The Irrawaddy Magazine

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• Sexual Assault Victim’s Family Pressured to Drop Charges: Activist
• Hundreds Protest Outside Thai Embassy over Koh Tao Verdict
• Koh Tao Defense Lawyer: ‘It is a Saddening Verdict’
• NLD Lawmaker: ‘They Are Now Operating the Jade Mines Around the Clock’
• Activists Call For Witness Protection as Major Thai Human Trafficking Trial Begins
• Japan Cabinet OKs Record Defense Budget Amid China Concern

Sexual Assault Victim’s Family Pressured to Drop Charges: Activist Posted: 25 Dec 2015 02:18 AM PST Child rights activist Khin Than Htwe (black t-shirt) pictured with a family she is providing support to in Moulmein, Mon State. (Khin Than Htwe / Facebook) A child rights activist in Mon State has raised concerns that the family of a sexual assault victim is being intimidated to drop charges. In mid-July, a three-year-old old girl was allegedly sexually abused by a 70-year-old man in Moulmein, the Mon State capital, with medical records showing that the girl's vagina was internally damaged. The alleged perpetrator is a neighbor of the victim. The victim's family filed a complaint to the local court on July 16, but the court released the accused on bail at a hearing two weeks later. Supporters of the victim's family said the latter were being threatened with defamation by the accused for pursuing the case. No charges have yet been laid, with the court still determining whether to accept a rape charge against the accused. "At the 17th witness hearing on Dec. 22, the court still didn't decide on what charges the accused sexual abuser would be prosecuted under," said Khin Than Htwe, the chair of a community child rights awareness group, Mon State Women and Children Upgrade Conduct Team, who is supporting the victim's family. Cases of rape can be brought under Article 376 of Burma's antiquated Penal Code which stipulates punishment of up to 10 years imprisonment. Khin Than Htwe said she also shared information about the case with Mon State parliamentarians on Thursday, as there were reports the presiding judge may be moved to another town. The next witness hearing is due on January 5, 2016. "There are some cases in Mon State that were not continued when the judge of the respective court moved to another town," said Khin Than Htwe, who has over one year's experience working to promote child rights awareness. "Therefore, we must take on the case seriously as the girl was under 4 years old when it happened… and she is still in pain five months later." The community worker said every month her group provided support for around 40 cases related to sexual abuse, rape and violence against women across four Mon State townships: Moulmein, Kyaikmaraw, Chaungzon and Mudon. Around half are sexual abuse and rape cases related to young girls, often involving neighbors or family members, Khin Than Htwe said. The post Sexual Assault Victim's Family Pressured to Drop Charges: Activist appeared first on The Irrawaddy.

Hundreds Protest Outside Thai Embassy over Koh Tao Verdict Posted: 25 Dec 2015 12:38 AM PST Click to view slideshow. RANGOON — Hundreds of people gathered outside the Thai Embassy in Rangoon on Friday to protest the sentencing of two Burmese migrant workers to death for the 2014 murder of two British backpackers on a Thai resort island. On Thursday, Koh Samui court found Zaw Lin and Wai Phyo guilty of the murder of David Miller and the rape and murder of Hannah Witheridge on Koh Tao in September last year, a verdict defense lawyers have vowed to appeal. The handling of the high-profile case by Thai police has drawn significant controversy, with the accused pair alleging they were tortured into a confession and the defense team contending key evidence was mishandled. Protesters, including Buddhist monks, congregated outside the Thai Embassy in Rangoon from around 10.30 am, with numbers swelling over the next few hours. Police erected barbed wire barricades on Thursday ahead of a smaller demonstration and on Friday, the road in front of the embassy was blocked where protesters gathered with placards and chants demanding justice. One protester told security police, "Let us get in front of the embassy. We will not do anything bad. We just want to kneel down and ask the Thai king to release our men." When police held firm, the man said, "Why are you guys blocking us? Why don't you care about your citizens?" Many protesters held hand-made signs saying "Release Zaw Lin and Wai Phyo." Others held up pictures of the two migrants and at least one demonstrator held aloft a photo of the Thai King and Queen. Some protesters cited the centuries-long history of bad blood between the two neighboring territories. "Thailand did bad things to our citizens for a long time," said Than Htike, a taxi driver who chaperoned protesters at a discounted rate to the embassy on Friday, which was officially closed for the Christmas holiday. "Our citizens try to avoid having problems with the Thais… But our country has a better political situation now and we can fight for our rights this time. Thailand needs to understand this." The two accused migrants are both Arakanese and many ethnic Arakanese joined the protest on Friday. One protester was overheard expressing concern that what he thought would be a demonstration to request justice from the Thai king would devolve into jingoistic rhetoric. "I was worried this protest would turn into a nationalist protest and only focus on nationalism," the young man told his friend on the fringes of the demonstration. "We came here just to ask for justice, not for nationalist issues." The Thai Embassy had earlier issued a warning letter to Thai citizens after many Burmese took to social media to express their outrage at Thursday's verdict. "For your safety, we urge all to be extremely vigilant and to avoid identifying yourselves as Thai nationals if not necessary," the statement read, according to a translation by Thai newspaper The Nation. On Thursday afternoon, a Thai official emerged to greet protesting monks. Prominent Buddhist monk Rakha Wontha said a small group was granted a one-hour meeting with Thai officials in the embassy on Thursday, where they submitted a letter calling for a review of the "unjust judgment." Rights Groups, Officials Respond Following the court ruling on Thursday, international rights watchdog Amnesty International issued a statement calling on Thai authorities to investigate allegations the defendants were tortured by Thai police during their interrogation. "Thai authorities must ensure that any alleged confession or other statement obtained as a result of torture is not admitted as evidence in court in any retrial of the case, unless against those accused of torture to prove that the statement has been taken," said Champa Patel, Amnesty International Director for Southeast Asia and the Pacific, in the statement. British labor rights activist Andy Hall, who has been working with the defense team, counseled for calm in a Facebook post on Friday. "I believe it's really important all our attention and energy is focused not on protests against Thailand/Thai people and/or emotional anger at the verdict," Hall wrote. "But instead all our energy should be used in supporting the legal defense team to launch a credible and effective appeal to the Appeals Court and then even perhaps contesting a Supreme Court appeal in this case." Zaw Lin and Wai Phyo were charged for seven crimes including theft, illegal entry into Thailand, murder and rape. Burmese officials also took to social media following the verdict vowing ongoing support for the accused. "There is a lot of work to do. It is not yet finished. We will keep supporting the Burmese Embassy and cooperate with Burmese rights groups and legal organizations," President's Office director Zaw Htay wrote on Facebook. Information Minister and presidential spokesperson Ye Htut posted that the government would support the migrants' appeals process. "We hope that we can review evidence and show proof that the two accused are not guilty," he wrote on his Facebook account. Saw Yan Naing reported from Chiang Mai, Thailand The post Hundreds Protest Outside Thai Embassy over Koh Tao Verdict appeared first on The Irrawaddy.

