Monday, January 29, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

Deputy Minister Tells Tycoon to Finish Yangon Road Project by May or Lose Concession

Posted: 29 Jan 2018 05:26 AM PST

YANGON — Myanmar tycoon U Khin Shwe's Zaykabar company will have its contract terminated if it fails to complete the Kawhmu-Kungyangon-Dedaye road project by May, Deputy Construction Minister U Kyaw Tin warned on Friday. The road connects townships on Yangon's outskirts.

Speaking in the Upper House, the deputy minister said the ministry has already warned the company that it must complete the section of road by the end of May, before the rainy season starts. He was replying to a question from Upper House lawmaker U Kyaw Htwe regarding the non-compliance provision in the company's agreement with the ministry.

"If the company is unable to complete the work in time, it will face termination of its contract," the deputy minister said.

Zaykabar has been building the Hlaingtharyar-Dala-Twante-Kawhmu-Kungyangon-Dedaye road connecting the rural outskirts of Yangon since the early 2010s.

U Khin Shwe was himself once a member of the Upper House representing Kawhmu Township for the former ruling Union Solidarity and Development Party (USDP). The construction tycoon used to tell his constituents that he spent his own funds on infrastructure development for the constituency.

Kawhmu is the constituency in which State Counsellor Daw Aung San Suu Kyi was elected to the Lower House in the 2012 by-election and the 2015 general election. In 2015, U Khin Shwe lost his Upper House seat to a National League for Democracy candidate.

The deputy minister said the company had been granted a contract to construct nearly 55 miles of road on the Hlaingtharyar-Dala-Twante-Kawhmu-Kungyangon-Dedaye route by the Ministry of Construction's Department of Roads under the previous government.

He said an agreement was signed on Oct. 8, 2013. Of the 55-mile stretch, the company has completed about 41.5 miles, with the nearly 13.5-mile Kawhmu-Kungyangon-Dedaye section still to be built.

The company still has to lay down a 24-foot-wide asphalt-concrete stretch along the 5.5-mile Kawhmu-Kungyangon section, widen seven bridges and lay an 18-foot-wide additional layer of asphalt along the 8-mile-long Kungyangon-Dedaye section.

U Khin Shwe told The Irrawaddy that the work had been delayed because the Ministry of Construction had yet to permit the collection of road tolls on that section.

He claimed he had already spent over 15 billion kyats on the project, and the remaining section would require another 4 billion kyats.

He said that he and the ministry had agreed that he would finish by December 2018, and that the ministry would issue the company a permit to collect road tolls.

Responding to the minister's warning, he said: "It's not official. I never heard that, and they cannot enforce that," he said.

He said he had not received any notice from the Ministry of Construction that the company would have its concession terminated if the work was not complete by May.

He said he had also sent a letter to the Parliament speaker asking him to withdraw lawmaker U Kyaw Htwe's question from the parliamentary record, saying it defamed him and his company.

The post Deputy Minister Tells Tycoon to Finish Yangon Road Project by May or Lose Concession appeared first on The Irrawaddy.

Uniformed Peace Performers Upset Military

Posted: 29 Jan 2018 04:52 AM PST

The Myanmar military, or Tatmadaw, strongly criticized the use of generic military uniforms at a performance held to support peace-building activities, as well as an accompanying speech by former student leader U Min Ko Naing in Yangon on Jan. 27.

The activities, which included a dramatic performance, singing and a football match, were organized by the 88 Generation Peace and Open Society, and intended to foster support for the government-sponsored 21st Panglong Peace Conference. Union parliamentary speaker U Win Myint and Yangon Region Chief Minister U Phyo Min Thein attended the event while U Win Myint relayed a peace message from State Counselor Daw Aung San Suu Kyi.

U Min Ko Naing, a leader of the 88 Generation Peace and Open Society, urged all military groups, including the Tatmadaw and the ethnic armed organizations, to boost their efforts to achieve peace quickly during his address to the crowd on Saturday.

At a performance illustrating the lack of peace in the country, the uniforms worn by the participants bore no insignia belonging to either the Tatmadaw or the rebel armed groups. The actors pointed guns at the civilians and children begged the soldiers for peace. The performance ended with both sides laying down their arms.

The Tatmadaw's True News Information Team said in a statement on Sunday that such performances "undermined the Tatmadaw's dignity" among the public as well as the international community at a time when its efforts are focused on implementing peace through the nationwide ceasefire agreement. In a post on the Commander-in-Chief's Office's Facebook account, it said the organizers did not seek permission from the Tatmadaw to impersonate soldiers and the uniforms did not conform to military regulations, while the arms were sub-standard.

U Jimmy, another leader of the 88 Generation Peace and Open Society, told The Irrawaddy on Monday that the aim of the performance was to encourage "stakeholders in the country to work in unison toward a successful peace-building process."

"We believe peace can be achieved faster with meaningful public involvement as peace-building is directly related to the people," he said.

The uniforms at the performance were just dark green military fatigues that showed neither ranks nor insignia, so the organizers believed they did not need to seek permission as the message was a general one about stopping fighting between the different armed groups.

"It is universal that armies wear such colored uniforms; as we did not refer to any specific armed forces, whom should we ask for permission?" U Jimmy said.

The Tatmadaw said U Min Ko Naing's speech, in which he claimed every armed force uses child soldiers, neglected the Tatmadaw's efforts to eradicate the use of child soldiers in its ranks since 2012. It said U Min Ko Naing's use of the phrase "every armed force" could imply that the Tatmadaw was also guilty of conscripting child soldiers.

U Min Ko Naing said the key message of the performance was about soldiers laying down their arms to end the fighting and create peace, as he explained to DVB TV on Monday.

The 88 Generation Peace and Open Society has been doing public demonstrations in support of the government's peace-building campaign for several years. It held such gatherings in Yangon and Tanintharyi last year, and plans to conduct more public performances around the country.

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Rakhine Politician, Author Charged with Defamation, Unlawful Association

Posted: 29 Jan 2018 04:45 AM PST

YANGON — Prominent Arakanese politician U Aye Maung and author Wai Han Aung were charged with defamation and unlawful association during their appearance at the Rathedaung Township court in Rakhine State on Monday, according to the author's defense lawyer.

The two were arrested two weeks ago in Sittwe, the state capital, for remarks at a public lecture expressing support for the ethnic armed group the Arakan Army in Rathedaung earlier this month. Authorities had scheduled their first hearing for Jan. 31 but moved it up by two days.

"We have heard that authorities are planning to file additional charges against Dr. Aye Maung at the Sittwe court," Daw Aye Nu Sein, Wai Han Aung's lawyer, told The Irrawaddy.

More serious charges such as high treason can only be tried by a district court, such as the one in Sittwe.

Daw Aye Nu Sein said she did not know if U Aye Maung, a lawmaker in Rakhine State's Lower House, had secured his own lawyer.

She said U Ba Than, who organized the lecture in Rathedaung that sparked the court case, was charged with the same articles as the author and politician but did not appear during Monday's 15-minute hearing.

Wai Han Aung's brother Ko Thein Win said nearly 100 armed Sittwe police accompanied the two defendants on their short drive from Sittwe prison, where they are being held, to the local jetty early Monday morning for the boat trip to Rathedaung. They arrived at court at about 10:20 a.m.

Dozens of police were also deployed in Rathedaung for their arrival. Local authorities temporarily blocked off roads around the court, while passenger boats and schooners arriving on their daily supply runs were barred from docking at the jetties until 11:00 a.m.

Ko Thein Win said relatives of the defendants and journalists alike were not allowed to see the suspects and were informed that the next hearing was scheduled for Feb. 9.

"They should have allowed us to meet with my brother. It's really unfair and unacceptable to me," he said. "The security deployment was quite similar to a military operation; residents were scared of their behavior."

