RAKHINE, Myanmar, Aug. 16 (UPI) — There is no need for an investigation into violence between Burmese Buddhist and Muslim ethnic groups, Myanmar’s Human Rights Commission says.

The Organization of Islamic Cooperation said it will ask the United Nations Security Council to look into the government’s handling of clashes in Rakhine State in Myanmar, formerly known as Burma, the Voice of America reported Thursday.

The root of the problem lies in the government’s failure to recognize the Rohingya as citizens, said Jim Della-Giacoma, an analyst for International Crisis Group, refering to an ethnic group of 800,000 Muslims in Myanmar regarded by the United Nations as among the most persecuted people in the world.

A United Nations report released Thursday said the number of people displaced by the fighting in Rahkine has exceeded 68,500 and is rising.

The Islamic summit decided on Thursday to take the issue of Myanmar’s Muslim Rohingyas, displaced by deadly sectarian violence, to the United Nations.

At a meeting in the holy city of Mecca the 57-member Organisation of Islamic Cooperation (OIC) condemned “the continued recourse to violence by the Myanmar authorities against the members of this minority and their refusal to recognise their right to citizenship.”

“The summit has decided to bring this matter before the General Assembly of the United Nations,” it said in a final statement.

The OIC announced on Saturday before the summit that it had received a green light from Myanmar to assist displaced Rohingya.

It said Myanmar gave its agreement following talks in the capital Yangon on Friday between a delegation from the pan-Islamic body and President Thein Sein on the “deplorable humanitarian situation in Rakhine state.”

The delegation assured Thein Sein that Islamic humanitarian organisations were willing to provide aid to all residents of the strife-torn state.

Saudi King Abdullah decided Saturday to grant $50 million to the Rohingya, the country’s news agency SPA reported, describing them as victims of “several rights violations, including ethnic cleansing, murder, rape and forced displacement.”

Violence between Buddhists and Rohingya has left scores dead, with official figures indicating that 80 people from both sides died in initial fighting in June.

The entire state has been under emergency rule since early June with a heavy army and police presence.

By Daniel Ten Kate - Aug 15, 2012 9:19 PM PT

Myanmar lawmakers struggled to find out details about a new vice president appointed yesterday, underscoring the military’s lingering influence as the country shifts toward greater political openness.

Naval chief Nyan Tun was nominated by army-appointed lawmakers for the post, replacing one of two vice presidents who resigned last month. The military is granted 25 percent of parliamentary seats by the constitution and has the right to nominate one of the top three leaders in the country.

Enlarge image Myanmar Opposition Leader Aung San Suu Kyi

Aung San Suu Kyi, Myanmar opposition leader at the lower house of parliament in Naypyidaw on August 7, 2012. Source: AFP/Getty Images

“We don’t know about him and have never seen him before,” Myo Aung, a lawmaker with the main opposition party headed by former political prisoner Aung San Suu Kyi, said by phone. “Since we didn’t see his background and his biodata, right now we can’t evaluate how supportive he will be with democratic reforms.”

Myanmar’s shift toward democracy since a 2010 election ended five decades of direct military rule prompted the U.S. and European Union to ease sanctions, encouraging companies including Coca-Cola Co. (KO), Unilever and General Electric Co. to invest in the country of 64 million people that borders China and India.

President Thein Sein is pushing to create jobs as his ruling Union Solidarity and Development Party looks ahead to elections in 2015. Suu Kyi’s National League for Democracy, which boycotted the 2010 nationwide vote, won 43 of 45 by- election seats up for grabs in April, signaling a challenge to the country’s power structure.

Under the constitution, the president is chosen from three vice-presidents in the event of a vacancy. The process to confirm Nyan Tun took about 20 minutes, said Tin Nwe Oo, a lawmaker with the National Democratic Force, a smaller opposition party.

“It’s difficult to understand why we as parliamentary members didn’t get his biography before his approval,” she said.

Myanmar wants to be an observer at the Thai-US Cobra Gold war games and has sought help from Thailand to negotiate with Washington.

Defence Minister ACM Sukumpol Suwanatat yesterday said he paid courtesy calls on Myanmar President Thein Sein, Commander-in-Chief of Defence Services Min Aung Hlaing and Defence Minister Hla Min during his two-day visit to Myanmar which ended yesterday.

