The Irrawaddy Magazine |
- Eleven Rohingya Arrested for Beating German Journalists, Bangladeshi Aides
- Amid Disappearance of Villagers, Three Burned Bodies Found in N. Rakhine
- In Their Own Words: Warnings against Constitutional Reform
- Top ARSA Commander Killed in ‘Gunfight’ in Cox’s Bazar
- AA Abducts Village Official, Police Station Chief in Chin State
- Daw Aung San Suu Kyi Pitches Investors on Rakhine State
- Making Myanmar’s Constitution Democratic
- Construction of Yangon’s Outer Circular Road to Begin by Year End
- India Reiterates Plan to Stop Sharing of Excess Water with Pakistan–Minister
- Daw Aung San Suu Kyi Drops Off UN Agenda in Geneva Next Week
- China Sees ‘Enormous Potential’ in Saudi Economy as Crown Prince Visits
| Eleven Rohingya Arrested for Beating German Journalists, Bangladeshi Aides Posted: 22 Feb 2019 07:32 AM PST DHAKA—At least 11 Rohingya people were arrested on Friday for allegedly beating three German television journalists and their local fixer at noon on Thursday while they were making a documentary at the Lambashia Camp in Kutupalong, in the Ukhiya sub-district of Cox's Bazar, Bangladesh. Three employees of German broadcaster ARD—cameraman Gunder Stegner, 61, Stefanie Appel, 49, and Ernico Leube, 44—and Bangladeshi fixer Mohammad Shihabuddin were beaten and had to seek treatment at a nearby hospital. A police constable and the driver of the microbus carrying the foreign nationals were also injured in the incident. Shihabuddin, who also works as the head of production at Bangladeshi private television channel Boishaki, filed a complaint with the Ukhia police station, leading to the arrest of 11 Rohingya people. They were sent to court on Friday. Kazi Dider Ul Alam, the court inspector at Cox's Bazar district headquarters, said the Judicial Magistrate's Court sent all of the 11 Rohingya to jail. German Ambassador to Bangladesh Peter Fahrenhollz said in a tweet on Friday that, "It happened because of a misunderstanding. They are well and safe now". Cox's Bazar Police Superintendent ABM Masud Hossain said that six persons including four journalists were injured when a Rohingya mob attacked them at Lombashia, part of the Kutupalong Rohingya camp, in the afternoon. The journalists were working on a documentary film for German national television when they were attacked, the police official said. Law enforcement officials rescued them and took them to a local hospital. The Rohingya mob also damaged their vehicle and camera. Police officials later recovered the Germans' missing mobile phones, electronic equipment and other items that reportedly went missing during the attack. Rezaul Karim, who is in charge of the Kutupalong camp, said the journalists were filming a segment for their documentary on the Rohingya crisis when they picked up two minor girls aged about 8 to 10 in their micro-bus in order to give them new clothes. At one stage, the girls started crying, the officials said. Some Rohingya suspected the girls were being trafficked and led an attack on the foreigners, injuring them all. The police constable was injured seriously. The mob also damaged the micro-bus, witnesses said. Meanwhile, in a statement, the newly formed Rohingya organization Rohingya Refugee Committee, Bangladesh, stated on Friday that "We Rohingya in Cox’s district, Bangladesh Camps, are extremely concerned [about] the attack on journalists." The statement reads, "On February 21, at 12:30 pm, three foreigners known as German Journalists took two Rohingya children with their vehicle from camp 4 to Camp 1 E." "The Rohingya community assumed that the children were being trafficked, as it has happened frequently in camps. People asked the driver and interpreter why the children had been taken with them but they did not explain well to the people. So, some emotional persons suspected them of being [traffickers] and protested against trafficking," it reads. "We are extremely sorry [about] the attack on the journalists, which … happened because of a misunderstanding. Therefore, we would kindly request that Bangladesh government, NGOs, and agencies to be calm on this issue; we are also providing awareness to people to [remain] calm in future situations. This is not the community’s fault only, but [shows the] need for more security inside the camps. It will be better if the government deploys more security," the statement reads. "We would like to have more engagement between the community, NGOs, and authorities about security issues inside the camps," it concludes. The post Eleven Rohingya Arrested for Beating German Journalists, Bangladeshi Aides appeared first on The Irrawaddy. |
| Amid Disappearance of Villagers, Three Burned Bodies Found in N. Rakhine Posted: 22 Feb 2019 06:26 AM PST YANGON—Two village administrators confirmed that at least three burned bodies were discovered on Thursday, two days after a series of clashes between Myanmar Army troops and Arakan Army (AA) rebels near Yan Aung Pyin village in northern Rakhine State's ancient city Mrauk-U. U Kyaw Maung Yin, village administrator of Kyauktaw Township's Kyar Net Kan village, told The Irrawaddy that four residents from his village went missing on Tuesday, the same day the AA fought with a military column for almost the whole day there. He explained that eight villagers from his village traveled to Yan Aung Pyin to buy firewood in the Ran Chaung region in upper Yan Aung Myin. A group of six people traveled in two boats along Ran Chaung Creek, while other two locals traveled by motorbike on Tuesday. The Irrawaddy spoke with two eyewitnesses who were questioned and released by Army soldiers on the outskirts of Yan Aung Myin village and safely arrived back in their village on Tuesday evening. Survivor Ma Kyi Kyi Htay recalled that she and three villagers were in the same boat, which was loaded with firewood from Ran Chaung region. She explained that two other men, Ko Aye Thein and Myo Min Zaw, took boats from her village Kyar Net Kan and met in Tha Kyaw village, where they spoke for a while. The two men decided to leave Tha Kyaw village at 1:30 pm, while Ma Kyi Kyi Htay's group decided to stop there for a few hours. In the afternoon, Ma Kyi Kyi Htay's boat left the village but they were stopped and told to dock by a military unit near Yan Aung Myin village. She said that a number of Army soldiers surrounded them and brought them to their commander. The villagers were surprised to see that the boat belonging to Ko Aye Thein and Myo Min Zaw was also docked there. "They [the soldiers] asked us a number of questions like where we were going, and what