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On Anniversary of NLD Lawyer’s Assassination, Colleagues Recall His Last Days

Posted: 29 Jan 2018 03:22 AM PST

YANGON — As he was hailing a taxi outside the international arrivals hall at Yangon International Airport, U Min Aung heard a "pop". Then he saw a man running, brandishing a gun. "Someone got hit!" people cried. U Min Aung turned to see U Ko Ni, a legal adviser for Myanmar's ruling National League for Democracy party, lying in a pool of blood on the pavement.

"I rushed to the scene and saw blood oozing from U Ko Ni's head. A man who said he was a doctor was performing CPR," the NLD lawmaker recalled.

He took the lawyer's hand to feel for a pulse. There was none.

The incident took place at around 5 p.m. on Jan. 29 last year. U Min Aung, the lawmaker and then municipal minister for Rakhine State, had arrived via Singapore on a Silk Air flight from Indonesia, where he had accompanied U Ko Ni on a weeklong study tour to learn about democratic transition and peaceful coexistence among different communities. They were part of a Myanmar government delegation made up of Information Minister U Pe Myint, the deputy ministers for home affairs and border affairs, and Rakhine and Muslim community members. All had returned on the same flight.

Today marks the first anniversary of the assassination. The motive for U Ko Ni's murder is still unclear despite four men, including the gunman, having been on trial for 10 months. Another main suspect is still at large.

Many have speculated that the lawyer's agitation for constitutional change was the reason he was killed. U Ko Ni was a constitutional expert who had long lobbied for the drafting of a new national Constitution to replace the current, military-drafted charter, which has been criticized as undemocratic. While the motive for the murder has never been satisfactorily explained, according to the minister for home affairs, it was a "personal grudge" on the part of the arrested suspects, who he said were "resentful" of U Ko Ni's political activities. However, many suspect the involvement of more powerful people eager to put an end to the reform efforts of the prominent NLD lawyer.

Recalling the events of that day, U Min Aung said he was deeply touched by what he saw.

"It was really shocking," he said on the eve of the anniversary of the assassination.

U Ko Ni gives a talk on polling station agents ahead of the 2012 by-election in Kawmu Township, where Daw Aung San Suu Kyi contested a seat. (Photo: U Ko Ni / Facebook)

Destined for Tragic Death

For Ko Mya Aye, another member of the delegation, the lawyer's death proves the old saying, "If a bullet has your name on it, nothing else can take you away."

"It might not have happened if our flight had been delayed as was initially announced," said Ko Mya Aye, who joined the delegation as a former student activist and a Muslim representative.

The former 88 Generation Students leader, now a leading member of the Democratic Federal Force group, told The Irrawaddy that the nearly-two-dozen-member delegation arrived at Jakarta International Airport on Jan. 29 to learn that their Silk Air flight had been delayed. They were told to take a TG flight instead.

"If we had flown TG, we would have arrived at night and things would have been different, I think," he said.

But it later turned out that the Silk Air flight would be taking off as scheduled, so the delegation remained on the flight. They landed in Yangon at 4:40 p.m. The group cleared passport control and Ko Mya Aye jumped into a family car after saying goodbye to his travel companions, including U Ko Ni, who was talking to his daughter on the phone.

Minutes later, on his way home, his cell phone rang. "U Ko Ni was just gunned down at the airport!" one of the delegation members informed him.

"I was in total shock, as I had never heard of something like this happening in these times. I rushed back to the airport," Ko Mya Aye said, recalling his memories of the tragic evening a few day before its anniversary.

U Ko Ni (center) at the Union Peace Conference in Naypyitaw in September 2016. (Photo: U Ko Ni / Facebook)

A Moderate Muslim

Describing U Ko Ni as a "progressive Muslim" who wanted to see positive change among Myanmar's Muslims, the former student leader said he had known the lawyer since 2012 when Ko Mya Aye was released from prison after serving a sentence for political activism. He got to know U Ko Ni better while lobbying for constitutional change on behalf of his former organization, 88 Generation Students.

During the Indonesian trip, Ko Mya Aye said, they had a chance to learn about military involvement in the country's democratic transition, as well as terrorism and how the government and civil society groups managed to restore peaceful coexistence between Muslim and Christians on Maluku Island after sectarian conflict there in 1999-2002. International Crisis Group estimates that the conflict claimed at least 5,000 lives.

During the trip, inspired by what they had seen and learned, the delegation members discussed what should be done for Rakhine State, an area torn by communal strife between Buddhist Rakhine and Muslim Rohingya in western Myanmar.

Ko Mya Aye and U Ko Ni organized two group discussions between Rakhine and Muslim representatives from conflict-torn Buthidaung and Maungdaw townships.

The outcomes were pretty good, Ko Mya Aye said, with participants finding common ground to settle their differences. During the trip, they learned that solutions could only come through dialogue, and that violence was never the answer, he added.

"We agreed to hold more discussions on how to overcome controversial issues like the term 'Rohingya' when we got back to Yangon. Ministers were eager to support us. But with the death of U Ko Ni, everything has stalled," he said.

U Min Aung and Ko Mya Aye agreed that U Ko Ni had been very active throughout the tour, showing particular interest in the Indonesian military's participation in the country's democratic transition and the restoration of peaceful coexistence on Maluku island.

"He asked many good questions relating to those issues during our meetings with officials there," U Min Aung remembered, before adding, "With his death, the plan to have more meetings in Yangon has fizzled out."

The cover of 'How to Fix the Constitution' by U Ko Ni, published in 2013. (Photo: U Ko Ni / Facebook)

A Big Loss

Ko Mya Aye said he admired U Ko Ni for his impartial vision, based not on race or religion but on what was best for the country.

He said they shared similar ideas on citizenship rights for Myanmar's Muslim community, adding that he relied on U Ko Ni for legal advice in this area.

"We don't seek privileges. Just citizenship rights. We don't care about ethnicity either, frankly. I liked him for that flexibility and progressiveness. His death is a great loss for us," he said.

U Min Aung said he did not know U Ko Ni prior to the trip but was impressed by his legal knowledge and burning desire for constitutional change.

"I have to say his death is a big blow for the country's legal sector and to the effort to reform the charter," the lawmaker said.

Asked about the ongoing trial of those involved in the killing, Ko Mya Aye expressed disappointment that the mastermind was still at large and that the motive remained unclear.

He worried that delays could prompt people to speculate about the case. "It's bad for the government," he said.

"What I want in this case is justice. But I don't dare to hope it will be done," he added.

Why?

"Because there is no rule of law in the country," he said.

The post On Anniversary of NLD Lawyer's Assassination, Colleagues Recall His Last Days appeared first on The Irrawaddy.

Government Orders Cut in Teak Production, Bans Private Timber Operations

Posted: 29 Jan 2018 02:39 AM PST

YANGON — The government has ordered timber production be reduced by 40 percent in the 2017-18 fiscal year, while banning private timber operations altogether, according to the Naypyitaw Forestry Department.

The department will oversee the production of only 15,000 tons of teak and 350,000 tons of hardwood from forests across the country.

According to the department, the state-owned Myanma Timber Enterprise has a quota to cut down 19,200 teak trees and 592,330 timber trees annually, but this fiscal year it will harvest only 10,620 teak trees and 193,412 other timber trees.

Moreover, the government has placed a ban on private logging in order to control the loss of forest cover, said U Aung Chein, director of the Forestry Department.

"We no longer grant permits to private loggers. Only Myanma Timber Enterprise is producing timber and teak now," he said.

The government has imposed a 10-year ban on the logging of teak and timber covering the entire Bago Mountain Range, the major source of Myanmar's world-famous strain of teak, from 2017 to 2027.

At present, forest covers 29.31 percent of the Bago Mountain Range, according to the Bago Region Forestry Department.