During his visit, Gen Min Aung Hlaing expressed concern that Myanmar had not met certain benchmarks for democracy required by Washington, ACM Sukumpol said.

Cobra Gold is an annual joint military exercise between Thailand and the US.

Myanmar military authorities want the Thai military to help plead their case to Washington, the defence minister said, adding he was willing to raise the issue with the US military.

The Myanmar general said residents would soon enjoy full democracy, according to ACM Sukumpol.

During his visit, the two countries agreed to cooperate in drug interdiction operations along the border, particularly in information exchange, he said.

Myanmar has asked Thailand to crack down on the production of methamphetamine precursors to prevent the chemicals from being smuggled into Myanmar, said ACM Sukumpol. He added he would raise the issue with Deputy Prime Minister Chalerm Yubamrung, who oversees drug suppression.

During his trip, ACM Sukumpol also sought Myanmar’s support for the opening of three more permanent border checkpoints in Chiang Mai, Mae Hong Son and Kanchanaburi provinces to support the future Dawei deep-sea port development project.

Myanmar’s Lower House has approved the new Foreign Direct Investment Bill with 94 amendments made to the draft law.

The proposed bill limits foreign investment in certain businesses to between 35 and 49 per cent, and also makes provisions on land allocation for the farming sector, and ensuring foreign investments will not hurt small and medium-scale industries in the country.

Speaker Thura U Shwe Mann of Lower House said on Tuesday, “The Foreign Direct Investment Bill has been scrutinised by both the Upper House and the Lower House.”

Amendments in the bill include a requirement that initial investment by a foreigner must be at least US$5 million or other foreign currencies equivalent to this amount that are accepted by the Central Bank of Myanmar.

Some limited joint-venture businesses will be allowed 49 per cent foreign investment of the total capital.

If foreign companies plan to sell all or some of their shares to another foreigner or a Myanmar citizen, they will need approval from the foreign investment commission for registration of share transfer in line with the existing law.

Foreign investors must also share high technologies to partner business firms or organisations in accordance with the agreements.

Regarding technical sectors, skilled citizens and employees must comprise at least 25 per cent of the workforce in the first two years of investment, 50 per cent in the next two years and 75 per cent in the fifth and sixth years.

Foreign investors can transfer money overseas in accordance with the market exchange rate through local banks that are authorised for foreign banking services.

The Lower House will submit the FDI bill to the Upper House after which the president will give his approval.

Further amendments to the draft law can be made only at the Union Assembly.

Yangon, Aug 16 (IANS) Myanmar has established diplomatic ties with Luxembourg, the third country that Myanmar forged links so far in 2012 after Malawi and Bhutan, said official sources Thursday.

The diplomatic establishment with Luxembourg has brought the total number of countries in the world with which Myanmar has such links to 107 since it regained independence in 1948, reported Xinhua.

According to the foreign ministry, Myanmar has so far set up embassies in 30 countries and two permanent missions in New York and Geneva, and four consulates-general in Hong Kong, Kunming and Nanning, and Kolkata.

Total 28 countries have their embassies in Myanmar. In addition, China and India have respectively set up consulates-general in Myanmar’s Mandalay, the second largest city, while Switzerland in Yangon and Bangladesh in Sittway have their consulates-general.

The trial in Myanmar of eight Thais charged with possessing war weapons was scheduled to finish yesterday, but the verdict could take two weeks to be handed down.

Sek Wannamethee, deputy spokeswoman for the Foreign Ministry, said yesterday that two other Thais facing drug charges would appear before another court on the same day for witnesses to testify.

The maximum imprisonment for possessing military weapons is 20 years and for drugs 30 years.

The eight suspects are among 92 Thais, including 10 women, rounded up at Koh Song or Victoria Point in Myanmar opposite Ranong on July 4 for allegedly encroaching on Myanmar soil to raise crops including marijuana without a permit.

The weapons and drugs charges were added later in certain cases.

