Township, according to the UNHCR Thailand.

Twenty of the refugees were repatriated through Mae Hong Song to Karenni State, while the others returned through Myawaddy, Karen State.

They were welcomed by Myanmar government officials led by Karen State Chief Minister Daw Nan Khin Htwe Myint in Myawaddy on Monday. Some will proceed to Yangon, Bago and Sagaing regions.

According to Hannah Macdonald, the associate external relations officer of the UNHCR in Bangkok, the UNHCR and partner organizations provided the returnees with assistance packages, which included food, mosquito nets and sanitary kits for women, travel bags, hygiene kits, transportation, as well as cash for integration in their initial months of return.

Macdonald said the current repatriation process only takes place at the request of refugees and that the UNHCR then supports their voluntary return. The UNHCR provides counseling to families to ensure their decision is voluntary and that information on available services upon their return is provided.

The UN agency opened voluntary repatriation centers and began collecting registration information in 2016. After repatriation, the UNHCR in Myanmar monitors the returnees closely and maintains contact with them, said the UNHCR spokesperson.

"Of course, the number in each return will be driven by the wishes of the refugees and also the environment and whether we can support a safe and dignified voluntary return. Camp leaders suggested that around 10,000 refugees are currently interested in facilitated returns," she told The Irrawaddy on Tuesday.

"Refugees are fully capable of making their own decisions," she said, with the UNHCR providing support for "each of these people who have the right to return to their country of citizenship."

The UNHCR also said in a press release on Tuesday: "In south-eastern Myanmar, conditions allow for the UNHCR to facilitate the voluntary return of refugees from Thailand to that area. In Myanmar's Rakhine State, however, UNHCR believes that the situation is not yet conducive for the return of Rohingya refugees."

More Voluntary Returnees Without UN Support

However, many refugees have chosen to return to their homes through processes not supported by the government or UNHCR.

From 2012 until today, some 18,000 refugees returned without government assistance to their homes in southeastern Myanmar, according to The Border Consortium (TBC), an INGO supporting nutrition, shelter and livelihood support programs in the camps. TBC provides support to some 93,000 people in nine camps, as well as to internally displaced people in southeastern Myanmar.

In 2017 alone, 4,095 people from nine refugee camps went back to their home villages on their own, said Sally Thompson, the executive director of TBC.

She said, "While we encourage people to go through the system through the UNHCR facilitated return process, we also recognize that there are many people who at the moment choose not to go back, largely because they don't want to be identified and when they are ready to go back, they want to leave and move forward and not wait for a long time to be approved by the government."

Furthermore, ongoing security concerns – including no sign of demining and no agreement between the Tatmadaw and ethnic armed groups to stop planting landmines – contributes to the hesitancy surrounding refugee returns.

Thompson said it is sometimes difficult to get refugees to go through official channels, but that the official return procedures include awareness education on landmines.

Despite efforts by the Thailand and Myanmar governments to bring the refugees home, recent Tatmadaw troop deployment in Karen State’s Papun district over the rebuilding of old road resulted in fighting between the Karen National Liberation Army (KNLA) and Tatmadaw troops in early March and displaced more than 2,000 locals into the jungle.

Likewise, Thompson said, refugees from Karenni State also fear for their security after reports of Tatmadaw troops killing Karenni National Progressive Party soldiers at KNPP checkpoints in Loikaw in December 2017.

"This ongoing militarization in the southeast does not bring any confidence to the refugees for their return," she added.

The UNHCR hopes for more voluntary returns through its facilitated process, said Hannah Macdonald, adding that it is working together and advocating with both governments "so that facilitated returns can be carried out in a more efficient and flexible manner."

During a bilateral meeting between Myanmar and Thailand in late March, the two governments agreed to facilitate returns twice a year.

But the governments have not yet set a date for the third repatriation.

The government-led facilitated process is "very new and very evolving, so we still are trying to work out the best way to do it. … We hope as the process is improved [when it will become simpler, faster and more frequent], more refugees will return through the official process," added Ms. Hannah.