Besides reining in timber production, over 350,000 acres of forest will be established from 2017 to 2027, in order to compensate for deforestation, according to the Forestry Department.

The afforestation project includes establishing government-owned and privately owned forests, community forests, as well as conservation initiatives.

U Tin Aye, secretary of the Myanmar Forest Association, also stressed the importance of conserving existing forests.

"While afforesting, the government should also engage in conservation. It should have specific plans to prevent illegal logging," he said.

According to a 2015 survey by the Food and Agriculture Organization (FAO), Myanmar had experienced the third-worst deforestation in the world in recent years, with the country losing at least 1.34 million acres of forest from 2010-2015.

In April 2013, the U Thein Sein government banned the export of raw timber in order to limit deforestation.

The export value of timber and forestry products averaged over $500 million annually before the 2013 ban on raw timber production. Still in the 2013-14 fiscal year, the export value reached nearly $1 billion, according to the Ministry of Commerce.

In the following fiscal year, the export value dropped to only $93 million, while in the 2015-16 fiscal year it was $212.9 million in, and in the 2016-17 fiscal year $247 million.

According to the Ministry of Natural Resources and Environmental Conservation, forests still cover 47 percent of the country.

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Teachers’ Federation Condemns Dismissal of Student Protesters from University

Posted: 29 Jan 2018 01:26 AM PST

MANDALAY — The Myanmar Teachers' Federation condemned the Ministry of Education on Sunday for the dismissal of student protesters from their respective universities and called for reconsideration.

The statement issued by the MTF on Sunday said that the number of student protesters dismissed from their universities following a brief detainment is up to 36 and that more are on a list for dismissal.

"Dismissal of the students who protested for an increase in the education budget could scare students into not exercising freedom of expression in the future," said Dr. Sai Khaing Myo Tun, president of the MTF.

"The students can be given a warning to start, according to the rules and regulations at each university.

We condemned the dismissal and urge the ministry to reconsider it," he added.

When asked by journalists at an event in Mandalay, the chief minister of Mandalay said the student protesters were handled in line with the law.

However, the MTF said the actions of the authorities go against democratic ways.

"Authorities should not be so harsh. The immediate dismissal will jeopardize freedom of expression," he added.

The MTF said it would concentrate on negotiations with the ministry to ease the situation.

According to the expelled students, the number of students dismissed from their universities reached 40 on Monday.

"We think all 72 students who were detained will be expelled," said Ye Myo Swe, a law student from Yadanabon University.

The students said they would have to submit an appeal in order to continue their studies, which they do not accept.

"We will not return to class until the dismissals are abolished. We will not appeal our dismissals," the students said.

They added that they would continue to press for an increased education budget, as well as other requests that benefit student welfare.

"No matter what punishment is on the way, we will do what we have to do. If I am arrested, there will be another person who will carry on," said Ye Myo Swe.

For the first time under the current government, students from Mandalay, Meiktila, Sagaing, Monywa, Kyaukse, Mohnyin and Pathein gathered at Mandalay's Yadanabon University and set up a protest camp for an increase in the education budget on Jan. 22.

Seventy-two protesters, including 13 female students, were briefly detained on Jan. 25, and then escorted home.

The student union from Yangon University held a press conference on Monday and stated that it would march in protest if the expelled students were not readmitted.

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Developers Ask Govt to Help Spur Construction Sector

Posted: 29 Jan 2018 01:10 AM PST

YANGON — The Myanmar Construction Entrepreneurs Association (MCEA) has called for government intervention to help the construction industry, said the association's vice chairman, U Shein Win.

The association met in Mandalay on Friday to address the challenges facing the construction industry and submitted a list of proposals to the government through Mandalay Region Chief Minister U Zaw Myint Maung.

"The construction industry is one of the major sources of tax revenue for the country. If this industry collapses, the country would have no way to develop," said U Shein Win.

The association offered six proposals, including a reduction in the tax rate on property transactions from 30 percent to 5 percent for two years, bank loans for construction projects with repayment periods of three to 10 years, and a reduction of the interest rate on bank loans from 13 percent to 9 percent.

It also called on the government to provide home mortgages with 15- to 20-year terms.

The construction industry requires long-term investment and has had to rely mainly on bank loans because business has been slow for the past few years, said developer U Maung Weik.

But the Central Bank of Myanmar has restricted loan repayment periods to three years, which has put most developers on the brink of collapse.

In 2016 the government introduced a 30 percent tax rate on property transactions based on the price of the property, a move that developers said has increased tax evasion and proved a challenge for the construction industry.

"If the tax is not at a proper rate, people don't want to pay it. This is usually followed by bribery, and the government also loses tax revenue," said U Myo Myint, chairman of the Young Developers Association.

U Zaw Myint Maung reportedly accepted the association's proposals and promised to share them with State Counselor Daw Aung San Suu Kyi. The chief minister reportedly also urged developers to lobby lawmakers for government assistance for the construction industry.

U Shein Win said the association was set to meet with regional authorities in Yangon and Naypyitaw.

Translated from Burmese by Thet Ko Ko.

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Senior NLD Member is Noticeably Absent from Monthly Meeting

Posted: 28 Jan 2018 11:31 PM PST

NAYPYITAW — U Win Htein, who is on a vacation in Australia, remains a central executive committee member of the ruling National League for Democracy (NLD), said U Nyan Win, chairman of the NLD information team after the NLD CEC monthly meeting in Naypyitaw on Sunday.

"U Win Htein remains a CEC member. He did not report to us about his travel. I don't know if he reported to someone else. Only he knows what role he is in. We don't know. Today, as you see, he is absent, and we didn't discuss him," U Nyan Win told reporters.

U Win Htein traveled to Australia on Jan. 14 for a vacation following the lavish wedding celebration of his son, Hsan Win Htein, in early January, which was negatively compared by some netizens with the famously opulent 2006 marriage of the daughter of then military dictator Than Shwe.

Rumors circulated on social media that the party had suspended him from his duties, and even that he had resigned.

"We didn't discuss U Win Htein. It was not on the agenda. He remains a CEC member," said U Tun Tun Hein, a CEC member of the NLD.

Except for former Irrawaddy Region chief minister U Mahn Johnny, who applied for leave, all of the CEC members including U Win Myint, U Nyan Win, U Phyo Min Thein, Dr. Aung Moe Nyo, U Hantha Myint, U Ohn Kyaing, Dr. Myo Nyunt, Daw May Win Myint, Dr. Zaw Myint, U Nyi Pu and U Aung Soe were present at the meeting.

The major decision reached at the meeting was "to work harder" within the party, said U Nyan Win.

"We have received complaints against more than 100 party members. We discussed whether we need to investigate those complaints or not, and if so, how we should proceed," said U Nyan Win.

There are complaints against state and region chief ministers, ministers, and lawmakers, but not Union-level ministers, he said, adding that a further cabinet reshuffle is unlikely in the immediate future.

Translated from Burmese by Thet Ko Ko.

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Shivering in the Tropics: Southeast Asia Faces ‘Cooling Crisis’

Posted: 28 Jan 2018 07:46 PM PST

KUALA LUMPUR — Southeast Asia faces a "cooling crisis" as more and more people crank up inefficient air-conditioning to cope with rising temperatures and worsening air pollution, researchers said.

More than 420 managers and experts from government agencies and multinational companies in Indonesia, Malaysia, Singapore, Thailand, the Philippines and Vietnam took part in a survey on cooling systems and energy efficiency, conducted by Eco-Business and released at a Bangkok conference on Monday.

Energy demand from members of the Association of Southeast Asian Nations (ASEAN) climbed 70 percent from 2000 to 2016, with air-conditioning accounting for a large part of household electricity demand, the report said.

The trend is likely to continue as populations grow, cities expand and wealth levels increase.

