Wednesday, February 18, 2015

The Irrawaddy Magazine

The Irrawaddy Magazine


Burma Red Cross Condemns Convoy Attack, Rebels Deny Responsibility

Posted: 18 Feb 2015 06:26 AM PST

 Civilians in Laukkai prepare to get on board of Burma Red Cross trucks in order to leave the war-ravaged town in the Kokang Special Region on Tuesday. (Photo: JPaing / The Irrawaddy)

Civilians in Laukkai prepare to get on board of Burma Red Cross trucks in order to leave the war-ravaged town in the Kokang Special Region on Tuesday. (Photo: JPaing / The Irrawaddy)

The Burmese Red Cross has called on warring parties in northern Shan State to guarantee the safety of its personnel after two of its volunteers were injured when a convoy carrying dozens of civilians and several journalists was attacked by unknown gunmen in Kokang Special Region on Tuesday.

Representatives of ethnic Kokang and Palaung rebel groups, which are involved in heavy fighting with the Burma Army in the area, denied responsibility for the attack on Wednesday.

A government spokesman, meanwhile, said Naypyidaw would not respond to a letter sent by Kokang rebels calling for an end to the fighting.

Prof. Dr. Tha Hla Shwe, president of the Myanmar Red Cross Society, said in a statement that, "It is very sad to hear that our Red Cross volunteers were wounded while carrying out a strictly humanitarian function to help the victims of fighting. They should be respected and not be made the object of attack."

A convoy of several trucks with Red Cross flags was travelling from the war-ravaged Kokang Region administrative capital Laukkai with some 100 civilians and several local photographers when it came under gunfire from the surrounding mountainside on Tuesday afternoon.

One volunteer sustained a head wound, while another was hit in the abdomen. The Red Cross said the men, who were both wearing Red Cross vests at the time, were taken to Kunlong Township Hospital, where one underwent surgery overnight. Their medical condition is stable.

"It remains unclear who was responsible for the incident, however the location of the incident was not proximate to Myanmar army units," the Red Cross said in a statement.

On Wednesday morning, the injured were taken to Lashio Hospital, Khin Maung Hla, secretary general of the Myanmar Red Cross, told The Irrawaddy. "Our volunteers are now communicating with the local authorities in Lashio to gain protection for further rescue work" by the Red Cross, he said.

The Myanmar Journalists Network also issued a statement on Wednesday condemning the attack.

Fighting in Kokang Region in northern Shan State escalated on Feb. 9 and saw Kokang rebels forces attack police and army stations in Laukkai, causing a breakdown of security, damage to buildings and sending civilians fleeing.

Tens of thousands ethnic Kokang fled north across the border into China, while several thousand Burmese day laborers and families of government personnel fled south towards Lashio and Mandalay. The local Red Cross helped the latter group reach safety.

Htun Myat Lin, general-secretary of the Kokang rebel group known as the Myanmar National Democratic Alliance Army (MNDAA), denied that the group had carried out the attack on the Red Cross convoy.

"The area between Chin Shwe Hal and Laukkai, where the MRCS convoy was fired upon, is a government troops-controlled area," he told The Irrawaddy.

He said that as many as 100 civilians could have been killed when Burma Army forces entered Laukkai to reestablish control over the town in recent days. Htun Myat Lin added that fighting in the region had calmed down on Wednesday.

Mai Phone Kyaw, as spokesman of Ta’ang Nationalities Liberation Army (TNLA), said it was "unconfirmed which group shot at the Red Cross convoy, as the area is under the control of both rebels and government troops.

"We have orders for our troops not to shoot at the civilians," he said, before adding that the Palaung rebel group was looking into the incident to determine who was responsible.

The TNLA and the Arakan Army are allies of the MNDAA and have been fighting alongside it in the Kokang region.

The government declared martial law for the Kokang Special Region on Tuesday evening, putting the army in charge, while declaring that Laukkai town had been put under full control.

Govt Rejects Kokang Leader's Appeal

Peng Jiasheng, the leader of the MNDAA, sent an open letter to President Thein Sein on Wednesday in which he appealed for recognition of his group, greater rights for the ethnic Chinese Kokang minority and the start of talks to restore peace in the area.

A 2009 Burma Army offensive took the region without firing shot and forced Peng Jiasheng to flee with several hundred men, after which the army put his Kokang rival Bai Souqian in charge. The recent fighting has been described as an attempt by the octogenarian leader to reestablish a degree of political control in the area.

In his letter, Peng Jiasheng said he "contributed a lot to the Kokang Special Region's development," adding that the MNDAA "cannot understand the reasons they were attacked in 2009 and forced to flee their homes. But as one of 135 ethnic groups in Burma, the Kokang also would like to be part of the country and serve it."

Information Minister Ye Htut told The Irrawaddy in a reaction, however, that the government saw "no reason to consider this" letter. He said Naypyidaw does not recognize the MNDAA and sees it as a "renegade Kokang group," adding that it neither accepts the group's participation in the nationwide ceasefire process, which involves 16 ethnic groups, including the TNLA.

Additional reporting by Nang Seng Nom. 

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Review Team Orders Dagon High-Rise Redesign

Posted: 18 Feb 2015 06:08 AM PST

A birds-eye view of Dagon City 2 project area from Signal Pagoda. (Photo: Hein Htet / The Irrawaddy)

A birds-eye view of Dagon City 2 project area from Signal Pagoda. (Photo: Hein Htet / The Irrawaddy)

RANGOON — Work is set to resume at several Dagon City development projects on Thursday after the expiry of a four week building halt, with one company ordered to modify its construction plans in order to safeguard the nearby Signal Pagoda.

While a report on the projects has yet to be made public, officials negotiated a redesign of the mixed residential and commercial Dagon City 2 development, according to Thaung Htike Min, the director of local company Thu Kha Yadanar.

"They found that two blocks of Dagon City 2 are too close to the Signal Pagoda," he told The Irrawaddy. "We have to set them back 40 feet and we have rectified the design under the instruction of the inspection team."

The historic pagoda, built hundreds of years ago, takes its name from the signal station at Sale Barracks, the site of a British garrison during the colonial era. In recent years, former junta leader Snr-Gen Than Shwe and his wife donated money for building works at the pagoda, and a plague honoring his contribution remains on the temple grounds.

The $75 million Dagon City 2 project will be fully funded by Thu Kha Yadanar, which also maintains a 30 percent stake in nearby, 22 acre Dagon City 1 project alongside the international Marga Group syndicate. According to reports from the MIC, confirmed by Thaung Htike Min, Dagon City 1 appears set to be cleared for the resumption of work without any modifications to the project.

Along with three other projects, work at the Dagon City developments was halted on Jan. 22 at the request of the Myanmar Investment Commission (MIC), in order to allow an independent inspection by the Myanmar Engineers Society and the municipal Committee for Quality Control of High Rise Building Projects.

On Feb. 7, The Irrawaddy reported comments by Toe Aung, director of the Urban Planning Department at the Yangon City Development Committee (YCDC), saying that the halt had been ordered because additional storeys had been added to the original design after the MIC and YCDC granted approval to the projects.

Marga Group chairman Stephen Suen denied the report last week, telling The Irrawaddy that the construction halt was a normal component of the review of high-rise projects, and the Dagon City 1 was within authorized height limits of 190 feet. Thaung Htike Min said that his company was ready to abide by the decisions of the review team, and stated that the Dagon City 2 design had otherwise not changed since the project was approved.

"We welcome it and we are ready to follow any decisions," he said. For Dagon City 2, according to the inspection team's instructions, there will be only five to six storey buildings in those two blocks [around Signal Pagoda]. The rest are seven to eight storeys. Everything will be alright."

The inspection report has yet to be made public. The findings of the inspection team will first be sent to President Thein Sein for review, according to Association for Myanmar Architects President Sun Oo, suggesting the Union government is eager to attend to public concern over construction projects near the historic Shwedagon Pagoda.

Thu Kha Yadanar was awarded the 51.73-acre site for the Dagon City projects, previously owned by the military, during an open tender by the Quartermaster General's Office in 2013. Defeating 25 other bidders, the company paid $2 million for a land use premium, and is leasing the land under a 70-year build-operate-transfer agreement at a price of US$15 per square meter per year, according to Thaung Ktike Min. In total, Thu Kha Yadanar will pay approximately US$221 million in 2015 dollars for the site over the duration of the lease.

According to Thaung Ktike Min, Thu Kha Yadanar's investments in the Dagon City projects have been backed by loans from Kanbawza Bank (KBZ), chaired by Aung Ko Win. Reported to have been close to former junta deputy Vice Snr-Gen Maung Aye, Aung Ko Win took over KBZ Bank in 2000 and at one time was the chair of several jade mining companies based in Mong Hsu and Hpakant.

Thu Kha Yadanar's portfolio stretches across hotel investments, wood products and tourism. In partnership with KBZ Group, the parent company of KBZ Bank, it operates the Kempinski Hotel in Naypyidaw, the City Golf Resort Hotel in Rangoon and Hotel Mandalay. Under its English name, Jewellery Luck, the company is renovating the historic Police Commissioner's Office in Rangoon, in partnership with the management of the Kempinski Group.

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Observers Weigh FDI Impact of Ongoing Ethnic Conflict

Posted: 18 Feb 2015 04:52 AM PST

A billboard advertises a business exposition in Naypyidaw. (Photo: The Irrawaddy)

A billboard advertises a business exposition in Naypyidaw. (Photo: The Irrawaddy)

RANGOON — Recent conflicts between the government and armed ethnic rebels in Burma are not expected to have an impact on foreign investment inflows over the next year, economic observers told The Irrawaddy this week, though broader turmoil could presage a negative long-term outlook.

On a visit to promote British investment in the Southeast Asian nation, City of London Alderman Alan Yarrow told The Irrawaddy in Rangoon that he did not think ongoing clashes in Burma's northeast would impact foreign direct investment in the country.

"Nearly every country at the moment has a problem somewhere. And if you're an emerging economy, and as rich [in natural resources] as Burma, you are going to have conflicts which are different," he said, while acknowledging that he was a relative newcomer to economic punditry in Burma.

Yarrow, who also holds the title of "lord mayor" as London's global ambassador, was visiting Burma for the second time, and met with government officials and members of the business community to share his experiences in government and the private sector.

"I don't think that people will necessarily consider that as being serious unless it gets bigger. At the moment it's a border conflict, it's not something across the whole of the country," said Yarrow, a former investment banker.

Heavy fighting between the Burma Army and the Kokang rebels, also known as the Myanmar National Democratic Alliance Army (MNDAA), has raged since last week, with dozens of casualties reported on both sides. Battles are continuing for control of Laukkai, the region's largest town.

Despite his unfamiliarity with the specifics of Burma's economy, Yarrow said a universal truth was at play when it came to luring foreign businesses: investors crave certainty and predictability.

"Maybe tax [rates and policy], maybe civil unrest, maybe its lack of power [electricity]—all these things have an impact on risk," he said.

"And the lack of legal certainty. So the answer is yes, that [ethnic conflict] of course is an element, but I would doubt it's a big element because it's very specifically in a region of a country. It's not down in Yangon, Naypyidaw and Mandalay, it's on the borders," Yarrow said.

Due to the fighting, thousands of residents and migrant workers from the region in northern Shan State have fled south to Lashio. Tens of thousands more have reportedly fled into neighboring China's Yunnan province. The Kokang flare-up follows on the heels of clashes in recent months between the Burma Army and a handful of other ethnic armed groups, including Kachin, Karen and Palaung insurgencies.

Myat Thin Aung, chairman of the Hlaing Tharyar Industrial Zone in Rangoon, said the fighting in northeastern Burma and recent student protests that the government has said threaten national stability would not be a serious drag on FDI.

"If the fighting was happening in cities like Yangon, Mandalay and Naypyidaw, it would definitely cause FDI flows to stop, but this fighting and protests are not happening in the major cities, so we don't need to worry right now," he said.

One sector that does look likely to be held back by recurrent fighting in the country's border regions is the extractive industries. Though Burma is rich in natural resources, much of that wealth is concentrated on the country's periphery in territories controlled or contested by ethnic armed groups. A mining bill that has languished in Parliament has further dampened foreign interest in the sector.

Dr. Maung Maung Lay, the vice chairman of the Union of Myanmar Federation of Chambers and Commerce Industry (UMFCCI), took a less sanguine approach in assessing the long-term implications of continued unrest.

"Investors want sustained political stability for their long-term investments in such countries. Because we have a checkered past in the eyes of the international community, we need political stability first in the country," he said.

"The Laukkai fighting will not have an impact on FDI in the short term; other countries have similar internal conflicts, but if it continues to happen frequently, it will [negatively] impact FDI flows," he said.

The post Observers Weigh FDI Impact of Ongoing Ethnic Conflict appeared first on The Irrawaddy.

State Broadcaster Staff Kidnapped in Muse, Still Missing

Posted: 18 Feb 2015 04:12 AM PST

A technician for government-run broadcaster MRTV is still missing four days after he was abducted by unknown masked assailants in eastern Burma. (Photo: Timo Jaworr / The Irrawaddy)

A technician for government-run broadcaster MRTV is still missing four days after he was abducted by unknown masked assailants in eastern Burma. (Photo: Timo Jaworr / The Irrawaddy)

RANGOON — A technician for a government-run broadcast station is still missing four days after he was abducted by unknown masked assailants in eastern Burma, according to a government official and a colleague.

Aung Zaw Tun, around 40 years of age, worked as technician-3 of Myanmar Radio and Television (MRTV) at a station in Muse district, northern Shan State. He had been employed by the company since 1996.

Three men abducted Aung Zaw Tun from his home on Saturday night and he has not been seen or heard from since.

"We don't exactly know [who kidnapped him]. We heard one armed group was related to this case," Minister of Information Ye Htut told The Irrawaddy on Wednesday.