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Activist Jailed for Streaming Anti-Conflict Drama on Facebook

Posted: 08 May 2018 03:33 AM PDT

PATHEIN, Irrawaddy Region — A local court in Pathein on Monday sentenced a human rights activist to three months in prison for broadcasting live on Facebook a drama deemed to be critical of the Myanmar Army (or Tatmadaw).

The Tatmadaw's Southwestern Command sued nine students for defamation in January last year after they staged a performance at the Pathein Hotel in Pathein, the capital of Irrawaddy Region, depicting Tatmadaw clashes with ethnic armed groups. The performance was staged amid peace discussions.

U Htun Htun Oo, leader of the Human Rights Activists Association—a Pathein-based civil society organization—was also sued the by the command under Article 66 (d) of the 2013 Myanmar Telecommunications Law for broadcasting the drama live on the social media platform.

"The judicial sector is under pressure. Article 66 (d) directly bars the rights and freedoms of citizens enshrined in the Constitution. So as long as there are laws that restrict freedom of expression, there will still be defendants like me," U Htun Htun Oo told The Irrawaddy after the trial.

In April, Pathein Township Court fined eight of nine students who staged the drama.

Two students were fined 50,000 kyats each, and six others were fined 30,000 kyats each. Pathein Township Court issued an arrest warrant for the ninth student, Myo Ko Ko, after he failed to appear in court.

The students performed a satirical comedy in which a news agency called "Oxygen" interviews supporters of conflict in Myanmar. During the play, one character, a soldier's wife, claims to support war because wives can have affairs while their soldier husbands are away fighting.

The Tatmadaw was not amused by that part of the play and filed the lawsuit in response.

"They were accused of performing dialogue that defamed soldiers and their wives. When I examined them, [I found that] they did perform that dialogue and U Htun Htun Oo broadcast it live on Facebook. So, I decided he also bears responsibility and I delivered this verdict. I was not pressured to make this verdict," Pathein Township Judge U Win Aung told The Irrawaddy.

The judge said he limited the punishment to a fine, and intended it as a warning, saying they are still young and only intended for the play to be viewed by the people in the hall of the Pathein Hotel, where its impact would be limited.

However, the judge said, U Htun Htun Oo is an adult and his live stream was viewed by people around the world. Therefore, he sentenced him to prison so that he will consider the consequences of his actions on other people before he acts next time, said the judge.

The controversial Article 66 (d) of the Telecommunications Law carries a maximum three years' imprisonment.

The post Activist Jailed for Streaming Anti-Conflict Drama on Facebook appeared first on The Irrawaddy.

A Tale of 3 Constitutions

Posted: 08 May 2018 03:23 AM PDT

YANGON — Since the country's independence from the British 70 years ago, Myanmar has had three constitutions. The current charter, The Constitution of the Republic of the Union of Myanmar, was promulgated in 2008. The two others were abolished when the military took control in 1962 and 1988, respectively. Here is a brief history of the country's three constitutions.

The Constitution of the Union of Burma (1947)

Myanmar’s first Constitution was drafted in May 1947, shortly before the country's independence, at Jubilee Hall in Yangon. General Aung San, the father of current State Counselor Daw Aung San Suu Kyi, led the 75-member drafting committee. He also briefed Parliament about the charter. The Constitution was ratified on Sept. 24, 1947, and remained in force from 1948 to 1962, when a military coup led by General Ne Win toppled the government.

The Constitution of the Socialist Republic of the Union of Burma (1974)

Drafted by the Burma Socialist Program Party and ratified by referendum on Jan. 3, 1974, the charter was designed to build a socialist democratic social order and a socialist economic system via the Burmese Way to Socialism. The drafting committee was led by then-President U San Yu and had 97 members. Fourteen years later, Myanmar was among the poorest countries in Southeast Asia and among the least developed nations in the world, leading to a nationwide popular uprising in 1988 that toppled the military-backed socialist leadership in August of that year. The charter came to an end when the military seized power in September.