kind of items we had on the boat," said Ma Kyi Kyi Htay. Another villager, U Than Maung, who was with Ma Kyi Kyi Htay on the same boat, recalled telling the soldiers that by about 3:30 pm they could hear no gunfire, so they decided to return to the village. They were being questioned by a commander near a tent about whether the villagers had seen any Arakan Army troops on the way when he saw a hand under a tarpaulin. He was unable to tell whether the person was alive or dead, or whether he was one of the two men from his village. When they arrived back to the village they informed the relatives of Ko Aye Thein about what they had seen. Village administrator U Kyaw Maung Yin explained that the wives of Ko Aye Thein and family members of the other two men on the motorbike, Maung Win Sein and Maung Shwe Soe, reported their disappearance to him on Tuesday. U Kyaw Maung Yin informed neighboring village administrators and the General Administrative Department (GAD) office in Kyauktaw Township of the disappearance of the villagers. He was informed that some burned corpses were found on the outskirts of Yan Aung Pyin village on Wednesday night. He gathered the relatives and wives of the missing four villagers and went there to identify the badly burned bodies on Thursday. Similarly, another villager, U Tun Hla Sein from Yan Aung Pyin, reportedly disappeared on Tuesday. U Tun Hla Sein's wife Daw Ah Dar Sein had already complained that her husband had been held by the Army since Tuesday. She went alone to see her husband in a tent, where had been was tied up with a rope since the afternoon, and requested a high-ranking soldier release him. On Wednesday, she went there alone but only saw the dead bodies of her husband alongside two other strangers, but was unable to retrieve the body, as the soldiers were still there. On Thursday, about 50 villagers from two villages conducted a search but only found bodies reduced to ashes, according to the village administrator U Maung Hla Sein. He said the family members could not identify the bodies, as only a few remnants and three skulls remained at the scene. Daw Ah Dar Sein's daughters and sons claimed that their father's clothes and bag were abandoned near the scene. Daw Ah Dar Sein could not be reached for comment on Friday as she does not have a phone. Kyar Net Kan villager U Than Maung said, "I don't have anything to say about this. It is done; nothing can be changed." On Wednesday, the military announced it had killed nine AA insurgents and seized one RPG, but the AA said it lost only three fighters during the clashes. The AA also announced that it had killed at least 30 Army troops in a series of clashes in Mrauk-U Township. Based on firsthand eyewitness accounts, indiscriminate shootings by Army troops in northern Rakhine State clearance operations have already killed two civilians this month. The post Amid Disappearance of Villagers, Three Burned Bodies Found in N. Rakhine appeared first on The Irrawaddy. |
| In Their Own Words: Warnings against Constitutional Reform Posted: 22 Feb 2019 05:28 AM PST Since the ruling National League for Democracy launched its official push to amend the undemocratic military-drafted Constitution late last month, there has been no shortage of comment on the endeavor, mostly from the military and its proxy party, the formerly ruling Union Solidarity and Development Party (USDP). While they support reform in principle, they said, they disagree with the way the NLD is going about it, warning that the party is not following the amendment procedures prescribed in the charter. Even the country's former president, ex-General U Thein Sein, who has been out of public sight for most of the past four years, broke his silence to offer his views on the reform bid. Here is what a number of key personalities ranging from the country's military chief to a former president and ex-ministers, as well as members of the opposition USDP, had to say.  Senior General Min Aung Hlaing, Myanmar military chief "In principle, we agree with the idea of constitutional amendment. But the important point is that no amendment should harm the essence of the Constitution." — Interview with Japanese news agency Asahi Shimbun on Feb. 14 in Naypyitaw.  Brigadier-General Maung Maung, leader of military-appointed lawmakers in Parliament "The country will face instability if any one political party amends the Constitution with only its goals in mind. Our country is in a strategic position, so it could become a battleground if the wrong position is taken. It is necessary to be aware of this." — Comment to the media after the parliamentary session on Feb. 19, at which lawmakers approved the nomination of members of the joint constitutional reform committee.  U Thaung Aye, USDP lawmaker "The country may experience instability, as people will organize rallies in support of this or that side. Those who manage the country should consider this in advance." "Whether we raise an objection or not is of no significance to this Parliament. Decisions made through a voting machine, and not with the brain, won't reflect the truth." — Comment on Feb. 19 following Parliament's approval of the constitutional reform committee's membership by secret vote, in which lawmakers pressed buttons to record their vote. (Reported by Standard Time Daily)  U Soe Thein, USDP lawmaker and former President's Office minister "It would be better to start with [constitutional] articles that are easy [to amend]. Democratic reform can be implemented only when you know the way forward. [Look at] the cases of Egypt and Indonesia. Egypt didn't know the way, so they failed. Implementing a democratic transition is like holding a glass; it can fall and break." — Comments to the media at Parliament on Feb. 21.  Former President U Thein Sein "[The Constitution] took nearly 16 years of consulting, drafting and writing. If [the Constitution] is really to be amended, lawmakers in Parliament can't do it alone. How many of them are legal experts? Over 1,000 [legal experts] drafted [the 2008 Constitution] through consultation. It didn't happen easily. So, it should be amended at the appropriate time. — Comment made on Feb. 15 on the sidelines of a donation ceremony at Maha Gandhayone Monastery in Mandalay.  U Ye Htut, former information minister and presidential spokesperson Calling the NLD's attempt to launch constitutional reform a "trap", former information minister cum presidential spokesperson U Ye Htut wrote the following on his Facebook page on Feb. 19: "In my view, this move is merely a pre-2020 election tactic [by the NLD] rather than a genuine attempt at constitutional amendment. "Therefore, the confrontation with the Tatmadaw and the USDP in Parliament makes NLD core supporters more active and excited. "And this also makes the general public forget about the stalled peace process, the Rakhine crisis and the economic slowdown. And news about constitutional amendment makes headlines. "And when the 2020 election draws near, the NLD can make the excuse that it hasn't been able to fulfill its campaign pledges because the Constitution has yet to be amended." The post In Their Own Words: Warnings against Constitutional Reform appeared first on The Irrawaddy. |