He said that the man's village, Mone Paw in Moe Gone Township, is located on the western side of the Salween River, near the border with Kokang Special Region.

MRTV Director General Tint Swe confirmed several details of the incident. He said that local administrators are still searching for the missing man in cooperation with the Burma Army.

Saturday's kidnapping is believed to be the first time a member of the government's broadcasting staff was abducted. MRTV Chief Engineer Hlaing Moe told The Irrawaddy that he "never heard of that kind of thing happening to our staff in rural areas."

Staff from all of Muse district's seven relay broadcast stations have been transported to Muse town for to ensure their safety.

Northern Shan State has been a hotbed of military activity in recent weeks. Tensions have been high in the area around Muse since late January, when two ethnic Kachin women were brutally killed and possibly raped in Shan State's Kutkai Township.

A government investigation into the incident is still ongoing.

On Feb. 9, devastating clashes broke out between the Burma Army and an ethnic Kokang rebel group known as the Myanmar National Democratic Alliance Army (MNDAA) along the Burma-China border.

Most of the fighting took place in the former Kokang stronghold of Laukkai, the administrative capital of the Kokang Special Region. At least 47 Burmese soldiers and 26 rebel troops have died in the ensuing conflict, according to state media.

Thousands of civilians have fled to nearby towns or across the border into Yunnan, China.

The government announced a state of emergency and martial law throughout the Kokang region on Tuesday.

Additional reporting contributed by Nyein Nyein.

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KNU Plans Ceasefire Meetings With Govt, Criticizes Other Rebel Groups

Posted: 18 Feb 2015 03:29 AM PST

 

KNU Chairman Gen. Mutu Say Poe greets Burma Army Commander-in-Chief Snr-Gen. Min Aung Hlaing after the Union Day celebration on Feb. 12, 2015. (Photo: MPC / Facebook)

KNU Chairman Gen. Mutu Say Poe greets Burma Army Commander-in-Chief Snr-Gen. Min Aung Hlaing after the Union Day celebration on Feb. 12, 2015. (Photo: MPC / Facebook)

RANGOON — Karen National Union (KNU) leaders said they plan to hold bilateral meetings with the Burmese government and army in order to improve ceasefire conditions in Karen State.

They said the move entailed distancing the KNU from the alliance of ethnic armed groups involved in the faltering nationwide ceasefire process, indicating a widening rift between Burma's oldest rebel group and other ethnic armies.

"At the end of this month, we and high-ranking and middle-ranking generals from the Burma Army with decision-making powers will start the discussions," Ta Mu Lar, secretary of the KNU chairman, told The Irrawaddy on Monday, adding that the group had agreed with the government on the outline of the agenda for the meetings.

KNU leaders said they hoped to ask the Burma Army to gradually draw down its troop deployments and outposts in Karen State in order to ease living conditions and transport for local ethnic Karen communities, a move they said that could help build up trust between the Karen and the government.

KNU Chairman Mutu Say Poe explained the initiative to the Karen community in Rangoon on Monday and said the rebel group was resorting to bilateral ceasefire negotiations as the nationwide ceasefire negotiations between the government and 16 ethnic groups represented by the Nationwide Ceasefire Coordination Team (NCCT) had produced no results in past months.

"We, the KNU, are moving to a bloodless battlefield as we become to understand that there is no end in sight for solving political conflicts on the battleground. Political problems must be solved with political means. Only then, they can be resolved," he said.

Mutu Say Poe went on to criticize the NCCT and accused some of the ethnic groups of obstructing progress on the nationwide ceasefire by issuing demands, such as calling for the formation of a federal army, that were unnecessarily complicating negotiations with the government and Burma Army.

The NCCT includes the KNU, but also other powerful groups such as the Kachin Independence Army and the Ta'ang National Liberation Army. The latter are involved in heavy fighting with the Burma Army in northern Burma, which has flared up in recent months after nationwide ceasefire talks stalled because differences over fundamental issues, such as political autonomy and federalism, could not be bridged.

Different ethnic groups have voiced distrust over the government intentions, but the KNU has been keen to maintain its relatively good relationship with Naypyidaw and the army. As a result, differences between leaders of the KNU and other ethnic groups have publicly come to the fore in recent months.

On Feb. 12, Union Day, President Thein Sein presented ethnic leaders with a pledge reaffirming support for the nationwide ceasefire. Leaders of the KNU, the Democratic Karen Benevolent Army and a small Karen splinter group, alongside the Shan State Army-South, signed the statement. All other NCCT groups declined, saying they felt it lacked specific details on the government's commitments to the peace process.

Despite the KNU's good relations with Naypyidaw the group has failed to secure a code of conduct with the Burma Army since it signed a ceasefire, while there have also been reports of increasing militarization in Karen State.

A report released on Wednesday by the Karen Human Rights Group (KHRG) said, "Following the January 2012 ceasefire, villagers have consistently reported to KHRG that Burma/Myanmar Tatmadaw soldiers have moved with greater ease and frequency throughout KHRG's research areas in southeastern Burma/Myanmar, causing feelings of insecurity and anxiety among villagers.

"KHRG has received information regarding various aspects of ongoing militarization, including the Tatmadaw repairing and constructing roads for military use, resupplying their camps with ammunition and food, and strengthening and repairing camps."

 

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From the Frontline: Street Warfare in Laukkai

Posted: 18 Feb 2015 03:03 AM PST

Soldiers from the Burma Army's 33rd Division on patrol in Laukkai over the weekend. (Photo: JPaing / The Irrawaddy)

Soldiers from the Burma Army's 33rd Division on patrol in Laukkai over the weekend. (Photo: JPaing / The Irrawaddy)

LAUKKAI, Kokang Special Region — Abandoned vehicles are riddled with bullet holes. Most apartment buildings and shops are shuttered and locked, with no signs of life inside. Except for the occasional muffled footsteps from one or two people furtively walking down the streets, the silence during the day is deep and lingering. At night, it is a different story.

These were the scenes in the Kokang administrative capital of Laukkai this week, after thousands of people fled the fighting between the Burma Army and the Myanmar National Democratic Alliance Army (MDNAA).

By Monday the Burma Army's was strengthening its hold on the town, with soldiers from the 33rd Division patrolling the streets. After more than a week of fighting led to heavy casualties on both sides, government troops were wary. On one street corner, a soldier hurriedly raised his gun and aimed at figure emerging onto the street from a hidden alleyway 100 meters away, visibly relaxing when he concluded, after a moment, that the man was not a threat.

Nearby, a group of people carrying nothing more than bundles of clothes stood at a junction, waiting for the arrivals of rescue vehicles alongside members of the Red Cross for an evacuation to Kunlong, 50 kilometers (31 miles) to the south.

Hla Htay, a villager from central Magwe Division who traveled to Laukkai for work in a local sugarcane plantation, told The Irrawaddy that his employer had fled to China early last week, leaving without paying wages to plantation workers.

"We stayed here because we did not expect the clashes to be so violent," he said. "Finally, we could not stay at our homes and we had to sleep at the [Burma Army] regional command headquarters for five days. There was gunfire every night. We could not even get to sleep."

Locals reported that some Chinese business owners had paid Burmese workers generous wages to guard their properties before heading across the border to escape the conflict.

"I get 200 Yuan [32,800 kyats, or US$32] for a night. Previously, all I could possibly earn for the whole month was between 2000 to 2500 Yuan [328,000-411,000 kyats, or US$320-400]. Now, I get threefold," said Zaw Gyi, a former resident of Monywa, who on Monday was guarding the Suan Fu Machine Shop in Laukkai.

Kokang soldiers still operating on Monday were making sporadic assaults on regional command headquarters and police stations in the town. According to a senior military official, the Kokang rebels attacked regional command headquarters in Laukkai on Sunday evening, withdrawing after the Burma Army repulsed the troops.

A solider from the 33rd Division said that government forces had the upper hand in the battle, and were doing as much as possible to avoid civilian casualties.

"[The Kokang soldiers] ambushed us in mufti. They also shot at us from buildings and hotels. But they dare not come out at all now. They are also trapped and surrounded by us," he said.

More than 50 civilians are feared dead after more than a week of fighting. The Irrawaddy has confirmed that at least 15 people, including a school headmistress and two female teachers, died in a car crash while fleeing Laukkai.

Huo Shao Chen, a lawmaker from the Shan State Parliament's Kunlong constituency, told The Irrawaddy that more than 20,000 war refugees were now taking shelter in the Chinese border town of Nansan. Others have sought refuge in Lashio, Muse and Mandalay.

"We could take nothing when we fled the fight," said Su Su Thin, a Laukkai refugee currently in Nansan with her family, adding that her grandmother was currently recuperating after being shot in the leg during their escape.

"We recovered 17 bodies today," Kyaw Zaw Htoo, head of the district Red Cross, told The Irrawaddy on Tuesday. "We don't know if they are civilians or armed fighters. Among the bodies are only two or three [ethnic Burmese]."

Government troops seized over 100 weapons and more than 30 members of the MNDAA were killed in action over the weekend. State-run media have confirmed at least 48 Burma Army deaths and 73 injuries since the conflict began on Feb. 9.

Ongoing clashes are fiercer than those during the Kokang Incident six years earlier, locals said, adding that most fighting was taking place after sunset.

According to reports, fighting flared up once again late on Monday evening.

"There was heavy shelling throughout the night," said Kyi Myint on Tuesday, after fleeing Tongcheng ward in Laukkai. "I felt as if they just whizzed past my head, even though I was hiding in a room. They were still firing at 9am today (Feb. 17). I won't dare to stay here any longer."

At present, around 200 to 300 Burmese workers are still stranded in Laukkai, according to Kyaw Zaw Htoo.

Rescue workers said on Monday that many of those still in town are hiding in sugarcane plantations and inside their homes, too afraid of being attacked to head out onto the streets and approach rescue vehicles.

"I do want to go back," said Htay Oo, who has stayed behind during the fighting to guard the Suan Fu Machine Shop with Zaw Gyi. "I have already sent back my family members. There are not many jobs if I go back to Burma. I have to stay here for my livelihood."

Additional reporting by Nang Seng Nom.

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Hundreds Homeless After Fire Ravages Village on Rangoon’s Outskirts

Posted: 18 Feb 2015 02:43 AM PST

The silhouetted remains of settlements in the village of Ba Lote Nyunt on the outskirts of Rangoon. (Photo: Hein Htet / The Irrawaddy)

The silhouetted remains of settlements in the village of Ba Lote Nyunt on the outskirts of Rangoon. (Photo: Hein Htet / The Irrawaddy)

RANGOON — More than 800 residents are homeless and struggling to put their lives back together after a fire in Kyee Myin Daing Township on the outskirts of Rangoon ravaged the village of Ba Lote Nyunt on Monday.

Most of the villagers derive their livelihoods from working odd jobs that don't afford them sufficient incomes to quickly rebuild their homes, fire victims told The Irrawaddy.

"At present, we are clearing the land razed by the fire. We'll distribute the donations equally," said Kyee Myin Daing Township administrator Tin Kyaw Win, referring to charitable giving in the form of food, cash and other supplies.

"We are responsible for rehabilitating. We'll take action in coordination with ward administrative members. We'll report to the government," he said.

Fire victim Hla Hla Win, 42, told The Irrawaddy: "It is not difficult for us to survive on just 1,000 or 2,000 kyats (US$1-2) a day. But my house was completely destroyed and it is quite hard for me to rebuild it."

A temporary relief camp for the fire victims has been set up at the village monastery, but crowded conditions are a health concern in the medium to long term, said a nurse.

Sayadaw U Thumana from the monastery told The Irrawaddy: "For the time being, donors are mostly providing food. There are only a few cash contributors. They [fire victims] have financial difficulties to rebuild their houses."

Over 100 well-wishers had donated food, clothing and other supplies to the relief camp as of Tuesday, said volunteers helping to care for the displaced.

There were no fatalities resulting from the blaze, and only a few minor injuries.

According to Rangoon Division Fire Services Department, a total of 247 households were affected by the fire, about 167 of which were reduced to ash. Losses are estimated at about 23.9 million kyats, according to the fire department.

Department officials said a fire first broke out in the kitchen of a homeowner and quickly spread, aided by the close proximity of homes in Ba Lote Nyunt.

The village's streets were too narrow to accommodate fire engines, according to Sayadaw U Thumana.

Kyee Myin Daing Township is one of three townships on the western bank of the Rangoon River that had been slated for a city expansion plan. The $8 billion project has since been shelved after a backlash over opaque tendering procedures and a lack of public input.

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MNDAA: ‘Sorry, Didn’t See You There!’

Posted: 17 Feb 2015 09:40 PM PST

MNDAA: 'Sorry, Didn't See You There!'

MNDAA: ‘Sorry, Didn’t See You There!’

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Jokowi Tested After Anti-Graft Chief Named in Corruption Case

Posted: 17 Feb 2015 09:25 PM PST

Corruption Eradication Agency chief Abraham Samad in 2013. (Photo: Beawiharta / Reuters)

Corruption Eradication Agency chief Abraham Samad in 2013. (Photo: Beawiharta / Reuters)

JAKARTA — Indonesian police named the head of the anti-graft agency a suspect in a corruption case on Tuesday, the latest twist in a tit-for-tat feud between the rival organisations that has presented the new president with his biggest challenge to date.

Hostilities between the police and Corruption Eradication Commission (KPK) have gone unchecked by President Joko Widodo, whose perceived indecisiveness has dented his popularity and raised questions about his anti-graft credentials in one of Asia's most corrupt countries.

The two most senior KPK officials have now been identified by police as suspects in different criminal cases, casting doubt over the future of the agency.

After questioning more than 20 witnesses, police said they had enough evidence to name KPK head Abraham Samad as a suspect in the falsification of a passport back in 2007.

"Abraham Samad has been named a suspect for falsifying a document," Endi Sutendi, spokesman for South and West Sulawesi police, told reporters.