"The domestic aspect of electricity consumption has grown massively – more so than industry and the service sector in ASEAN – and as a result the air-conditioning bill is going through the roof," said Tim Hill, research director at Eco-Business, a media organization covering sustainability in Asia.

Electricity for the region’s air-conditioning units is largely provided by coal-fired power stations.

The report urged governments and businesses to adopt new policies and rules to help countries meet global targets to cut planet-warming emissions.

"Governments need to drive this by putting in regulations that enforce more efficient forms of air-conditioning – making sure they're not dumping grounds for old-fashioned products," Hill told the Thomson Reuters Foundation.

The survey's respondents said manufacturers and suppliers of air-conditioning should focus on producing more energy-efficient systems and educating customers better.

Excessive cooling in public buildings – like offices, shopping centers and cinemas – must also be tackled, while public awareness campaigns would help promote energy efficiency.

Cinema-goers in some Southeast Asian cities bring socks to keep warm, while officer workers wear woolly hats and shoppers in malls can be seen wearing winter jackets to stop the shivers. At street level, air-conditioned shops often keep their doors open to entice buyers.

"Air-con is designed to make people feel more comfortable but it's actually doing completely the reverse – it's making people feel more uncomfortable and making them more unproductive by freezing them," Hill said.

Stricter government regulations that promote or enforce energy-efficient cooling systems, and financial incentives to install such systems in homes would help, the report said.

Consumers, businesses and governments must also work together to manage electricity demand better, reduce emissions and pollutants, and move away from a reliance on coal-fired power stations, said Mark Radka, head of energy, climate and technology at UN Environment in Paris, who also worked on the report.

"The ASEAN countries as a whole should try to up their game," he added.

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No Justice for Slain Myanmar Lawyer Ko Ni

Posted: 28 Jan 2018 07:40 PM PST

This story originally ran in Asia Times in June 2017.

Four months since Ko Ni, one of Myanmar's most prominent and talented lawyers, was assassinated in broad daylight outside Yangon's airport and local authorities are not any closer to solving the case. The gunman, Kyi Lin, was apprehended only because furious taxi drivers parked outside the airport chased and apprehended him.

An antique smuggler from Mandalay, Kyi Lin had obviously been hired to kill on the fateful day of January 29. But the person who has been named as the possible mastermind of the plot, a former army officer known as Aung Win Khaing, vanished without a trace in the capital Naypyitaw after the killing — quite a feat given the military-built city's vast, almost empty streets and scattered building complexes.

The ineptitude of the investigation has been matched only by misleading reports in the Western media. Nearly all major Western publications, including the Economist, the Financial Times, the New York Times and the Washington Post, dwelled on Ko Ni's religion, Islam, as a probable motive.

The Economist called Ko Ni a "prominent defender of religious minorities," while the Financial Times described him as "one of Myanmar's most prominent Muslim voices." The BBC even linked their account of the killing to its previous reports on the persecution of minority Muslim Rohingyas in western Rakhine State.

As an old friend and colleague, I was distraught to read those reports. I recalled John F. Kennedy, a Catholic of Irish descent, who famously said before he was elected president of the United States in 1960 that "I am not the Catholic candidate for president. I am the Democratic Party candidate for president who also happens to be a Catholic."

Likewise, Ko Ni was first and foremost a constitutional and human rights lawyer who also happened to be a Muslim. In our many wide-ranging discussions, he never mixed his personal faith with his wider role as a legal defender of the human rights of all Myanmar's citizens, regardless of their race or religion.

Portrayals of Ko Ni as a "Muslim activist" have only played into the hands of those who would want people to believe his assassination was part of the Buddhist-Muslim communal violence that has wracked the country in recent years. Those misreadings of the situation have given the apparent military culprits an alibi for their widely suspected role in his killing.

Ko Ni was a partner in the investigative journalism program I have led in Myanmar for the past two and a half years. He spoke at the workshops about legal matters affecting the media, providing sage advice to young, aspiring journalists on how to protect themselves against threats in the country's new, less-censored semi-democratic context.

"The 2008 constitution guarantees press freedom and freedom of speech," he would often say during his presentations, "But…" Then he would enumerate the long list of those exceptions — defamation, libel, trespassing, unlawful association, exposing official secrets — and proceed to explain how reporters could best protect themselves against such legal threats.

As a long-time friend, we also shared numerous discussions in private on a wide range of topics, including the country's delicate political situation with the military still lying in the wings. In those many talks, I don't ever recall him touching on any subject relating to religion, other than the broad notion that there should be religious freedom in a democratic nation.

So then why was Ko Ni assassinated? People familiar with his work knew that he was drafting a new, more democratic constitution to replace the current charter, which was adopted after a fraudulent referendum in 2008 and bestows ultimate political power on the military, not elected bodies.

The current charter gives the military a 25 percent appointed block in parliament and control over the government's three most powerful ministries, namely defense, home and border affairs. Ko Ni's main concern was the General Administration Department, a body under the Ministry of Home Affairs that staffs all local governments, from the state and region levels down to districts and townships.

While the ministers who were appointed after the 2015 election won by Aung San Suu Kyi's National League for Democracy (NLD) serve as nominal heads of their respective government departments, the bureaucracy underneath is still populated by military-appointed officials who dutifully served the previous rights-abusing, authoritarian regime.

Before the landmark 2015 election, the previous quasi-civilian, military-controlled government even appointed the permanent secretaries who run the ministries, likely as an administrative buffer against if and when a truly democratically elected government rose to power.

Ko Ni wanted to change all that to firmly consolidate democratic rule, but he also knew that amending the 2008 constitution would be nearly impossible under the current political configuration. Because any amendment of the charter requires agreement of more than 75 percent of all MPs, the military maintains de facto veto power through its 25 percent appointed bloc.

But Ko Ni was a master at finding loopholes in the military's constitution, a skill that may have cost him his life. When Suu Kyi and the NLD won a landslide at the 2015 election, she was prevented from assuming the presidency because her two sons are not Myanmar citizens – a clause the military imposed specifically to keep her from becoming national leader.

But Ko Ni devised a legal solution to the problem: an entirely new, overarching government position was created — State Counselor —that allowed Suu Kyi to become de facto head of state. She is now widely viewed as the country's undisputed leader, even though scholar and Suu Kyi loyalist Htin Kyaw officially holds the presidency.

In the same vein, Ko Ni told me in one of our discussions that there was no point in trying to amend the 2008 constitution, but that none of its military-promoting clauses said that parliament couldn't abolish the charter outright with a majority vote that opened the way for the adoption of a new, more democratic charter.

Many people knew that Ko Ni was drafting just such a new constitution at the time of his murder, a point that was raised at a press conference organized by the police in Yangon on February 26, a month after his killing. At the event, a local reporter bravely asked whether Ko Ni's assassination had anything to do with his work on a new charter.

The police chief, Major General Zaw Win, gave a typically evasive answer, saying only that his officials were investigating various possible motives for his murder. While police allegedly continue their search and the military mastermind suspect is supposedly missing, one thing is clear: Ko Ni was killed in cold blood not because he was a Muslim, but because he was a democrat.

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Sunday, January 28, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

Recalling U Ko Ni’s Views a Year After His Assassination

Posted: 27 Jan 2018 09:11 PM PST

On the eve of the anniversary of the Jan. 29, 2017 murder of U Ko Ni, a prominent legal adviser to State Counselor Daw Aung San Suu Kyi, we revisit his writings on constitutional and political reform, compiled here in an article first published in January 2017.

On Article 59(f), which bans anyone with a foreign spouse or children from becoming president:

"There is an informal way [to amend the constitution] in which we have to enact a special law to temporarily suspend the provision in 59(f). This law can be enacted by 51 percent of votes at the Union Parliament." (Reuters, February 2, 2016). U Ko Ni made this comment before the NLD government came into office and before the new position of State Counselor was created in April 2016.