| Top ARSA Commander Killed in ‘Gunfight’ in Cox’s Bazar Posted: 22 Feb 2019 03:35 AM PST DHAKA—A senior military commander of the Arakan Rohingya Salvation Army (ARSA), also known by its former name Harakah al-Yaqeen, was killed on Friday morning in what is being called a "gunfight" with the Bangladesh police's specialized unit, Rapid Action Battalion (RAB), in the Teknaf sub-district of the Cox's Bazar. ARSA has not yet made any statement on the death of their commander and top arms collector, Nurul Alam. Alam is said to have been involved in, or an organizer of, a number of serious crimes committed, including murder, in the region since 2016, the most serious of which was the looting of arms from an Ansar security establishment near the Nayapara Rohingya shelter in Tekhnaf in May 2016. The commander of the Ansar battalion was murdered during the incident. Bangladesh's Ansar is a paramilitary auxiliary force under the home affairs ministry and is responsible for internal security and law enforcement. The RAB completed its investigation into the case in August 2017 and submitted the charges to the local magistrate's court but the case was still pending as of the time of Alam's death on Friday. RAB Battalion 7 spokesperson Mimtanur Rahman confirmed on Friday that they were carrying out a raid on a place called Damdamia located in the Teknaf sub-district at about 5 a.m. when they came under attack. In retaliation, they opened fire and one man was killed. "They were preparing to commit a robbery along with others," he added. An RAB announcement stated that their operational team had exchanged fire with a group of "robbers" in which the "top robber", the displaced Myanmar national Nurul Alam was killed. It said they seized two "foreign-made" pistols, two magazines and 13 bullets from the scene. In a number of videos released on social media since 2016, Nurul Alam has been seen holding a machine gun and standing beside ARSA leader Ataullah abu Ammar Jununi. The RAB pinned the 2016 arms robbery and murder on nine people, one of whom was Alam. Investigators told Dhaka-based daily newspaper New Age in August 2016 that the looted firearms and ammunition were taken to Maungdaw Township on the Myanmar side of the border by a small Maungdaw-based small extremist group. The RAB claimed that they arrested Alam in the Kutupalong area of Cox's Bazar on Feb. 28, 2017. In March the same year, acting on information given by the arrested Alam, they recovered a further six submachine guns in the same area of Bandarban. In January 2017, the two 'masterminds' of the robbery—Khairul Amin and Master Abul Kalam Azad—were arrested along with some of the looted arms and ammunition in the deep forests of Bandarban District. RAB's Teknaf commander Lieutenant Mirza Shahed Mahtad said Alam had been in jail for a year until he was released on bail. "Since then, he was absconding and hiding in the hilly area around Shalban and Muchini camps of Nayapara," Mirza said. "He was involved in four or five recent killings inside the Rohingya camps including those of volunteers who had previously helped law enforcers to catch him." A Teknaf-Ukhia police additional superintendent Nihad Adnan Taian said they had been examining Alam's records and his involvement in a number of murders. Myanmar has blamed Rohingya extremists for the Aug. 25, 2018 strike on security posts in Rakhine State which triggered a fierce army crackdown causing over 700,000 Rohingya to flee to camps in Bangladesh. The post Top ARSA Commander Killed in 'Gunfight' in Cox's Bazar appeared first on The Irrawaddy. |
| AA Abducts Village Official, Police Station Chief in Chin State Posted: 22 Feb 2019 03:04 AM PST SITTWE—The Arakan Army (AA) abducted the village administrator and the head of the police station in Than Taung village in Chin State's Paletwa Township at around 3 am on Friday, according to local villagers. AA troops first brought village administrator U Cha Haw to the front of the village police station. They asked the station chief, Police Lieutenant Salai Bieber, to come out and demanded weapons from him. When Pol. Lt. Salai Bieber refused, the AA abducted him along with the village administrator, local resident U Nai Htan told The Irrawaddy. No shots were fired during the abduction, local residents said. However, at around 8 am police returned fire after hearing shots from the opposite bank of the creek on which the village is located, they said. More gunfire was heard from the same location at around noon. No one was injured in the incident, but many villagers fled out of fear for their safety, they said. Another villager, U Lwin Ai, told The Irrawaddy, "They [the AA] didn't enter the police station. From outside, they told the station chief to come out, and then they abducted him. We heard gunshots from the opposite bank of the creek. We don't know if it was a clash or just warning shots." Paletwa Township police chief Police Major Tun Tun Win said only, "I can't provide details. We are still working on it," he told The Irrawaddy. AA information officer U Khaing Thukha said he did not have any details about the abduction in Than Taung, but acknowledged that local AA commanders occasionally reprimand those who get in the way of implementing "The Way of Rakhita", a phrase coined by the political wing of the AA, the United League for Arakan, to refer to their Arakanese nationalist movement. "I still don't have information about the incident. But there may be cases in which local commanders rebuke those who get in the way of 'The Way of Rakhita,'" he told The Irrawaddy. Than Taung police station was on full alert, local residents told The Irrawaddy at noon on Friday. In December, the AA sent warning letters, each accompanied by a bullet and the official AA stamp, warning the recipients against disturbing those who are "implementing the Way of Rakhita." One letter sent to the head of a local police station in Buthidaung Township warned that the AA would take decisive action against anyone who disrupted their movements. The post AA Abducts Village Official, Police Station Chief in Chin State appeared first on The Irrawaddy. |
