Thursday, February 11, 2016

The Irrawaddy Magazine

The Irrawaddy Magazine


Charges Filed Against Students Over Jan. 20 Protest March

Posted: 11 Feb 2016 05:13 AM PST

Police accompany student activists on a protest march to Mandalay University on Wednesday, the one-year anniversary of the start of a protest that ended violently several weeks later. (Photo: Zaw Zaw / The Irrawaddy)

Police accompany student activists on a protest march to Mandalay University on Jan. 20, the one-year anniversary of the start of a protest that ended violently several weeks later. (Photo: Zaw Zaw / The Irrawaddy)

MANDALAY — Mandalay Division police have opened a lawsuit against four student activists for allegedly leading a commemoration ceremony in January marking a student protest march against Burma's controversial National Education Law.

The four students— Kaung Zaw Hein, Shine Min Htet Zaw, Khaing Zin Thet and Nyan Lin Htet—are being charged under the Peaceful Assembly Act by police in Aungmyaythazan, Chanayethazan and Maha Aung Myay townships, according to the Mandalay divisional police office.

A police officer said that the four student activists have been requested to present at their respective police stations in order to proceed with the case, as it is bailable.

"They organized a protest without permission. If they don't show up, their arrest warrants will be issued at once, and the court will accept the case," said an officer.

On Jan. 20 over 30 students from Mandalay's Yadanapon University and students from the Mandalay Student Union joined together in a march to commemorate one year since the long march from Mandalay to Rangoon, an act of protest against Burma's National Education Law.

Their march terminated at Letpadan, Pegu Division, when police brutally cracked down on protesters. Over 50 student activists remain in jail for their role in the protest.

During the ceremony last month students urged the government for the immediate release of the activists detained at Thayawady Prison, as well as the release of all political prisoners across the country.

Arrest warrants for Kaung Zaw Hein and Shine Min Htet Zaw were issued at a court in Chanayethazan Township in 2014 for distributing leaflets and protesting at Zaygyo Bazar.

Nyan Lin Htet faced a prison term for a graffiti protest on the grounds of Yadanapon University and was released at the end of 2015 after serving the sentence.

The post Charges Filed Against Students Over Jan. 20 Protest March appeared first on The Irrawaddy.

‘A Change of Political Weather’: NLD Lawmakers Reflect on Personal Transformations

Posted: 11 Feb 2016 04:50 AM PST

NLD lawmakers at the Union Parliament assembly on February 9, 2016. (Photo: J Paing / The Irrawaddy)

NLD lawmakers at the Union Parliament assembly on February 9, 2016. (Photo: J Paing / The Irrawaddy)

RANGOON — Aung Win used to fight against the government, asking for better policies. Now, he is sitting in Burma's new Parliament hoping to create better policies.

The 70-year-old politician is a new Lower House lawmaker from Rangoon's Hmawbi Township, representing the National League for Democracy Party (NLD), which won in a landslide victory against the ruling Union Solidarity and Development Party (USDP) in November's election.

The NLD secured almost 80 percent of contested seats in the Union Parliament, which convened on February 8. Lawmakers with unprecedented backgrounds have entered the legislature, including 71 ex-political prisoners.

Aung Win now sits in Parliament wearing pinni suit, a symbol of Burmese independence during both the country's colonial days and during the NLD's nearly 30-year struggle against a military regime.

After surviving a tough era of military repression, he is learning to act within a different political scene, he told The Irrawaddy on Wednesday. Burma's new legislature, he said, represents a "change of political weather."

"I have to remind myself everyday now to leave all of my political bias. Whoever it is, whatever their political party is, we should only focus on working together for the genuine benefit of the country," he said.

His sentiments echo calls by NLD chairwoman Aung San Suu Kyi to prioritize national reconciliation.

Aung Win's ex-military background is not typical within the country's democratic movement. He attended the Defence Services Academy, graduating from the school's ninth batch, along with outgoing President Thein Sein and the chairperson of the Union Election Commission, Tin Aye.

People from Aung Win's town of Hmawbi still call him "Captain," because it was the last rank he attained during his military service; he has not been a captain for 27 years.

He describes his transformation from soldier to politician during the 1988 student uprising, where he became the leader of a protest group in Hmawbi Township where he was a civil servant recovering from severe injuries he endured on the front line in the army.

For his role in the demonstrations, Aung Win was imprisoned for one and a half years. After his release, he joined the NLD and continued his political activities as a party member.

"I believed our people were right. That's why I joined the protest against the government in 1988," he explained during an interview with The Irrawaddy in late October last year while campaigning for the election.

"We suffered a lot of suppression. We fought for this one single goal—the change," he told The Irrawaddy on Wednesday.

"Now, we are given a chance to implement what we promised during our campaign."

Another NLD lawmaker, Kyi Moe Naing, from Pegu Division's Yedashe Township, said that adapting to a new political environment remains an emotional challenge. People put so much hope in the newly elected representatives, he said, but is now realizing that not everything he had wanted to do can be implemented immediately.

"I used to be the one who raised questions to the government," he said. "But now, I ask questions of myself about what I can do for my people within this 5-year term."

He was imprisoned from 1991 to 2000 for his involvement in pro-democracy movements.

Aye Win, a lawmaker from Irrawaddy Division's Ingapu Township, has, like the ex-military MP Aung Win, been a member of the NLD since the party's formation. He told The Irrawaddy that he is also experiencing new challenges in his role.

"I used to be the one who did party work at the township level," he explained.

Even though Aye Win is now a political actor in the national arena, he said his original goal to work for the country remains unchanged.

"Our party has assigned me to 'bigger duties' to work for our people," he said.

The post 'A Change of Political Weather': NLD Lawmakers Reflect on Personal Transformations appeared first on The Irrawaddy.

Authorities Demand ‘Permission’ for Aung San Birthday Celebrations

Posted: 11 Feb 2016 04:41 AM PST

 Students from the Yangon Institute of Economics celebrate General Aung San's 101st birthday on Wednesday. (Photo: Yangon Institute of Economics Students' Union / Facebook)

Students from the Yangon Institute of Economics celebrate General Aung San's 101st birthday on Wednesday. (Photo: Yangon Institute of Economics Students' Union / Facebook)

RANGOON — Devoted National League for Democracy (NLD) members have hit a snag in preparations to mark the revered General Aung San's 101st birthday on Feb. 13, with the party faithful, as well as student union members, reporting that authorities are demanding they obtain official permission.

Khin Maung Myint, an executive committee member of the NLD in Mandalay Division's Kyaukse Township, said that party members want to hold celebrations on Friday and Saturday—including a public literature talk, a quiz competition for children and a fitness contest—but that the township administration has said they can only do so with official permission.

"We've now submitted a permit to host the event," Khin Maung Myint said, adding that party members were yet to receive any official word.

If permission is not granted, "we will proceed anyway," he said. "We will have a fundraiser and a free feast at the NLD office on Feb. 13."

This is the tack that was taken at the Yangon Institute of Economics. While members of the student union had not been cleared to hold an event on Feb. 10 honoring Aung San's birthday, some 100 students went ahead with their planned festivities, including singing songs, playing games and sharing birthday cake.

As access to a field was obstructed, students had to hold the event in a different space near the institute. The students said they were filmed and photographed by police.

In 2015, the NLD led "a whole year" of celebrations to commemorate the 100th birthday of Burma's martyred revolutionary.

The post Authorities Demand 'Permission' for Aung San Birthday Celebrations appeared first on The Irrawaddy.

Detained Student Activists Mark Early Valentine’s Day at Court Appearance

Posted: 11 Feb 2016 03:53 AM PST

Click to view slideshow.

RANGOON — Summoned to yet another court appearance on Thursday, detained student activists were determined to remain upbeat, marking an early Valentine's Day by wearing matching t-shirts and presenting each other with chocolates.

Appearing at Rangoon Division's Kamayut Township Court, Phyo Phyo Aung and her husband James, also known as Lin Htet Naing, posed for the cameras and exchanged gifts to mark the well-known day, which falls on Sunday. Another detained couple, Min Thwe Thit and Po Po, did the same.

Fifty-three students remain detained for their role in demonstrating against the National Education Law early last year. Their protests came to a brutal end when police violently cracked down on the demonstrators at Letpadan, Pegu Division, on March 10.

As their trials continue to drag on, courts from the commercial capital's Kamayut, Botahtaung, Tamwe, Hlaing and Mayangone townships recently tacked on charges against at least one of the students— the 28-year-old Phyo Phyo Aung.

A coalition of groups released a report last month in which they claimed some of the 53 detainees at Thayawady Prison faced illnesses that were potentially "life-threatening," calling for their immediate release.

Phyo Phyo Aung and James were arrested three months after their marriage in January 2015. They are being held in different prisons and only meet on hearing days.

Min Thwe Thit was arrested in March and his fiancé Po Po has been on bail since April.

On Thursday, Min Thwe Thit took to Facebook to express his feelings.

"This year is worse as we have no freedom," he wrote.

"We wore couples' shirts today. As long as we have understanding for each other and are faithful to our revolution, every moment we meet is Valentine's Day."

The post Detained Student Activists Mark Early Valentine's Day at Court Appearance appeared first on The Irrawaddy.

Civilians Displaced as Ta’ang, Shan Armed Groups Clash in Northern Shan State

Posted: 11 Feb 2016 01:06 AM PST

 Soldiers from the Shan State Army-South march in formation during a military parade celebrating the 69th Shan State National Day at Loi Tai Leng, the group's headquarters, on the Thai-Burma border, February 7, 2016. (Photo: Soe Zeya Tun / Reuters)

Soldiers from the Shan State Army-South march in formation during a military parade celebrating the 69th Shan State National Day at Loi Tai Leng, the group's headquarters, on the Thai-Burma border, February 7, 2016. (Photo: Soe Zeya Tun / Reuters)

RANGOON — More clashes have been reported between the Ta'ang National Liberation Army and the Shan State Army-South this week, with both armed groups trading blame over the cause of hostilities.

