Thursday, May 18, 2017

The Irrawaddy Magazine

The Irrawaddy Magazine

Election Commission: NLD Did Not Violate Regulations in By-Election

Posted: 18 May 2017 07:38 AM PDT

RANGOON – The Union Election Commission (UEC) announced in a statement on Thursday that they would not take action against the ruling National League for Democracy (NLD) party, after 13 rival political parties accused the NLD of violating election rules and regulations during Burma's by-elections in April.

NLD chairperson and State Counselor Daw Aung San Su Kyi, NLD patron U Tin Oo and central committee member U Win Htein addressed the country in a televised speech on April 1, the day of the by-elections. Members of 13 other political parties pointed out that the NLD leadership referenced their party's new campaign slogan, "Together With the People," during the speech, thereby breaching UEC rules.

In Thursday's statement, the UEC said that, according to their assessment, the NLD party leaders had not reached beyond the code of conduct, as the speeches mainly served to explain government activities to the public.

"Hence, the UEC announces, no action will be taken [against the NLD] regarding the complaint letters," the statement read.

Dr. Nanda Hla Myint, a spokesperson for the Union Solidarity and Development Party—which had initially complained to the UEC—told The Irrawaddy on Thursday that the electoral commission's decision was "unfair" and criticized the UEC's statement as being too broad.

He added that the parties in question had presented the complaint in accordance with party registration law, electoral law and laws laid out in the Constitution.

"We will consult with others to continue the objections, but I can't provide details right now as I am not a professional lawyer," said Dr. Nanda Hla Myint.

The NLD's by-election campaign slogan was made official after it was posted on the official Facebook page of the State Counselor's Office on March 30.

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ANP Chairman: NLD Should Build Trust With Military, Amend the Constitution

Posted: 18 May 2017 05:43 AM PDT

NAYPYIDAW — Arakan National Party (ANP) chairman Dr. Aye Maung has urged the ruling National League for Democracy (NLD) to build trust with the Burma Army, with an eye to amending the military-drafted 2008 Constitution through Parliament.

"Wouldn't a constitutional amendment benefit the peace process? If the NLD thinks so, there must be a channel to amend the Constitution—and that would be amending it in Parliament," U Aye Maung, who is also the lawmaker for Ann Township, told reporters in Naypyidaw.

While in opposition, the NLD held nationwide campaigns with the 88 Generation Peace and Open Society to amend Section 436, which restricts further amendments to the Constitution.

The section requires that at least 75 percent of lawmakers approve proposed amendments to much of the Constitution, a difficult feat in a Parliament that guarantees 25 percent of seats to the military.

"Constitutional amendments will mean a positive turn in civil-military relations. There must be negotiations and compromises between the forces," said U Aye Maung.

"The Parliament under the previous government had tried to amend it but it didn't happen. Shouldn't the current Parliament give it a try?" he added, referring to parliamentary votes proposed by an NLD lawmaker in June 2015.

The votes posited to trim the share of ballots required to amend the Constitution to 70 percent and amend a constitutional clause that bars anyone whose spouse or children are from foreign countries from becoming president or vice president. Daw Aung San Suu Kyi's late husband and two sons are British citizens. Both votes were rejected.

U Aye Maung said the Constitution cannot guarantee self-determination and equality for Burma's ethnicities.

"We have to try to amend the 2008 Constitution if we want to establish a genuine Union," he said.

"Our party has a policy to try to amend the Constitution within the legal framework within five years," Dr. Soe Win Oo, vice chairman of the NLD Rangoon Division chapter, told The Irrawaddy. "Given the situation of the country, we have to take careful steps, taking everything into account."

NLD chairperson and State Counselor. Daw Aung San Suu Kyi, has also suggested amending the Constitution within the legal framework in a way that least impacts "national reconciliation."

The country has had three Constitutions: the first was drafted in 1947 and used from Burma's independence in 1948 to 1962, when the regime under dictator Ne Win suspended it.

Ne Win became president at the time the second Constitution was introduced in 1974. The military-based State Law and Order Restoration Council (SLORC) suspended the 1974 Constitution in 1988 and Burma remained without a Constitution until 2008. The 2008 Constitution has been widely criticized for being undemocratic.

Lower House speaker U Win Myint told reporters last year that the Constitution could be amended only after peace is achieved in the country.

Translated from Burmese by Thet Ko Ko.

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Northern Alliance Plans to Send Committee to Panglong

Posted: 18 May 2017 05:34 AM PDT

RANGOON — The Northern Alliance urged that all ethnic armed groups and political parties be invited to attend the upcoming 21st Century Panglong conference without restriction, in a statement issued by the group.

The statement added that it would send a committee—known as the Federal Political Negotiation and Consultative Committee—to the peace conference if other groups were not left out.

Northern Alliance members—the Kachin Independence Army (KIA), Arakan Army (AA), Myanmar National Democratic Alliance Army (MNDAA) and Ta'ang National Liberation Army (TNLA)—recently met with the United Wa State Army (UWSA), Shan State Progress Party (SSPP) and National Democratic Alliance Army (NDAA) in Panghsang, the capital of the Wa Self-Administered Zone.

Representatives from each group agreed that if the government did not invite all of the groups, then none of them would attend.

The groups also asked the Burma Army to cease offensives in ethnic areas and to meet with their committee soon.

Sources from the government's Union Peace Dialogue Joint Committee (UPDJC) said Nationwide Ceasefire Agreement (NCA) non-signatories would be invited to join the Panglong conference as observers, and only after they signed a deed of commitment (DoC). Under this status, they would be unable to participate in discussions during the conference.

The Northern Alliance statement did not comment on whether it would join if it were invited under observer status.

Brig-Gen Tar Phone Kyaw, General Secretary of the TNLA and a member of the Northern Alliance, told The Irrawaddy: "If we do not have equal rights, we [the TNLA] will not attend."

"If Daw Aung San Suu Kyi's government and the Tatmadaw [Burma Army] want peace in the country, they should have courage and let all ethnic armed groups attend the conference. There should be no restrictions. Otherwise, it will be difficult to build a Union," he said.

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Family of Three Dies After Eating Toxic Puffer Fish in Arakan State

Posted: 18 May 2017 05:28 AM PDT

RANGOON – A family from southern Arakan State's Gwa Township died after eating a lunch of puffer fish curry late Wednesday morning, according to local police.

The puffer fish is recognized as a potentially toxic delicacy among Gwa residents, but some consume the tender flesh by removing the thorny skin, as well as the stomach, intestines and liver. These parts contain tetrodotoxin, a neurotoxin that causes rapid paralysis, leading to respiratory failure.