| Daw Aung San Suu Kyi Pitches Investors on Rakhine State Posted: 22 Feb 2019 12:35 AM PST NGAPALI, Rakhine State — State Counselor Daw Aung San Suu Kyi on Friday invited responsible and sustainable investors from home and abroad to back projects in Rakhine State and help one of Myanmar’s poorest and most troubled regions turn a corner. Speaking in the beach resort town of Ngapali at the state’s first ever investment fair — which is running with the tag line “Rakhine is open for business to the world” — she said she and her government recognized the “grave challenges” they were facing. The state counselor said her government was doing all it could to meet the area’s security and humanitarian needs, in line with the recommendations of the Advisory Commission on Rakhine State, which had been led by the late U.N. Secretary-General Kofi Annan. While doing so, she added, "we have to address economic issues in Rakhine, that we may achieve the progress and development needed to sustain stability and prosperity." Daw Aung San Suu Kyi said her administration has made the rule of law and sustainable development in Rakhine a priority from the beginning. But she added that much of the state’s potential remained untapped. "For too long the international community's attention has been focused narrowly on negative aspects related to problems in north Rakhine rather than on the larger picture that shows the immense potential of this state [for] peace and development," she said. "Every kyat spent by this government, every dollar disbursed by our development partners and every dollar invested by the private sector is a vote of confidence in the resilience and potential of Rakhine and its people," she added. The Rakhine State Investment Fair follows the Invest Myanmar Summit in Naypyitaw in January, the government’s first move to reverse a significant decline in foreign direct investment (FDI) over the past two years. Facing an ongoing civil war and a tarnished international image following the Rakhine crisis, the government is desperately seeking more FDI in hopes of achieving peace through economic development. The government is running the fair in cooperation with the Japan International Cooperation Agency and the Japan External Trade Organization. Before the event, South Korean Ambassador Lee Sang-hwa said his country was also in strong support, with a particular interest in the state’s fishery and tourism sectors. More than 200 people are attending from Myanmar and 10 other countries, mainly Japan, South Korea and Thailand. The fair is focusing on three major areas: agriculture, livestock and fisheries; tourism; and small and medium enterprises (SMEs). Rakhine's state government showcased six priority projects: the Kyaetaw-Mingan project, which includes a port, trade zone, apartments, supermarket and a SME zone in Sittwe, the state capital; construction of a new airport in Mrauk-U; the upgrade of Ngapali Airport; an eco-tourism project on Man Aung Island; the Ponnagyun industrial project in Sittwe; and a new city project in Mrauk-U. Daw Aung San Suu Kyi said special economic zones managed with efficiency and probity can stimulate growth, create jobs, spark offshoot industries and renew hope for communities. She assures investors that such projects would open the way for homegrown Rakhine firms and SMEs in their supply chains. "Most important of all, we must ensure that the benefits obtained from these and other projects are shared equitably amongst all communities," she said. Rakhine is one of Myanmar’s poorest states despite occupying a western coastline rich in natural resources, oil and gas in particular. Sixty-nine percent of the population lives in poverty. Many lack access to public services and struggle with poor infrastructure, unemployment, meager living conditions and a lack of legal support. "We would like to focus on foreign and domestic investment which, when made with imagination and foresight and implemented with responsibility and dedication, could play a crucial role in putting Rakhine's development trajectory on track," Daw Aung San Suu Kyi said. Rakhine hosts the western terminus of a Chinese-owned pipeline that has been carrying oil and natural gas across Myanmar from the Bay of Bengal to China's Yunnan Province since 2010. Amid Western rebuke of Myanmar over its handling of the Rakhine crisis, China also inked a framework agreement with the government for the Kyaukphyu Deep Sea Port last November. The port will give China access to the Bay of Bengal and enhance its regional connectivity as part of Beijing's Belt and Road Initiative. Since the National League for Democracy took power in 2016, the government has made several economic reforms. Following the outbreak of the Rakhine crisis in late 2017, however, foreign investment has declined significantly, most of all from the West. Last year, FDI dropped to its lowest level since 2013. Rakhine State has had an especially hard time attracting interest. At the Invest Myanmar Summit last month, Union Minister for Investment and Foreign Economic Relations U Thaung Tun pushed investors to invest in Rakhine instead of blaming and shaming the country. He told them the violence had affected only three of the state’s 17 townships and that the rest of Rakhine was safe to invest in. The Rakhine government itself is also making efforts to attract investors to the peaceful south of the state, according to U Kyaw Aye Thein, its minister of finance, revenue, planning and economy. Daw Aung San Suu Kyi presented potential investors with a long list of sectors open for business: ecotourism, agriculture, livestock breeding, aquaculture and forestry, manufacturing, textiles and garment manufacturing, power generation and distribution, education, health care, infrastructure, real estate and oil and gas. Adding a note of caution, she added, "I am confident that all of you understand well the necessity to ensure that investments do not aggravate a fragile environment already vulnerable to natural disasters and climate change. "I mentioned earlier the potential for aquaculture in Rakhine. But we would wish to avoid the unchecked expansion of commercial fishery projects that could degrade our precious mangrove stock." Daw Aung San Suu Kyi said Myanmar’s economy was projected to grow 6.2 percent in 2018-2019 and that the growth was spread across all sectors but driven to a large extent by energy and private enterprise. The post Daw Aung San Suu Kyi Pitches Investors on Rakhine State appeared first on The Irrawaddy. |