The Constitution of the Republic of the Union of Myanmar (2008)

Probably the most controversial of Myanmar's three constitutions, it expressly enshrines the military's involvement in national politics.  After a 13-year discussion, from 1993 to 2006, the military organized a national convention in 2007 to draft a Constitution. According to a government announcement at the time, the convention was joined by more than 1,000 representatives, including delegates from various political parties and ethnic regions. But the NLD decided to boycott the pre-convention discussions in 1995, saying it was undemocratic. In October 2007, a 54-member drafting commission was formed under the leadership of Chief Justice U Aung Toe.

A nationwide referendum to ratify the charter was held on May 10, 2008. But voting was postponed to May 24 in seven townships in Irrawaddy Region and 40 townships in Yangon due to Cyclone Nargis, which killed more than 100,000 people a week before the scheduled referendum. The then-military regime promulgated the charter on May 29, claiming that more than 92 percent of 26 million-plus voters supported it.

Critics complain that the charter encourages the military's involvement in politics by guaranteeing 25 percent of parliamentary seats to men in uniform. The charter also states that it can only be amended with support from more than 75 percent of lawmakers, ensuring that changes can only be made with the military’s consent. The charter describes the military as a guardian of the Constitution. Attempts by the NLD and other organizations to amend the Constitution have yet to succeed.

The post A Tale of 3 Constitutions appeared first on The Irrawaddy.

Police Sue Protest Organizers in Mandalay, Yangon

Posted: 08 May 2018 01:49 AM PDT

MANDALAY — Police in Mandalay and Yangon have sued the organizers of weekend protests calling on authorities to immediately rescue villagers in Kachin State who have been trapped for weeks by fighting between the Myanmar military and the Kachin Independence Army (KIA).

On Sunday, activists in Yangon and Mandalay took to the streets calling for an end to the fighting in ethnic areas and the rescue of trapped families displaced by the attacks.

The next day, police in Yangon’s Kyauktada Township filed a lawsuit against the organizers — Kaung Htet Kyaw, Zeya, Ye Aung Aye and Myo Saw — for holding the march without official approval.

The No. 8 police station in Mandalay's Chanayethazan Township also filed a lawsuit against three activists under Article 19 of the Peaceful Assembly and Procession Law following the protesters’ motorbike ride on Sunday.

"We've filed a lawsuit against three people, including Aung Hmine San, for unlawful procession," Mandalay District Police Lieutenant Colonel Myo Aung told The Irrawaddy.

More than 40 political activists and civil society members protested in Chanayethazan in blue shirts reading “May peace prevail in Myanmar” and holding placards reading “No War,” “Free IDPs” and “Stop attacks in ethnic areas” along with photos of displaced children.

"We organized the campaign in sympathy with our brothers who are in trouble. We have nothing to say if [authorities] call it unlawful and take action against us," said a demonstrator who spoke on condition of anonymity.

Translated from Burmese by Thet Ko Ko.

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Locals Flee Fresh Clashes in Shan State

Posted: 08 May 2018 12:41 AM PDT

YANGON — Nearly 600 locals from Namtu Township, northern Shan State, have been displaced by clashes between the Shan State Army-North (SSA-N) and the Ta'ang National Liberation Army (TNLA).

Clashes broke out between the SSA-N and the TNLA on May 4 near Man Sa Awng village in Namtu and have since then forced more than 500 residents from several nearby villages, said administrator of Mong Yin village U Tun Hline.

"Villagers from two more villages fled to us [on Sunday]. And we accommodated them at monasteries," said U Tun Hline.

A total of 583 villagers are taking shelter at monasteries in Mong Yin and Weik Nan villages. Displaced persons are in need of clothing, food and healthcare.

"Locals from Na Pein and Lauk Long have fled out of fear following the clashes in Man Sa Awng," said U San Thein, the administrator of Weik Nan village.

Two locals from Man Sa Awng village were injured and sent to Lashio Hospital on May 4 after artillery shells fell on the village, he said.

Clashes continued on Sunday in Man Sa Awng village and military tensions remain high in the area, said locals of Mong Yin.

"The situation is not good. We could hear gunfire from Man Sa Awng, as our village is only five furlongs from there," said U Tun Hline.

