Friday, July 28, 2017

The Irrawaddy Magazine

The Irrawaddy Magazine


A Judicious Opportunity

Posted: 28 Jul 2017 07:50 AM PDT

HSIPAW, Shan State — The first thing that Irrawaddy journalist Lawi Weng said as he emerged from a prison van for the first session of his trial in the Hsipaw Township court was an enthusiastic "Hi, all."

Democratic Voice of Burma (DVB) reporters Ko Aye Nai and Ko Pyay Phone Naing—also detained in northern Shan State under the same charges of allegedly violating Article 17(1) of the Unlawful Associations Act—gave a thumbs-up to their awaiting family members, colleagues, and fellow reporters outside the courthouse.

Before the three men stepped out of the van in shackles, Lawi Weng pointed to his handcuffs and sarcastically declared with a laugh, "This is what we get for being journalists. This is democracy—our country is a democracy."

Thursday's court session marked the official start to the journalists' trial, 32 days since their arrest by the Myanmar Army for making contact with the ethnic armed group the Ta'ang National Liberation Army (TNLA) for a story. Since then, they have been in detention, marked by two arbitrary court appearances, held without the prior knowledge of family members or colleagues, and in which they were remanded to police custody.

As this session was open to the public, the courtroom was packed with members of the detainees' families and legal teams. I was among the journalists that had to stand next to the windows outside in order to witness the trial, as there was no space for us inside.

The judge agreed to consider the defense lawyers' request for bail, stating that he would rule on it during the next hearing, scheduled for Aug. 4.

At The Irrawaddy, fingers are crossed that it will be granted.

In the past, particularly under the former military regime, Myanmar courts rarely granted bail in cases where the defendants were accused of liaising with "unlawful associations." The statute was largely used to prosecute pro-democracy activists, since the government had outlawed nearly any organization that worked on this cause. As a result, many detainees were handed the maximum three-year prison sentence.

The charges against Lawi Weng, Ko Aye Nai and Ko Pyay Phone Naing stem from a decision by the Shan State regional parliament in 2016 to label the TNLA a "terrorist" group; the three reporters were returning from covering a drug-burning ceremony in TNLA territory when they were arrested. However, since the Shan State parliamentary announcement was not followed by an executive order signed by President U Htin Kyaw confirming the organization's status, it is questionable whether the journalists can in fact be sentenced for liaising with the TNLA, as they were accused of doing.

Furthermore, the Myanmar Army affirmed that it would not put pressure on the judges handling the case and that the judiciary would be given space to decide upon a response that they rule is justifiable, according to the Myanmar Press Council, the body tasked with negotiating with the authorities.

State Counselor Daw Aung San Suu Kyi recently said, "It is not for us to comment on how the various cases should be tried in court. That's for the justice sector to take care of," when asked about the recent arrest of the three reporters.

Absent external intervention, the decision as to whether the journalists are guilty now falls solely on the judges, as they need not fear an outside party handing down verdicts already decided upon "upstairs."

Perhaps most importantly, it is an opportunity for the judiciary to signal to Myanmar's citizens that equality before the law may, as of yet, prevail, marking the dawning of an era that sees the rule of law resurrected.

The post A Judicious Opportunity appeared first on The Irrawaddy.

People Have Right to Criticize Govt: State Counselor

Posted: 28 Jul 2017 07:42 AM PDT

NAYPYITAW — People have the right to criticize a democratically elected government, Myanmar's State Counselor Daw Aung San Suu Kyi said on Thursday amid criticism of her government's lack of progress and failure to protect press freedom.

"The elected government must face criticism bravely and righteously. People have the right to criticize the government which they have elected," Daw Aung San Suu Kyi said at an event to mark the first anniversary of her State Counselor's Office in Naypyitaw on Thursday.

"Not all of the people will offer constructive criticism, this is not unusual in a democracy," she said.

Civil servants should amend their work if criticisms are valid and, even if criticisms are not fair, they have to respect public opinion, she advised.

Daw Aung San Suu Kyi admitted that members of her cabinet would not be perfect and that they have their own strengths and weaknesses. She urged civil servants to develop all of their capabilities to serve national interests.

"Don't only think about self-interest," she advised. "If the public can take pride in our civil servants, we will be able to take pride in our country."

The National League for Democracy-led government has come under fire as its political and economic reforms fall short of people's expectations, one and half year after it took the office. Its handling of the peace process, the Rakhine issue and racial divides also attracted criticism.

The main objective of the State Counselor's Office is to achieve peace, and the office also assumes the responsibility to provide guidance in efforts for national reconciliation, rule of law, improving the economy and living standards of people, Daw Aung San Suu Kyi said.

Minister of the State Counselor's Office U Kyaw Tint Swe told the press: "We handle various issues such as government administration, international relations, national reconciliation, internal peace, the Rakhine issue, the Myitsone Dam, and the Kyaukphyu Special Economic Zone,"

"It is natural for civil servants and military personnel to be criticized in a democratic age," said journalist U Thiha Thway.

"In an age of democracy, every politician will be criticized. But, the problem is they don't respect criticism. There is no culture of tolerance for criticism here," he added.

A number of journalists have been charged for publishing articles critical of the government including U Kyaw Min Swe, chief editor of The Voice Daily, who was charged under Article 66 (d) of Telecommunications Law for publishing a satirical article questioning the country's ongoing peace process.

The post People Have Right to Criticize Govt: State Counselor appeared first on The Irrawaddy.

Transforming Futures of Female Kachin IDPs Through Sex Education

Posted: 28 Jul 2017 05:26 AM PDT

WAINGMAW & MYITKYINA, Kachin State — Noticing she had a growing abdomen, 22-year-old ethnic Kachin woman Nang Tsin went to the only immediately available healthcare service nearby—a midwife. When the midwife revealed she was pregnant, Nang Tsin's face grew flushed in front of the health worker, as the young woman had been seeing a local man in secret.

"My waistline became very obvious," Nang Tsin, an internally displaced person (IDP) said, recalling the discovery of her pregnancy about six months ago as she nursed her two-month-old boy inside a 15 square-foot room of bamboo matting.

The midwife sent her for an emergency scan at the nearest clinic and the result showed that the baby was due in less than four months. When The Irrawaddy asked if she was aware of what caused her pregnancy, she responded, "I didn't know," with a soft voice.

Nang Tsin is one of some 150 women aged between 18 and 35 living at St. Joseph Mai Na Camp for IDPs in Waingmaw Township, Kachin State. The camp currently houses 1,472 people who fled from nearby villages, mostly in Waingmaw Township.

The camp has sheltered ethnic Kachin fleeing conflict since the 17-year-old ceasefire agreement between the Myanmar Army and the Kachin Independence Army broke down in 2011. To date, more than 100,000 have been displaced.

Even though doctors and nurses visited Kachin camps to raise awareness about reproductive health, Nang Tsin said she could not attend the talks as she was at school.

When The Irrawaddy visited the camp last week, women with infants wrapped in a blanket either on their backs or close to their chests was a common sight. According to the camp management, there are 74 children under two years old in the camp.

Nang Tsin poses for a portrait together with her 40-year-old mother Ja Mai at their bamboo shelter in Mai Na Camp in Waingmaw Township. (Photo: Tin Htet Paing/ The Irrawaddy)

A Lack of Sex Education

Though Nang Tsin may not be considered particularly young to have a baby, the fact that she lacked basic knowledge of pregnancy betrays the poor situation of sexual and reproductive health awareness in the camp.

Currently six months pregnant, Nang Tsin's 40-year-old mother Ja Mai gave birth to her first child when she was 18.

She stopped receiving contraceptive injections believing that she had already reached menopause but the mother of six unexpectedly became pregnant again earlier this year. Living hand-to-mouth and working to provide for the family, Ja Mai said she didn't even know that her daughter had a boyfriend.

According to Kachin-based Htoi Gender and Development Foundation, which has been working with women in the region—both in IDP camps and villages—advocating for reproductive rights and awareness of gender issues since 2011, women and girls in the camps can be more vulnerable than those who live outside of the camps because of the many social problems they must confront daily.

Nang Pu, founder of the Kachin State Women's Network and the director of Htoi, told The Irrawaddy that many young women and girls living in IDP camps often face unwanted or unplanned pregnancies due to a lack of sufficient education, healthcare, livelihood opportunities, friendship and family support.

"They don't get any emotional support to heal the trauma caused by displacement, [and] they have to live in very cramped or small places where they see things that they shouldn't be seeing at a young age," Nang Pu said.

"Their parents barely have time to be with them," she added, noting that most mothers tend to work outside of the camp or take care of household chores throughout the day.

Nang Pu, founder of the Kachin State Women's Network and the director of Kachin-based Htoi Gender and Development Foundation. She has advocating for women's reproductive rights since 2011. (Photo: Tin Htet Paing/ The Irrawaddy)

Nang Pu added that apart from the conditions young girls face inside camps, the discrimination they experience at schools also attributes to emotional complications regarding sexuality.

"Their peers from school single them out for anything they do just because they are IDPs, which makes them see no future in education," she highlighted.

She said that many such girls and young women then seek comfort in attention from men and boys who show an interest in them.