Samad told reporters he would respect the legal process, but said he did not understand why he had been named a suspect.

Widodo, the popular former governor of the capital, narrowly won a July election with the promise to jaded voters of bringing clean, effective government.

But a survey published by a local pollster this month showed just 45 percent of Indonesians were satisfied with Widodo’s performance, down drastically from 72 percent in August.

"If we hope to attract large private investment in the current conditions, with corruption rampant, will it be successful?" said John Rachmat, head of research at local brokerage Mandiri Sekuritas.

Samad has also faced accusations in parliament of taking part in politics while serving as KPK chief, casting doubt on the agency’s neutrality.

Samad's deputy, Bambang Widjojanto, was named as a suspect by police last month in a 2010 perjury complaint. Widjojanto has offered to resign temporarily, but that has yet to be approved by Samad or Widodo.

Police had earlier threatened to name the agency's four most senior commissioners as suspects in various criminal cases. Under Indonesian law, police can name individuals as suspects without detailing charges.

The moves against the KPK are widely seen as retaliation for the agency’s decision last month to name police chief nominee Budi Gunawan a suspect in a bribery case, which forced Widodo to delay his appointment indefinitely.

But a court this week invalidated the KPK’s decision, claiming it had no legal basis. The KPK has yet to respond.

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Thailand Fails to Tackle Human Trafficking and Abuse: Rights Group

Posted: 17 Feb 2015 09:20 PM PST

Armed volunteers patrol on their boat in Thailand's Phang Nga province on Jan. 23, 2015. A group of Thai civilians, frustrated by their government's lackluster response to human trafficking, have taken up arms to patrol one of Asia's busiest smuggling routes. (Photo: Reuters)

Armed volunteers patrol on their boat in Thailand's Phang Nga province on Jan. 23, 2015. A group of Thai civilians, frustrated by their government's lackluster response to human trafficking, have taken up arms to patrol one of Asia's busiest smuggling routes. (Photo: Reuters)

BANGKOK — Thailand's efforts to combat human trafficking in its multi-billion dollar fishing industry have been "wholly inadequate," and it has failed to end officials' involvement in trafficking and labor abuses, a rights group said.

The US State Department last year downgraded Thailand to its "tier 3" list of worst offenders—alongside 22 other countries including North Korea, Iran and Central African Republic—in its annual ranking of countries by their counter-trafficking efforts.

While Thailand's military-backed government said last month it was "confident" it had met the minimum standards to improve its ranking, the London-based Environmental Justice Foundation (EJF) said on Tuesday that the country was still failing to prevent trafficking and rights abuses in the fishing industry.

"Nothing that we have seen or heard in the last year indicates that Thailand has taken meaningful action to address the root causes of trafficking and abuse," EJF executive director Steve Trent said in a statement.

"The Thai government must take clear, significant and sustained steps to prevent and suppress human trafficking in the fishing industry."

EJF said in a briefing paper that Thailand was failing to enforce laws and crack down on corrupt officials involved in trafficking, and to identify victims of trafficking and forced labor aboard fishing vessels, even though it launched inspections at sea last year.

The government is also not protecting victims who have escaped or been rescued from modern-day slavery, EJF said, citing its interviews with victims who described threats at gunpoint and severe injuries from beatings by staff at government shelters designated to protect victims.

EJF pointed to media reports over the past year detailing Thai and Burmese trafficking victims being rescued, buying their freedom and swimming ashore after escaping from fishing boats.

It cited the Thai-language newspaper Thai Rath reporting in November a case of two Thai children, 13 and 15 years old, being rescued from forced labor aboard a vessel operating out of Ambon, Indonesia.

A month later, Thai Rath reported that exploited workers aboard a Thai-owned fishing vessel in Iran had contacted journalists to request government help to return home.

EJF said Thailand has also not addressed the unregulated industry of labor brokers, whom the private sector has cited as the main facilitators in trafficking and abuse of migrant workers.

"Based on these failures and the ongoing occurrence of systematic trafficking and abuse in the fishing industry throughout the last year, EJF strongly recommends that Thailand remain on tier 3 in 2015," EJF wrote in the paper, calling for the government to implement substantive action and reforms.

The Thai Ministry of Foreign Affairs responded to EJF's findings with a five-page list of its efforts in the areas identified.

It described new policies, such as its "zero tolerance policy" for officials conspiring with trafficking rings, and gave the number of officials arrested, legal actions taken against illegal labor brokers and victims rescued and assisted.

The government is "acutely aware" of the vulnerability of many categories of people, including migrant workers, the statement said, adding that it has stepped up efforts to "proactively identify and protect victims of trafficking."

In 2014, 595 victims of human trafficking were identified, 280 cases investigated, 115 cases prosecuted and 104 people convicted, the ministry said last month in its report aimed at moving up in the US rankings.

However, these numbers are far smaller than those recorded in 2013, when 1,020 victims were identified, 674 cases investigated, 386 cases prosecuted and 225 people convicted.

The post Thailand Fails to Tackle Human Trafficking and Abuse: Rights Group appeared first on The Irrawaddy.

‘Commie-loving Mainlanders’ Targeted at Hong Kong’s Top University

Posted: 17 Feb 2015 09:08 PM PST

Students study in front of a protest banner inside the campus of the University of Hong Kong February 17, 2015. (Photo: Reuters)

Students study in front of a protest banner inside the campus of the University of Hong Kong February 17, 2015. (Photo: Reuters)

HONG KONG — A campus election at a top Hong Kong university degenerated into an acrimonious campaign against mainland Chinese candidates, highlighting simmering tensions two months after pro-democracy protests led by local students paralyzed parts of the city.

Mainland students say they have always felt a distance from their local peers, but recent events in the Chinese-controlled city have fuelled a burgeoning Hong Kong identity among many younger residents, alongside frustration and anger at Beijing.

"To brainwashed Commie-loving Mainlanders, we despise you!" read a flyer posted on the University of Hong Kong's (HKU) "Democracy Wall", underscoring the sharpening divide. The flyer has since been removed.

The so-called "Umbrella Movement" protests late last year, calling for full democracy in Hong Kong, posed the greatest challenge to China's authority since the crushing of a pro-democracy movement in Beijing in 1989.

The Communist Party's People's Daily said this week that life for mainland students in Hong Kong was "getting tougher", and the roughly 150,000 young people it estimates live in the territory were "being treated unfairly as collateral targets."

Divisions at HKU bubbled to the surface when a young woman running for the student union was accused of being a Beijing spy and subjected to online abuse after a campus television report highlighted her Communist Party Youth League membership.

A pro-Beijing newspaper leapt to her defense, warning against what it described as a dangerous "McCarthyite trend" in the former British colony.

Millions of Chinese schoolchildren are members of the Party's Youth League and Young Pioneers.

When another student in the same election confirmed that his grandfather had been a Communist Party member, bright red fliers merging an image of his face with that of Mao Zedong were plastered across his campaign posters.

Despite the accompanying warning to students to "Beware of the Communists, be careful when you vote!" his cabinet, as groups of students running on the same ticket are called, ultimately won.

Polarized

"At the time of an election, sometimes things get a little bit polarized," said HKU Dean of Student Affairs Albert Chau. "In the past even in campaigns between two local cabinets there were remarks made about political affiliation, political association which I don't think were very healthy."

Chau said isolated incidents should not be seen as a sign of growing tension between mainland Chinese and locals.

Some students are not so sure.

"Hong Kong people are trying to control their hatred towards mainland China or people from mainland China, but you can still feel it," said Norah Zheng, a second-year HKU sociology student from Shandong province. "Mainland students somewhat hate local students as well because we feel this hatred from them."

The divide seems sharpest at HKU—students and professors at other Hong Kong universities said relations between local and mainland students had not worsened since the protests.

HKU had the most mainland students of the city's eight publicly-funded universities last year at nearly 3,000, or 16 percent of the student body, according to government data.

"The situation in Hong Kong has definitely become more political," said Nora Lam, the HKU CampusTV reporter whose story about student candidate Eugenia Yip sparked the spy controversy.

"Many student leaders of the Umbrella Movement were Student Union members, so I think it's justifiable that people are so concerned with the candidates' political views or influence."

In January, Hong Kong leader Leung Chun-ying expressed concern that universities could be incubating a separatist movement that would threaten Beijing's sovereignty.

"We must stay alert," he said, singling out HKU's student union magazine Undergrad for advocating self-determination.

"We also ask political figures with close ties to the leaders of the student movement to advise them against putting forward such fallacies."

The post 'Commie-loving Mainlanders' Targeted at Hong Kong's Top University appeared first on The Irrawaddy.

The Kokang Conflict: How Will China Respond?

Posted: 17 Feb 2015 04:00 PM PST

Burma Army troops in the Kokang city of Laukkai on Monday. (Photo: JPaing / The Irrawaddy)

Burma Army troops in the Kokang city of Laukkai on Monday. (Photo: JPaing / The Irrawaddy)

One week before the Chinese New Year, the former leader of the ethnic Kokang National Democratic Alliance Army (MNDAA), Peng Jiasheng, launched ferocious attacks on the government military in Kokang. Peng was driven out of power during the Kokang Incident in 2009 and has since disappeared from public view. While it remains unclear at this moment whether Peng will regain control of Kokang, the renewed conflict and his reemergence have added major uncertainty to Myanmar's peace process and could potentially affect the upcoming elections.

China has a significant security interest at stake in the renewed conflict. The armed conflict and refugee crisis during the 2009 Kokang Incident marred the stability China's borders, as did the Kachin conflict in late 2012 and early 2013. The instability underlines China's biggest concerns over the Burmese ethnic groups on the border and the peace process. While local authorities in Yunnan Province were better prepared to manage the refugee influx this time, future uncertainly inevitably aggravates China's negative outlook for the prospects of security and stability in the region.

Aside from security concerns, the Kokang conflict itself has also become a controversial issue in China. Through the internet and media, Peng's appeal for support of the "Chinese Kokang people" has invoked great sympathy among the Chinese general public. He went on to quite skillfully portray the Burma Army's actions as serving American strategic interests, which resonates deeply with the distrust among some Chinese about the improvement in US-Burma relations. The assistance he received from other ethnic groups, including the Kachin Independence Army, outlines a picture of solidarity among ethnic groups against the Burmese government, which could undermine China's confidence in the peace process.

In the renewed Kokang conflict, ethnic groups have clearly grasped and exploited China's sense of vulnerability. Peng's strategic choice to instigate war and send refugees to China right before the Chinese New Year is a calculated move to force Beijing to push the Burmese government to deflate the tension. In the desired outcome, a Burma Army retreat would allow Peng to reestablish his control of Kokang, position himself as a legitimate representative and leader of the Kokang minority and insert himself in the peace process—perhaps even in the upcoming elections. Such a risky, destabilizing and deadly move is motivated by the ethnic groups' narrow interests to gain political capital rather than by any consideration of the local people, the need for peace and reconciliation or China's national interest.

What happened in Kokang does not represent Beijing's policy preferences or desired outcome. It undermines the stable and peaceful environment China desires for the success of its commercial investments and strategic endeavors. Furthermore, the conflict creates disturbances for Sino-Burmese relations. While a few so-called "strategic thinkers" in China still call for the country to provide support to the border ethnic groups in order to gain more "strategic leverage" against Burma, this school of thought has been clearly rejected by policymakers and mainstream scholars in China.

Yun Sun is a fellow with the East Asia program at the Henry L. Stimson Center and a non-resident fellow with the Brookings Institution.

Yun Sun is a fellow with the East Asia program at the Henry L. Stimson Center and a non-resident fellow with the Brookings Institution.

For China, the strategic importance of Burma significantly outweighs China's interest in the border ethnic groups. Burma is a critical link in President Xi Jinping's One Belt One Road strategy (that is, the Silk Road Economic Belt and the 21st Century Maritime Silk Road). China intends to build infrastructure and connectivity projects through Burma to Southeast Asia, South Asia and the Indian Ocean in order to boost Chinese economic growth and expand economic returns, political ties and strategic influence. Burma is key to the smooth operation of the Sino-Burmese oil and gas pipelines, a national strategic endeavor to diversify energy transportation routes and reduce trade vulnerability. In addition, in keeping with Xi's stated emphasis on "periphery diplomacy", Burma is a priority country where China strives to restore influence, repair ties and mend its damaged reputation.

The border ethnic groups, on the other hand, offer China none of these strategic utilities. By increasingly presenting themselves as the source of the problem without making any constructive contributions to the solution, the ethnic groups are depleting China of the little remaining sympathy and goodwill it has towards their cause. Given China's prioritization of improving ties with Burma, if the border ethnic groups are seen to have become a strategic liability that undermines Sino-Burmese relations, their actions will push China precisely in the opposite direction they wish to see.

China needs the conflict between the Burmese government and the border ethnic groups to be resolved peacefully. This is not just because of the immediate destabilizing effect of the conflict, but also because any military solution or imposed peace will prolong rather than put an end to the crisis. Nevertheless, China's involvement in facilitating or expediting a peaceful resolution is constrained by its own principle of non-interference and, more importantly, by the fear of any backlash in Burma for the perceived Chinese meddling in Burma's internal affairs.

There have been rumors about Peng receiving Chinese support in the renewed Kokang conflict. In fact, given the historical ties between certain local actors in China and the border ethnic groups in Burma, it is not entirely inconceivable that some local actors in China went behind Beijing's back to pursue a different course of action. If there is indisputable proof of such audacious behavior, Burma should lodge a formal complaint with Beijing. Without pushing specific charges with concrete evidence, Burma will achieve little by speculating or complaining. On the other hand, Beijing needs to carefully examine whether its broader national interests in Burma are being undermined by its own players, and if so, rein in their behavior.