Locals claimed that Light Infantry Battalion No. 324 of the Tatmadaw stationed just one and a half miles from Man Sa Awng village brought in reinforcements.

The Irrawaddy was unable to obtain comments from either of the ethnic armed organizations regarding the clashes.

The fighting followed a meeting between the Shan State Progressive Party (SSPP), the political wing of the SSA-N, and the government Peace Commission from May 1 to 2 regarding the nationwide ceasefire agreement.

The SSPP and TNLA are the members of the ethnic alliance the Federal Political Negotiation and Consultative Committee led by the United Wa State Army (UWSA).

Translated from Burmese by Thet Ko Ko.

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Constitutional Conundrum

Posted: 08 May 2018 12:40 AM PDT

It has been 10 years since the military-drafted 2008 Constitution entered into force. Constitutional reform remains elusive, and the military retains a powerful influence under the charter. The Irrawaddy revisits this cover story from the magazine’s April 2008 issue, published one month before the constitutional referendum was held.

FOR the generals who rule Burma, it is a step closer to the coveted goal of permanent military control of the country's politics. For its detractors, it is a potential lightning rod for decades of pent-up discontent. But for most, it is still a mystery, as they wonder if this is really a distant light at the end of the tunnel or the headlights of an impending disaster.

The Burmese regime's draft constitution, which Burmese voters will be asked to endorse or reject in a referendum in May, has drawn many reactions from people both inside and outside the country.

Although there is little consensus on the constitution, which was 14 years in the making, few doubt that the referendum, if it actually goes ahead, will be the junta's most significant political move since elections in 1990, when voters unequivocally signaled a desire for an end to military rule.

For dissidents in Burma, that desire has only grown stronger over the past 18 years. They see the referendum as an opportunity to let the junta and the world know that that it is time for the generals to go.

"This is not a referendum," said Tun Myint Aung, a leader of the 88 Generation Students group. "This is a chance to vote against military rule."

"The regime has given us two choices—'yes' or 'no.' But the only real choice is, should we vote 'no' or just boycott?" he added.

Calls for a referendum boycott have been growing, but Tun Myint Aung, who spoke to The Irrawaddy by phone from a hiding place in Burma, insisted that only a vote "No" would send a clear message.

"It doesn't matter what people think of the constitution," the prominent activist said. "They will just be voting to express the anger that has been accumulating over the past 20 years."

The Tatmadaw Chapter

Of all the people The Irrawaddy has spoken to about the referendum since it was announced on February 9, few have expressed any interest in the actual contents of the constitution, which was released by the junta in March. In the absence of public debate on the constitution, most discussion among exiles and dissidents has focused on ways to effectively turn the referendum against the junta.

The draft constitution does not fundamentally differ from a version of the "principles" of the constitution released by the Ministry of Information in August 2007, one month before the National Convention formally completed its work on the charter.

The draft contains an entire chapter spelling out the precise powers of the military. This chapter, entitled "Tatmadaw"(Burmese for armed forces), is something new in Burma's constitutional history and represents the first explicit attempt to enable the armed forces to "participate in the national political leadership role of the State"—one of the stated goals of the first chapter of constitutional "principles."

The cover of The Irrawaddy magazine’s April 2008 issue

In concrete terms, this means that 25 percent of the seats in both the upper and lower houses of parliament would be filled with military appointees selected by the Tatmadaw commander in chief. That is, 110 members of the 440-seat lower house, or People's Parliament, and 56 members of the 224-seat upper house, or National Parliament, would be selected from within the ranks of the armed forces.

The powers of the commander in chief also extend to the selection of the president and two vice presidents. Each of these positions would be filled by individuals selected by the People's Parliament, the National Parliament and a committee of military officials appointed by the commander in chief, ensuring that a member of the armed forces would occupy at least one of these top government positions—most likely the presidency, since the Tatmadaw exercises considerable influence over both houses of parliament. The commander in chief, meanwhile, would possess powers equal to those of the two vice presidents.

