The Irrawaddy Magazine |
- Jade Companies Threaten to Sue Trespassing Prospectors
- Regional Parliamentarians Lament Continued Govt Centralization
- New Law Proposed to Protect Citizens Against State Surveillance
- Gun-Brandishing Police Officer in Hpakant Detained, Facing Internal Investigation
- Mon and Karen Forces Clash in Dawei District
- Burma, Czech Republic Sign MoU on Trade
- Armed Forces Chief to Kofi Annan: Solutions Must Win Arakanese Approval
| Jade Companies Threaten to Sue Trespassing Prospectors Posted: 09 Sep 2016 08:20 AM PDT  Small-scale miners at work in Hpakant. (Photo: JPaing / The Irrawaddy) RANGOON—Jade mining companies in upper Burma have threatened to sue jade prospectors taking small stones from dumping areas, in an announcement made by Sagaing Division jade operators in a state-run newspaper on Friday. Newspaper Myanmar Ahlin said that seven licensed jade mining companies operating in Nan Si Pon jade region in Hkamti Township, Sagaing Division have released a joint notice, saying they possess full-term jade mining licenses from the Ministry of Mines which includes residual jade in the designated dumping areas. The notice warns prospectors to stop illegally entering dumping areas in search of residual jade within seven days of Sept. 7, adding that legal action will be taken against violators. Khine Nan Shwe, Aung Htee Phyu, Zabu Thiri, Htet Yi Lin, Myauk Kyon Thu Mama, Min Htet Oo and Lin In Ar companies posted the notice in the newspaper. U Aung Thein, secretary of the Mandalay Gems Traders Association, said many hand pickers have entered jade mines illegally in Sagaing Division and Kachin State to search for small stones in waste dumps. "There is less security in those areas," he said. "I have heard that people are hand-picking in big groups without approval from the mine owners, causing considerable trouble. That's why they agreed to this announcement." According to the Myanmar Gems Enterprise, under the Ministry of Natural Resources and Environmental Conservation, there are warning signs posted by the ministry to deter prospectors from entering jade mines illegally. "By law, nobody can enter someone's boundaries without approval, so if jade mining companies have not given hand-pickers permission, they cannot," said U Min Thu, director of Myanmar Gems Enterprise. "Companies have given notice to these people before taking this most recent action," he said. Mining companies have complained to local authorities and ministry officials about this problem before. Police and legal experts suggested giving prior notice before taking action against them. "That's why jade companies have made this announcement public," U Min Thu said. More than 5,000 jade mines in Sagaing division and more than than 6,000 mines in Kachin State continue to operate as government licenses expire across the country. U Min Thu said these numbers are falling as licenses cease to be valid. Jade mining in Kachin State was suspended in 2012 after the breakdown of a 17-year ceasefire between the government and the Kachin Independence Army. After government approval, mining operations continued, halting temporarily in early 2015 when renewed fighting broke out before a more widespread resumption of armed conflict in March of last year. The new NLD government decided not to renew jade mining licenses, prompting 310 companies to cease operations as of last month, as listed by the Ministry of Natural Resources and Environmental Conservation. The government has announced that all remaining jade mining licenses will expire in 2018, and licenses will only be considered for renewal after the completion of an environmental management plan for jade mining areas of Kachin State. The post Jade Companies Threaten to Sue Trespassing Prospectors appeared first on The Irrawaddy. |
| Regional Parliamentarians Lament Continued Govt Centralization Posted: 09 Sep 2016 08:15 AM PDT  NLD lawmakers stand in the Rangoon Division parliament. (Photo: Moe Myint / The Irrawaddy) RANGOON — Burma's civilian-led government recently marked five months since the transfer of power from the country's previous, military-backed administration. The Irrawaddy explored the ongoing challenges facing regional parliamentarians in the new system by surveying six National League for Democracy (NLD) lawmakers from Pegu, Irrawaddy and Rangoon division parliaments, and six representatives from parliaments in ethnic states, including those serving in the Arakan National Party (ANP), the Kachin State Democracy Party (KSDP), the Shan Nationalities League for Democracy (SNLD) and the once-ruling Union Solidarity and Development Party (USDP). In interviews, parliamentarians discussed and reflected on the first official 100 days in their divisional legislatures, a period which ended in August. Regional lawmakers revealed a struggle surrounding limited transparency and a sense of helplessness they attribute to continued centralization in the country's young government. Lawmakers decry lack of transparency from Arakan State government On Aug. 