While China is on Burma's side with regard to peace and reconciliation, Burma's own ability to manage the issue is a key factor in determining China's position. China may not like the border ethnic groups and their actions, but it will not adopt a policy that is aimed at their elimination. In other words, if the Burma Army cannot manage the country's own insurgency, China will not do the job for it either. Indeed, if the Burma Army easily loses Kokang to a thousand local rebels overnight, it does raise the question to everyone as to whether the Burma Army is the guardian of the nation and its territorial integrity, as it claims to be.

As a national policy, China does not support Peng Jiasheng. However, if Peng does successfully consolidate his control of Kokang, China will not opt to oppose him. China will accommodate such a reality, even if it indicates more uncertainties and risks. (In similar cases of internally divided and unstable countries, such as Pakistan or Afghanistan, China has developed a record of smoothly working with both the local tribes/warlords and the central governments.) To manage uncertainty and resolve conflict requires strengths and wisdom from the Burmese authorities. Any suspicion of China undermining the process is as equally misplaced as any hope for China to solve the problem for Burma.

Yun Sun is a fellow with the East Asia program at the Henry L. Stimson Center and a non-resident fellow with the Brookings Institution.

The post The Kokang Conflict: How Will China Respond? appeared first on The Irrawaddy.

National News

National News


Mandalay supports displaced families

Posted: 18 Feb 2015 12:15 AM PST

Civil society organisations have been working with the Mandalay Region government to support migrant workers driven out of the Laukkai region of northern Shan State by heavy fighting. The authorities and the CSOs are helping them with food and transportation.


UEC, press council to develop election reporting guide

Posted: 17 Feb 2015 11:43 PM PST

Journalists covering the general election later this year will be given a "guidebook" jointly produced by the Union Election Commission and Myanmar Press Council (Interim).

Mandalay students continue march despite warnings

Posted: 17 Feb 2015 11:17 PM PST

A group of student demonstrators continued to march on Yangon yesterday, despite several other columns calling a halt on February 16 in response to government warnings not to enter the country's largest city.


State of Emergency declared in Kokang

Posted: 17 Feb 2015 10:30 PM PST

Myanmar on Tuesday declared a state of emergency in a conflict-torn border region, where ferocious fighting between the army and ethnic rebels has sent thousands fleeing airstrikes and fierce gun battles. 

UNA members question Union Day peace pledge

Posted: 17 Feb 2015 10:26 PM PST

A pledge to work for peace and national reconciliation in the context of a federal union signed amid fanfare on Union Day by leading members of the government and armed forces and some representatives of ethnic armed groups has been dismissed as "meaningless".

CSOs discuss election observer fine print

Posted: 17 Feb 2015 10:25 PM PST

Electoral civil society organisations are continuing to work closely with the Union Election Commission in preparing for the general election later this year.

Armed groups delay informal peace meeting

Posted: 17 Feb 2015 10:24 PM PST

The Nationwide Ceasefire Coordination Team has delayed informal peace talks that were due to start in Chiang Mai today, in a move that is likely to push back the next formal meeting – and any chance of signing a nationwide ceasefire – to at least early March.

Blind school plans physio training

Posted: 17 Feb 2015 10:21 PM PST

The Kyeemyindaing School for the Blind is inviting applications for a three-month course for physiotherapy starting in March.

Shan Herald Agency for News

Shan Herald Agency for News


To the defense chief: Be brave to make peace

Posted: 17 Feb 2015 09:54 PM PST

On 5 January 1968, Peng Jiasheng, "with all out Chinese support", as Bertil Lintner wrote in his Burma in Revolt, entered Kokang and seized it. (The Burma Army was then receiving arms from the United States.)

tiger-as-editorSince then until August 2009, it had been under his sway except for a brief period in late 1992, when he was ousted by the Yang clan.

The problem with Peng is that he wants to come back to Kokang but not like a prodigal son by surrendering to Naypyitaw, as conditioned by it. The only option left for him, right or wrong, is to return by force. And that's what he has done. And look what has happened.

And now, since 9 February, almost 6 years after he was dislodged by the Burma Army, he is back in his old stamping ground. And the army chief Senior Gen Min Aung Hlaing has been talking about "defending national sovereignty" since his visit to northern Shan State on Sunday, 15 February.

The question therefore arises: Is Burma's sovereignty under threat from China again as in the 1968-89 period? Which naturally begs another question: Is he expecting US aid against "aggression" from China?

No doubt many across the border sympathize with their ethnic cousin on this side in his crusade to reclaim his homeland, especially after his interview given to the Global Times a few months back, as confirmed by SHAN sources. But that doesn't mean Beijing is ready to pull all its stakes out from Burma to aid a handful of its cousins there. If it were, then Kokang would now be firmly under Peng's sway again.

Of course, as SHAN has already reported, Beijing is still waiting to see if Naypyitaw still regards it as "a friend in need" as between 1988-2011, when without China coming to the rescue, the country would have fallen apart.

Now Naypyitaw has more friends who used to be its longtime and most outspoken critics. Naturally, it wouldn't be advisable for Beijing (indeed too early for it) to be too harsh on the armed rebels on its borders as it was before. Saying that the army's counter offensive is in "defense of national sovereignty" therefore is clearly an overstatement.

What Naypyitaw needs to do it to call for a ceasefire talk, reach a ceasefire agreement, and explore how Peng could be relocated in the Kokang area. Of course, a reconciliation program between himself and his erstwhile deputy Bai Xuoqian, who is now Naypyitaw's point man there, would be in order.

What SHAN suggests may be admittedly a bitter pill for the defense chief. But if he is also a follower of Sun Zi (BC 623-543), he will remember that "<strong>A government does not mobilize an army out of anger, and military leaders do not make war out of wrath</strong>."

SHAN hopes its poor counsel is taken into serious consideration, as the war option will for sure mark the beginning of the end of the ongoing peace process.

DEED of COMMITMENT For Peace and Reconciliation

Posted: 17 Feb 2015 07:50 PM PST

This is an historic moment as it is the first time that a President of Myanmar has formally signed a commitment to build a democratic and federal union. We are convinced that President U Then Sein's declared commitment will further strengthen the reform process in Myanmar and create a conducive environment for the continuing efforts to reach a Nationwide Ceasefire Agreement.

Vijay Nambiar, Special Advisor to the UN Secretary-General for Myanmar 12 February 2015 EBO Brief  Deed of Commitment
On 12 February 2015, the 68th Anniversary of the signing of the Panglong Agreement in 1947, President Thein Sein, signed a Deed of Commitment to establish a federal democratic Pyidaungsu, something all ethnic leaders, political parties and armed groups have been calling for since 1948 when the Republic of the Union of Burma came into being. It was a momentous and historic moment. The fact that two Vice-Presidents, the two Speakers of Parliament, 16 Union Ministers, 55 political party leaders, 29 Ethnic Affairs Ministers, and three Lieut-Generals also signed, amounted to an incredible show of support for federalism.

This is momentous, considering that for the last 53 years, the word federalism was a taboo that could earn anyone using it, let alone advocating it, a lengthy prison sentence. General Ne Win seized power from the democratically-elected government of Prime Minister U Nu in 1962 claiming that federalism would lead to the break-up of the country. President Thein Sein has reversed history by making it a key part of his government's reform agenda.

The Deed of Commitment also called for the signing, as soon as possible, of the Nationwide Ceasefire Agreement (NCA), building a new culture of dialogue to resolve problems rather than using force, completing negotiations on a Framework for a Political Dialogue, and convening an inaugural conference for a political dialogue before the next general elections.

The Deed should give new life to the NCA negotiations which have been stalled since Sept 2014. In fact, all five points committed to by the government were already agreed by both sides in the draft NCA. However, the ethnic armed organizations (EAOs) were wary and wanted a firm commitment from the government before proceeding with the NCA. This is the first time that the government has committed on paper to negotiating a Framework with all stakeholders, and holding an inclusive political dialogue to resolve political problems. The last point in the Deed called for a reduction in hostilities and the use of legal instruments (such as Articles 17/1 and 17/2) to restrict and intimidate dialogue partners.

Chairman Saw Mutu Sae Poe signed on behalf of the KNU. General Yin Nu signed on behalf of the K/K PC (a breakaway group from the KNU), and General Moshe signed on behalf of the DKBA (another KNU breakaway faction). Considering that the KNU has been wracked by internal dissent in recent years, the fact that three Karen armed organizations were able to agree and act together for the future well-being of their people is a very significant achievement. Chairman Sao Yawd Serk signed on behalf of the RCSS/SSA-S.

The President agreed to the Deed of Commitment on 10 Feb and government Ministers led by Soe Thane and Aung Min proposed the signing of the Deed on 11 Feb to the delegates of the ethnic armed organizations that had arrived to celebrate Union Day. All agreed in principle but they had not come with a mandate to sign anything. The UWSA, NDAA and SSPP asked for time to consult with their headquarters. The ABSDF, ALP, CNF, PNLO, and NMSP felt that the Deed should be discussed in-depth before signing. The NSCN-K did not speak but it is understood that they want a Greater Nagaland straddling India and Myanmar.

The Commander-in-Chief, Senior-General Min Aung Hlaing was away in Malaysia and arrived back in Nay-pyi-taw only on the evening of 11 Feb. Initially, the President and the VPs and Speakers were only to act as witnesses, not sign the Deed, so it was not necessary for the Commander-in-Chief to be present. President Thein Sein surprised everyone by signing the Deed himself and others had to follow. But while Min Aung Hlaing did not come to the signing ceremony, he had personally negotiated the wording for the Deed after he arrived back. So as was arranged initially, he assigned three top Lieut-Generals involved in NCA negotiations to represent the Tatmadaw. They were given direct orders by him to sign.

The Deed is a commitment, an expression of intent. It is not an agreement, let alone a Nationwide Ceasefire Agreement. The commitment was made to enable the NCA to be signed by building confidence and trust. It is not meant to supersede the NCA as some fear. NCA negotiations have been stalled since Sep 2014. The concern was that since no progress had been made in 5 months, the talks might breakdown completely as conflicts increase. The Deed commits all signatories to sign the NCA as soon as possible.
The Deed was initiated by the EAOs, not the government, contrary to suspicions that this is another attempt to divide the EAOs. The Deed is not an agreement binding all stakeholders. Those who do not sign will not be left behind or penalized. President Thein Sein has stated clearly that those who are not ready, can sign at a later date: It is an Open Book.

There is nothing in the Deed that is new. All five items in the Deed have been discussed numerous times in NCCT-UPWC negotiations. They are also the least contentious items in the NCA. Both sides have already agreed to the 5 items. But since the NCA has not been signed, they were not 'official'. The Deed now makes them official and explicit.

Without a bilateral ceasefire or an NCA, there was no mechanism to stop the fighting such as started in Laukkai on 9 Feb. Both sides could launch attacks and counterattacks. The Deed should make it easier to sign the NCA and the NCA in turn could help moderate such outbreaks of violence. Without the Deed and without an NCA, the Tatmadaw could be free to attack the KIO, TNLA, AA and MDNAA who have not yet signed any ceasefire agreements.

The political significance of the Deed of Commitment cannot be underestimated. But now, the NCCT and UPWC must decide on the NCA. The future is in their hands – Peace or War!

Tuesday, February 17, 2015

The Irrawaddy Magazine

The Irrawaddy Magazine


Govt Declares State of Emergency, Martial Law in Kokang Region

Posted: 17 Feb 2015 06:52 AM PST

 

Burma Army troops patrol in the town of Laukkai, capital of the Kokang Self-Administered Zone, on Tuesday. (Photo: JPaing / The Irrawaddy)

Burma Army troops patrol in the town of Laukkai, capital of the Kokang Self-Administered Zone, on Tuesday. (Photo: JPaing / The Irrawaddy)

RANGOON — The Burmese government announced a state of emergency and martial law in the Kokang Self-Administered Zone on Tuesday evening after a series of clashes between the Burma Army and armed Kokang rebels in the regional capital Laukkai.

A statement signed by Burma's President Thein Sein said that despite a curfew imposed in the area since Feb. 12, a barrage of attacks by Kokang rebels had forced the government to announce a state of emergency in the region.

In a separate announcement on the same day, the president announced martial law in the Kokang zone, granting administrative and judicial power to Burma Army commander in chief Min Aung Hlaing "for the speedy restoration of law and order in the region."

"The military commander in chief shall practice those powers either by himself or allow another suitable military official instead," the statement said.

Fighting in northeast Burma began on Feb. 9, and has killed at least 47 members of the Burma Army and 18 rebel troops. Thousands of refugees have fled across the border into China as a result of the hostilities.

The post Govt Declares State of Emergency, Martial Law in Kokang Region appeared first on The Irrawaddy.

Kachin Man Accusing Army of Killing Daughter Found Guilty of Defamation

Posted: 17 Feb 2015 06:38 AM PST

Brang Shawng, pictured, was found guilty on Friday of defamation under Article 211 of the Penal Code.

Brang Shawng, pictured, was found guilty on Friday of defamation under Article 211 of the Penal Code.

RANGOON — A court in northern Burma has found an ethnic Kachin man guilty of defamation, after he accused the Burma Army of killing his 14-year-old daughter.

The verdict on Friday, from a court in Kachin State's Hpakant Township, ends a trial that has spanned nearly 12 months and dozens of hearings. The defendant Brang Shawng was fined 50,000 kyats (US$50) for defamation, opting to pay the monetary penalty instead of serving a six-month prison sentence.

Brang Shawng wrote an open letter to President Thein Sein and lodged a complaint with the Myanmar National Human Rights Commission in September and October of 2012, respectively, seeking an investigation into the death of his daughter, Ja Seng Ing, who was killed on Sept. 13, 2012. Her father has said that she was shot dead by the Burma Army in an incident of indiscriminate fire in the Kachin State village of Sut Ngai Yang, while the Burma Army maintains that she succumbed to shrapnel wounds from an explosive device detonated by the Kachin Independence Army (KIA).

