Tuesday, December 29, 2015

Shan Herald Agency for News

Shan Herald Agency for News


Peace Process: Time for non-signatories to make up their mind

Posted: 28 Dec 2015 08:07 PM PST

Following the landslide victory of the National League for Democracy, the ethnic armed organizations (EAOs), both signatories and non-signatories, had hailed it as a big step forward in the peace process. All have also offered their cooperation with the party leader Daw Aung San Suu Kyi, expressing their hope that a new peace invitation that will render a more level playing field for them is just round the corner.
However, two meetings that had taken place between her and the signatory EAOs on 17 December, and the Myanmar Peace Center (MPC) on 23 December, may prove as a disappointment for them, especially for the non-signatories who have placed high hopes on getting on board with her.
Of course, no one can blame her for changing her position, after circumstances have changed. Running for the president and being a (defacto, if not de jure) president are different things. Just ask presidents Obama and Hollande, or even U Thein Sein.
According to sources, she is not going to open up political dialogues with the non- signatories until they have signed the Nationwide Ceasefire Agreement (NCA). Accordingly, she had urged both the signatory EAOs and the MPC to try to reach out to the non-signatories in an effort to convince them to sign it.
"Her immediate concern is with the handover of power to her by the present government," one EAO member who met her said.  "She wants nothing to be in the way of a smooth transfer."
One thing in the way, sources say, is that the non-signatories will continue to be unlawful organizations until they become signatories. She wants nothing to do with them until they are delisted.
More important is her former position that the amendment of the constitution should be affected both within and without the parliament has changed, according the sources. "Now she says it must be done only inside the parliament," said one.
Of course, circumstances may still change, and with them her position. But until they do, the non-signatories' strategy should be not to wait for her to make the first move, but for them to move first.
What more better opportunity for them to do it, if they decide to attend the Union Peace Conference (UPC), scheduled for 12 January and is expected to last at least 5-7 days, to present their case. Whatever decision they may take, they should not forget that the ball is in their court now, not hers.
As for the signatories, the nons need not worry themselves about them, because right now they are getting all the leverage that they can get from the present government, whose main concern is to convince the nons and the rest of the world that it is faithfully implementing the NCA. Needless to say, its position is also sure to change with the change of government.
May 2016 bring peace to the people of the Union.

On NLD Position that State Chief Minister will be elected from its own Party

Posted: 28 Dec 2015 06:24 PM PST

If what Nang Khin Htwe Myint said is the policy of NLD and meant to be that of Aung San Suu Kyi, we are in for a latent conflict between the NLD and ethnic nationalities as a whole instead of a cooperation to build a just and fair genuine federal union.

It is all along understood that the democratic camp, including the NLD, are of the opinion that the Chief State Minister should be elected by the people of the concerned state and not the Union President, as prescribed by the military-drafted constitution.

The NLD was sympathetic when the ethnic MPs were trying to change this section so that they could elect their own State Chief Minister. But now it is going to use the constitutional privilege that is granted to put its own people as Chief Ministers.

It is understandable, if the NLD exercises such authority in states and regions that it has won with majority. But at least it should endorse and support the homegrown political parties candidates in Arakan and Shan States, where the ethnic parties won with a big margin and achieved sizeable seats more than the NLD.
By showing this kind of broadmindedness the NLD might prove that it is keeping it's promises to amend the constitution to be a genuine federalism, by not making use of the unfair power monopoly drafted by the military clique.

It is now up to the NLD to choose, whether cooperation with the ethnic nationalities or confrontation, which will also determine if it is for real justified genuine federalism or watered down unitary system with some democratic window dressing.

Monday, December 28, 2015

The Irrawaddy Magazine

The Irrawaddy Magazine


Lawmakers Debate Jade Trade in Wake of Latest Landslide in Hpakant

Posted: 28 Dec 2015 05:21 AM PST

Trucks are seen at a Hpakant jade mine in Kachin State, November 25, 2015. (Photo: Soe Zeya Tun / Reuters)

Trucks are seen at a Hpakant jade mine in Kachin State, November 25, 2015. (Photo: Soe Zeya Tun / Reuters)

RANGOON — Burma's deputy minister of mines on Monday outlined the ministry's plan to crack down on illegal prospecting and improve safety in the jade mining region of Kachin State's Hpakant, in the wake of yet another landslide.

Deputy minister Than Tun Aung told lawmakers at a parliamentary session on Monday that the government may increase its police presence in the Hpakant region and would consider shutting down jade mines in the Hpakant Township village of Lone Khin.

Than Tun Aung also canvassed the possibility of declaring martial law in the area in a bid to enforce law and order, with reports of accelerated extraction efforts in recent months.

However, parliamentarians criticized the deputy minister's plans and called on the ministry to provide assistance to the many migrants who derive a livelihood from picking through mountains of discarded waste at mine sites in search of precious jade residue.

In a Dec. 21 session of parliament, the official vowed the ministry would "take legal action against illegal miners and prospectors who are looking for residual jade in the pilings of mining waste."

His statement was in response to a motion submitted by Kachin lawmaker Khet Tein Nan urging solutions to some of the issues that have plagued the jade trade in Hpakant Township.

Another landslide hit Hpakant on Friday afternoon, with Than Tun Aung stating that three people were missing, as was reported in the state-run Global New Light of Myanmar on Monday. Earlier reports had suggested dozens of miners may have been buried.

Deadly landslides of mine waste pilings have been all too frequent in 2015, with the deadliest such collapse killing at least 114 people last month.

Khaing Maung Ye, an MP from Ahlone constituency in Rangoon Division, said the ministry should look for more viable options to address unchecked mining and prevent further landslides while also considering what could be done for small-scale prospectors, also known as hand-pickers.

"They have to make a living without the fear of death. They have no other job to do," said Upper House National League for Democracy (NLD) lawmaker Myat Nyana Soe.

Outspoken ruling party lawmaker Hla Swe, who chairs the parliamentary committee on mining, said companies were awarded vast areas to operate in, within a relatively short timeframe, resulting in them taking shortcuts in their operations.

He suggested giving companies more time to operate.

Independent MP Phone Myint Aung suggested a dramatic pull back in the industry so that jade could be reserved for future generations. Kachin MP Khet Tein Nan agreed, saying systematic conservation efforts were needed in the area that has come to resemble an unlivable moonscape.

According to the deputy mines minister, 857 companies are currently operating in the Hpakant region, in an industry that was suspended in May 2012 due to conflict between government troops and the Kachin Independence Army (KIA).

Than Tun Aung also explained that there were a total of 13 designated areas for companies to discard waste on existing piles.

"I am not being biased toward the companies," Than Tun Aung said. "The jade mining had to suddenly stop in May 2012 because no security could be guaranteed to companies as there was fighting between the Burmese military and the KIA. The KIA destroyed [machinery] and set fires in the area and small scale prospectors also came into the area."

The official went on to deny widespread reports that much of Burma's jade was smuggled over the border to China, while simultaneously suggesting that, if that was the case, small-scale miners may be involved.

The post Lawmakers Debate Jade Trade in Wake of Latest Landslide in Hpakant appeared first on The Irrawaddy.

Kyaukphyu SEZ Discussion in Naypyidaw Misses Vote Deadline

Posted: 28 Dec 2015 03:53 AM PST

Preliminary development at the Kyaukphyu special economic zone in 2014. (Photo: Ko Soe / The Irrawaddy)

Preliminary development at the Kyaukphyu special economic zone in 2014. (Photo: Ko Soe / The Irrawaddy)

CHIANG MAI, Thailand — Debate over the approval of the Kyaukphyu special economic zone in Arakan State has dragged on in Union Parliament, with an expected Monday vote on the 4,289-acre project deferred until later in the week.

Khin Saw Wai, a lawmaker for Arakan's Rathedaung constituency, said that residents of the state wanted reassurance that the project would have adequate transparency and accountability mechanisms before parliamentarians gave their approval.