Addressing the Need for Knowledge

Recognizing the dire situation, a group called Colorful Girls run by a community-based organization known as Girl Determined, has been trying to give girls and women living in IDP camps the tools to tackle the obstacles they face.

Working with girls aged between 12 and 17 living across the country's remote regions as well as in urban centers, the organization invites displaced girls into its athletics program and discussions about leadership, decision-making, friendship and sex education.

It aims to help displaced girls gain confidence and cope with complex traumas in their lives, said Dashi Htu Awng, the regional coordinator for Colorful Girls' program launched in partnership with Htoi.

"During our discussions with them, we share basic knowledge about sexuality, their menstrual cycle and the risks of a sexual relationship with males as they reach puberty," Htu Awng explained.

"By gaining knowledge about sexuality, they can protect themselves from teenage pregnancies, spread their knowledge to their friends, gain confidence and better manage their sexual development," she said. "It is beneficial to their lives wherever they live."

According to Dashi Htu Awng, the adolescent girls in displaced families often have to care for their younger siblings throughout the day while their parents are busy outside fending for the family, which decreases their chances of attending school.

As the possibility of returning to their homes becoming increasingly slim, young girls have a difficult time finding motivation in their daily lives and for their futures, she added.

Some girls fear menstruation, due to misinformation that their cycles make them "dirty," Dashu Htu Awng explained, adding that many parents are not open with their daughters in discussing these issues.

Seng Mai, a 39-year-old mother of four, said her teenage daughter's behavioral transformation after receiving sex education and female empowerment training has been mind-opening for her and her daughter. (Photo: Tin Htet Paing/ The Irrawaddy)

At Zilun Baptist IDP camp in Kachin State capital Myitkyina, Seng Mai, a mother of four, told The Irrawaddy that mothers like her don't know how to explain sexual health and awareness to their daughters since they did not receive such knowledge from their own mothers.

Her 14-year-old daughter is one of the 250 young women benefiting from the Colorful Girls program across six Kachin IDP camps, and she said that her daughter's behavioral transformation before and after receiving the training during the last two years has been mind-opening for them both.

"My daughter has become more self-assured and very aware of what she should be cautious of regarding relationships with boys," said Seng Mai.

"If they are aware of how to prevent risk, they will know how to manage themselves and make their own decisions for their future," she said, adding that she always encouraged her daughter to make time for the training.

With an ambition to be a schoolteacher, Nang Seng—a nickname by which she, Htoi and Colorful Girls requested that she be referred—said she is willing to share the knowledge she received from the training with her 9-year-old younger sister.

"Such knowledge is very crucial for young girls like us," Nang Seng said, stressing that she had seen other girls at her camp who had conceived a child unintentionally and had to accept motherhood without preparation.

Filling The Gap

However, not every parent at the camp likes their daughters attending the training, believing that the organization is not helpful to their daily survival, Htu Awng said.

"One of the biggest challenges for me is how to better convince parents that what we are doing is for their daughters' long term personal development rather than for immediate impact," Htu Awng said, noting that IDP families rely on donor support in order to get by.

"They can't keep living their lives from donations," she said. "The families need support for capacity building to rebuild their lives and stand on their own feet."

Recognizing that sex education is desperately needed for both the displaced population and those who live in remote villages, Htoi's Nang Pu said that it is also crucial to restore sexual and reproductive rights for young girls living in IDP camps.

Such a strategy would reduce their vulnerability to sexual and domestic violence caused by a lack of awareness, and empower them with renewed confidence for their rehabilitation.

Nang Seng, 14, watches a Chinese drama on her mother's mobile phone in her shelter at Zilun Baptist IDP camp in Kachin State's Myitkyina. (Photo: Tin Htet Paing / The Irrawaddy)

She said, however, that the most important element is peace—for the fighting in the region to cease so that displaced families are able to return home and rebuild lives.

"Peace is the most effective resolution for them to go back to their homes with dignity and achieve a situation where they stand on their own feet," Nang Pu said. "Everything else is chopping off the tree's branches rather than digging up the roots," she added.

While debates continue regarding the futures of those who have survived armed conflict, Nang Tsin and her husband are not sure about their own family's immediately future.

"I recently learned how to weave, maybe I can make a living with this skill," the young mother said.

The post Transforming Futures of Female Kachin IDPs Through Sex Education appeared first on The Irrawaddy.

Lower House Approves Urgent Proposal on H1N1 Outbreak

Posted: 28 Jul 2017 05:09 AM PDT

NAYPYITAW — The Lower House approved an urgent proposal on Friday to control an outbreak of H1N1 influenza that has killed six out of 30 confirmed cases in Myanmar.

Lower House MP U Thein Htun of the Union Solidarity and Development Party (USDP) submitted the proposal to boost awareness of H1N1—often referred to as swine flu—in schools, markets, factories, workshops, trains, buses, jetties, and airports in order to reduce the death rate and spread of the disease.

The lawmaker said there was not enough education about the disease, adding that some people died from H1N1 because they were admitted to the hospital too late.

On Thursday, a 24-year-old pregnant woman suspected of having H1N1 flu was admitted to a hospital in Naypyitaw, Dr. Aung Lin Aye, deputy superintendent of the hospital, told The Irrawaddy. Medical tests for the woman have been submitted to the National Health Laboratory in Yangon.

USDP lawmaker U Thein Htun said the government must stand by its slogan "Together with the People," noting that ministries, lawmakers, civil society, Red Cross, fire service and ward administrations need to collaborate.

Dr. Saw Naing, Lower House lawmaker of the ruling National League for Democracy (NLD), welcomed U Thein Htun's proposal.

"Raising awareness is good. Only if the public knows clearly how to protect themselves can they prevent [the disease spreading] in advance, including which mask they should use and how they should use it. And if there is a shortage of masks, the government has the duty to arrange for more," Dr. Saw Naing said.

U Thein Htun urged for checks of the disease at docks and airports, as has been done in neighboring India, he said, where 12,460 cases have been confirmed and 600 have killed so far in 2017.

The health ministry on Wednesday requested the World Health Organization (WHO) to help control the virus.

The post Lower House Approves Urgent Proposal on H1N1 Outbreak appeared first on The Irrawaddy.

Govt Organizes Update for Peace Stakeholders

Posted: 28 Jul 2017 04:40 AM PDT

YANGON — The government has invited 20 stakeholders for an informal meeting at the National Reconciliation and Peace Center (NPRC) in Yangon on Saturday, July 29, with the aim of updating and consulting them on the peace process.

Among the list of invitees are civil society group members, former lawmakers, prominent writers, Myanmar Press Council representatives, and independent analysts.

It will be the first NRPC stakeholder consultation since the National League for Democracy (NLD) took office. State Counselor's Office spokeperson U Zaw Htay said it would be an informal gathering without publicity.

Several invitees told The Irrawaddy they are considering whether to attend the meeting, as they said there was no agenda available and no indicator of any particular issue that would be discussed.

"Calling such a meeting with the members of the public who have been following the peace process is a good thing to do," said one of the invitees, independent analyst U Maung Maung Soe. "But the key decisions are taken by the NRPC and peace commission."

Under the previous incarnation of the NRPC—the Myanmar Peace Center (MPC)— led by then minister U Aung Min, the former government held two kinds of regular stakeholder meetings.

One was a briefing session comprising more than 80 attendees, including diplomats, INGOs, and UN agencies. The other, called a Community Forum, would give a specific topic for representatives from the government, ethnic armed organizations, civil society groups, and media, as well as experts, to consider and discuss.

The post Govt Organizes Update for Peace Stakeholders appeared first on The Irrawaddy.

Court Considers Bail for Detained Journalists

Posted: 28 Jul 2017 02:06 AM PDT

Hsipaw, Shan State — Hsipaw Township Court will consider the bail request of three detained journalists and rule next week, the judge presiding over the case announced on Friday.

"The judge accepted the submission of a bail appeal," said Daw Khin Mi Mi, lawyer of one of the accused men, Irrawaddy reporter Lawi Weng.

"Persons facing the charge can be released on bail and we believe the judge will do his best," reported the lawyer, adding that the judge said he would rule at the next court hearing on Aug. 4.

Six men—including Lawi Weng and the Democratic Voice of Burma (DVB) reporters U Aye Naing and Ko Pyae Phyo Naing—appeared in Hsipaw Township Court on Friday for the third time on Friday after two earlier surprise court dates.

All of the journalists appeared in good physical and mental health.

The court, on Friday, heard testimony from a local army official as a witness for the prosecution.

Capt. Thet Naing Oo, who arrested the journalists in June, presented photos and video files as proof of the accused's connection with ethnic armed group the Ta'ang National Liberation Army (TNLA).

He told the court that the journalists failed to request permission from local security forces at a police station, Myanmar Army base, or local administration office before travelling to cover a drug-burning ceremony held by the TNLA to mark the UN's International Day Against Drug Abuse.

"They [the army] said we need permission to go to that area, but we are journalists and citizens of this country and we have the right to travel freely inside our own country," Lawi Weng told reporters after the court hearing, before being sent back to Hsipaw Prison.

The six men—three journalists, two drivers and a local man—were travelling in two vehicles near Phayagyi Village between Namhsan and Lashio townships on June 26 and were arrested on suspicion of connection with the TNLA, which operates in the area.