22, at a session of the Arakan State parliament, Khin Maung Htay, an ANP legislator from Ann Constituency (2), submitted a question: do we have the right to know the government's 100-day plan for our state? The inquiry was in reference to the period from May 1 until mid-August. "I have no idea about the government's 100 day project, so that's why I'm asking this question," he said. Arakan State, like Burma's other states, has a set of appointed ministers who are largely members of the ruling NLD. Arakan State's municipal minister, Min Aung of the NLD, simply replied by referring Khin Maung Htay to a government press conference held on July 22 in the state capital of Sittwe, pointing out that many "respected" individuals and civil society representatives had been invited, leaving nothing left to explain in the regional parliament. "He didn't say anything about the specifics of the 100-day plan," Khin Maun Htay said, adding that he assumed the regional government was continuing the development of infrastructure throughout the state—projects started by the previous government—although this could not be confirmed. Budgets were specified by the former administration, and there is concern that the Arakan State government is working through its annual budget at an alarming rate by continuing projects prioritized by previous leadership. "As a representative of my constituents, I must know the status of ongoing projects. I want the [state government] to explain details in the [state] parliament for all lawmakers." The Irrawaddy phoned Min Aung multiple times for comment, but was not able to reach him. USDP lawmaker Htun Hla Sein, from Maungdaw Township, also said he felt ignored by the government; talking to parliamentarians, he argued, should be viewed in the same way as "talking to the public," he said. Another outspoken ANP lawmaker Kyaw Zaw Oo of Sittwe's Constituency (2) spoke with The Irrawaddy over the phone, and lamented the lack of "effort" made by government ministers to keep MPs up to date with relevant facts and figures. He admitted that he had not heard any updates on budget allocation, and wondered if centralization of government was to blame. "Many problems are handled by the central body [the Union government], and sometimes I don't think the Chief Minister can do anything here," he said. Kachin, Shan lawmakers highlight regional limitations Meanwhile, members of the Kachin and Shan state parliaments identify as a key challenge determining whether a legislative issue is of regional or national importance, and the implications of introducing it in the regional or Union-level parliament. For KSDP parliamentarian Maran Ja Seng Hkawn, representing Kachin State's Ingyan Constituency (2), the controversial Myitsone dam is planned for construction within her area, at the confluence that forms the Irrawaddy River. Yet if the China-backed hydropower project proceeds, the impact would be felt nationwide. She described being "censored" after attempting to discuss the dam in the NLD-dominated Kachin State parliament, with the House Speaker reportedly rejecting a debate on the issue, pointing out that the state lacks power to make decisions on such matters due to restrictions laid out in the 2008 Constitution. Tu Ja, chairman of the KSDP, said, "The centralization is not much different from the previous government." Ongoing fighting between government troops and the Kachin Independence Army (KIA) has been met with silence from the Kachin State Chief Minister, leading MPs to question his influence and authority in the state; would the Burma Army listen if the Chief Minster ordered a halt to the attacks? Tu Ja went as far as declaring that "nothing has changed at the state level," since the shift to a civilian-led government in Naypyidaw, lamenting continued armed conflict in Kachin State. "The state government knows [there is fighting], but they do nothing about it," he said. Ja Seng Hkawn recommends that greater authority be granted to the state level, particularly regarding the ability to respond to clashes, but until the military-drafted 2008 Constitution is amended, regional powers will continue to remain limited. Fighting between ethnic armed groups and the Burma Army has also continued in northern Shan State, even as the 21st Century Panglong peace conference commenced in Naypyidaw on Aug. 31. Regional MP Nang San San Aye, representing the SNLD in Hsipaw Township, said she is still awaiting a government plan for resettlement and rehabilitation of internally displaced communities in Shan State. The state's Chief Minister—Linn Htut of the NLD—she said, had not yet addressed the conflict or the displacement. At the very least, she said, the state government could have instructed the Burma Army to halt troop reinforcements in areas of conflict. Like Kachin State's Ja Seng Hkawn, Nang San San Aye told The Irrawaddy that every time she brought up concerns about armed conflict in the state parliament, the House Speaker rejected her proposal, deferring such issues to the Union government. "Armed