Relatives of the eight Thais gathered at the coordination office in Ranong on Wednesday after learning about the trial. They wanted to cross the border and attend the hearing but their request was rejected because they did not ask for permission in advance. They were allowed to wait for the verdict at the coordination office.

The suspects maintained they were misled by a broker into clearing land for a rubber plantation and only later found out that the site was beyond the authorised zone for Thais to use.

In a courtesy call on Myanmar President Thein Sein on Wednesday, Defence Minister Sukampol Suwannathat discussed the plight of the 92 Thai detainees and requested that they be released and repatriated.

The Myanmar leader promised to look into the matter, the Foreign Ministry spokeswoman said.

Ranong military authorities warned the relatives of the 92 Thais not to be duped by some people claiming to know high-ranking Myanmar officials and promising to help get their loved ones released for Bt1 million in payment.

The Finance Ministry has signed a memorandum of understanding with Myanmar’s central bank to support the development of capital markets in the slowly democratizing Southeast Asian country.

Japan will help Myanmar draw up a securities exchange law to ensure fair transactions of stocks and bonds, and protections for investors, the ministry said Wednesday.

A group of Japanese securities experts and lawyers will provide advice to develop human resources in Myanmar. Japan will also accept trainees from the country.

The move comes after Prime Minister Yoshihiko Noda announced in April that Tokyo will resume yen loans to Myanmar for the first time in 25 years due to progress with the country’s democratization.

The weekend before last, black-clad Burmese journalists took to the streets of main city Rangoon to rail against the suspension of two local newspapers by the country’s censorship board.

An estimated 300 protesters wore black t-shirts with the logo “Stop Killing the Press” after The Voice Weekly and The Envoy were suspended for not submitting stories for pre-publication scrutiny, a legacy of the bad old days of arbitrary rule that the government has said will soon be history.

The Voice Weekly was curbed due to an article about a rumored cabinet reshuffle, which it published without the censor’s go-ahead. “It seems the censor board is flexing its muscles to remind everyone they are still there,” said Sein Win, editor of Mizzima, another newspaper.

The protest and other related developments show how finely balanced emerging press and speech freedoms are in Myanmar. In a sense, that the protest was allowed to take place at all shows that Myanmar’s reforms are giving people at least more leeway to publicly voice their opinions, and notably, the suspension has since been lifted, in response to the protestors.

But then, on Aug. 10, in another reminder that old regime ways die hard, the government announced a new press council, to be staffed by officials rather than journalists. This means the council will be a government entity rather than a self-regulating media body as is often the case with press councils in other countries.

Elsewhere, newfound freedoms have allowed old tensions between some of Myanmar’s dozens of ethnic and religious groups to come to the fore.

Two steps forward, one step back

Before a civilian government took office in March, replacing the former military rulers, there was no chance such a protest would take place—or if it did the demonstrators would have been arrested, put through a show trial and possibly given lengthy, trumped-up jail terms.

The government is civilian in name only, as it is made up of mostly former army cadres and backed by various legislatures featuring almost 80 percent army or army-backed lawmakers.

Nonetheless, the government has made numerous changes over the past year, such as freeing hundreds of political prisoners and allowing free and fair by-elections on April 1, during which famous opposition leader Aung San Suu Kyi won a parliamentary seat. Last week, the government even funded commemorations of the August 1988 student protests against the then-government, demonstrations that resulted in the army killing an estimated 3,000 civilians.

Prior to the recent, mostly informal relaxation of media freedom, the newspapers in question could not have run anything critical of the government or even published something as seemingly innocuous as a photo of Aung San Suu Kyi.

Changes still needed

But the latest suspensions are a reminder that the Burmese government can still apply the letter of the law if it so chooses and that draconian laws curbing freedom of expression remain on the books.

Shawn Crispin, Southeast Asia representative of the Committee to Protect Journalists, said, “We are also concerned that even if the media law includes liberal provisions, they will be trumped by the various other draconian laws on the books, including the Electronics Act, that have historically been used to threaten and jail journalists.”

With press freedom curtailed in Myanmar in the past, many journalists fled abroad, running news agencies from Thailand or India. One, Kheunsai Jaiyen, heads the Shan Herald Agency, focusing on affairs in Shan state, a narcotics-producing region of Shan Herald bordering northern Thailand.