The journalists and a local man were charged under Article 17(1) of the colonial-era Unlawful Associations Act for contacting the TNLA, while the drivers received additional charges for the two unlicensed vehicles. They were placed in detention in Hsipaw Prison.

Amnesty International issued a statement on Thursday calling for the immediate and unconditional release of the journalists.

The post Court Considers Bail for Detained Journalists appeared first on The Irrawaddy.

‘Myanmar Army is Indirectly Pressuring Media’

Posted: 28 Jul 2017 01:55 AM PDT

YANGON — The Office of the Commander-in-Chief, Snr-Gen Min Aung Hlaing, released a statement on Wednesday prohibiting the usage of military ranks employed by the Myanmar Army for non-state armed organizations.

"We hereby declare that military ranks, which are entitled only for military personnel of the Tatmadaw (Army, Navy and Air), are not to be used in reference to persons of other unconcerned organizations; and that military ranks are to be used correctly in line with existing laws," reads the statement.

The Irrawaddy has interviewed legal experts and journalists about the potential impact of the prohibition on news reporting and beyond.

U Sein Win, training director of the Myanmar Journalism Institute (MJI)

Yes, it is true that the previous military government had enacted a law about how the organizational structures and terms should be used in reference to members of people's militias. I can accept it because people's militias had agreed to follow those instructions in order to be formed as people's militias. But the Tatmadaw can't impose such a ban on other organizations. Such restriction is a negative sign.

We are still trying to achieve peace. How can we continue to engage in the peace process if [the Tatmadaw] doesn't recognize the organizational structures of other armed groups such as the Kachin Independence Army (KIA), and Karen National Union (KNU)? For example, if Gen Gun Maw attends the peace process, will he be referred to as Gun Maw? We can't do that. Doing so is disregarding other organizations. The [Tatmadaw] can't act like they are the only one. This contradicts the peace process.

It will also have an impact on the media. I view it as the [Tatmadaw's] second step to deter the media to make reports about ethnic armed organizations. As the first step, it applied Article 17 (1) [of the Unlawful Associations Act]. They are making it difficult for the media to report on the peace process.

U Aung Thein, lawyer

There have never been cases of prosecuting and imprisoning for using military ranks [in reference to people not belonging to the Myanmar Army]. The government of the Socialist Program Party imposed a ban on using ranks like lieutenant and captain in reference to robbers.

Armed organizations formed according to the structures of an army would use military ranks. Persons such as Gen Gun Maw [of the KIA] have attended the peace talks [with the government] in his capacity as a general. And people's militias also use the military ranks such as major.

How can we complain about them using their own military ranks while peace is still in the negotiation process? The government has invited and talked with those people and those organizations at peace negotiations. Though there is the [Unlawful Associations Act] which was enacted in the past, the government was meeting with rebels in the peace negotiations. I don't want to argue about if they are right or not. But [the rebels] have their own forces, armies and organizations for their own causes. So, there are armies and clashes. And they would hate to be addressed themselves as ordinary persons.

The media did not invent the military ranks for them. When you interview someone who identifies himself as Gen Gun Maw, you can't refer to him as U Gun Maw in the report. He won't accept it. As long as a [single] Union Armed Forces can't be formed in the country, the separate armed groups will use their own ranks. If this is prohibited, they won't even come to the peace negotiation table.

It is nothing to do with journalists. Those organizations have used such ranks and risen up against the government for around 60 years. And they won't just remove these ranks when they come to the peace negotiation table to talk with the current government. The media will refer to them according to the term they describe themselves. Journalists should not be prosecuted for this.

U Myint Kyaw of the Myanmar Press Council. (Photo: Photo by Myo Min Soe/The Irrawaddy)

U Myint Kyaw, Myanmar Press Council

It is not that the media have given them those ranks. The media has to refer to them according to the way they describe themselves. And the media don't have the right to change that.

The [military] statement [issued on Wednesday], I think, is not yet an order. But it is still too early to say. Maybe they will issue an order. But it is absurd if the media will be given such an order. It is censorship and restriction on media.

Regarding the ethnic armed groups, the [military] sent letters to journalists in Irrawaddy Region last year [restricting the use of military ranks for non-state armed groups.] But no journalist has agreed to do so.

Editor of Mawkun Magazine, U Zeyar Hlaing. (Photo: Photo by Myo Min Soe/The Irrawaddy)

U Zeyar Hlaing, editor of Mawkun Magazine

The Tatmadaw applied the law based on the 2008 Constitution. So, the question is whether the Constitution has an effect on the entire territory of Myanmar, because, according to the Constitution, there must only be one armed forces, and the head of all the armed forces is the commander-in-chief.

As journalists, we are ethically responsible to present all information from all sources in different perspectives. It is journalistic ethics to make balanced reporting without bias.

While we are working for national unity, it is important that people get all the information about what is happening in ethnic areas. By doing so will help us understand each other. And it is the duty of the media to do so. So, it is not sensible that the Tatmadaw refers to a law that does not even have effect across the country.

My view is that they are attempting to impose censorship by threatening the media. Censorship was abolished in 2012. But if you think there is no censorship now, you are wrong. There have been many challenges. For example, some media agencies practise self-censorship because of the concerns of the owners of media agencies. The current government has even sued the media. The senior leaders of the ruling party have made derogatory remarks about the media. And the Tatmadaw has started to oppress the media as an example. This is not a good sign for a democratic society.

U Arr Man says the military are indirectly pressuring the media. (Photo: Photo by Myo Min Soe/The Irrawaddy)

U Arr Man, chief editor of 7 Day News Journal

In the statement, the military gave the example in reference to a militia major who was killed in a bomb attack recently. It is not clear whether the ban is only for people's militias or both signatories and non-signatories of the Nationwide Ceasefire Agreement (NCA) too. We're trying to get it clear. But we still can't reach the military spokespersons.

If the ban is meant for all [armed groups], we have to question it because local media have widely published reports about the peace process and referred to them according to the ranks that they use to describe themselves since 2011-12.
The peace process has received greater attention since 2011-12. With more and more instructions, we feel like we are being restricted. This is indirectly pressuring the media.

Translated from Burmese by Thet Ko Ko.

The post 'Myanmar Army is Indirectly Pressuring Media' appeared first on The Irrawaddy.

Myanmar Army Unnerves Ethnic Kachin

Posted: 27 Jul 2017 10:16 PM PDT

The Kachin Independence Organization (KIO) recently hosted a public meeting at its headquarters in Laiza from July 15-17, attended by an estimated 500 members of the Kachin public and 200 KIO representatives.

At the meeting, the KIO's Vice Chairman Gen N'Ban La revealed the organization's reasons for pulling away from the United Nationalities Federal Council and allying with the Wa-led Northern Alliance. He emphasized the future plans of the Federal Political Negotiation Coordination Committee (FPNCC) of the Northern Alliance in dealing with the Myanmar government and its military. Lt-Gen Gam Shawng, the Kachin Independence Army's chief of staff, and Col Zau Raw, the secretary of the Kachin Independence Council, followed by stressing the KIO's political goals.

According to these generals, the KIO's political goal is to form a federal Union based on the 1947 Panglong Agreement, which promised equal political rights to Myanmar's ethnic nationality groups. Much of the Kachin public share the KIO's vision that a genuine federal political system could end the civil war and pave the way toward Myanmar being a more peaceful country.

Many Kachin people—who have bore the brunt of military violence—firmly believe that the Myanmar Army's perpetual offensives against the KIO are not a solution to achieving peace.

After the war between the KIA and the Myanmar Army resumed in 2011, following the breakdown of a longstanding ceasefire, there were an unprecedented number of internally displaced persons (IDPs) uprooted from Kachin communities, forced to abandon villages and properties. Many lost their lives.

In this crisis grew a more vocal desire for sustainable peace in the region, as opposed to a temporary ceasefire. The Kachin public and the KIO have been seeking a way to cease escalation of the conflict and pursue fruitful negotiations with the government and its military.

Members of the Kachin public voluntarily formed the Peace-talk Creation Group (PCG) and a Technical Advisory Team (TAT) to assist in discussions between the government and the KIO. Both the PCG and the TAT have put concerted efforts into mediating between the Burmese Army and the KIO, and assisted in several meetings for both sides. Unfortunately, their perseverance has not yet paid off.

Instead, armed conflict is intensifying in several areas, particularly in Kachin State's Hpakant and Tanai, creating further displacement.

As a result of the conflict, a number of Kachin civilians have also been targeted by outdated laws, such as charges under Article 17(1) of the Unlawful Associations Act. After the war resumed in 2011, a number of such cases drew the attention of the media. One man, Lahtaw Brang Shawng was arrested in June 2012 from an IDP camp and, the following year, sentenced to two years in prison. Another, Lahpai Gam, was arrested the same month and was sentenced to 20 years' imprisonment. In November 2016, 49 young men and women from Putao were arrested after returning from a 25-day training program in Laiza on the cultivation of crops to substitute for opium; the course included sessions on fighting drug abuse, on furthering Kachin language and culture, and understanding democracy and federalism. After several months in detention, 48 people were released, but one remains imprisoned with a sentence of several years.