clashes are not happening at the Union level—they are happening around ethnic Shan communities. Awaiting instructions from the Union level government would not help our people," she said. Communication challenges within divisional governments Rangoon Division lawmakers Myat Min Thu and Daw Khaing Mar Htay also describe being kept in the dark regarding government planning, budgetary matters and construction projects. Despite legislators' inquiries about definitive timeframes or action plans, the MPs that The Irrawaddy spoke to said that ministers often fail to provide accurate information. "Some ministers make promises," said Irrawaddy Division parliamentarian U Khin Win. "But I don't know whether or not they have done as they said." Nyi Nyi Htwe and Thet Win Hlaing, lawmakers from Pegu Division, admitted that they knew little of their government's plans for the first 100 days in power. A legislator from the Irrawaddy Division parliament, Khaing Zin Oo, attributed these issues to the newness of the NLD-led government, pointing out that ministers are still learning how to apply and adhere to government procedures. In order to improve communication and working capacity, the director of the Tanpadipa Institute, Khin Zaw Win, said that regional governments should "explain their projects" to the parliament. Centralization and a lack of transparency could continue, he warned, if the majority of state and divisional parliaments continue to be dominated by only one party, with mostly NLD lawmakers and appointed NLD ministers. "I don't hold out much hope with this government. Their actions involve an 'information blackout.' That will not take us in a good direction," Khin Zaw Win said. He recommended the development of stronger checks and balances between legislatures and ministers, especially over decision-making. The requirement to wait for instructions from the Union government delays urgent action when it is most needed, he explained, pointing to the lack of power afforded to the divisional government during a recent measles outbreak in the Naga Self-Administered Zone in Sagaing Division. Moreover, constituents who voted in support of particular parties view a lack of transparency as irresponsible, he said: regional cabinets must release all information relevant to regional lawmakers. Khin Zaw Win encouraged chief ministers of states and divisions to be aware of the importance of their role. "They have the power to act, but do not dare to apply that power out of fear of being disqualified [from their post]," he explained. "They are just waiting for orders from the central body." Irrawaddy Division MP Khin Win said that it would take time to develop a more efficient working system. "The country has been torn for several decades. How could that be solved within 100 days?" he said. The post Regional Parliamentarians Lament Continued Govt Centralization appeared first on The Irrawaddy. |
| New Law Proposed to Protect Citizens Against State Surveillance Posted: 09 Sep 2016 06:31 AM PDT  A Special Branch officer records as student activist Nanda Sit Aung talks to the Reuters news agency during an interview at Thayawady court, during a mass trial of student protesters in Pegu Division, August 25, 2015. (Photo: Reuters) RANGOON — A new bill to protect citizens' privacy, security and freedom from state surveillance and intrusion was submitted to Parliament on Thursday by the Lower House Bill Committee. Despite democratic reforms since 2011, and the coming to power of an elected civilian government in April of this year, Burma retains much its surveillance and repressive security apparatus, which remains under the control of the military. Plain-clothed "Special Branch" officers, a division of the police under the military-controlled Ministry of Home Affairs, can still freely intrude on people's privacy—taking pictures, videos and sound recordings of ordinary citizens, collecting material that can be used against them in legal suits—and keep a particularly close watch on political and civil society activists. The bill prohibits unwarranted household arrests and inspections, and surveillance of individuals and their private communication in a manner that harms their privacy or dignity, barring the approval of the President or Union ministers. The draft law also states that no one can request or provide private communication logged by telecom operators, unseal private letters and parcels, intrude on an individual's private affairs and family life, and seize citizens' moveable or immoveable property. These intrusions are permitted under the frequently vague provisions of Burma's existing laws. Under previous military and military-backed governments, political dissidents, student activists, and journalists routinely had their phones tapped and their movements closely followed by both Special Branch and Military Intelligence officers. U Aung Myo Kyaw of the Assistance Association for Political Prisoners said he welcomed the bill because it would help protect the rights of the individual, which