While all of these measures are intended to give the military considerable power over the government, there would also be guarantees that this influence doesn't go in both directions. Parliament would not be permitted to discuss or interfere in military affairs, including defense spending. Under the new constitution, "The Tatmadaw has the right to independently administer all affairs concerning the armed forces."

No Room to Maneuver

Critics of the constitution say that it will only serve to legitimize military rule, while reducing parliament to a toothless institution with no more power than the hand-picked National Convention which drafted it.

"Parliament will become a rubber stamp to endorse the commander in chief's proposals," said Aung Din, the executive director of the Washington, DC-based US Campaign for Burma, in an open letter calling on the Burmese people to reject "the military regime's sham constitution."

Others say that giving the ruling generals the powers they want will only embolden them to step up their oppression.

"Right now, they are ruling the country without any legal authority, and yet they treat citizens and religious leaders brutally," said Ashin Pyinnya Jota, a leading member of the All Burma Monks Alliance. "If the constitution comes into force, it will only make them worse."

But others ask what the alternatives are. Some argue that it would be better to accept the constitution and use it as a basis for future democratic changes. This is a position taken both by apologists for the junta and by pragmatists who point out that 20 years of resistance to the regime have yielded little in the way of progress.

One outspoken advocate of the constitution is Dr Nay Win Maung, a member of the so-called "Third Force" group founded during an international Burma conference in Singapore in 2006. This group, which claims to be neither pro-junta nor pro-opposition, has called for more engagement with the regime and an end to sanctions.

In an open letter obtained by The Irrawaddy, Nay Win Maung called on National League for Democracy (NLD) leader Aung San Suu Kyi to endorse the constitution and focus on elections to be held in 2010. This is the only way to ensure that the party is not disenfranchised, he said.

"This time, Burmese people should be smart enough and set their emotions aside, so as not to [create] another deadlock," he wrote, adding that whatever the outcome of the referendum, it was certain that the constitution would ultimately be rectified at a later day.

In response to the letter, Aung Naing Oo, a Burmese political commentator based in Thailand, agreed that it was time to take a more forward-looking approach. "We have to stop living in the past. It only prolongs the deadlock and conflict," he said.

However, others say it is naïve to believe that the regime is offering the country a way forward.

"The junta just wants to be old wine in a new bottle," said Win Min, a Thailand-based Burmese political analyst. "If the junta wants the opposition to endorse their rule, they must compromise for national reconciliation."

Win Min points to clauses in the constitution that effectively block future changes as the greatest hurdle to acceptance.

"If we cannot modify the constitution, democratization in Burma cannot grow," he said.

Under Section 4 (a) of Chapter 12, "Amendment of the Constitution," any suggested change would need to be sponsored by at least 20 percent of parliament members. This would be followed by a parliamentary vote, which would require over 75 percent support before the proposed amendment could be put to a national referendum. More than fifty percent of voters would have to approve of the amendment before it could come into effect.

With 25 percent of seats going to the military, it would be effectively impossible to pass any amendments that the commander in chief did not approve of. Moreover, in the chapter on the powers of the Tatmadaw, the armed forces bear responsibility for "safeguarding the State Constitution." This principle can be invoked at any time to prevent amendments that the military sees as inimical to its interests.

At this stage, debate about how the constitution can be reconfigured to make it more democratic is still largely academic. It is also, in the view of some exiled opposition activists, irrelevant.

"Some experts think endorsing the constitution is better than nothing. But people will not see it like this," said Aung Moe Zaw, a secretary of the exiled opposition's umbrella group, the National Council of the Union of Burma. "People want to see a long-term guarantee for their future—real democracy and freedom."

"If the NLD endorses this unjust constitution, people in Burma will object. People will go their own way," he added.

Even setting aside the question of whether the opposition would be able to alter the constitution to meet the democratic needs of the people, it remains unclear how civilians would function within a military-dominated parliament. Even the normal functions of a parliamentary opposition party could be regarded as hostile to national unity and thus subject to draconian restrictions.