“For years we had to operate inside Shan state incognito,” he recalled. “Now it is easier since the regime makes a show of opening up.”

Some of Myanmar’s exiled press, such as Mizzima, have opened offices in Myanmar in recent months, while others are mulling whether to establish a presence at home, pending finalization of the new press law, which will see the end of the government censors, according to the government itself. Kheunsai Jaiyen said, “We have yet to decide whether we will register officially in Burma.”

New freedoms, new clashes

In June, deadly riots between Buddhist Arakanese and Muslims, mostly Rohingya, took place in Arakan in the west of Myanmar.

Many Arakanese and other Burmese regard the Rohingya as illegal immigrants from Bangladesh, calling them “Bengalis” and worse. State-run media published the word “kalar” to describe the Rohingya, something akin to a U.S. newspaper using the word “nigger” in a news report.

With Internet access in Myanmar slowly expanding and—for those who can afford it or put up with glacial download speeds—access to the likes of Facebook and Twitter no longer blocked, freedom to say what’s on one’s mind has taken a nasty turn.

Burmese at home and among the millions of diaspora scattered across Southeast Asia, Europe and North America have taken to issuing diatribes about the Rohingya, with even former political prisoners under the old military junta taking to praising the current government and using ominous sounding nationalist and security justifications for supporting clamping down on what many describe as “so-called Rohingya.”

In the meantime, the Rohingya issue has attracted the attention of Muslims overseas, including militants such as the Pakistani Taliban and Abu Bakr Basyir, currently in jail in Indonesia for funding terrorism. Online, doctored photos purporting to support unverified claims of a “genocide” of Rohingya have appeared, and Rohingya or foreign backers have fired out some splenetic pages and posts in turn.

“There are weaknesses in both domestic and foreign reporting. Most of the local news coverage is emotional, with a strong sentiment of patriotism,” Sein Win said, hinting at the need for greater responsibility and balance in Burma’s partly free press.

YANGON, Aug. 17 (Xinhua) — Myanmar Foreign Minister U Wunna Maung Lwin has stressed the need for the Association of Southeast Asian Nations (ASEAN) and plus three countries (China, Japan and South Korea) to enhance networking between government authorities and agricultural and food-related research institutions to promote cooperation in rural financial institutions and agricultural and micro-financing arrangements, official media reported Friday.

Speaking at the 10th East Asia Forum (EAF) hosted by Myanmar in Nay Pyi Taw Thursday, U Wunna Maung Lwin noted that the East Asia Forum has contributed to strengthening the East Asia cooperation and moving forward the East Asia Community Building in the long term. He added that the forum enhances investment in the development of rural and urban communities across the region.

Appraising the forum about the national development strategy on rural development and poverty eradication, he urged the participants to find new practical ways and ideas for narrowing the development gap in rural and urban communities.

The EAF was attended by representatives from ASEAN member countries, dialogue partners of China, Japan and South Korea, the Deputy Secretary General of ASEAN Political and Security Community and ASEAN Secretariat as well as business and academic circles.

The year 2012 marks the 15th anniversary of the ASEAN Plus Three Cooperation and 10th anniversary of the East Asia Forum.

YANGON, Aug. 16 (Xinhua) — Myanmar and Thailand have stressed cooperation in bilateral security and rule of law, official media reported Thursday.

It was emphasized during discussions between Myanmar President U Thein Sein and visiting Thai Defense Minister Air Marshal Sukumpol Suwanatat at Nay Pyi Taw’s Presidential Palace Wednesday.

U Thein Sein was quoted as saying that his last visit in late July to industrial zones in Thailand had become the support for the establishment of two industrial zones in Myanmar, stressing the need to bring stability and development in the border areas.

Drug cases would be decreased as the two countries have been cooperating to carry out anti-narcotic drug tasks effectively, he said.

He added that Myanmar plans to establish opium-substitute crop farms and projects at the border areas of the two countries when peace prevailed there.

Suwanatat expressed Thailand’s willingness to carry out tasks for development of the villages on both sides of the Thai-Myanmar border and cooperate in fighting illegal immigrants and drug issues.

