Sunday, April 3, 2016

Shan Herald Agency for News

Shan Herald Agency for News


Seminar: Importance of Northeast India in India’s Look East Policy

Posted: 03 Apr 2016 04:36 AM PDT

A seminar on


 
'Importance of Northeast India in India's Look East Policy'
Venue: Miranda House, University of Delhi
Date: April 5, 2016, 10am
 
Speaker: Dr. Nehginpao Kipgen
 
--
Nehginpao Kipgen, PhD
 
Assistant Professor
 
Executive Director, Centre for Southeast Asian Studies (CSEAS)
 
Jindal School of International Affairs
 
O.P. Jindal Global University
 
Phone: +91 1304091709 (office)
             +91 8396907457 (mobile)
My Books:
1. Democratisation of Myanmar (a revised PhD dissertation): https://www.routledge.com/products/9781138119710
 

Aftermath of the regime change: Constitutional amendment deliberation all over again?

Posted: 03 Apr 2016 04:16 AM PDT

Hardly has the historic power transfer from quasi-civilian, military dominated regime of Thein Sein to National League for Democracy (NLD)-led civilian majority government settled in, a series of governmental formation were announced, which included the formation of National Defence and Security Council (NDSC), the union government including the states and regions, Union Election Commission (UEC) and appointment of a chairman to constitutional tribune.
But the most outstanding news is the report tabled by NLD regime's first bill to create a new "state advisor" or "state counsellor" role for Aung San Suu Kyi, leader of the NLD. At this writing, the proposed bill, particularly aimed to accommodate the creation of such a post for her has already sailed through the upper parliament, with the motion passed 137 to 70 in a secret ballot vote, to the chagrin of the USDP-Military bloc that have voted against it. And no doubt, the bill would certainly be adopted for the NLD won't have difficulty garnering a simply majority in the lower house, as the upper house voting has already indicated.
The NLD's first move, which is to circumvent the constitutional clause of 59(f) that have prevented Aung San Suu Kyi to take the highest office, due to her two sons being British citizens, exemplifies the fact that the constitutional amendment is a must, if good governance leading to a genuine federalism is to be achieved.
In the same vein, President Htin Kyaw's inauguration speech mentioned the same message that the constitutional amendment is vital to be democratic and federal, which all the ethnic nationalities armed and unarmed are in agreement.
The core message delivered by the new President, underlined the NLD's overall policy on how it intended to guide its administration for the good of the country. He said: "The present new government will consummate the following policies of national reconciliation, internal peace, realization of federal democratic union and uplifting the socio-economic standard of the majority of the people."
He further stressed: "Other than this, there is a duty to perform the emergence of a constitutional law that is befitting to the democratic principles. (I) understood that patience is needed to strive and realize the people's years-long, political aspirations."
Constitutional crisis all over again
No matter where one started, in order to resolve the conflict encompassing all the multi-ethnic groups of the country, we repeatedly fall back on the amendment of the flawed constitution. This is the problem that has plagued the country, since we achieve independence from the British in 1947.
Ten years after the independence, the ethnic nationalities found out that the 1947 Union of Burma Constitution was only federal in name, but in practice unitary. In trying to correct the imbalance of political power-sharing, they made federal amendment proposal, spear-headed by the then Shan State government and ratified by "All States Unity Organization", comprising of all the ethnic nationalities in 1961, in Taunggyi, Shan State.
The main argument for the constitutional amendment was that Burma Proper transformed itself into a constituent national state like all the others, rather than usurping the powers of union government, which had let to economic, political and administrative oppression of the Bamar on other ethnic nationalities.
The ethnic nationalities' point of argument remain very much the same today, although it might differ among themselves on the point of 14 States and Regions or 8 States configuration, apart from the aspirations of national state-level administration among some of the ethnic groups.
Major stakeholders
The major stakeholders could generally be said to include, the military (Tatmadaw), the NLD together with other Bamar political parties, non-Bamar ethnic political parties and Ethnic Armed Organizations (EAOs).
The Tatmadaw's position vis-a-vis federalism is somewhat hazy and non-committal as it only says: "establish a union based on the principles of democracy and federalism in accordance with the outcomes of political dialogue".
For this could mean anything from the recent unitary presidential system, minimum to maximum devolution of power under the present system, to full-fledged federal union with strong states governments and weak federal central government.
But it is safe to conclude that the military only wants unitary centralized system with just minimal devolution of power to the states, so that there is a semblance of federalism. The present Commander-in-Chief Min Aung Hlaing has time and again stressed that the military would defend it self-drafted constitution of 2008 with its life and refused to be amended.
The NLD's exact position on federalism is also not known, while Suu Kyi personally has on several occasions said that genuine federalism is her aim, we still need to know the details of nuts and bolts on how her party stands, regarding this crucial issue. But one of her close aide was said to be furious, when the an ethnic representative, during discussion at the Union Peace Conference in January, raised the question of 14 States/Regions versus 8 States configuration, suggesting that the Bamar dominated 7 Regions should become a national constituent state like all the others, hinted that the party could only go along with 14 constituent units, as it is now administered.
But as for the ethnic nationalities, they all prefer a system along the line of "building a federal union based on national states, with equality, rights of self-determination and democracy", which more or less would cater to the fully fledged federalism category.
Political debate ahead
As it is, there is no question on the issue that the way forward for the country is through constitutional amendment, paving way to realize a genuine federalism. And to be able to do this a level playing field is a necessity.
So in concrete terms what should be done?
Even an uninformed person would say that getting rid of the military's privileges of 25% allotted MPs in all parliaments – lower, upper, states and regions -, including the advantage to name and administer the home, defence and border affairs ministries; plus the majority vote within the NDSC with an edge of 6 to 5 against the NLD.
The military has on its side the Vice-President, Commander-in-Chief, Deputy-Commander-in-Chief and three Ministers of Home, Defence and Border Affairs, while the NLD has the President, Vice-President, two Parliamentary Speakers of lower and upper houses, and minister of foreign affairs.
On top of that, the NDSC is seen as the top decision-making establishment of the country, according to Ta Kaung Research Group's Director, Ko Ye Myo Haing, reported recently by BBC on 1 April.
The same report stressed that in other countries such an establishment is designed to advice the President on defence and security matters, but in Burma the NDSC has the power to participate in political decision-making.
The latest Time report of 1 April also writes: "The NLD government will have a very hard time to control the conflict because they don't control the [relevant] ministries, they don't have a majority in the NDSC, and they aren't in charge of the Myanmar army," explains Tom Kramer (from Trans National Institute). "Even if the President says we should stop this conflict and there should be no more offensive operations, it won't actually have any impact."
During the term of ex-President Thein Sein, NLD and its ethnic ally parties tried in vain to amendment the constitution, for it was impossible to overcome the hurdle of 75% ceiling even to sail through the first motion within the parliament. And with the appointed 25% military representatives sitting in the parliament, it is next to impossible to amend the constitution.
Thus another outside of parliament track is becoming a necessity to amend the constitution, which the ethnic nationalities have pinned their hope on. Lately, the United Nationalities Federal Council (UNFC) members are becoming more convinced that the only way to change is through the political dialogue that would lead to a Panglong-like treaty, from which the constitutional amendment could be conducted, without having to care or follow the 2008 military-drafted constitution procedure. In short, to push for amendment of the constitution through peace agreement treaty or "Union Accord," to term it differently.
In other words, a peace agreement is instrumental to change or rewrite the constitution, without having to go through the procedure written in the constitution, if it serves the purpose to end the cause of internal conflict or civil war. For the abnormal situation like civil war needs special procedure to resolve it. Therefore, to resolve the cause of war, constitutional law could be amened by making use of the peace agreement.
Two tracks deliberation
Having said that, the way to genuine federalism is becoming a bit clearer, but it doesn't mean it is going to be easily achievable.
The NLD is doing what it can, as could be seen with its tabled first bill, together with the ethnic parties, within the parliamentary track, while it would also need to cooperate and coordinate with the EAOs, ethnic and other Bamar political parties, not to forget the civil society organizations, in trying to realize the outside parliamentary track, to push through the constitutional amendment and eventual establishment of a genuine federal union.
True, we all have to go through the uncomfortable debate of 14 versus 8 constituent units and not to mention the national state-level administrative aspiration of Shan-Ni, Pa-O, Wa, Palaung and the likes. But as the new President rightly and explicitly pointed out, patience and endurance are needed from all of us.
We could eventually overcome the constituent units disagreement through negotiation and the national state aspirations of the other ethnic groups. But we still need to build the genuine federal union first, before criterion could be drawn and agreed upon, to determine the feasibility of a state-hood.
For now, the first priority is to revitalize the second track movement outside the parliament, to energize and boost the amendment push within the parliament. Of course, the military must not be made to feel that it is losing its political edge, but instead should instil an awareness that it is for the benefit and welfare of the whole country and not just for a particular group.
It is now up to the skilfulness and tactfulness of the NLD to deliver this noble message to all quarters, specifically the Tatmadaw, that it is properly understood.