Fighting has been reported on successive days since Feb. 7 across three townships in northern Shan State—Namkham, Namhsan and Kyaukme.

According to local media reports, several hundred villagers from Tauk San in Kyaukme Township have fled their homes as clashes continue.

Col Sai Hla, a spokesperson for the Restoration Council of Shan State (RCSS), the political wing of the Shan State Army-South (SSA-S), claimed Ta'ang forces attacked their base in Namkham on Sunday.

"They came to attack our new base where we set up on a mountain. They could not take our mountain post as our armed forces fought back," Sai Hla told The Irrawaddy.

"They burned some houses at a village in Kyaukme Township. They even arrested some villagers, including monks who tried to help the villagers escape."

Tar Bong Kyaw, general secretary of the Ta'ang National Liberation Army (TNLA), denied the claims, while acknowledging that Ta'ang forces had arrested members of the RCSS.

The TNLA general secretary also repeated a claim, first leveled in November last year, that the SSA-S was cooperating with the Burma Army—an accusation the Shan armed group has repeatedly denied.

"The RCSS troops wait to fight us outside [Kyaukme] town in order to get help from the Burma Army," said Tar Bong Kyaw, claiming that the SSA-S was able to freely pass through checkpoints manned by government troops in the area. He further alleged that the Burma Army had provided Shan forces with ammunition.

Speaking to The Irrawaddy, Col Sai Hla refuted the allegations which have been hotly debated among Burmese social media users this week.

The RCSS was among eight armed groups that signed the so-called nationwide ceasefire agreement (NCA) with the government in mid-October. The TNLA by contrast was not recognized by the government and excluded from the negotiations.

At a recent event to mark Shan National Day in Loi Tai Leng, the remote mountain headquarters of the SSA-S, RCSS chairman Lt-Gen Yawd Serk spoke positively of the ceasefire pact.

"Signing the NCA is a way to unity, as it is signed between the government and the armed groups of both sides who think for the public," he told The Irrawaddy. "When the public cooperates, it will be successful."

According to two Ta'ang civil society organizations, over 550 villagers from Law Naw in Namkhan Township have been forced to flee their homes due to ongoing hostilities.

In a joint statement released on Wednesday, the Ta'ang Women's Organization and the Ta'ang Students and Youth Organization also alleged that the RCSS had been forcibly recruiting villagers in southern Shan State.

'We Need to Fight Back'

Representatives of the United Nationalities Federal Council (UNFC) met with Yawd Serk in northern Thailand's Chiang Mai in December in a bid to alleviate tensions in northern Shan State.

RCSS is not a member of the ethnic alliance, which includes the TNLA and whose membership is comprised of groups that opted against signing the NCA.

Nai Ron Tein, deputy communications officer for the UNFC, told The Irrawaddy this week that leaders of both sides may meet next week.

Both groups have accused the other of instigating the conflict which first broke out in November. TNLA leaders have viewed the clashes as playing to the time-honored divide-and-rule tactics of the former regime.

"The best solution would be if Yawd Serk's troops go back to their place [in southern Shan State]," said Tar Bong Kyaw. "For us, we need to fight back as they came to take control of our area and we have no other options."

The TNLA has in the past fought government troops alongside members of the Kachin Independence Army and the Arakan Army, further raising fears among some observers of the potential for this week's fighting to cement divisions between ethnic armed groups.

"We do not want to fight against our ethnic armed groups," said Sai Hla of the RCSS. "It is better to work out how we can stay as one community in Namkham."

The post Civilians Displaced as Ta'ang, Shan Armed Groups Clash in Northern Shan State appeared first on The Irrawaddy.

Rangoon Police Seize US$1 Million Worth of ‘Abandoned’ Drugs

Posted: 11 Feb 2016 12:57 AM PST

 Police inspect the dumping site in Mingaladon Township where the abandoned drugs were found. (Photo: Yangon Police / Facebook)

Police inspect the dumping site in Mingaladon Township where the abandoned drugs were found. (Photo: Yangon Police / Facebook)

RANGOON — Police have seized over 260,000 methamphetamine pills worth over 1.3 billion kyats (over US$1 million) in Rangoon's Mingaladon Township, officers confirmed this week.

Responding to a local tip in Pyinmabin village on February 5, police found the stimulants abandoned at a garbage dump near the Rangoon-Prome road. The tablets were wrapped in paper and packed in plastic and cement bags near the dumping site.

"We assume that those stimulant tablets were abandoned weeks ago. Some of the bags are torn and some tablets are wet. We are still probing into the case. Drug squads and local police stations are working together to find the owners of those drugs," said police officer Htay Win of Htauk Kyan Police Station.

Police have opened an investigation under the Illicit Drugs Act. It is not yet immediately clear if the latest discovery is linked with the chain of five previous drug hauls in Mingaladon and East and West Dagon townships last year. In these busts, police seized over 33 million pills worth around 170 billion kyats (US$138.5 million) in total.

On February 8, police also confiscated 4.5 million kyats (US$3,600) worth of stimulants from a house in South Dagon Township and a haul of the same narcotics worth 500 million kyats (over US$400,000) in Tamwe Township.

Translated by Thet Ko Ko.

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Burma’s First EITI Report Attracts Mixed Reviews

Posted: 11 Feb 2016 12:28 AM PST

Dump trucks loaded with soil at a Hpakant jade mine in Kachin State, November 26, 2015. (Photo: Soe Zeya Tun / Reuters)

Dump trucks loaded with soil at a Hpakant jade mine in Kachin State, November 26, 2015. (Photo: Soe Zeya Tun / Reuters)

Burma's first ever Extractive Industries Transparency Initiative (EITI) report was published last month, focusing on revenue flows from the country's oil, gas and mining sectors, completed as part of the government's effort to become a full-fledged member of the global protocol. Burma became a candidate country in July 2014, and the country's membership became a key plank of President Thein Sein's reform agenda.

The London-based NGO Global Witness, which last year released a highly publicized report on corruption in the multi-billion dollar jade industry, called Burma's first EITI report "an important foundation for more accountable management of Myanmar's oil, gas and mining industries that the incoming government, civil society and companies can build from."

In a detailed response to the report, however, Global Witness concluded that the assessment could have been more thorough in its coverage of the lucrative jade trade, which the watchdog group says the EITI report's authors seem to have treated as an "afterthought."

Global Witness noted that the report's author avoided citing already published government data on the jade trade that was released in a 2014 Harvard study authored by David Dapice with full cooperation from the Burmese government, or other data that Global Witness had obtained and published last year. "Most bizarrely, they do not even reference published government statistics on jade production," notes Global Witness.

Although the full disclosure of who owns which firms involved in a given extractive resource project is one of the main goals of the EITI process, the report left out much of this information in its coverage of the jade trade.

"The report offers very little on the question of who really owns companies and what the terms of companies contracts are—both are crucial to the public's ability to hold companies and officials to account and need to be prioritized in the next stage of the EITI process," said Global Witness, whose own report last year revealed that several high-profile former members of the previous ruling regime—including the families of Snr-Gen Than Shwe and former northern commander Ohn Myint—were behind shadowy firms with lucrative concessions in Kachin state's Hpakant.

Global Witness wasn't the only critic of Burma's EITI efforts. Wong Aung, director of Shwe Gas Movement (SGM)—an NGO created in response to concerns about the now completed China-backed twin oil and gas pipelines project—was part of the EITI's multi-stakeholder group at the beginning of the process.  A native of Arakan State, Wong Aung said the report did not do enough to cover issues relating to resources in ethnic areas.

"I totally agree with Global Witness, there needs to be a more serious look at jade and other resources coming from ethnic areas," said the veteran campaigner. "There are still a lot of political and institutional obstacles to making the report complete."

Wong Aung told The Irrawaddy that he was left somewhat disillusioned with the civil society engagement component of the EITI process, which he said glossed over the concerns of ethnic groups about resource governance and environmental policies.

"The problem is that a lot of marginalized people, including ethnic people, have been left out of the process," he said.

Wong Aung wants the incoming National League for Democracy (NLD) government to make an effort to address long-standing concerns of ethnic people about resource governance, lamenting that the issue does not appear to be a high priority for the NLD despite its national importance.

Firm Linked to Japanese Govt Fails to Comply

 The EITI report contained a great deal of data provided by international oil and gas firms about their payments and taxation levels to the Burmese government, which also provided data for what they received from these firms, something that the government had never done before.

The report noted however, that Nippon Oil Exploration (Myanmar), which owns a 19.32 percent stake in the Yetagun offshore project, did not cooperate with the process. Most of the other major international oil firms operating in country did comply. Data available on the website of firm JX Nippon Oil & Gas Exploration Corporation revealed that it owned a 40 percent stake in Nippon Oil Exploration (Myanmar). A 50 percent stake in Nippon Oil Exploration (Myanmar) is held by the Japanese government, while the remaining 10 percent is held by the Japanese conglomerate Mitsubishi, according to the company's website.

Despite the fact that Nippon Oil "failed to produce copies of their receipts" as requested for the EITI audit, the report's authors were able to include some information about the firm's activities because their partner on the Yetagun project—the Malaysian firm Petronas, which is the operator in the consortium of firms involved in Yetagun—shared its data. Information relating to the firm's Burmese operations, including the firm's local registration number and ownership structure, were not provided. Likewise, details about Nippon Oil's auditor were also missing.