Koh Tao Defense Lawyer: ‘It is a Saddening Verdict’ Posted: 24 Dec 2015 07:45 PM PST Aung Myo Thant, a Burmese lawyer who has been working with the defense team on the Koh Tao murder case. (Photo: The Irrawaddy) RANGOON — A Koh Samui Court on Thursday sentenced two Burmese migrants, Zaw Lin and Wai Phyo, to death over the killing of two British backpackers on a Thai resort island in September last year. The handling of the high-profile case by Thai police had attracted significant scrutiny amid allegations that the Burmese pair were tortured into a confession and that key evidence was mishandled. Aung Myo Thant, a Burmese lawyer who has been acting for the defendants, spoke with The Irrawaddy's Kyaw Kha on Thursday after the verdict. Burmese migrants Wai Phyo and Zaw Lin were given the death penalty on Thursday. Legal experts have said the case was flawed. What's your view? The court gave them separate penalties for seven charges. The maximum penalty for illegally entering Thailand is six months' imprisonment and the two were given the maximum penalty—six months. Again, the maximum penalty for illegally living in Thailand is also six months' imprisonment and they were given the maximum penalty for this charge too. I can't understand why. I was told while I was acting for them that we would not win the case because Koh Samui, Koh Pha Ngan and Koh Tao islands are mafia islands, but at that time I didn't take it seriously. I can't understand why they were given maximum penalties. The Thai Lawyers' Council and the Thai Human Rights Commission have helped the two Burmese migrants together with your team. What did they say about the death sentence and what will the Burmese authorities do? We've reported it to the Burmese Ambassador to Thailand. We will appeal to Thailand's Appeals Court in Bangkok. The Thai Lawyers' Council has the same idea. We have copied the [court] order and we'll write an appeal based on the court order and dossier and submit it to the Bangkok Appeals Court. What can you expect from doing so? If the appeal is granted, the penalty will not be more than ten years. I am 80 percent sure of this. Are you disappointed that they were given the death penalty though they seemed to have had a good chance of acquittal? I have no comment about the jurisdiction. But it saddens me… It is a saddening verdict. Though the Burmese government was helping the pair, they were given the maximum penalty even for lesser offences. Doesn't this mean no regard was paid to the Burmese government? I have no comment about the jurisdiction of Thailand. After the two were sentenced despite the Burmese government's special attention to the case, I think it would be better if the Burmese government could better assist Burmese migrant workers in Thailand. Because I have almost never seen the accused given the death penalty when there were no eyewitnesses. There are many cases of Burmese migrant workers being wrongly accused in Thailand. So, will the death penalty heighten the concerns of Burmese migrant workers? I see that much needs to be done for Burmese migrant workers to receive fair hearings. The post Koh Tao Defense Lawyer: 'It is a Saddening Verdict' appeared first on The Irrawaddy.

NLD Lawmaker: ‘They Are Now Operating the Jade Mines Around the Clock’ Posted: 24 Dec 2015 07:00 PM PST An area of jade mining in Hpakant in Kachin State. (Photo: Swe Win / Myanmar Now) During the Nov. 8 elections, Khin Maung Myint, 65, won an upper house parliament seat for the National League for Democracy in Kachin State's Hpakant District, an area that has long been famous for its jade mines. The newly elected MP spoke with Myanmar Now about the industry's heavy social and environmental impacts, and how these should be addressed. The jade trade is highly profitable but who controls it has been shrouded in secrecy, while most raw jade flows across Burma's northern border, untaxed, to China. In November, an investigation by international resource exploitation watchdog Global Witness revealed the trade could be worth as much as US$31 billion per year. The family of former military supremo Than Shwe was said to have a large stake in the trade, along with members of the old army elite and an ethnic Wa drug lord. Well-connected companies hold mining concessions, while thousands of small-scale, individual miners scour the edges of the mines in search of gems. This unregulated mining is dangerous; in November, more than 100 miners were killed when a huge waste heap caused a landslide. The rapacious operations have left Kachin State's environment deeply scared. Some reports say there has been a sharp increase in mining activity after the opposition's election victory on Nov. 8. Are companies speeding up mining? Yes, many heavy machinery vehicles have been coming into Hpakant since the start of this month [December]. The companies are getting worried that the new government may restrict the jade mining. So they are now operating at the jade mines in Hpakant around the clock. Particularly, the companies related to the Wa ethnic group, such as Ever Winner, Myanma Tagaung, 111, Yarza Htarni and so on. There are also other companies owned by former Kachin rebel groups that signed ceasefire agreements with the government and transformed into border guard forces [under army control]. They have dramatically stepped up the mining work in Hpakant. There are also reports that some locals in Hpakant are trying to block these activities. What are they concerned about? You have rules and regulations to follow when you apply for a jade mining license. For example, you cannot transfer your mining area to someone else. You also have to make sure that the mining work is carried out without causing much damage to the environment. But these rules are not enforced at all on the ground. The companies are dumping waste on the banks of the Uru River. That's why the river is blocked during the rainy season and this causes flooding of riverside vegetable plantations of the locals. Now, the companies are working around the clock, using heavy vehicles such as dump trucks, backhoes and excavators that are two or three stories high with a capacity to destroy mountains within a matter of days. The mining activities also leave behind huge craters, as big as 40 to 50 acres wide. So these craters become lakes during the rainy season. They can be very dangerous for the locals because these craters tend to break open under the pressure of water and cause flash floods. The Global Witness report estimated the value of jade production last year alone exceeded $30 billion, but it is only hundreds of millions of dollars, according to official data. What does this tell us about jade smuggling? Jade smuggling is an open secret. Companies bribe military officers in charge of border checkpoints in areas of Kachin State, such as Kampaiti and Nam Sanyam, and have been openly smuggling jade to China. Most of the best jade stones are smuggled out to China, while only a few of them go to the jade emporium in Naypyidaw. This would be very clear if you visit Chinese cities such as Guangzhou [where jade is traded]. To what extent are Chinese businessmen involved in the jade mining? Government records indicate there is no foreign involvement in mining in Hpakant. No foreigners are directly involved in the industry on the ground, but there is a lot of foreign investment from China. The family members of high-ranking Chinese government officials are shareholders in companies such as Ever Winner and other companies related to the Wa ethnic group. There are some others also who are investing in the industry to launder the black money gained from the drug trafficking. Hundreds of small miners have been killed in landslides in Hpakant over the years. Why do these accidents continue to happen? We are seeing excessive use of heavy machinery at the jade mines. Small-time jade stone pickers sometimes are not aware that vehicles are nearing when they are competing with each other to get jade stone. That's when they are run over by the heavy trucks. Some of these people are high on drugs and mindlessly wandering at the jade mines. The drivers of heavy machinery cannot properly check whether there are people near them or not, because these vehicles are 25 feet long. The diameter of a wheel of a heavy machinery vehicle can be about eight feet high. So if a man was run over, his body will be completely flattened. You are a native of Hpakant. How much has the town and its surroundings changed because of mining in past decades? Jades were manually extracted about 25 years ago. There was no heavy machinery at that time. We could drink the water of Uru River that flows through Hpakant. We could use its water to cook rice. We could also get vegetables that naturally grew there. But now forests have completely been destroyed, so much so that we cannot get firewood anymore. So many natural mountains have been wiped out, in their places sprang up piles of dumped waste from the mining areas that are as high as mountains. Some jade companies such as the Yadana Taung Tann Company owned by Tun Myint Naing [aka Steven Law, owner of Asia World], the son of the late drug lord Lo Hsing-Han, dynamited the mountains at their jade mining sites. These giant mountains would explode and collapse like the World Trade Centre during the 9/11 attack, sending off storms of dust. Mountains as high as 500 or 1,000 feet were obliterated in a matter of days. In violation of the license rules, the companies dumped the soil near the Uru River. This soil later flowed into the Chindwin River, causing high sandbanks there during the rainy season. Given the negative environmental consequences the jade mining has caused, we think it's time to stop this industry. Since you were recently elected as an MP for Hpakant, what laws will you propose to the parliament to address jade mining issues? Transparency is the most crucial issue. We would need to find out if the money invested in the industry is coming from the drug trade, and if companies are following the rules and regulations of their mining licenses. With all these data compiled, we could regulate the industry. If we found that the industry should be shut down, then we would have to shut it down. Actually, many countries do not have this resource, jade. So we can sell it any time we want. Since we are now producing and selling it like vegetables, we don't get a proper price. This interview first appeared on Myanmar Now. The post NLD Lawmaker: 'They Are Now Operating the Jade Mines Around the Clock' appeared first on The Irrawaddy.