A Gwa police officer said that fisherman Ko Toe Myint Swe, of Shweya Chai village in Ma Kyi Ngu village tract, brought home a puffer fish and cooked it without properly removing the intestines or liver.

The police official said Ko Toe Myint Swe, his wife Ma Nwe Nwe Hlaing and six-year-old daughter Ma Lin Latt Wai were unconscious within moments of having lunch.

Locals transported the victims to Gwa hospital, arriving at around 11:30 a.m.

"As the patients reached the hospital, Ko Toe Myint Swe died within a couple of minutes. Then, his daughter passed away. Ma Nwe Nwe Hlaing was able to explain the troubles to doctors for a few minutes and then her soul left her body," the police said.

A local free funeral service volunteer Ko Kyaw Myint Maung, who helped bring the victims to Gwa general hospital on Wednesday, said that villagers from the region typically know that the bile in the gallbladder of the puffer fish can be life threatening, and noted that hunters use it as poison to kill wild animals.

"Every fisherman knows that eating meat of the blowfish is okay, but having the liver and intestines can be life threatening," Ko Kyaw Myint Maung said, speculating that the victims may not have fully removed the bile.

Police said that the medical report listed the cause of death as food poisoning. The Irrawaddy was not able to obtain comments from Gwa general hospital at the time of reporting on Thursday.

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Govt Details $460 Million Plan to Combat HIV/AIDS

Posted: 18 May 2017 04:21 AM PDT

RANGOON — The Union minister for Health and Sports Dr. Myint Htwe announced details of a US$460 million plan to combat HIV/AIDS in Burma at an event in Naypyidaw on Wednesday.

The Burmese government will contribute 18 percent of the budget with the rest funded by international organizations and NGOs—including the Global Fund to Fight AIDS, Tuberculosis and Malaria, Three Millennium Development Goals Fund, and UN agencies, according to the Myanmar National Strategic Plan on HIV/AIDS (2016-2020).

Savings of $100 million compared to the previous five-year plan were outlined by a stringent review of costs, with a reduced number of organizations and agencies implementing services to reduce overheads—a crucial move as global funding to combat the HIV/AIDS epidemic in Burma wanes.

According to the Myanmar Medical Association, there are around 200,000 people living with HIV in Burma, with an estimated 115,000 receiving antiretroviral therapy (ART).

The plan commits Burma to achieving UNAIDS' "five 90s" by 2020: 90 percent of priority populations having access to HIV combination prevention services, 90 percent of people living with HIV knowing their status, 90 percent of people living with HIV and knowing their status receiving treatment and having repressed viral loads, and 90 percent of people affected by HIV reporting no discrimination.

The plan promises further decentralization of HIV/AIDS treatment away from major cities—a process which began in 2013 and has expanded to 140 townships—as well as a shift as to who provides treatment, from NGOs to government hospitals and clinics.

Independent consultant on HIV Dr. Jamie Uhrig, who has worked in Burma, said transferring care for patients who previously received HIV treatment from nongovernmental organizations to government facilities was a "major undertaking."

"Global Fund financial resources for HIV treatment have been limited so there is a risk of a return to longer waiting periods before people living with HIV can start treatment," he told The Irrawaddy.

UNAIDS Country Director for Myanmar Mr. Eamonn Murphy noted that some NGOs would need to continue to provide treatment as the services are taken over by the government closer to 2020, but welcomed the plan for identifying and prioritizing the most effective ways of responding to the epidemic.

"It is a plan to be used, not to just [stay]sit on the shelf," he told The Irrawaddy on Thursday.

Mr. Murphy also praised geographic prioritization which categorizes townships based on HIV epidemic burden and risk of new infections and awards resources accordingly. The plan also allocates different approaches to reach different priority populations—including sex workers, men who have sex with men, and people who inject drugs—and improve their access to services.

The government's move to integrate prevention and treatment was a crucial step in ending the epidemic, he said, and applauded Dr. Myint Htwe's pledge to improve "health literacy" which will help to combat social stigma around HIV/AIDS.

Dr. Myint Htwe explained that "expanding health services for HIV/AIDS is good, but the real success is to bring down the number of new infections," and encouraged the prioritizing of an HIV awareness campaign, according to the health ministry's website.

Despite the government's commitment to HIV treatment, a black market for ART in Burma remains.

A doctor from Waibagi Communicable Disease Hospital in Rangoon's North Okkalapa Township who asked not to be named said: "Some HIV patients or those who work at organizations that supply ART sell it on the black market to HIV patients who are too afraid to take the medicine at hospitals."

The first five-year strategic plan was introduced in 2005 under Burma's military regime, and a second plan was finished in 2015. The National League for Democracy (NLD)-led government, after reviewing the new strategic plan, gave it the green light.

Since 2010, new infections in the country have fallen by 24 percent, and AIDS-related deaths have decreased by 40 percent, according to UNAIDS figures.

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Civil Society Forum Calls for End to Forced Conscription

Posted: 18 May 2017 02:49 AM PDT

RANGOON — The 16th session of the Civil Society Forum on Peace (CSFOP) has called for a countrywide halt to forced conscription.

Militia forces under the Burma Army and ethnic armed organizations (EAOs) have been conscripting locals in Kachin and Shan states, according to the CSFOP, a quarterly gathering of more than 70 civil society organizations (CSOs) and networks, held at The Orchid Hotel in Rangoon on May 15-16.

U Tin Oo, a CSFOP delegate and secretary of the Shan State Joint Monitoring Committee (JMC-S), said: "All the armed groups in northern Shan State are recruiting the locals without their consent."

He said militia under the Burma Army based in the Kaung Kha area had been recruiting one person per household in the region's Kutkai Township.

U Tin Oo also urged both sides to deescalate military tensions and refrain from planting mines in places accessible to civilians.

Daw Esther of the CSFOP claimed militias under the Burma Army and the Kachin Independence Army (KIA) were forcibility conscripting in Kachin State.

"There is always recruitment when clashes are fierce," said Mi Kun Chan Nom, a CSFOP delegate and spokesperson for Mon Women's Organization. "But we call for a stop to forced recruitment. We urge both sides not to conscript."

More than 170 locals fled their homes in Mawkmai Township, southern Shan State, for fear of conscription in the second week of May. According to the national ceasefire agreement, signatories are not allowed to recruit new members.

In an open letter of recommendations for the peace process, the CSFOP has asked the government, the Burma Army, and EAOs to stop conscription.