The 49-year-old was found guilty of "falsely charging any person with having committed an offense, knowing that there is not just or lawful ground for such proceeding or charge against that person," under Section 211 of the Penal Code. The charge, brought by Maj. Zarni Min Pike, carries with it a maximum sentence of two years in prison.

"I sincerely wanted to know the truth about the death of my daughter," Brang Shawng told The Irrawaddy on Tuesday. "I didn't intend to harm anyone. So, I requested that the president initiate a fact-finding [probe]."

With no response from the government, a 10-member coalition calling itself the Ja Seng Ing Truth Finding Committee released a report in December 2014 detailing its own investigation into the killing, in which several witnesses provided testimony accusing Burma Army soldiers of shooting Ja Seng Ing.

Two international human rights groups condemned the verdict on Tuesday, with Amnesty International calling the charge "politically motivated and solely in retaliation for his complaint against the Myanmar Army."

"As such, his sentence should be overturned," Amnesty added.

Fortify Rights, a Bangkok-based rights group that has been involved in efforts by the Ja Seng Ing Truth Finding Committee to get Brang Shawng acquitted, echoed calls for a reversal of the verdict.

"The military commits abuses, controls the courts, and retaliates against those who speak out," Matthew Smith, executive director of Fortify Rights, told The Irrawaddy. "Ongoing impunity is one of the biggest obstacles to positive change in Myanmar. The international community should redouble support for efforts to ensure accountability at all levels."

Friday's verdict comes as a more recent high-profile murder case in neighboring Shan State continues to unfold.

Two Kachin schoolteachers were found brutally murdered in their shared dormitory in Kutkai Township, northern Shan State, on Jan. 20. Allegations of rape and Burma Army involvement in the killings have accompanied the investigation from the outset, and the military on Jan. 28 released a statement declaring its soldiers' innocence. The Burma Army said any accusation of a military role in the women's deaths would be met with legal action once the results of the probe were released.

Brang Shawng said he is still weighing whether to appeal last week's verdict.

"I think the mindset of the army is that nobody can do anything against them—no matter what you do, whether you're right or wrong. Nobody can blame them," he said.

The post Kachin Man Accusing Army of Killing Daughter Found Guilty of Defamation appeared first on The Irrawaddy.

Court Deems White Card Holders’ Vote Unconstitutional, Sends Law Back to Parliament

Posted: 17 Feb 2015 06:02 AM PST

Lower House Speaker Shwe Mann arrives at the Parliament meeting room in Naypyidaw. (Photo: Reuters)

Lower House Speaker Shwe Mann arrives at the Parliament meeting room in Naypyidaw. (Photo: Reuters)

RANGOON — Burma's Constitutional Tribunal informed Parliament on Monday that the articles of the recently passed Referendum Law that granted white card holders voting rights are in violation of the Constitution.

Union Parliament Speaker Shwe Mann read out the Tribunal's verdict stating that "white card holders are ineligible to vote in a referendum on amendment[s] of [the] State Constitution," as it violated the charter's Article 4, Article 38(a) and Article 391, state media reported on Tuesday.

According to Article 391, only those with citizenship can be granted voting rights, the verdict stated.

The verdict of the Tribunal had become a moot point after President Thein Sein last week decided to backtrack on the implications of the Referendum Law he had sent to Parliament by issuing a directive that let all temporary identification cards expire per March 31.

The decision automatically revoked the voting rights of the approximately 750,000 card holders, which for the most part comprise members of the stateless Rohingya Muslims in western Burma's Arakan State. An unknown number of ethnic Chinese, Kokang and Wa minorities are also white card holders.

Before the president's directive was issued, opposition lawmakers of Arakanese and other ethnic parties, and the National League for Democracy asked the Tribunal to review the Referendum Law as they oppose enfranchising the holders of the cards, who are not granted citizenship rights under Burmese law.

Although the verdict had lost much of its importance after the directive was issued, opposition lawmakers said they were pleased with the Tribunal's decision, which meant that the Referendum Law will have to be amended and again be put to a parliamentary vote.

Khin Maung Swe, a lawmaker of National Democratic Force Party, said it would have been "non-sense if those who granted are citizens' [voting] rights are holding white cards—whether they are Muslims or Buddhists."

The 1982 Citizenship Law disqualified the Rohingya from any citizenship claims they might have had—despite the fact that many have lived in Arakan State for generations—after which the government required them to take white cards instead.

Despite their unclear status, the former military government granted the group voting rights and let members from Muslim-majority constituencies in Arakan State represent the ruling Union Solidarity and Development Party in Parliament.

The government has said that its recent decision to let white cards expire will require the Rohingya population to undergo citizenship verification by local authorities. The process is obscured by a dearth of information, however, and has only been piloted for a brief period before running into opposition of the Arakanese community, which considers most of the Muslims in northern Arakan illegal immigrants from Bangladesh.

Pe Than, a Lower House lawmaker with the Arakan National Party, said parliamentary discussions should now focus on how the citizenship verification process should take place. "It's important to examine accurately and fast according to the 1982 Citizenship Law—the government needs to do it with transparency," he said.

The decision by Parliament is likely to anger the Muslim group, whose plight has rapidly worsened in recent years.

Shwe Maung, a USDP lawmaker representing a Muslim-majority Buthidaung Township in Arakan State, expressed concern over the fact that the stateless Muslims would be without any legal documentation after the white cards expire.

He said the verification process should be conducted in a fair manner before the holders are required to handover their cards on May 31. "Otherwise, they will be paperless human during identification process," Shwe Maung said.

The international community has long criticized the government's treatment of the Rohingya and has called on Naypyidaw to grant them citizenship. A top US State Department official said last week that the government's decision to revoke the group's voting rights and cards was "counter reconciliation."

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Red Cross Convoy Ambushed Near Laukkai

Posted: 17 Feb 2015 04:57 AM PST

A convoy of the Myanmar Red Cross Society comes under fire by rebel troops near Laukkai, where insurgents are in conflict with the Burma Army. (Photo: JPaing / The Irrawaddy)

A convoy of the Myanmar Red Cross Society comes under fire by rebel troops near Laukkai, where insurgents are in conflict with the Burma Army. (Photo: JPaing / The Irrawaddy)

A convoy of the Myanmar Red Cross Society came under fire by rebel troops on Tuesday as it was traveling near Laukkai, the administrative capital of Kokang Special Region 1, where insurgents have been in conflict with the Burma Army for more than a week.

The convoy, which was carrying MRCS staff and at least two journalists, was attacked while driving between Laukkai and Chin Shwe Haw after an aid mission in the devastated township.

The fleet of seven vehicles was transporting more than 100 displaced persons from Laukkai to Lashio. They were attacked around 2pm. One truck was struck by gunfire. The bullet came from atop a nearby hill to the vehicle's left, a witness said.

The vehicles were clearly marked with MRCS insignia. Some of trucks in the convoy were blue, which the witness said indicated that they were not Burma Army vehicles as they are typically green.

Two members of the convoy were injured during five minutes of fire. Both survived and were transported to Kunlong General Hospital for medical treatment after the convoy spent 30 minutes hiding in a street-side gutter, according to Irrawaddy photographer JPaing, who was traveling with the convoy.

Prior to the attack, an army convoy headed to Laukkai clashed with Kokang rebels near Chin Shwe Haw.

Since fighting began between the Burma Army and an ethnic rebel group called the Myanmar National Democratic Alliance Army (MNDAA) on Feb. 9, dozens have died and tens of thousands of civilians have been displaced, many spilling over the nearby border into Yunnan, China.

This article was updated on Feb. 17, 2015, at 8:30 pm, to add new details and clarify that the injured were taken to Kunlong, not to Chin Shwe Haw as previously reported.

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China Says Thousands Forced to Flee Fighting in Burma

Posted: 17 Feb 2015 04:42 AM PST

The Burma Army is consolidating its presence in the Kokang capital of Laukkai, eastern Burma, on Feb. 17, 2015. (Photo: JPaing / The Irrawaddy)

The Burma Army is consolidating its presence in the Kokang capital of Laukkai, eastern Burma, on Feb. 17, 2015. (Photo: JPaing / The Irrawaddy)

BEIJING — Thousands of people have been forced to flee Burma into the southwestern Chinese province of Yunnan following fighting between Burma's army and insurgents, the Chinese government said, repeating a call for restraint.

The fighting and heavy casualties are a setback for Burma’s efforts to forge a nationwide ceasefire and end a patchwork of insurgencies that have bedeviled the coutry since shortly after its independence in 1948.

The clashes in Shan State in the northeast between the army and a group called the Myanmar National Democratic Alliance Army (MNDAA) have alarmed China, which fears an influx of villagers fleeing violence and called this week for peace on the border.

In a statement released late on Monday on an official provincial news website, the Yunnan government said that since Feb. 9 there had been more than 30,000 trips by border residents both into and out of China, implying multiple crossings by some people depending on how the fighting ebbs and flows.

It was the first time the government had put a number on how many refugees it was having to deal with.

Authorities are providing humanitarian assistance, but have also stepped up patrols to ensure the border is kept under control, the Yunnan government said.

Chinese Foreign Ministry spokeswoman Hua Chunying on Tuesday repeated a call for a ceasefire.

“We want to use this opportunity to once again call on all sides involved in the clashes in Myanmar [Burma] to exercise restraint and avoid the situation escalating further to ensure peace and stability of the border, and especially to avoid affecting security on the Chinese side,” she told reporters.

The MNDAA was formerly part of the Communist Party of Burma, a powerful China-backed guerrilla force that battled the Burmese government until the group splintered in 1989.

Fighting between the rebels and the army in 2009 pushed tens of thousands of refugees into southwestern China, angering the government in Beijing.

The post China Says Thousands Forced to Flee Fighting in Burma appeared first on The Irrawaddy.

Southern Student Protests Disband, as Mandalay Marchers Press Ahead

Posted: 17 Feb 2015 04:35 AM PST

Student protesters from Mandalay arrive in Okpo, Bago Division on Sunday afternoon. (Photo: Sai Zaw / The Irrawaddy)

Student protesters from Mandalay arrive in Okpo, Bago Division on Sunday afternoon. (Photo: Sai Zaw / The Irrawaddy)

RANGOON — Student demonstrations in the country's south have officially halted in anticipation of promised reforms to Burma's National Education Law, as the procession from Mandalay which inaugurated protest marches across the country last month have vowed to press ahead to Rangoon.

Student groups from Dawei, Moulmein and Irrawaddy Division announced on Monday they would cease their activities and return home in anticipation of a revised education bill being submitted to the Union Parliament.

Min Lwin Oo, a leadership committee member of the combined Dawei and Moulmein student groups, told The Irrawaddy on Monday that as the government has agreed to quadripartite talks and the drafting of a new education bill, protesters had decided not to continue their journey to Rangoon.

"We will return to our homes tonight," he said. "We will explain our draft bill to the students of our hometowns and we will keep watching to see if the parliament approves our bill. If they don't, we will return to our protests even stronger than before."

Kyaw Nanda, a student leader from the Irrawaddy Division protest groups, said that the column last week on the outskirts of Rangoon Division would return home by Wednesday.

"We will not march to Rangoon," he said on Monday. "The public and our parents worry about us, so from today we will halt our protest and keep monitoring the situation in parliament. We will take the students who participated in the protests back to their parents."

Leaders of the protests have partially attributed their decision to the release of two statements by Dr. Ashin Nyanissara, one of Burma's most revered monks. An open letter to the protesters told them to be proud of their successes and resume their studies to improve the future prospects of the country.

"Students are the children of the country," a subsequent statement to the government read. "So, they are also the children of the government. Parents forgive their children, so the government should forgive the students, and agree as much as they can to their demands."

On Sunday, student representatives and members of the National Network for Education Reform (NNER) finished drawing up an amended education bill at the Ministry of Education in Naypyidaw. According to Min Thwe Thit, a member of the Action Committee for Democratic Education and one of the members of the Mandalay march, the bill was submitted to Parliament Speaker Shwe Mann on Monday and will be discussed over the course of the parliamentary sitting week.

The ambitious bill incorporates the 11 principal concerns of student protesters, broadly seeking to loosen government control over educational institutions and expand access to education. Specific provisions include the establishment of free middle school education, explicit allowance of independent student and teaching unions, a decentralized curriculum, and native language instruction in classrooms based in ethnic minority regions.

Khine Maung Myint, a lawmaker and member of the Education Committee, said that the bill is likely to have a quick passage through parliament.

"The amended bill will be discussed in each house. If there is no argument between the houses, it will be sent straight to the president to sign. If there are disagreements, the next joint session of parliament will debate the bill and then send it to the president," he said.

Student protesters from Mandalay, on the march since Jan. 20, said they would continue their demonstration despite the government's concessions on education policy.

"We continue to protest and we hope to arrive Rangoon next 10 days," said Min Thwe Thit. "There is the meeting between protesters tomorrow to determine their willingness to continue, but most of the students want to go on."

The Mandalay demonstrators have now left Min Hla town and are on their way to the Bago Division township of Letpadan, having completed two-thirds of the 640-kilometer (400-mile). About 200 core protesters are now permanent members of the march, their ranks usually swelling above 700 as local residents join the procession to provide temporary escorts and protection through populated areas.

The Ministry of Information announced on Friday night that "for the sake of the country's security, rule of law and to maintain regional peace," authorities would not allow protesters to enter Rangoon. "Actions in accordance with the law" would be taken if protesters pushed ahead with their plan to assemble in the commercial capital, the ministry said.

The post Southern Student Protests Disband, as Mandalay Marchers Press Ahead appeared first on The Irrawaddy.

Civil Society, UEC Bridge Election Monitoring Differences

Posted: 17 Feb 2015 04:14 AM PST

People count votes in a ballot station during by-elections in Rangoon on April 1, 2012. (Photo: Reuters)

People count votes in a ballot station during by-elections in Rangoon on April 1, 2012. (Photo: Reuters)

RANGOON — Burma's Union Election Commission (UEC) has agreed to most of the amendments advocated by civil society organizations on a proposed code of conduct for monitors of this year's general election.