Activists Call For Witness Protection as Major Thai Human Trafficking Trial Begins Posted: 24 Dec 2015 05:43 PM PST Human trafficking suspects arrive at the criminal court in Bangkok, Thailand, November 10, 2015. (Photo: Athit Perawongmetha / Reuters) BANGKOK — Thai authorities must step up witness protection for a major human trafficking trial with the accused including an army general and one investigator fleeing the country fearing for his life, activists said on Thursday as the first witnesses gave evidence. The case includes 88 defendants allegedly involved with lucrative smuggling gangs that were trafficking Rohingya Muslims fleeing persecution in Burma, holding them for ransom in jungle camps before granting onward passage to Malaysia. The investigation and arrests followed the grisly discovery in May of 30 bodies in a mass grave near a human trafficking camp close to the Thailand-Malaysia border. Of 500 witnesses scheduled to testify, only 12 are receiving protection, while two have gone into hiding because of threats and others may follow suit, said Fortify Rights, a non-governmental organization advocacy group. "Witnesses are key to ensuring justice is served in this case. Their security should be the utmost concern to the Thai authorities," Fortify Rights Executive Director Amy Smith said in a statement. Prayuth Porsuttayaruk, deputy director-general of the human trafficking office in the Attorney-General's Office, refuted the Fortify Rights' number of protected witnesses. "I don't know where they got their numbers from. Eighty of the witnesses are victims, and they are foreigners, and they are under the protection of the Ministry of Social Development and Human Security," Prayuth told Reuters by telephone. He added that more than 200 witnesses are police officers, and the rest are investigators, bank office workers and "Thai people who do not need the protection programme." One Rohingya man, a longtime legal resident of Thailand, went into hiding after receiving threats, while Police Major General Praween Pongsirin, chief investigator on the case, went into exile and is seeking asylum in Australia. "The fact that the top policeman investigating these cases fled Thailand because of a lack of protection afforded to him and his family shows just how poor government protection schemes have been," said Phil Robertson, deputy director for Human Rights Watch's Asia division. Two prison buses brought the defendants to court on Thursday, including the army general and a suspected kingpin. The defendants crowded into a seventh floor courtroom and heard testimony from two Bangladeshis who were held for two years in a trafficking camp in Songkhla, near the Malaysia border, said Prayuth of the attorney-general's office. The court allowed journalists to observe the proceedings by video but barred them from reporting the witness testimony to prevent other witnesses from being influenced. Committed to Crackdown or Not? A court official said last month that hearing testimony from the 500 witnesses could take up to two years. Thailand has come under fire in recent years for the trafficking of migrants, many of them Rohingya Muslims from eastern Myanmar and Bangladesh facing religious and ethnic persecution. Some migrants faced torture and starvation in the jungle camps. The country's reputation further suffered after reports of labor violations and slave labor in its huge seafood industry. Despite the current crackdown and trial, the United States' annual Trafficking in Persons report kept Thailand for a second year on Tier 3—the lowest tier—for failing to comply with the minimum US standards for the elimination of trafficking. "The Thai government needs to show its sincerity about prosecuting traffickers by seriously stepping up efforts to protect witnesses who will point fingers at the corrupt officials and Rohingya trafficking gangs," said Robertson. The post Activists Call For Witness Protection as Major Thai Human Trafficking Trial Begins appeared first on The Irrawaddy.

Japan Cabinet OKs Record Defense Budget Amid China Concern Posted: 24 Dec 2015 05:23 PM PST From left, Indonesia’s Defense Minister Ryamizard Ryacudu, Indonesia Minister of Foreign Affairs Retno Marsudi, Japanese Prime Minister Shinzo Abe, Japanese Foreign Minister Fumio Kishida and Defense Minister Gen Nakatani attend a meeting at the prime minister’s official residence in Tokyo, Friday, December 18, 2015. (Photo: Eugene Hoshiko / Reuters) TOKYO — Japan's Cabinet approved a record-high military spending plan Thursday, endorsing proposals to purchase pricey U.S. surveillance drones and F-35 fighter jets as Tokyo steps up cooperation with Washington amid China's increasingly assertive activity in regional seas. The 5.1 trillion yen ($42.1 billion) proposal is part of a 96.7 trillion yen ($800 billion) national budget plan for the year beginning April 2016, also an all-time high. The entire package requires parliamentary approval. Military spending would rise 1.5 percent from this year, the fourth annual increase under Prime Minister Shinzo Abe, who ended a decade of defense budget cuts. The defense budget is the first since Japan enacted new security legislation in September enhancing the country's military role and since Japan revised its bilateral defense guidelines with the US earlier in the year to allow broader cooperation between the two allies. The new security law divided Japanese public opinion, with opponents saying it would increase the possibility of Japan becoming embroiled in a US-led war. Japan is bolstering defense of its southern islands, where it has a territorial dispute with China. The budget plan also includes the purchase of an advanced Aegis radar-equipped destroyer with missile defense capability, submarine construction and sonar development. In Beijing, Chinese Foreign Ministry spokesman Hong Lei urged Japan to "draw lessons from history, adhere to the path of peaceful development, and play a constructive role in safeguarding regional peace and stability." He said Chinese defense policy is "defensive in nature," and its military spending is kept at "a reasonable level." Japan's Defense Ministry plans to spend 14.8 billion yen ($118 million) next year for part of a multibillion-dollar, multi-year purchase of three "Global Hawk" unmanned drones, as well as 138 billion yen ($1.1 billion) for six F-35 fighter jets and 23 billion yen ($190 million) for a Boeing KC-46A midair refueling aircraft. "We believe the budget includes items that would contribute to enhancing Japan-US cooperation in the area of ISR (information, surveillance and reconnaissance)," Defense Ministry official Tomoki Matsuo said. Japan also pays 193 billion yen ($1.6 billion) a year for about 50,000 American troops stationed in Japan under a bilateral security treaty, more than half of them on Okinawa—a major source of friction between the central government and residents of the southern island frustrated with the decades-long burden. The cost of moving some of them to Guam and a contentious plan to move a US Marine air base from the crowded Futenma area to a less-populated part of Okinawa was also added to the budget. Japan is constructing a Soryu-class submarine, among the world's largest, and developing a new sonar system. It is competing against Germany and France to jointly develop Australia's next-generation submarine fleet. In a bid to step up its island defense, Japan is also purchasing 17 SH-60K helicopters and 36 combat tanks as well as amphibious vehicles. The post Japan Cabinet OKs Record Defense Budget Amid China Concern appeared first on The Irrawaddy.

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Shan Herald Agency for News

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• IDP hangs himself in Mong Hsu Township camp
• To Hopeland and Back: The bare bones for peace talks—Day 4
• To Hopeland and Back: The bare bones for peace talks—Day 3

IDP hangs himself in Mong Hsu Township camp Posted: 25 Dec 2015 01:07 AM PST An internally displaced man in Hai Pa IDP camp hanged himself on Saturday, according to a local aid worker in Mong Hsu Township. Aik Nub, also known as Yi Mon, was 48 years old and came from Koong Nim village. He was found dead at about 12 p.m. on December 19 on a tree in the camp compound. "He looked depressed every day…Aik Nub was stressed because he had to flee from his home and was unable to go back," said Nang Jing, an assistant to the IDPs in Mong Hsu and one of the local witnesses who discovered Aik Nub's body. "He didn't have job and couldn't feed his family." She speculated that this situation could have contributed to his suicide.  "He has one son and now his wife is also pregnant," Nang Jing added. An ethnic Ta'ang (Palaung), Aik Nub was one of 10,000 people who fled their homes during the conflict between the government military and the Shan State Progress Party/Shan State Army-North (SSPP/SSA-N), which began on October 6. On December 15, SHAN reported that some of villagers from Koong Nim village returned to their homes on December 13, where they were forced by the Burma Army to go back to IDP camps in Hai Pa village. On Wednesday, a coalition of Shan community-based organizations (CBOs) released a statement demanding the Burma government withdraw their troops and allow over 3,000 displaced civilians in central Shan State to return to their villages. BY SAI AW / Shan Herald Agency for News (S.H.A.N)