On controlling hate speech:

"Given the current circumstances in our country, it is very necessary to enact a law to see effective action on hate speech and discrimination." (DVB, July 22, 2016)

On rescinding the repressive 1975 State Protection Law:

"Such a law is absolutely unnecessary for the current government's multi-party democratic system." (The Irrawaddy, 28 April, 2016).

On calls for reform of the centralized civil service under the ministry of Home Affairs:

"The control of General Administration Department on all the government procedures is contrary to the federal system and should be abolished." (Myanmar Now, February 1, 2016).

On proposals to enact laws restricting interfaith marriage:

"The law seems to favor the protection of Buddhist women's rights. What about women of other faiths? A law should cover everyone, and now it seems to totally neglect women from other religions living in the same country." (The Irrawaddy, September 2, 2015)

On a proposal for an interfaith law that would promote the equal rights of all religions:

"There are two main purposes – one is to promote the aspect of living harmoniously among religions, and the second is to take effective action against those who try to disturb the status of harmony."

"The government has the duty to act in the interest of all religions. They should not pay attention only to Buddhists but also to other religions, as the constitution says everyone has the right to religious freedom." (Myanmar Times, May 20, 2016)

On avoiding discrimination in citizenship laws:

"If someone is born in Burma and lives there all their lives, we have to regard them as a citizen of Burma… It is harmful if people are divided into 'classes.'" (The Irrawaddy, 12 May 2016)

On calls to ban the formation of a Myanmar Muslim Lawyers' Association:

"I don't understand why people criticize us when they hear the term 'Muslim'. We don't cause any trouble to others. We just want to give assistance to our Muslim minority people who have long suffered under military rule." (Myanmar Times, 21 June 2016)

On bribery and corruption

"The problem is that corruption is still rampant in Myanmar despite the Anti-Corruption Law. There is corruption at each level of the [government] hierarchy. But punitive actions are rarely taken." (The Irrawaddy, 9 April 2016)

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Saturday, January 27, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

Despite clash, Richardson says Suu Kyi remains Myanmar’s best hope

Posted: 27 Jan 2018 02:51 AM PST

Daw Aung San Suu Kyi remains Myanmar’s best hope for change, veteran U.S. mediator Bill Richardson said on Friday, days after he got into a fight with the Nobel laureate and quit an international panel advising her government on the Rohingya crisis.

Richardson said Daw Aung San Suu Kyi – whom he described as a long-time friend – had developed a “siege mentality” in her position as Myanmar’s State Counselor, the country’s civilian leader, but added that Western governments should continue to engage with her.

“The relationship with the West, with human rights groups, with the United Nations, with the international media is terrible,” he told Reuters by phone from New Mexico on Friday.

“And I think Aung San Suu Kyi has brought this upon herself, the constant disparagement of the international community, which I think can be helpful to her … She seems isolated. She doesn’t travel much into the country. I think she’s developed a classic bubble.”

Richardson said he resigned from the advisory board on Wednesday, during its first visit to troubled Rakhine State, saying it was conducting a “whitewash”. Suu Kyi’s office said on Thursday her government had asked Richardson to step down and accused him of pursuing “his own agenda”.

Myanmar government said on Friday it did not want discuss the details of the exchange between Suu Kyi and Richardson any further.

Around 688,000 Rohingya Muslims have fled from Rakhine to Bangladesh in recent months to escape an army crackdown following insurgent attacks on security forces.

“I think the Myanmar military is to blame a lot and the only person that can turn them around, I believe, is Aung San Suu Kyi, and she should start doing that,” said Richardson, a former U.S. ambassador to the United Nations under President Bill Clinton who has also worked as a mediator with North Korea.

Richardson said he had informed the U.S. ambassador in Yangon and the State Department of his intention to resign but had not sought their guidance.

Richardson said that before his trip to Myanmar, he spoke to U.S. Secretary of State Rex Tillerson, who visited the country in November. “He called me and gave me a briefing on his visit and that was all,” he told Reuters in a separate television interview.

A State Department spokesman said he could not immediately confirm details of Richardson’s contacts.

FURIOUS ARGUMENT

A statement on Thursday from the nine remaining members of the advisory board said they met this week “with open minds” and rejected Richardson’s criticism that he feared the panel would be used as “a cheerleading squad”.

Richardson said Suu Kyi’s response at a Monday night dinner was “furious” when he brought up the case of two Reuters reporters, who were arrested on Dec. 12 on suspicion of violating Myanmar’s Official Secrets Act.

“She was very angry with me when I raised releasing the journalists, giving them a fair trial,” he said.

“She was upset when I said there should be an investigation of the mass-graves issue, that they had to increase their international support for the treatment of the Rohingyas, the terrible refugee crisis. She exploded. She was very unhappy, and it shows that she didn’t want to hear frank advice.”

Her office said it would not be commenting further on the exchange.

“We already published a statement and also the advisory board published a statement. The judge will decide whether the journalists committed the crime or not. It is Contempt of Court. Even in America, they wouldn’t involve themselves in a case while the case is ongoing in a court hearing,” said U Zaw Htay, Daw Aung San Suu Kyi’s spokesman.

Reporters Wa Lone, 31, and Kyaw Soe Oo, 27, had worked on Reuters coverage of the crisis in Rakhine.

Richardson said it was important for Western governments, the United Nations and Daw Aung San Suu Kyi to enter into a new dialogue “to try to help each other, not to keep fighting each other” before any thoughts of new sanctions on Myanmar.

“What we don’t want is to have Aung San Suu Kyi just listen to ASEAN countries, China or Russia. They need engagement with the West. We’re all former friends. She needs to change, and perhaps the West needs to give her another chance and not impose sanctions.”

Myanmar’s armed forces have been accused by Rohingya witnesses and human rights activists of carrying out killings, rapes and arson in Rakhine in a campaign senior officials in the United Nations and United States have described as ethnic cleansing. Myanmar rejects that label and has denied nearly all the allegations.

Bangladesh and Myanmar agreed earlier this month to complete the voluntary repatriation of all the refugees. The remaining members of the advisory board on Wednesday toured temporary camps the government has set up for returnees.
Richardson said he did not believe conditions were yet right for the repatriation process to begin.

“I believe that the Myanmar government has emphasised speed instead of systems,” he said. “There’s been too much emphasis on quick results rather than assuring that safety is guaranteed.”

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A Look Back at the Murder Trial of U Ko Ni

Posted: 26 Jan 2018 11:54 PM PST

Ahead of Monday's first anniversary of NLD lawyer U Ko Ni's death, The Irrawaddy has compiled several of its past stories about his murder trial along with related editorials, commentaries and more.

Govt Investigates U Ko Ni's Assassination

Burma's government says it is investigating the assassination of prominent Muslim lawyer and NLD legal advisor U Ko Ni.

Third Suspect Named in U Ko Ni Assassination Plot

The President's Office says suspect Aung Win Khaing, a former army Lt-Col, allegedly offered to pay his brother 100 million kyats to murder U Ko Ni.


Daw Aung San Suu Kyi Breaks Silence on Assassination of Legal Advisor U Ko Ni

'Losing someone like U Ko Ni is such a deep loss for the National League for Democracy' says the State Counselor in a rare public appearance.

Police Chief: Assassination of U Ko Ni Was Driven by 'Personal Grudge'

At authorities' press conference, home affairs minister Lt-Gen Kyaw Swe says that it is highly possible that extreme nationalism fueled the grudge.

Burma Army Denies Involvement in U Ko Ni's Assassination

The Burma Army was not involved in the murder, even though ex-military officers are suspected of being behind the conspiracy, says Gen Mya Tun Oo.

New Suspect Revealed in U Ko Ni Murder as Case Goes to Court

Aung Win Tun is accused of harboring one of the alleged co-conspirators following the shooting of the NLD legal adviser.