"The UEC agreed to most of the points that CSOs demanded changes on and it is amazing that they agreed." Thant Zin Aung, project manager at Election Education Observation Partnerships (EEOP), told The Irrawaddy on Tuesday.

A first UEC-written draft of the election monitoring rules was made available to civil society organizations in mid-December, and CSOs were given until mid-January to submit comments and suggestions for the commission. The UEC met with more than 50 local civil society groups and 11 international organizations in Rangoon on Monday to discuss the proposed revisions and finalize the document.

At the meeting, UEC chairman Tin Aye reiterated a commitment to hold this year's elections by the end of October or early November.

"We will try to hold free and fair elections as best we can, but an election is not a win-win situation, so the winner will say the election is fair but the loser will say it is not fair," he said on Monday.

Thant Zin Aung said the UEC had agreed to change an important ambiguity in the previous draft that appeared to allow accreditation of election monitors no more than 15 days before the polls, after CSOs pointed out that monitoring activities generally start months ahead of Election Day. The amended provision allows for accreditation from the date that Election Day is announced, which will be at least three months prior to the vote.

About two-thirds of the original code of conduct has been changed in line with the desires of CSOs, according to Ye Kyaw Swar Myint, executive director of the People's Alliance for Credible Elections.

The UEC agreed to add specific criteria for election monitoring groups to meet for accreditation and laid out the procedure for appealing if an organization is rejected, both of which did not exist in the original draft.

Ye Kyaw Swar Myint told The Irrawaddy that Article 6 of the rules, which originally didn't allow monitors to ask voters who they have voted for, had been nixed and replaced with a prohibition on asking such questions of voters "within 500 yards of a voting station."

Another restriction preventing election monitors from reporting "winning candidates and related information" until after election results are officially announced by the UEC has also been struck from the code of conduct, he said, adding that an entire chapter titled "Prohibitions" was removed as well.

CSOs had been concerned that "related information" could be construed to act as an effective gag on documentation of voting irregularities or other important election monitoring activities.

Chapter 7, which originally required individual Burmese monitors to register their ethnicity in applying for accreditation, has been changed to require only an individual's national identification number.

"The commission will send back the final version of the COC [code of conduct] and regulations for us within two weeks and we will check that it includes our agreed points," said Ye Kyaw Swar Myint, adding that the document was expected to be officially promulgated shortly thereafter.

One suggestion that was not implemented was an EEPO request to allow any citizen to apply for election monitoring accreditation; only registered CSOs will be allowed to field monitors.

Additional reporting by San Yamin Aung.

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Wa, Mongla Rebels Deny Involvement in Kokang Conflict

Posted: 17 Feb 2015 04:02 AM PST

The United Wa State Army on parade in this file photo. (Photo: SYCB)

The United Wa State Army on parade in this file photo. (Photo: SYCB)

RANGOON — The powerful United Wa State Army (UWSA) and the Mongla rebel group in northern Burma have denied any involvement in ongoing heavy fighting between the Burma Army and ethnic Kokang rebels in Shan State.

A Chinese-language joint statement, dated Feb. 12 and apparently bearing official seals of the United Wa State Party and Mongla Special Region 4, was circulated in recent days and states the groups are "deeply concerned" about the escalation in fighting between the army and the Kokang rebels since Feb. 9.

"Special Region No. 3 (Wa State) and Special Region No. 4 (Mongla) are willing to do our utmost to facilitate peaceful negotiations between the two sides while maintaining our policy that 'we do not support the clashes and are not involved in clashes,'" the statement said.

"Both sides are urged to put the interests of national people at the fore, and are to resolve the dispute through peaceful negotiation," the groups said. The Irrawaddy could not immediately verify the statement's authenticity.

Heavy fighting has raged in northern Shan State's Kokang Special Region as the Burma Army fought with the 1,000-man strong Kokang rebels, also known as the Myanmar National Democratic Alliance Army (MNDAA), and its allies, the Ta'ang National Liberation Army and the Arakan Army, at more than a dozen sites.

The Kokang Region borders the Wa's Special Region 3 to the east, which is located adjacent to Special Region 4 of the much smaller Mongla group (also known as the National Democracy Alliance Army) further east.

Army reinforcements streamed in last week as helicopter gunships and fighter jets launched airstrikes on rebel positions in the mountainous region. Government forces were able to retake control of Laukkai, the largest town in the Kokang area, where army and police stations have come under heavy rebel attack.

Dozens of casualties were reported on both sides and tens of thousands of civilians have fled into China or south to central Burma, according to state media reports.

The Kachin Independence Army has cooperated with the MNDAA, while some Burma experts, such as veteran journalist Bertil Lintner, have said they believe that the UWSA are supplying the warring rebel groups with arms and ammunition.

Burma's Commander-in-Chief Min Aung Hlaing, in a Union Day speech last week, accused unnamed ethnic armed groups of "being involved in the fight of Kokang renegade troops," adding that "They have to take responsibility for it."

Burma's nationwide ceasefire process faltered in recent months and fighting with three non-ceasefire groups, the KIA, TNLA and MNDAA, has intensified.

The Kokang, Wa and Mongla are ethnic groups located along the Burma-China border that have strong cultural and business links with China. Their armed groups belonged to the Communist Party of Burma until its demise in 1989, when it fell apart into separate ethnic armed groups that cut ceasefire deals with the then-military regime that granted them a degree of autonomy.

Kokang leader Peng Jiasheng, who is leading the fight against the Burma Army, is the father-in-law of Mongla group leader Sai Lin.

The Wa, which have long been accused of large-scale illegal drug trade and gun-running, have emerged as the most powerful rebel army in Burma with an estimated 20,000 fighters and sophisticated Chinese weaponry, including armored personnel carriers, surface-to-air missiles and possibly helicopters.

The UWSA has had a ceasefire with the government in past decades, but the issue of autonomy for the Wa region has yet be resolved.

The Kokang ceasefire lasted from 1989 until August 2009, when a Burma Army offensive took the Kokang region without firing a shot and raided the properties of MNDAA leader Peng Jiasheng, replacing him with his Kokang rival Bai Souqian. At the time, Peng Jiasheng was believed to have fled to Wa territory with several hundred men.

Additional reporting by Thet Ko Ko.

The post Wa, Mongla Rebels Deny Involvement in Kokang Conflict appeared first on The Irrawaddy.

Who Is Peng Jiasheng?

Posted: 17 Feb 2015 03:52 AM PST

Kokang leader Peng Jiasheng poses for a photograph with Kokang children at a local festival on February 3. (Photo: www. kokang.net)

Kokang leader Peng Jiasheng poses for a photograph with Kokang children at a local festival on February 3. (Photo: www. kokang.net)

As heavy fighting rages in the Kokang Special Region in northern Shan State, this 2009 article from The Irrawaddy archive explores who is Peng Jiasheng, the aging Kokang rebel leader of Myanmar National Democratic Alliance Army (MNDDA), his background and ties to the defunct Communist Party of Burma and illicit drug trade. 

A Kokang Chinese, he was born in 1931 in Hong Seu Htoo village in Kokang territory and served in the Kokang Revolutionary Force in 1960s. He was always in touch with members of the Communist Party of Burma who were active along the China-Burma border.

Peng Jiasheng also spent time in Beijing and upon his return and he entered Kokang territory in January 1968 as a commander of the Kokang People's Liberation Army, a group that officially merged with the Burmese communists. He was first involved in the heroin and drug trade during the 1970s.

In 1989, Peng Jiasheng took a bold step and his group led a mutiny within the CPB and formed a Kokang armed group known as the Myanmar National Democratic Alliance Army (MNDDA). Three years later, Peng Jiasheng group was outmaneuvered by the Yang clan, Yang Molian and Yang Muxian, two Kokang Chinese brothers who supported the CPB. Yang Muxian was executed in Kunming in 1994 on drug trafficking charges. In later years, Peng Jiasheng and the Yang group joined forces.

The drug lord, Lo Hsing-han, who is a Kokang-Chinese, was arrested in 1973 in Thailand and deported to Burma, where he received a death sentence in 1976. He was released during an amnesty in 1980.

Settled in Rangoon, Lo Hsing-han or as the "Godfather of Heroin" and his son Tun Myint Naing (a.k.a Steven Law) set up Asia World Company—a company involved in the construction of homes and hotels, Rangoon port development and highway construction. Both father and son are now on the US sanction list. He is one of the wealthiest persons in Burma and Asia World is largest conglomerate in Burma – several international organizations including European Commission rented one of its buildings known as Hledan Centre in Rangoon.

In any case, by 1989 Peng Jiasheng and his brother Peng Jiafu had reunited with Asia's renowned former drug trafficker Lo Hsing-han, who acted as a go-between for the regime to negotiate with CPB mutineers. Lo Hsing-han died in Rangoon two years ago. Since Peng Jiasheng reached a ceasefire deal with then military regime, the Kokang leader was often seen meeting with senior military leaders and visiting UN officials.

In the international press, Peng Jiasheng, like Wa leaders, was described as one of Burma's most prominent drug traffickers and is widely linked to Chinese criminal gangs. However, the regime in Burma has protected him and all other drug traffickers. He even attended the regime's National Convention in early 1990s and he was known to be close to former intelligence chief Gen Khin Nyunt's notorious intelligence units. Thus, his drug business and money-laundering scheme were protected.

Over the years, this meant the illegal drug business boomed, and Peng Jiasheng, Peng Jiafu and Lo Hsing-han controlled a large amount of the illegal drug trade, enjoying their new status as government-recognized militia commanders.

Journalist Bertil Lintner, who has written several books on Burmese drug trafficking and the ethnic insurgency, notes that under the blanket amnesty, Peng and other Wa and Kokang Chinese leaders were involved in laundering drug money into the local economy.

The Peace Myanmar Group, one of the companies on the US sanction list, is connected to the Yang clan in Kokang.

It is believed that Peng Jiasheng has invested money through many Kokang channels into businesses in Burma and China.

In April 2009, a report "Burma and Transactional Crime" by the US Congressional Research Service stated that the regime has reportedly allowed and encouraged traffickers to invest in an array of domestic businesses, including infrastructure and transportation enterprises, receiving start-up fees and taxes from these enterprises in the process.

The report said, "The traffickers usually deposit the earnings from these enterprises into banks controlled by the military, and military officers reportedly deposit much of their crime-related money in foreign bank accounts in places like Bangkok and Singapore.

"In 2003, the Secretary of the Treasury reported that some Burmese financial institutions were controlled by, or used to facilitate money laundering for, organized drug trafficking organizations

The report said that though there is little direct evidence of top-level regime members' involvement in drug trafficking related corruption, "There is evidence that high-level officials and Burmese military officers have benefited financially from the earnings of transnational crime organizations. In the case of the drug trade, reports indicate Burmese military officials at various levels have several means to gain substantial shares of narcotics trafficking earnings."

But in 2009, Burmese armed forces (Khin Nyunt was then under house arrest) attacked his base in Laogai to clampdown his arms factory and ongoing drug business. Behind the attack, it was believed that Peng Jiasheng refused to accept the regime's Border Guards Force proposal. He then fled to Wa territory and regrouped his people. It is believed that he received ammunition and support from Wa rebels in recent attack.

The post Who Is Peng Jiasheng? appeared first on The Irrawaddy.

Min Aung Hlaing’s Putsch

Posted: 17 Feb 2015 03:09 AM PST

Burma military Commander-in-Chief Snr-Gen Min Aung Hlaing, second from left, in Lashio over the weekend. (Photo: JPaing / The Irrawaddy)

Burma military Commander-in-Chief Snr-Gen Min Aung Hlaing, second from left, in Lashio over the weekend. (Photo: JPaing / The Irrawaddy)

Was it an intelligence failure? That's what many Burmese were asking when they heard the news that 47 Burmese soldiers had been killed in recent clashes with ethnic minority insurgents near the border with China. And many thought that it was. The conflict erupted just as the country was celebrating Union Day, causing serious setbacks to a tenuous and ongoing peace process that was geared toward achieving a nationwide ceasefire agreement between the government and an array of armed insurgent groups.

According to the government's narrative, the Burma Army mobilized troops and employed air power to quell an offensive led by ethnic Kokang rebels in an autonomous zone in Shan State, forcing civilians to flee into China and to other parts of the state. Last week, China urged the Burmese government and the Kokang rebels to resolve the dispute peacefully so that refugees who had fled across their borders could return home. In fact, trouble had been brewing for weeks, and ethnic leaders had already forewarned that tensions were on the rise and fighting could break out at any time.

Despite the complaints from Chinese authorities, it is unlikely that the two sides will sit down and resolve the conflict by peaceful means; the Burma Army received both support and sympathy when news of heavy casualties spread across Burma and throughout social media.

When Snr-Gen Min Aung Hlaing paid a visit to displaced persons in Lashio, Shan State, on Sunday, he was warmly welcomed. Social media, however, revealed some mixed reactions to his appearance and the message he sent along the way: The commander-in-chief made a point of telling people that the army will not give in and is prepared to fight. He behaved almost as though he was gearing up for an election campaign!

Some even interpreted his remarks to mean that Burma would defend its sovereignty by driving out foreign ethnic nationals, specifically the ethnic Kokang Chinese. The Kokang are a Han Chinese group, and generally speak the local Mandarin language. They maintain a force of armed soldiers known as the Myanmar National Democratic Alliance Army (MNDAA), led by 85-year-old Peng Jiasheng, who is believed to be hiding in Chinese or nearby Wa territory. MNDAA is part of United Nationalities Federal Council (UNFC), an ethnic alliance group engaged in ceasefire talks with Burmese government.