Suwanatat, who is currently on a visit to Myanmar, also met Myanmar Commander-in-Chief of the Defense Service Vice Senior- General Min Aung Hlaing on Wednesday, the report said.

They discussed promotion of friendly relationship between the two armed forces, cooperation in eradication of drug and cooperation in security along the Mekong River.

Min Aung Hlaing also received visiting Commander-in-Chief of the Royal Thai Navy Admiral Surasak Rounroengrom, who also met with his Myanmar counterpart Admiral Nyan Tun on Tuesday before the latter became Vice President on Wednesday.

After a drawn-out selection process, Myanmar’s military parliamentarians have appointed Admiral Nyan Tun as the country’s new vice president, a choice that may help to consolidate President Thein Sein’s position and signal a shift in the military’s position on his ambitious reform agenda.

The highly anticipated appointment came after the disqualification of the previous frontrunner, Myint Swe, a perceived hardliner aligned with the previous junta’s senior leaders, and amid widespread speculation about whether the next vice president would strengthen or weaken the hand of reformers in government.

Over a month behind schedule, Nyan Tun’s appointment was announced on Wednesday by the National Assembly. Following constitutional requirements that the president and two vice presidents must be civilians, Nyan Tun resigned his military commission before being sworn into office the same day. He was nominated by military representatives who represent 25% of parliament and was approved by Armed Forces Commander Vice Senior General Min Aung Hlaing.

General consensus on the nominated candidate must then be given by the National Defense and Security Council, which is headed by the president and composed of the speakers of both houses of parliament, key ministers and the commanders and deputy commanders of the armed forces.

Yangon Division Chief Minister and former Lt General Myint Swe was initially chosen in July but was dropped from consideration after it was revealed that his son had taken citizenship in Australia. Myanmar’s 2008 Constitution expressly forbids Myanmar citizens whose relatives or spouses hold foreign citizenship from becoming president or vice president.

Ironically, the rule was initially viewed by the opposition and independent Myanmar watchers as a legal ploy to keep opposition leader Aung San Suu Kyi from ever holding high office due to her marriage to now deceased British citizen Michael Aris. Suu Kyi was elected to parliament earlier this year after spending nearly 16 of the past 21 years under house arrest.

The senior post became vacant after the resignation of Tin Aung Myint Oo for “health reasons” on July 1. The former general was reportedly suffering from throat cancer, but many observers perceived his resignation was forced due to his opposition to Thein Sein’s reform efforts. Tin Aung Myint Oo was widely viewed as the leader of a hardline faction of former and current military officers opposed to reform and known for corruption.

His resignation also notably came in the wake of statements by senior government leaders calling for top officials to work to promote democratic reforms and better serve the interests of the people. Both Thein Sein and the Speaker of the Lower House, Shwe Mann, had made recent statements about reining in government corruption.

Tin Aung Myint Oo’s resignation and Nyan Tun’s appointment also coincide with an expected cabinet reshuffle that many observers believe will aim to strengthen Thein Sein’s reformist camp by expelling ministers and deputy ministers who are perceived as not adequately supporting reform.

Moderate choice

Myanmar’s new first vice president, 58-year-old Nyan Tun, joined the military as part of the 16th intake at the Defense Services Academy and graduated in the 1970s. There is little public information on his subsequent military career besides a brief stint in the 1980s with the Directorate of Defense Services Intelligence, the former military intelligence office, and his attendance at the elite National Defense College.

In June 2008, he replaced Vice Admiral Soe Thein as navy chief. At the time, Soe Thein’s removal was believed to be motivated by his mishandling of the 2008 Cyclone Nargis disaster, particularly his failure to mobilize a naval response to American and French warships that floated near the country’s coast.

The US and French vessels had ostensibly come to offer aid but the previous military regime, fearing the humanitarian offer could be a pretext for a military invasion, declined the offer even as millions of its citizens had been displaced by the killer storm. Promoted to vice admiral in 2010 and admiral in 2012, Nyan Tun remained commander-in-chief of the navy until his appointment as vice president.

Some analysts believe the choice of Nyan Tun may indicate a shift in the military’s political position. While there were other military candidates to choose from based on seniority and connections within the armed forces, especially the army, most of them had public image problems internationally related to their roles in the previous ruling junta.