Saturday, April 2, 2016

The Irrawaddy Magazine

The Irrawaddy Magazine


The Irrawaddy Business Roundup (April 2, 2016)

Posted: 01 Apr 2016 05:39 PM PDT

A shopper chooses goods at an Aeon chain store in Tokyo on July 6, 2011. (Photo: Reuters)

A shopper chooses goods at an Aeon chain store in Tokyo on July 6, 2011. (Photo: Reuters)

Outgoing Government Wraps Up Unfinished Business

In almost its last act in power, the previous government's main investment body approved a raft of new projects in a meeting March 25, according to local reports, adding a barrage of deals that appear to have been pushed through in the "lame duck" period since the formerly ruling Union Solidarity and Development Party (USDP) lost November's election.

Last week the Port Authority announced that it had awarded a potentially lucrative wharf concession in Rangoon to a subsidiary of Kaung Myanmar Aung Group, a conglomerate owned by Khin Maung Aye, an advisor to the now former President Thein Sein.

But, according to a report from Eleven Media this week, that project was also one of five of the group's projects approved by the Myanmar Investment Commission (MIC) during a bumper final meeting just five days before the handover.

In total 48 projects—27 involving local companies, 16 foreign and five joint ventures—were approved by the MIC, a body that oversees large scale investments and has been chaired by ministers in Thein Sein's close circle since 2010.

Other approved projects included a cement plant by Shwe Taung Group, owned by tycoon Aike Htun, Eleven Media said. The Myanmar Times said industrial parks, an airline joint venture and beach resorts were also among the investments approved.

The outgoing government also rushed through approvals for Chinese company CITIC to build a port and industrial part at Kyaukphyu in Arakan State, and handed two inland port concessions to a subsidiary of Hong Kong businessman Robert Kwok's Kerry Group.

Also on March 25, the Joint Venture Formation and Tender Selection Work Committee announced that Vietnamese military-owned telecommunications company Viettel was the preferred foreign partner for a fourth mobile phone license the government is planning to award.

Viettel, which made a failed bid to win a telecoms license earlier in the previous government's term, will team up with a local public company named Star High Public Company Limited. This company is "under the supervision of the Ministry of Defence as the Government Shareholder," according to the announcement.

It goes on to say that this firm—a consortium of little known local public companies—owns "up to 1,000 towers and around 13,000 kilometres of fibre-optic network," leading many to believe that the existing military phone operator MecTel will be rolled into the fourth license.

22-Year Deal for Mandalay Division Power Plant

The Burmese government has signed a deal to buy power for 22 years from a new gas power plant under development by a Singaporean company.

Sembcorp Utilities announced in December that it had signed an agreement with the Burmese government's Ministry of Electric Power to develop the 225-megawatt plant in Myingyan, close to the Irrawaddy River in Mandalay Division.

The World Bank's International Finance Corporation and the Asian Development Bank have both approved financing for the project, which is estimated to be worth a total of about $300 million.

US industrial giant General Electric recently disclosed that it was awarded the contract to supply gas turbines for the project.

Sebmcorp said in a statement on its website Wednesday that it had signed a purchase agreement with the state-run Myanma Electric Power Enterprise to provide 225 megawatts of power to the national grid for 22 years.

"The PPA will come into effect upon the fulfilment of certain conditions precedent, including the execution by Myanmar's Ministry of Electric Power (MOEP) of the build-own-transfer agreement for the project, pursuant to which MOEP agrees to provide all support for the implementation of the project and guarantees MEPE's payment obligations under the PPA," the announcement said.

Former US Diplomat Joins Calls for Sanctions to Be Relaxed

With power transferred to a democratically elected government this week, a former US chief of mission has added her weight to calls for the American government to ease its sanctions against Burma.

Some sanctions were frozen after the previous administration of President Thein Sein initiated reforms after coming to power. But the measures have not been completely removed from US legislation, and sanctions on individuals and companies said to be linked to the former military regime—those on the so-called Specially Designated Nationals list—remain in place.

Priscilla Clapp served in the American Embassy in Rangoon from 1999 to 2002. In a report published last week, she called for a thorough rethink of sanctions against Burma.

"Continuing to rely on a sanctions regime—designed primarily to inhibit US participation in and assistance to Myanmar's economy and government—no longer makes sense, particularly when Western allies and others observe no restrictions on their activities in Myanmar," she said in a report for the Washington-based Council on Foreign Relations.

"Washington should therefore restructure the remaining financial sanctions and restrictions to carefully target individuals and entities to promote better behavior, rather than punish bad behavior."

In order to keep the sanctions in place, the US government must renew the International Emergency Economic Powers Act in May. Advocates of sanctions argue that they enable the US government to incentivize continued reforms, but critics like Clapp say the reality on the ground in Burma has changed.

A collection of five US business groups, including the United States Chamber of Commerce, in February wrote to the US Treasury, Commerce and State departments making a similar argument.

"The remaining US sanctions are a significant reason why US investment in Myanmar remains modest and Myanmar entrepreneurs cannot truly take advantage of their putative access to the American market," their letter read.

London-Listed Tech Firm Reports on Mobile Money Plans

Burma-facing tech company MySquar says it is moving ahead with plans to set up a service that will allow mobile phone users to transfer cash using a chat application—including across national borders.

The company operates in Burma through apps like MyChat!, which it claims had a combined total of 2 million users—about 600,000 of them active—as of the end of 2015. It listed on the London Stock Exchange's Alternative Investment Market last year—raising £1.67 million, or about $2.4 million—and therefore submits regular filings.

In its half-yearly report on Wednesday, MySquar said work on a new mobile payments service was "progressing well."

In October, MySquar and related company MyPay teamed up with Singapore-based Fastacash, which operates mobile money systems elsewhere in Asia, and will provide similar technology to MyPay.

"Once the payment features go live, which is anticipated to commence in Q3 of the calendar year 2016, MyCHAT will offer various additional services to its users," the filing said.

"Additional services are expected to include cross-border money transfer [millions of Myanmar people who work overseas in Thailand, UAE, Malaysia, Singapore among other countries send millions of dollars every year to their families in Myanmar], domestic money transfer, payment services for digital products and games, payment services for voice calls, points of sales, and coupons for marketing and promotion purposes."

Several companies have announced mobile money services to capitalize on growing smartphone usage in Burma, although clear regulations have not yet been announced by the government.

Japanese Mall Builder Looks to Burma: Report

Japan's largest retailer, Aeon, is reportedly considering an expansion into Burma, as it increases its presence in Southeast Asia's growing consumer market.

Subsidiary Aeon Mall already has 24 stores in Malaysia, one shopping center in Indonesia and one in Cambodia's capital. It is opening five more new in Indonesia, four in Vietnam, and a second mall in Phnom Penh, The Nation reports.

Citing a company executive, the Bangkok-based newspaper said the company has a "2020 strategy" to become the No. 1 retailer in the 10-nation Association of Southeast Asian Nations (Asean) bloc, where nascent efforts toward economic integration are now underway.

That could include building malls in Burma.

"The company is also studying the feasibility of business development in Thailand, Laos and Myanmar, and hopes to have its first Aeon Mall property in Thailand by 2020," Mitsugu Tamai, director and executive general manager for Aeon Mall's Asean division, was paraphrased saying.

The post The Irrawaddy Business Roundup (April 2, 2016) appeared first on The Irrawaddy.