"We are not opposing the project," she said, "but we want guarantees from the government on local employment and development promises, as well as transparency around compensation if locals need to be moved from their land."

Around 85 percent of investment into the Kyaukphyu SEZ is slated to come from Chinese companies, while the rest will come from local firms. The project will include housing, an industrial zone and deep-sea ports, with plans to begin construction in 2017.

Despite being rich in natural resources, Arakan is the second-poorest state in Burma, with a lack of local job opportunities, decrepit infrastructure, and ongoing tensions between Buddhist and Muslim communities after the mob violence of 2012.

Since the motion to approve the Kyaukphyu project was tabled in parliament, local civil society groups have urged lawmakers to delay the project until a new government led by the National League for Democracy (NLD) takes the reins at the end of March.

Over 650 villagers from within the project site, who will be affected once the project begins, gathered in Kyaukphyu on Sunday to urge the government to halt the project until it had provided employment opportunities and regional development programs.

Tun Kyi, a member of Kyaukphyu Rural Area Development Association, told The Irrawaddy that the project posed a serious threat to local livelihoods.

"We have been making our lives on this ground and many of us are agricultural workers. We need a great deal of support, jobs and vocational skills when the development projects arrive."

Despite years of discussion around the proposal, many locals were unaware of the project until recently, when employees of the government's Kyaukphyu SEZ Management Committee began erecting fence posts around an area encompassing 21 villages in order to delineate the project site. Khin Saw Wai said villagers had been told that housing and infrastructure for the SEZ would not disrupt local communities.

"Only residents from two village tracts were aware of the project," she claimed.

The post Kyaukphyu SEZ Discussion in Naypyidaw Misses Vote Deadline appeared first on The Irrawaddy.

Fighting Flares Between Arakan Army and Govt Troops

Posted: 28 Dec 2015 03:39 AM PST

 The Arakan Army's 5th anniversary celebrations in Laiza, Kachin State, April 2014. (Photo: Moe Myint / The Irrawaddy)


The Arakan Army’s 5th anniversary celebrations in Laiza, Kachin State, April 2014. (Photo: Moe Myint / The Irrawaddy)

RANGOON — Fighting broke out on Sunday between the Arakan Army (AA) and government troops in Kyauktaw Township of northern Arakan State, according to the ethnic armed group, which released information on the skirmish on Monday.

The fighting took place near the Sittwe-Rangoon highway in Kyauktaw Township, around 6 km from the Mahamuni Pagoda, and continued on Monday morning when government troops called in reinforcements.

The Arakan Army claimed several Burma Army troops were wounded but said it was still assessing casualties.

Hla May, founder of the Kyauktaw Women's Network, confirmed that fighting had broken out in a sparsely populated area near Ram Chaung tributary.

"Residents are worried about the conflict because in previous fighting, some villagers were detained and interrogated on accusations of being connected with an unlawful association," Hla May said.

Burma Army troops clashed several times with Arakan Army forces in a number of areas in the western state beginning in late March. Following the fighting, at least 20 people were detained under Burma's Unlawful Association Law for their alleged links to the armed faction.

According to Kyauktaw Township authorities, at least 18 Arakan Army soldiers were arrested following the fighting earlier this year.

The Arakan Army is also based in Laiza, Kachin State, where the Kachin Independence Army (KIA) is headquartered, and has been active in conflict areas where the KIA, the Ta'ang National Liberation Army (TNLA) and the Myanmar National Democratic Alliance Army (MNDAA) have clashed with government troops.

The government declined to allow the TNLA, AA and MNDAA to sign the so-called nationwide ceasefire agreement concluded in mid-October, while the KIA, alongside several other major ethnic armed groups, withheld its signature.

CAPTION:  Arakan Army soldiers conduct a military exercise at Laiza in Kachin State, where the Kachin Independence Army (KIA) is headquartered. (Photo: Thaw Hein Htet / The Irrawaddy)

The post Fighting Flares Between Arakan Army and Govt Troops appeared first on The Irrawaddy.

Graffiti Protesters Allowed to Rejoin Classes after University Backflip

Posted: 28 Dec 2015 03:18 AM PST

The three released student protesters from Yadanabon University outside Mandalay's Obo Prison on Dec. 22. (Photo: Min Htet Nyein Chan / The Irrawaddy)

The three released student protesters from Yadanabon University outside Mandalay's Obo Prison on Dec. 22. (Photo: Min Htet Nyein Chan / The Irrawaddy)

MANDALAY — The administration of Yadanabon University in Mandalay has relented and allowed three students recently released from prison to continue their education after they were informed last week they would be barred from reenrollment.

Aung San Oo, now in the final year of his physics course, was one of three students to spend six months in jail after spray-painting slogans calling for the resignation of the government and the release of those detained after the crackdown on students protesting the National Education Law. He told The Irrawaddy on Monday that he, Jit Tu and Nyan Lin Htet had now received letters giving them permission to return to the Yadanabon campus.

"The professors, deans and rectors held a meeting and said they will allow us to resume our classes. We received official letters today," he said.

The three men had urged university authorities to withdraw their expulsion, after they were informed of the decision by a university registrar on Thursday.

"If we did not speak up for our rights, we would not be allowed to continue our studies. We do not need to thank anyone, because we’ve served our prison term and we have a right to education," Aung San Oo said.

All three men served a six-month prison sentence in Mandalay's Obo Prison after their July arrests. Nai Ye Wai, a fellow protester and the president of the Yadanabon University Student Union, is serving an additional three months and it is currently unknown whether he will be allowed to return to his classes.

Another student, Ye Yint Paing Hmu, was arrested on Dec. 25 for his alleged role in the June protests and told friends he is being held in Obo Prison.

The post Graffiti Protesters Allowed to Rejoin Classes after University Backflip appeared first on The Irrawaddy.

Chaw Sandi Tun Sentenced to Six Months in Jail over Facebook Post

Posted: 28 Dec 2015 12:57 AM PST

 Chaw Sandi Tun at Maubin Township court on Monday morning. The 25-year-old was sentenced to six months' imprisonment for sharing a Facebook post deemed insulting to the military. (Photo: JPaing / The Irrawaddy)

Chaw Sandi Tun at Maubin Township court on Monday morning. The 25-year-old was sentenced to six months' imprisonment for sharing a Facebook post deemed insulting to the military. (Photo: JPaing / The Irrawaddy)

RANGOON — An Irrawaddy Division court sentenced 25-year-old Chaw Sandi Tun to six months in prison on Monday for sharing a photo collage online which compared redesigned uniforms worn by Burmese military personnel to the apparel worn by National League for Democracy (NLD) chairwoman Aung San Suu Kyi.

The Maubin Township court handed down the sentence under Article 66(d) of the Telecommunications Law for defamation relating to the Facebook post which was deemed insulting to the military.

Chaw Sandi Tun was a former member of the Maubin Students' Union and took part in the recent student protest movement against the controversial National Education Law. She was involved in campaigning for the NLD until her arrest in October.

An additional charge, brought against the defendant in late October under Article 500 of the Penal Code—also a defamation clause—was dropped on Dec. 14.

After Monday's verdict, Chaw Sandi Tun referred to another Facebook furor in mid-2014, when a doctored image of Suu Kyi in Islamic garb was shared online, including by Khin Sandar Tun, the wife of Burma's information minister Ye Htut.

"If they found me guilty, Ye Htut's wife is also [guilty]. I want her to be sued too. All should be the same under the law," Chaw Sandi Tun told reporters.

The 25-year-old's case is thought to be the first prosecution for defamation related to sharing content on social media.

"The rule of law in Burma is isolated," said the defendant's lawyer, Robert San Aung, adding that his client also denied sharing the post. "Others who spread hate speech [online] that assaults race and religion and the community are free while she was jailed.

"It is the first prosecution related to a Facebook post so there are a lot of weak points in this case," the lawyer added.

Similar cases are currently before the courts, including that of aid worker Patrick Khum Jaa Lee, who has been detained—with several requests for bail denied—since October over a Facebook post he disputes sharing.