To Hopeland and Back: The bare bones for peace talks—Day 4 Posted: 25 Dec 2015 12:49 AM PST Day Four: Wednesday, December 16, 2015 All wars represent a failure of diplomacy. Tony Benn The third Joint Implementation Coordinating Meeting (JICM) begins earlier than usual at 8:00 a.m. instead of 9:00 a.m. as some of the ministers are needed at a ministerial level meeting later in the day. Leaders of political parties, government and EAOs present the approved Framework for Political Dialogue to the President on December 16. (Photo: Myanmar President's Office) The main purpose of the day is to approve or dismiss the final draft of the Framework for Political Dialogue (FPD) submitted by the UPDJC. It is of course approved with a few recommendations from the JICM participants, made up of eight from each side. One thing memorable from the JICM is the speech made by U Aung Min in which he talks about the NCA which was passed by the Union Legislature on December 8. He tells us how he and U Thein Zaw had spent ten days lobbying the lawmakers. Concerning the NCA being a law, he puts it this way: "There are three degrees of law: The first degree law requires more than 75 percent of votes and a referendum to amend it. The second degree law requires more than 75 percent of votes but not a referendum to amend it. The third degree law on the other hand requires only a simple majority to amend it. The NCA is a third degree law." Listening to him, one may be persuaded to start worrying about the feebleness of the NCA. But there is no question from anybody. Some of the participants also want to discuss the deterioration of the Tripartite Dialogue into a Pentapartite Dialogue. But others advise to leave it until the fourth JICM. Closing speeches are then delivered. When his turn comes, U Aung Min says, "We have so far made the impossible possible. We have also managed to break several deadlocks despite a lot of stresses while undergoing them. For myself, there is only one more thing left to do: the first Union Peace Conference." What's next for him, afterward? He says nothing about it. But friends hope that having started on the long road to peace, he should want to come to the end of it. The ceremony held at the MICC II to present the FPD to the President lasts 20 minutes, 14:00 – 14:20. There is not much to report except the announcement made by him that the UPC will be convened in January as is required by the terms of the NCA. The rest of the day is spent talking to friends and comparing notes with them. Then back to the Shan Legends (not Shan Folk Tales, apologies). Do you know that Shans also have their own Robin Hood—two  of them, in fact—who steals from the rich and give it to the poor? By SAI KHUENSAI / Director of Pyidaungsu Institute and Founder of Shan Herald Agency for News (S.H.A.N) All views expressed are the author's own.

To Hopeland and Back: The bare bones for peace talks—Day 3 Posted: 24 Dec 2015 11:14 PM PST Day 3: Tuesday, December 15, 2015 UPDJC meeting. Photo: Nyo Ohn Myint / Facebook In war, we join hands with friends to fight against enemies In peace, we join hands with friends to talk with friends Anonymous Yesterday's UPDJC session found the NLD siding with the military's call for a bloc separate from the soon-to-be NLD-dominated government and parliament, against its own former demand for a tripartite arrangement, which would have appeared as follows: ·        Government, Parliament and the Tatmadaw together forming a bloc ·        The eight EAOs forming another group ·        The political parties in yet another bloc One EAO representative is still teeming with what he regards as its backtracking. "I recall the agreement made between the ruling party AFPFL (Anti-Fascist  People's Freedom League) and the SPFL (Shan State People's Freedom League) before Independence," he said at the meeting. "It was that the two would work together to overthrow feudalism in Shan State. However, the AFPFL government went back on its own pledge, and instead joined hands with the Shan State's ruling princes to suppress the SPFL. I hope we won't have to worry about the NLD and the military working together to crush the EAOs." What in heaven? I ask myself.  On the one hand, the military thinks the eight EAOs are working with the NLD against it. But on the other hand, the eight EAOs think it's the other way round. The EAOs then present their counter proposal on the composition: Government                   75                representatives Parliament            75                representatives Military                150              representatives     EAOs                             150              representatives     Political parties    150              representatives The military representatives are quick to object it. "It won't look good for the military to have more representatives than either the government or the parliament," one says. I won't go into details, but by lunch break the two sides are at loggerheads over the question. It looks like the Union Peace Conference (UPC) in January—while so near—is still out of reach. At 13:00, when the meeting resumes, U Nyan Win, the NLD's chief delegate, requests that he be allowed to speak first. The emcee responds he goes ahead. He then breaks the suspense by saying, "In order that the peace process may proceed smoothly, the NLD has decided to withdraw its opposition to the EAOs' proposal. On the contrary, I wish to announce that it is accepted." The rest of the day is like a walk in the park after this.  Two more significant resolutions are passed: 16 December 2015         JICM in the morning to approve the FPD. Formal presentation of the FPD to the president in the afternoon 17 December 2015                   The UPDJC meets again to plan for the UPC The EAOs then meet again in the evening to review the day's work. Some are worried that the Tripartite Dialogue design, which the UN has adopted since 1994, is going down the drain and with it the non-Burmans' chance of winning their full rights. However, others say three-way or five-way, not to lose sight of the goal for federal democracy. But Tripartite Dialogue and Federal Democracy both have long been deemed interrelated. Are they? Or are they not?             By SAI KHUENSAI / Director of Pyidaungsu Institute and Founder of Shan Herald Agency for News (S.H.A.N) All views expressed are the author's own.

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The Irrawaddy Magazine

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• New Chief Ministers Will Be NLD Candidates, Party Official Says
• Govt Vows to Continue Support for Convicted Koh Tao Duo
• Special Goods Tax Debate Flags Booze, Tobacco Price Hike
• Released Graffiti Students Barred From University Reenrollment
• Suu Kyi Tells Govt Peace Body: Reach Out to Non-Signatory Armed Groups
• Burma Through the Lens in 2015
• Kachin IDPs Resigned to Another Subdued Christmas Away From Home
• Burma Air Force Orders Rangoon Villagers to Vacate Homes
• Two Burmese Men Found Guilty, Receive Death Penalty in Koh Tao Case
• Cambodia PM Stands by Hydropower, Dismisses Critics as ‘Extremists’
• Thai Junta Says 99% of People Happy with Its Rule
• Thai High Court Upholds Conviction for Webmaster
• USDP Looks to Regroup after Bruising Election Defeat

New Chief Ministers Will Be NLD Candidates, Party Official Says Posted: 24 Dec 2015 03:20 AM PST Supporters look on as Aung San Suu Kyi gives a speech during a campaign rally ahead of the upcoming general election in Toungup, Arakan State, October 16, 2015. (Photo: Soe Zeya Tun / Reuters) RANGOON — A senior member of the National League for Democracy (NLD) said on Thursday the party planned to appoint NLD lawmakers to chief minister posts across Burma's regional parliaments, dashing the hopes of at least one major ethnic political party that had publically coveted such a position. Speaking to The Irrawaddy on Thursday, NLD central committee member Nan Khin Htwe Myint said chief ministers of Burma's state parliaments would be ethnic NLD candidates, as selected by the country's new president according to the 2008 Constitution. The Arakan National Party (ANP), which won 23 of 47 Arakan State parliament seats in last month's election and emerged as one of the country's strongest ethnic political parties, had expressed hope the new state chief would be drawn from within its ranks. Nan Khin Htwe Myint put paid to that prospect on Thursday. "Maybe the ANP can obtain the regional parliament chairman post but the state chief minister will be from the NLD," she said. "Even if we had only secured two or three [local Arakan State parliament] seats in the election, we could select an NLD ethnic candidate for the post." Aye Thar Aung, a spokesperson for the ANP, claimed lawmakers could object to the presidential appointee, but conceded the military-drafter charter put the matter in the hands of the president. "We must amend the Constitution. If we don't, this will happen again and again," he said. Aye Thar Aung said that an NLD candidate from Gwa Township, Nyi Pu, was being touted for the post. This week, an alliance of over 100 Arakanese civil society organizations called for the NLD, which won a landslide victory in the Nov. 8 poll, to select a chief minister from within the ANP. Prior to the election, ANP chairman Aye Maung had been put forward as a possible candidate for the role, however, he became ineligible after losing his state seat of Manaung on Nov. 8. The post New Chief Ministers Will Be NLD Candidates, Party Official Says appeared first on The Irrawaddy.