Due to battles in Mong Ko, northern Shan State, in late 2016, civilian property including warehouses, a school, a Catholic Church and more than 100 homes were bombed or destroyed. In the aftermath of the operation, two pastors from the Kachin Baptist Convention —Dumdaw Nawng Latt and Lajaw Gam Seng—were arrested on December 24, 2016, allegedly for helping journalists report on the destruction of the church in the conflict.

During bouts of conflict, IDP camps in the border areas have reportedly been hit by artillery —some, multiple times—forcing displaced people to flee yet again. For example, in April 2014, the IDP camp at Lagat Yang—on the border between Shan and Kachin states—was allegedly struck, and emptied of its 800 residents.

Many observers believe that these military strategies are intended to push the KIO/A toward signing the nationwide ceasefire agreement, or to disarm.

The arrest of civilians, the targeting of IDPs the pressure on the KIO by the Burmese Army does not help build a relationship between the government, its army, and the ethnic Kachin public. Instead, it caters to anti-Bamar resentment. In turn, the KIO boasts more widespread support from the Kachin public.

This is a prime moment in which trust could be built between the government, its military, and all of Myanmar's ethnic minorities. The government should abolish Article 17(1) of the Unlawful Associations Act, which charges civilians under the suspicion of affiliating with ethnic armed groups. Inevitably, many ethnic nationality civilians must communicate with their area's respective armed groups, because the public drives these groups forward in the peace process and in shifting their political goals.

They also assist them in taking part in peace talks with the government and have, in the past, served as intermediaries. For example, Vice Snr-Gen Soe Win, the Tatmadaw's deputy commander-in-chief, and other Generals—the Commanders of the Bureau of Special Operations (1) and of the Northern Command—used to meet Kachin religious leaders and political parties and relay messages to the KIO. Even the State Counselor Daw Aung San Suu Kyi invited and met religious leaders from the Kachin Baptist Convention to Naypyitaw on July 24, 2017. If the government and its military charge such individuals under Article 17(1), it can hinder the country's peace process and negate potential peace talks.

The government and the Myanmar Army should, therefore, shun strategies that undermine the people's trust in them and their peace initiatives. Instead, they should accelerate the momentum of the peace process so as to build the federal Union which groups like the Kachin have long hoped for. Absent such changes, the Kachin public is likely to lose confidence in the government and its military, making it all the more difficult for any peace process to succeed under these flawed circumstances.

Joe Kumbun is the pseudonym of a Kachin State-based contributor.

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Our Fight For Press Freedom

Posted: 27 Jul 2017 07:44 PM PDT

As we believe in a free press, it has been our mission since the beginning to protect and preserve press freedom and develop an independent media free from bias and influence.

Over the course of 24 years, The Irrawaddy has been at the forefront of lobbying for freedom—outside and inside the country—for the Fourth Estate in Myanmar.

We have persistently challenged successive governments— from the former military regime to U Thein Sein's quasi-civilian government to the current Daw Aung San Suu Kyi-led National League for Democracy administration—as an independent monitor of power and are continuing to do so.

But do not be mistaken in thinking Myanmar today enjoys a free press. Anybody who says so will be seriously insulting the four journalists, including our reporter Lawi Weng, who have been detained by the country's military for their commitment to the truth.

With the media under attack in Myanmar, here is a collection of our stories on press freedom.

OPINION

Journalists' Case to Test Judiciary

The upcoming court appearance will be a trial in which we see whether the court will act independently without being influenced or intimidated by anyone.

The Military's Offensive Against the Media

Journalists are under attack and press freedom is in jeopardy, writes Kyaw Zwa Moe.

Defending Lawi Weng

The arrest of Lawi Weng and the DVB reporters demonstrates that Myanmar remains an unsafe place for journalists to work, writes Aung Zaw.

Open Letter to the State Counselor

Building peace and a federal democratic system are understandable priorities, but another matter too requires urgent attention, writes Kyaw Zwa Moe.

NLD Govt Must Live up to Its Manifesto on Press Freedom

Until Burma is free from state-owned media and laws like Article 66(d), neither journalists nor citizens can freely honor World Press Freedom Day.

Analysis: Burma's Military Remains Intolerant of Press Freedom

Recent incidents highlight the military's wariness of press freedom, fearing a negative portrayal of its institution.

A Note From the Newsroom on World Press Freedom Day

On World Press Freedom Day, we laud great progress but note that true freedom of the press has yet to be achieved in Burma.

Back to Square One for Press Freedom in Burma

A harsh sentence handed down to journalists for reporting on an alleged chemical weapons factory serves as a reminder that Burma is still an "enemy of the press."

Press Freedom Is Not a Gift

Burma's government has created more space for journalists to do their work, but its mindset remains as narrow as ever.

Burma’s Media Landscape: Better, but Still Far from Free

Despite recent reforms, Burma remains one of the most restricted countries in the world in terms of press freedoms.

Time for Media to Seize Freedom

The notorious censorship board is still chopping subjects which it judges are "inappropriate" and even banning journals from printing.

Burma—Media versus Minitrue

Burma's media continues to be governed by authoritarian censorship regulations despite the looming creation of a new Press Council.

How Much Freedom Does Burmese Media Enjoy?

Since coming into power, President Thein Sein has mentioned the importance of the fourth pillar in society and revealed that both he and his office follow media reports in and outside of Burma.

IN PERSON

Satirist Feels 'Restraint' After Recent Arrest

The Irrawaddy speaks with the columnist charged—and then released—under Article 66(d) about his arrest, self-censorship, and current writing.

Dateline Irrawaddy: Telecoms Law Must be Amended to 'Serve Its Intent'

The Irrawaddy discusses the new proposed draft of the Telecommunications Law, the controversial Article 66(d) and recent arrests of journalists.

Legal Expert: Press Council Must Defend Detained Journalists

Myanmar Press Council must stand with reporters if they are to escape unlawful association charges, says Media Law consultant U Khin Maung Myint.

Ma Thida: 'Fear Makes People Fierce'

Writer Ma Thida discusses collective fears in present day Burma: how they manifest, how they cause harm, and how they must be faced.

Incoming Info Minister Pe Myint: 'I Will Ensure Press Freedom'

The Irrawaddy tracks down the incoming cabinet member in Naypyitaw to discuss press freedom and prospects for Myanmar's state-owned and private media.

Press Freedom, With Limits

Myanmar's journalism scene is opening up, but after speaking with reporters in Yangon, media watchdog Shawn Crispin sees cause for concern.

Will Aung Kyi Defend Press Freedom?

Myanmar's new information minister is known to be moderate and most of the country's journalists are cautiously optimistic about his appointment.

SPECIALS

In Sketches: Myanmar's Challenging Media Landscape

A series of cartoons by The Irrawaddy from 2014 to 2017 reflect media milestones and hardships.

Interactive Timeline: Press Freedom Under Attack

Explore the publications currently being threatened in Myanmar's courts.

NEWS

Advocates: NLD Govt Has Failed to Advance Press Freedom

Advocates from 14 local organizations issue an assessment report on freedom of expression in Myanmar, one year into the NLD's leadership.

The post Our Fight For Press Freedom appeared first on The Irrawaddy.

Blood and Silk: Power and Conflict in Modern Southeast Asia

Posted: 27 Jul 2017 06:58 PM PDT

Southeast Asia is undoubtedly one of the world's economically fastest growing regions and the home of sophisticated cultures – but it's also where decades-long ethnic and political rebels are still active. And despite the economic progress, most of the Southeast Asian countries are moving towards authoritarianism rather than democracy or, at least, a more pluralistic rule. Michael Vatikiotis examines these contradictions and conundrums in his most recent book, which is appropriately named Blood and Silk: Power and Conflict in Modern Southeast Asia. Vatikiotis has lived the region for three decades; he knows the area well and speaks Thai and Indonesian. He is also a former editor of the now defunct Hong Kong weekly Far Eastern Economic Review and now works as a conflict mediator for the Geneva-based Centre for Humanitarian Dialogue.

He mentions Singapore as a typical example of development models that defy Western concepts of the-rise-of-the-middle-class-leads-automatically-to-a-more-democratic-form-of-government: "Singapore is indisputably the region's most advanced economy; it has the highest income per capita, the best health indicators, and the biggest concentration of smartphones on the planet." Yet, there is little popular participation in government, no vibrant press and dissidents are dealt with harshly.

In much poorer Cambodia, the UN spent billions of dollars to introduce democracy in 1993. But as soon as elections were held, a new authoritarian regime headed by yet another strongman, Hun Sen, emerged and many of those opposed to his rule either went quiet or fled the country.

Thailand, a promising democracy in the 1990s, has experienced what many believed belonged to the past: two military coups, the first in 2006 and then again in 2014. In Myanmr, pro-democracy icon Daw Aung San Suu Kyi's party, the National League for Democracy, won a spectacular election victory in November 2015, leading to the country's first civilian government since 1962. But when Vatikiotis met government officials six months later, they answered his questions with "all matters will be decided by the State Counselor" (Vatikiotis refers incorrectly to Daw Aung San Suu Kyi's new title as de facto head of state as "State Councilor," but that is a minor mistake.)

With Laos and Vietnam under strict one-party rule and Brunei an absolute monarchy, that leaves only Indonesia and the Philippines as actual democracies in Southeast Asia – but the new president of the Philippines, Rodrigo Duterte, has told the world to mind its own business when he masterminded a violent campaign against alleged drug dealers, resulting in extrajudicial executions of thousands. And the country's economy remains dominated by the rule of a traditional oligarchy while millions are living in slums and abject poverty.