The letter urges the government to inform concerned signatories of the NCA two weeks in advance before holding national-level political dialogues in ethnic states so that they can properly prepare.

The letter also presses the government to clear mines, educate locals about the danger of mines, and not to block humanitarian aid for displaced people, but instead ensure aid for them in cooperation with CSOs.

It tells the government not to take action against CSOs under section 17(1) of the Unlawful Associations Act, introduced during the colonial era in 1908. Anyone who "aids and abets members of an unlawful association" can face two to three years in jail and a fine under the act. Most EAOs that have not signed the NCA are considered illegal organizations under the law.

In the letter, CSOs also urged the government to allow NCA non-signatories to participate in the discussion at the second round of the 21st Century Panglong peace conference, to begin on May 24.

Dated May 17, the letter was sent to State Counselor Daw Aung San Suu Kyi, Burma Army chief Snr-Gen Min Aung Hlaing, Union Peace Dialogue Joint Committee chairman Saw Kwe Htoo Win, and the Delegation for Political Negotiation of the United Nationalities Federal Council leader Khu Oo Reh.

Launched in August 2012, the CSFOP is held to represent and address the needs of people in the country's peace process. In the 16th session of the CSFOP, 175 delegates were in attendance.

Translated from Burmese by Thet Ko Ko.

 

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KNPP: We Will Not Attend Panglong Peace Conference

Posted: 17 May 2017 09:30 PM PDT

CHIANG MAI, Thailand — The Karenni National Progressive Party (KNPP) confirmed it will not join the upcoming Union Peace Conference next week nor sign the government-proposed deed of commitment (DoC) at a central committee meeting on Wednesday.

Khu Plu Reh, a KNPP secretary and spokesperson, told The Irrawaddy the KNPP would not join the upcoming peace conference—also known as the 21st Panglong peace conference—if it was invited as an "observer."
It would not sign the DoC as that was a pledge to pursue the government's path of the nationwide ceasefire agreement (NCA), he said.

"We stick to the United Nationalities Federal Council (UNFC)'s eight points until they are negotiated," he said, as the UNFC's delegation for political negotiation has been in talks with the government's Peace Commission for them to sign the NCA if their proposed terms are agreed.

"The government obstinately moves forward with the NCA roadmap, but they do it without finishing one step before another," Khu Plu Reh added, referring to the fact that national level dialogues—ethnic stakeholder consultations that are a key step in signing the NCA—had not been conducted by all groups.

At the peace conference, which begins May 24, delegates would sign a Union accord on five key sectors, despite many groups not being represented, he said.

KNPP appointed new central committee members on Wednesday, including the vice chairman and secretariat team, from its leading 33 committee members elected at their 13th congress last week.

Khu Oo Reh, former vice chairman, was reappointed into the same position and Shwe Myo Thant, Khu Plu Reh and Khu Daniel were appointed as secretariats.

The New Mon State Party, also a UNFC member, said they would not attend the upcoming conference as an observer.

The KNPP representatives joined the first round of the peace conference in August and September 2016, together with its bloc the UNFC and shared their position with the conference.

The government said they would invite NCA non-signatory ethnic armed groups with delegate status if they agreed to sign the DoC.

Although the government's peace commission led by Dr. Tin Myo Win and the UNFC's delegation for political negotiation, led by Khu Oo Reh, agreed at their last meeting on April 28 that they would meet again prior to the second round of Panglong, the UNFC has reportedly been unavailable to meet.

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National News

National News

Smoke-free zones to be designated in public areas

Posted: 17 May 2017 01:30 PM PDT

Public areas in cities across six regions and states will be designated smoke-free zones this year.

National-level certificates to be issued to skilled workers

Posted: 17 May 2017 01:27 PM PDT

As Myanmar progresses, the need for skilled workers in all sectors becomes critical for development and the Ministry of Labour, Immigration and Population is taking steps to ensure that 5000 workers are issued with National-level certificates.

Illegal shops, drains cause of flooding

Posted: 17 May 2017 01:23 PM PDT

The Cleaning and Motor Transport departments under the Mandalay City Development Committee (MCDC) are taking proactive steps to prevent flooding during the rainy season.

Farmers to use better seed production technology

Posted: 17 May 2017 01:21 PM PDT

Good seed production technology will be taught to local farmers and families in Kayin State to boost paddy yield for agricultural development, according to Kayin State Department of Agriculture.

Spot checks by FDA to ensure safe products

Posted: 17 May 2017 01:17 PM PDT

The Department of Food and Drug Administration (FDA) is making spot checks in the markets and retail shops around the Yangon Region to ensure products sold are safe and comply with regulations.

UPNC calls for talks with Govt

Posted: 17 May 2017 01:12 PM PDT

The newly formed Wa-led committee of Union Political Negotiation has called on the government and Tatmadaw to have talks before the upcoming second round of the 21st-Century Panglong Conference.

The Voice Daily chief editor, writer face defamation suit

Posted: 17 May 2017 01:05 PM PDT

A report under Section 66(d) of the Telecommunications Law has been filed by the military against the editor and writer of an article appearing in the The Voice Daily.

No plan for 6-day school week yet: MOE

Posted: 17 May 2017 12:50 PM PDT

The Ministry of Education has denied rumours that schools will have six-day week instead of the present five.

U Wirathu’s action does not damage our image: Ma Ba Tha

Posted: 17 May 2017 12:45 PM PDT

Controversial public Dhamma lectures by U Wirathu, a leading monk from the Association for Protection of Nationality and Religion (in Myanmar acronym, Ma Ba Tha) has had no impact on its image, Ma Ba Tha spokesperson Dr Ashin Thawparka said.
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Shan Herald Agency for News

Shan Herald Agency for News

Adopting ethnic state constitution and the issue of secession

Posted: 18 May 2017 12:08 AM PDT

Within these few days a lot of political maneuvering have been going on, like Kachin Independence Organization (KIO), Wa National Organization (WNO) resignation from United Nationalities Federal Council (UNFC); Karenni National Progressive Party (KNPP), New Mon State Party (NMSP) and Arakan National Congress (ANC) confirmation to stick to the Nationwide Ceasefire Agreement (NCA)-based peace negotiation process, provided their nine-point alteration proposal of the NCA is accommodated; China's Special Envoy on Asian Affairs Sun Guoxiang meeting with the NCA-non-signatory five Ethnic Armed Organizations (EAOs) in Kunming; Commander-in-Chief Senior General Min Aung Hlaing receiving a delegation led by Jonathan Powell from Inter Mediate group, who is said to be an adviser to State Counselor Aung San Suu Kyi on peace process; and Union Peace Dialogue Joint Committee (UPDJC) making public that the ethnic states and regions would now be able to individually draw their own constitution, which has to be in line with the 2008, Military or Tatmadaw-drafted constitution.