Many speculate that the aging leader has been waiting to take revenge on the Burma Army for a devastating blow in 2009, when Min Aung Hlaing led an offensive in the zone's principal city, Laukkai, in search of illegal arms and drugs. Peng Jiasheng has since been a fugitive, hiding from the military. State media declared that he could not outrun "the rule of law," recommending his immediate surrender. He clearly wasn't listening.

Aung Zaw is the founding editor-in-chief of The Irrawaddy.

Aung Zaw is the founding editor-in-chief of The Irrawaddy.

In any case, the Burmese generals and the government did not believe that the Kokang acted alone in this month's incident, suspecting that the powerful Wa Army and other ethnic groups were assisting them with ammunition and logistical support. Some ethnic armed groups have admitted their support, while several others have distanced themselves from the conflict.

On Union Day, Feb. 12, Min Aung Hlaing met with several ethnic representatives in Naypyidaw, imploring them as citizens to maintain their Myanmar identity. It was as if he were suggesting that some other ethnic groups were foreigners. Some observers interpreted the message as being directed at the Wa, one of the groups represented at the meeting.

Min Aung Hlaing is no stranger to conflict along the Burma-China border. In the early 2000's, he served as head of the Triangle Command, overseeing relations between the Burma Army and two armed ethnic groups: the United Wa State Army (UWSA) and the National Democratic Alliance Army (NDAA). He has known them well since then.

Later on in that same decade, Min Aung Hlaing was chief of Special Operations 2, overseeing Shan and Karenni states. In 2009 he led an offensive against the Kokang army, forcing some 37,000 civilians to flee to China. The surprise offensive undoubtedly strained relations between the two countries, particularly as the Kokang are ethnically Chinese. Beijing warned the junta at the time that it had better "properly handle domestic problems and maintain stability on the China-Myanmar border." A headline in The New York Times boldly bore the message: "Myanmar Army Routs Ethnic Chinese Rebels in the North."

While international views on the incident were, for the most part, cohesive, at home there were other views. Min Aung Hlaing rose to prominence in 2009, subsequently rising to the become commander-in-chief of the armed forces.

After Burma's political opening began, Min Aung Hlaing made his first visit to Vietnam, a country engaged in an increasingly acrimonious territorial dispute with China. The visit was premised on the signing of a memorandum of understanding related to bilateral defense. The fact that he made this his first international visit since replacing Snr-Gen Than Shwe as head of the armed forces was viewed by many as a slap in the face to Beijing.

A subsequent series of meetings with US officials did little to help their relationship, as well. For the first time since the United States began limited re-engagement with the Burma Army, a high-ranking US military official—Lt-Gen Anthony Crutchfield—addressed his Burmese counterparts at the Myanmar National Defense College in Naypyidaw, where colonels and other high-ranking officials are trained. Crutchfield, deputy commander of the US Pacific Command, spoke at length of human rights and the need for civilian control of the military.

While Burma's new friendships may not have been intended to provoke China, it seems that Min Aung Hlaing is making an effort to gain Beijing's cooperation. When he finally did visit his neighbor to meet with then-Vice President Xi Jinping, it was widely believed that the Burma Army was seeking a particular kind of cooperation: handling armed rebels near the Burma-China border. The relationship continued, shrouded as ever in mystery, when Min Aung Hlaing received China's Special Envoy Wang Ying Fan in Naypyidaw on Feb. 5, days before violence erupted.

The clashes that occurred over the past week hardly seem like a coincidence. More likely, it seems, the general had long seen it coming.

The post Min Aung Hlaing's Putsch appeared first on The Irrawaddy.

Parliament Condemns Kokang Supporters in Northeast Burma

Posted: 17 Feb 2015 03:00 AM PST

Many shops were shuttered in the town of Laukkai following fighting between government troops and Kokang rebels. (Photo: JPaing / The Irrawaddy)

Many shops were shuttered in the town of Laukkai following fighting between government troops and Kokang rebels. (Photo: JPaing / The Irrawaddy)

RANGOON — Burma's Union Parliament has slammed backers of ethnic Kokang insurgents engaged in recent hostilities with the government, while praising the Burma Army soldiers who have been on the frontline in the campaign against the rebel group.

Lower House lawmaker Stephen from Shan State's Kengtung constituency submitted an urgent proposal to Parliament on Monday, asking the legislature to denounce any individuals or groups that have attacked or supported the attacks on military installations in Laukkai Township, where fighting first flared on Feb. 9. The resolution, which was passed without objection, also honored "the military men shouldering responsibility for national security," he said.

"The offensive is unacceptable while the president is proposing for peace. That's why I submitted the proposal, which was supported by everyone," Stephen told The Irrawaddy.

Brig-Gen Tint Hsan, a military parliamentarian who took to the floor in favor of the proposal, said the military would take a zero-tolerance approach to what it considered to be an assault on state sovereignty by the Kokang group, known as the Myanmar National Democratic Alliance Army (MNDAA).

Commander in chief Snr-Gen Min Aung Hlaing has warned that ethnic armed groups supporting the MNDAA's fight against Burma Army troops in the Kokang region would be held to account for their actions.

Fighting is ongoing in the Kokang Self-Administered Zone of northern Shan State, with skirmishes reported in the town of Laukkai and its outskirts.

A handful of other ethnic armed groups, including the Ta'ang National Liberation Army (TNLA), are allied with the Kokang rebels, who are led by Peng Jiasheng.

Lt-Col Ta Ai Ao of the TNLA told The Irrawaddy: "We are helping our comrades as a revolutionary force. I heard that the Restoration Council of Shan State/Shan State Army [RCSS/SSA], Kachin Independence Army [KIA] and Arakan Army are assisting [Kokang troops]."

According to the government, from Feb. 9-12, five officers and 42 soldiers were killed and 11 officers and 62 soldiers were wounded in 13 clashes with Kokang rebels. Casualties on the Kokang side are unknown, but state media on Monday reported that the Burma Army had killed 18 rebel soldiers.

The government has used aerial strikes as well as ground offensives in its counterinsurgency operations.

The post Parliament Condemns Kokang Supporters in Northeast Burma appeared first on The Irrawaddy.

In Rohingya Camp, Tensions Mount over Plan to Revoke ID Cards

Posted: 16 Feb 2015 10:13 PM PST

Thousands of Arakanese Buddhists protest against allowing white card holders to vote in the upcoming general elections, in Sittwe February 15, 2015. (Photo: Reuters)

Thousands of Arakanese Buddhists protest against allowing white card holders to vote in the upcoming general elections, in Sittwe February 15, 2015. (Photo: Reuters)

THAE CHAUNG, Arakan State — Burma's decision to revoke temporary identification cards for minorities is raising tensions among its 1.1 million Rohingya Muslims, who have effectively been disenfranchised just days after parliament approved a law affirming their right to vote in a referendum.

Last week, the government of the Buddhist-majority nation announced that the temporary identification, known as white cards, would be revoked on May 31.

The people who hold them are mostly Rohingya, a much resented minority in Burma, where many people consider them illegal immigrants from Bangladesh.

In Thae Chaung, a squalid fishing village in western Burma that has become a settlement for thousands of Rohingya, the decision was still to fully sink in, but was being met with a mixture of defiance, mistrust and resignation.

"If the government wants to take my white card, what can I do?" said Minara, 23, a housewife who gave only one name. "I'll just have to give it to them."

Mohammad Ayub, 28, said he would only surrender his white card if granted the same citizenship rights enjoyed by "all other ethnic minorities." He doubted this would ever happen.

"I don't trust the government," said Ayub, who like many men in Thae Chaung is jobless.

The village is a 15-minute drive from Sittwe, the capital of Arakan State, where most of the country's Rohingya live.

Violence between Rohingya and ethnic Arakanese Buddhists in 2012 killed at least 200 people and made 140,000 homeless, mostly Rohingya.

Experts warned the hostility to the government plan could result in renewed violence.

"It is unlikely that white card holders in displacement camps will give these up voluntarily when it is not clear whether they will get any form of ID in return," said Richard Horsey, a Rangoon-based independent political analyst.

"Any attempts to enforce the order to surrender the cards could spark violence," he said.

As well as the right to vote, white cards also entitle Rohingya to health and education services, but with certain restraints: their movements are severely restricted, and white card holders are barred from civil service jobs and some degree courses.

It also represents the link to political life for Burma's minorities.

The country's Parliament voted earlier in the month to grant white card holders the vote in a possible constitutional referendum, paving the way for their participation in a general election later this year.

But Buddhists protested against the plan in Rangoon, the biggest city in Burma, arguing many of the white-card holders were illegal aliens. Shortly after the protest, the government announced it would revoke the white cards.

'Incendiary'

Another 400,000 people outside of Arakan State, mostly of Chinese and Indian descent, also hold white cards.

The government said on Feb. 11 the cards will be revoked in a "fair and transparent manner" by local officials, but didn't explain what would replace them.

A pilot project to verify the citizenship of Rohingya and other Muslims has foundered on Arakanese objections and the government's insistence that Rohingya identify themselves as "Bengali."

Rohingya reject the term because it suggests they are illegal migrants from neighboring Bangladesh, when many have lived in Burma for generations.

Few Rohingya are Burmese citizens, but most carry white cards, officially known as "temporary registration certificates." This enabled them to vote in a 2010 general election, which was rigged by the military junta which then ruled Burma.

The Rohingya currently have five representatives in the national and state legislatures.

Disenfranchising white card holders in Arakan State could be "incendiary," the Brussels-based think tank Crisis Group warned in an Oct. 2014 report.

"It would be hard for [Rohingya] to avoid the conclusion that politics had failed them, which could prompt civil disobedience or even organized violence," said the report.

Arakanese Buddhists also mistrust the government. On Sunday, they staged a large protest in Sittwe, a city purged of its sizable Rohingya population after the 2012 violence.

Led by hundreds of Buddhist monks, the crowd waved placards reading "Never accept white card" and shouted "Anyone who allows foreigners to vote is our enemy."

Thar Htun Oo, 75, a retired businessman who joined the protest, said he still didn't believe white cards would be revoked. "The government is lying," he said.

Another protester, Saw Thein Mya, 55, believed Rohingya might lose their cards but somehow retain voting rights.

"That's why were protesting today," she said. "We can't depend on the government."

The post In Rohingya Camp, Tensions Mount over Plan to Revoke ID Cards appeared first on The Irrawaddy.

Malaysia’s Anwar Faces Health Risk in Prison Cell: Lawyers

Posted: 16 Feb 2015 10:06 PM PST

Malaysia's opposition leader Anwar Ibrahim talks to his supporters in Jan. 2012. (Photo: Bazuki Muhammad / Reuters)

Malaysia’s opposition leader Anwar Ibrahim talks to his supporters in Jan. 2012. (Photo: Bazuki Muhammad / Reuters)

KUALA LUMPUR — Less than a week after Malaysian opposition leader Anwar Ibrahim was jailed for sodomy, his lawyers said Monday that he faces a health risk because he’s living in a bare cell with just a 2-inch-thick foam mattress on the floor, a bucket for bathing and a squat toilet.

Anwar, 67, began a five-year prison sentence last Tuesday after Malaysia’s top court turned down his final appeal, ruling there was overwhelming evidence that he had sodomized a former male aide. The case was widely seen as politically motivated to eliminate any threats to the ruling coalition, whose popularity has been eroding after more than five decades of unquestioned dominance.

The lawyers said the prison conditions were aggravating Anwar’s longtime back and spine problems, which could "pose a grave threat to his health."

Because of his medical condition, his lawyers requested a bed with a medically suitable mattress, a chair and table, a shower and a proper toilet for Anwar. Anwar cannot bend over or stand up from sitting on the floor without pain, they said.

"His conditions must be immediately improved before there are serious consequences to his health," the lawyers—N. Surendran, Latheefah Koya and Sivarasa Rasiah—said in a statement. "The government is fully responsible for prisoner of conscience Anwar Ibrahim's safety and health while he remains in custody."

Home ministry officials could not immediately be reached for comment.

Anwar has been the most vocal and visible symbol of the opposition’s resurgence and is seen as the most potent political threat to the government.

He was accused of sodomizing a former lowly aide, then 23, in 2008. Homosexuality is a crime in Muslim-majority Malaysia punishable by up to 20 years in prison and by whipping, although prosecutions are rare.

It was the second time Anwar was jailed for sodomy in just over a decade.

He previously was imprisoned for six years after being ousted as deputy prime minister in 1998 on earlier charges of sodomizing his former family driver and abusing his power. He was freed in 2004 after the top court quashed that sodomy conviction.

Anwar led his alliance to unprecedented gains in 2008 elections and made further inroads in 2013 polls. The ruling National Front coalition won with a slimmer majority and lost the popular vote to the opposition.

The post Malaysia's Anwar Faces Health Risk in Prison Cell: Lawyers appeared first on The Irrawaddy.

Under Xi, China’s Defense Budget Seen Defying Economic Slowdown

Posted: 16 Feb 2015 09:56 PM PST

Chinese navy sailors wave as Chinese naval missile frigate Yueyang departs for the Rim of the Pacific exercise (RIMPAC), at a military port in Sanya, Hainan province June 9, 2014. (Photo: Reuters)

Chinese navy sailors wave as Chinese naval missile frigate Yueyang departs for the Rim of the Pacific exercise (RIMPAC), at a military port in Sanya, Hainan province June 9, 2014. (Photo: Reuters)

BEIJING — President Xi Jinping is expected to authorize robust defense spending for this year despite China’s slowing economy, determined to strengthen the country’s armed capabilities amid growing unease in Beijing at Washington’s renewed focus on Asia.

While China keeps the details of its military spending secret, experts said additional funding would likely go toward beefing up the navy with anti-submarine ships and developing more aircraft carriers beyond the sole vessel in operation.

The military budget will be announced at the start of the annual meeting of China’s parliament on March 5. Last year, defense spending rose 12.2 percent to $130 billion, second only to the United States.