A young poet in Rangoon was detained on Nov. 5 after posting a poem on Facebook claiming that he had an image of President Thein Sein tattooed on his penis.

Than Tun, a Union Solidarity and Development Party (USDP) official, is also facing trial for allegedly doctoring a photo of Suu Kyi, whose face was transposed onto the body of a naked woman in the offending image.

The post Chaw Sandi Tun Sentenced to Six Months in Jail over Facebook Post appeared first on The Irrawaddy.

Nighttime Bomb Blast in Kokang Region Kills 3

Posted: 28 Dec 2015 12:20 AM PST

An aid convoy sits parked along the side of a road in Kokang Special Region in February. (Photo: JPaing / The Irrawaddy)

An aid convoy sits parked along the side of a road in Kokang Special Region in February. (Photo: JPaing / The Irrawaddy)

RANGOON — Three civilians were killed after a nighttime bomb blast in Chin Shwe Haw, a border town in Burma's restive Kokang region, according to a local politician.

The blast occurred at a bus stop in the early hours of Dec. 26, according to Haw Shauk Chan. The Lower House lawmaker for Kunlong Township was quick to lay blame for the attack on ethnic Kokang insurgents from the Myanmar National Democratic Alliance Army (MNDAA).

"Three men were killed on the blast. It was unlucky for them," he said. "Everyone know who did it. (The MNDAA) want instability here. This is why they come to cause problems sometimes."

No-one has been arrested in relation to the blast.

Chin Shwe Haw was one of the towns attacked by the MNDAA in February as the group attempted to regain control of Laukkai, the Kokang capital, six years after it was expelled from the area by the Burma Army. The town was a staging post for tens of thousands of refugees fleeing the conflict across the Chinese border and to Lashio in the southwest.

After regaining control of Laukkai and nearby towns, the Burma Army imposed a nine-month state of emergency in the region, which was lifted shortly after the election.

The MNDAA has continued low level activity around Laukkai and has been engaged in occasional battles with Burma Army troops. The insurgent group claimed to have killed six soldiers during a Dec. 19 clash near the village of Mawdike, with photos released to the Jade Land Kachin Facebook page apparently showing the bodies of dead troops and a seized cache of arms and ammunition.

The post Nighttime Bomb Blast in Kokang Region Kills 3 appeared first on The Irrawaddy.

Burma Army Chief Calls for Review of Koh Tao Verdict

Posted: 27 Dec 2015 10:23 PM PST

 Demonstrators, including Buddhist monks, gather outside Aung San Suu Kyi's home in Rangoon on Sunday to protest the sentencing to death of two Burmese migrants for murder in Thailand. (Photo: JPaing / The Irrawaddy)

Demonstrators, including Buddhist monks, gather outside Aung San Suu Kyi's home in Rangoon on Sunday to protest the sentencing to death of two Burmese migrants for murder in Thailand. (Photo: JPaing / The Irrawaddy)

CHIANG MAI, Thailand — The head of Burma's Armed Forces has called on Thai authorities to review the evidence that led to the conviction and sentencing to death of two Burmese migrants for the 2014 murder of two British tourists on a Thai resort island.

A Koh Samui Court on Thursday sentenced migrants Zaw Lin and Wai Phyo to death for the killing of two British backpackers, David Miller and Hannah Witheridge, on Koh Tao in September last year—a high profile case that has attracted significant controversy amid allegations Thai police mishandled evidence and mistreated the accused.

In a New Year greeting to Thai Defense Minister General Prawit Wongsuwan, Burma Army chief Snr-Gen Min Aung Hlaing wrote that it was paramount to avoid punishing innocent people.

"Regarding the verdict, we believe and hope that Thai authorities will proceed fairly with the case in accordance with the law," the message read, which was posted to the commander-in-chief's Facebook.

Min Aung Hlaing cited the neighboring countries' strong bilateral friendship and stressed he respected the judicial process in Thailand.

Many Burmese have reacted with anger to the verdict, with hundreds protesting outside the Thai Embassy in Rangoon over consecutive days since Friday. Protesters contend the Burmese pair have been made scapegoats for the brutal crime. The defendant's lawyers have vowed to appeal.

The Thai Embassy announced on Sunday that its consular section will be closed from Monday to Wednesday due to the ongoing demonstrations.

"The consular section of the Royal Thai Embassy in Yangon will be closed during 28–30 December 2015 due to unexpected and prolonged demonstrations around the Embassy, following the Koh Samui Provincial Court's recent judgment," the statement read.

The Thai Embassy also issued a separate notification on Friday, warning Thai citizens to take precautions in Burma and avoid identifying as Thai nationals if not necessary.

In solidarity with protests in the commercial capital, Burmese communities in the border towns of Tachilek, Myawaddy and Three Pagodas Pass also held demonstrations over the weekend. Burmese nationals also protested outside respective Thai embassies in Japan and South Korea over the guilty verdict.

Other Burmese officials, including information minister Ye Htut, President's Office Minister Zaw Htay and Burmese Ambassador to Thailand Win Maung have expressed hope the verdict will be thoroughly reviewed.

Thai police on Sunday defended the probe as transparent and in line with international standards, according to a report in the Bangkok Post.

Police Maj-Gen Piyaphan said the DNA evidence "cannot lie" and warned against attempts to politicize the case, according to the Thai newspaper.

The post Burma Army Chief Calls for Review of Koh Tao Verdict appeared first on The Irrawaddy.

Paranoid: North Korea’s Computer System Mirrors Its Political One

Posted: 27 Dec 2015 08:54 PM PST

North Korean leader Kim Jong Un gives field guidance at the Sci-Tech Complex in Pyongyang, Oct. 28. (Photo: KCNA / Reuters)

North Korean leader Kim Jong Un gives field guidance at the Sci-Tech Complex in Pyongyang, Oct. 28. (Photo: KCNA / Reuters)

SINGAPORE/SEOUL — North Korea’s homegrown computer operating system mirrors its political one, according to two German researchers who have delved into the code: a go-it-alone approach, a high degree of paranoia and invasive snooping on users.

Their research, the deepest yet into the secretive state’s Red Star OS, illustrates the challenges Pyongyang faces in trying to embrace the benefits of computing and the internet while keeping a tight grip on ideas and culture.

The researchers, Florian Grunow and Niklaus Schiess of German IT security company ERNW GmbH, spoke to Reuters before presenting their findings to the Chaos Communication Congress in Hamburg on Sunday, a gathering of hackers and security researchers.

The operating system is not just the pale copy of western ones that many have assumed, they concluded after downloading the software from a website outside North Korea and exploring the code in detail,

“(Late leader) Kim Jong Il said North Korea should develop a system of their own,” said Grunow. “This is what they’ve done.”

North Korea, whose rudimentary intranet system does not connect to the outside internet but allows access to state media and some officially approved websites, has been developing its own operating system for more than a decade.

This latest version, written around 2013, is based on a version of Linux called Fedora and has eschewed the previous version’s Windows XP feel for Apple’s OSX—perhaps a nod to leader Kim Jong Un, who like his father has been photographed near Macs.

But under the hood there’s a lot that’s unique, including its own version of encrypting files. “This is a full blown operation system where they control most of the code,” said Grunow.

This, the researchers say, suggests North Korea wants to avoid any code that might be compromised by intelligence agencies.

“Maybe this is a bit fear-driven,” said Grunow. “They may want to be independent of other operating systems because they fear back doors” which might allow others to spy on them.

Grunow and Schiess said they had no way of knowing how many computers were running the software.

While private computer use is on the rise in North Korea, visitors to the country say most computers still use Windows XP, now nearly 15 years old.

No Tampering

The Red Star operating system makes it very hard for anyone to tamper with it. If a user makes any changes to core functions—like trying to disable its antivirus checker or firewall—the computer will display an error message, or reboot itself.

Red Star also addresses a more pressing concern: cracking down on the growing underground exchange of foreign movies, music and writing.