Max Myanmar’s Zaw Zaw: ‘I Am Ready to Play any Part’

Posted: 01 Apr 2016 05:30 PM PDT

 Zaw Zaw speaks to Reuters during an interview in Rangoon on March 8, 2012. (Photo: Soe Zeya Tun / Reuters)

Zaw Zaw speaks to Reuters during an interview in Rangoon on March 8, 2012. (Photo: Soe Zeya Tun / Reuters)

Zaw Zaw is the chairman of Max Myanmar Group of Companies, one of Burma's biggest conglomerates, with interests in the country's construction, hotel, real estate and agricultural sectors. He also intends to expand his banking business under the new National League for Democracy (NLD) government, but remains on a US blacklist, preventing American companies from doing business with him.

The Irrawaddy spoke with Zaw Zaw on Friday about his expanding financial business, fostering a younger generation of entrepreneurs and his hopes for being removed from the US sanctions list.

Why are you focusing more on the financial sector lately?

The banking sector plays a crucial role in the development of the country and it is not yet on par with international banking industries. [Business owners] are working to meet international financial reporting standards [IFRS]. This is important. While we work to meet these standards, we must also practice corporate governance, so that the international community can work with us reliably.

All of the economic players and the banks should strive to achieve these standards. Then, the international community will trust us—bringing investment, economic gains, higher incomes and more job opportunities.

What should the new government's first priority be to help develop the weak banking industry?

Changes should start at the Central Bank of Myanmar. There are many challenges, one of which is training skilled employees, both in the Central Bank and private banks.

Even more important is improving technology. Currently, [international] banks are using advanced technologies. The question is how we can catch up.

Also, we need infrastructure development. If there were no longer economic sanctions under the new government, the international community would increase foreign investment into the country.

The Central Bank should be an independent body, as intended?

Yes, and it should make necessary changes to laws and regulations. The financial sector is not only about the banking industry. It includes other sectors. The new government needs to implement effective measures for development and consider how it can fulfill the financial needs of businessmen. One way would be to switch from the traditional cash-based economy to using [credit and debit] cards.

You are thought to be the first person that will be removed from the US sanctions list under the new government. Do you believe this?

I believe it will happen. I'm not involved in any cases related to human rights violations or land confiscation. I have not violated any environmental conservation regulations. I have tried to reach the standards set for business responsibility.

I want to see young businessmen shape the future of our country and I want to act as an intermediary. I have worked to meet international norms and I have demonstrated transparency. I hope for the best.

What businesses do you plan to expand under the new government?

 I plan to expand the financial sector and support young businessmen and entrepreneurs. I want to show other countries our capabilities.

Are you prepared if the new government offers you an economic advisory position?

I am ready to play any part to support the country. I don't care about positions. I will do what I can for our country.

The post Max Myanmar's Zaw Zaw: 'I Am Ready to Play any Part' appeared first on The Irrawaddy.

Shan Herald Agency for News

Shan Herald Agency for News


Burma’s new civilian government inherits ongoing conflict in Shan State

Posted: 01 Apr 2016 09:20 PM PDT

As Burma's first civilian government in half a century took office this week, conflict remains ongoing in the country's largest state. Burma's military known as the Tatmadaw, has clashed over the past year with at least six different armed groups in northern Shan State. The day that President Htin Kyaw took office, army troops were exchanging fire with the Ta'ang National Liberation Army (TNLA), a group that didn't even exist when Thein Sein became president in early 2011.


In recent months tensions between Ethnic Armed Organizations (EAO) that singed the National Ceasefire Agreement (NCA) and those that haven't in the state, have been very noticeable. Not only is the Tatmadaw, who have been engaged in a major troop build-up in northern Shan State, clashing with ethnic armed groups but some of the non ethnic armed groups are clashing with each other.
A recent report released by Burma Partnership, an NGO led by long time activist Khin Ohmar, described the situation in the state as very troubling. "A worrying development since the signing of the NCA has been the increased division between signatory and non-signatory EAOs, a situation that is worryingly familiar given the long history of 'divide-and rule' tactics employed by Burma's successive military regimes when dealing with EAOs. This is manifest in the reported clashes between the NCA signatory, the RCSS, alongside Burma Army troops, and the nonsignatory, the TNLA, in northern Shan State," reads the report issued in February.


Reached for comment, Lt. Gen. Yawd Serk, the leader of the RCSS/SSA described the current situation in northern Shan State as one that is a result of years of misrule by the central government. "They say that our nationalities should be united not to separate," Lt. Gen. Yawd Serk said. "They worry that the country is too separate but what they are doing is the complete opposite. They use armed forces to offend other groups. Therefore, how can the country be united when they keep separating it," he said
"If they really want the country to be united, the participation of civilians is needed," Lt. Gen. Yawd Serk added.
In many ways the clashes between the TNLA and the RCSSA/SSA mirror those that took place in the late 1990's and early 2000s when the United Wa State Army (UWSA), the country's largest armed group attacked RCSS/SSA positions near the Thai-Burma border. An offensive that at the time was actively encouraged by the Tatmadaw.  A conflict that produced thousands of refugees being forced to flee their homes.
A heavily militarized conflict area
In the weeks leading up to the official handover of power to the NLD, the situation in northern Shan state appears to have become even more precarious with the arrival of further military reinforcements. On March 11, 2016, the TNLA's political wing the Palaung State Liberation Front (PSLF), released a statement saying that more than 500 armed vehicles were dispatched to an area they consider their territory. These new arrivals add to an already heavily militarized situation on the ground.
According to sources in the area, there are eight Light Infantry Division (LID) forces actively operating in northern Shan State including, LID No. 11, 33, 55, 66, 77, 88, 99 and 101. The LID units, also known as Chay Myan Tat Ma or Ta Ma Kha in Burmese language, are considered to be a strategic asset of the Burma Army.
At present there are 10 LIDs and each has 10 Light Infantry Battalions (LIB) organized under three Tactical Operations that are commanded by a Colonel. They consist of three battalions each and one reserve, one Field Artillery Battalion, one Armour Squadron and other support units.
Informed sources say that the Military Operations Command (MOC) No. 1, 2, 4, 7 and 16 are now actively operating in northern Shan State. These forces also have about the same number of troops as LID.
An official from the Shan State Progress Party/Shan State Army (SSPP/SSA), who wishes to remain anonymous, estimated that there are about 100 to 150 troops in each LIB stationed in Shan state. He added that one LID has about 1,000 to 1,500 armed troops.
Other military units have also been operating in northern Shan State including the Northeastern Operations Command, also called Bureau of Special Operations, which has 47 battalions.
The headquarters of the Artillery Operations Command No. 902, which has 13 units actively operating in northern Shan State, is based in Lashio Township. The Artillery Operations Command is equipped with heavy weapons that include Light Field artillery battalion equipped with 105 mm, 76 mm, 75 mm howitzers, field guns and mountain guns. Army units tasked with using multiple rocket launchers are equipped with 122 mm self-propelled and towed launchers, both of which can be deployed very quickly.
In addition to their frequent clashes with the TNLA and the SSPP/SSA, Tatmadaw troops in northern Shan State have also recently clashed with troops from the Kachin Independence Army (KIA), the Kokang based Myanmar National Democratic Alliance Army (MNDAA) and their allies from the Arakan Army (AA).
Burma Partnership notes that the upheaval created by the ongoing clashes has been very difficult for civilians. "Even now in the fifth year of the peace process, sexual violence against ethnic women continues to be used as a weapon of war by the Burma Army with impunity," reads the Burma Partner report.
"The number of IDPs as a result of armed conflict increased up to 662,000 in 2015 due to the 70,000 fleeing the war against the MNDAA and on-going conflict with the KIA", said Burma Partnership.
In early March, the Irrawaddy news site reported that a resident of Pang Hat had witnessed the Burma Army Brigade No. 11 detaining 46 men. However, those who were linked to a local militia were released on the same day. But, thirteen men were still missing until February 26, when nine were released.
On March 11, the TNLA also reported that the Burma Army used heavy weapons including 80 mm, 105 mm and 120 mm shells to attack villages in their area. Military soldiers also arrested civilians, robbing, destroying and burning down their homes.
Many of the Burma forces now stationed in Shan State previously operated in other places across Burma. LID No. 11 was in Yangon Region's Inndine Township, LID No. 33 was in Sagaing Region, LID No. 55 was in southern Shan State's Kalaw Township, LID No. 66 and 88 were in Magway Region, LID No. 77 was in Bago Division, LID No. 99 was in Meiktila and LID No. 101 was in Magway Region's Pakokku Township.
Military Operations Command (MOC) No.2 was originally stationed in southern Shan State's Mong Nong Township, MOC No. 7 was in southern Shan State's Mong Pai Township. These units are also now based in northern Shan State.
BY Staff / Shan Herald Agency for News (SHAN)