| Making Myanmar’s Constitution Democratic Posted: 21 Feb 2019 10:45 PM PST Myanmar's 2008 Constitution is indisputably undemocratic, as it grants the military and its chief extraordinary power. Making it more democratic, however, is and will be for the foreseeable future an extremely difficult proposition. Having said that, unless the charter is amended in accordance with truly democratic principles, the country's current democratic transition is unlikely to make significant progress in bringing about civil liberties, equality, regional autonomy and rule of law for all citizens. Mindful of the difficulty of its task, the ruling National League for Democracy (NLD) initiated an attempt to amend the military-drafted charter by proposing the formation of a joint committee on constitutional amendment in late January. The 45-member joint committee was formed over strong objections from the military and its proxy in Parliament, the Union Solidarity and Development Party (USDP), which was formed by ex-generals. The committee must submit its report on the proposed amendments to Parliament by July 17. When U Aung Kyi Nyunt, a member of the NLD's Central Executive Committee, proposed the formation of the joint committee in January, he told Parliament the Constitution needed amending as it includes undemocratic articles. He pointed out that it contains provisions that contradict one another and prevent the establishment of a democratic federal union and a genuine multi-party democratic system. He said it also fails to ensure checks and balances between the three branches of government, equal rights for all citizens, and free and fair elections. All of his arguments echoed points the NLD made in its 2015 Election Manifesto. The NLD has not drawn up a list of specific articles to be amended, preferring to give the joint committee the opportunity to conduct a chapter-by-chapter discussion of which articles are not in accord with democratic standards. In 2014, however, the NLD published a list of proposed amendments to 168 of the Constitution's 457 articles. In its introduction, the NLD described the list as incomplete, saying it comprised only significant items that could be amended without endangering the process of national harmony and reconciliation as it existed at that time, acknowledging the views of the powerful military and the elected civilian government.  The implication is that the NLD believes there are more provisions that could potentially be amended. But if the items and chapters to be discussed are to be selected based on their undemocratic nature, the 168 items the party cited five years ago all remain valid candidates for amendment. Certainly, changing them all is out of the question. The NLD knows just how far it can go with this task. Even its initial attempt to form the joint committee faced strong resistance from all military appointees and USDP lawmakers in Parliament. Bearing those practical limitations in mind, the following analysis examines which parts of the Constitution the NLD is most likely to try to amend in the coming months and years, possibly before the upcoming election in 2020. The main reason the NLD selected those 168 items for amendment is because they are so clearly out of step with basic human rights and democratic principles. I have grouped the proposed amendments into three main areas, based on their ultimate aim:
Beyond these main goals, there are some other interesting proposals such as changing the current national flag to better reflect the country's aspirations since independence, and amending Article 432, which protects ex-ruling generals from being sued, effectively placing them above the law. The NLD's proposed amendments start with Chapter 1 and cover almost all of the charter's 15 chapters. This analysis does not examine the details of every proposal made, but will touch on the main items. Rejecting the notion of 'qualified' democracy The suggested amendments to Chapter 1 of the charter—"Basic Principles of the Union"—are highly likely to face serious objections from military appointees and the USDP. However, they are likely to receive a warm welcome from other parties and, of course, the public.
When talking about democracy, officially or unofficially, the military, previous military regimes and ex-military officials have always used the phrase "disciplined democracy". To their way of thinking, democracy is tantamount to anarchy. This kind of brainwashing is typical of military institutions in Myanmar; perhaps its common to all authoritarian countries.
Obviously, the military and its powerful commander-in-chief will not accept an immediate change to this particular article under current circumstances. Amending it could take years or even decades. Holding 25 percent of the seats in all parliaments is a key political privilege for the military. It is one of the articles the NLD can't amend at the moment, and this will remain the case for the remainder of the government's current tenure, which ends in 2021.
Again, the NLD does not suggest removing this article; instead, it seeks to add the phrase, "In agreement with the Union Parliament" before "the commander-in-chief has the right…" to reflect the fact that sovereign power is derived from the country's citizens. Inclusion of the phrase would unequivocally take back this extraordinary power currently wielded by the commander-in-chief. It is also in line with democratic principles. Again, however, making this change would require the commander-in-chief's consent. Strict one-term limit for president Chapter 3—Head of State—includes an article that has become internationally and domestically notorious. Article 59(f) was written with a specific individual in mind: Daw Aung San Suu Kyi, the de facto leader of the current government. This is just one of a score of articles targeted for change among the many interesting proposals made by the NLD in regards to this chapter.
 The NLD also points out that there is no such article in the constitutions of other countries, and there were no such restrictions in either of Myanmar's previous constitutions approved in 1947 and 1974. The party is right to point out that this particular article targets Daw Aung San Suu Kyi, who was then opposition leader and under house arrest when the previous military regime drafted the Constitution in 2008. But the current military leaders and the formerly ruling USDP have shown an unwillingness to change it so far.