Out of all the issues, the UPDJC's decision that ethnic states being allowed to draft their constitutions is worth emphasizing, as the crux of the whole peace process dwells on the ability of whether or not a genuine federal union constitution is going to be formulated and agreed upon. In other words, the constitutional crisis that has plagued the country since independence from the British in 1948 would now be addressed, in a serious manner, which has been the cause of ongoing ethic conflict and shelved for more than five decades.

While the move is hailed by Zaw Htay, the director-general of the State Counselor's Office, including Hkun Okker of Pa-O National Liberation Organization (PNLO) and Kwe Htoo Win of Karen National Union (KNU), as a breakthrough, some are skeptical if this is going to be really beneficial to the ethnic states and their people.

"All are based on federal principles. It is an agreement that has never been made in our country. We will allow adoption of constitution in states and regions and all has agreed. That is why the forthcoming convention will be a historical milestone for Burma," said Zaw Htay, according to the recent Irrawaddy report.

However, a condition that the ethnic states would not seek to secede from  Burma was attached, which was said to be the guarantee the Military has asked for, in drafting the ethnic states constitutions. Furthermore, a federal right to adopt their own constitutions should not contradict the 2008, Military-drafted constitution, as it would take precedence in any possible disputes.

"Due to our [Burma's] geopolitical status, it is strategically imperative that we do not break into pieces," said Zaw Htay.  "We reached a consensus with ethnic delegations that they will be granted the right to draft their own constitutions, provided unity is maintained," according to the DVB report of May 15.

Some members of the tripartite UPDJC, that includes representatives of the government (including the Tatmadaw), political parties and eight signatory armed groups to the NCA, said the agreement to let the ethnic states adopt their own constitution is "extraordinary", and hoped that the conference which will commence on May 24 would produce good results, according to the Myanmar Times recent report.

But against such optimism, there were reservation from some quarters, involving experts and ethnic politicians.

Than Soe Naing, a political analyst, pointed out that in addition to granting states and regions a chance to draw their own charters, stakeholders should come up with a plan to make changes to the 2008 constitution, according to Myanmar Times.

"It seems that the Tatmadaw is changing its stance by allowing these matters to a certain extent. However, the truth is that the military wants the least amount of constitutional changes as possible. We cannot have a functional federalism unless we have effective power sharing. This is different from just letting the states or regions write their own charters," he said.

In the same vein, Sai Nyunt Lwin secretary general of the Shan Nationalities League for Democracy said such an important agreement, which in effect would encompass the whole country, needs a wider range of participants.

"What if the other groups are not involved in UPDJC's meeting, like the non-signatory groups or those that have not yet held national-level dialogues, then it would be a problem at a later time," he said.

But a more precise argument comes from Twan Zaw joint-secretary general of the UNFC, in an interview with the Radio Free Asia on May 14.

Regarding the question on what he thought of the UPDJC's endorsement of the ethnic states adopting their own constitution, he said: "This opportunity to draft its own constitution would not make much of a difference. The main point is that if this country is to be built as a federal union, there has to be a federal constitution and the ethnic states would need to have constitutions that cater to it accordingly."

He said that the Military had maintained that its 2008 self-drawn constitution has federal characteristics, but everyone knows that it is not the case. And if the ethnic constitutions were to be drawn under this prevailing condition, it wouldn't make much difference.

"During Thein Sein's government tenure, there were well publicized claims that `federalism is being accepted´, but it still hasn't been turn into reality. Likewise, the allowance of `ethnic states adopting their own individual constitution´ would be just a meaningless thing on the paper, if real norms of federalism wouldn't be included and materialized," he said.

Concerning the non-secession demand of the Military, he said that it was like shadowy ghost haunting, as far as the Military is concerned.

The Military staged a coup in 1962 with the pretext that the ethnic nationalities' Federal Amendment proposal would tear the country apart and labeled that it would lead to disintegration. This wrong indoctrination is still very much alive and he said this false thinking need to be corrected, as federalism  depicted unity or fusion and not disintegration, adding secession issue didn't even need to be discussed.

However, Dr Tu Ja, a Kachin leader who took part in the recent UPDJC meeting seems to be quite optimistic, as he said that although under the 2008 constitution equal ethnic state constitutions would not be able to be drawn, according to the seven-stage peace road-map of NCA, the stage four, Union Peace Conference, could be used to amend the constitution.

"And if the stage five of "Union (Pyidaungsu) Accord" would take the form of federal, the 2008 constitution must be amended. After that a new federal constitution would have to be promulgated by the parliament," Tu Ja said, according to the Irrawaddy recent report.

To sum up, the move to let the ethnic states have their own constitution is, no doubt, a positive move. But as mentioned by observers and ethnic leaders, first of all the federal constitution at union level needs to be agreed upon, after which ethnic states' constitutions could be drafted, with proper power-sharing between federal and state governments.

Regarding the demand of the non-secession from the Military, it is better to be left untouched, as the ethnic nationalities' political-historical legacy of "1947 Panglong Agreement; 1948 Union of Burma Constitution; and 1961 Ethnic Federal Amendment Proposal" are all intertwined and cannot be separated or nullified. The first two are legal bonds between the Bamar State and the ethnic states, and the third one, the only legal approach that would have resolved the ethnic conflict in 1962.*

The termination of the parliamentary, national conference on Federal Amendment Proposal by the Military coup in 1962 has pushed us further into a more deeply divided society, which we are still witnessing after more than five decades.

Apart from the fact that the issue of secession is the sole responsibility of the individual ethnic people concerned, in short, securing non-secession promise or signature won't be doing the trick to live together, which the dominant ethnic group sees – in this case the Bamar majority - it as a lost of territory, but more sincerity and trust-building will definitely do.

As the late General Aung San said, "The right of secession must be given, but it is our duty to work and show (our sincerity) so that they don't wish to leave". It is Burma's, or shall we say the government and Tatmadaw,  responsibility to prove their sincerity so the states do not wish to secede.

*For detailed explanation on ethnic nationalities' historical-political legacies please read "Jump-starting the stalled peace process - Is Revitalization of the 1961 Federal Amendment Proposal the Way to Go?", in Transnational Institute.