Friday, April 1, 2016

The Irrawaddy Magazine

The Irrawaddy Magazine


Joint Ceasefire Monitoring Committee To Extend Mandate

Posted: 01 Apr 2016 07:05 AM PDT

Signatories to the Nationwide Ceasefire Agreement, including the Burma Army and eight non-state armed groups, attend a fourth meeting to the Joint Ceasefire Monitoring Committee in February in Rangoon. (Photo: Myanmar Peace Center / Facebook)

Signatories to the Nationwide Ceasefire Agreement, including the Burma Army and eight non-state armed groups, attend a fourth meeting to the Joint Ceasefire Monitoring Committee in February in Rangoon. (Photo: Myanmar Peace Center / Facebook)

RANGOON — The Joint Ceasefire Monitoring Committee (JMC), formed one month after the signing of Burma's so-called nationwide ceasefire pact (NCA), has received around 500 complaints of violations, mostly from Shan State and Karen State.

Since the November 2015 formation of the JMC, both the Burma Army and the ethnic NCA signatories have closely monitored the ceasefire areas covered by the agreement, which was signed by the government and eight of the country's more than 20 non-state armed groups in October.

The JMC does not, however, cover the non-NCA signatories' areas, where fighting remains ongoing between government troops and ethnic armies, such as the Ta'ang (Palaung) National Liberation Army (TNLA), the Kachin Independence Organization/Army (KIO), the Arakan Army (AA) and the ethnic Kokang group known as the Myanmar National Democratic Alliance Army (MNDAA).

The complaints reported to the JMC involve many incidents of extortion and some gunfights, and have largely been filed by the Burma Army against ethnic armed groups, and vice-versa, according to staff from the once government-backed Myanmar Peace Center (MPC). Yet locals have also filed some complaints against both sides.

Dr. Min Zaw Oo, the director of Ceasefire Negotiation and Implementation—a department which receives support from the MPC—and one the 26 members of the Union-level JMC, said that while the JMC has been able to resolve dozens of complaints, more terms of reference (ToRs) need to be drafted which would provide unbiased ways of addressing the problems which are brought forward.

“All the solutions and the verifications must come in accordance with the standard operating procedures, which we call Terms of Reference (ToRs),” he said, “We now have about 50 pages of ToRs, but we still have to draft about 200 more, in order to avoid biases during solutions,” he said.

JMC members represent armed groups and civilians, but Min Zaw Oo told The Irrawaddy that they lack staff capacity to handle, sort out, and verify the complaints.

Until now, the expenses of operating the JMC have been covered by the MPC's budget. While it appears that the MPC—a relic of the former Thein Sein government—might soon close, JMC staff will continue their work for the next three months, their mandate extended in this interim period as Burma settles in to new national leadership.

In January, the JMC formed state-level committees in eastern and southeastern Burma. Two regional JMCs are located in respective areas of Shan State controlled by two different signatories, the Restoration Council of Shan State/Shan State Army-South (RCSS/SSA-S) and the Pa-O National Liberation Army/Organization (PNLO). Another committee is located in Tennasserim Division, in the Karen National Union's (KNU) territory.

Two more state or regional JMCs will soon be formed in Karen and Mon states, also in areas where the KNU is active.

Min Zaw Oo said he may continue to work within a future JMC working group or maintain his current position, if it is an option under the new government, which was sworn in on Wednesday and is led by Aung San Suu Kyi's National League for Democracy (NLD).

The new ruling party has not yet revealed who will take on the position of chief peace negotiator under an NLD government, a role which was held by Aung Min, the MPC director and former Minister of the President's Office under the previous administration. Aung San Suu Kyi now holds the same ministerial role; it is possible that she could lead future negotiations with non-state armed groups.

Burma's President Htin Kyaw reiterated in his inauguration speech that peace building remains an NLD government priority along with national reconciliation and the establishment of a federal and democratic constitution.

The post Joint Ceasefire Monitoring Committee To Extend Mandate appeared first on The Irrawaddy.

The Day We Have Been Waiting For

Posted: 01 Apr 2016 06:26 AM PDT

 President Htin Kyaw, center, is sworn into office along with his two vice presidents at the Union Parliament in Naypyidaw on March 30, 2016. (Photo: Hein Htet / The Irrawaddy)

President Htin Kyaw, center, is sworn into office along with his two vice presidents at the Union Parliament in Naypyidaw on March 30, 2016. (Photo: Hein Htet / The Irrawaddy)

March 30 marked a historic day for Burma, as the Southeast Asian nation that was for decades beleaguered by military rule saw its first democratically elected civilian government since 1962 sworn into office.

It was a day that student, political and human rights activists—many of whom have withered away in prison cells, died at military detention centers or simply disappeared in midnight raids on their family's homes—had longed their entire lives to see.

In short, it was a day that all of Burma smiled. Across the country this week, people showed their elation by offering food and drink to passersby. Some bus companies and motorcycle-taxi drivers even offered passengers free rides. The jubilant national mood was enough to make anyone in Burma's previous governments envious. People were happy to see their long-denied wish for a government by the people, for the people finally come true.

For Aung San Suu Kyi's National League for Democracy (NLD), which will lead Burma's new government, March 30 was the day from which it will work to realize core ambitions it has championed since its birth 28 years ago: achieving national reconciliation, negotiating a federal union and extinguishing a civil war that has been raging since independence in 1948.

Beyond the military's constitutionally enshrined role in politics, other issues await Burma's newly anointed leadership: wars throughout the north; a far-from-accomplished mission of inter-communal rehabilitation in the west; controversial Chinese investment; rampant government corruption; and a desperate need for the rule of law. These burdens, the legacy of previous governments, will put Suu Kyi's political mettle to the test.

Of course, no single solution will be a silver bullet. Given the magnitude of these problems, it's unrealistic to think that Burma's new civilian government will be able to effectively tackle each in its five-year term. Still, people have high expectations for Suu Kyi, born from their long-held belief that she is the only one who can change their lives and indeed their country for the better. It was this very notion that motivated citizens to overwhelmingly vote for her party in November's general election. So it will be interesting to see how, and to what extent, the new government will be able to meet people's sky-high expectations.

Suu Kyi's mantra is that "a government should serve its people, not oppress them." It's hoped that the NLD-led administration will remember this as it steers the country in the years to come. After more than five decades of brutal military rule, followed by five years of a controversial quasi-civilian government, it's refreshing to have a people-centered government.

Yet regarding this much-hyped change that is supposedly right around the corner, the NLD should keep in mind that people are never patient for very long. History has shown that strong supporters can quickly become even stronger enemies. We believe the new government has what it takes.

The post The Day We Have Been Waiting For appeared first on The Irrawaddy.

With $40k Fine, ANP Tells Legislators to Speak Up or Pay Up

Posted: 01 Apr 2016 06:02 AM PDT

ANP lawmakers ahead of a regional parliament session in Arakan State's capital Sittwe on March 24. (Photo: Min Aung Khine / The Irrawaddy)

ANP lawmakers ahead of a regional parliament session in Arakan State's capital Sittwe on March 24. (Photo: Min Aung Khine / The Irrawaddy)

RANGOON — The Arakan National Party (ANP) has told its legislators that if they accept a state-level ministry position from the National League for Democracy (NLD) without informing the party, they will be fined more than US$40,000.

On Friday, ANP central executive committee (CEC) member Aung Mya Kyaw told The Irrawaddy that ANP lawmakers had verbally agreed to this arrangement more than a month ago, placing a seemingly unenforceable fine of 50 million kyats ($42,000) on violators.