This suggestion is clearly the product of a mentality haunted by the country's five-decade-long military authoritarian system. Its main aim is to ensure that new leaders, even elected ones, can't hold power indefinitely, like previous ruling generals including General Ne Win, who ruled the country for 28 years (from 1962 to 1988) and Senior General Than Shwe, who ruled the country for 19 years (from 1992 to 2011). No immediate challenge to the military chief's power to appoint lawmakers In Chapter 4—Legislature—the NLD suggests gradually removing the right granted to the commander-in-chief to nominate military officials for appointment to 25 percent of the seats in all Union, regional and state parliaments. In this chapter, most amendments suggested by the NLD relate to privileges granted to the commander-in-chief and his parliamentary appointees.  Chapter 5—Executive—includes a very controversial article relating to the formation of the National Defense and Security Council (NDSC). The NLD suggests amending many clauses in this chapter in order to reduce the power of the president to grant more autonomy to parliaments and the governments of regions and ethnic states.
Like many, the NLD is most concerned about this, which is why its government has never called an official NDSC meeting in the three years it has been in office. Instead, during crises it has called meetings of many or all of those officials, along with additional high-ranking officials. The NLD also appears to believe that the council's composition is not appropriate politically. It suggests that two deputy house speakers be added, as the current 11 members include "deputies" like vice presidents and deputy commanders-in-chief. It also suggests including only one vice president. This suggestion sounds logical in terms of the ratio of vice presidents and vice commanders-in-chief. It would give the council 12 members—seven from the civilian side (comprising representatives of the government and Parliament)—while the military will have only five members. This would clearly reduce the power of the military on the council.
The proposed changes include direct elections for the chief ministers of those regions and state governments by their respective parliaments, and giving each chief minister the power to independently form his or her own government, including deciding on the number of ministries needed. All suggestions made by the NLD in this chapter would ensure chief ministers have significant autonomy.
Supreme Court the final arbiter During the decades of military rule, the judicial system in Myanmar was infamous for its lack of independence. Chapter 6 of the Constitution—Judiciary—places the Supreme Court under military Courts-Martial in terms of legal authority: "Without affecting the powers of the Constitutional Tribunal and the Courts-Martial, the Supreme Court of the Union is the highest Court of the Union."
Chapter 7 must surely be the strangest of any included in any country's constitution. It concerns the Defense Services, known as the Tatmadaw in Burmese. Even in Myanmar, this chapter stands out, as it had no equivalent in the country's previous constitutions in 1947 and 1974. It appears before the chapter on citizens and their rights. This particular chapter shows that the military has become more powerful constitutionally than at any time in the country's history. In fact, this chapter has no place in a democratic constitution, but again the NLD is not proposing to eliminate it entirely. But even a "realpolitik" approach may not favor it, as this is the biggest "landmine" in the NLD's path to reform. The NLD will face withering opposition from the military if it even suggests removing it—even though, at the end of the day, this chapter shouldn't exist.
The 2008 Constitution is riddled with conditions, but Chapter 8—Citizens, Fundamental Rights and Duties of the Citizens—has more than its share of unnecessary conditions. The NLD highlights two articles in this chapter, relating to arrest without remand and forced labor.
As a reason, it says the article should be in harmony with Article 21(b) of Chapter 1, Basic Principles of the Union, which reads: "No citizen shall be placed in custody for more than 24 hours without the permission of a Court."
The article reads: "Every citizen has the duty to uphold: a) non-disintegration of the Union; b) non-disintegration of national solidarity; c) perpetuation of sovereignty." The NLD suggests eliminating the entire article, saying it echoes an earlier article in the Constitution and pointing out that these are duties not only of citizens but also of the government. No immunity for the military chief, even in emergencies Chapter 11—Provisions on State of Emergency—which gives special powers to the commander-in-chief, especially during a state of emergency, contains a phrase that, in the context of this Constitution, perhaps shouldn't surprise us.
 The NLD proposes removing the clause "no legal action shall be taken", claiming it is not in accord with international standards. Needless to say, the military and USDP will resist this strongly. Article 436 of Chapter 12—Amendment of the Constitution—is one of the most controversial articles in the charter as its purpose is to make it difficult to make even reasonable amendments.
 This is quite likely the most difficult part of the constitution to change. This article, the NLD says, gives the military the upper hand at the expense of the public when it comes to amending the Constitution. The NLD adds that equality and justice are important for national reconciliation. It suggests the article be amended so that those articles it mentions can be amended with the approval of more than seventy-five percent of all elected representatives (excluding the military appointees) of the Union parliament, or by more than 50 percent of all the representatives (including military lawmakers). It seems fair but is unlikely to be accepted by the military. Uninspiring national symbol Since the Constitution was approved in 2008, many people have complained about the new national flag, which bears no resemblance to previous flags. Chapter 13 concerns the State Flag, State Seal, National Anthem and the Capital. 