Govt Vows to Continue Support for Convicted Koh Tao Duo Posted: 24 Dec 2015 03:14 AM PST Wai Phyo sits in a prison truck as he arrives at the Koh Samui Provincial Court on July 22. (Photo: Chaiwat Subprasom / Reuters) The Burmese government has vowed to continue assisting two migrant workers accused of murdering British tourists David Miller and Hannah Witheridge in Thailand, after the pair were sentenced to death by the Koh Samui provincial court on Thursday. Hours after the verdict, President's Office director Zaw Htay wrote on Facebook that the government would support Zaw Lin and Wai Phyo, both 22, during their expected appeals. "The Burmese government will continue to help through diplomatic channels without damaging Thailand's sovereignty, its independent court ruling and bilateral relations between Burma and Thailand," he said, adding that if needed the government would appeal to the Thai Privy Council for a reduction in the sentences. There are an estimated 3 million Burmese migrants working in Thailand, only around 1.7 million of whom are officially registered with the Thai government. Win Maung, Burma's ambassador to Thailand, told The Irrawaddy that his embassy dealt with reports of serious assaults involving Burmese migrant workers on an average of twice per week. His office has been following the case against Zaw Lin and Wai Phyo since their arrest last year. Speaking to The Irrawaddy during a brief phone interview on Thursday, Win Maung said the embassy would continue to offer assistance to the pair in accordance with Thai law. How will the embassy continue to support the defendants after they were sentenced to death. We will continue our assistance through our legal support team. We have prepared for the verdict and planned for an appeal if the verdict declared them guilty. Was the verdict too harsh for the accused? It is within their law. We talked about it constantly with Thailand's government whenever we could—not only me, but also our President [Thein Sein] and the Commander-in-Chief [Snr-Gen Min Aung Hlaing] when they visited. Regarding this case, it might related to the political situation, I think. We will just go along with the legal procedure. It might change at the appeal. We don't know yet, but we will keep offering support through legal channels. Are you going to meet with any Thai officials to discuss the case? We will sort it out through the legal procedures. Also our leaders raised the case in their talks during their official state visits. We will appeal step by step and will also appeal through our diplomatic channels, as we have been doing as usual. What can the embassy do to assist migrants in similar situations that arise in the future? We have the embassy-led migrant workers' protection team in 40 of Thailand's 77 provinces. But do not have enough labor attaches and officials to support all the migrants. (Editor's note: there are currently two Burmese labor attaches working out of the embassy in Thailand.) I would urge them to say home at midnight, as majority of the cases that reach us us occur at that time. It was easy for others to blame migrants outside at night for any crimes that occurred. Our migrant workers' protection team can only protect them half the time and they have to take care of themselves for the other half. The post Govt Vows to Continue Support for Convicted Koh Tao Duo appeared first on The Irrawaddy.

Special Goods Tax Debate Flags Booze, Tobacco Price Hike Posted: 24 Dec 2015 03:07 AM PST The price of cheroots is set to rise by 60 percent under the proposed tax. (Photo: Steve Tickner / The Irrawaddy) RANGOON — Parliamentarians are debating whether to approve measures which will significantly raise the cost of alcohol and tobacco from the beginning of the next fiscal year in April. The special goods tax rate bill includes commercial taxes and provisions for other goods, but most of the draft text outlines specific rates for tobacco and alcohol products as high as 60 percent for many products. Khine Maung Yi, an outgoing Lower House lawmaker, said the Bill Draft Committee had received numerous complaints about the draft law from local manufacturers concerned about the impact of new taxes on their sales. "They also said that export tax rate should be reduced as they are looking for foreign markets," he said. "Lawmakers are still discussing these suggestions at the moment." A number of specific taxes are outlined in the bill. A minimum tax of 60 kyats will be levied on a pack of 20 cigarettes with a current retail price of 300 kyats, while 120 percent of the price will be levied on a 20-pack selling for above 3,000 kyats. A flat 60 percent tax will be levied on tobacco leaves, cheroots, cigars, loose leaf tobacco and betel nut ingredients. Alcohol taxes will be levied at a staggered rate for alcohol products, beginning at 197 kyats per liter of liquor sold between 501 and 1,000 kyats, and rising to 60 percent of the retail price for products selling for above 10,000 kyats. For imported products, a 60 percent tax on the cost, insurance and freight (CIF) price will be taken on beer and spirits, while a 50 percent CIF tax will apply for wine. Most imported alcohol is currently prohibited, though its sale is common in some supermarkets and upscale bars catering to foreigners in Burma's larger cities. Restrictions around the importation of wine were relaxed earlier this year after a temporary crackdown by authorities. Myo Min Aung, vice chairman of the Myanmar Retailers Association said that he was concerned the new measures would expand the market for smuggled imports of alcohol and tobacco products. "There are many smuggled products already established in the market. The government is always investigating supermarkets but they should know other local shops and small-scale stores are selling these products," he said. "We need better law enforcement too if tax rates are to be higher." The law, which is expected to be enacted during the current parliamentary session, is expected to begin operating on Apr. 1, according to state-run newspapers on Wednesday. Khine Maung Yi said that lawmakers had framed the bill with the intention of reducing alcohol and tobacco consumption. "It's good to know the rate with exact amount in the bill, the law has intended higher prices and less customers for tobacco and alcohol. We agree on that," he said. The post Special Goods Tax Debate Flags Booze, Tobacco Price Hike appeared first on The Irrawaddy.

Released Graffiti Students Barred From University Reenrollment Posted: 24 Dec 2015 02:13 AM PST The four students who were sentenced to several months in prison for spray-painting anti-government slogans at their university, October 9, 2015. (Photo: Teza Hlaing / The Irrawaddy) MANDALAY — Three students released from Mandalay's Obo Prison on Tuesday morning, after serving several months in jail for spraying anti-government slogans, have been barred from reenrolling at their university on account of their actions. Naing Ye Wai, Aung San Oo, Jit Tu and Nyan Lin Htet, all four students of Mandalay's Yadanabon University, were arrested in July after spray-painting messages calling on the government to resign and demanding the release of students and their supporters detained during the nationwide demonstrations against the National Education Law earlier this year. The four were found guilty of unlawful assembly and incitement charges and sentenced to six months' imprisonment. The three students released on Tuesday had their sentences reduced by a week for good behavior. Naing Ye Wai, president of the Yadanabon University Student Union, is serving an additional three months and remains in prison. Aung San Oo, Jit Tu and Nyan Lin Htet went to their university on Thursday to reenroll and continue the courses that had been interrupted by their jailing. However, they were advised they could not do so but could only pursue avenues of appeal. "The registrar said we needed to submit an appeal and would have to humbly ask permission to attend the school again, which we didn't agree to," Aung San Oo, a final year physics student of Yadanabon University, told The Irrawaddy. He said their prison sentences had been served and they had the right to continue their education. "We told them we will not submit an appeal and it is not needed. If we do not receive a response from the university by Monday, we will do whatever we can for our right to education," he said. The students' parents have also expressed dissatisfaction over the university's stance. "In other countries, even inmates have the right to enter university exams with distance learning. But in this country, all our rights and those of our children are abused," said the father of Aung San Oo. The post Released Graffiti Students Barred From University Reenrollment appeared first on The Irrawaddy.