ANP Lower House lawmaker Khin Saw Wai said that over the past few weeks, ANP's regional lawmakers assembled in Arakan State's capital Sittwe and agreed not to accept any offer from the NLD government without first informing the party.

But there are legal challenges to this deal.

"What can the ANP do if someone accepts an offer?" Khin Saw Wai asked. "They need a contract. With just a verbal agreement, they can't do anything."

Aung Mya Kyaw said that if someone breached this agreement, they would be kicked out of the party and taken to court.

Last week in Naypyidaw, NLD chairwoman Aung San Suu Kyi held a meeting with ANP lawmakers to discuss formation of the state government. Four days later, ANP lawmakers in the state legislature walked out on a session upon learning that an NLD member of the chamber had been appointed to the Arakan State chief minister post.

The ANP won 23 of 47 state parliament seats in November's election, but as the national winner of the election, the NLD selected the state minister post, as is the party's prerogative under the country's 2008 Constitution.

According to Sittwe-based media outlets, the NLD-appointed Arakan State Chief Minister Nyi Pu said ANP members would be included in the state cabinet, but that the NLD would select them.

The post With $40k Fine, ANP Tells Legislators to Speak Up or Pay Up appeared first on The Irrawaddy.

With NLD at the Helm, Public Awaits the Release of Political Prisoners

Posted: 01 Apr 2016 05:41 AM PDT

Student protesters at the standoff in front of a monastery in Letpadan, March 3, 2015. (Photo: JPaing / The Irrawaddy)

Student protesters at the standoff in front of a monastery in Letpadan, March 3, 2015. (Photo: JPaing / The Irrawaddy)

RANGOON — While many celebrated Burma's long-awaited handover of power on Wednesday, hundreds of jailed dissidents who have agitated for this democratic moment missed out.

"There shouldn't be any political prisoners under a democratic government," said Nyan Linn, a former political prisoner and member of the 88 Generation activist group.

Human rights advocates hope that the newly sworn-in National League for Democracy (NLD) government will unconditionally release all remaining political prisoners.

"They [political prisoners] hope to be released before Thingyan [an annual water festival taking place from April 12 to 16] or if not, right after, with presidential amnesty," Nyan Linn said.

Such a feat would be remarkable this early within the new government's honeymoon period.

In recent history, Burma's jails have hardly ever been without political prisoners detained for opposing a repressive military regime that ruled for over half a century. Thousands were killed or jailed for their role in anti-government protests following a 1962 military coup and the nationwide pro-democracy uprising in 1988.

According to the Assistance Association for Political Prisoners (AAPP), there are currently 100 political prisoners behind bars and another 420 awaiting trial, including students facing what are seen as arbitrary charges doled out for demanding education reforms.

"Students did nothing wrong. I'm expecting the release of political prisoners, including students, before Thingyan. This would make people very happy," said Ko Ni, a lawyer.

Ye Htut, the former information minister and a presidential spokesperson, said in November that the President could not interfere in ongoing trials, referring to students who were detained after a crackdown on a protest in Pegu Division's Letpadan against the National Education Law in 2015.

But Ko Ni said that according to Article 490 of the criminal procedure code, the government can withdraw charges in ongoing cases through the legal officers of the township, and Article 401 allows for the President to commute or suspend sentencing.

"The first thing the new government should do is release political prisoners. And we believe they will, since many former political prisoners are in the new government," Jimmy, one of the leading members of the 88 Generation group, told The Irrawaddy.

In addition to pushing for the adoption of an official definition of "political prisoner," many NLD lawmakers, along with formerly jailed dissidents, have indicated that freeing political prisoners will be among the party's top priorities when it assumes power.

"If the new government doesn't do this, or if it only does something later, it will be criticized. It must free [political prisoners] because the military-backed government that took power following the 2010 election, which was largely unrecognized by the public, arrested many activists and journalists by using repressive laws," Nyan Linn said.

Indeed, during his five-year tenure, former President Thein Sein failed to make good on his government's 2013 pledge to free all political prisoners. According to the AAPP's Aung Myo Kyaw, 33,522 prisoners were released under Thein Sein's rule, 1,200 of which were political prisoners. Thein Sein's government also granted 19 presidential amnesties.

But there is caution to be had. Aung Myo added that although it is likely that the NLD will prioritize the release of political prisoners, the army still has constitutionally-enshrined control over three powerful ministries, including the Ministry of Home Affairs, which is in charge of the police force as well as the country's prison departments.

Moreover, while Article 204(a) of the 2008 Constitution vaguely states that the President is afforded the "power to grant a pardon," another clause suggests that presidential amnesties may require the involvement of the National Defense Security Council, which is effectively under army control, even with Aung San Suu Kyi, as Minister of Foreign Affairs, holding a seat on the powerful executive body.

"The Ministry of Home Affairs is key. Its collaboration is important," said Aung Myo Kyaw.

"But if the President has the authority to do so [as some legal frameworks say], all political prisoners can be released. The question is if this power lies with the President or army chief."

The post With NLD at the Helm, Public Awaits the Release of Political Prisoners appeared first on The Irrawaddy.

Bill Crowning Suu Kyi ‘State Counselor’ Passes Upper House

Posted: 01 Apr 2016 05:34 AM PDT

A military lawmaker reads a pocket-size Constitution during a Union Parliament session on March 28, 2016, in Naypyidaw. (Photo: Hein Htet / The Irrawaddy)

A military lawmaker reads a pocket-size Constitution during a Union Parliament session on March 28, 2016, in Naypyidaw. (Photo: Hein Htet / The Irrawaddy)

RANGOON— Burma's Upper House of Parliament on Friday approved legislation that would create a powerful remit for National League for Democracy (NLD) chairwoman Aung San Suu Kyi, whose responsibilities in the new government already include four ministerial portfolios.

During Friday's legislative session, the NLD-dominated upper chamber passed the "State Counselor" bill, proposed by President Htin Kyaw and submitted by the Upper House Bill Committee on Thursday, by a vote of 137-70. The secret balloting saw two lawmakers abstain.

The bill, which includes five chapters and eight articles, marked the first legislative initiative of the Upper House since Htin Kyaw was sworn in, and was tabled by seven lawmakers during the session. The text of the legislation explicitly designates NLD chairwoman Aung San Suu Kyi as state counselor, and has been widely interpreted as a move by the party leader to circumvent a Constitution that bars her from the presidency.

Military lawmaker Brig-Gen Khin Maung Aye spoke in opposition to the bill, saying it was not in accordance with the 2008 Constitution and would create conflicts of interest for Suu Kyi, given the extensive role she has carved out for herself in the new cabinet.

"According to Article 232[h] of the 2008 Constitution, the Union ministers shall be responsible to the President," he read. "So it clashes with clause 5[b] of the draft bill, which states that the state counselor shall be responsible to the Union Parliament," he continued.

He also said the bill would create a situation that allowed Suu Kyi to straddle the legislative-executive divide, taking power in both branches of government.

Lawmaker Myint Naing from the Arakan National Party suggested that legislation should not be drafted to include a specific name.

He recommended amending the wording to designate the "chairperson of the election-winning party" for the post, a change to Article 4.

A lawmaker from the former ruling Union Solidarity and Development Party (USDP) argued that it was important to have sufficient time to draft good legislation.

"Rushing to approve such an important bill would produce flaws and weakness in the law," he said.

NLD lawmaker Zaw Min, head of the Bill Committee, pushed back against opposition parliamentarians' constitutional concerns, saying that was the purview of the recently appointed Constitutional Tribunal.

"All the lawmakers who are now attending this session, including me, don't have the right to say that a bill is either not in accordance with or contradicts the Constitution," he said.

"This responsibility belongs to the Constitutional Tribunal, according to the Article 322(b) of the Constitution," he said, adding that it was "too early" to deliberate matters of constitutionality.

The bill states that the state counselor can give suggestions in the interests of the people and nation, as long as those proposals do not contravene the Constitution. The bill does not specify to whom those suggestions would be directed toward, and does not include any lawfully binding mechanism ensuring that the state counselor's suggestions are implemented.

Article 5(c) states: "The state counselor shall collaborate with the cabinet, government offices, organizations, associations and individuals to accomplish the goals of the bill."