Another concern of the opposition is that the constitution effectively bars Aung San Suu Kyi from occupying a leadership position. As the widow of British scholar Michael Aris and mother of two sons who are British citizens, Suu Kyi would have no right to lead Burma, according to the draft constitution, which states that "the President of the Union himself [and his] parents, spouse [and] children … shall not owe allegiance to a foreign power, shall not be a subject of a foreign power or citizen of a foreign country."

Ethnic opposition groups also have cause for concern, as their claims to autonomy would also be severely constrained. As Aung Din of the US Campaign for Burma noted, ethnic state legislatures would also have military appointees occupying 25 percent of seats.

"The expectations of ethnic nationalities to obtain the right of self-determination will never be realized, as unelected military officials will effectively intervene in their State affairs," said Aung Din. "This sham constitution systematically denies equality among all ethnic nationalities and self-determination, demanded by all ethnic groups for a long time."

World Opinion Divided

As Burmese debate the pros and cons of the constitution, the international community also remains divided over the junta's latest attempt to set the terms of political change in Burma. While neighboring countries broadly support the constitutional referendum as a step forward, Western critics of the regime, particularly the United States, have dismissed it out of hand.

"It has to begin somewhere and now it has a clear, definite beginning," said the chief of the Association of Southeast Asian Nations (Asean), Surin Pitsuwan, soon after the referendum was announced. "I think it is a development in the right direction."

The United Nations, which has attempted to mediate between the regime and the democratic opposition, was more guarded in its assessment. In a statement, UN Secretary-General Ban Ki-moon urged the Burmese junta to "make the constitution-making process inclusive, participatory and transparent in order to ensure that any draft constitution is broadly representative of the views of all the people of Myanmar [Burma]."

The US, which has long been the regime's most outspoken critic, was more explicit about the shortcomings of the constitution-making process, drawing attention to the ongoing suppression of democratic rights in Burma.

In a statement released after the regime declared its intention to hold a referendum, Sean McCormack, a US State Department spokesperson, said, "No referendum held under these conditions—a pervasive climate of fear in which virtually the entire population, including Aung San Suu Kyi, is under detention, and the Burmese people not being allowed to participate in or even discuss the drafting of a constitution—can be free, fair or credible."

In late February, in a move that confirmed suspicions that the junta intended to stage manage the referendum, its top leader, Snr-Gen Than Shwe, signed into effect a law that threatens dissenters with heavy penalties for opposing the referendum. Under the Referendum Law for the Approval of the Draft Constitution, anybody who publicly criticizes the referendum faces a fine and a three-year prison sentence.

Thein Nyunt, a lawyer in Rangoon, remarked that the current law is even more severe than similar legislation enacted ahead of a referendum in 1973. "Under the previous law, anyone who was against the referendum could be sentenced to one year's imprisonment. But now people can receive three years' imprisonment under the terms of the present law."

A Final Showdown?

Against this backdrop of deepening repression and a mixed international response, many activists suspect that the real referendum will take place not in the polling booths, but on the streets.

"We don't see it as a final battle, but it will reach that point," said student activist Tun Myint Aung, who noted that the last constitution drafted under military rule was ultimately scrapped under pressure from the popular uprising in 1988.

In a sign of growing frustration in Burma, in late March a 26-year-old man set himself on fire at Rangoon's famed Shwedagon Pagoda, a religious site that has often served as a focal point of political protests. Reports suggested that he was acting out of desperation over economic hardships and political frustration.

Observers of Burma's economy have noted that conditions have only gotten worse since a drastic hike in fuel prices triggered protests last year. Although the regime has put a lid on dissent since its crackdown on monk-led demonstrations in September, it remains vulnerable to economically inspired unrest, which could easily assume a more political nature amid the push to strong-arm the population into endorsing an unpopular constitution.

The lack of leadership from the NLD and disappointment with the international response to the junta's brutal crackdown, have led many to the conclusion that people power is the only remaining option.

"In the entire history of the world, there has never been a dictator who willingly gave up power once he had it firmly in his hands," said respected Burmese journalist Ludu Sein Win in a recorded message released in March. "And there are no countries in the world which have gained liberation through the help of the United Nations."