Link: https://www.tni.org/en/article/jump-starting-the-stalled-peace-process
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Wednesday, May 17, 2017

The Irrawaddy Magazine

The Irrawaddy Magazine

Burma Army Files Article 66(d) Lawsuit Over Satirical Piece

Posted: 17 May 2017 07:13 AM PDT

RANGOON — The Burma Army has filed a lawsuit against the chief editor and a columnist of The Voice Daily newspaper under Article 66(d) of the Telecommunication's Law over a satirical article questioning the country's peace process, according to the paper's executive editor.

The article titled 'Kyi Htaung Su Thitsar'—meaning 'Oath Made in a Nation of Bullets'—was written by the paper's regular columnist who goes by the pen name British Ko Ko Maung and published on March 26.

The title was a play on the army-produced film 'Pyi Htaung Su Thitsar'—translated as 'Union Oath'—that commemorated the country's 72nd Armed Forces Day and aired on state- and military-owned channels in early March.

Ko Aung Soe, the paper's executive editor, told The Irrawaddy they received a letter from Rangoon's Bahan Township police station on Wednesday, summoning the chief editor Ko Kyaw Min Swe and the satirist Ko Ko Maung, also known as Ko Kyaw Zwa Naing.

The lawsuit comes amid meditation held by the Myanmar Press Council between the paper and the military, which complained to the council about the article just before the Thingyan holidays in April.

The piece suggested that ethnic armed groups in the long-running civil war are united only in fighting one another. It said people in Burma do not need to leave the country to fight wars when they are a day's drive away from the frontline.

Lower-ranking soldiers die in ongoing battles while the leaders of armed groups hold peace talks and exchange smiles, Ko Ko Maung wrote.

In defense of the piece, he said it did not name specific institutions, groups, or the army, but satirized the generic situation of all the armed groups.

"I will respond to the lawsuit through legal channels," he told The Irrawaddy, adding that he would not apologize for doing what he believes in as a writer.

The Voice Daily published a note in its May 14 edition expressing its regret for the army's complaint. It stated that the article was humorous, constructive and did not intend to harm the image of the Burma Army or any other ethnic armed groups.

The press council's code states it has to take action within 15 days of receiving a complaint and settle a dispute between parties within 60 days.

Deputy chairman of the council, Dr. Myo Thant Tin, said the council was not aware of the lawsuit until The Irrawaddy contacted him for comment on Wednesday.

He said the mediation process between the paper and the military has not finished and there would be a meeting with the paper's representative on Thursday about the complaint.

 

The post Burma Army Files Article 66(d) Lawsuit Over Satirical Piece appeared first on The Irrawaddy.

Four Dead and Several Injured in Clash at Sagaing Jade Mine

Posted: 17 May 2017 06:20 AM PDT

MANDALAY – Four prospectors were fatally shot and at least a dozen people were injured during a fresh clash between prospectors and police on Wednesday at a jade mining region in Nan Si Bon, Hkamti Township, upper Sagaing Division.

More than 500 local prospectors from Nan Si Bon reportedly search for jade residue in the Ma Kyan Kha jade mining area, where restrictions were recently issued on entry and mining.

"Police have stopped the prospectors from entering and searching for jade residue since Tuesday night," said Ko Aung San Myint, a local of Nan Si Bon.

"Prospectors had a confrontation with police when they burned 38 fuel tanks and later apprehended a policeman. The police opened fire and four prospectors died," he added.

Another local, who asked to remain anonymous, said police opened fire near a waste pile where prospectors were working.

"I was there when police opened fire. I did not know what was happening but I was shot and saw police shooting toward the waste pile," said the injured local.

According to locals, the injured people were taken to Hkamti General Hospital.

The administrative office in Hkamti issued a warning on Monday that prohibited entry into the jade mining premises and order mining companies to cease work.

The warning also stated that illegal prospectors should stop their actions and leave the Ma Kyan Kha area by May 30.

The Emerald Jade Myanmar Company is currently working in the area and has sent complaints to the Sagaing divisional government over the past few months regarding local piling waste soil and the environmental impact. Complaints regarding the illegal mining of jade on company premises were also filed.

To solve the problem, the divisional government issued a notice on Monday to halt all mining and prospecting on the property until an investigation could be carried out.

The notice said no one should work while the authorities look into illegal mining, environmental impacts and rules and regulation for prospectors in line with the law, while ensuring stability and rule of law in the region.

According to the Hkamti District administrative office, prospectors were breaking martial law, which was enacted in the area on Monday.

"They broke into the area and then fought police who tried to stop them while destroying property as well," said U Zaw Zaw, a Hkamti district administrative officer.

"Nine policemen were injured also. The incident is under investigation," he added.

The post Four Dead and Several Injured in Clash at Sagaing Jade Mine appeared first on The Irrawaddy.

Screening Cancelled of Film Showing Army’s Role in Jade Trade

Posted: 17 May 2017 06:10 AM PDT

RANGOON — The screening of a new documentary showing Burma's jade industry as a driving force behind the country's armed conflict was cancelled on Wednesday after Park Royal Hotel in Rangoon announced it did not have permission to show the film.

The documentary Jade and the Generals by NGO Global Witness, released ahead of Burma's landmark Union Peace Conference (UPC) on May 24, examines how a fair peace deal could see powerful army families and companies losing out on vast profits from jade.

But the Park Royal Hotel, part of the Singapore-based Pan Pacific Hotel Group, provided the following written statement to Global Witness hours before the 1 p.m. screening: "We regret that we are unable to show the video as written permission from the Yangon Regional Government office is required prior to the event."

Global Witness' campaign leader Paul Donowitz said the NGO had a "very positive" meeting with the Ministry of Natural Resources and Environmental Conservation on Monday in which they screened the film. He added that two officials from the government's Myanmar Gems Enterprise attended Wednesday's event.

"I can tell you that the reasons provided by the hotel to Global Witness concerned perceived risks to their business interest associated with screening a film critical of specific powerful military figures," he told The Irrawaddy.

The hotel's general manager Jean-Marc Poli, who consulted Pan Pacific Hotel Group's legal and public relations offices in Singapore before the decision not to air the film, could not be reached for comment.

Kachin State in northern Burma is home to mines that produced jade worth up to US$31 billion in 2014—it is also the site of some of the worst fighting. In July 2016 reformers in the National League for Democracy (NLD) government implemented a suspension of jade licensing.

The film includes testimony from refugees and local leaders calling for an end to the fighting and reform of the trade that is driving it. Influential Kachin leaders and civil society groups are calling for the upcoming UPC to focus on fair, transparent and accountable management and allocation of natural resources in order to forge lasting peace.

"Most of the jade companies are connected to the army. It is very obvious that the army is protecting the jade business and trying to control the land," said Reverend Samson, the general secretary of the Kachin Baptist Convention, in an interview in the film.