Trial Begins for Men Charged in Prominent NLD Lawyer's Assassination

Rangoon's Northern District Court commences examination of the assassination of lawyer U Ko Ni.

Examination of Murder Charges Begins in U Ko Ni Assassination Trial

The gunman and three alleged co-perpetrators are being charged in Rangoon under Article 302 of the Penal Code for homicide.

Lawyer in U Ko Ni Murder Calls for Naypyidaw Arrest Warrant in Search for Fugitive

In Rangoon's High Court, U Nay La requests an arrest warrant for suspect Aung Win Khaing be issued in Naypyidaw, where he was last seen.

Court Rejects New Arrest Warrant in U Ko Ni Murder Trial

Rangoon's High Court refuses to issue a new arrest warrant in Naypyidaw for fugitive Aung Win Khaing, where he was last seen.

Court Orders Police to Re-Examine Fugitive in Ko Ni Murder Trial

Police will renew a search for a key figure in the high-profile murder of the NLD legal adviser, last seen in Naypyidaw.

Police: No New Leads in Locating Fugitive in U Ko Ni Murder Investigation

Police tell Rangoon's northern district court that they are no closer to finding suspect Aung Win Khaing and do not anticipate an arrest soon.

Conspirator in U Ko Ni Killing Still At Large

Aung Win Khaing, one of the main suspects in U Ko Ni's assassination, is still at large with police staying silent about progress in their search for him.

Daughter of Assassinated Lawyer Testifies

A Yangon court examines the 20th witness in the murder trial: U Ko Ni's eldest daughter.

Court Accepts CCTV Footage in U Ko Ni Murder Trial

A total of 73 photos, along with the footage captured by 196 security cameras, is presented to the judges.

Court Accepts News Article as Evidence at U Ko Ni Murder Trial

The defense objected to the inclusion of the article, about a 2017 press conference by the Home Affairs Ministry on the findings of its investigation into the prominent lawyer's assassination.

Brother Defends Accused Mastermind of NLD Lawyer Assassination in Court

Fugitive Aung Win Khaing will emerge to clear his name, co-conspirator Aung Win Zaw says.

A Hero to Remember

U Ko Ni was a fearless fighter who spoke up for his views, and he was a strong force in the democratic movement.

Almost a Year After NLD Adviser's Murder, Key Suspect Still at Large

Friends and colleagues of U Ko Ni say the Constitution may be hindering the arrest of his assassination's suspected mastermind.

Where are the Assassins?

Rumors and questions around the death of U Ko Ni continue to run rampant as the authorities fail to bring his killers to justice.

The post A Look Back at the Murder Trial of U Ko Ni appeared first on The Irrawaddy.

This Week in Parliament (Jan. 22-26)

Posted: 26 Jan 2018 07:31 PM PST

Monday (Jan. 22)

In the Lower House, Mawkmai Township lawmaker U Sai Ngao Hseng Hein asked the government if it planned to adopt a universal and systematic garbage disposal and collection system for the country. U Aung Myint Tun, a member of the Naypyitaw Council, replied that municipalities lacked the funds to establish proper waste management systems. The council member added that the government should treat waste management as a national health issue and cooperate with municipalities.

The Upper House voted down a proposal from Daw Htoot May of Rakhine Constituency (11) to teach four key English-language skills beginning from Grade 9 at government schools. Though English is a compulsory subject for students from primary to matriculation levels at government schools, students' general English skills are still low, argued the lawmaker. The Union education minister responded that his ministry has been reforming its teaching methods and designing new English textbooks so that students can acquire all four skills to an acceptable level.

Tuesday (Jan. 23)

The Upper House agreed to debate a proposal by U Pe Chit urging the government to recognize the conservation of Myanmar's shrinking natural resources as a national duty. The lawmaker alleged that the Mines Ministry doesn't even know how many rubies from the gem-rich town of Mongshu are being smuggled out of the country, and that it is failing to take action against mining companies that don't pay taxes.

Wednesday (Jan. 24)

U Han Zaw was sworn in as the new construction minister by the Union Parliament, which also approved the president's proposal to obtain a 5 million euro package of soft loans and grants from Unicredit Bank of Austria to fund public projects.

The package has a term of 25 years. Of the total, 15 per cent is a grant and 85 per cent is to be reimbursed with no interest, according to lawmakers.

Thursday (Jan. 25)

In the Lower House, lawmakers debated and approved a proposal from Dr. Aye Min, a lawmaker from Yangon's Kayan Township, to recognize civil servants with a record of outstanding performance with awards and entitlements such as overseas trips for recreation and study.

Friday (Jan. 26)

In the Lower House, lawmaker U Sai Thiha Kyaw of Mongyai Township asked whether Parliament would cover the cost of constructing offices for lawmakers in their constituencies, along with providing funds to run the offices (paying for clerks, furniture, utilities, etc.).

Dr. Hla Moe, secretary of the Parliamentary Rights Committee, replied that lawmakers may fund new offices out of their own pockets as the Parliament still cannot finance this. Dr. Hla Moe added that most lawmakers open offices on their own.

Due to the budget deficit, the Parliament for the time being is unable to fund offices for lawmakers in 330 constituencies, he said.

The post This Week in Parliament (Jan. 22-26) appeared first on The Irrawaddy.

A Year after U Ko Ni’s Assassination, Still No Answers

Posted: 26 Jan 2018 07:20 PM PST

Nearly a year on, we are no closer to finding out whose orders Kyi Lin was following when he gunned down U Ko Ni, a prominent legal adviser to National League for Democracy leader and State Counselor Daw Aung San Suu Kyi at Yangon International Airport on Jan. 29, 2017. To mark the anniversary, The Irrawaddy revisits this article from February 2017 reflecting on the political implications of the killing.

The brazen killing of prominent legal advisor to the National League for Democracy and its leader Daw Aung San Suu Kyi not only sent shock waves through the country, but also a signal: you could be next.

Will we find out who really killed U Ko Ni? The assassin, Kyi Lin, who was caught just minutes after the killing, has a long criminal record and is believed to be a hired gunman. Under former President Thein Sein's government, thousands of criminals were released from prisons under several amnesties and Kyi Lin was one of them.

Since last week, a manhunt has been underway and several unidentified people have been summoned and interrogated by law enforcement regarding potential connections to U Ko Ni's killing. Some suspects have been put under surveillance, but police have remained tight lipped. The public has unleashed criticism and anger toward the authorities; this is a high profile case and security forces will be held accountable if they cannot find any hard evidence linking suspects to the murder.

The President's Office announced on Friday that police had apprehended another reported conspirator, Aung Win Zaw, in Hpa-an, Karen State, on Monday after he had fled from Rangoon. Myanmar Now reported that he is a former military officer who was kicked out of the army for breaking martial laws. He was also involved in the smuggling of Buddha statues and spent a jail term with Kyi Lin in Mandalay's Obo Prison.

Sources said that police are still hunting for a 50-year-old man named Myint Swe, who may have allegedly hired Kyi Lin to shoot the lawyer.Conspiracy theories abound, but if powerful figures were involved in the killing, some speculate that the mastermind behind the murder will never be brought to justice.

On Monday, Jan. 30, the office of the Burmese President, U Htin Kyaw, said in a statement that the attack had been carried out to undermine the country's stability, suggesting a political motive. Lawyer U Ko Ni had been trying to write a new Constitution to replace Burma's existing military-drafted one.

It is not certain whether Daw Aung San Suu Kyi was in agreement with his proposal. But political observers have said that it was U Ko Ni who came up with the bold proposition to create the position of State Counselor for Daw Aung San Suu Kyi, who was barred from the Presidency.

It remains worrying that more than one week after U Ko Ni's killing, neither police and security forces nor the government—which has strongly advocated for adherence to the rule of law—has held a press briefing on the incident.