The Japanese government has held a stake in the Yetagun project since it entered into a partnership with JX Nippon in the 1990's, before the project went online. In February 2009, the Japanese government, led at the time by the centrist Democratic Party of Japan (DPJ), formally announced its decision to become a "supporting country" of the EITI.

The post Burma's First EITI Report Attracts Mixed Reviews appeared first on The Irrawaddy.

Villagers in Mandalay’s Myingyan Township Protest to Keep Their Water Flowing

Posted: 10 Feb 2016 11:17 PM PST

 Villagers from Hsa Khar in Mandalay's Myingyan Township protest against the destruction of the Mya Nandar reservoir on Wednesday. (Photo: Ko Ye Htut Mgn / Facebook)

Villagers from Hsa Khar in Mandalay's Myingyan Township protest against the destruction of the Mya Nandar reservoir on Wednesday. (Photo: Ko Ye Htut Mgn / Facebook)

MANDALAY — Dozens of residents from Hsa Khar village in Mandalay Division's Myingyan Township protested on Wednesday against the destruction of the Mya Nandar reservoir, the only source of water for the village's residents.

Protesters said that the reservoir's waterways have been blocked due to an ongoing land expansion project by the Myingyan municipal department, and that the village could face a water shortage in the months leading up to the dry season.

"Because they've bulldozed most of the ground, the flow of water leading to Mya Nandar reservoir has been stemmed and the water level has significantly dropped," said Ye Myint, one of the Hsa Khar protesters.

According to locals, the land expansion project, supposedly for housing and farming, was started a month ago, near Myingyan Industrial Zone and Hsa Khar village.

"We've submitted several appeals to the department to clear the waterways, but we haven't received any response. So now we have to protest," said Ye Myint.

During the protest, villagers demanded a stop to the project and the creation of alternative pathways for water to reach the village.

"We don't want the project. We just want our water back," Ye Myint said.

The Irrawaddy attempted to contact the municipal department on Wednesday but was unable to reach anyone for comment.

"We've never faced a water shortage in the summer because we've always had the reservoir. This summer, however, we'll face one for sure," said Mya Ohn, another villager. "Our crops are already dying, and very soon, we could be confronted with a drought."

The post Villagers in Mandalay's Myingyan Township Protest to Keep Their Water Flowing appeared first on The Irrawaddy.

Analysis: New Lawmakers, Same Silencing of Burma’s LGBTQ Citizens?

Posted: 10 Feb 2016 10:23 PM PST

  Burma's National League for Democracy (NLD) leader Aung San Suu Kyi looks on during a news conference at her home in Rangoon, November 5, 2015.  (Photo: Jorge Silva / Reuters)

Burma's National League for Democracy (NLD) leader Aung San Suu Kyi looks on during a news conference at her home in Rangoon, November 5, 2015.  (Photo: Jorge Silva / Reuters)

CHIANG MAI, Thailand — Despite last week's sea change in the Union Parliament following the roaring victory of Aung San Suu Kyi's National League for Democracy (NLD) in Burma's historic November election, it is unclear if the dividing line that relegates the former pariah state's LGBTQ citizens to the fringes of cultural and political life will persist.

At least in part, the bones of this lie in the legacy of British colonialism that still stretches across large swaths of Asia. Section 377 of the former British penal code criminalizes "carnal intercourse against the order of nature," which has typically been interpreted to mean same-sex acts, particularly sodomy. Britain's penal code was exported to its colonies to entrench European mores among the local masses. This doubled as a form of control, and it remains intact in many former colonies today.

Present-day Burma still has section 377 on its books. People who engage in same-sex acts can be punished with up to 10 years in prison. Laws against homosexuality are rarely enforced, but sexual minorities and their advocates often face abuse from police, who are known to extort bribes by using the threat of prosecution.

In 2013, for instance, 12 gay men and transgender women in Mandalay were arrested and then forced to strip in public before they were taken to a police station and subjected to further humiliation. After the incident, Human Rights Watch reported that Myint Kyu, Mandalay Division's minister of border and security affairs, said, "The existence of gay men who assume that they are women is unacceptable, and therefore we are constantly taking action to have the gays detained at police stations, educate them and then hand them back to their parents," though this usually hinges on the ability to pay bond.

Queer men are confronted with obstacles including greater risk of contracting HIV in a society whose stigma against homosexuality obstructs safe-sex education and shames those who are HIV positive into silence. However, non-gender conforming and queer women are arguably more obscured in larger human rights efforts in Burma.

Lynette Chua, assistant professor of law at the National Singapore University, told The Irrawaddy that transgender women "are overwhelmingly targeted by police because they're seen as acting in a way that's gender transgressive." But social norms ignore abuses to this group by unspooling a narrative that its members invited violence. This is underpinned by broader discrimination against women and by a widely accepted belief in the majority-Buddhist country that being transgender is accumulated bad karma for past sins.

In the lead-up to November's general election, activists aimed their efforts at summoning political muscle as a key way to protect and empower Burma's LGBTQ citizens.

One of Burma's most prominent human rights voices, Aung Myo Min, said in an interview with The Irrawaddy that activists during this time had two main objectives: making sexual minorities visible, and prodding candidates to rethink social prejudices before the newly minted lawmakers took up their seats in Parliament.

"Much of the public still sees homosexuality as a negative element," he said, "and politicians are wary of promoting LGBTQ rights because they fear that doing so might make it seem as if they have a more vested motive for taking up these causes. Raising awareness among political players is one of the best means of galvanizing support for LGBTQ citizens."

This is likely because progress in conservative Burma must stem from simultaneous, equally powerful changes both to national culture as well as to national policy.

David Gilbert, a researcher at Australia National University focusing on how regulation shapes gender and sexuality in everyday Rangoon life, put it plainly to The Irrawaddy, saying that Burma "needs law reform," including the repeal of section 377 and vague anti-loitering laws, such as section 30(d) of the Rangoon Police Act, which has frequently been used to target male-bodied transgender women. In addition to a shift in public attitudes, "new laws are needed to provide protection from discrimination," he said.

Yet there is a healthy dose of skepticism to be had. While some politicians have called on the decriminalization of homosexuality in Burma, the country's tenuous political climate makes it dubious as to whether qualified words will translate into action anytime soon. Indeed, LGBTQ rights have yet to secure a crowning position on political agendas.

Burma has made headway over the past few years by bringing more attention to its admittedly grim LGBTQ situation. There is a burgeoning grassroots movement, and in January activists lauded the return of the &Proud LGBTQ film festival. Hopes are certainly high that this is the dawn of a new, liberal era in Burma. But looking ahead, advancing LGBTQ rights—giving greater prominence to lesbian and transgender rights, building the capacity of local leaders and even having openly LGBTQ candidates contest elections—will require Burma's political top brass to grapple with what activists describe as a problem of political vision.

"New lawmakers must see LGBTQ rights as human rights. It's important for sexual minorities to be treated as equal human beings," Aung Myo Min said. "What activists want is the universality of LGBTQ rights and the lives they protect."

The post Analysis: New Lawmakers, Same Silencing of Burma's LGBTQ Citizens? appeared first on The Irrawaddy.

‘Lisu People Want to be Free From The Threats Of Armed Groups’

Posted: 10 Feb 2016 10:10 PM PST

Lar Mar Lay, speaking to reporters at the opening of the Lower House on Feb. 1, 2016. (Credit: Thin Lei Win / Myanmar Now)

Lar Mar Lay, speaking to reporters at the opening of the Lower House on Feb. 1, 2016. (Credit: Thin Lei Win / Myanmar Now)

RANGOON — The Lisu National Development Party won five constituencies in the 2015 general elections, two seats in the Lower House, two seats in the Kachin State parliament and the post of Minister of Lisu Ethnic Affairs in Kachin State. Lar Mar Lay, a 36-year-old lawyer, won a Lower House seat in Tsawlaw Township, Kachin State, for the party.

The Lisu are an ethnic minority of several hundred thousand people living mostly in Kachin and Shan states; many adhere to the Christian faith. Due to its relatively small numbers, the group has struggled to defend its interests while being surrounded by bigger ethnic groups in the north of Myanmar and dealing with the previous Bamar-majority government.

The Lisu do not have an armed rebel group, though some of its people have joined the ethnic Wa, Kachin and Shan rebel groups.

Lar Mar Lay recently spoke to reporter Ei Cherry Aung about his party's role in the national and Kachin State parliaments, and the issues he wants to prioritise on behalf of the Lisu people.

You are representing the Lisu and won in Tsawlaw Township constituency. Are there many Lisu people in this area?

People believe I would address their woes in the parliament and so they voted for me. But our party['s Lisu support base] is smaller than any other [ethnic] parties in this area. It has a population of more than 6,000, among which there are 3,800 eligible voters, only 1,400 of them are Lisu people.

Which issues will you prioritise in parliament?

I will discuss Kachin State issues, such as IDPs [internally displaced persons], the peace process, and the poor education and healthcare services in my constituency, as well as the need for amendments to the Constitution.

What did the national and state governments do for the Lisu people in the last five years? And what type of help do Lisu people now expect from the new government?

President Thein Sein's government did not implement any project with special attention for the Lisu people. We expect better rule of law in Chipwi, Tsawlaw Township, Khaunglanphu, Putao, Myitkyina, Waingmaw and Tanai townships. Two militia groups, government forces and the KIA [Kachin Independence Army] forces have their military camps in Tsawlaw Township. We want to be free from the threats of these armed groups, and be able to enjoy democratic practices.