have been severely curtailed in Burma over a long period. "Not only under the previous government but up till now, we have been facing these kinds of [abuses]. It is unchanged. In some areas, if we arrive to hold a public event, there is surveillance of our movements. Influential politicians and former political prisoners are still facing this," he said. He said that, during the military regime that ruled Burma over five decades, thousands of politicians, student activists and their associates were jailed or closely followed. "If they want to know what we are doing, they can ask and take the information directly from us. But stalking and secretly taking pictures of us shouldn't happen now. But since there was previously no legal protection from those kinds of things, they kept doing it. If the law is enacted, it will provide for the protection all citizens. But everyone, especially special branch officers, the police and administrators, need to follow it," U Aung Myo Kyaw added. The bill proscribes a punishment to anyone who violates the law with prison terms of up to five years and a fine of 2,500,000 kyats (US$2,050). "In the past, we always felt insecure. We were anxious at night that we'd get a knock on our door and be arrested," U Tun Tun Hein, chair of the Lower House Bill Committee and a former political prisoner, told reporters at the parliament on Thursday. "But under democracy, citizens shall live and sleep without such anxiety," he said, adding that the government "needs to be held responsible" for ensuring citizens' privacy and security. "After the law is enacted, you can file a complaint with the police if you suspect that your phone is being tapped or have experienced household inspections without a warrant," he said. The post New Law Proposed to Protect Citizens Against State Surveillance appeared first on The Irrawaddy. |
| Gun-Brandishing Police Officer in Hpakant Detained, Facing Internal Investigation Posted: 09 Sep 2016 05:59 AM PDT  Police Lieutenant Soe Zaw Zaw threatening locals at gunpoint on Tuesday. (Photo: Facebook) A police officer who threatened local villagers in Kachin State's Hpakant Township at gunpoint has been suspended and detained, pending an internal police investigation. On Tuesday, at a meeting with locals of Hmaw Pon Village in Lone Khin Village Tract of Hpakant Township regarding the election of 100-household administrators, Police Lieutenant Soe Zaw Zaw took out and pointed his gun at the villagers during an argument. A video file of the incident, in which he is heard threatening to shoot the villagers, went viral online, drawing extensive public criticism. The police lieutenant later apologized to the villagers, who accepted his apology, said Lower House lawmaker U Tint Soe, who represents Hpakant Township. But the lawmaker considered the police officer's behavior unacceptable and he called on the authorities to punish him for his misconduct. "I found his behavior in the video terrible. So, I immediately asked the [Kachin State] chief minister to take legal action against him. Police Battalion 16 will now conduct an internal police investigation. He will be detained at Hpakant police station until Sept. 13," U Tint Soe told The Irrawaddy. "The reason for [officers] holding arms should be to protect the people, not to harass them. They must avoid abusing their power in an issue which is none of their business," said U Tint Soe. Police Battalion 16 is mainly responsible for providing security for jade mining businesses in the Hpakant area. Dashi La Sai, a National League for Democracy lawmaker in the Kachin State parliament, said: "We have never heard of a police officer threatening [people] with a gun during a [local] election, although there are cases of police firing warning shots against illegal [jade] prospectors." Translated from Burmese by Thet Ko Ko. The post Gun-Brandishing Police Officer in Hpakant Detained, Facing Internal Investigation appeared first on The Irrawaddy. |
| Mon and Karen Forces Clash in Dawei District Posted: 09 Sep 2016 05:48 AM PDT  Members of the Mon National Liberation Army on maneuvers in Ye township, Mon state (Photo: NMSP/Facebook) RANGOON—A clash erupted Thursday afternoon between the Karen National Liberation Army (KNLA) and the Mon National Liberation Army (MNLA) in Tae Chong village of Dawei District. The two ethnic armed groups both claim land in the area, also known as Tavoy, in Tenasserim Division. "Members of the Karen National Union [KNU] came into the village," Nai Win Hla, a spokesperson from the New Mon State Party (NMSP), told The Irrawaddy Friday. "Two of their members came to observe our army base nearby. On their way back, two of our soldiers chased them, they fought back and a short firefight broke out." The spokesperson reported no casualties from MNLA soldiers but that one soldier from KNLA—the armed wing of the KNU—was wounded by a gunshot, according to local residents. The NMSP informed Burma's Joint Monitoring Committee (JMC) of the incident; the group oversees the implementation of 