The army published a brief press release on Jan. 30 and sent a Rangoon regional commander to meet U Ko Ni's family members. But public criticism and frustration have mounted as Daw Aung San Suu Kyi has refrained from making any public statement, let alone from sending condolences to the lawyer's bereaved family. Inside sources have said that she was shocked by U Ko Ni's death and has instructed her aides, as well as officials in the home affairs ministry, to investigate the killing and bring the culprit to justice.

Former UN secretary-general Kofi Annan, who has visited Burma twice in recent months in his capacity as head of the Arakan State Advisory Commission, urged authorities to carry out an investigation as quickly as is possible.

It is now known that U Ko Ni received death threats before he was killed. It is likely that his assassins followed him and studied his social media page, where he often posted pictures from his overseas visits.

As U Ko Ni and a government delegation returned from a two-week trip to Indonesia, Kyi Lin was believed to have been tipped off as the delegation disembarked the plane. He was waiting at the gate as U Ko Ni arrived to see his family. So it is assumed that the assassin was told minutes in advance of U Ko Ni's movements—passing through immigration, the baggage claim and the arrivals gate. Kyi Lin then executed his deadly mission.
It is very unlikely that he could have acted alone.

It is still unknown how Kyi Lin acquired the nine-millimeter pistol used to kill U Ko Ni. News reports have said that an ex-convict was approached by Aung Win Zaw to kill a foreign diplomat, but no details further details on this point are currently known. The ex-prisoner told local media that he had turned down the offer.

Political pundits have speculated that assassins were told to kill U Ko Ni in broad daylight so as to create fear and to send a message. Some extreme elements with vested interests in the country and its politics have been mentioned as suspects. But if they are themselves powerful figures or have close ties to other such individuals in the country, then history suggests that the family of U Ko Ni will not likely see the mastermind of the murder apprehended and sentenced in accordance with the law. In this fragile transition, justice is not guaranteed.

Aung Zaw is the founding editor-in-chief of The Irrawaddy.

The post A Year after U Ko Ni's Assassination, Still No Answers appeared first on The Irrawaddy.

Yangon’s Challenges Looking Forward

Posted: 26 Jan 2018 07:07 PM PST

Kyaw Zwa Moe: Welcome to Dateline Irrawaddy! This week, we'll discuss to what extent the Yangon government and regional lawmakers have improved the life of residents in Yangon, Myanmar's biggest city, over the past two years, as well as future challenges and how they will be handled in 2018. Yangon regional lawmakers U Kyaw Zeya and Ma Kyi Pyar join me for the discussion. I'm Irrawaddy English editor Kyaw Zwa Moe.

Yangon's Challenges Looking Forward

Yangon's Challenges Looking ForwardThe Irrawaddy discusses how the regional government should proceed to improve the lives of locals in 2018.

Posted by The Irrawaddy – English Edition on Friday, January 26, 2018

It is fair to say that Yangon has a lot of problems. The population is large. It has almost been a dead town for the past several decades. As far as I'm concerned, today's Yangon has a lot of problems such as traffic congestion, transportation and municipal laws, recovery of public spaces, capacity of the government, development projects, and so on. What is the most pressing issue that should be handled in 2018?

Kyaw Zeya: The government tried to solve the traffic problem soon after it took office. We raised objection to two flyover projects, respectively at North Okkalapa and Parami, which were initiated by the previous government, because we believed that they would not ease the traffic congestion. A new public transportation system along with a traffic control tower was then introduced. It has been more than one year since then, but the system has barely solved the traffic congestion. In my township, street vendors have faced a lot of difficulty, and it is worse for street vendors in downtown areas like Kyauktada, Lanmadaw and Pabedan. These are only a few of many problems.

KZM: Ma Kyi Pyar, what do you think are the most pressing issues to handle for the interests of the people?

Kyi Pyar: We have worked for the interests of the people over the past two years. But there might have been some weakness in the procedures. The issue that must be handled in 2018 is municipality, because Yangon's city municipality is responsible for 33 out of 45 townships in the Yangon Region. There is also the Yangon Region municipality. We have two municipal laws. We are going to change the municipal law concerning 33 townships in Parliament. This law is critically important. It will be a milestone for the NLD [National League for Democracy]. If the law is flawed, it will be a milestone marking the poor reputation of the NLD. And if the law serves the interests of the people, it will be the milestone marking its good reputation. There are two parts – even if the law is good, we'll have to see if the capacity is strong enough to effectively enforce it, and to what extent the public interests will be taken into consideration. If it can serve the interests of the people smoothly, most of the problems facing Yangon will be solved.

KZM: What are those problems?

KP: All the problems in Yangon are related to municipal law. From birth to death, it is all concerned with the municipality. We used to have the feeling when we saw someone in municipal uniform that they would not provide good service. But working with them now, I have noticed that many of them are cooperative. But they are still far from serving the interests of the people. The top leadership is mainly responsible for this, I think.

KZM: What do you mean by the top leadership?

KP: I mean the Yangon mayor and four appointees along with those elected to the Yangon City Development Committee (YCDC). There are more than 20 departments in the YCDC. If they can work well with the heads of those departments and those departments can effectively enforce the law and manage staff at different levels, this will help fight corruption. It is also important that individual officials take initiative. The most important thing is in regards to grease money. We must change the public perception that municipal officials need to be paid to get things done. If this can be changed, this will give the party [NLD] some credit, and also please the people in 2018. So, this is very important.

KZM: U Kyaw Zeya, you are the secretary of Yangon's finance, planning and economic parliamentary committee. There are high-rise projects and historical and cultural heritage sites that need to be conserved as well as public spaces that need to be reclaimed. Under the previous government, public spaces were confiscated by the government, the Tatmadaw and some private companies close to the government. There were many public spaces rented for business purposes rather than for public recreation. What will be done about that this year?

KZY: There have been delays in amending the municipal act. Previously, Singapore copied the municipal act of Yangon, and I heard that we will now copy the municipal act of Singapore. [Foreign] experts came and asked the YCDC if they wanted to turn Yangon into a cultural heritage town or a real commercial capital. The population of Yangon is expected to increase to 10 million in the future. There is a lot of vacant land in Yangon. They asked the YCDC how they would like to utilize those lands and public spaces and said they would give recommendations based on their ideas. Authorities still can't answer that question, I think.

KZM: The municipal law is the most important one. But what else can be done before the law is amended?

KP: There are certain things that are being done at the moment. We lawmakers were allowed to ask questions and submit proposals as of the second regular session of the regional Parliament. The first proposals we submitted were about garbage disposal and traffic congestion. The regional government is handling both of these.

Garbage is one of the major problems in Yangon. Lawmakers of all of the six downtown townships signed and submitted a letter to the Yangon mayor about the garbage problem. We also discussed it in Parliament. The Yangon municipality as well as the people and the NLD party are undertaking garbage cleanup campaigns. We lawmakers also cooperate with them to systematize the disposal of garbage.

But as you know, it is difficult to change a habit that is entrenched. Also, the human waste collection system in Yangon has problems. I asked a question about this during a previous session of Parliament. The government said it was trying to change the whole system with the assistance of the Japan International Cooperation Agency (JICA). So, these works are in progress, which is good for the people.

But as I've said, the government fails to solve the problem of street vendors. I submitted a proposal about it to Parliament. I didn't mean that they should be removed, but I said authorities should take the time to systematize street vending. Our term is five years, and it may take three years or more. But, my proposal was approved at once and street vendors were moved to the new place immediately. Some of the procedures were quite unsystematic. YCDC, as a government department, will do whatever it is instructed to do by its upper level, and they may not bother to think about how to make adjustments to plans. As I foresaw this, I had had intense debate about it. If you ask me if the plan works, it doesn't. And I am sorry about the 1.8 billion kyats that were spent to move the vendors of four townships [to the new night market]. I feel bad because it is fair to say this project was not successful.