These are among the many articles the NLD is highly likely to try to amend. To get all of them amended remains a virtual impossibility for the foreseeable future, especially prior to the 2020 election, which is likely to be the NLD's tentative timeframe. But if even one of the provisions discussed above remains in the Constitution, we can't regard it as fully democratic. This analysis begs an obvious question: Why doesn't the NLD draft a new constitution, rather than try to amend so many items in the current one? Some political observers have suggested just that. But such an option is simply not possible. The military does not even accept the NLD's initiative to amend the charter; that it would entertain the notion of a new charter is out of the question. Therefore, we can safely say it's not a practical solution under current political conditions. As for the NLD, it seems determined to push the issue as far as it can in the coming months with the aim of securing a significant quantity of substantive amendments. To achieve this, the NLD will need to implement, at a minimum, the following four strategies: 1) strike a balance between seeking reform and "realpolitik"; 2) use its majority in Parliament in a democratic manner; 3) marshal all of its public support to help it achieve its goal; and 4) coax the commander-in-chief into adjusting his political position sufficiently to accept its proposals. As it does so, the party faces one fundamental restriction—not to engage in the kind of counterproductive activity that could provoke a military coup. That is the bottom line. Beyond that, there shouldn't be any limitations on its efforts. The post Making Myanmar's Constitution Democratic appeared first on The Irrawaddy. |
| Construction of Yangon’s Outer Circular Road to Begin by Year End Posted: 21 Feb 2019 10:33 PM PST YANGON—Myanmar's Ministry of Construction has announced it will construct two circular roads inside and outside Yangon with the assistance of the Japan International Cooperation Agency (JICA). Construction of the outer road is to be divided into four phases and will start with the eastern section, according to U Kyi Zaw Myint, deputy director general of the ministry's road and bridge construction department. The eastern section will link the Thilawa Special Economic Zone in Yangon's Thanlyin with Hlegu; the northern section will link Hlegu with Hlaingtharyar; the western section will link Hlaingtharyar with Dala; and the southern section will link Dala with Thanlyin. "We plan to build the eastern section first. As it will be a six-lane road, the investment will be huge," he told reporters. The eastern section will be 69 kilometers long, and will include a 1.4-kilometer long bridge across the Bago River. It will have a speed limit of 100 kilometers per hour. The ring road will link Thilawa Special Economic Zone, Mingalardon Industrial Zone, the Yangon-Mandalay Expressway and Yangon International Airport. "The road will be 300 feet in width. We will be able to calculate the investment amount after developing the road design. It will be implemented as a public-private partnership," said U Kyi Zaw Myint. The construction ministry has selected 10 finalists for the construction of the eastern section, and will announce the tender winner in May. Construction of the first phase is expected to begin later this year and will take three years to complete. On the list of finalists are Chinese, French, Japanese and Korea companies, Thai-Chinese joint ventures, and joint ventures between Myanmar and foreign firms. The construction ministry will invite tender for phase two later this year, said U Kyi Zaw Myint. According to JICA's 2040 master plan for Yangon, there will be an inner and outer circular road connecting strategic points around the city. The inner road will be an elevated highway, the first section of which will be 20 kilometers long and link Strand Road in downtown Yangon to Mingalardon Industrial Zone to the north via Pazundaung Township and Waizayana Road. The second section of the inner road will be built through Kha Ye Pin Road, Mingalardon Road and Kyimyindaing Road to link Strand Road and Mingalardon Industrial Zone. The plan aims to solve the notorious traffic problems in the commercial hub of Yangon where 90 percent of vehicles in entire country are driven. "We are optimistic about the project. I have had to negotiate with local farmers in Hlegu [whose lands are required] for the construction. The project area will use around 50 acres of farmland," Lower House lawmaker U Thein Tan told The Irrawaddy, adding that local farmers have accepted the rate of compensation offered by the construction ministry. The post Construction of Yangon's Outer Circular Road to Begin by Year End appeared first on The Irrawaddy. |
| India Reiterates Plan to Stop Sharing of Excess Water with Pakistan–Minister Posted: 21 Feb 2019 08:41 PM PST NEW DELHI/ISLAMABAD—An Indian government minister reiterated on Thursday the country’s plan to restrict the flow of water to Pakistan from its share of rivers, the latest effort by New Delhi to pressure its neighbor after a militant attack in Kashmir. “Our government has decided to stop our share of water which used to flow to Pakistan,” Nitin Gadkari, transport and water resources minister, said in a tweet. He added that the country would divert water from eastern rivers and supply it to its people in Jammu and Kashmir and Punjab states. Gadkari did not elaborate but officials from his ministry said he was re-stating decisions already taken by Prime Minister Narendra Modi, including a dam project cleared by his cabinet last December. Officials said no new decision had been taken on Thursday. Gadkari’s comments underlined New Delhi’s anger over an attack by a Pakistan-based militant group last week in the disputed region of Kashmir, which killed 40 paramilitary police. India has accused Pakistan of not doing enough to control such groups, while Pakistan has denied involvement. The sharing of water supplies from the Indus River and its tributaries between the two countries is regulated under the 1960 Indus Water Treaty. In recent years India has begun ambitious irrigation plans and construction of many upstream dams, saying its use of upstream water is strictly in line with the treaty. Following an attack on security forces in the Kashmir town of Uri in 2016, India began to fast-track development of some of the dam projects, escalating tensions between the arch-rivals. Pakistan has opposed some of these projects saying they violate the World Bank-mediated treaty on the sharing of the Indus waters, upon which 80 percent of its irrigated agriculture depends. On Thursday, Pakistani Prime Minister Imran Khan authorized the country’s armed forces to hit back against India if attacked but repeated a call for an investigation into the attack in Kashmir. “The incident was conceived, planned and executed indigenously,” said a statement issued following a meeting of Pakistan’s National Security Committee, which added Pakistan was “not involved in any way, means or form”. India's top military commander in Kashmir, Lieutenant-General K.J.S. Dhillon, accused Pakistan's main Inter-Services Intelligence spy agency on Tuesday of controlling those behind the bombing and warned of retribution. India has long blamed Pakistan for a nearly 30-year revolt in Jammu and Kashmir, its only Muslim-majority state. Pakistan denies any involvement and has repeatedly urged New Delhi to hold talks to decide the future of the region. The post India Reiterates Plan to Stop Sharing of Excess Water with Pakistan–Minister appeared first on The Irrawaddy. |