2015’s nationwide ceasefire agreement, which the KNU/KNLA signed, but the MNLA opted out of. The NMSP also told the Dawei regional government and contacted KNU's liaison office in Dawei to meet and resolve the problem, Nai Win Hla reported. According to local Mon and Karen sources, tensions have been high in recent months because ethnic Mon have begun growing rubber plants on an area claimed by KNU in the past but currently controlled by the MNLA. "First, they [KNU] wanted ethnic Mon growing rubber plants in the area to get out, then they even wanted our troops to move out from these areas," NMSP spokesperson Nai Win Hla said. "We have been based in this area since before we signed the ceasefire agreement with the government [in 1995, and renewed in 2012]. But now the KNU are saying this area belongs to them, this is the dispute that caused the fight to break out." The Irrawaddy contacted the KNU liaison office in Dawei and a staffer confirmed that there was a fight with the Mon but said that they were not available to discuss it further. An ethnic Karen Dawei resident close to the KNLA, who asked to remain nameless, said "this is not ethnic conflict; it was just a land dispute." The source said that after the KNU tried to remove a Mon rubber farmer from a KNU-controlled area, the rubber farmer called the MNLA, leading to the clash. The post Mon and Karen Forces Clash in Dawei District appeared first on The Irrawaddy. |
| Burma, Czech Republic Sign MoU on Trade Posted: 09 Sep 2016 03:42 AM PDT  U Ai Tun (middle) at the Czech-Burma economic forum in Prague this week (Photo: Lin Thant) PRAGUE, Czech Republic — Burma and the Czech Republic entered into historic economic relations on Monday when the two countries signed a memorandum of understanding (MoU) on economic cooperation. The International Business Promotion Centre (IBPC), the second largest independent business association in Burma, and the Confederation of Industry of the Czech Republic signed the MoU at a Czech-Burma economic forum in Prague. It is the first of its kind in six decades. U Ai Tun, chairman of IBPC, said the MoU covers Czech investment in Burma, Burma's exports to the Czech Republic, and cooperation between Burmese and Czech business professionals in mining and agricultural production. "The Czech Republic is a technologically advanced country; they export good quality machinery for a reasonable price. My company has already bought machinery from them," said U Ai Tun, who is also the chairman of Shwetaung Development Co. The signatories view the bilateral cooperation as an entry point to the EU market for Burma and a way into the Asian market for the Czech Republic. František Chaloupecký, vice-chairman of the Confederation of Industry of the Czech Republic, said his country is not only interested in exporting to Burma, but also wants to promote bilateral relations with Burma as an economic partner. He said the Czech government knows that Burma's banking system and intellectual property rights issues remain challenges, but the Czech Republic is ready to help the country with those sectors. The Burmese business delegation comprised over 30 members and will finish its trip to Europe on Sept. 12. They plan to sign a similar MOU with Croatia. "Suffice to say our mission was successful," business delegation leader U Ai Tun said of the Czech Republic visit. Translated from Burmese by Thet Ko Ko The post Burma, Czech Republic Sign MoU on Trade appeared first on The Irrawaddy. |
| Armed Forces Chief to Kofi Annan: Solutions Must Win Arakanese Approval Posted: 09 Sep 2016 02:58 AM PDT  Arakan State Advisory Commission chairman Kofi Annan meets with Burma's Commander-in-Chief Snr-Gen Min Aung Hlaing on Thursday in Naypyidaw. (Photo: Senior General Min Aung Hlaing / Facebook) RANGOON — Burma's armed forces chief Snr-Gen Min Aung Hlaing warned the Kofi Annan-led Arakan State Advisory Commission that proposed solutions to the communal conflict in the state must win the "approval" of the Buddhist Arakanese community. Ascribing the Buddhist-Muslim conflict in large part to labor migration during the colonial era, and illegal migration thereafter, the senior general conveyed a hard line on the issue—consistent with previous governments—reiterating that "Bengalis," as the Rohingya are routinely termed, do not belong to Burma, falling outside of the 135 recognized ethnicities. At the meeting on Thursday in Naypyidaw, he said, "the wishes of ethnic people are pivotal," under a definition that excludes the Rohingya. "We have to consider ethnic unity and democracy […] not only citizenship," he said—a likely reference to the widespread rejection among the Burmese public of the Rohingya's claim to being rightful citizens of the country. He also recommended that the commission take into account the "historical context and background of the communal conflict in Arakan State." The senior general went on at length about agricultural labor migration from Bengal in India to the Arakan coast from the late 1880s—when Burma was merged with India