Illegal media is usually passed from person-to-person in North Korea using USB sticks and microSD cards, making it hard for the government to track where they come from.

Red Star tackles this by tagging, or watermarking, every document or media file on a computer or on any USB stick connected to it. That means that any file could be traced back to anyone who had previously opened or created the file.

“It’s definitely privacy invading, it’s not transparent to the user,” said Grunow. “It’s done stealthily, and touches files you haven’t even opened.”

Such efforts, says Nat Kretchun, an authority on the spread of foreign media in the isolated country, reflect North Korea’s realization that it needs “new ways to update their surveillance and security procedures to respond to new types of technology and new sources of information.”

There’s no sign in the operating system, the researchers say, of the kinds of cyber attack capability North Korea has been accused of.

“It really looks like they’ve just tried to build an operating system for them, and give the user a basic set of applications,” says Grunow. That includes a Korean word processor, a calendar and an app for composing and transcribing music.

North Korea is not the only country to try to develop its own operating system. Cuba has its National Nova, while China, Russia and others have tried to build theirs.

The post Paranoid: North Korea’s Computer System Mirrors Its Political One appeared first on The Irrawaddy.

China Passes Controversial Counterterrorism Law

Posted: 27 Dec 2015 08:49 PM PST

Police and civilians take part in an anti-terrorism drill at a college in the Chinese city of Hangzhou on Dec. 10. (Photo: Reuters)

Police and civilians take part in an anti-terrorism drill at a college in the Chinese city of Hangzhou on Dec. 10. (Photo: Reuters)

BEIJING — China’s parliament passed a controversial new anti-terrorism law on Sunday that requires technology firms to hand over sensitive information such as encryption keys to the government and allows the military to venture overseas on counterterror operations.

Chinese officials say their country faces a growing threat from militants and separatists, especially in its unruly Western region of Xinjiang, where hundreds have died in violence in the past few years.

The law has attracted deep concern in Western capitals, not only because of worries it could violate human rights such as freedom of speech, but because of the cyber provisions. US President Barack Obama has said that he had raised concerns about the law directly with Chinese President Xi Jinping.

Speaking after China’s largely rubber-stamp parliament passed the law, Li Shouwei, deputy head of the parliament’s criminal law division under the legislative affairs committee, said China was simply doing what other Western nations already do in asking technology firms to help fight terror.

“This rule accords with the actual work need of fighting terrorism and is basically the same as what other major countries in the world do,” Li told reporters.

This will not affect the normal operation of tech companies and they have nothing to fear in terms of having “backdoors” installed or losing intellectual property rights, he added.

Officials in Washington have argued the law, combined with new draft banking and insurance rules and a slew of anti-trust investigations, amounts to unfair regulatory pressure targeting foreign companies.

China’s national security law adopted in July requires all key network infrastructure and information systems to be “secure and controllable”.

The anti-terrorism law also permits the People’s Liberation Army to get involved in anti-terrorism operations overseas, though experts have said China faces big practical and diplomatic problems if it ever wants to do this.

An Weixing, head of the Public Security Ministry’s counter-terrorism division, said China faced a serious threat from terrorists, especially “East Turkestan” forces, China’s general term for Islamists separatists it says operate in Xinjiang.

“Terrorism is the public enemy of mankind, and the Chinese government will oppose all forms of terrorism,” An said.

Rights groups, though, doubt the existence of a cohesive militant group in Xinjiang and say the unrest mostly stems from anger among the region’s Muslim Uighur people over restrictions on their religion and culture.

The new law also restricts the right of media to report on details of terror attacks, including a provision that media and social media cannot report on details of terror activities that might lead to imitation, nor show scenes that are “cruel and inhuman”.

The post China Passes Controversial Counterterrorism Law appeared first on The Irrawaddy.

China Expels French Reporter Who Questioned Terrorism

Posted: 27 Dec 2015 08:35 PM PST

A woman shouts at Chinese paramilitary police on a street in Urumqi, the capital of China's Xinjiang Autonomous Region, in 2009. (Photo: David Gray / Reuters)

A woman shouts at Chinese paramilitary police on a street in Urumqi, the capital of China’s Xinjiang Autonomous Region, in 2009. (Photo: David Gray / Reuters)

BEIJING — China said Saturday that it will not renew press credentials for a French journalist, effectively expelling her following a harsh media campaign against her for questioning the official line equating ethnic violence in China’s western Muslim region with global terrorism.

Expecting the move, Ursula Gauthier, a longtime journalist for the French news magazine L’Obs, said late Friday night that she was prepared to leave China.

Once she departs on Dec. 31, she will become the first foreign journalist forced to leave China since 2012, when American Melissa Chan, then working for Al Jazeera in Beijing, was expelled.

“They want a public apology for things that I have not written,” Gauthier said. “They are accusing me of writing things that I have not written.”

Chinese Foreign Ministry spokesman Lu Kang said that Gauthier was no longer “suitable” to be allowed to work in China because she had supported “terrorism and cruel acts” that killed civilians and refused to apologize for her words.

“China has always protected the legal rights of foreign media and foreign correspondents to report within the country, but China does not tolerate the freedom to embolden terrorism,” Lu said in a statement.

Gauthier on Saturday called the accusations “absurd,” and said that emboldening terrorism is morally and legally wrong. She said that she should be prosecuted if that were the case.

“All this is rhetoric,” Gauthier said. “It’s only meant to deter foreign correspondents in the future in Beijing.”

In a statement Friday, the French foreign ministry said: “We regret that the visa of Madame Ursula Gauthier was not renewed. France recalls the importance of the role journalists play throughout the world.”

The Foreign Correspondents’ Club of China said the accusation that Gauthier supports terrorism “is a particularly egregious personal and professional affront with no basis in fact.” It said it was “appalled” by the decision, and expressed concerns that Beijing was using the accreditation and visa process to threaten foreign journalists.

“The FCCC views this matter as a most serious development and a grave threat to the ability of foreign correspondents to work in China,” it said in a statement.

The fallout began with Gauthier’s Nov. 18 article, shortly after the attacks in Paris. She wrote that Beijing’s proclaimed solidarity with Paris is not without ulterior motives, as Beijing seeks international support for its assertion that the ethnic violence in its Muslim region of Xinjiang is part of global terrorism.

Gauthier wrote that some of the violent attacks in Xinjiang involving members of the minority Uighur community appeared to be homegrown, with no evidence of foreign ties—an observation that has been made by numerous foreign experts on security and on Xinjiang’s ethnic policies and practices.

Advocacy groups have argued that the violence is more likely to be a response to Beijing’s suppressive policies in Xinjiang.

Beijing blames the violence on terrorism with foreign ties. Amid a counterterrorism campaign, a Xinjiang court last year sentenced a Uighur scholar critical of China’s ethnic policies in Xinjiang to life in prison. This month, a Beijing court convicted a prominent lawyer of fanning ethnic hatred based on his comments that Beijing should rethink its Xinjiang policies.

In her article, Gauthier focused on a deadly mine attack in a remote region of Xinjiang, which she described as more likely an act by Uighurs against mine workers of the majority Han ethnic group over what the Uighurs perceived as mistreatment, injustice and exploitation.

The article quickly drew stern criticism from state media and China’s government.

The Chinese Ministry of Foreign Affairs criticized Western media for using double standards in reporting on the violence.

“Why is terrorism in other countries called terrorist actions, but it turns out to be ethnic and religious issues in China?” ministry spokeswoman Hua Chunying said at a regular news briefing on Dec. 2.

By then, state media had launched an abusive and intimidating campaign against Gauthier, accusing her of having deep prejudice against China and having hurt the feelings of the Chinese people.

On Friday, Gauthier said that the Foreign Ministry demanded her to apologize for “hurting Chinese people’s feelings with wrong and hateful actions and words,” and to publicly state that she recognizes that there have been terrorist attacks in and outside Xinjiang.