Global Witness's latest documentary is a follow-up to its 2015 film titled Jade: Myanmar's 'Big State Secret'—a year-long investigation identifying a network of military elites, drug lords, and crony companies who illegally exploit jade for tens of billions of dollars a year.

The post Screening Cancelled of Film Showing Army's Role in Jade Trade appeared first on The Irrawaddy.

Police Detain Notorious Criminal in Mon State’s Ye Township

Posted: 17 May 2017 04:56 AM PDT

MOULMEIN, Mon State — New Mon State Party (NMSP) members handed over a notorious criminal to the Ye Township Police Force in Mon State on Wednesday after holding him for more than a month, according to party officers and police.

"We handed Akyine over to the police this morning," officer Nai Pin of NMSP's liaison office in Ye Township told The Irrawaddy.

Akyine is a local of Toe Tet Village in southern Ye Township and is accused of committing a string of robberies across southern areas of the township as well as Pauk Pin Gwin Village in Yebyu Township, Tenasserim Division.

"He is now in Ye Township, we are still investigating and then we will hold him on remand," said police officer Kyaw Myint, who escorted Akyine from NMSP officials in Dawei District.

Members of NMSP Dawei District chapter apprehended Akyine in April and kept him in custody at NMSP's Yay Chaung Pya headquarters before transferring him to police Wednesday, Lt-Col Nyan Tun, a member of the NMSP central executive committee, told The Irrawaddy.

"We arrested him around one month ago, before we held our central executive meeting. He is a henchman of notorious Avin. We captured him near Han Gan Village and confined him at our headquarters," said Lt-Col Nyan Tun.

Avin was the leader of a now-defunct powerful criminal gang which was active in Ye Township from 1995 to 2011. In February 2012, Avin, along with his gang members including Akyine, surrendered their arms to the Burma Army 19th Military Operations Command (MOC-19) based in Ye Township as part of a deal with the military.

This year, Akyine started to rob alone. On Feb. 17 this year, he allegedly robbed houses in Thae Khon Village, holding the village administrator as a hostage, the administrator of Kaw Hlaing Village Nai Shwe Moe told The Irrawaddy.

"He fired two shots [in the air], and took away gold necklace and rings worth around 4 million kyats that day," said the administrator.

In the fourth week of March, he sent a letter to a monastery abbot in Han Gan Village, threatening to disturb a planned religious ceremony if he was not paid 10 million kyats. The money was not paid, but he did not do anything.

Before the Burmese New Year in April, he also sent a letter to Pauk Pin Gwin Village, asking them to give him 10 million kyats. Villagers did not hand over the money, so Akyin kidnapped people outside the village and took around 1.5 million kyats.

Akyine. (Photo: Aung Naing Win)
A letter, in Mon language, sent to a monastery demanding ransom payment. (Photo: Aung Naing Win)

 

The post Police Detain Notorious Criminal in Mon State's Ye Township appeared first on The Irrawaddy.

China, Burma Sign Five Agreements

Posted: 17 May 2017 04:45 AM PDT

RANGOON — China and Burma signed five agreements on Tuesday regarding cooperation in economic development, health, and the preservation of historic monuments in Bagan, following a meeting between State Counselor Daw Aung San Suu Kyi and Chinese President Xi Jinping.

An agreement on Economic and Technical Cooperation, and a memorandum of understanding (MoU) on Cooperation within the Framework of the Silk Road Economic Belt and the 21st Century Maritime Silk Road Initiative were signed between the two countries.

A MoU was signed by both commerce ministries to establish a China-Burma Border Economic Cooperation Zone.

Another MoU was signed on health cooperation by Burma's Ministry of Health and Sports and the National Health and Family Planning Commission of China.

The Ministry of the Religious Affairs and Culture signed a MoU to cooperate on post-quake restoration and protection of historic monuments in Bagan with China's State Administration of Cultural Heritage.

State Counselor Daw Aung San Suu Kyi and the Chinese Premier attended the signing ceremony for the five agreements.

U Maung Maung Soe, a political analyst, said among the five, two stand out: the Framework of the Silk Road Economic Belt and the 21st Century Maritime Silk Road Initiative, and the establishment of the China-Burma Border Economic Cooperation Zone, adding that the level of country agreement on future MoU proposals remains to be seen.

It seems that China wants to open another economic zone on the China-Burma border near Chin Shwe Haw of Kokang, near the Muse Special Economic Zone, he said.

He also added that the One Belt, One Road MoU could be related to a deep-sea port project in Kyaukphyu which is still being negotiated by stakeholders from the two countries.

"We need to welcome economic investments but it is important to carefully considered who will control [infrastructure and development] projects," he said.

He added that to have equal control in joint ventures, the government needs to invest equally, but Burma's debts remain a problem and need to be considered, especially as electricity production is limited for industrialization.

The State Counselor was on her second official visit to China since the new government took office to attend China's Belt and Road Forum.

She met with Chinese President Xi Jinping and Premier Li Keqiang at the Great Hall of the People in Beijing on Tuesday.

The post China, Burma Sign Five Agreements appeared first on The Irrawaddy.

Farmers Fight ‘Official Ownership’ Application of Confiscated Lands Near Inle Lake

Posted: 17 May 2017 03:20 AM PDT

RANGOON — Farmers claiming ownership of confiscated land near Inle Lake, Nyaungshwe Township, southern Shan State have filed a complaint against businesses' application for official ownership documents of the land.

The former Shan State government acquired the land from locals for a proposed hotel zone project in 2012, but subsequently sold the land to businesses instead of establishing the hotel zone, farmers told The Irrawaddy.

As some buyers of the land have applied for ownership documents, original owners have filed complaints with concerned authorities, said U Aung Kyaw Myo, a resident of Ingyin Gon Village who had 20 acres of his land confiscated.

"I didn't accept compensation for the land acquired by the government, I together with other owners have filed complaints against the application of ownership documents," said U Aung Kyo Myo, adding that he wanted his land returned and would still not accept compensation.

Daw Naung Hni, who had 10 acres of her land taken also filed a complaint, but she has a different view: "It is not possible to get back my land in the original condition because roads have been built. So, I want to get decent compensation."

According to locals, a total of 620 acres of land were grabbed from six villages.

Dr. Tun Hlaing, Intha ethnic affairs minister of the current Shan State government, told The Irrawaddy that confiscation was not in line with the law.

"I'd say that land was grabbed unfairly. The [previous Shan State] government said it would build hotels, but sold the land to businesses instead. As far as I've learned, they sold the land for between 60 million and 90 million kyats per acre," he said.