People are living in poor conditions there. For example, there is no paved road in this area. The living standards are much lower than in Yangon, Mandalay and Naypyitaw. Many grade 4 schoolchildren cannot speak the Myanmar language well. Local people are not accustomed to using a toilet. The area has no landline phones.

Many Lisu people in Shan state and Mandalay region have also not received citizenship cards. This is a loss of citizenship rights. The incoming government is requested to solve these problems.

Are there any Lisu soldiers in the Kachin and Shan rebel forces?

There might be some Lisu soldiers in these forces because some of them might have been forcibly recruited.

What is your initial view of the peace process approach of the NLD government?

Most ethnic armed groups have more confidence in the NLD than the outgoing government when it comes to the peace process. But we will have to wait and see whether the military will collaborate with the new administration on the peace issue.

If the new peace process does not live up to expectations of ethnic armed groups, the civil war will continue. But collaboration between the government and the army could reduce these armed clashes.

What is the current situation of the Kachin IDPs?

IDPs in the government-controlled areas are being supported by NGOs. Those outside these areas are trying to survive by themselves as NGOs fear working there due to the lack of government security measures. It means that neither the government nor civil society organizations can fully provide humanitarian aid to these IDPs. Only a ceasefire deal could help them return home.

What sort of difficulties will the next government face in the peace process?

All the armed groups, including army forces, [pro-government] militias and border guard forces, need to support the government's efforts on this issue. Each armed group must be counterbalanced through activities to strengthen the rule of law. Law enforcement officers need independent authority to ensure rule of law [in conflict areas].

Which constitutional amendments would you like to see?

The state and region's chief ministers should be elected by the [state and region] parliament. I oppose the fact the president can directly appoint the chief ministers—this article should be amended.

What are the main challenges for the incoming government?

National reconciliation should be their first priority, and then lasting peace. Armed groups should not have unreasonable demands. For example, Kayin leaders should consider the interest of all ethnic people in Kayin State.

Do you think ethnic affairs can be discussed effectively with few ethnic party representatives in parliament?

Aung San Suu Kyi has promised that her government will take an approach of national reconciliation, but we will have to wait and see what happens in the parliament.

What are the major obstacles to creating a federal union in Myanmar?

The major problem with this issue is racial discrimination. National leaders should remove any mindset that focuses only on the interest of their own race. Such attitudes will never lead to the establishment of a genuine federal union. A federal army [integrating ethnic rebels with the army] will be the first step for the federal union; such a federal army must involve young talented persons of all races.

This story originally appeared on Myanmar Now.

The post 'Lisu People Want to be Free From The Threats Of Armed Groups' appeared first on The Irrawaddy.

India Drafts New Anti-Trafficking Bill, Raises Penalty for Offenders

Posted: 10 Feb 2016 09:39 PM PST

 A 16-year-old girl sits inside a protection home on the outskirts of New Delhi, November 9, 2012.  (Photo: Reuters)

A 16-year-old girl sits inside a protection home on the outskirts of New Delhi, November 9, 2012.  (Photo: Reuters)

CHENNAI, India — A new bill being drafted in India aims to curb the steep rise in human trafficking by unifying several existing laws, raising the penalties for offenders and providing for victims' rehabilitation, government officials said on Wednesday.

The bill calls for the creation of an organized crime investigation agency, a special court to deal with trafficking cases and severe penalties for repeat offenders and the trafficking of minors, they said.

"Human trafficking in India has taken on many forms, with people being trafficked for forced labor, domestic work and even begging," a senior Women and Child Development Ministry official working on the draft bill told the Thomson Reuters Foundation.

"All these cases are dealt with by various agencies and under numerous different laws," she said.

"The Supreme Court of India felt that all cases, national or international, should come under the purview of one single law. The new legislation will have a more holistic approach and plug the lacunae in the implementation of anti-trafficking drives."

As well as creating an all-embracing law against trafficking, the bill will propose increasing the penalty for offenders to up to 15 years' jail from the present four to five years, and will provide protection for both victims and witnesses, the official said.

In addition, a separate court will be established to handle serious crimes committed across more than one Indian state, she said.

At present, human trafficking cases are dealt with largely under the Immoral Traffic (Prevention) Act, though some also come under the Protection of Children from Sexual Offences Act, or sections of the Indian Penal Code and Code of Criminal Procedure, labor laws and overseas affairs, the official said.

"This is a big step forward," Dr. P M Nair, a member of the expert committee set up to draft the bill, told the Thomson Reuters Foundation in a telephone interview.

"Since 2000, many of us working to prevent human trafficking have been pushing for comprehensive legislation. The highlight of the draft bill is that it gives victims a legal right to rehabilitation, making the state more accountable in doing so."

According to National Crime Record Bureau data, 5,466 cases of trafficking were reported in 2014, an increase of 60 percent since 2010.

"The new legislation hopes to fix these numbers," Nair said. "At present investigators, judicial officers and public prosecutors lack training in handling these sensitive cases. Under the new legislation, there will be an emphasis on ensuring better justice for victims."

An inter-ministerial committee will examine the draft bill when it is completed and send it to parliament, which is expected to pass it into law later this year, officials said.

The post India Drafts New Anti-Trafficking Bill, Raises Penalty for Offenders appeared first on The Irrawaddy.

Rapidly Aging Thailand Tells Businesses to Hire More Elderly

Posted: 10 Feb 2016 09:33 PM PST

Plang Pansaior, a 66-year-old bus driver, waits for passengers while working in downtown Bangkok, Thailand, February 3, 2016.  (Photo: Jorge Silva / Reuters)

Plang Pansaior, a 66-year-old bus driver, waits for passengers while working in downtown Bangkok, Thailand, February 3, 2016.  (Photo: Jorge Silva / Reuters)

BANGKOK — Pornsak Bowornsrisuk pulls an umbrella toward him to shield his head of thick grey hair from the blazing sunshine at the Bangkok bus terminal he manages.

"You've got to be damned tough to do this job," says the 63-year-old, who records bus arrivals and departures, and tots up fares collected from journeys across Thailand's capital.

Septuagenarian bus conductor Pranom Chartyothin moves nimbly to a door to guide students off the vehicle. She waves at the driver, 66-year-old Plang Pansaior, who glances in his rear view mirror before pulling away.

Such scenes will only become more common in Thailand as its population rapidly ages, unlike its neighbors with more youthful populations. The World Bank estimates the working-age population will shrink by 11 percent by 2040, the fastest contraction among Southeast Asia's developing countries.

Thailand's stage of economic development, the rising cost of living and education, and a population waiting longer to get married are among the reasons it is aging more quickly than its neighbors. An effective contraception program in the 1970s also played a part, said Sutayut Osornprasop, a human development specialist at the World Bank in Thailand.

Thailand's fertility rate dropped to 1.5 in 2013 from 5.6 in 1970, according to United Nations data.

The government is urging businesses to hire more older people to soften the impact of the aging workforce on productivity, as well as limit the rise in the cost of its modest pension scheme.

Thailand will have to boost productivity to foot the bill for supporting the elderly, Bank of Thailand Governor Veerathai Santiprabhob told Reuters in an interview in January.

"Everyone has to be able to earn more to be able to shoulder the cost of our aging society," he said.

The state paid 61.37 billion baht (US$1.73 billion) in 2015 in pensions and the cost is expected to rise by 16 percent to 71.23 billion baht in 2020

Older Workers Keep Their Cool

The government established a Department of Older Persons in March 2015 to tackle elderly employment and related issues.

The Bangkok Transport Co., which employs Pornsak, Pranom and Plang, is embracing the change. Around 13 percent of its workforce is over 60. The firm likes older staff as they can keep their cool in Bangkok's bumper-to-bumper traffic, said the director Phatharawadee Klomjaroon.

"Bangkok's streets are jammed," she said. "Young employees sometimes still cannot control their temper, but the older employees are focused and more mindful. They can keep a calm demeanor when it comes to driving."

With monthly pensions of 600-1,000 baht a month ($17-$28), many Thais have no choice but to keep working.

"It is tiring but we just have to keep going. There isn't anyone to take care of me," said Pranom, who used to work as a cleaner and became a bus conductor after her husband died.

Nearly 40 percent of the 10 million Thais who are above the mandatory retirement age of 60 are still in the workforce, said Anusan Thienthong, head of the Department of Older Persons.

The government is considering extending the retirement age for some occupations, he said.

Just outside the Thai capital, the Cho Heng Rice Vermicelli Factory Co. says more and more older people are seeking jobs.

"We're getting more calls asking if we accept old applicants," said factory owner Varatus Vongsurakrai, adding that 62 of his 1,600 workers are over retirement age. He said he valued older workers for their reliability and experience.

One of those is Darunee Kamwong, 72, a cleaner who has five children and helps pay for the education of two of her grandchildren.

"I think I'll work another five years," she said. "I'm old already but I can't rest just yet."

The post Rapidly Aging Thailand Tells Businesses to Hire More Elderly appeared first on The Irrawaddy.

China Reports First Case of Imported Zika Virus

Posted: 10 Feb 2016 09:25 PM PST

 A scientist displays Aedes aegypti mosquitoes inside the International Atomic Energy Agency's (IAEA) insect pest control laboratory in Seibersdorf, Austria, February 10, 2016.  (Photo: Leonhard Foeger / Reuters)

A scientist displays Aedes aegypti mosquitoes inside the International Atomic Energy Agency's (IAEA) insect pest control laboratory in Seibersdorf, Austria, February 10, 2016.  (Photo: Leonhard Foeger / Reuters)

BEIJING — China's first case of the Zika virus has been found in a 34-year-old man who recently traveled to Venezuela and is now making a speedy recovery, the government said Wednesday.