Despite announcing publicly that she had set her sights on the presidency, the Nobel laureate Suu Kyi remains constitutionally barred from that office because her two children carry British passports, as did her late husband. Before the November election, she said she would be "above the president" if the NLD were to secure enough parliamentary seats to form the next government.

Secretary Dr. Myat Nyana Soe of the Bill Committee on Friday took to the floor and explained that the bill was drafted in order to implement the will of a public who voted in large majorities for the NLD and its popular leader Suu Kyi on Nov. 8.

With the bill's passage in the Upper House, lawmakers from the Lower House will take up the legislation for discussion next week.

The post Bill Crowning Suu Kyi 'State Counselor' Passes Upper House appeared first on The Irrawaddy.

Kachin Aid Worker Jailed for Defamatory Facebook Post Walks Free

Posted: 01 Apr 2016 04:39 AM PDT

 Patrick Khum Jaa Lee, left, with his wife May Sabe Phyu, a prominent women's activist, outside Insein Prison on Friday. (Photo: Pyay Kyaw / The Irrawaddy)

Patrick Khum Jaa Lee, left, with his wife May Sabe Phyu, a prominent women's activist, outside Insein Prison on Friday. (Photo: Pyay Kyaw / The Irrawaddy)

RANGOON — Patrick Khum Jaa Lee, a Kachin aid worker jailed last year for a Facebook post that a court ruled was defamatory to the military, walked free from Rangoon's Insein Prison on Friday, about one week ahead of completing his six-month sentence.

He had been serving time under Article 66(d) of Burma's Telecommunications Law, a defamation charge, in connection with a photo posted to his Facebook account that captured a man in ethnic Kachin attire stomping on a picture of the Burma Army commander-in-chief, Snr-Gen Min Aung Hlaing.

The 43-year-old Kachin aid worker was arrested on Oct. 14 and sentenced on Jan. 22, with his release Friday coming just about a week ahead of schedule.

Speaking outside Insein Prison following his release, Khum Jaa Lee maintained that he had been unfairly prosecuted.

"Laws are not to threaten and punish the people, but rather to protect the public, and additionally I don't want to live threatened by fear anymore, and I don't want people live with fear and worry any longer," he told The Irrawaddy.

Khum Jaa Lee walks free into a Burma of markedly different political dynamics than when he was jailed, with the National League for Democracy (NLD) sworn into power this week after a lengthy transition period. His arrest came less than a month before the high-stakes general election that saw the NLD trounce the military-backed Union Solidarity and Development Party (USDP).

Khum Jaa Lee on Friday highlighted the scores of political prisoners that remain behind bars in Burma, and called for their release, expressing confidence that the plight of these inmates was on the NLD government's radar.

"For me, to the newly formed government, to say something: Everything has to be totally new and I hope the government doesn't duplicate the old policy of the ex-government," he said.

In recent months a handful of cases similar to Khum Jaa Lee's have made their way through the courts, including one man who shared a poem on Facebook implying that he had an image of former President Thein Sein tattooed on his penis. That trial is ongoing.

The civilian-led government steered by NLD chairwoman Aung San Suu Kyi has promised to end prosecutions made on political grounds, but its ability to do so remains to be seen: The Myanmar Police Force and nation's prison system both fall under the Ministry of Home Affairs, led by the militarily appointed Lt-Gen Kyaw Swe, who does not answer to President Htin Kyaw.

Earlier in the week, a local USDP official was sentenced to six months in prison for sharing a fake nude image of Suu Kyi, and two days later saw the release of Chaw Sandi Tun, a 25-year-old NLD supporter who, like Khum Jaa Lee, was jailed in a defamation trial involving a Facebook post that antagonized the military.

Khum Jaa Lee suffered health problems while in prison, including numbness, high blood pressure and stomach pains, and was repeatedly denied bail on medical grounds during his trial. Though on Friday he said his health had improved, he still intended to see medical specialists to assess his condition.

The post Kachin Aid Worker Jailed for Defamatory Facebook Post Walks Free appeared first on The Irrawaddy.

Where Has Burma’s Peace Money Gone?

Posted: 01 Apr 2016 04:16 AM PDT

Burma's chief peace negotiator Aung Min—former head of the Myanmar Peace Center—is pictured in Thailand after meeting with ethnic armed group leaders in February. (Photo: Nyein Nyein / The Irrawaddy)

Burma's chief peace negotiator Aung Min—former head of the Myanmar Peace Center—is pictured in Thailand after meeting with ethnic armed group leaders in February. (Photo: Nyein Nyein / The Irrawaddy)

Under former President Thein Sein's government, over US$100 million poured into Burma's peace programs by foreign governments and institutions.

As the military-backed administration has given way to a National League for Democracy (NLD)-led government, questions linger about the transparency and influence of international funds on the peace process—critics argue that this aid has thus provided war-affected ethnic communities with little to no benefit.

In 2013, the European Union (EU) officially committed a total of nearly US$35 million to Burma's peace process—this cycle of funding ended on March 31. Japanese NGOs announced in 2014 a plan to spend a staggering US$96 million on development projects in Burma's ethnic areas over the next five years. Yet the community-based ethnic Karen Peace Support Network responded by calling for a moratorium on such large-scale development until a peace agreement could be reached.

From these figures alone, the total sum of money known to have been spent on peace stands at around US$130 million.

How were these funds spent?

The money was designated to support the peace-related projects, organizations and start-ups that mushroomed under Thein Sein's quasi-civilian government. One of the biggest recipients of aid was the Myanmar Peace Center (MPC), an advocacy body affiliated with the government which was founded in 2012.

The Myanmar Times reported that before the end of his tenure, ex-President Thein Sein dissolved the MPC and ordered its properties to be transferred to two new non-governmental organizations (NGOs): the Myanmar Peace Building Dialogue Center and the Peace and Development Foundation. Both are affiliated with former MPC staff; the latter will be led by Aung Min, who acted as MPC's head.

Hla Maung Shwe, an MPC senior advisor, told The Irrawaddy that the role of senior officials like Aung Min had concluded and that they were free to establish new initiatives, as long as their registration was approved.

"[Aung Min] can form his organization like many others do. He is independent now. He is not a government official. He can't be sued for forming an organization with the word 'peace,'" Hla Maung Shwe said.

Dividing the Spoils

Hla Maung Shwe maintains that the MPC has no property to distribute, and that anything on the organization's premises belongs to the former government.

"The MPC doesn't own anything," he said, denying allegations that senior MPC officials are reportedly splitting up the organization's assets among themselves, including office space, a meeting hall, and facilities such as vehicles, computers and other equipment.

Critics say it will be inappropriate if the MPC's assets end up in NGOs founded by the ex-MPC officials, since the property was paid for by international donors.

"It would be completely wrong for U Aung Min to use MPC assets, funded by international aid, to set up his own think tank. He has no mandate, and was rejected by voters in the election last year," said Mark Farmaner, director of Burma Campaign UK, a London-based advocacy organization. "The money should not go to the ex-government either, as they are just one side in the negotiations," he added.

However, Valerie Zirl, a public diplomacy adviser for the European Union Delegation to Burma, told The Irrawaddy that representatives the MPC and the NLD had "assured the EU that the internationally-sponsored assets of the MPC will be managed by the government as state property and remain available for the MPC or any successor institution."

But the MPC should not have received EU funding in the first place, Farmaner argues, highlighting the organization's lack of neutrality due to its ties to the military-backed government. The MPC was established by President Thein Sein to pursue his political agenda of persuading the international community to lift sanctions and give more aid, Farmaner said.

"By backing the MPC with millions of euros, [the EU] was seen by many ethnic people to have taken the government side," said Farmaner.

Nai Hong Sar, the vice-chairman of the United Nationalities Federal Council (UNFC), an umbrella organization of nine ethnic armed groups, also said that it would be inappropriate if the MPC's assets were transferred to the NGOs founded by the MPC senior officials.

"I think the MPC's property should be continuously used by the incoming government and peace advocacy organizations for peace-related works and activities," he told The Irrawaddy.