under the colonial British administration—and violent confrontation between Buddhist and Muslim communities dating back to 1942 during World War II, as well as the Burmese government's failure to control migration in the 1970s while "cracking down on communists" in the north-east of the country. "We have 135 ethnicities, including eight national races, in the country. But there is no Bengali ethnicity," said Snr-Gen Min Aung Hlaing. The senior general stated that the Rohingya—the large majority of whom remain stateless—would be assessed for citizenship under the 1982 law. The law places considerable barriers to citizenship for those, like the Rohingya, whose ethnicity is not officially recognized, and establishes different tiers of citizenship with diminishing rights. "If they consider themselves [fit for the citizenship], they should feel free to be verified," he said, in reference to a continued citizenship verification drive in Arakan State. The senior general also claimed that the Arakan State conflict was "not based on religion," instead being attributable to "people instigating riots using religion as a pretext." He claimed that Burma scored well on religious freedom, having "accepted" Muslim communities in Burma for a long time, and that Muslims currently occupy "senior levels" in the civil service. Kofi Annan—the Ghanaian former UN secretary-general and peace envoy appointed by State Counselor Daw Aung San Suu Kyi to lead the new advisory commission—stressed during the meeting that the commission would only make "recommendations" to the government, and would "take a holistic approach, not only on citizenship but also regional development." The former UN secretary-general arrived in Burma on Sunday. First meeting with Daw Aung San Suu Kyi in Rangoon, he traveled to Arakan State earlier this week with the new commission, meeting with Buddhist and Muslim community representatives—and facing protests from several hundred Buddhist Arakanese on their arrival and departure—before meeting with President U Htin Kyaw and Snr-Gen Min Aung Hlaing in Naypyidaw. The formation of the advisory commission was announced by the State Counselor's Office in late August. The commission is comprised of three international members, including the chairman Kofi Annan, and six from Burma—two Buddhist Arakanese, two Muslims (from Rangoon) and three representing the government. According to the state counselor, the commission will "investigate the root causes of the conflict in Arakan State and develop a reconciliation process between the two religious communities in the region." Communal violence, mostly directed against the Rohingya, took place across Arakan State in 2012 and 2013, displacing up to 140,000 people, the vast majority Muslim. Buddhist and Muslim communities remain segregated across most parts of the state, with restrictions placed on displaced Muslims' movements and access to public services. The advisory commission drew criticism soon after its formation. The Arakan National Party and the Union Solidarity and Development Party (USDP) objected to the inclusion of the international members, because it would "interfere with Burma's sovereignty." Their fears chiefly revolve around the likelihood of the international members siding with the Rohingya. Daw Aung San Suu Kyi has attempted to allay concerns, stating that "no one can interfere with our sovereignty—sovereignty is owned by all people, not only by the government.' This week, a heated debate took place in the Lower House of Parliament, with 148 lawmakers—including military representatives and members of ethnic parties and the USDP—calling for international members of the commission to be replaced with local academics. However, 250 lawmakers from the ruling National League for Democracy defeated the proposal. After the eruption of violence in 2012, former President U Thein Sein formed the 27-member Arakan Investigation Commission. Given the continued displacement and religious segregation across Arakan State, the panel's mission of "conflict resolution and reconciliation between the two groups" could not be said to have made much headway over four years. Zaganar, a former member of the investigation commission, told The Irrawaddy that the previous government failed to act on the commission's findings. "I think less than 20 percent of our [recommendations] were carried out. I don't know why they failed to do so," he said. The former political prisoner said he is hopeful for the new Kofi Annan-led commission, believing that the inclusion of the international members would help the international community understand the root causes of the conflict. "It would be good if the government could properly implement their recommendations, provided they are beneficial for the country. But it's too early to say […] we still don't know what the recommendations will be," he said. The post Armed Forces Chief to Kofi Annan: Solutions Must Win Arakanese Approval appeared first on The Irrawaddy. |
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