In Vatikiotis' view, the main problem is that rather than address deteriorating social conditions and income inequalities that have come with economic expansion, "Southeast Asian governments have become prone to conservative impulses serving the ends of power." And with China as the rising and the United States as the declining world power, it is hard to argue that democracy is the way forward. In civil society, religious extremism – manifested by militant Islam in Indonesia and Malaysia, and radical Buddhist movements in Myanmar – and intolerance in general are on the rise in the region.

Blood and Silk is not a dry academic study of social conflicts or the political and economic impact of China in Southeast Asia. It is well written and explains the origins of conflicts in the region as well as how those have impacted today's politics. But his analysis of the reason for the tragic fate of Myanmar is questionable. Like many other Western analysts before him, he seems to believe that the abolition of the old monarchy by the British in the late 19th century forebode the disaster that came after independence in 1962: "Myanmar without the monarchy was pretty much a ship at sea without a captain or cultural anchor. The result is a country still dominated by a 400,000-strong army."

The French kept the traditional royal rulers of Indochina in nominal power throughout colonial rule, but, once independent, that did not prevent those countries from being plunged into bloody civil wars. On the other hand, Japan deposed Emperor Sunjong when Korea was turned into a colony in 1910 – and South Korea today is an economic powerhouse as well as a thriving democracy. A more plausible explanation for Myanmar's inability to become a functioning national entity is the fact that the country, with its present borders, is a colonial creation bringing together peoples and ethnic groups with little in common, and even centuries of conflicts with the Burman kings that predate British rule.

Vatikiotis also makes the unfortunate mistake of saying that 100,000 ethnic Kachin had by the end of 2016 "fled into neighboring China." While some refugees did take refuge on the Chinese side of the border when the conflict escalated in 2011, they were soon pushed back into Myanmar by the Chinese and remain in makeshift camps in rebel-held territory or near government-controlled towns in Kachin State. China, evidently, feels that it can do whatever it wants in the region, or as Vatikiotis aptly quotes Chinese State Councilor Yang Jiechi as saying: "China is a big country and other countries are small countries and that's just a fact."

Despite some minor flaws, this is a book worth reading for anyone interested in the politics of modern Southeast Asia. Leaders such as Suharto in Indonesia, Mahathir Mohamad in Malaysia and Thaksin Shinawatra in Thailand "promised their people happiness and prosperity but in the end left them divided and deprived…they enriched their families and brooked no dissent. They left anger and conflict in their wake." Sounds like a grim conclusion of the situation in Southeast Asia. But there is also hope, according to Vatikiotis, and it rests with Southeast Asia's historically resilient civil societies: "The slow response of government to grievances and use of divide-and-rule tactics to undermine opposition will force communities and groups to look after themselves and defy the powerful center."

The post Blood and Silk: Power and Conflict in Modern Southeast Asia appeared first on The Irrawaddy.

National News

National News


Govt seeks to lift special commodity tax on diamonds, emeralds and gold

Posted: 27 Jul 2017 03:07 PM PDT

The Union government asked the Pyidaungsu Hluttaw on July 26 to lift the special commodity tax and commercial tax on the production and sale of diamonds, emeralds and gold.

Local companies to exhibit at Bangkok’s Organic and Natural Expo 2017

Posted: 27 Jul 2017 02:39 PM PDT

Two Myanmar organic products manufacturers will participate in the Organic and Natural Expo 2017 to be held at Queen Sirikit National Convention Center in Bangkok next week.

Passenger ship Kissapanadi 2 arrives in Rakhine State

Posted: 27 Jul 2017 02:30 PM PDT

The Kissapanadi 2, the second passenger ship of the three vessels donated by Japan, arrived in Kyaukpyu on July 25 and it will be used for coastal transport along the Rakhine coast.

H1N1 rises to six, peaks during monsoon period

Posted: 27 Jul 2017 02:13 PM PDT

Myanmar has sought the help of the World Health Orgnization (WHO) to the worsening H1N1 influenza outbreak sweeping the country and killed six people.

Rakhine Advisory Commission report being fine-tuned

Posted: 27 Jul 2017 02:09 PM PDT

The final report of the Advisory Commission on Rakhine State is being fine-tuned and will be released, as scheduled, in the second-half of August said the commission's spokesperson.

141 schools shut down in Dawei amid H5N1 outbreak

Posted: 27 Jul 2017 02:06 PM PDT

A total of 141 schools have been shut down in Dawei town in Thanintharyi Region for 5 days due to the H5N1 outbreak in the area, a regional education official said Thursday.

Tatmadaw must be referred as “Tatmadaw”

Posted: 27 Jul 2017 01:51 PM PDT

A senior general on Thursday urged the media to refer to the country's armed forces as Tatmadaw and not by any other name in their news reports.

Recurring floods displace over 130,000 in Myanmar

Posted: 27 Jul 2017 01:36 PM PDT

Recurring floods in large part of the country have forced over 130,000 people to flee their homes as of July 25, relief officials said.

Objection to farmland law changes draft bill

Posted: 27 Jul 2017 01:24 PM PDT

Almost 50 Civil Society Groups strongly objected to the facts related to the Farmland Law amendment draft hearing session in the parliament held in June.

Thursday, July 27, 2017

The Irrawaddy Magazine

The Irrawaddy Magazine


Press Council Says Military Will Not Pressure Judge in Detained Journalists’ Case

Posted: 27 Jul 2017 08:12 AM PDT

YANGON — The Myanmar Army affirmed that it would not put pressure on judges handling the case of three journalists detained in Shan State and facing charges under the Unlawful Associations Act, according to a Myanmar Press Council member who met with military personnel on Thursday.

Myanmar Journalism Institute's Executive Director, U Thiha Saw—who is also a member of the Myanmar Press Council, the body tasked with negotiating with the authorities—described his discussions with army officials to The Irrawaddy.

"What they told me is, the army has specifically learned that the case was not carried out aggressively. At the moment, the cases are already handled by the courts and the police. So, the army will not pressure or weigh in on the judiciary's role. The judiciary will decide on what they think is justifiable, regarding the case," he said.

U Thiha Saw said the army typically opens a court case if they feel that an individual's conduct violates the existing laws, and therefore, "they [the army] will not drop the charges against the three journalists."

The Irrawaddy's Lawi Weng, also known as U Thein Zaw, and U Aye Nai and Pyae Bone Aung from the Democratic Voice of Burma, were arrested on June 26 in Namhsan Township on their way back from covering a drug-burning ceremony held by the ethnic armed group the Ta'ang National Liberation Army (TNLA) to mark the United Nations' International Day Against Drug Abuse.

The trio—and three men who drove them through the TNLA area—were charged under Article 17(1) of the colonial-era Unlawful Associations Act for contacting the TNLA and were placed in detention in Hsipaw prison.

Free speech advocates, press members and rights groups have denounced the move by the military and cited it as a threat to press freedom and an attempt to intimidate journalists for doing their jobs.

On Thursday, one day before the reporters' court hearing was scheduled to take place at the Hsipaw Township Court in northern Shan State, Amnesty International called for the immediate release of the three journalists.

In the statement, Amnesty International accused the Myanmar authorities of using "a slew of draconian laws to intimidate, harass, arrest and imprison critics and media workers," for years.

"This is a clear attempt by the authorities to intimidate journalists and silence their critical coverage," the statement said. "It is exactly in northern Shan State and the other ethnic areas wracked by conflict, where appalling human rights abuses are rife, that independent journalism is needed the most," it added.

James Gomez, Amnesty International's Director for Southeast Asia and the Pacific said that the current authorities have been using the same patterns of repression for which Myanmar was notorious in the past, and that many hoped the days of repressive legal barriers to silence criticism had ended.

"The farcical charges against these journalists must be dropped immediately," Gomez said in the statement. "They have done nothing but carry out their work peacefully."

Htet Naing Zaw contributed to this report from Naypyidaw.

The post Press Council Says Military Will Not Pressure Judge in Detained Journalists' Case appeared first on The Irrawaddy.

Influential Artist Honored 70 Years After Death 

Posted: 27 Jul 2017 08:06 AM PDT

Western drawing techniques came to Myanmar late in the Konbaung Dynasty (1752-1885), and artist U Ba Nyan later played a key role in sharing these techniques with Myanmar artists.

Born in 1897 in Irrawaddy Division's Pantanaw Township, U Ba Nyan was the first Myanmar artist to go to the Royal College of Art in London in 1921, during the colonial period. He had drawn the portraits of the King George V and colonial governors such as Sir Spencer Harcourt Butler, Sir Reginald Hugh Dorman-Smith, and Sir J.A Maung Gyi.

Though U Ba Nyan had drawn many paintings depicting the landscapes and lifestyles of Myanmar, most of them were bought by the British and lost during World War II. Few of his paintings can be found today.

Luckily, there are still six paintings which will be hung at the National Museum at a commemorative art exhibition from July 26-30 to mark the 120th anniversary of U Ba Nyan's life.

Portrait of U Ba Nyan's father, U Ba Oo, completed in 1933.