The man from the southern city of Ganzhou had been treated in Venezuela on Jan. 28 before returning home on Feb. 5 via Hong Kong and the southern Chinese city of Shenzhen, the National Health and Family Planning Commission said in a statement.

The commission said he had been confirmed as having the Zika virus on Tuesday and was being treated at the Ganxian People's Hospital. His temperature is now normal and a skin rash is receding, it said.

The commission said the chances of the virus spreading in China were "extremely low" due to cold winter temperatures and a lack of mosquito activity, the primary avenue by which Zika is transmitted.

The Zika virus is spreading rapidly through Latin America. Most people who contract it have either mild or no symptoms, but it is suspected of causing a birth defect in which babies are born with abnormally small heads.

Bernhard Schwartlander, the World Health Organization representative in Beijing, said imported cases of Zika in China are to be expected given the frequency of travel between the country and South America.

"Chinese health authorities are well prepared to respond to this and any further imported cases," Schwartlander said in a statement issued by his office. "The current risk of a widespread outbreak of Zika virus in China is low."

The post China Reports First Case of Imported Zika Virus appeared first on The Irrawaddy.

National News

National News


Court rejects bail for Gambira

Posted: 10 Feb 2016 02:30 PM PST

Protesting his innocence, a former leader of the Saffron Revolution was denied bail at a hearing at Maha Aung Myay Township Court, Mandalay Region, yesterday. U Nyi Nyi Lwin, who was known during his time as a monk as U Gambira, faces three years in prison for immigration-related offences.

Hundreds flee ethnic conflict in Shan State

Posted: 10 Feb 2016 02:30 PM PST

Renewed fighting in northern Shan State has led to an exodus of more than 500 villagers fearing the advance of an ethnic Shan armed group believed to be forcibly recruiting civilians, a Ta'ang youth organisation said yesterday.

Police arrest seller of male sex drugs

Posted: 10 Feb 2016 02:30 PM PST

Police are on the lookout for peddlers of knock-off sexual performance enhancing drugs. In order to create a safer Valentine's Day, Yangon officers say they are cracking down on illicit, unregistered and fake sex drugs.

Flood victims to get extra rice

Posted: 10 Feb 2016 02:30 PM PST

The United Nations World Food Programme will support flood-affected people in Chin State with 500 tonnes of rice, as they continue to struggle after landslides and flood waters ravaged swathes of land in the country's poorest state last year.

Deputy speaker set to lead budgeting committee

Posted: 10 Feb 2016 02:30 PM PST

Proposed members of a key parliamentary committee were put forward by Pyidaungsu Hluttaw Speaker Mahn Win Khine Than yesterday, as MPs approved the list of nominees for the Joint Bill Committee.

Polio campaign to target almost 5m children

Posted: 10 Feb 2016 02:30 PM PST

Striking what they hope will be a death blow against polio, health officials are preparing for a nationwide assault. The Supplementary Polio Immunisation Campaign will take place from February 20 to 22, National Immunisation Day (NID).

Malaysia visa fee increase waived for thousands of workers

Posted: 10 Feb 2016 02:30 PM PST

More than 2400 workers left in the lurch while Malaysia and Myanmar dispute a visa fee will have their applications processed under the previous – much cheaper – payment schedule, according to the Ministry of Labour.

Constitution debate divides Ma Ba Tha

Posted: 10 Feb 2016 02:30 PM PST

Fierce political debate over whether the constitution should be changed to allow Daw Aung San Suu Kyi to assume the presidency has led to rifts within the nationalist Buddhist lobby led by Ma Ba Tha.

Rakhine MP set to appeal conviction

Posted: 10 Feb 2016 02:30 PM PST

Mrauk-U District Court will next week hear an appeal against a six-month prison term handed down to an Arakan National Party politician who won a seat in last year's election.

The parliament Speaker’s better half

Posted: 10 Feb 2016 02:30 PM PST

Daw Cho Cho has endured the struggles of a political activist, but says the perks that come with her husband's new role "mean nothing".

Wednesday, February 10, 2016

The Irrawaddy Magazine

The Irrawaddy Magazine


Analysts Predict FDI Slump During Year of Transition

Posted: 10 Feb 2016 05:29 AM PST

  Workers are transported via truck to the site of the Thilawa Special Economic Zone (SEZ) project at Thilawa, May 8, 2015. (Photo: Soe Zeya Tun / Reuters)

Workers are transported via truck to the site of the Thilawa Special Economic Zone (SEZ) project at Thilawa, May 8, 2015. (Photo: Soe Zeya Tun / Reuters)

RANGOON — Burma's foreign direct investment (FDI) flow is expected to be sluggish this year as the country undergoes a period of political transition, experts say.

Many of Burma's main investors are focusing their attention on other countries in the region, particularly Singapore, according to Aung Naing Oo, secretary of the Myanmar Investment Commission (MIC).

"Many investors have settled in Singapore because they already have branches set up there. That's why even if they're from the US or EU, they only reach Burma through Singapore," Aung Naing Oo said.

However, perhaps a larger problem is the protracted transition of power in the country following last year's general election which saw the National League for Democracy claim an overwhelming majority.

According to Aye Lwin, joint secretary of the Union of Myanmar Federation of Chambers of Commerce and Industry, despite Burma heading down a more democratic path, investors are still taking a wait-and-see approach.

"If political leaders don't follow the rule of law here, investors won't come. That's why they [investors] are waiting to see what they will do," Aye Lwin said.

He added that the new government should work to bring more clarity to rules and regulations for investors and that local manufacturers, for their part, ought to look ahead to developing strategies to cooperate with foreign investors.

"Still," Aye Lwin said, "these FDI figures are only estimated commitments. They're not actual money coming into the country at the moment. So, we also have to wait and see."

Currently, the top foreign investment sectors in Burma are power (33 percent), manufacturing (22 percent), oil and gas (20 percent), telecommunications (11 percent), and hotels and tourism (5 percent), according to MIC data.

Last fiscal year, FDI reached a record $8 billion, double the country's 2013-14 total.

Singapore was the leading foreign investor, inputting nearly US$3 billion from April 1 to December 31, 2015. China was second with $670 million for the same period, according to official figures.

The post Analysts Predict FDI Slump During Year of Transition appeared first on The Irrawaddy.

Mon State Elects Parliament’s First Female Speaker

Posted: 10 Feb 2016 04:46 AM PST

Tin Ei, an NLD MP from Thanbyuzayat Township and speaker of the Mon State parliament. (Photo: Daw Tin Ei / Facebook)

Tin Ei, an NLD MP from Thanbyuzayat Township and speaker of the Mon State parliament. (Photo: Daw Tin Ei / Facebook)

RANGOON — Tin Ei, an MP from Thanbyuzayat constituency in Mon State, has become the first female speaker of one of Burma's regional parliaments.

Burma's 14 state and division legislatures elected speakers and deputy speakers on Monday, with lawmakers from the National League for Democracy (NLD) assuming the posts in all but two parliaments—Arakan and Shan states.

Tin Ei, a vibrant 70-year-old, said she learned on Sunday that she would be nominated as the speaker of the Mon State parliament. The selection of the position was finalized on February 8, the first day of meetings for state and division parliaments.

While Tin Ei was not aware that she would be the only woman across the country heading a regional legislature at the time of her interview with The Irrawaddy, she expressed pride in being able to represent the women of Mon State.

"I will have to try hard to be equal," she said, acknowledging the extra responsibility attached to the role. "I will also be able to do more on women's affairs."

An NLD veteran since 1988, Tin Ei's first parliamentary campaign was contesting the 1990 election, but she lost to a candidate from the Mon National Democratic Front.

Now a lawyer with 35 years experience practicing law in Mon State, Tin Ei hopes to bring about legal sector reform through the regional parliament. She is currently reviewing the laws enacted by the state's previous legislature and assessing why others did not pass.

This term, she hopes to put forward legal measures that will encourage "peace of mind and less worry for the public."

"Law is not for the ruler—the laws must be able to make the public comfortable and protect their bodies and their lives," she said.

Min Min Oo, representing the NLD for Belin constituency, will serve as deputy speaker of the Mon State Parliament which will feature six female lawmakers, all from the NLD.

Nyan Hein, a lower house MP also from Thanbyuzayat Township, has known Tin Ei for over 50 years, and served with her on the executive committee of the NLD in their hometown after the 1988 student uprising.

"Tin Ei is the kind of person who has persistently worked for democracy," he said.

Tin Ei sees the new government as an opportunity to challenge old political beliefs and practices at all levels. "Changes need to be made in the system, the administrators and in the public mindset. We have to change our mindset, and live in accordance with a democratic system," she explained.

A native of Thanbyuzayat, Tin Ei moved to the Mon State capital of Moulmein on Tuesday to fully devote herself to parliamentary work for the next five years. As a mother of six grown children, she said her political aspirations had always garnered the support of her family, including her late husband.

"I want to work effectively for the public, and I think I will be more effective through parliament," she said, adding that she hopes to "bring dignity" to her tenure in the Mon State legislature.

Nyan Hein agreed. "She can do this more effectively than someone who does not know about this kind of work," he said.

The post Mon State Elects Parliament's First Female Speaker appeared first on The Irrawaddy.