She said she was also asked to distance herself from any support group that presents her case as infringement of press freedom in China.

The post China Expels French Reporter Who Questioned Terrorism appeared first on The Irrawaddy.

Shan Herald Agency for News

Shan Herald Agency for News


Without federalism, “democracy itself will discriminate against us”

Posted: 28 Dec 2015 04:19 AM PST

The Ethnic Nationalities Affairs Center (ENAC) was founded in 2013 to support Burma's political dialogue through the development of inclusive policy recommendations created by both grassroots and elite stakeholders.

Ma Htung, Program Manager at ENAC, spoke with SHAN about his organization's contributions to and views on the peace process, the Framework for Political Dialogue and ENAC's longterm vision for building a federal union.

Ma Htung works in ENAC's Thailand office. (Photo: Simma Francis)

Question: What is ENAC and what work does the organization do?

Answer: This organization is here to support the peace process, and the final goal is to build a federal union. That is what we aim for. What we are doing is making it all-inclusive, particularly the Framework for Political Dialogue. We want the UNFC [United Nationalities Federal Council] to be included in this framework. Currently, we are not able to make [the Framework] inclusive for all groups. Eight groups have already signed the NCA [the Nationwide Ceasefire Agreement], but the rest, the bigger groups, are still left behind. Unless we can bring them into the Framework for Political Dialogue, we cannot make genuine peace.

Q: SHAN has reported on criticisms that the Framework for Political Dialogue is not as inclusive as some actors would like it to be. Can you comment on this?

A: As far as I know, initially ENAC wanted a tripartite framework. One part is government, another is political parties, and finally, EAOs [Ethnic Armed Organizations]. But the government is talking about a political dialogue which has seven parts—parliament, government, military, EAOs, political parties, ethnic nationalities, and stakeholders. I am very concerned about this. We cannot say this is inclusiveness. The military has 150 persons out of 700, and in the parliament, there could already be military people. In the government, USDP [Union Solidarity and Development Party] is a political party and part of the military, too. They are in alliance, even if we cannot say they are one group. Out of seven parts, the military is dominating four parts. How can we say that this framework can lead to a fair and just political negotiation? That is what I see.

Unless the Framework for Political Dialogue is fair, I don't think it will lead to a genuine peace process. No group should take a big share in the framework. The military wants to take a big share, but they say they are taking an equal share. They should not stand separately from the government. If they stand separately, it means they still want to dominate other groups, even the government. This means that the military wants to get legal legitimacy. That's why they are participating as a separate actor. If they reduce their power, [a genuine peace process] is really possible. 

Q: Why do you think things have unfolded in this way?

A: The eight groups—we call it the Eight-C-A, instead of the NCA—these eight groups are trying to legitimate their process, because they have already signed [the NCA]. For both the eight groups and the government, they are trying to manipulate this process by excluding other groups. They can amend [the agreement] whenever it is necessary—they worded it like this—for the other groups to join. They could make changes, if the non-signatories wanted to join.

Q: The non-signatories to the NCA will be able to participate in the political dialogue as 'observers.' What does this mean to you?

A: If they decide to participate as observers…this means it will be very formal, from a legal perspective. This is clear: You are participating. You are interested. Your aim is to join the process, so it means you are supporting their process. If [the government] wants these groups to participate, they should have started from the NCA. After the signing of the NCA, these groups were no longer part of the process. They were in the process until the NCA, but what stopped them was [a lack of] inclusiveness—their only demand was to include all groups [in the agreement]. Why did the government not want to accept all groups? This is nonsense, real nonsense.

Q: ENAC is working parallel to the ongoing peace process. What is ENAC doing to influence or shift the process?

A: Currently, we have four centers [of focus]: policy development, constitution and legal affairs, the peace process, and information and publicity. We now have eight draft policies, through workshops. In the workshops, we invited EAOs, civil society organizations [CSOs] and ethnic political parties. We are developing our policies 'bottom-up', not 'top-down.' All of these policies are guidelines, guiding principles that lead to a federal constitution. Later, these policies will affect the Framework for Political Dialogue through the bargaining process between EAOs and the government. If they agree on these [policies], they could be part of a federal constitution. We believe that will be able to lead to a federal union.

Q: You mentioned "bottom-up" policy development. How are grassroots-level organizations involved?

A: The next step of what we are going to do is to consult with EAOs. We have already consulted with very top leaders and now we will consult with the middle-level. The armed groups have been around for more than 50 years, so they have several different departments—education department, land department. They have been inserted inside of the system.

At the same time, we have policy on education, health, natural resources, agriculture, all of those. So we are going to consult to develop a common understanding with the EAOs… At the next step, we will consult with the CSOs and proceed on that level as well. Before these policies become part of the Framework for Political Dialogue, this process will have already proceeded. It is not possible to consult with every citizen, but what we aim for as much as possible is to consult with the CSOs to represent the people.

Q: Has ENAC received any criticism for this approach?

A: As far as I know, we haven't received any direct criticism. But for sure, pro-government, pro-MPC [Myanmar Peace Center] groups will criticize us, saying we should work together with them. From the eight ethnic armed groups, some of them have some ideas that our organization should work not only with non-signatories, but also signatory groups. I think we can work hand in hand. But the problem is, how can we work together if our ideas and our concepts are totally different? We can have different opinions, but we should have the same aim.

Q: What would show you that you share the same aim? What would you be looking for to build trust?

A: Without peace with the EAOs, there will never be any genuine peace. Democracy, whatever you name it, is that the majority rules. In our country, the Burmese population is the biggest. We, the ethnic nationalities, cannot compete with them. If they just build democracy, it is not enough for us. We will be discriminated against again, constitutionally and lawfully. Democracy itself will discriminate against us. We are totally different from that trend. We want not only democracy, we want federaldemocracy. This means we will be fair stakeholders in the parliament, in the government. The Burmese have two seats, and we have two seats; that's what we call federal democracy. If we just have democracy, ethnic nationalities will never be able to come up to the top level.

Q: Why does the peace process need ENAC?

A: The process needs us because the way that we are working is based on a federal union. Like for policy development, we do not leave out any groups. We keep on inviting others to the [policy] workshops—signatories, non-signatories, ethnic political parties, civil society organizations. We invite representatives, two from each group. That's what you can see from the way that we are working.



By SIMMA FRANCIS / Shan Herald Agency for News (S.H.A.N)

Does starting of Union Peace Convention hastily make sense?

Posted: 27 Dec 2015 11:39 PM PST

The Myanmar Peace Center (MPC), Thein Sein's think-tank and PR Office, including government's organs of Union Peace-making Working Committee (UPWC) and Union Peace-making Central Committee (UPCC) are keen to leave a political legacy of peace process, aside from having to toe the timeline as prescribed by the so-called nationwide ceasefire Agreement (NCA). At least this is the position that Thein Sein Regime is projecting.

But the reality is to control the peace process beyond the end of its regime, when NLD government comes in after March 2016.

All the President's men in MPC don't want to be out of job and of course influence also, for by all means it is a lucrative undertaking with millions of dollars international aid involved. It is even dubbed a peace industrial complex.
Thus it is in the interest of many to keep the armed ethnic conflict alive, first to keep the international aid flowing and second, to justify that the Burma army is needed to keep the country together and so must be kept as a leading role in Burma's politics.

Thein Sein regime's rejection of all-inclusiveness and hastily holding Union Peace Convention in January is aimed at protecting these privileges. Otherwise, if it is sincere, it will just leave the whole task to the incoming NLD regime, for it would be much easier.

Just imagine, the first Union Peace Convention will start on 12 January 2016, but the tenure of Thein Sein regime will end in March and parliament at the end of January.

Isn't this a waste of resources and lack of logical thinking, given that there won't be continuity of government and parliamentarians as the regime change is to occur soon, besides going through all these with just 8 ethnic armed groups, when there are 21 fighting against the regime?

Isn't this supposed to be nationwide and not partial peace process leading to actual ceasefire on the ground and political Settlement?