| Daw Aung San Suu Kyi Drops Off UN Agenda in Geneva Next Week Posted: 21 Feb 2019 08:30 PM PST GENEVA — Myanmar will be represented by a government minister at a U.N. conference in Geneva next week, and not by the country’s de facto leader, Daw Aung San Suu Kyi, according to the latest agenda for the meeting on Thursday. Earlier on Thursday, an agenda for the Conference on Disarmament seen by Reuters showed Daw Aung San Suu Kyi, who has been criticized by the West over the government’s treatment of Rohingya Muslims and other human rights concerns, was scheduled to speak at 11 a.m. on Wednesday. Two officials confirmed she was expected, raising the prospect of a possible meeting with U.N. Secretary General Antonio Guterres, who is due to speak at the U.N. Human Rights Council on Monday and the disarmament forum on Tuesday. But an agenda posted on the conference’s website later in the day listed Kyaw Tin, Union minister for international cooperation, as the speaker from Myanmar. U.N. officials said they did not have any information about Daw Aung San Suu Kyi coming to Geneva. Myanmar government spokesman Zaw Htay did not respond to calls seeking comment and diplomats at Myanmar’s mission in Geneva were unavailable throughout the day. Daw Aung San Suu Kyi is a former political prisoner who was awarded the Nobel Peace Prize in 1991, but her reputation has suffered badly in recent years. Her government’s relations with the United Nations are tense following the Rohingya crisis. About 730,000 Rohingya Muslims have fled from Myanmar’s Rakhine State into Bangladesh since a military crackdown in 2017 after Rohingya insurgents attacked security posts. Myanmar has banned the U.N. special rapporteur on human rights in Myanmar, Yanghee Lee, from coming to the country and Daw Aung San Suu Kyi’s administration has opposed raising the profile of the U.N. resident coordinator in Myanmar. Daw Aung San Suu Kyi has largely shunned travel to the West since the Rohingya crisis broke but she and senior officials in her administration travel regularly within Asia. A U.N. mandated fact-finding mission said that Myanmar’s military carried out mass killings and gang rapes of Rohingya with “genocidal intent” and called for generals to be prosecuted. Myanmar rejected the findings. Last year Daw Aung San Suu Kyi visited Australia, Japan, Singapore, Vietnam and Nepal. She travelled to Switzerland in 2012, visiting the Swiss government in Bern and the U.N. and the International Labor Organization in Geneva. The post Daw Aung San Suu Kyi Drops Off UN Agenda in Geneva Next Week appeared first on The Irrawaddy. |
| China Sees ‘Enormous Potential’ in Saudi Economy as Crown Prince Visits Posted: 21 Feb 2019 08:16 PM PST BEIJING—China sees “enormous potential” in Saudi Arabia’s economy and wants more high-tech cooperation, the Chinese government’s top diplomat said, as Saudi Crown Prince Mohammed bin Salman began a two-day trip to Beijing. The Saudi delegation, including top executives from Aramco, arrived on Thursday on an Asia tour that has already seen the kingdom pledge investment of $20 billion in Pakistan and seek additional investment in India’s refining industry. The crown prince will meet President Xi Jinping, who has made stepping up China’s presence in the Middle East a key foreign policy objective, despite its traditional low-key role there. Meeting Saudi Foreign Minister Adel al-Jubeir, State Councilor Wang Yi said the main features of their ties were respect, understanding and support for each other, China’s Foreign Ministry said in a statement late on Thursday. “All countries in the world have the right to develop, and Saudi Arabia is an emerging market country with enormous potential,” the ministry paraphrased Wang as saying. China supports Saudi’s efforts to diversify its economy and is willing to strengthen high-tech cooperation, Wang added. Saudi Aramco, the world’s top oil exporter, will sign a pact to build a refinery and petrochemical project in northeastern Liaoning province in a joint venture with China’s defense conglomerate Norinco, three sources with knowledge of the matter said. The investments could help Saudi Arabia regain its place as the top oil exporter to China, a position Russia has held for the last three years. Saudi Aramco is set to boost market share by signing supply deals with non-state Chinese refiners. China has had to step carefully in relations with Riyadh, since Beijing also has close ties with Saudi regional foe Iran. On Wednesday, Xi told the speaker of Iran’s parliament that China’s desire to develop close ties with Iran would stay unaltered, regardless of the global situation. China is also wary of criticism from Muslim countries about its camps in the heavily-Muslim far western region of Xinjiang, which the government says are for de-radicalization purposes and rights groups call internment camps. Wang said both countries face the threats of terrorism and extremism, and should strengthen cooperation to safeguard security and stability. China was not seeking to play politics in the Middle East, the widely-read state-run tabloid, the Global Times, said in an editorial on Friday. “China won’t be a geopolitical player in the Middle East. It has no enemies and can cooperate with all countries in the region,” said the paper, published by the ruling Communist Party’s official People’s Daily. “China’s increasing influence in the Middle East comes from pure friendly cooperation. Such a partnership will be welcomed by more countries in the Middle East.” The post China Sees 'Enormous Potential' in Saudi Economy as Crown Prince Visits appeared first on The Irrawaddy. |
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