Where The Money Went

Beyond the MPC, international funding also went to more than a dozen peace-related organizations, including the Brussels-based Euro-Burma Office, Norway-funded Myanmar Peace Support Initiative (MPSI), British charity Inter-mediate, Japan Platform, The Nippon Foundation, and other start-ups, NGOs and ethnic armed organizations.

Some of these beneficiaries allocated international peace funding to the building of schools, clinics, and the delivery of food and supplies to vulnerable populations.

Yet analysts believe that the bulk of the international monies has been spent on meetings for peace talks, overseas trips by peace program stakeholders, hotel stays, employee salaries and fees for international consultants.

On the donors' dime, stakeholders including Burmese army officials, ethnic armed group leaders and peace negotiators travelled to Europe as well as to post-conflict nations such as Colombia, Indonesia, Philippines and Cambodia to study the countries' respective political transitions and systems of government.

MPC officials were regularly pictured in Thailand, Naypyidaw and Rangoon alongside privately hired airplanes, it is assumed, for travel to meetings.

Bertil Lintner, a veteran Burma expert and journalist said, "I wonder where that money went and is going. Peacemaking has become a lucrative business in Burma, with little or no regard for the suffering of ordinary people in the country's war zones."

Lintner pointed out that many individuals working for organizations like the MPC earn in a month what an ordinary Burmese citizen might make in five years or more. According to several sources from Western NGOs, it is believed that senior officials in the peace process can earn up to US$10,000 per month.

The Future of Peace Funds

Burma Campaign UK's Farmaner said that a lack of transparency surrounding aid to the peace process indicates that it is time for international donors to rethink their approach, and strive for more inclusivity.

This was echoed by Audun Aagre, director of the NGO Norwegian Burma Committee, who told The Irrawaddy that unbalanced support by international donors is the most pressing issue regarding current peace funding.

"I have been terrified by the lack of understanding by some international decision makers on huge international peace funds," he said. "Many [of them] mix up militia groups driven by economic interests with ethnic armed organizations mainly driven by political interests."

Zirl, of the EU, maintains that European funds for peace activities are dispersed ethically, across various regions, groups and populations in Burma. She said that the EU supported the MPC through a project worth US$4.2 million, which represents a fraction of Europe's total budget for peace.

"The EU stands ready to continue its support depending on the wishes of the incoming government and in line with their priorities," said Zirl.

But international financial support, Aagre said, should be channelled through both Naypyidaw and ethnic administration, contrary to what has been seen in previous years.

Under Burma's the military regime, education and health systems worked far better in areas controlled by the ethnic armed groups than they did in areas under Burmese government control, Aagre points out, comprising what he called "a ready-made federal structure."

"In stead of strengthening these systems, with a long term goal of merging the different structures into a federal union, the international community cut support, and channeled these funds through Naypyidaw with MPC as a gatekeeper," he said.

The Irrawaddy reporter Lawi Weng also contributed into this article.

The post Where Has Burma's Peace Money Gone? appeared first on The Irrawaddy.

Opponents of Hpa-an Cement Factory Score Victory—for Now

Posted: 01 Apr 2016 03:12 AM PDT

 Opponents of a cement factory project in Hpa-an Township, Karen State meet with leaders of Karen ethnic armed groups on Wednesday. (Photo: KESAN / Facebook)

Opponents of a cement factory project in Hpa-an Township, Karen State meet with leaders of Karen ethnic armed groups on Wednesday. (Photo: KESAN / Facebook)

RANGOON — Plans to build a cement factory in Karen State have been suspended following a mass prayer vigil held in protest of the development by residents of Hpa-an Township earlier this week, according to local sources.

Saw Moe Set, an officer from the economic department of Karen National Union (KNU) Brigade 7, told The Irrawaddy on Friday that "we all agreed to suspend the project, but we did not cancel it. We may continue discussions with the locals to start the project in the future."

He was referring to the four Karen ethnic armed groups with a presence in the area, including his own, the Karen National Liberation Army-Peace Council, the Karen Border Guard Force and the Democratic Karen Benevolent Army (DKBA). The decision was made on Wednesday, he said, after leaders of the four Karen armed groups met with locals opposed to the project.

A day earlier, hundreds of locals in the Karen State capital Hpa-an gathered to voice objections to the recently revived proposal to develop the cement factory, which was put on hold two years ago pending public consultation. The prayer vigil and protest was held amid concerns about the potential environmental and public health impacts of the project.

An unknown Chinese company was to build and run the factory under a 30-year build-operate-transfer agreement with the four Karen armed groups, Saw Moe Set said.

"If the project will have many drawbacks, we will not implement this project. If this project has benefits for our locals, we will implement it," he said, adding that the local population might get full electricity as part of the deal.

Saw Hla Kyaw, a local from Mi Karen village, site of the proposed cement factory, said: "It is a Chinese company from Yunnan. The factory will be built nearby the village, therefore our locals dislike it. They [the Karen ethnic armed groups' leaders] did not come to inform us directly yet that the project was suspended, we only heard about it from media."

The proposed plant, near Kawt Phyan Mountain, would reportedly have the capacity to produce 5,000 tons of cement per day.

There are already two cement factories in Hpa-an run by the government and the military's Union of Myanmar Economic Holdings Limited (UMEHL), which have a combined production capacity of 4,900 tons per day. Both factories are located in Myaingkalay town, with the new project just a few miles away from the current operations, according to the Karen Environmental and Social Action Network (KESAN).

Saw Tha Phoe, an ethnic Karen environmentalist from KESAN, told The Irrawaddy this week that the local population was facing enough health problems from the existing factories, which he linked to both air and noise pollution.

The post Opponents of Hpa-an Cement Factory Score Victory—for Now appeared first on The Irrawaddy.

Day 1 of a New Era

Posted: 31 Mar 2016 11:53 PM PDT

A man reads a National League for Democracy (NLD) campaign pamphlet during a party campaign rally in Rangoon on Nov. 5, 2015. (Photo: Soe Zeya Tun / Reuters)

A man reads a National League for Democracy (NLD) campaign pamphlet during a party campaign rally in Rangoon on Nov. 5, 2015. (Photo: Soe Zeya Tun / Reuters)

RANGOON — This morning, Burma wakes up to a new era under a National League for Democracy-led government, which was sworn in on Wednesday but did not officially take up its duties in full until today.

No one underestimates the size of the tasks ahead. The new government starts its work laden with enormous inherited challenges, including the constitutional limits to its powers, but it is also armed with a huge electoral mandate and a reservoir of public and international goodwill.

The hard graft now begins. On this remarkable day—the result of last November's vote, when the people voted en masse for change—we briefly revisit just a few of the priorities the NLD laid out in its 25-page election manifesto, which it must now set out to achieve.

In the big picture, the manifesto states that "it is time to change the lives of our people." That means the NLD will "strive for a) Ethnic affairs and internal peace, b) a Constitution that ensures that all the people of our country can live together in tranquility, c) a system of government that will fairly and justly defend the people and d) the freedom and security to prosper."

Those are the main, broad and admittedly ambitions. Below are 12 more specific policy picks, in the NLD's own words, from various categories of the manifesto:

Ethnic Affairs and Peace: Work to ensure a fair distribution across the country of the profits from natural resource extraction, in accordance with the principles of a federal union.

System of government: Establish a judicial system that is fair and unbiased. …  The judiciary must stand independently and on an equal footing with the legislative and executive branches.

Foreign Policy: To have close and strong relations with the UN, the World Bank, the International Monetary Fund, and other such organizations. …  To give particular emphasis to the role of civil society organizations in communicating with the international community.

The Economy: We will give genuine independent authority to the Central Bank. We will strive for monetary stability and the development of a financing system that can provide for capital financing requirements, including for local business owners, owners of SMEs, entrepreneurs, and farmers.

Agriculture: We will work towards the development of a modern farming sector, the fair resolution of farmland disputes, the establishment of land tenure security, and transparency in line with laws and regulations regarding the protection and transfer of farmland.

Natural Resource Extraction and Use:  We will work to ensure that extractive projects are planned transparently and that the public is informed. We will establish a dedicated fund to ensure that the profits of such projects are used for the long-term development of the country.

Education: [We will] Develop dedicated education programs for children who face difficulties in gaining a primary-level education, such as children with mental or physical disabilities, children living in poverty, and children living in remote areas. …  Ensure that universities have autonomy over their own curriculum and governance, and the ability to conduct independent research.