During the exhibition, more than 500 paintings by at least 300 artists will grace the national museum to commemorate U Ba Nyan, who is regarded as influential in the country's art history.

"It was U Ba Nyan who brought Western techniques to Myanmar. Our masters and Myanmar's legendary artists such as U Ngwe Gaing, U Ba Kyi, U Thein Han and U Aung Khin were U Ba Nyan's students. So, it is undeniable that U Ba Nyan is the master of entire Myanmar art world," academy-winning director and artist Soe Moe said.

Artist Ni Po Oo, secretary of the committee organizing the exhibition, said: "The academic painting technique which is commonly used by Myanmar artists today was systematically brought by U Ba Nyan from London. Though we could not learn directly from him, we inherited his techniques from his students, passed down from generation to generation."

U Ba Nyan's self-portrait.

U Ba Nyan also drew portraits of influential figures such as Sir Paw Htun, Sir Ba Oo and Shan saophas.

He died in 1945 in the village of Ka Toe in Mon State's Moulmein while fleeing World War II, and his death went unnoticed.

Though U Ba Nyan is a significant figure in Myanmar's art history, many argue that he did not get the honor he deserved. His name was resurrected again only after some local artists in Moulmein came to the village of Ka Toe to repair U Ba Nyan's tomb in a small graveyard a few years ago.

The ongoing art exhibition is the first of its kind to be held on a grand scale in his remembrance, more than 70 years after his death.

An officer's wife, Daw Mya May.

His six paintings have been kept at the National Museum and are now on display with the permission of the Ministry of Culture. Among the paintings are a European landscape, a portrait of his father U Ba Oo, his self-portrait, a Buddhist monastery, an individual known simply as "the chubby man," and an officer's wife, Daw Mya May.

His oil painting of his father U Ba Oo (1933), done with heavy use of chiaroscuro and impasto techniques, is regarded as one of his masterpieces.

Director Soe Moe is however not satisfied with the frames of some of the paintings. "To be frank, the frames spoil the splendor of the paintings. The frames should be better. And the canvas is loose in the frame, and in that case the paint might chip. The way the paintings are fixed into the frames is risky, and parts of the paintings are mildewed."

A "chubby man."

Other paintings will be on sale for prices ranging between US$100 and US$1,500. More than half of the proceeds will be donated to the funds for casting bronze statues of U Ba Nyan to be put respectively in Ka Toe village, the National Museum and the National University of Arts and Culture.

His artistic career spanned just 15 years, from 1930 when he came back from London to Myanmar, until his death in 1945. But during this short time, U Ba Nyan was able to revolutionize Myanmar's artistic sphere.

His paintings, now more than 80 years old, will be hanging at the National Museum until Sunday.

European landscape.

The post Influential Artist Honored 70 Years After Death  appeared first on The Irrawaddy.

Girl, 12, Escapes From Kidnap, Rape Ordeal

Posted: 27 Jul 2017 06:13 AM PDT

YANGON — A 12-year-old former housemaid visiting Yangon to testify against the family who allegedly tortured her has escaped a 20-day ordeal of kidnap and rape to return to her home in Mandalay.

The girl from Myittha Township worked at the house of a retired lieutenant colonel of the Myanmar Army in Yangon's Mayangon Township for more than one year.

She is suing the lieutenant colonel and his family for allegedly abusing and torturing her. The court heard how she was sent back to her home in Mandalay after the wife of the lieutenant colonel forced another housemaid to knock six of her teeth out with a pestle.

"I have had my four upper teeth and two lower teeth knocked out by another housemaid. The wife of the house owner asked her to hit me with a pestle. Her husband also kicked me in the face. I was also hit with pans in my back, and slapped as well," the girl told The Irrawaddy.

On discovering her injuries, the girl's parents worked with human rights activists to file a complaint at Bayintnaung police station in Yangon in January.

On July 4, the girl returned to Yangon to testify against her former employers. Accompanied by her grandmother, she arrived at the Aung Mingalar Express Bus Terminal, and the pair spent the night at a nearby monastery.

When the grandmother woke up, the girl was missing. A man in his 20s had abducted her at knifepoint, said the girl, and held her for 20 days.

"He threatened to kill me. He took me to a room in a house in Pale Township. I was raped. I can identify him," she told The Irrawaddy.

She managed to leave the house, she explained, and worked at a local eatery until she had enough money to return to Mandalay on July 25.

Lawyer U Robert San Aung of the Myanmar Lawyers' Network said lieutenant colonel U Myint Htwe of Yangon Region Police Force would investigate the abduction and rape, adding that the network would cooperate with the police to find the rapist.

Bayintnaung police station has opened a case against the retired lieutenant colonel and his family for the torture of their former housemaid.

Translated from Burmese by Thet Ko Ko

The post Girl, 12, Escapes From Kidnap, Rape Ordeal appeared first on The Irrawaddy.

New Chair for UN Fact-finding Mission

Posted: 27 Jul 2017 05:32 AM PDT

YANGON — The UN Human Rights Council has replaced the chairwoman of a team investigating allegations of killings and rape by Myanmar's security forces, it said on Thursday, amid concerns over her perceived bias.

Indian Supreme Court advocate Indira Jaising was initially named to chair the fact-finding mission, which has a focus on the western state of Rakhine that is home to the stateless Rohingya Muslim minority.

Council president Joaquín Alexander Maza Martelli had decided to replace Jaising with Marzuki Darusman, a former attorney-general of Indonesia who has previously conducted rights investigations on North Korea, the council said in a statement from its headquarters in Geneva.

Jaising was appointed to lead the panel in May, after a resolution passed by the Human Rights Council in March calling for a team to be sent to look into the abuse claims.

The panel's two other members, Harvard-trained Sri Lankan lawyer Radhika Coomaraswamy and Australian consultant Christopher Dominic Sidoti, remain in place.

Myanmar has said it will refuse visas to the commissioners, arguing the mission would aggravate tension in Rakhine.

"As in all such cases, the mission will make it a priority to reach out to and engage constructively with the government and other relevant interlocutors," the council said.

"The Human Rights Council reiterates its hope that the government of Myanmar will grant the mission unfettered access to affected areas."

The statement did not give any reason for the change of personnel, but a UN official told Reuters Jaising agreed to step down after the council president raised concerns about public comments she made that could be seen as indicating bias.

The official requested anonymity, in the absence of authorization to speak to reporters.

The panel was formed after the UN High Commissioner on Human Rights said Myanmar security forces probably committed crimes against humanity, and possibly, ethnic cleansing of Rohingya civilians.

Rohingya militants killed nine border guards in October, sparking a response in which the army was accused of raping Rohingya women, shooting villagers on sight and burning down homes, sending an estimated 75,000 people fleeing to Bangladesh.

Many in Myanmar see the Rohingya as illegal immigrants from Bangladesh, although about 1.1 million of them live in Rakhine and say their roots in the region go back generations.

'Perceived Bias'

The UN official and a human rights advocate familiar with discussions around the mission told Reuters that Jaising's comments had stirred concern among UN officials in Geneva that she would not be considered impartial.

After her appointment, Jaising was quoted by broadcaster Al Jazeera as saying the Rohingyas' situation in Myanmar "is especially deplorable because they face the risk of genocide."

"If there's any perceived bias…it undermines the credibility of the mission before it has started," said the UN official.

Jaising declined to comment when contacted by telephone on Thursday.

The panel will meet in Geneva in August, the statement said, and is expected to give a verbal update on its progress to the Human Rights Council in September before a final report in March.

Darusman is a veteran UN human rights investigator, having served as special rapporteur on human rights in North Korea and taken part in a landmark Commission of Inquiry on the North.

He also chaired a UN panel of experts on war crimes committed in the final months of Sri Lanka's long civil war.

The post New Chair for UN Fact-finding Mission appeared first on The Irrawaddy.

News Analysis: Critical Shifts in Rakhine Politics

Posted: 27 Jul 2017 12:54 AM PDT

YANGON – In early 2016, the Arakan National Party (ANP) expelled six senior members for opposing its party nominee for Rakhine State's chief minister, but the dust seemed to have settled until the deputy speaker U Phoe Min died of gastric cancer on June 17.

The vacant position looked destined to be filled by the ANP—which won 23 of the 47 state parliament seats—but by exactly whom became the source of tense competition, resulting in party rifts and the dismissal of the victor.

Surprise Candidate

On July 13, the ANP steering committee listed criteria for possible candidates: a central executive committee (CEC) member with a "reasonable" level of education who was faithful to the party and would follow its policies.

Eventually, the contest dwindled from four hopefuls to the winner, U Aung Win of Myebon Township, who stood against the National League for Democracy (NLD) candidate U Boe Nwe of Munaung Township and, unexpectedly, ANP lawmaker U Mya Than.

U Mya Than told The Irrawaddy over the phone that independent regional minister for agriculture and livestock U Kyaw Lwin recommended him on the basis of his legal acumen and experience. He served as a director in the attorney general's office for decades before entering politics, and currently assists the state House Speaker U Kyaw Zan Hla on legal matters. Four lawmakers told The Irrawaddy they felt he was the most appropriate person for the position.

But U Mya Than was barred from contesting on behalf of his own party as he is not a CEC member. Regional minister U Kyaw Lwin surprised parliamentarians, too, as he endorsed a candidate from the party that fired him in early 2016, when he accepted the role of regional minister from the NLD. The sacking was reportedly in response to the NLD refusing to appoint an ANP member as chief minister.