Successful Bidder for Rangoon Traffic Project Still Unknown

Posted: 10 Feb 2016 04:33 AM PST

 VANGUARD company's directors (from left) Thein Naing, Sai Win and Htun Zaw Win at a press conference in Rangoon on Tuesday. (Photo: Moe Myint / The Irrawaddy)

VANGUARD company's directors (from left) Thein Naing, Sai Win and Htun Zaw Win at a press conference in Rangoon on Tuesday. (Photo: Moe Myint / The Irrawaddy)

RANGOON — While an evaluation committee has finished its selection process, it has yet to announce the successful tender to lead a traffic control project in Rangoon, said Thein Aung, director of engineering company VANGUARD, at a press conference on Tuesday.

The government put out a call for bidders to lead a traffic control project on July 24, 2015. Aimed at reducing traffic congestion in Rangoon, the project is slated to involve acquiring real-time traffic information, a red light violation detection mechanism, and the installation of CCTV cameras as well as a video analysis system at every traffic point.

The government estimates that the project will cost up to 20 billion kyats (over US$16 million).

On December 23, 2015, Rangoon Division Chief Minister Myint Swe announced the names of the four finalists to committee members. Yet two months later, Tuesday's press conference offered no new insight into who has actually been selected for tender.

"If they make their decision based on the quality of the projects proposed, they should be transparent so that unsuccessful bidders can know their weak points and learn for next time. As of right now, we don't know why we might have lost," said Thein Aung of VANGUARD, one of the firms vying for the project.

A local newspaper reported on January 3 that China Railway Construction Company (CRCC) and Myanmar Shwe Yin Company had been selected as tender co-winners, citing Rangoon Division Forest and Energy Minister Kyaw Soe as a source.

But Aung Naing Oo, director of Kyaw Thein Khaing Company, which did not reach the final stage of the competition, took umbrage at the claim, saying that CRCC and Myanmar Shwe Yin were initially two separate companies that supposedly merged into one. This, he said, would disqualify them from participating in the competition, the rules for which stipulate that each entrant is allowed to apply for tender only as a single company.

"We want to know how they scored the bidders," said Aung Naing Oo.

VANGUARD has said that it has penned several objection letters to Rangoon's municipal engineering department, asking for a return of the tender security deposit—valued at 500 million kyats—but was told by the department that it does not know the selection results.

The Irrawaddy was unable to reach the two vice chairmen of the tender selection committee for comment at time of publication. Than Win, a visiting deputy professor at Rangoon Technology College as well as a member of the committee, confirmed that he was also unaware of the successful bidder.

VANGUARD estimated that a new traffic control building could solve between 30 and 40 percent of Rangoon's traffic congestion. The chosen developer will have six months to complete the project, which is to be located in People's Park in Dagon Township.

The post Successful Bidder for Rangoon Traffic Project Still Unknown appeared first on The Irrawaddy.

Scot Marciel: ‘There’s a Lot at Stake, Certainly’

Posted: 10 Feb 2016 02:57 AM PST

US Principal Deputy Assistant Secretary Scot Marciel smiles during a meeting with Ouch Borith, secretary of state at the Foreign Affairs Ministry, in Phnom Penh, November 4, 2013. (Photo: Samrang Pring / The Irrawaddy)

US Principal Deputy Assistant Secretary Scot Marciel smiles during a meeting with Ouch Borith, secretary of state at the Foreign Affairs Ministry, in Phnom Penh, November 4, 2013. (Photo: Samrang Pring / The Irrawaddy)

With the news that the United States Senate on Tuesday voted to unanimously endorse Scot Marciel, presently serving as Principal Deputy Assistant Secretary of East Asian and Pacific Affairs, to be ambassador to Burma, The Irrawaddy revisits an interview with Marciel from February last year during his visit to the country.

 The United States ended a decades-long era of isolation toward Burma when it restored full diplomatic relations about three years ago. Since that time, an ambassador was appointed for the first time since 1990, long-standing economic sanctions were eased and legislation has been amended to allow for more humanitarian aid and limited military engagement.

 A central figure in implementing those policies, Scot Marciel serves as the Principal Deputy Assistant Secretary of East Asian and Pacific Affairs in Washington, DC, a position he began in 2013 after three years as the US Ambassador to Indonesia. During a recent visit to Burma, Marciel spoke with The Irrawaddy about the state of relations between the White House and Naypyidaw, and the future of US-Burma policy.

Please tell us a bit about your trip, what you did and where you went.

I'm responsible for Southeast Asia at the State Department. So I travel a lot to the region, regularly, all of the countries in Southeast Asia, just to see what's going on, because I work on the policy back at home.

We were up in Naypyidaw on Wednesday, mostly meeting government officials and parliamentarians. Then we went out to Shan State. For me it's useful—you know, usually it's just Yangon [Rangoon] and Naypyidaw—it's useful just to get out. It's like going to Washington and thinking that you know the United States. So it's useful to get out and see a place. And the ambassador wanted to get out and look at a couple of projects, USAID [United States Agency for International Development]projects. We were in Taunggyi, and [some areas] outside of Taunggyi.

You served as the US ambassador to Indonesia from 2010 to 2013. How has that informed your long-term vision for Burma?

Well, first, they're obviously very different places. There are a few parallels that we're thinking about, for example, the democratic transformation, the movement of the military out of politics, dealing with separatism. I wouldn't read too much into it. I wouldn't say, therefore, do exactly what Indonesia did. You can see some things that worked and some things that didn't.

Some Burma policy analysts have been critical of the United States' early lifting of sanctions. Has the removal of sanctions been successful?

The way we look at it from the administration point of view is that we know what this place was like from 1962 on, for 60 years. When there was an opening, an opportunity for this country to move in a better direction, we thought it was important to do all that we could to encourage that. That's been our policy from day one. In a response to positive developments here—significant positive developments here—we waived a number of the sanctions, which I think was absolutely the right thing to do.

In light of Burma's stalled peace process, recent allegations against the Burma Army and a series of attacks on ethnic minority rebels, particularly in Kachin State, how does the United States counter the argument that military-to-military engagement is premature and perhaps even dangerous?

Well, I would say two things: First, the peace process is obviously critically important to the success of this country and something that we very much support. So we've continually urged the government and all the players to, even when you have incidents, to look into those incidents and investigate them, and try to prevent them from happening. But also to keep the talks going.

On the mil-to-mil side, the truth is there's very little happening in the US military relationship with Myanmar [Burma]. There seems to be some perception that there's a lot, but there's a very minimal amount happening, and whatever is happening is designed to try to encourage reform within the military, to help the Burmese military become more appropriate for a democratic country.

I know it's very early in the engagement, but is there any sign of progress on that front?

I don't know, to be perfectly honest. I think the way I would put it is that it's going to be driven mostly by what happens internally. We think that a certain amount of engagement, the right type of engagement—like courses on civilian control of the military and international rules on human rights—can play a helpful role as part of a larger process of encouraging reform within the military. I wouldn't exaggerate it, I wouldn't say that a few courses suddenly brings about a dramatic transformation; it's meant to contribute. But the main point is that it's a very small amount that's going on, it's not a significant mil-to-mil relationship.

There was an incident in northern Shan State a few weeks ago [in reference to the deaths and possible rape of two young women in an area reportedly occupied by the Burma Army, into which a government-led investigation is still ongoing]. A military-owned newspaper said the Army was not involved and that anybody who claimed otherwise [following the investigation] could face legal action. Could you comment on that?

Sure. First of all, whether here or elsewhere, impunity is not a good thing and accountability is essential. That's a message we push in the region in general, and certainly here. In terms of this particular horrific attack, we have called [for] and stressed the importance of a credible, transparent investigation that results in justice. We have done that as recently as Wednesday with the government in Naypyidaw. It's important, and it's important not because America is asking for it, but because it's the right thing to do. But also, it's essential for beginning to build some trust. It's part of the peace process, it's part of the effort of moving forward. You've got to have trust, and to do that you've got to have some sense of accountability and justice.

When you have these discussions with the government about credible investigations, how are they responding?

I don't want to speak on behalf of the government, but I think the people we spoke with certainly indicated that they recognize that. I won't make any predictions about what will happen, but they certainly listened and took the point.

Moving back to the region more generally, in light of Thailand's continuation of martial law, what role do you expect Burma to play as an American partner in Southeast Asia over the coming years?

Whatever happens in Thailand—and we hope, certainly, that Thailand moves back to democracy as quickly as possible—but either way our hope is that we can build a good, solid partnership with this country. Working together on health and economics and regional issues, you name it.

That said, what is at stake in the upcoming elections? What happens if they aren't held in 2015, for instance?

There's a lot at stake, certainly, for the country. This process of reform over the last few years has created a tremendous opportunity, but there's no question that there's a huge amount of work still to do. The elections won't finish that work, but I think credible elections, credible to the people of the country, are essential to begin building more trust and to give people throughout the country a sense that their voice counts, and gives them some faith in the process moving forward. So these elections are absolutely critical. There is no question that successful, credible elections, we would welcome, and would certainly make it easier for us to continue to build a relationship.

President Obama stressed the importance of timely elections, which seems to have become more of a priority than constitutional reform. Where does this fall in the list of priorities at this time?

First, I think we try to look at what the people of this country are asking for. [You could] argue that, as you build a democracy, it's important to have a constitution that's appropriate for a democracy. The president spoke to that. At this point elections look like they're going to happen in November, maybe late October, so it's critical to make those as successful as possible. So we're not choosing between the two. I think what we see is elections with a pretty clear schedule, and it's very important that those happen. Constitutional reform is on a different track. I don't know when amendments may or may not be passed, before or after elections.

How is the US prepared to adjust its Burma policy in the event that the government doesn't fulfill those promises of timely and fair elections, or if the military asserts more dominance over the government?