Suu Kyi Tells Govt Peace Body: Reach Out to Non-Signatory Armed Groups Posted: 24 Dec 2015 02:00 AM PST Aung San Suu Kyi meets with representatives of the Myanmar Peace Center in Naypyidaw on Wednesday. (Photo: NLD Chairperson / Facebook) RANGOON — National League for Democracy (NLD) leader Aung San Suu Kyi told representatives of the government-backed Myanmar Peace Center on Wednesday to meet with ethnic armed groups that did not sign a "nationwide" ceasefire agreement inked in mid-October. While eight armed groups signed the much-touted peace pact, over a dozen groups withheld their support until all ethnic armed groups were welcomed as signatories. A long-awaited political dialogue is set to convene on Jan. 12 involving more than 700 stakeholders, with non-signatories offered the opportunity to attend with "observer" status, according to the Myanmar Peace Center (MPC). "[Suu Kyi] told us that we should meet other ethnic armed groups that did not sign the NCA yet," Hla Maung Shwe, a senior advisor for the MPC, told The Irrawaddy on Thursday. Among non-signatory groups are several powerful ethnic armies, including the United Wa State Army and the Kachin Independence Army. Win Htein, a spokesperson for the NLD who participated in the meeting with MPC representatives, including the group's chair Aung Min, in Naypyidaw, has stated repeatedly that Suu Kyi would take a lead role in peace negotiations. However, the NLD chairwoman's exact role in the ongoing process was not specified at Wednesday's dialogue, according to Hla Maung Shwe. "Of course, she could lead our MPC because her party will become the government," he said. It is an open secret that some ethnic leaders have little trust in the MPC, viewing it as merely an extension of government. Some local political observers have speculated as to whether the peace body should be abolished when the NLD takes power in 2016. Suu Kyi acknowledged the work of the MPC on Wednesday, according to Hla Maung Shwe, without elaborating on the group's future. Meanwhile, a representative of the United Nationalities Federal Council (UNFC) said on Thursday that the ethnic alliance had formed a committee to lead dialogue with Naypyidaw. "We are ready for negotiations with the current government or the new government for future peace talks. We have already formed a committee to lead negotiations and this committee will deal with the government in the future," said Htun Zaw, UNFC joint-secretary. "The people elected a new government. Their policy is also based on negotiation. We expect the situation with the new government will be better than the current government." Htun Zaw said the country's prospects for peace hinged to a significant extent on the NLD's relationship with the Burma Army, and whether ongoing conflict could be decisively halted. The post Suu Kyi Tells Govt Peace Body: Reach Out to Non-Signatory Armed Groups appeared first on The Irrawaddy.

Burma Through the Lens in 2015 Posted: 24 Dec 2015 01:47 AM PST Click to view slideshow. Nationwide floods, continuing ethnic conflict in Shan and Kachin states and the NLD's landslide election victory: The Irrawaddy's photographic retrospective of a momentous year in Burma's history. The post Burma Through the Lens in 2015 appeared first on The Irrawaddy.

Kachin IDPs Resigned to Another Subdued Christmas Away From Home Posted: 24 Dec 2015 12:40 AM PST Click to view slideshow. BHAMO, Kachin State — "I want a school bag," said nine-year-old Naw Mai with a shy smile when asked what he wanted from Santa Claus this year. Alongside more than 3,000 other internally displaced persons (IDPs), Naw Mai will pass another Christmas in Bhamo Township's Robert Church compound in southern Kachin State. "He always says he wants a Kachin bag because he feels ashamed to go to school with the backpack that UNICEF gave him," explained his mother Htam Hkawn, pointing to an old blue-colored backpack emblazoned with the UN Children Fund's logo. "But we can't afford to buy him a new bag," she added. The Irrawaddy visited the church compound this week which began hosting IDPs since a 17-year ceasefire between the government and the Kachin Independence Army (KIA) broke down in mid-2011. Since February this year, the church was forced to stop accepting newly displaced persons as it was stretched to capacity. Christmas has been a subdued affair for thousands of displaced families—Naw Mai's family among them—in Kachin State over the past four years, with many separated from their loved ones and unable to return home. According to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), around 100,000 people remain displaced in Kachin and northern Shan states. The UN body said 1 million people are in need of humanitarian aid throughout the country and cited a significant shortfall in aid funding for 2015. Around 1,000 children aged between 3 to 12 years old live in the Robert Church compound, according to camp manager Aung Mai. Some of them go to a school set up in the camp, at high-school and pre-school levels, run by volunteer teachers. Since the camp was opened, teachers have made an effort to mark Dec. 25 in some way each year. "We celebrate Christmas just as a symbol now because we feel guilty to be happy," said Nang Zing La Ja, a program officer with Zinlum, a sub-committee of the Bhamo District Kachin Baptist Convention (KBC). The Zinlum committee has been working together with INGOs and UN organizations to provide humanitarian aid to IDP camps in remote areas of Kachin State. "However, after Christmas day passes, they feel the burden of daily living and [the struggles] of their families again," he said. "When we put ourselves in their shoes, we can feel that they are not happy. Not at all." Nang Zing La Ja said he wanted to celebrate Christmas this year, especially for the children—to ease their worries if only for a short while. But there were little funds to hold a special event, he added, as donors only prioritized supplies for daily living. "Now Christmas has become meaningless for them," he said. Htan Ra, a 36-year-old volunteer pre-school teacher in the camp, and an IDP herself, told The Irrawaddy that a small celebration for displaced children was held on Dec. 21, with teachers providing presents with their own money. At this time of year, she said, she missed her old friends. "I feel sad. It's not our home so we can't meet our old friends like we used to. Even if we can celebrate Christmas here, we have our own sufferings. Happiness lasts only one day," she said. "I wish for no more conflict and wars in the coming 2016 so that we can go back home. We are really hungry for peace now. This is the present we all want most for Christmas," she said. Htam Hkawn, the 48-year-old mother of Naw Mai, said it was difficult to be excited for another Christmas spent away from home. "Our whole village used to celebrate it together. I miss it so much that I don't even want to talk about it," she said. When The Irrawaddy left the camp on Wednesday, it was around 3 pm, the time when school classes finish. Children flooded out of classrooms, sporting blue-colored UNICEF backpacks or other school bags; some wearing school uniforms, others not. Some children clutched colorful balloons in their hands that their teachers had given them in an attempt at Christmas cheer. For 14-year-old N'Hkum Hkawn Shawng, Christmas is just a normal day. Like Htam Hkawn, her Christmas wish is full of nostalgic longing. "I want to study with my childhood friends in my native place again," she said. The post Kachin IDPs Resigned to Another Subdued Christmas Away From Home appeared first on The Irrawaddy.

Burma Air Force Orders Rangoon Villagers to Vacate Homes Posted: 24 Dec 2015 12:19 AM PST A signboard reading "Military Land, No Trespassing" in Rangoon. (Photo: The Irrawaddy) RANGOON — The Mingaladon Air Base Headquarters has ordered over 200 households across four villages in the outer northern Rangoon township of Hmawbi to vacate their homes, telling the families they are squatting on military land. Residents of Myaungdaga, Wapataw, Kalagon and Shwepyi villages, all four of which are close to the Shwepyi Air and Ground Shooting Range, told The Irrawaddy that they had been ordered to leave by Dec. 29. "That place was confiscated by the military some 30 years ago. But, we have lived there at least 26 years. There are lots of vegetable gardens and plants, and locals also raise livestock," said Wapataw local Zaw Moe. "Land prices are so high now. Where are we supposed to live after we move?" The notice from the headquarters, dated Dec. 11, warned that the military would take legal action against the villagers if they stayed. "As the military officers came and told us, we dare not negotiate," said a Kalagon village local, who requested anonymity. "We don't have money. We are in trouble, being asked to move unexpectedly like this." According to an investigatory committee in the Union Parliament, the vast majority of land disputes in the last five years occurred in Rangoon Division, with 1,738 complaints lodged to March this year. The divisional government has yet to settle over 900 complaints. The post Burma Air Force Orders Rangoon Villagers to Vacate Homes appeared first on The Irrawaddy.