"I'll try my best to give that land back to the original owners," the minister added.

U Khin Htwe and U Ko Ko Gyi from Rangoon applied for official ownership documents for the land in January, and 74 farmers filed complaints the same month.

Township authorities summoned five complainants, including U Aung Myo Kyaw, on May 11, according to the farmer.

"The deputy township administrator asked us if we have ownership documents for our farmland, and how we owned them. We inherited the land from our ancestors. And usually, people here do not have ownership documents," said U Aung Myo Kyaw.

Local farmers staged several protests against the confiscation of farmland under the previous government, but received no acknowledgement from authorities.

The 600 acres of confiscated lands include farmland, cropland, vegetable patches, fruit gardens, and bamboo plantations. Some of the original owners accepted compensation for their crops when the land was confiscated, but none of them received compensation for the actual land, according to locals.

Locals did not receive prior notice of land confiscations, and only knew about it when trucks arrived. Disputes arose and the proposed project was halted until now.

 

The post Farmers Fight 'Official Ownership' Application of Confiscated Lands Near Inle Lake appeared first on The Irrawaddy.

Arakan Education Dept Director Threatens Local Editor with Defamation Charges

Posted: 17 May 2017 02:12 AM PDT

RANGOON – The director of Arakan State's education department threatened to sue the editor of a local weekly journal under controversial articles 66(d) of Burma's Telecommunications Act and Article 505(b) of the Penal Code after he published an article uncovering malpractice in the education department.

U Aung Kyaw Tun told The Irrawaddy on Tuesday he was preparing to sue Kaung Mrat Naing, editor of Thazin Pan Khine (meaning tiger lady in Burmese), for an article titled "What's wrong with the salary of ethnic language teachers in Arakan State?" which was shared on the publication's Facebook on Monday.

"That guy [Kaung Mrat Naing] accused me of extorting one month's salary from ethnic language school teachers. I have never done this. That's publishing misleading information and insulting me," he said.

Article 66(d) of the Telecommunications Law, enacted under former President U Thein Sein's government in October 2013 has been increasingly used to stifle political dissidents and by individuals for personal retaliation against alleged defamation. Article 505(b) is a broadly defined charge, used to punish dissent in the past by punishing those who make statements that could "alarm the public."

It was unclear if U Aung Kyaw Tun himself or the education department would be the plaintiff in the case.

On May 1, disgruntled Arakan State teachers submitted a letter of complaint to the President's Office and the Ministry of Education, demanding an investigation of the regional education authorities of under-payments of a bonus for teaching ethnic language in schools, Thazin Pan Khine reported.

The teachers' letter stated that while teachers from other states and divisions were receiving a 30,000 kyats bonus each month for 10 months, 4,885 teachers in Arakan State received only nine months of bonuses.

Teachers from Myebon Township complained they were paid only eight months of bonuses and accused the deputy director and an official from the township education department of extorting 30,000 kyats from every individual.

Myebon Township education department later paid teachers one extra month of bonus.
U Aung Kyaw Tun told The Irrawaddy over the phone on Monday afternoon that the Union government allocated a budget for only nine months of bonuses for Arakan State and issued the payments to township level officials.

He declined to comment on whether other states and regions paid bonuses for nine months.
Editor of Thazin Pan Khine claimed that he presented the story fairly and that nothing was fabricated in the article. He said he would face the lawsuit in court if the director filed the case.

"The director of the education department should reconsider a trial in order to avoid unnecessary risks," Kaung Mrat Naing told The Irrawaddy.

Myanmar Press Council member U Myint Kyaw said even if the director of the education department is committed to bringing the case to court, he must first obtain the approval of the regional government for the trial or consult the state attorney as the case concerns government work.

"If he continues [without government approval] that will not be in line with procedure," said U Myint Kyaw, "the state government prosecuting a journalist would harm its image," he added.

U Myint Kyaw suggested the Myanmar Press Council mediate the dispute rather than bringing the case to court.

The post Arakan Education Dept Director Threatens Local Editor with Defamation Charges appeared first on The Irrawaddy.

Group Targets Rangoon Division for Next Petition Against U Wirathu

Posted: 17 May 2017 02:04 AM PDT

RANGOON — A group combating false teachings of Buddhist doctrines is collecting signatures across Rangoon Division for a petition against the ultranationalist monk U Wirathu.

The Anti-False Buddhist Doctrine Committee will send the petition to the State Sangha Maha Nayaka Committee, better known by its Burmese acronym Ma Ha Na, asking if the actions and speeches of U Wirathu are "moral" or not.

Formed in March as an outlet for netizens to protest against the monk's inflammatory racial and religious rhetoric, the committee's original 12 members delivered a petition of more than 500 signatures from Rangoon's Dagon (South) Township to Ma Ha Na on April 11.

But the state Buddhist authority did not reply, according to the committee's organizer Ko Myat Kyaw. This time, he said, the group is collecting signatures across the division for one month beginning from May 21.

"We'll take a step forward and demand more signatures," he said. "We'll try to put the petition directly in the hands of the Ma Ha Na senior monks and the religious affairs minister."

Membership of the committee has swelled to 50 people, added Ko Myat Kyaw.

Ma Ha Na banned U Wirathu, a prominent leader of the hardline Buddhist monk association known by its Burmese acronym Ma Ba Tha, from delivering sermons across the country for one year starting from March 10, because of his "religious hate speech."

Fellow Ma Ba Tha leader U Sopaka said the monk's words have "nothing to do" with Ma Ba Tha at a press conference in Rangoon on Tuesday.

Ashin Sopaka at a press conference about Ma Ba Tha on Tuesday in Rangoon. (Photo: Chanson / The Irrawaddy)

"We have a policy to discipline a member who tarnishes the image of Ma Ba Tha," he told reporters. "But we won't take action against anyone who doesn't violate the regulations. So far, none of Ma Ba Tha's members have done anything that deserves expulsion."

At the conference, Ma Ba Tha denied any involvement in a midnight confrontation between Buddhist nationalists and Muslims in Mingalar Taung Nyunt Township last week.

The group formed an association named 'Dhamma Wunthanu Rekhita'—translated as 'Champion of Buddha's Teachings and National Interests'—on April 29 to respond to accusations that are seen as damaging to its image.

The association will handle "cases that are not appropriate for Ma Ba Tha monks," according to its joint secretary U Aung Chit.

Maung Thway Chun, chief editor of Ma Ba Tha's nationalist weekly journals Tharki Thway and Aung Zay Yatu, chairs the association, which is overseen by Ma Ba Tha.