Health: We will increase the national health budget, and enable a reduction in the level of out-of-pocket expenditure incurred by the public for medical treatment.

Energy: The construction of the large dams required for the production of hydropower causes major environmental harm. For this reason, we will generate electricity from existing hydropower projects, and repair and maintain the existing dams to enable greater efficiency. … For household electricity production, we will encourage the systematic development of small private energy production enterprises such as solar energy, biogas, rice-husk fuel, and mini-hydropower systems.

Sharing of Environmental Resources:  We will eradicate the monopolistic management and unfair distribution and usage of natural resources. …  We will establish a system that can resolve environmental disputes.

Women: We will work to ensure that female workers receive the same compensation as their male counterparts for equivalent work, and that there is no gender discrimination with regard to workplace promotions.

Communications: We will ensure that the public is informed in a transparent manner about the activities of the three branches of government. …  We will support the rights of television and radio broadcasters, print media [magazines, journals, newspapers, etc], and telephone and internet service providers to compete openly on the free market.

The items above were chosen from various categories of the manifesto. The full document should be consulted to gain the precise context of each item. Available on the NLD's website, the manifesto remains a useful guide to the new government's ambitions, and a yardstick against which its future performance may be measured.

May the work begin!

The post Day 1 of a New Era appeared first on The Irrawaddy.

India’s Once-Gleaming Golden Temple Dulled by Air Pollution

Posted: 31 Mar 2016 11:39 PM PDT

The Golden Temple is seen illuminated as Sikh devotees throng the shrine, in Amritsar, India, on Sept. 14, 2015. (Photo: Reuters)

The Golden Temple is seen illuminated as Sikh devotees throng the shrine, in Amritsar, India, on Sept. 14, 2015. (Photo: Reuters)

AMRITSAR, India — The chronic air pollution blanketing much of northern India is now threatening the holiest shrine in the Sikh religion, making the once-gleaming walls of the Golden Temple dingy and dull.

There is little to be done short of replacing the 430-year-old temple's gold-plated walls—an expensive project already undertaken more than a century ago and then again in 1999.

To cut down on pollution, environmentalists and religious leaders have launched a campaign that includes persuading farmers to stop burning spent crops to clear their fields, removing industry from the area and cutting back on traffic. A community kitchen called a "langar" that serves up to 100,000 people free meals every day at the temple is also switching from burning wood to cooking with gas.

But so far the campaign hasn't had much impact, with change happening slowly and still no pollution monitoring equipment installed.

"As far as pollution goes, we are paying attention," said Jaswant Singh, environmental engineer at the State Pollution Control Board, a government regulatory authority. "We are in the process of procuring equipment so that we can check the pollution area, pollution from every source on a day-to-day basis."

Officials have also banned burning trash or cooking with certain fuels in restaurants and communities nearby, but enforcement so far remains weak. The city also wants to build an electricity station to stop people from using diesel-fueled generators, but Singh could not say when that might happen.

"The pollution degrading the Golden Temple is growing," said environmental activist Gunbir Singh, who heads a group called Eco Amritsar. "We need to do a hell of a lot of work to protect the holy city status of this city."

It's unclear how much replacing the gold plating would cost, but it would surely be high.

"This is gold. The cost would be huge, but still would not be a problem," Gunbir Singh said, suggesting Sikh devotees would rally behind the cause if needed. "Most of the activity that goes on there is based on donations—people will take off their bangles and rings and leave them if work needs to be done."

Thousands of Sikh devotees and tourists every day visit Amritsar, the main city in Punjab state, to see the 17th century shrine, surrounded by a moat known as the "pool of nectar," or "Sarovar," and housing the Sikh holy book, the Guru Granth Sahib. Most of the world's 27 million Sikhs, whose monotheistic religion originated in Punjab in the 15th century, live in India.

The country suffers some of the world's worst air pollution, thanks to a heavy reliance on burning coal for electricity, diesel in cars and power generators, and kerosene and cow dung for cooking and lighting homes. Heavy construction amid a decade-long economic boom has also kicked up huge clouds of dust, and farmers still regularly clear their fields with fire, sending even more black carbon into the air.

The capital of New Delhi was named by the WHO as the world's most polluted city, while Amritsar—about 390 kilometers (240 kilometers) to the north—was ranked India's ninth most polluted.

The Golden Temple is not the only major monument to be affected by pollution. The white marbled Taj Mahal has also become dirty from pollution from the nearby city of Agra, and every few years, workers from the Archaeological Survey of India place mud packs on its walls to keep them from turning yellow and brown.

But many across the country remain unaware of the risks in breathing unhealthy air, even as scientists warn it is sickening countless Indians every year. About 1.4 million Indians were killed by illnesses related to air pollution in 2013, according to a recent study by researchers at the University of British Colombia, in Vancouver.

That tally will only rise unless pollution levels are drastically curbed, experts have said. Instead, the pollution is getting worse, according to NASA satellite images revealing particulate matter in the air. An analysis last month by the environmental group Greenpeace showed the overall concentration of PM2.5—the tiny lung-clogging particulate matter suspended in the air—increasing 13 percent from 2010 to 2015.

With pollution fast damaging the Golden Temple, some in the Sikh heartland said they were reminded of their religious duty to protect nature.

"Our holy book teaches us that the air is the teacher, the water is the father and the earth is the mother. So we have to be mindful of all the elements of nature as true Sikhs," the environmentalist Gunbir Singh said.

Authorities plan to ban vehicles from the area immediately surrounding the shrine. "Even the devotees will have to come on foot," said Harcharan Singh, who heads the Shrimoni Gurudwara Prabhandak Committee, which oversees the six major Sikh temples across India.

But efforts have been slow, and officials admit so far incomplete.

Sikh preacher Baba Sewa Singh said he and his devotees have tried to help mitigate the pollution threat by planting more than 100,000 trees in the region.

"If anyone asks about the saplings," he said, "we plant then for free in their villages."

The post India's Once-Gleaming Golden Temple Dulled by Air Pollution appeared first on The Irrawaddy.

You Were Always on My Mind

Posted: 31 Mar 2016 10:28 PM PDT

President Htin Kyaw

You Were Always on My Mind

The post You Were Always on My Mind appeared first on The Irrawaddy.

Vietnam Elects First Chairwoman of Parliament

Posted: 31 Mar 2016 10:22 PM PDT

 Nguyen Thi Kim Ngan arrives at the National Convention Center for the last day of the 12th National Congress of Vietnam's Communist Party in Hanoi, Vietnam, on Jan. 28, 2016. (Photo: Reuters)

Nguyen Thi Kim Ngan arrives at the National Convention Center for the last day of the 12th National Congress of Vietnam's Communist Party in Hanoi, Vietnam, on Jan. 28, 2016. (Photo: Reuters)

HANOI — Vietnam's parliament on Thursday elected Nguyen Thi Kim Ngan as its chairwoman, making her the first woman to lead the Communist-dominated legislature.

Ngan, 61, won 95.5 percent of the votes, the National Assembly said on its website.

State media reported that Ngan took the oath of office, vowing to "be completely faithful to the country, people and the Constitution."

Ngan rose from director of the finance department in her home province of Ben Tre in the southern Mekong Delta to vice chairwoman of the assembly five years ago.

Her appointment was widely expected when she was re-elected to the powerful Politburo at the Communist Party Congress in January.

On Wednesday, the assembly voted to relieve chairman of the assembly Nguyen Sinh Hung of his duties.

Hung, who was not re-elected to the Politburo, should have served out his term when the new legislature meets in July, but officials have said that new leaders selected for the top positions of the ruling Communist Party should be appointed to lead the assembly, state and government.

The assembly will vote later Thursday to end the term of President Truong Tan Sang, and he will be replaced by Tran Dai Quang, the current public security minister, on Saturday.

The legislature will also relieve Prime Minister Nguyen Tan Dung of his duties and elect his deputy Nguyen Xuan Phuc to head the government next week.

The moves will formally complete the election process that started with the Communist Party's Congress in January.

The post Vietnam Elects First Chairwoman of Parliament appeared first on The Irrawaddy.