Two Burmese Men Found Guilty, Receive Death Penalty in Koh Tao Case Posted: 23 Dec 2015 09:27 PM PST Burmese migrant Wai Phyo arrives at the Koh Samui Provincial Court, in Koh Samui, Thailand, July 22, 2015. (Photo: Reuters) CHIANG MAI, Thailand — A Koh Samui Court sentenced two Burmese men to death on Thursday over the killing of two British backpackers on a Thai resort island last year. "The court said they were guilty and sentenced them to the death penalty," British labor rights activist Andy Hall, who has been working with the defense team, told The Irrawaddy. Burmese migrants Zaw Lin and Wai Phyo were on trial for the murder of David Miller and the rape and murder of Hannah Witheridge on Koh Tao in September last year. The handling of the case by Thai police has been the subject of significant controversy and the two Burmese defendants alleged they were tortured into a confession. Some rights activists contended during the course of the trial that the two accused were made scapegoats for the brutal murders. "We visited them [the accused] yesterday in prison. They were confident," Hall said before the verdict was delivered on Thursday morning. Min Oo of the Foundation for Education and Development, also working with the defense team, said they would appeal Thursday's verdict within seven days. "The court charged them on seven cases. Other charges included on illegal status, murder and rape," he said. "We already expected this kind of verdict. It is not finished yet. We are discussing with defense lawyers how we will make another appeal to the court within seven days. Our defense team are not happy with the result. But we will try to help however we can." The post Two Burmese Men Found Guilty, Receive Death Penalty in Koh Tao Case appeared first on The Irrawaddy.

Cambodia PM Stands by Hydropower, Dismisses Critics as ‘Extremists’ Posted: 23 Dec 2015 09:17 PM PST Cambodia’s Prime Minister Hun Sen arrives at the National Assembly in Phnom Penh, Oct. 30. (Photo: Samrang Pring / Reuters) PHNOM PENH — Cambodia’s prime minister defended his government’s energy policy on Wednesday and hit back at environmentalists opposed to hydropower plants by suggesting their electricity be cut off and they should use resin torches instead. Cambodia depends heavily on imported fuel and power to meet its rising energy demand, with costs per unit among the most expensive in Southeast Asia and a common source of complaint from foreign investors. Construction of Chinese-funded hydropower projects, which first started a decade ago in Cambodia, have raised alarm about the impact on endangered species, fish stocks and the communities that live off the rivers. Inaugurating a $540 million, 246-megawatt hydropower dam in Koh Kong province on Wednesday, Prime Minister Hun Sen acknowledged some of the concerns, like flooding of forested land, but said Cambodia had no choice. “We have to pay the price,” Hun Sen said in a speech, adding the government was seeking more Chinese loans to expand power grids. Cambodia plans to build 14 hydro dams to be operational by 2020. An environmental group, NGO Forum on Cambodia, in a report said those already built had caused deforestation and hit water resources such as fisheries. Hun Sen said six of seven hydro dams built so far were operational and were benefiting tens of thousands of households. He dismissed critics as “extremists” who were opposed to anything. “We can make resin torches for environmental extremists to use and cut off electricity from their homes,” he said. Russia and Cambodia signed an energy cooperation agreement last month during a visit by Russian Prime Minister Dmitry Medvedev in which Moscow will provide expertise, research and training on nuclear power. The post Cambodia PM Stands by Hydropower, Dismisses Critics as 'Extremists' appeared first on The Irrawaddy.

Thai Junta Says 99% of People Happy with Its Rule Posted: 23 Dec 2015 09:10 PM PST Thai Prime Minister Prayuth Chan-ocha speaks in Bangkok on Wednesday. (Photo: Jorge Silva / Reuters) BANGKOK — It’s the kind of poll result you’d see in a North Korean election or Saddam Hussein’s Iraq: Thailand’s military-ruled government says 99 percent of the country’s people are happy with its performance since it took power in a coup last year. The junta has relentlessly pursued critics, jailing them for attempting to stage protests, lighting candles or even hitting the “like” button on Facebook, yet says the poll released Tuesday shows an astonishing majority of Thais are satisfied with its performance. The survey conducted by the government-run National Statistical Organization found that 98.9 percent of respondents were satisfied and confident in the government’s performance, said government spokesman Sansern Kaewkamnerd. He did not disclose the format or margin of error of the survey, but said 2,700 people nationwide were polled from Nov. 27 to Dec. 4. However, the number of respondents and dates they were polled varied depending on the government source. Deputy government spokesman Werachon Sukondhapatipak said over 7,000 people were polled earlier in December. The statistics office that conducted the poll said 3,900 people were surveyed from Nov. 2 to 10—and that 98.6 percent of them expressed satisfaction with the government. There was no immediate explanation for the confusion over the sample size and results. The Southeast Asian country has been deeply divided along political lines for a decade, and there is little sign those wounds have healed significantly since army Gen. Prayuth Chan-ocha took power from an elected government in May 2014 following months of protests. Despite the government’s claims of popularity, Prayuth acknowledged that the divide remains in a speech Tuesday summing up his administration’s accomplishments in 2015. “It’s hard to give a speech, to create understanding, hard to send messages to people nationwide because we have differences,” he said. “In the past, we haven’t understood one another and it led to disputes. Now we have to think about how to move this country forward.” The junta has been criticized for taking Thailand, once a beacon of democracy and freedom in Southeast Asia, backward. According to Human Rights Watch, the junta’s rule has sent “Thailand’s human rights situation into free fall.” The junta has limited freedom of expression and assembly and curbed dissent by detaining hundreds of academics, politicians, journalists and others viewed as critics. They are sent to military bases for what it calls “attitude adjustment” and only released after signing a contract not to voice dissent. Meanwhile, the junta has launched a campaign to boost its popularity and “return happiness” to Thailand. As a New Year’s gift to the people, the junta chief wrote a song that was released Tuesday called, “Because You Are Thailand.” It was Prayuth’s second such morale-boosting effort since seizing power. Shortly after the coup, he penned the lyrics to a tune called, “Returning Happiness to the People,” which is often played on state-controlled radio and TV stations. In his speech Wednesday, Prayuth indicated that the junta was sticking to its latest plan to hold elections in mid-2017. “We have one year and six months, if we start counting from January 2016 until (July) 2017,” Prayuth said, adding later, “I don’t want to hold on to power.” The post Thai Junta Says 99% of People Happy with Its Rule appeared first on The Irrawaddy.