That continued a nearly unbroken two-decade run of double-digit budget increases, although many experts think China’s real defense outlays are much larger.

China’s leaders have routinely sought to justify the country’s military modernization by linking defense spending to rapid GDP growth. But growth of 7.4 percent last year was the slowest in 24 years, and a further slowdown to around 7 percent is expected in 2015.

Other factors would now keep defense spending high, from the U.S. military and diplomatic "rebalancing" to Asia to Xi’s crackdown on corruption in the People’s Liberation Army, which has caused some disquiet in the ranks, military experts said.

"Xi has put a premium on the ‘dream of a strong military’ as part of his grand strategy for China’s rise, perhaps more than any other modern [Chinese] leader," said Zhang Baohui, a security specialist at Hong Kong’s Lingnan University.

"This greater emphasis on the military is very significant."

Indeed, troops are rehearsing for a major parade in September where the PLA is expected to unveil new homegrown weapons in the first of a series of public displays of military might planned during Xi’s tenure, sources have told Reuters.

US Alliances Rankle

At the forefront of the minds of China’s strategic military planners is the U.S. rebalancing, which among other things calls for 60 percent of U.S. warships to be based in the Asia Pacific by 2020, up from about 50 percent.

"The adjustment in the U.S. strategy towards the Asia Pacific has brought enormous external pressures to bear on China," said a recent commentary by the Study Times paper, published by the Central Party School, which trains rising officials.

It pointed in particular to U.S. efforts to bolster alliances with countries such as Japan and the Philippines.

China is involved in bitter disputes over sea boundaries with both nations, as well as Vietnam, which has sought to strengthen ties with Washington.

"Higher Chinese spending, coupled with increasingly aggressive actions and assertive language, is likely to further push countries into the U.S. nominal embrace," said Richard Bitzinger, a military analyst at the S. Rajaratnam School of International Studies in Singapore.

Many Asian countries are also getting out their chequebooks.

Japan approved a record $42 billion military budget last month. India boosted defense spending by 12 percent for 2014-15 to $38.35 billion and military expenditure is seen rising to $40 billion in Southeast Asia in 2016.

While Chinese leaders would be aware of the regional optics of announcing a big budget for the 2.3-million strong PLA at a time of lower projected fiscal revenue growth, diplomats said they believed Xi wants to also placate military leaders and ordinary soldiers feeling the heat from an anti-graft campaign.

China’s top military decision-making body, the Central Military Commission, which Xi chairs, has investigated several generals as part of a scandal into the selling of PLA positions.

It has also targeted the second artillery corps, which controls China’s nuclear missiles, as well as the navy and the air force.

"It is inconceivable Xi could make cuts now given the enemies he’s got internally," one Western diplomat said, speaking on condition of anonymity.

Money for Anti-Sub Ships, Drones

Despite the massive sums spent over the past two decades, a recent report by the U.S.-based RAND Corp think tank said the PLA suffered from potentially serious weaknesses that could limit its ability to win future wars.

The report, commissioned by a U.S. Congressional committee, said China faced shortcomings stemming from outdated command structures, quality of personnel and corruption, as well as weakness in combat capabilities such as anti-submarine warfare.

Aware of some of these gaps, experts said the PLA would continue strengthening its naval presence in the Indian Ocean and South China Sea, a region dominated by the United States and its allies, and through which four-fifths of China’s oil imports pass.

"The navy is still seriously lagging behind in anti-submarine capabilities," said a military expert at a Chinese government think tank who declined to be identified.

Rory Medcalf, head of the National Security College at the Australian National University, said he expected more funding for military drones and maritime surveillance aircraft.

"Pro-defense spending actors within China can easily say China is expanding its global role to justify spending on submarines, amphibious ships and aircraft carriers," he said.

The post Under Xi, China’s Defense Budget Seen Defying Economic Slowdown appeared first on The Irrawaddy.

Thai Students Are ‘Last Group Standing’ in Protesting Army Coup

Posted: 16 Feb 2015 08:54 PM PST

Thai student activists, Than Rittiphan, 22, left, and Songtham Kaewpanpruek, 24, pose for photographs after an interview with Reuters in Bangkok on Feb. 16, 2015. (Photo: Reuters)

Thai student activists, Than Rittiphan, 22, left, and Songtham Kaewpanpruek, 24, pose for photographs after an interview with Reuters in Bangkok on Feb. 16, 2015. (Photo: Reuters)

BANGKOK — Thai student protesters billing themselves as the "last group standing" in seeking to end military rule said on Monday they would openly defy what one leader called a tyrannical regime nine months after the army seized power.

Members of the Thai Student Center for Democracy (TSCD), who come from different political and socioeconomic backgrounds, present a quandary for the junta, which has branded public protests illegal but wants to maintain its core support, including from Bangkok's middle class and business elite.

Some of the students support the "red shirt" grassroots movement of ousted Prime Minister Yingluck Shinawatra, but others sympathize with the establishment that makes up the bulk of the junta's support.

A resurgence of public protests could prove destabilizing for the military rulers, already struggling with economic mismanagement. The army says it wants to negotiate with the students, but at the weekend detained several for holding a public meeting.

"A sure way the junta can mess up is if it slips up on the economy, which impacts the people directly," Jurin Laksanawisit, a member of the conservative Democrat Party, Thailand's oldest political party, told Reuters.

TSCD members say they are prepared to go to jail to see Southeast Asia's second-largest economy return to democratic rule.

"We are the last group standing," group member Than Rittiphan, 22, told Reuters.

Thailand has been polarized for over a decade. On the one side is ousted former Prime Minister Thaksin Shinawatra and his powerful political family who courted rural voters by introducing cash subsidies and free health care. On the other are the traditional Bangkok elite threatened by his meteoric rise.

The May coup ended months of street protests aimed at bringing down Thaksin's sister, Yingluck. She was removed from office days before the power grab after a court found her guilty of abuse of power.

Critics of the coup, including the pro-Yingluck "red shirt" leaders, have largely gone to ground. But despite strict army surveillance, more than 60 students have been at the forefront of every public protest since the coup.

All were broken up by authorities and dozens of students detained and later released.

The students say growing disgruntlement over the economy means Thailand is ripe for a new wave of protest. The country, highly reliant on tourism, is struggling to regain traction following the coup. It saw 0.7 percent growth in 2014, the weakest since devastating floods in 2011.

"People are starting to get sick of this tyrannical regime, especially how they manage the economy," Than told Reuters.

Than, who dropped out of university, said the students have "hundreds" of supporters but that many are afraid to speak out.

The junta, formally known as the National Council for Peace and Order, said it wants to negotiate with the students.

"We will use negotiation, but if they persist with their activities we will have to hand them over to police," junta spokesman Winthai Suvaree told Reuters.

On Saturday, dozens of student activists held a rare demonstration in Bangkok and set up mock voting tables—a protest against the military government, which has pushed back an election planned for this year to 2016.

Four activists, including Siriwit Serithiwat, a student at Bangkok's Thammasat University, were detained.

Siriwit was accused of violating martial law, which prohibits public gatherings of more than five people, and of violating the conditions of a document he was forced to sign last year promising not to participate in political activities.

He was released from nearly 12 hours in police custody and had to pay bail of 40,000 baht (US$1,230). He is expected to face trial in a military court.

Student Songtham Kaewpanpruek likened the current wave of activism to a 1973 uprising and 1976 army crackdown on a left-wing student protest amid lynchings, beatings and shootings. Officially, at least 46 protesters died, pulling the country back to years of military rule.

Songtham's aunt and uncle were student activists at Thammasat University, a hotbed of political activity in the 1970s.

"We're taking the baton from the generation of '76," said Songtham, who said he had not slept at home in weeks to avoid the army knowing his whereabouts.

"There are some teachers supporting us but because of martial law, many aren't able to reveal their identity."

The post Thai Students Are 'Last Group Standing' in Protesting Army Coup appeared first on The Irrawaddy.

‘They Realize They’re Stuck with Laws and Concepts That Are Dated’

Posted: 16 Feb 2015 04:00 PM PST

Peter N. Fowler, US Regional Intellectual Property Attaché for Southeast Asia. (Photo: Nyein Nyein / The Irrawaddy)

Peter N. Fowler, US Regional Intellectual Property Attaché for Southeast Asia. (Photo: Nyein Nyein / The Irrawaddy)

A set of intellectual property (IP) laws, covering patent, copyright and trademark protections, is slated to go before Burma's parliament by mid-2015. The legislation, currently being drafted by Burma's Ministry of Science and Technology, is expected to bring Burma into line with its obligations under the World Trade Organization's Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and provide a potential boost to foreign investment. The country's current IP legal framework is largely non-existent, or derived from vague, colonial-era regulations.

Peter N. Fowler is the Regional Intellectual Property Attaché for Southeast Asia, based within the US Foreign Commercial Service at the US Embassy in Bangkok, Thailand. He spoke with The Irrawaddy on the challenges of establishing an effective IP regime in Burma, the potential domestic benefits of such laws and the role of patents in the drug industry.
Question: Do you have an update on the IP laws currently being drafted by the Ministry of Science and Technology?

Answer: In mid-January… the word from the Minister of Science and Technology was that the draft IP laws have now left the attorney-general's chambers and gone back to the ministry for some fine-tuning. [The minister] said he would like to be able to submit [the draft laws] to the cabinet by the end of February at the latest. He hopes that the laws will be introduced to the Parliament so that they can be considered in the June session.

Q: What are the challenges to establishing an effective IP regime in Burma?

A: As soon as the laws are in place, the first biggest challenge is creating a workable, efficient, responsive national IP office. Burma is the only country in Asean that doesn't have a national IP office. So people can start filing applications and can start seeking protection for their patents, designs and trademarks. But you can't do that overnight. I suspect that it will take a year to a year and a half to get a functioning, fully responsive office up and running.

The next challenge is putting into place a more integrated, comprehensive enforcement system for IP. There are a lot of players involved: the courts, the attorney general's chambers, the prosecutors, the police, and customs. It's a big challenge because all of those organizations…have no real experience with IP. We've done some educational seminars and trainings with the [High Court] and other district court judges so far and they're very eager to learn about intellectual property. But they realize they're still stuck with laws and IP concepts that are dated.

Q: Are there any regional examples that Burma should follow in terms of effective IP regimes?

A: I think several actually. The Philippines has developed a very good, integrated enforcement system. They have done a very good job in integrating their enforcement agencies, from investigation to police to customs, so that they work together.

Q: What has been the US role in helping to develop an IP regime in Burma?

A: We've offered our assistance in creating an IP office. We've offered IT expertise to help them set up systems. We've offered a lot of assistance on copyright and enforcement protection and judicial education. The US Patent and Trademark Office has coordinated with other agencies like the Japanese patent office, the Korean property office, the World Intellectual Property Organization and the EU…so that we aren't duplicating efforts.

Q: What are the potential domestic benefits of effective IP laws?

A: The greatest immediate benefit is to protect the creations, inventions and designs of creative and innovative Burmese people. Those aren't currently really protected. In the area of copyright, composers, authors, filmmakers, poets and singers will have protection in a way they don't currently have. Not only so that they can realize the commercial value of their work and benefit from it with royalties and licensing fees, but also to be able to enforce their rights against people who are making fake DVDs, copying things and uploading music etc.

Burma doesn't have a trademark protection law. The 11-12,000 brands that have been registered—they're on a list—they will need to apply for actual trademarks. Some companies have held off investing because they can't yet protect their trademark. For many foreign companies, their trademark is a really, really important asset. If they can't adequately protect it, they are very hesitant to invest in a market and distribute their products.

Q: Some business people or other groups in Burma may be reluctant to accept the idea of strong IP laws, how do you overcome this?

A: That's one of the biggest challenges: changing attitudes. That is a crucial component to creating an effective IP system. You can't just have laws and try to enforce them when the public doesn't really understand why. I think a big challenge will be…to help educate, create awareness, do public information campaigns about the value of intellectual property—why these laws are being put into place, and what the benefits will be. My office will be offering to do this [education programs], we'll work with our embassy in Rangoon, I think the EU will do the same, so will the Japanese.

Q: How can Burma institute strong IP laws while still ensuring widespread access to products such as low-cost medicines? Should Burma's IP laws be flexible in this respect?

A: Every IP system has certain flexibilities and balances in it… In the area of patents, there is always a balance. Sometimes people focus on patents being a monopoly; well, yes, it's a limited exclusive right for 20 years, but after that it becomes open to the public domain and anybody can manufacture it.

The whole generic drug industry exists because drugs and medicines that used to be under patent production become available for anybody to manufacture, assuming they meet certain standards. So there are balances. Almost every developed country has in place anti-trust or competition laws that balance against exclusive rights. I honestly don't believe that access to medicine will be inhibited or unfairly restricted.

Some estimates are that anywhere from 40-60 percent of the medicines and medical devices on the market in Burma today are counterfeit. Having stronger IP protection will help get those off the market. Therefore by enforcing trademark law you are simply going to have a safer market place for consumers. I will say that legitimate, genuine medicines may end up costing more than fake medicines. But you don't really want people taking the counterfeit medicines in the first place.

Q: How important are the IP laws ahead of the ASEAN Economic Community, due to go into effect at the end of 2015?

A: For Burmese, as the AEC becomes a reality, without having their own IP house in order, they simply aren't really able to enter into business—into distribution agreements and licensing agreements—with others [in the region]. For example, if a Burmese company manufactures some kind of appliance or goods and wants to enter into a distribution agreement with people in Malaysia or Thailand or Vietnam, the first thing the foreign distributor will say is, do you have a registered trademark for your product? You negotiate for various IP rights: what kind of royalties, what kind of licensing fees, what kind of distribution arrangement, who has the right to file the trademark registration for that product in other countries etc.

In today's age, doing commercial deals of any size involves some degree of IP…There's an expectation that as Burmese want to do business in the rest of Asean, that they have their own IP house in order.

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