It's really hard to answer that because there are a million different scenarios. As Burma moves forward, has successful elections, continues reform, moves on the peace process, all those sorts of things, that absolutely makes it easier for us to build on our relationship. To the extent that those things don't happen, it makes it harder. Again, it's hard to know because there are so many scenarios that could happen. I wouldn't want to make a specific prediction.

Just one last question for you, Mr. Marciel. How would you characterize the policy views of Congress and the White House; do they share the same vision and benchmarks of success, or are they at odds?

The points I'm making are the administration's position, and certainly reflect the White House's views. Congress consists of a lot of different people, so there's not a uniform view. I spent a lot of time talking to, particularly, staff in Congress, and I hear a lot of those views, as I know the ambassador does. So what I would say is that there's a huge amount of interest in Congress, a lot of people hoping that things will head in a positive way. I think generally there has been support for our policy since the reforms began. There's a lot of difference on the tactics, and how to respond to specific incidents, certainly, some differing views about how things are going, but I think a lot of interest overall in the success of the country.

The post Scot Marciel: 'There's a Lot at Stake, Certainly' appeared first on The Irrawaddy.

Court Rules Out Bail for Detained Former Monk U Gambira

Posted: 10 Feb 2016 02:50 AM PST

Detained former monk Gambira at Mandalay's Maha Aung Myay Township Court on Wednesday. (Photo: Zaw Zaw / The Irrawaddy)

Detained former monk Gambira at Mandalay's Maha Aung Myay Township Court on Wednesday. (Photo: Zaw Zaw / The Irrawaddy)

MANDALAY ——A court in Mandalay's Maha Aung Myay Township denied bail on Wednesday to detained former monk U Gambira, a prominent figure in Burma's 2007 Saffron Revolution.

Gambira, also known as Nyi Nyi Lwin, was arrested on Jan. 19 in a Mandalay hotel and is facing charges of violating immigration laws.

He is being held in Mandalay's Obo Prison. Known to suffer from mental health issues, Gambira's family and lawyers had asked that he be released to receive necessary medical treatment.

"Since we have information that Nyi Nyi Lwin is receiving the required medicine and medical care regularly inside the prison, and there's no remark from prison doctors regarding immediate medical care, I have to refuse bail according to the law," said the presiding judge, Than Win, in court on Wednesday.

Despite the court's rejection, Gambira's legal team said they would make another submission for bail at the next court hearing, scheduled for February 16.

"I'm sad that the court denied bail and has mistakenly sued me and detained me. I will try again for bail," Gambira said after Wednesday's hearing, during which the court heard testimony from immigration officer Thaung Dan.

"We found that Nyi Nyi Lwin went to Thailand over the border illegally since October 2013," said Thaung Dan.

However, when questioned by the defense, the officer said he was unaware that the accused held a non-Thai identification card issued to migrant workers in Thailand.

The defense team submitted evidence including travel documents, identification and border passes in court on Wednesday.

Gambira's legal representatives said the immigration officer's claims were not sufficient to base a case on.

"Since the officer said he didn't know Nyi Nyi Lwin was living in Thailand and crossing the border legally, it is very supportive for the case. Let's see what will happen at the next court hearing after questioning other witnesses," said lawyer Robert San Aung.

The post Court Rules Out Bail for Detained Former Monk U Gambira appeared first on The Irrawaddy.

Thein Sein Honors Army and Cabinet With Excellence Awards

Posted: 10 Feb 2016 02:10 AM PST

Thein Sein presents a President's Excellent Performance Award to Burma Army Chief Sr-Gen Min Aung Hlaing in Naypyidaw on February 9, 2016. (Photo: J Paing / The Irrawaddy)

Thein Sein presents a President's Excellent Performance Award to Burma Army Chief Sr-Gen Min Aung Hlaing in Naypyidaw on February 9, 2016. (Photo: J Paing / The Irrawaddy)

RANGOON — Burma's outgoing President Thein Sein has awarded a final round of honors to his cabinet members and the country's army chief in Naypyidaw on Tuesday for their work over the last five years.

At the ceremony for the 2016 President's Excellent Performance Awards, Thein Sein conferred honors on 33 organizations, 32 of which went to high-ranking government and military officials. He said that those who have been involved in the "successful realization" of the government's reform process were selected for awards.

"Our government's term will expire soon, but the achievements over the past five years require us to keep working to reach a stage where they are durable," he said.

Burma Army Chief Sr-Gen Min Aung Hlaing, two vice presidents, the president's spokesperson Ye Htut, Union Ministers, Deputy Ministers and other government officials were among the awardees.

Sr-Gen Min Aung Hlaing received the honor designated to a group which strives to ensure state defense, security, peace and stability. Vice President Sai Mauk Kham's award was in recognition of his efforts to upgrade the Yangon General Hospital and for promoting health care services. For the successful organization of the Southeast Asia Games, Vice President Nyan Tun also received an award.

Aung Min, of the President's office and the Myanmar Peace Center, received recognition for his involvement in the peace process, while Information Minister and Presidential spokesperson Ye Htut was awarded for the "transformation" of Myanmar TV (MRTV) and state newspapers.

Minister for Agriculture and Irrigation Myint Hlaing, Minister of the President's Office and chairman of the Naypyidaw Council Thein Nyunt and Irrawaddy Division Chief Minister Thein Aung also received honors for development work.

Only one award went to a non-governmental organization, the Yangon Heritage Trust, for their efforts to preserve century-old heritage buildings in Burma's former capital, Rangoon.

This year, the presidential awards ceremony was mocked by many on social media who viewed it as an act of self congratulation before Burma's current leadership makes way for a new government next month.

The excellence awards have been presented annually since 2012. In previous years, over 480 people in total were selected for the honor, including 21 Buddhist monks.

The post Thein Sein Honors Army and Cabinet With Excellence Awards appeared first on The Irrawaddy.

Union Parliament Approves Joint Bill Committee

Posted: 10 Feb 2016 12:33 AM PST

 National League for Democracy leader Aung San Suu Kyi talks to journalists during her meeting with the media in her office at the Parliament in Naypyidaw, Feb. 3, 2016. (Photo: Reuters)

National League for Democracy leader Aung San Suu Kyi talks to journalists during her meeting with the media in her office at the Parliament in Naypyidaw, Feb. 3, 2016. (Photo: Reuters)

The Union Parliament on Wednesday approved a joint bill committee—consisting of members drawn from both parliamentary houses—to scrutinize bills before a Union-level vote.

According to Upper House Speaker Mahn Win Khaing Than, Deputy Speaker Aye Thar Aung will lead the 15-member committee. The other 14 members were drawn equally from the Upper and Lower House bill committees formed last week. Members will be tasked with determining if a piece of legislation should be amended before it is brought to a vote in the Union Parliament.

The committee also includes ethnic minority lawmakers from Arakan, Chin, Kachin, Mon and Shan constituencies, as well as a military nominee, Brig-Gen Maung Maung of the Lower House.

The new Parliament, dominated by lawmakers from the National League for Democracy, opened last week. Several important standing committees have since been formed, including the Draft Bill Committee and the Public Accounts Committee in both houses.

Members of the Legal Affairs and Special Cases Assessment Commission have also been selected, with former Union Parliament Speaker Shwe Mann chosen to head the body.

Next on the Union Parliament's agenda is the approval of recently formed Union-level committees, expected to occur later this week.

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Updated: Five Dead as Military Plane Crashes in Naypyidaw

Posted: 10 Feb 2016 12:33 AM PST

Click to view slideshow.

RANGOON — A Beechcraft airplane from Burma’s air force crashed near Naypyidaw International Airport at around 10 am on Wednesday. According to a Ministry of Information report, one major, two captains and two lieutenant corporals were on board.

All five were confirmed as deceased on Wednesday afternoon. Lt-Coporal Hla Win Tun, who initially survived the crash, succumbed to his injuries at around noon, according to the Office of the Commander-in-Chief.

It is the second known air force crash in recent years. In 2014, a MiG-29 fighter jet from Magwe Air Force Headquarters went down during flight practice, damaging the jet, but causing no casualties. The pilots, Colonel Hlaing Myint and Major Kyaw Zin Thant, survived the incident by ejecting themselves from the aircraft.

This article was updated on Wednesday afternoon to reflect the fact that a fifth person was confirmed deceased.

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Yangon Heritage Trust’s Conservation Efforts Honored

Posted: 10 Feb 2016 12:00 AM PST

Thant Myint-U receives the President's Excellent Performance Award from outing president Thein Sein, February 10, 2016. (Photo: J. Paing / The Irrawaddy)

Thant Myint-U receives the President's Excellent Performance Award from outing president Thein Sein, February 10, 2016. (Photo: J. Paing / The Irrawaddy)

RANGOON — A heritage conservation group has been honored with a presidential award for their efforts to preserve century-old buildings in Rangoon, Burma's former capital.

The Yangon Heritage Trust was honored with the 2016 President's Excellent Performance Award along with 32 other groups "for striving to develop the country's economy and the socio-economic life of the people," outgoing president Thein Sein said on Tuesday.

YHT was the only NGO among the awardees. The other recipients were government-affiliated groups led by vice presidents, army chiefs, union ministers and high-level government officials, whose activities ranged from successful collection of a nationwide census to the organization of the Southeast Asian Games and November's general election.

"This year, organizations that have made great strides in the successful realization of the government's sweeping reform process are set to be rewarded. That's why excellent performance awards were presented to organizations for contributing to progress made over the past five years," President Thein Sein said during the awards ceremony in Naypyidaw.

YHT founder Thant Myint-U told The Irrawaddy on Tuesday that he thought the award shows have managed to raise the profile of conservation and urban planning in Rangoon, as "very few people were talking about [Rangoon] heritage protection even three to four years ago. Now, the issues are more well-known and recognized as important."