Thai High Court Upholds Conviction for Webmaster Posted: 23 Dec 2015 09:00 PM PST Chiranuch Premchaiporn, director of the Prachatai news website, in Bangkok in 2012. (Photo: Sukree Sukplang / Reuters) BANGKOK — Thailand’s Supreme Court on Wednesday upheld the 2012 conviction of a webmaster for not acting quickly enough to delete online comments deemed insulting to the country’s monarchy, a decision decried by rights advocates as another blow to freedom of expression. The court affirmed the eight-month prison term—suspended for a year—and 20,000 baht ($555) fine given Chiranuch Premchaiporn, a director of the news website Prachatai, on whose web board the offending comments were posted by outside parties in 2008. The court’s decision “sets an appalling precedent for freedom of expression—particularly online—in a climate where official contempt for free speech has hit new lows,” the human rights group Amnesty International said. “Today’s Supreme Court decision highlights how the Thai authorities are using and abusing a range of laws to enforce direct censorship and impose a climate of self-censorship,” it said. Chiranuch had faced up to 20 years in prison under Thailand’s broadly defined Computer Crime Act for failing to quickly remove 10 reader comments posted on the web board. She was convicted over one comment that remained online for 20 days. Because of the legal vulnerability of being held responsible for third-person postings, Prachatai closed the web board after Chiranuch was charged, although its main news site is still in operation. While much of the 2007 Computer Crime Act covers offenses associated with hacking, several provisions have been applied to expression of political opinions that are deemed “likely to damage the country’s security or cause a public panic.” Postings on social media that are prosecuted under a separate lese majeste law, which prohibits defamation of the monarchy, almost automatically fall into this category. The provision holding intermediaries responsible, such as in Chiranuch’s case, is particularly controversial. The watchdog group iLaw, which monitors political cases, said Wednesday’s ruling was the first time the Supreme Court has upheld the provision holding intermediaries responsible for failing to quickly remove illegal content uploaded by outside parties. “This standard affirms the atmosphere of fear in Thai Internet society,” said iLaw’s Yingcheep Atchanont. “This Supreme Court verdict sends a message to all webmasters or content providers that they have to monitor their computer system more closely. The atmosphere of self-censorship by intermediaries will remain very strict.” Prachatai was founded by several respected journalists, senators and press freedom activists to be an independent, nonprofit, daily Internet newspaper. It has attracted an audience of critics of the status quo, especially on its now-defunct web board. The post Thai High Court Upholds Conviction for Webmaster appeared first on The Irrawaddy.

USDP Looks to Regroup after Bruising Election Defeat Posted: 23 Dec 2015 08:17 PM PST Supporters sing a campaign song during a Union Solidarity and Development Party (USDP) campaign rally in Rangoon. (Photo: Soe Zeya Tun / Reuters) RANGOON — Stretching back in his chair at his party office in Thaketa Township in eastern Rangoon, Nyunt Pe looks at ease, despite losing his seat in the divisional parliament in last month's elections. "I played the role of a villain for the past five years," he said. The 65-year-old former military officer remembers how he often voted down the proposals of opposition MPs in parliament as a lawmaker for the ruling Union Solidarity and Development Party (USDP). For example, in the Rangoon Division parliament, his party rejected a proposal by an opposition MP to give nutritious food to all primary school children in the entire Rangoon Division, at a cost he estimated of US$150,000 a day. "Those who proposed things like this were hailed as heroes. But we had no choice but to reject them," he said, arguing that many of the opposition's ideas were simply too expensive. But the voters' verdict on the USDP's performance in government was clear. The ruling party, led by former army generals who took power through the flawed 2010 elections, suffered a drubbing in the Nov. 8 elections at the hands of the NLD. Political observers now question how and whether the once-mighty party will be able to regroup, and what it will look like as an opposition force. Myanmar Now's interviews with several USDP members show the party is looking to come back with a new, leaner line-up, although the exact details are scarce. Officials say their first task is to identify activists from the grassroots to senior levels, and start to reorganize the party from bottom to top. "The party will remain active both within the Parliament and in society," said Thar Win, secretary of the USDP's Rangoon branch, declining to elaborate further. Mass Movement The party was formed just before the 2010 elections and absorbed all the assets and infrastructure of its precursor the Union Solidarity and Development Association (USDA), a mass social and political movement formed by the then-ruling junta. Nyunt Pe never intended to become a legislator. He suffered gunshots in both of his legs during the battles with Karen rebels in the early 1990s and was appointed as a senior official in Rangoon's municipality after his retirement from the army. In 2010 when he reached 60, the official retirement age for all government employees, he bought a two-acre plot of land in the remote capital Naypyidaw and built a house where he planned to live out his days. But as a dutiful public servant, when he was asked by the USDP to contest the elections he accepted the offer and became an MP in the regional parliament. Flipping through a bulky file, he talked about how many roads, bridges and water wells were built in his constituency, Thaketa, after he was elected in 2010. But five years later, like most of his fellow USDP lawmakers, he lost his seat. He describes his loss with an air of resignation: "The public wants something better than what we can offer them," he said. While some USDP officials regard the party's defeat as simply a reflection of the public's desire for change, others also attributed it to the party's ugly purge which saw the ouster of about a dozen senior party members, including Parliament Speaker Shwe Mann. The USDP won just 41 seats in the combined Houses of Union Parliament, while the opposition NLD secured a comfortable majority with 390 seats. Reorganizing After the elections, some party officials have called for major reforms within the party. In preparation, the USDP has started collecting a list of party loyalists who worked hard during the election campaign, according to officials. Party co-chair Htay Oo, who also lost his seat in the elections, recently told the Myanmar Times that the USDP would reform from the ground up—though he did not disclose any details. Thar Win said township party officials have been assigned to compile the list of party loyalists, but detailed plans for the party's reorganization would not be ready before the expiry of the term of current parliament at the end of January. Maung Maung Than, an official at the USDP office in Rangoon's Dawbon Township, said the party needed a revamp to replace complacent officials with grassroots party activists who campaigned enthusiastically ahead of the election. "That's why we are now collecting the list of party's hardcore cadres from different wards. The party members have to tell us whether they can work just part-time or full-time for the party," he said. He added that some party officials slacking in their duties were those who were installed by the USDP leadership, businessmen with close ties to the army, or even secret supporters of the NLD. "Such people are like the watermelons. They are green outside but red inside," he said, referring to the green of the USDP and the red party color of the NLD. The party also needs to bring up its younger generation, and promote some of them to the party leadership, officials said. "We are looking for those young people who can succeed us. It is no easy task," said Soe Win, a USDP lawmaker from Rangoon's Kyauktada Township who lost to his NLD rival. It is not clear if the outgoing President Thein Sein—the official party chief but constitutionally barred from engaging in party activities—will steer the party again. Pike Htwe, a former deputy minister for information who joined the party's central executive committee in a reshuffle in August, told Myanmar Now in a telephone interview that talks were still going on among party leaders about how the party should be reorganized. Army's Ally  Though it has lost most of its seats, the USDP will remain a significant political player, given that it enjoys the strong backing of the army, which constitutionally controls 25 percent of seats in Parliament and three key government ministries relating to security. Nyunt Tin, a former ambassador and a USDP Upper House MP, described the party as "the army's ally" and said the party would act as a counterbalancing force to the NLD by working together with the military MPs. "This does not necessarily mean we will play an obstructive role, but we can't just let the dominant party do whatever it wants. We will definitely work with everyone for the good of the country," said Nyunt Tin, who, at 73, did not defend his seat, but will continue working in an advisory role. Igor Blazevic, a human rights worker and the director of Rangoon-based Educational Initiatives, which has been training political activists in Burma, said the USDP would remain a strong force given the material resources and infrastructure the party still has at its disposal. "It is very probable that USDP will keep its links with at least some segments of Burma’s military and with some business groups," he said, adding that the USDP may also benefit when the public, which has high hopes for what the NLD can deliver, eventually becomes disillusioned. He pointed to losing parties in other countries undergoing democratic transitions—such as Golkar in Indonesia, as well as social democratic parties in Slovenia and Hungary—as examples of parties voted out of government that have managed to survive and stay relevant. For some outgoing USDP lawmakers, such as Nyunt Pe, a fightback is not on the cards. Instead, political defeat heralds a quiet retirement. When the current term of Parliament expires at the end of January, he will go back to his house in a rural district of Naypyidaw and spend time with his family. "I am going to be liberated from official responsibilities," he said. "Enough is enough." This article was originally published at Myanmar Now.         The post USDP Looks to Regroup after Bruising Election Defeat appeared first on The Irrawaddy.

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