Sunday, December 27, 2015

Shan Herald Agency for News

Shan Herald Agency for News


Former activist sees ‘the good, the bad and the cloudy’ in the peace process

Posted: 27 Dec 2015 05:34 AM PST

According to Aung Thu Nyein, former 8888 activist and exile, during a seminar in Bangkok last  Monday, 21 December, a lot of good things have been taking place in Burma since the peace process began in 2011.

Aung Thu Nyein (Photo: RFA)
He said he had lately visited Southeastern Burma and witnessed significant changes:
  • People are less security-conscious ("We had already deserted our village three times," he quoted a villager saying. "But since the signing of provisional ceasefire agreements not once have we left our village in haste")
  • The roads have improved. People can now engage in business and go to hospital. As a result their life is getting easier than it was before.
  • Meantime, the military chief is sending his officers to foreign countries, like Indonesia, where their own military used to be the paramount force in their society
  • The word "federalism," once taboo, is also fast becoming a commonplace word
But, on the other hand, old bad habits die hard and new ones are cropping up:
  • With ceasefire, businessmen are arriving in hitherto prohibited areas. Land confiscations, bad enough before, are accelerating in many places "People say they live in fear of two bulls," quipped a participant. "In the past, they were afraid of bullets. Now they are afraid of bulldozers."
  • Both army and border guard force (BGF) officers with monthly paychecks insufficient to subsist, are engaging in business, both legal and illegal
  • In the field of education, students are still learning about Bamars (Burmans), and very little about the other diversified populations in the country
He also posed questions for several things taking place in the country which have puzzled Burma watchers and merely served to increase suspicions among its critics:
  • Several ethnic armed organizations (EAOs) have signed preliminary bilateral agreements either to reduce or cease hostilities, but the army still finds excuses to launch attacks against them. Many, as a result, still doubt signing the Nationwide Ceasefire Agreement (NCA) may be a reliable insurance against attacks
  • The NCA signing should be inclusive. Excluding three of the EAOs (Arakan Army, Kokang and Ta-ang National Liberation Army) only serves to discredit the NCA
Meanwhile, he is not encouraged by the government waiting-in-line led by Aung San Suu Kyi. "Her first priority is the smooth transfer of power from the incumbent which may take some time," he said. "This means war won't be stopped too soon in the interim. At least for the present government, the peace process is still one of its top priorities."

He concluded his presentation saying, "War won't go away by waiting for the government to do it. It will stop only when we all work together."

Other speakers include:
  • Charm Tong                 Shan Women's Action Network (SWAN) on the fighting in central  Shan                                                   Statethat has displaced more than 10,000 people.
  • Naw Zet                       Kachin Youth Network, on the IDP situation in Kachin State
  • Surapong Kongchantuk Chairpreson, Cross Culture Foundation, on Burmese migrants in Thailand
  • Khuensai Jaiyen            Director, Pyidaungsu Institute (PI) for Peace and Dialogue, on the latest                                                  situation in the peace process
The seminar, "To Stop Civil War," was organized by Thai Allied Committee with Desegrated Burma (TACDB) Foundation and held at the Student Christian Center (SCC) on Phayathai Road.

One of the most well-known accusation against the military, repeated at the seminar was that it has been going "against international law" by using warplanes in the domestics conflict.

SHAN has put this question to Hkun Okker, legal consultant for the EAO signatories.

"I know this has been sort of a gospel to most of our people, both uninformed and even informed," he said. "But whether or not aerial warfare is legal rests entirely on humanitarian grounds and the question of sovereignty.

For instance, the Burmese government, during the Kokang offensive, had used "in defense of national sovereignty and territorial integrity" to justify its employment of warplanes against Peng Jiasheng's force."

According to en.m.wikipedia.org, there are no treaties specific to aerial warfare, unlike war on land and at sea. "To be legal, aerial operations must comply with the principles of humanitarian law: military necessity, distinction, and proportionality. An attack or action must be intended to help in the military defeat of the enemy; it must be an attack on a military objective, and the harm caused to civilian property must be proportional and not excessive in relation to the concrete and direct military advantage anticipated."

Famous examples where military planes were extensively used include the Spanish Civil War (1931-1939) and Chinese Civil War (1927-1950).   

Saturday, December 26, 2015

The Irrawaddy Magazine

The Irrawaddy Magazine


Suu Kyi Thanks Trishaw Drivers for Election Support in Rangoon

Posted: 26 Dec 2015 01:18 AM PST

Aung San Suu Kyi addresses trishaw drivers during a meeting in Rangoon on Saturday. (Photo: Myo Min Soe / The Irrawaddy)

Aung San Suu Kyi addresses trishaw drivers during a meeting in Rangoon on Saturday. (Photo: Myo Min Soe / The Irrawaddy)

RANGOON — Top leaders of the National League for Democracy (NLD), including Aung San Suu Kyi, met with around 170 trishaw drivers in Rangoon on Saturday to convey the party's appreciation for their support during the election campaign.

Suu Kyi praised the drivers' spirited backing during the party's ultimately successful election campaign, during which trishaw drivers, many sporting NLD flags or other party paraphernalia, were a ubiquitous presence on the streets of the commercial capital and at various political rallies.

After party patron Tin Oo opened proceedings on Saturday, the NLD chairwoman delivered a 20 minute speech before taking questions and hearing feedback from workers in the three-wheeled profession.

"Good ideas don't only come from experts but also from people working on the ground," Suu Kyi said.

Given the floor, several drivers detailed various difficulties of the vocation, including licensing issues, questions of legality over categories of vehicle, financial, housing and educational issues.

Many drivers also spoke out over the need to form a union to support and defend workers' interests.

Suu Kyi replied that issues of education and housing would need to be addressed nationwide. She said the establishment of a drivers' association should be straightforward and that the licensing issue would be tackled by the relevant authorities next year.

The NLD leader also asked the drivers' opinion on Rangoon's now notorious traffic congestion, to which one worker, Tha Aung, replied: "I would like to say mother Suu, Rangoon has too many cars."

The post Suu Kyi Thanks Trishaw Drivers for Election Support in Rangoon appeared first on The Irrawaddy.

Dozens Feared Dead after Another Landslide in Hpakant

Posted: 26 Dec 2015 01:05 AM PST

Trucks are seen at a jade stone mine dump at a Hpakant jade mine in Kachin state, Myanmar November 25, 2015. Using heavy earth-excavators and explosives, miners have been tearing into Myanmar's northern hills in recent months, in a rush to excavate more jade from the world's richest deposits of the gemstone before a new government takes office next year. Picture taken November 25, 2015. REUTERS/Soe Zeya Tun

Trucks are seen at a dump site at a Hpakant mine in Kachin State, November 25, 2015. (Photo: Soe Zeya Tun / Reuters)

Dozens of people were feared dead in Burma after a landslide hit a jade mining region, workers at a local mining firm said, the second such incident in just over a month.

The landslide took place on Friday in Hpakant in the country's northern Kachin State, a rugged region sandwiched between China and India and the heart of Burma's multi-billion dollar jade industry controlled by its powerful military.

"We heard about 50 people were buried in the collapsed dump and four or five bodies were found this morning," Sai Lon, who works at a jade mining company in the area, told Reuters on Saturday.

Police in Hpakant, in Mohnyin district, said the landslide took place on Friday afternoon but that they could not confirm casualties.

"We haven't heard anything from the rescue team yet," said a duty officer at Hpakant Township Police Station who declined to be named.

On Nov. 22, a massive landslide in the same mountainous area in Kachin State killed 114 people. The area produces some of the world's highest-quality jade.

Deaths in Burma's jade mines, where small time prospectors and massive firms vie for the precious stone, underscore the sector's lax safety rules and lack of accountability.

Much of the jade mined in Hpakant is believed to be smuggled to neighboring China, where the green stone is highly prized and is widely believed to bring wealth and longevity.