"We've had success, and I'm grateful to supporters both inside and outside government. YHT's board and staff have worked very hard these past few years. But we still have a long way to go," he said.

Founded in 2012 to preserve Rangoon's unique architectural legacy, YHT was also praised by Thein Sein in 2013 for the group's preservation efforts. Since then, YHT has intervened to stop the demolition of pre-1960 buildings in the downtown area and campaigned to stop other new developments that might affect the city's historic character. At the request of the government, YHT drafted a law on urban conservation in 2013 that would help protect the city's heritage.

The presidential award came at a time when Rangoon is facing unwieldy urban development, which has prompted calls from observers to rein in urbanization projects that have gotten out of hand and to address the city's lack of "systematic urban planning controls."

To enforce such controls, experts have urged the president to enact the Myanmar National Building Code and Zoning Plan to ensure building safety and to regulate proper restrictions on land use and building heights for development. Both laws have existed in draft form for more than two years, likely left for the incoming government to tackle.

Thant Myint-U said the next few years will be critical and that urban planning in Rangoon is one of the top issues facing the new administration.

"What we need to do now is make a convincing case, especially an economic case, for why heritage protection must be a big part of future urban planning," he said.

The post Yangon Heritage Trust's Conservation Efforts Honored appeared first on The Irrawaddy.

The Farmers Beyond Burma’s Concrete Capital

Posted: 09 Feb 2016 11:00 PM PST

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NAYPYIDAW — Only a few minutes' drive from the wide boulevards of Burma's capital, the concrete turns to farmland.

When the rains come, farmers begin to plant rice in their fields. After the harvest, other crops are grown, such as pulses and beans.

When The Irrawaddy visited the area this month, farmers were plowing their fields with water buffalo and preparing the ground for another round of rice growing.

With the country's national Parliament just a few miles away, most of those who spoke with The Irrawaddy were keeping abreast of political affairs as a new batch of lawmakers assumed their seats last week.

"We hope the incoming government may be better," a hired hand said before working a row of seeds into the soil. She expressed hope that the government would address the issue of land grabbing which has plagued Burma's rural areas for years.

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UN: S. Lanka War Crimes Investigation Must Be Impartial

Posted: 09 Feb 2016 10:16 PM PST

 United Nations High Commissioner for Human Rights Zeid Ra'ad Al Hussein (L) shakes hands with Sri Lankan Prime Minister Ranil Wickremesinghe during their meeting in Colombo, February 9, 2016.  (Photo: Dinuka Liyanawatte / Reuters)

United Nations High Commissioner for Human Rights Zeid Ra'ad Al Hussein (L) shakes hands with Sri Lankan Prime Minister Ranil Wickremesinghe during their meeting in Colombo, February 9, 2016.  (Photo: Dinuka Liyanawatte / Reuters)

COLOMBO — The United Nations will not force Sri Lanka to accept a role for international judges in investigating possible war crimes during the 26-year Tamil insurgency, but any process must be impartial and independent, the UN human rights chief said on Tuesday.

Commissioner Zeid Ra'ad Al Hussein, ending a four-day visit to Sri Lanka to assess the investigation, commended some efforts by President Maithripala Sirisena's government but said much still needed to be done.

The United Nations says the Sri Lankan military and Tamil Tiger rebels were both likely to have committed war crimes during the war, which ended with a military victory in 2009.

A UN resolution calls for all alleged war crimes to be investigated and tried in special courts by international judges.

Zeid's visit followed comments by Sirisena that foreign participation was not needed for an impartial inquiry.

"We are not forcing anything on the government of Sri Lanka," Zeid told Reuters. "The president has stated his preference, his position. We have stated our preference."

Many Sri Lankans oppose foreign involvement, and supporters of former President Mahinda Rajapaksa believe the UN resolution aims to punish the military unfairly.

Rajapaksa rejected international pressure for a UN war crimes investigation, and main political parties as well as Buddhist leaders remain opposed to any external involvement.

Zeid said the UN human rights body believed that victims would not have confidence in a national mechanism as those tried before have left them disappointed.

"If whatever Sri Lanka decides upon has the support of the victims on all sides, that is okay with us. If the mechanism is impartial and independent, that is okay with us," he said, sitting in the UN office in the capital of Colombo.

"Our preference was initially and our preference still is a hybrid type mechanism with international participation."

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US Intel Warns of Expansion of Terror Groups in Bangladesh

Posted: 09 Feb 2016 09:26 PM PST

 Bangladesh's President Abdul Hamid (3rd R) and Prime Minister Sheikh Hasina (2nd L) during the celebration of the country's 45th Victory Day, at the national parade ground in Dhaka, December 16, 2015.  (Photo: Ashikur Rahman / Reuters)

Bangladesh's President Abdul Hamid (3rd R) and Prime Minister Sheikh Hasina (2nd L) during the celebration of the country's 45th Victory Day, at the national parade ground in Dhaka, December 16, 2015.  (Photo: Ashikur Rahman / Reuters)

WASHINGTON — The US intelligence chief said Tuesday efforts by Bangladesh's prime minister to undermine the political opposition will probably provide openings for transnational terrorist groups to expand their presence in the South Asian country.

Director Of National Intelligence James Clapper questioned Bangladesh's public insistence that the killings of foreigners were the work of the opposition Bangladesh Nationalist Party and the Bangladesh Jamaat-e-Islami and are intended to discredit the government of Prime Minister Sheikh Hasina.

In written testimony to a Senate hearing on worldwide threats, Clapper noted the claims of responsibility from the Islamic State group for 11 high profile attacks on foreigners and religious minorities, and claims from the Ansarullah Bangla Team and al-Qaida in the Indian Subcontinent for killing at least 11 progressive writers and bloggers in Bangladesh since 2013.

Bangladesh is a Muslim country with traditions of secularism and tolerance but it has become increasingly troubled by extremist violence. Hasina's government has denied that the Islamic State group has a presence in the country, and has accused domestic Islamist groups and political opponents for the violence.

Bangladesh has been in political ferment since the run-up to January 2014 elections that were boycotted by opposition parties, and over war crimes prosecutions brought against Jamaat-e-Islami leaders over alleged involvement in atrocities during Bangladesh's 1971 war of independence.

The post US Intel Warns of Expansion of Terror Groups in Bangladesh appeared first on The Irrawaddy.

Hong Kong Activists, Police Clash over Holiday Food Stalls

Posted: 09 Feb 2016 09:20 PM PST

  Stones thrown by protesters are seen on the ground in front of riot police during a clash at Mong Kok district in Hong Kong, China, February 9, 2016.  (Photo: Bobby Yip / Reuters)

Stones thrown by protesters are seen on the ground in front of riot police during a clash at Mong Kok district in Hong Kong, China, February 9, 2016.  (Photo: Bobby Yip / Reuters)

HONG KONG — Hong Kong's Lunar New Year celebration descended into chaos as protesters and police, who fired warning shots into the air, clashed over a street market selling fishballs and other local holiday delicacies, with dozens injured and more than 60 arrested.

The violence is the worst in Hong Kong since pro-democracy protests rocked the city in 2014, leaving a growing trust gap between the public and authorities.

Activists angered over authorities' attempts to crack down on the food hawkers in a crowded Kowloon neighborhood held running battles with police into the early morning hours of Tuesday.

Protesters pelted officers with paving stones, glass bottles and other pieces of debris. Some threw garbage cans, plastic safety barriers and wood from shipping pallets. They also set fires on the street.

The unrest started when authorities tried to prevent unlicensed street food sellers from operating Monday night in Mong Kok, a working-class district. The hawkers have become a local tradition during the Lunar New Year holiday but this year authorities tried to remove them.

The hawkers were backed by activists who objected to the crackdown over concerns that Hong Kong's local culture is disappearing as Beijing tightens its hold on the semiautonomous city.

The scuffles underscore how tensions remain unresolved more than a year after the end of pro-democracy protests that gripped the city. Mong Kok, a popular and densely populated shopping and entertainment district, was one of the neighborhoods where activists occupied streets for about 11 weeks in late 2014, capturing world headlines with their demands for greater electoral freedom.

Hong Kong's leader, Chief Executive Leung Chun-ying, told reporters a mob had attacked police officers and journalists, and said the perpetrators would be prosecuted. More than 80 officers and four reporters were hurt, he said.

Police cars and public property were damaged, fires started and bricks and other objects thrown at police officers, including those already injured and lying on the ground, Leung said.

"I believe the public can see for themselves from TV news reports the seriousness of the situation. The [Hong Kong] government strongly condemns such violent acts. The police will apprehend the mobs and bring them to justice," Leung said.

Officials said they were investigating whether the violence had been organized in advance.

At one point, a protester tried to tackle a traffic police officer from behind before both sides rushed in to the melee in the middle of a busy street, according to video shown by local news channel Cable TV. Moments later, another officer appeared to fire two warning shots into the air.

Hong Kong police said the protesters had ignored their warnings to get off the street and shoved officers, who responded with batons and pepper spray.

Police said late Tuesday that 61 people ranging in age from 15 to 70 were arrested on suspicion of unlawful assembly, assaulting police, resisting arrest, obstructing officers, possession of offensive weapons and disorderly conduct in a public place.

Some were also suspected of participating in a riot, a charge that Police Commissioner Lo Wai-Chung told reporters earlier in the day has not been employed since 1967 riots expressing support for China's radical Cultural Revolution and against British colonial rule.

Two warning shots were fired during the incident, Acting District Commander Yau Siu-kei said.

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