"Don't waste your time dreaming about dialogue and considering help from the UN Security Council," the 68-year-old journalist and former political prisoner added. "We already have the power to force out the military dictatorship. That power is the force and strength of every Burmese citizen."

Whether the regime's exercise in manipulating public opinion succeeds or seriously backfires may prove more important than its efforts to enshrine its control through a new constitution.

In the end, the junta may find that its efforts to control the will of the people could unleash a political firestorm.

The post Constitutional Conundrum appeared first on The Irrawaddy.

Ten Things to Do in Yangon This Week

Posted: 07 May 2018 10:28 PM PDT

Lethwei Nation Championship

Boxers from Myanmar, Thailand, China, Laos and Brazil will fight in the quarterfinals of the Lethwei Nation Championship.

May 13, 2 p.m. Theinbyu Stadium. Tickets are 5,000 to 20,000 kyats. Call 09-254214160.

MNL vs. Leeds

The All Star Team of the Myanmar National League will face the Championship League's Leeds United in a friendly.

May 9, 6 p.m. Thuwunna Stadium. Tickets are 2,000 to 4,000 kyats.

Europe Meets Myanmar Concert

The Orchestra for Myanmar joins the New Children’s Choir and the Strand Singers to perform some of the best-known pieces of European classical music and some traditional Myanmar and European songs.

May 10, 6:30 p.m. to 8 p.m. Strand Hotel. Free admission.

Food/Books Not Bombs Charity Event

Singers will perform at this charity event to collect food and books for children in conflict zones.

May 12, 6 p.m. to 10 p.m. Burbrit Taproom, No. 74 Ma Naw Hari Street.

Centenary of Art in Myanmar

Books on art will be on sale at discount prices. There will also be discussions on art and rare art books on display.

May 15 to 16, 11 a.m. to 5 p.m. Yangon Book Plaza, 5th Floor, Thanzay Market.

Home Loan Expo

Families who earn 800,000 kyats per month can get 25-year loans to buy apartments.

May 11 to 13, 9 a.m. to 9 p.m. Myanma Plaza.

Handmade and Homemade Fair

Handicrafts will be on display and accompanied by musical performances.

May 10 to 11, 10 a.m. to 6 p.m. Co-Operative Business Center, Saya San Plaza. Free Admission.

World War 3 Cartoons

Organized by the Myanmar Silent Cartoons Group, this event features cartoon strips by more than 40 cartoonists.

May 11 to 13. Moon Art Gallery.

Rainbows & Stars Art Exhibition

This event features paintings of rainbows and stars by children.

May 12 to14. Ahla Thit Gallery, No. 17 University Avenue Road, Bahan Township.

Next Generation

This art exhibition showcases more than 70 works by children.

May 12 to 14. 43 Art Gallery, 43rd Street.

The post Ten Things to Do in Yangon This Week appeared first on The Irrawaddy.

Trapped: Many Hurdles to Repatriate Foreign Nationals Sex Trafficked to India

Posted: 07 May 2018 09:40 PM PDT

MUMBAI — Women are increasingly being trafficked into India’s sex industry from countries outside South Asia that do not have repatriation agreements, which leaves victims trapped in limbo for months after being rescued, officials said.

India has long been a destination for traffickers bringing women from neighboring Bangladesh, which has a repatriation treaty, and Nepal, which works closely with Indian authorities on the issue.

But nations beyond South Asia – Uzbekistan and Thailand in particular – have emerged as source countries over the past three years, according to police, campaigners and government data.

“The (repatriation) process is streamlined for Bangladesh and Nepal. But now people are coming from other parts and we have no treaties with them,” said Mahesh Bhagwat, police chief of Rachakonda district in the southern state of Telangana.

In 2016, there were 33 recorded cases of women trafficked from Bangladesh and 16 from Nepal, according to the government’s annual Crime in India report.

In contrast, authorities in 2016 recorded 70 trafficking cases from Thailand and Uzbekistan, which were combined in the report.