U Soe Tun Shein, owner of National Prosperity, which operates in Moehti Moemi Mines in Mandalay Division, is the secretary. His company has received criticism in the past

National Prosperity won a tender to mine gold in the area in late 2011, but in June 2012, workers from the hundreds of small mines in Moehti Moemi began protesting after the company allegedly reneged on an earlier verbal agreement to split all gold found in the area 50-50

The association will work within the legal framework on religious and educational matters "to facilitate national development," said U Aung Chit.

Last summer, Ma Ba Tha monks organized Dhamma—meaning the Buddha's teachings—classes for young students, which drew criticism from netizens after photos of anti-Muslim lessons went viral.

Translated from Burmese by Thet Ko Ko.

The post Group Targets Rangoon Division for Next Petition Against U Wirathu appeared first on The Irrawaddy.

Breaking News: Former Vice President’s Sister and Niece Die in Fire

Posted: 17 May 2017 01:55 AM PDT

RANGOON — The sister and niece of former vice president Dr. Sai Maukkham died in a fire in Muse Township, northern Shan State early on Wednesday morning, according to the former ruling Union Solidarity and Development Party (USDP).

The blaze at the two-story building, shared with a KBZ mini bank on Union Road, broke out around 2.45 a.m., according to Muse District administrator U Kyaw Kyaw Tun.

Local people said Dr. Sai Maukkham's sister owned the building.

"The fire department concluded that the fire was caused by a short circuit from Dr. Sai Maukkham's sister's side of the building. Both victims died from inhaling smoke," U Kyaw Kyaw Tun told The Irrawaddy.

The KBZ bank's senior managing director U Nyo Myint told The Irrawaddy the mini bank received little or no financial damage from the fire, as it only takes cash deposits and does not offer withdrawals.

Dr. Sai Maukkham served as vice president from 2012 to 2016 under President U Thein Sein.

The post Breaking News: Former Vice President's Sister and Niece Die in Fire appeared first on The Irrawaddy.

Stop Using Criminal Laws to Quash Peaceful Speech

Posted: 16 May 2017 11:24 PM PDT

When a group of high school and university students staged a play at a peace conference in Myanmar early this January, they never imagined that they would end up in prison.

The play, performed at a gathering of civil society organizations, satirically criticized those who supported the ongoing conflict between the Burmese military (the Tatmadaw) and ethnic armed groups.  According to the lead organizer of the drama, "the message of our drama is that we don't want wars."

After a video of the performance was posted online, a lieutenant-colonel in the army filed a criminal complaint accusing the students of defaming the army and, on January 25, nine students were charged with criminal defamation.  They now face up to three years in prison.

According to a police officer quoted in the media, the lieutenant-colonel lodged the complaint because the play, which included jokes about military wives having affairs while their husbands were away, "could disgrace and destroy the image of the Tatmadaw" and their families.

The charges against the students were filed under section 66(d) of the 2013 Telecommunications Act, a provision adopted by the then-military-controlled Parliament that criminalizes the use of a telecommunications device to "extort, threaten, obstruct, defame, disturb, unduly influence or intimidate" another person.  Use of the provision has risen dramatically since the new government, dominated by Daw Aung San Suu Kyi's National League for Democracy (NLD), took office, with at least 54 cases filed and eight people sentenced to prison in the past year.  While section 66(d) is only one of three laws that criminalizes defamation in Myanmar, it is the only one for which bail can be denied pending trial.

In recent weeks, Myo Yan Naung Thein was sentenced to six months in prison for criticizing the military commander-in-chief, while Aung Myint Tun was sentenced to six months in prison for posting on social media an erroneous report that NLD Central Executive Committee member U Win Thein had resigned due to health reasons. While Myo Yan Naung Thein was one of the prisoners who received a presidential pardon on April 12 in honor of New Year, he had already been detained for more than five months at the time of his release.

The law is so vague and overbroad that seemingly any criticism of government officials or the military can lead to arrest, detention without bail, and prosecution.  Concern over the breadth of the law is so great that a recent article in The Huffington Post on military commander-in-chief Min Aung Hlaing carried a warning that sharing the article on social media in Burma would result in arrest and prosecution under section 66(d).

With this and other laws being used to suppress dissent, the sense of disillusionment among activists who supported the NLD during its years in the wilderness is palpable. To be clear, only some of these cases have been filed by NLD members or on the instructions of NLD officials. Many are being filed by the military or its allies, perhaps as a test of the NLD's resolve and commitment to an open society. But the NLD has taken no visible steps to halt these attacks on freedom of expression.

The NLD's 2015 election manifesto included a promise to "revoke legislation that harms the freedom and security that people should have by right."  Many of those who voted for the party hoped that, at a minimum, people would no longer be going to jail for expressing their opinions.  To their disappointment, that has not been the case.

Some are translating their disappointment into action. Maung Saung Kha, who served six months in prison after being convicted under section 66(d) for "defaming" former president Thein Sein in a poem, is spearheading a new civil society group campaigning for amendment or repeal of the law.  On January 23, he and other activists, lawyers and journalists held a protest against the law in Yangon's Maha Bandoola Park.  Although U Soe Thein, director general of the communications department at the Ministry of Transportation, announced on April 11 that the ministry was discussing possible amendments to section 66(d), there is no indication that the ministry intends to end criminal prosecutions for peaceful speech and end the misuse of defamation and other military-era laws.

In opposition, Daw Aung San Suu Kyi and the NLD would have agreed with this simple proposition: no one should go to jail for insulting or criticizing a public official. The question is what they believe now that they share power with the military.

Burma's Parliament, which is dominated by the NLD, should move quickly to repeal all laws that criminalize peaceful expression, including the criminal defamation provisions in section 66(d), the Penal Code and the News Media Law. Pending repeal, Daw Aung San Suu Kyi should instruct her party members not to file any cases under the kinds of laws that once imprisoned thousands, including more than 100 current NLD members of Parliament, and President Htin Kyaw should make it clear that if the military or others file such cases it will be a waste of time, as he will pardon all those charged.

Until the ruling party acts to put an end to the arrests, harassment, and imprisonment of those who speak critically of the government or the military, the hopes of those who have long supported them will remain unfulfilled.

Linda Lakhdhir is a legal advisor in the Asia Division of Human Rights Watch, and the author of the 2016 Human Rights Watch report "They Can Arrest You at Any Time:  The Criminalization of Peaceful Expression in Burma."

The post Stop Using Criminal Laws to Quash Peaceful Speech appeared first on The Irrawaddy.
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