About 800 jade mining firms operate around the town, but activity is dominated by about 10 firms, mostly Chinese-led ventures, according to the Ministry of Mines.

Miners have been tearing into Burma's northern hills in recent months, in a rush to excavate more jade from the world's richest deposits of the gemstone before a new government, which has promised clean governance, takes office next year.

The rush has led to thousands of ethnic villagers being forced off their land.

The newly elected government of Aung San Suu Kyi's National League for Democracy party said last month it plans to tighten control over jade mines.

A US ban on Burmese jade remains in place over concerns that jade mining benefits military figures and fuels corruption and rights abuses, despite Washington easing most of its ban on imports from the country after a quasi-civilian government took power in 2011 following five decades of military dictatorship.

The post Dozens Feared Dead after Another Landslide in Hpakant appeared first on The Irrawaddy.

UN Rights Envoy: ‘When You Gain Power, You Can’t Just Change Things Overnight’

Posted: 25 Dec 2015 08:36 PM PST

UN special rapporteur on human rights in Burma, Yanghee Lee, in Rangoon on Aug. 7, 2015. (Photo: Hein Htet / The Irrawaddy)

UN Special Rapporteur on human rights in Burma, Yanghee Lee, in Rangoon on Aug. 7, 2015. (Photo: Hein Htet / The Irrawaddy)

Yanghee Lee, the Special Rapporteur on human rights in Burma, is planning to make her fourth official visit to the country before the term of the outgoing government ends early next year. Lee's last fact-finding mission in August was cut short by five days and access was denied to western Burma's Arakan State—restrictions the South Korean child rights expert described at the time as hindering her ability to fulfill her mandate. With 2015 drawing to a close, The Irrawaddy spoke with Lee about Burma's recent general election, her expectations of a new National League for Democracy-led government and rights issues including ongoing conflict and political prisoners.

Firstly, when is your next official visit to Burma planned and what are your expectations this time around?

I'm planning on going there within the next two months. I would like to go there before the government changes hands, before Thein Sein retires from his office, so that I will be able to reiterate some past issues and past points. Also so that President Thein Sein will still be able to fulfill the promises that he made when he took office in terms of human rights issues… My report to the Human Rights Council is due in March, that's my mandate. I would like to engage again and go to Myanmar and see [the situation] firsthand before I complete my report.

Were you heartened by the conduct of what was broadly regarded as a credible election? And how have you viewed the early stages of the transition process so far?

I really was heartened by the election process. We had many concerns—both the people of Myanmar and the international community did. There definitely were some disappointments and some regrets, but by far it was relatively fair and free, although not in absolute terms. This transition process—it's too early to know, but so far I think it's going OK. However, it took a while for the president and commander-in-chief to finally meet with Daw Suu. I don't know why it took them a few weeks to finally meet.

Aung San Suu Kyi has been clear on her party not seeking retribution for the past. From a human rights perspective, how do you balance political pragmatism with calls for justice and accountability for past abuses?

That's always a very difficult choice. I stick by justice, accountability and truth, but you have to be aware of the 50 years of oppressive dictatorship. To say otherwise, at the very beginning of a transition or right after a landslide election, to emphasize truth and accountability… I don't know how far cooperation would go. Daw Suu has had first-hand experience, being under house arrest for so long… So I think she's trying to be balanced and tread the waters as best she can.

Some have questioned the extent to which the NLD can institute change and reign in abuses given the entrenched position of the military. What are your expectations of an NLD-led government in terms of addressing long-standing human rights concerns? Are you optimistic?

I have to be optimistic and I think this time there's so much focus and attention from the outside world that what happened in 1990 will not happen this time. I would like to emphasize that this is particularly why we need continued international attention on Myanmar because of so much entrenched oppression and violations and also vis-à-vis the ongoing conflict areas. Some people think that now everything will be hunky dory, that we will conduct trade and [build] relations with Myanmar. But we have to remember that the military has a very strong hold on most of the business sector, at least most of the major, noteworthy, big revenue-generating businesses—or their cronies do. So it will be very important for the international community to continue to pay attention and still pressure the military. We are not only dealing with a new government, we are also dealing with the old military stronghold.

How might the way you pursue your mandate change under an NLD-led government?

It will not change at all. The major government interlocutors will change, but the civil society will still be there and my utmost priority, as it always has been, is to be fair and impartial and yet I have to really hone in on my monitoring of human right abuses and violations in all spectrums. It's not just civil and political rights but also economic, social and cultural rights… From the day I took up my mandate, I did not slow down the pace from the previous mandate. I immediately said, I have to call a spade a spade, and I was not welcomed, of course, by the current government… I will still do the same with the new NLD government. It would be naïve for me or anybody to say that now the NLD is in power that all of the human rights violations and abuses will disappear overnight, because they won't.

The new government will start with very good intentions. They were the recipients of decades of oppression. But when you're in politics, when you gain power, you can't just change things overnight. Some things will be prioritized more for various reasons. It will be my job to engage and cooperate with this new government to ensure human rights issues are at the forefront. We all know that economic development will be the top priority in any country when a new government comes in; to make the country rich and the people prosper. That could put human rights issues on the backburner.

You mentioned ongoing conflict, could you comment on the military's recent offensives in central Shan State against the Shan State Army-North and how this reflects on the "nationwide" ceasefire agreement and the political process?

I'm keeping a very close eye on developments in Shan. I'm really concerned on how it's evolving. There are still 3,000 IDPs from the recent conflict and they want to go back to their homes and their livelihoods. And of course Kachin State is another area that I'm keeping my radar on. The political process could be real and I certainly hope [conflict doesn't affect it] because then we're going to go back to day one again after so many years of trying for this national ceasefire agreement. There's still military offensives going on and I've been hearing of looting of villagers [in Shan State] and how the villagers are still terrified of the Burmese army. These sorts of things should not continue.

Ensuring the release of political prisoners will be a key expectation of the new government. Could you explain the steps needed to ensure against politically motivated cases in the future?

I was hoping that before this government leaves, they release the remaining political prisoners. We should push for that—[although] an amnesty means that these people were indeed criminals, but in the first place they should not have been arrested. In the future, in terms of preventing more political prisoners, it has to start with repealing and amending old repressive laws. It's not going to be an overnight process. With oppressive laws like the penal code and sections of the Constitution which are not in line with international standards, it's so easy to have more people arrested on political motivations in the future… As long as the old laws are on the books, it's so easy to use them against people.

Could you comment on the various defamation cases that have recently been brought to trial, such as the case of activist Patrick Khum Jaa Lee?

I think this is the job of the new Parliament, from day one. There's no breaking in period, I think they need to start [immediately] to look at some of the oppressive laws that prohibit or hinder the realization of fundamental rights. I was very troubled by these cases. Social media is a new frontier and I've been concerned how the Myanmar government would handle this; whether they would scrutinize and monitor all social media and invade people's privacy. If more cases pile up, that would be very troubling.

What were your reflections on Burma's Universal Periodic Review held in November in terms of the government's engagement with the process, their report and their response to recommendations?

They were prompt—and of course no country is late—in submitting their report to the UPR cycle. The civil society consultations I don't think were adequate. It was very regrettable that it took place in the wake of the elections, it was terrible timing. What could they say and what could they not say? But I was really disappointed that many of the points they rejected were those core recommendations made by their peer groups. Such as violence and discrimination against ethnic minorities, the citizenship law, Rakhine issues, legislation issues and the recruitment of child soldiers.

The NLD did not field any Muslim candidates in the election and has been accused of failing to speak out for the persecuted Muslim Rohingya minority in Arakan State. Is the party's willingness or ability to tackle anti-Muslim sentiment and discrimination a concern?

That's a very political question and I've been trying to think this through, even months before the election campaign started. I'm trying to see the other side, what kind of logic or reasons they had for not fielding any Muslim candidates. The political sentiment there, the temperature, was escalating. Ma Ba Tha was very strong and the division between religion and the state was [blurred]. Had the NLD fielded any [Muslim] candidates, what might have happened? Why didn't they still go ahead and field some candidates? … It's my role to emphasize to the new government that the Universal Declaration of Human Rights and the international treaties that Myanmar is a party to, mean they have to comply with provisions regarding non-discrimination.