Previous reports did not mention victim’s nationalities. An official at the National Crime Records Bureau said Thailand and Uzbekistan were named because most of the recorded trafficking cases in 2016 originated in those two countries.

The number of trafficked foreign nationals recorded by authorities was lower in previous years, varying from 36 in 2010 to 13 in 2014.

Data is not yet available for 2017, but authorities said 40 Thai women were rescued from massage parlors acting as fronts for prostitution in Mumbai and Pune in the first half of last year alone.

Another 34 Thai women were rescued later in 2017 from massage parlors and spas in the Telangana state capital of Hyderabad, Bhagwat told the Thomson Reuters Foundation on Monday.

Bhagwat’s team also rescued an Uzbek woman last year from the sex trade in Hyderabad, the state capital of Telangana. She committed suicide late last month, four months after her repatriation process began, he said.

The embassies of Uzbekistan and Thailand did not respond to phone calls and emails seeking comment.

After being informed that a victim of trafficking from their country has been rescued, embassy officials need to verify the person’s identity and home address.

Campaigners say this can be difficult as victims sometimes provide false information, because they are afraid that traffickers may hurt them or their families.

“These girls are controlled by traffickers and they are coerced into saying many things. They are deeply indoctrinated,” said Sunitha Krishan, co-founder of the anti-trafficking charity Prajwala.

Krishnan said the Uzbek woman who had been sheltering in one of Prajwala’s facilities had been carrying forged Indian identity documents when she was rescued, and at first refused to say which country she was really from.

Krishnan urged more countries to make agreements with India to quickly repatriate those rescued from sex trafficking.

Her call may take on more urgency if traffickers continue to cast their nets wider than South Asia – which campaigners say is likely.

The massage parlor industry is booming and many customers prefer fair-skinned women from countries like Thailand and Uzbekistan, said Hasina Kharbhih, founder of the anti-trafficking group Impulse NGO Network.

“The demand for foreign girls is growing in India,” she said.

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Myanmar Court Convicts Farmers of Trespass in ‘Blow’ to Land Rights

Posted: 07 May 2018 09:34 PM PDT

BANGKOK — A Myanmar court has found 33 farmers living next to a Special Economic Zone guilty of criminal trespass, a ruling seen by activists as a blow to land rights in a country with a rising demand for property for industrial use.

The farmers said the government did not follow the legal process when it tried to acquire their land adjacent to the Thilawa SEZ in 1996, and that they continued to farm the land and pay taxes on it.

They were charged with criminal trespass in 2014.

Lawyers for the farmers argued that the charges had no basis, as the government did not begin the formal legal process to acquire the land until 2015, a year after the trespassing complaint was made.

“Today’s ruling represents a blow to the land rights of farmers across Myanmar,” said Ben Hardman, a deputy legal director at advocacy group EarthRights International.

The farmers have 60 days to file an appeal, and are considering whether to do so, he said.

About 70 percent of Myanmar’s population lives in rural areas and depends on agriculture for a living.

Few farmers in Myanmar have formal documents for their land. But even titles do not provide adequate protection, and people are frequently forced off of their farms without proper legal process or compensation, activists say.

Disputes over land have increased significantly since the easing of political and economic restrictions began in 2011. The reforms led to a rush of foreign investments and greater demand for land for industrial use.

Government officials say projects including mining, hydropower and large-scale agriculture are essential for development in one of the world’s poorest countries.

The Thilawa SEZ, in the country’s south, is the first SEZ project developed by the Myanmar government, and covers about 600 hectares.

The government recently introduced a national land-use policy to give farmers more rights, and has adopted dispute resolution mechanisms.

But transactions are often characterized by a lack of consultation and consent from affected communities, inadequate compensation, the absence of a resettlement policy and a lack of judicial remedies, activists say.

Alongside, arrests and prosecution of protesters and land activists have risen.

The reforms “offer little or no protections to tenant farmers and do not protect customary land use,” Hardman said.

“Worryingly, a series of proposed amendments actually increases both the scope of criminal offenses and the length of sentences that farmers could be given,” he told the Thomson Reuters Foundation.

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