U Mya Than told The Irrawaddy every lawmaker has the right to compete for a seat, adding that his party did not directly tell MPs to avoid the contest. With those convictions, he ran for deputy speaker.

Cracks Appear Between Lawmakers

Before July 17, the Rakhine parliament was comprised of nine NLD seats, three Union Solidarity and Development Party (USDP) seats, one independent seat, 12 seats reserved for the military, and 21 ANP seats—down from 23 after the death of Phoe Min and the dismissal of U Kyaw Lwin. Naturally, the presumption was that U Mya Than would vote for himself.

On July 14, 45 votes were cast, with one legislator on leave, according to lawmakers. In a result that astounded many in the parliament, U Mya Than won with 19 votes, while ANP nominee U Aung Win got 17, NLD nominee U Boe Nwe got six, and three were invalid—a deliberate act of abstention, according to several lawmakers.

ANP secretary U Tun Aung Kyaw supposed some ANP legislators voted for U Mya Than.

"It would not have happened if U Mya Than stepped aside from the contest," he said. "We are now facing strong criticism from people saying we are a party of disharmony… such a result is quite embarrassing."

U Tun Aung Kyaw conceded that some ballots from the USDP and NLD also favored U Mya Than. He considered that U Mya Than, whose son is a captain in the military, may have attracted votes from the entire bloc of army representatives.

Regional minister U Kyaw Lwin said some ANP lawmakers told him to nominate U Mya Than, who got four USDP and NLD votes, six from the military representatives, and nine ANP votes, according to a Facebook post from the minister. Sources inside the parliament supported the claim that ANP legislators voted against their party's candidate.

"Other candidates also got army representatives' secret votes.  I don't want to write this down on Facebook," said U Kyaw Lwin.

Dismissal and Resignation

The ANP expelled U Mya Than on July 17, accusing him of violating party regulations and disrupting party unity, said U Tun Aung Kyaw. But the dismissal stirred arguments among the 30 CEC members, including 13 Union lawmakers in Naypyitaw.

Lower House ANP legislator U Pe Than of Myebon Township vented his disagreement with the dismissal on Facebook. Banishing U Mya Than, he wrote, was not in line with party principles, and chastised the party board for executing the decision without seeking the advice of its Union lawmakers. He said the party could have penalized U Mya Than in accordance with its code.

"If similar cases happen in the future, it could be lead to a big problem," he said.

Adding to the turmoil, Upper House ANP lawmaker Daw Htoot May posted her resignation letter on Facebook on July 24, admitting she had become unsatisfied with ANP policies.

She has since joined the Arakan League for Democracy (ALD), a party that disbanded before the 2015 election to help form the ANP and now aims to battle against it in the 2020 election.

Observers from the Rakhine community, including Thailand-based political analyst U Wong Aung are predicting that the ANP will have problems in the 2020 general election if it cannot resolve its current infighting.

"Driving out party members based on emotion is deeply concerning," said U Wong Aung.

With the election in mind, the Union Election Commission (UEC) officially recognized the ALD as a political party on July 18. The ANP argued to the UEC that the ALD flag and logo were too similar to their own and could confuse voters, but their objection was rejected.

The ALD flag (left) concerned the ANP, which argued it was too similar to its own flag (right).

Return of the ALD

The ALD and Rakhine Nationalities Development Party (RNDP) merged into the ANP in order to prevent vote splitting in the 2015 election—a gambit that paid off, as it won 45 out of 77 seats it contested. But the new incarnation strained after the formation of its CEC.

To the chagrin of some of its members, the ANP released a statement in January 2016 refusing to "join any government organization" but to "stand as an opposition party for the interests of Arakan people" after the NLD chose one of its own for the state minister post. Six former ALD members were then expelled for holding a press conference protesting the announcement.

Soon after, the ANP released a second statement warning that any of its MPs-elect who accepted an offer from another party to serve in a ministerial post or other leadership position without informing the party would be expelled.

In September 2016, former ALD members announced they were leaving the ANP and the merger dissolved.

Prominent ALD member U Myo Kyaw said the purpose of his party's reemergence is to restore the pride of the Arakanese within the region and before the international community because, he said, the current actions of the ANP are shaping the Arakanese people into a villain on the international stage.

"We just want to prevent Rakhine from going into the wrong political direction," he said. "For example, there were a lot of protests instead of seeking options to solve the problems [in the state]. Eventually, the international community thought of us as barbaric."

U Myo Kyaw explained that his party is focused on achieving a democratic federal Union, regional stability, security in border affairs, collaboration with the NLD, resource sharing with the Union government, and gaining a "reasonable" percentage of youth representatives in the executive committee of the party.

"We are rich in resources and sell exports everyday but we have no idea how much income we get daily," said U Myo Kyaw, referring to the Union government's control of the regional budget.

The strength of the ANP in the state parliament after the 2015 general election compared to now.

'Tougher Than 2015'

The ANP will not repeat its 2015 electoral success in 2020, especially in southern Rakhine, according to Kyaukphyu Rural Development Association (KRDA)'s coordinator U Tun Kyi.

The ALD has a strong foothold in the southern townships of Myebon and Ramree, he said, and its headquarters is based in the northern township of Kyauktaw. Other seats such as Thandwe, Taungup and Gwa are strong constituencies of the NLD, he added.

U Myo Kyaw said it was premature to reveal his party's strategy, but he did suggest it would target its strongest areas.

ANP lawmaker U Pe Than forecasted vote splitting for the 2020 election, expressing concerns that even the NLD could possibly steal some seats in prominent ANP constituencies.

But U Tun Aung Kyaw, the ANP secretary, was confident for his party, saying that as an established party, it would echo the NLD's robust performance in 2015, when it won many Union and regional seats.

"The 2020 election will be a tug of war between maturity and political enthusiasm," said U Wong Aung. His statement reflects a common battle among Arakanese voters between that of nationalism against a more flexible, liberal approach.

KRDA coordinator U Tun Kyi said the young, educated Arakanese of today would see how the "opposing policies" of the ANP would turn out over the decade. He added that many voters do not comprehend ANP's policies but balloted for the party on nationalist sentiments.

"ANP can win, but it will be tougher than the 2015 election in the southern constituencies," he said.

U Wong Aung believes the ANP should make reforms during the coming party conference, including the development of precise policies and the involvement of the younger generation in leadership roles. He added that if the party "drags its feet," it would face "greater challenges."

The post News Analysis: Critical Shifts in Rakhine Politics appeared first on The Irrawaddy.

Myanmar Asks WHO to Help Fight H1N1 Virus

Posted: 27 Jul 2017 12:20 AM PDT

NAYPYITAW — Myanmar's government requested help from the World Health Organization (WHO) on Wednesday after the H1N1 influenza killed six out of 20 confirmed cases in the country, according to the Ministry of Health and Sports.

The ministry sent an official report to the WHO, outlining its needs to help control the virus, said deputy director general of the Public Health Department Dr. Than Tun Aung.

"We asked WHO to provide medicatios as well as vaccines and funds for medical services if possible. We also asked for diagnostic tools and preventative things. They will give us these, and they won't neglect us," he told The Irrawaddy.

The deputy director general also said that the government would seek international assistance, including from the UN, China and the United States.

Union health minister Dr. Myint Htwe will hold a national level meeting on prevention and treatment of H1N1 influenza flu—often referred to as swine flu—with international medical experts and local and foreign physicians at the Nursing University in Yangon on Sunday in order to adopt short- and long-term plans.

"We've not yet decided whether or not to conduct vaccinations. The prevention rate of the vaccine is no more than 60 percent. And the government is short on its budget to buy and provide vaccines," said a health officer from Naypyitaw who asked for anonymity.

He said the meeting on Sunday would perhaps decide whether or not to conduct a vaccination campaign.

So far, 20 H1N1 cases have been confirmed—eight in Yangon, one in Irrawaddy Region's Pyapon Township, one in Pegu Region, and 10 in Chin State's Matupi Township.

Of them, five in Yangon and one in Matupi have died. Two children were admitted to Yankin Children's Hospital in Yangon on Wednesday after being suspected of contracting H1N1.

One of them was H1N1 positive and another was suffering from H3N2 seasonal flu, according to the health ministry.

Countries in the region including China and the Philippines have enquired about the H1N1 outbreak in Myanmar, stated the ministry, adding that it is carrying out checks at airports, seaports, and border gates to ensure the virus does not spread outside the country.

Dr. Than Tun Aung said the health ministry is working its hardest to prevent the virus from growing into a public health emergency.

"Whether the disease will become worrying depends on the people. If the people follow our instructions, it will have the least impact. But if they don't, it may spread more easily. If they go to crowded places like parties, they are more likely to contract the virus," he said.

The health ministry has also dispatched public response teams to places where H1N1 was discovered, and is keeping the hospital staff and patients under surveillance. It has also prepared to send the infected patients to a specialized hospital in Yangon's North Okkalapa Township.

"In case the patient dies, we prohibit those who had lived together with him or her from travelling. And we have to keep them under home medical surveillance. They also need to take care of themselves," said Dr. Than Tun Aung.