The post UN Rights Envoy: 'When You Gain Power, You Can't Just Change Things Overnight' appeared first on The Irrawaddy.

Student Activist Arrested in Mandalay for Mid-Year Graffiti Protest

Posted: 25 Dec 2015 07:21 PM PST

The three released student protesters from Yadanabon University outside Mandalay's Obo Prison on Dec. 22. (Photo: Min Htet Nyein Chan / The Irrawaddy)

The three released student protesters from Yadanabon University outside Mandalay's Obo Prison on Dec. 22. (Photo: Min Htet Nyein Chan / The Irrawaddy)

MANDALAY — A student activist from Mandalay was arrested on Friday for spray-painting anti-government slogans on the grounds of Yadanabon University almost six months ago, the student's friend told The Irrawaddy.

Ye Yint Paing Hmu allegedly took part in 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.

"He called us and said the police are sending him to Obo Prison and we have lost contact since then," said Kaung Zaw Hein, a friend of the accused.

Four students were arrested in July over the protest and found guilty of unlawful assembly and incitement charges. Three of the students were released on Tuesday, while Naing Ye Wai, president of the Yadanabon University Student Union, is serving an additional three months and remains in prison.

On Thursday, the three released students, Aung San Oo, Jit Tu and Nyan Lin Htet, said they had been barred from reenrolling at Yadanabon University.

The post Student Activist Arrested in Mandalay for Mid-Year Graffiti Protest appeared first on The Irrawaddy.

The Irrawaddy Business Roundup (Dec. 26, 2015)

Posted: 25 Dec 2015 07:15 PM PST

Qatari telecommunications firm Ooredoo has announced it will partner with the MySQUAR Burmese language messaging app. (Photo: Soe Zeya Tun / Reuters)

Qatari telecommunications firm Ooredoo has announced it will partner with the MySQUAR Burmese language messaging app. (Photo: Soe Zeya Tun / Reuters)

Mobile Money Transfer Service Awaiting New Central Bank Rules: Report

A new mobile money transfer service is set to launch as soon as Burma's Central Bank issues new regulations, according to a report this week on the website Deal Street Asia.

The service, Wave Money, is a joint venture between leader private telecommunications provider Telenor of Norway and Yoma Bank, one of the biggest financial institutions in the country and part of Burmese tycoon Serge Pun's business empire.

Expectations are high for the beginning of mobile money services in Burma, where until last year mobile phone SIMs were only affordable to a few people. In other countries where few people use formal banking services, mobile money transfer services have been hugely popular for paying for services and transferring money to family members or friends.

Wave Money's website is already live, boasting a service that will enable Telenor users—about 12 million people—to "transfer money anywhere anytime."

"You can transfer money safely through your mobile phone or from one of your trusted neighborhood Wave Shop agents," it says. "Wave Money offers you instant, safe and convenient way of sending and receiving money, bringing financial inclusion to all."

But the launch of the service will depend on Central Bank approval, according to Deal Street Asia. Bank deputy governor Set Aung has said new regulations on mobile money are coming "very soon," according to the website's report.

Deal Street Asia reported that the service has already undergone testing and is ready to be launched.

The report included quotes from Wave Money CEO Brad Jones, who said simple mobile money transfers would be the first service offered "but we do see the potential future services including the airtime top-ups, bill payments, international remittance, salary disbursements."

"By the end of March [2016], we plan to have about 6000 wave agents. That would include Yangon and upper Myanmar," Jones was quoted saying.

Ooredoo Agrees Joint Marketing with Messaging App Firm

London-listed company MySQUAR has entered into an agreement with Ooredoo that will see the Qatari mobile phone provider promote the firm's Burmese-language social messaging application, according to an announcement.

MySQUAR said in a statement on its website that under the "cross-promotion partnership" Ooredoo "will build MySQUAR's flagship product MyCHAT into its marketing strategy, using the app's local strength to promote its own services."

MySQUAR listed on the London Stock Exchange's Alternative Investment Market in July, raising about $2.6 million.

"MySQUAR anticipates greater recognition and faster increases in its user engagement and acquisition, particularly as part of the promotion is that those who are users of MyCHAT and subscribers of Ooredoo at the same time, will be able to use the MyCHAT app free of internet charges, and the MyCHAT app will be downloadable via Ooredoo's portal (zone.ooredoo.com.mm) without internet charges, allowing MyCHAT to engage with a large number users visiting Ooredoo's app store," the statement said.

Thai Firm Hints at Involvement in Industrial Estate for Dawei

Thai industrial estates owner Amata Corporation is looking at developing an industrial estate project inside Burma, according to comments made by a senior official at the group.

Bangkok-based English-language newspaper The Nation reported on Tuesday the comments, which indicate that the firm might get involved in the plans for an industrial development close to the town of Dawei in Tenasserim Division. The long-stalled plan to build a port and special economic zone has been given a boost recently by the involvement of the Japanese government as a source of funding.

Amata runs a major industrial zone at Chonburi, close to Bangkok, as well as an industrial park in nearby Rayong and another in Bien Hoa, Vietnam. The company was founded by Sino-Thai tycoon Vikrom Kromadit and is listed on the Stock Exchange of Thailand.

According to The Nation, the CEO of Amata's Vietnam division, Somhathai Panichewa, said the firm wanted to increase its presence in the Association of Southeast Asian Nations region beyond Thailand's borders.

"We are considering developing an industrial-estate project in a small town in Myanmar next to Kanchanaburi, west of Thailand," Somhathai reportedly said. Kanchanaburi province borders on Tenasserim division, where a road is under construction to link Dawei to the Thai border.

"She added that the details of its plan should materialize in April after the political situation in Myanmar is stable," the report said. "If it is feasible, the group will invest via another of its subsidiaries registered in Singapore."

Japanese Firm to Build $15 million Concrete Factory in Rangoon

Japanese industrial conglomerate IHI Corporation is set to build a $15 million concrete factory in Rangoon, according to a report from Nikkei Asian Review.

The company—which makes ships, aircraft and cars, as well as building infrastructure like bridges and power stations—will partner with the Burmese Ministry of Construction for the project, the report said.

"The planned factory is to supply foundation piles for a Japanese-led port development in the Thilawa Special Economic Zone near Yangon," Nikkei Asian Review reported. "Demand is anticipated in other settings as well, including for large buildings developed by the private sector."

The report said IHI will contribute 60 percent of the cost of the project, on which work could begin in January.

"A start to operations is eyed for September or October, said Kyaw Linn, the ministry’s permanent secretary," it said. "The midsize plant will be able to produce 77,000 tons of high-strength precast concrete annually."

Best Western Opens Hotel in Mandalay

US-based firm Best Western Hotels and Resorts has opened a hotel in Mandalay, its third location in Burma after entering the country in 2013.

The company has already opened two hotels in Rangoon, and says it plans to expand further in the country.

International hoteliers have been expanding operations since the country's political and economic reforms began, ushering in an era of higher tourist arrivals. Government officials have said that the country is on track to receive 5 million international visitors in 2015, although that includes business visitors and many day trippers who only visit Burma briefly in excursions across the Thai border.

A press release this month said the "modern midscale hotel" was located in central Mandalay, and includes a spa, swimming pool and a restaurant.

“Best Western was one of the first international hotel groups to enter Myanmar following its re-emergence on the international stage, and I am delighted to be able to leverage our first-mover advantage with yet another superb hotel in the country," Best Western's managing director of international operations for Asia, Olivier Berrivin, was quoted saying in the press release.

"With Myanmar’s recent elections having passed off peacefully and successfully, this charming and alluring country is set for another prolonged period of prosperity," Berrivin added.

The post The Irrawaddy Business Roundup (Dec. 26, 2015) appeared first on The Irrawaddy.