At the same time, I am thankful for the successful cases. The Yangon mayor and municipal officials mostly fulfill our requests for help. But to initiate projects without long-term plans is just wasting public funds. It is we lawmakers who have to directly engage with people on the ground. Both street vendors and people complain to us about their troubles.

KZM: Ma Kyi Pyar, you are a member of the regional government's guarantees, pledges and undertakings vetting committee in Parliament. How is the committee monitoring the pledges and guarantees of the regional government regarding these examples? Do you think they can do it? Do they take full responsibility?

KP: Mainly, our committee vets whether the regional government fulfills the lawmakers' proposals. We found that the government can fulfill most of the proposals because most of them are about building roads and bridges. So, the regional government fulfills them. It simply asks for a budget [from the Union government] for those things and builds them. But I want the government to put more emphasis on policies. Roads are easy to give, and the government just needs to allocate the budget for them.

Our government has three years before its term expires. After three years, there may be a new government. We may remain as lawmakers or there may be new lawmakers. Anyway, if a firm policy is in place, no matter who comes to power, people have nothing to worry about.

Speaking of proposals, let's talk about public spaces, since that might interest the people. It is important to note that the government has granted permits to use public spaces for other purposes even after the regional Parliament approved a proposal about [maintaining] public spaces. We've received a lot of complaints about it. Looking at the dates of the permits, they were issued in 2017, under the NLD government. Permits were issued to use lakes and sportsgrounds for other purposes. Even if we can't solve the old cases, we should not issue new land grants. We have to handle these complaints.

KZM: Why has that happened?

KP: Our committee members take trips to investigate complaints, and take back some public spaces. It is unacceptable that such things happen to the extent that people file complaints. Another thing is that we still can't handle permits for 232 land plots, more or less, that were issued during the power transfer. I have asked a question about it in Parliament in order to check their legality. We want to solve this through government-parliament cooperation. But, we still can't do that.

KZM: By that you mean the government is less responsive?

KP: We lawmakers very much want to change, and I believe they also do. But they have a lot more difficulty than us, and we understand their difficulties. They have to operate within the existing bureaucracy. And in certain cases in which they need to cooperate with the Union government, the minister gives one order, the director, another, and the permanent secretary, a completely different one. However, I'd like to urge the regional government to push through certain things when possible.

KZM: At the NLD's central executive committee meeting last year, the party's senior leader U Aung Kyi Nyunt said the NLD was facing three major dangers, and one of them was bribery. He meant that there was a danger of NLD members being bribed by rich and privileged elites, especially businesspeople. He warned of that. Are there links [between government officials and businesspeople] to grant land permits for public spaces?

KP: It is mainly about the land use policy in the municipal laws.

KZY: The Yangon mayor said at Parliament that the Yangon municipality has to consider social relations [regarding land grants]. This speaks for itself. You can draw various conclusions from this remark. If the opposition party draws conclusions from it, it will have even more meanings. In fact, we made a proposal about public spaces and it has been approved by Parliament. But, the government fails to fulfill its pledge.

KZM: How many land use permits were granted?

KP: We've mainly received complaints from Thaketa and Mayangone. And we're handling them. We don't know about what is happening in other places. We only know the cases when someone files a complaint with us.

KZM: Speaking of U Aung Kyi Nyunt's remark, he warned NLD party members about the danger of being bribed. He also talked about the haughtiness of some party members. Will you comment on this?

KP: We inevitably have to engage with businesspeople to a certain extent. Most of the country's money is in the hands of so-called cronies. We need to work together with them as best as we can. Given the current situation in Myanmar, it is impossible to improve the economy without them. Businesspeople tend to see things through their business eyes. So, those holding political posts need to consider this wisely.

The government might have a lot of difficulties and a lot of things to consider. We'll cooperate with them, and the government should also talk to us about its difficulties. We are close like brothers and sisters. Only when the government and Parliament push together, will we be able to achieve success in most of these areas.

KZM: There must be checks and balances between Parliament and the government, but at the same time, they should support each other. Speaking of national politics, things are not very encouraging. There are conflicts in Rakhine State and clashes in Shan State. Overall, developments are not good. What is your assessment of Yangon politics?

KP: Looking at Yangon alone, it is far from the issues you have mentioned. If you ask Yangon residents, they don't know much about it. They know a little bit about Rakhine State because there are Rakhine people as well as a high number of Muslims in Yangon. But speaking of the peace process, Yangon is far from the conflict areas, and Yangon's politics are not as bad as that of those areas.

But then, problems arose as undemocratic things emerged in Yangon's politics. For example, the ban on protesting in downtown areas has drawn criticism from the media. We should rely on the media as the Fourth Estate of the country. And at the same time, the media should have ethics.

Yangon's economy is important. If Yangon's economy collapsed, the national economy might also collapse. Politically, there are not many complications in Yangon. But its politics are largely connected with the economy.

Another thing is that Yangon should set the example of democratic norms for the whole country. Taking a look at the whole country, there is a lot of cause for concerns. But we're trying as much as we can. We don't expect the worst scenarios because we are doing the best we can.

KZM: U Kyaw Zeya, how do you assess Yangon's politics including the Yangon regional government, Parliament, major political parties and businesspeople?

KZY: Grassroots people make up the majority in Yangon. There are better job opportunities in Yangon than other regions and states. So people from other areas including Irrawaddy and Bago regions come to Yangon. Politics is about public affairs. The grassroots people are not that interested in the Rakhine issue. What they are interested in is the squatter problem.

We took the office, stating that we would accommodate the squatters. Our election declaration also adopted a policy to provide decent housing, in consideration of their human dignity for those who don't have houses because of natural disasters or economic hardship. It is almost two years now, and we still can't implement this. If we could solve the squatter problem as we have targeted, this would earn credit for both the government and Parliament. I'd like to urge the government to do it.

KZM: How would you envision Yangon city and Yangon Region as the regional lawmakers?

KZY: I'd like to see it as a boomtown without compromising our religious and cultural identity. I have been to Shanghai and Taiwan. They use rivers well. At night, rivers are illuminated with lights and are quite beautiful, and people cruise. We still can't do that on the Yangon River. We have Shwedagon Pagoda, which is in Phayagyi Ward. There is a square in front of the pagoda.

The Yangon regional government has organized New Year's Dhamma talks at the square. But then, I saw foreigners drinking beer and gazing at the Dhamma talks from the restaurants in the adjacent area of the square. I feel bitter about it. I have talked about it in Parliament. This is the cost of development. I told the government that though [foreign-imported] liquor is banned in Yangon, you can buy wine or liquor or anything else. I don't want our cultural identity to be compromised.

KP: I would like to keep Yangon as the commercial hub. But Yangon has a lot of things of great historical value, so it is also important to maintain it from that perspective. For example, there are a lot of historic places in Kyauktada and Pabedan. Those must be conserved. We would like to welcome new satellite town projects but there must be transparency. Those projects must provide job opportunities for residents. Yangon Region needs big activity that can result in an economic boom. This is also connected with the national economy of Myanmar.

We want Yangon to be expanded in a transparent manner in the interests of the people. Another important thing is Yangon residents should be able to earn their livelihoods with peace of mind. I don't mean everybody should be well off. But, they should all be free from hassle in earning their livelihoods. For example, street vendors should have places to sell conveniently and do good business. For taxi and bus drivers, I no longer want to hear them complaining about traffic congestion. Even if Yangon can't become very rich, I really want to see people leading a fairly easy life in Yangon.

KZM: Ma Kyi Pyar, U Kyaw Zeya, thank you for your contributions.

The post Yangon's Challenges Looking Forward appeared first on The Irrawaddy.
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