Translated from Burmese by Thet Ko Ko.

The post Myanmar Asks WHO to Help Fight H1N1 Virus appeared first on The Irrawaddy.

Four Dead in Bus Collision

Posted: 26 Jul 2017 11:08 PM PDT

YANGON — Four people were killed in a bus collision on the Yangon-Pathein highway in Pantanaw Township of Irrawaddy Region on Wednesday afternoon, local police confirmed to The Irrawaddy.

A Ye Aung Lan highway bus driving from Rakhine State's Thandwe Township to Yangon collided head-on with a Saydanar Shin express coach when the Ye Aung Lan bus tried to overtake another coach, according to the police official.

The Saydanar Shin coach driver and three other passengers on the same bus were killed instantly, said the official, adding that 13 passengers are receiving treatment at Pantanaw General Hospital.

Staff at Pantanaw General Hospital confirmed they had received several patients from a traffic accident, although they did not give an exact number.

The Irrawaddy was directed to call the hospital manager, but could not reach the manager for further comment.

Police have launched investigations into the crash under Penal Code sections 304(a) for causing death by negligence, 337 and 338 for causing hurt and grievous hurt by an act endangering the safety of others.

Locals wrote on social media that the two-lane highway is too narrow to overtake vehicles if there is a car in the opposite lane.

The post Four Dead in Bus Collision appeared first on The Irrawaddy.

Death, Lies, and Videotape

Posted: 26 Jul 2017 07:38 PM PDT

The shaky mobile phone footage of Myanmar Army soldiers questioning and beating men wearing civilian clothes shocked social media followers in recent weeks. Rights groups seized on the 17-minute long footage, claiming it demonstrated ongoing abuses by the military, or Tatmadaw, especially as government, military and ethnic armed groups leaders were meeting in the capital Naypyitaw for the 21st Century Panglong Peace conference in late May.

There is no denying the brute force impact of the footage, with soldiers striking handcuffed men with helmets, kicking them, and threatening them with sharp weapons, while demanding information, in Burmese, and through interpreters in Palaung, on suspected hidden weapons. Rights groups quoted in The New York Times claimed the footage was taken in recent days or weeks, yet it was determined subsequently to be two years old, pointing to the perils of premature social media posting of conflict reports.

The provenance of the film was soon under question after its initial Facebook appearance. The respected conflict journalist Lawi Weng of The Irrawaddy, citing sources from the Ta-ang National Liberation Army (TNLA), reported the footage was from an incident in Northern Shan State from 2015 (Lawi was recently arrested in Shan State by Myanmar Army soldiers and charged under the Unlawful Associations Act. He faces three years in prison if convicted).

The TNLA's political wing, the Palaung State Liberation Front released a statement clarifying that the footage was filmed on May 27, 2015, in Nampaka village, Kutkai Township involving troops from Light Infantry Division 88 and their Panshay militia allies. Four men in the video were arrested and held in detention until their release in May 2016. It was a rare and welcome announcement on May 31 this year from Myanmar's State Counselor Daw Aung San Suu Kyi's office that the footage "is being investigated and if any abuses are discovered, actions will be taken against the perpetrators according to existing laws, procedures and regulations." These are likely hollow words: the civilian government has no control over military operations or justice, and its track record on investigations of abuses is dismal.

But the recent footage was by no means the first, or even the most graphic that has emerged over the past two years from Myanmar's many conflict zones. In early 2016, footage that appeared on social media purported to show Tatmadaw troops and Pyithu Sit (People's Militia) forces torturing men in a Ta-ang village called Say Kin on December 23, 2015. That footage was confirmed by Ta-ang civil society groups soon after the incident, but it didn't excite the same social media attention. In recent months, footage and photos have appeared on social media of dead men in northern Shan State, often with voices off-camera speaking Burmese. The specific location, date and people involved cannot be confirmed, given the widespread nature of conflict in the area and the difficulty of accessing and verifying the footage.

For many long-term observers of the armed conflict in Myanmar, the emergence of horrific footage is merely a cinéma vérité confirmation of consistent reports of atrocities perpetrated by the security forces against ethnic civilians, conforming to the culture of recreational sadism that has permeated the Tatmadaw's approach to counterinsurgency for decades. But it should not necessitate the release of home-video torture clips to bring attention to the almost daily abuses being perpetrated in the complex, multi-sided armed conflict in northern Shan State. Amnesty International released a detailed report on war crimes in Shan State at the same time as the video went viral, but it received lamentably little international media attention. The Ta-ang Women's Organization released a highly-detailed report in mid-2016 called 'Trained to Torture' on years of military abuses in northern Shan State, and the international community barely noticed.

The Shan video and its initial claims of being recently filmed demonstrates the perils of unfiltered information on social media, what in intelligence circles is sometimes referred to as 'stovepiping': the elevation of primary reports to prominence without the necessary verification and contextualizing. This phenomenon permeates the echo-chamber culture of conflict analysis in Myanmar, which has led to a number of cases of misreporting and over-dramatization of events. The Shan State video was but a small, recent example of stovepiping, but the communal tensions and repression of Rohingya Muslims in Rakhine State is infused with misinformation that often distorts the undeniable horrors of state repression and abuse of human rights. Stovepiping is perfectly suited to the rapid-fire demands of Facebook and Twitter, but it contributes to a lot of confusion.

During the security operation in northern Maungdaw Township responding to the attack by suspected Rohingya Muslim militants that killed nine Border Guard Police officers, the government refused access to the media, human rights researchers and humanitarian aid workers. Harrowing reports of widespread abuses including killings, torture and ill-treatment, and sexual violence, were backed up by satellite imagery that clearly showed extensive arson of Rohingya Muslims' villages. Around 75,000 Rohingya fled into Bangladesh, where they gave testimony to United Nations investigators, the media and human rights researchers.

Despite the indisputably sadistic nature of the security 'area clearance' operation, by denying access for investigators, the government is ultimately responsible for the resultant flood of fabricated photos, exaggerated reports, and clumsily produced videos that purported to show government abuses in Maungdaw. In one case in December last year, I was sent a number of photos claiming to show Myanmar Army killings in a Rohingya village in Rakhine State. All nine photos were crude fakes. A colleague simply reversed the images in a Google search, and we quickly determined they originated from photos of corpses and conflicts in Africa, the Middle East, southern Thailand and in one case, Myanmar police in Rakhine State in a photo shot in 2012. One of dozens of videos distributed during the months-long military operation in Rakhine State and flooded on YouTube was called "Rohingya Mujahideen Fight Myanmar Army in Maungdaw," which showed army helicopters and armored vehicles crossing terrain towards distant smoke plumes. But it wasn't Maungdaw. It was a Tatmadaw live-fire exercise near the central Myanmar city of Meiktila, crudely relabeled.

The government seized on some of the 'fake news,' taking a handful of the crudest ones, which showed men torturing a toddler in Cambodia, and using it to refute more credible reports of serious human rights violations. Official government Facebook pages, including from ministries under Daw Aung San Suu Kyi, emblazoned 'Fake Rape' on posts to callously dismiss disturbingly wide-ranging reports of sexual violence perpetrated by security personnel against Rohingya women and girls. The clumsy, caustic and at times clearly desperate fake news produced around the world by Rohingya activists and their allies, or as part of an elaborate discrediting campaign from pro-government sources, was soon used as a shield by the government to reject reports of abuses. Rather than chalking up reports of abuses to fake news,  the government should have been aware that regardless of any exaggerations, the extent of state violence in Rakhine State clearly warranted strong condemnation, an appeal for restraint, and a commitment to a genuine investigation.

Much of the fabricated video and photos are desperate measures to raise awareness and compel greater pressure for intervention in the international community, but they have the effect of stoking outrage over the treatment of the Rohingya by many people in the wider Muslim world, and exciting even more extreme enmity against the already vilified Rohingya within Myanmar. The plight of the stateless Rohingya in Myanmar is irrefutably horrific and unjust especially since the violence in 2012, but its long and difficult improvement won't be helped if the misreporting and exaggerations of the past five years continues to frustrate an accurate assessment of the manifold miseries they are subjected to, and placed in context with the complex situation of all communities of Rakhine State.

The deplorable decision by the Myanmar government to deny visas to a United Nations formed fact-finding mission to investigate recent reports of abuses by the security forces, in all of Myanmar with special reference to Rakhine State (not, as so much media coverage has misreported, as just a probe into the recent Maungdaw violence) will likely fuel the production of more fabricated reports and multimedia to bolster exaggerated claims of abuses. The fact finders are advised to be vigilant in how they treat information coming out of conflict zones in Myanmar, and subject all reports to rigorous analysis, and be wary of information stovepiped direct to social media. Disinformation plays into the hands of government deniers and conflict actors wanting to divert blame. The government, and especially the Tatmadaw, have a great deal to hide in their brutal conduct in Rakhine State and war zones in the north, and disinformation should be determined and dismissed in the careful pursuit of accountability.

David Scott Mathieson is an independent analyst working on a range of peace, conflict and human rights issues inside Myanmar and for many years along the Thailand-Myanmar border. From 2006-2016 he was the Senior Researcher on Burma for Human Rights Watch.

This article originally appeared in Tea Circle, a forum hosted at Oxford University for emerging research and perspectives on Burma/Myanmar.

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