Among the apparent frontrunners who were ultimately overlooked was Minister of Home Affairs Gen Ko Ko and chairman of the Union Election Commission retired Lt General Tin Aye. Both men have been implicated for alleged human-rights abuses by troops under their command while fighting insurgents in Karen State. In his role as Chief of Military Ordnance until resigning in April 2010, Tin Aye was also a key player in securing military hardware from North Korea, procurements that have earned the diplomatic ire of the United States.

Deputy Commander-in-Chief of the Armed Forces Vice Senior General Soe Win was also apparently tipped for the post. Close to former army commander and the previous junta’s second-ranking official Vice Senior General Maung Aye, Soe Win’s tenure as commander of the Northern Command in Kachin State was tainted by corruption allegations. In his current position, he is partly responsible for the ongoing fight against the insurgent Kachin Independence Organization, a counter-insurgency campaign that has been attended by human rights abuses.

Even Thein Sein’s supposed favorite, Lt General Hla Htay Win, the current Armed Forces Joint Chief of Staff, is known for his dubious past. He was a former commander of the key Yangon-based Light Infantry Division 11 and later the Yangon Regional Command, both of which are responsible for security in the former capital. During the 2007 monk-led “Saffron Revolution”, Hla Htay Win was a key commander in suppressing the protests – although there were rumors at the time that he had resisted orders to open fire on the protestors.

Myint Swe, the former frontrunner for the post, was contentious due to his role in the arrests of former intelligence chief Khin Nyunt and former dictator General Ne Win. He was also head of military intelligence for a spell and later commander of Bureau of Special Operations 5, which oversaw security for Yangon and the capital at Naypyidaw. In this role, he also oversaw the bloody crackdown on the 2007 demonstrations. Myint Swe’s initial selection, later thwarted by his son’s citizenship issues, was motivated in part by his apparent ability to straddle the line between hardliner and reformer camps.

Comparative clean hands

Nyan Tun, on the other hand, hails from the navy, a much smaller and far less controversial segment of Myanmar’s armed forces. The navy has played only a small part in the various counterinsurgency operations against ethnic and communist insurgents since the 1950s, when most of the rebels were pushed away from coastal regions and major waterways.

The navy has long been sidelined by the army and its leaders have often been mistrusted by the army’s top brass. During the 1988 pro-democracy demonstrations against military rule, many navy personnel from around Yangon joined the demonstrations, which were later bloodily suppressed. The majority of the military members who defected after the crackdown were from the navy.

The navy was restructured after 1988 and in recent years has significantly upgraded its capabilities through increased budgets, allowing it to expand with newly sourced vessels, weapons systems and equipment. Still, like the air force, it remains very much a lesser service compared with the army. Its officers are widely seen as less hardline politically and most have not served on the front lines against insurgents – both negative points to army officers who see frontline service as a badge of pride.

The navy also does not carry the same stigma of human-rights abuses and corruption as the army. Although there are recent reports compiled by exile-run human-rights groups of land confiscation and extortion by naval units, proportionally they are believed to have impacted on a far smaller portion of the population, largely confined to the coastal regions in Rakhine and Mon States and Tenasserim Division, than army-backed land grabs.

Nyan Tun’s appointment thus studiously avoids the possible image problems in the international eye that could be associated with an army officer. Analysts note that Nyan Tun does not have a reputation for corruption, nor does he have a record of human-rights abuses. As a member of a branch of the armed forces noted for its past support for political change, his appointment may signal a strengthening of the government’s reformist camp. Unlike his predecessor, Nyan Tun also has a measure of international exposure, mostly to neighboring countries and on naval business.

His relationship with the military, however, will be closely watched. Although he is believed to be loyal to armed forces commander Vice Senior General Min Aung Hlaing and close to Senior General Than Shwe, he does not have personal close ties to the army and significantly is not a former field commander.

As a navy serviceman, he does not have direct access to any particular strong clique within the army, from where most of the country’s political power still resides. There is already initial speculation about how willing he will be to safeguard the military’s – and especially the army’s – prerogatives. His handling of these issues will no doubt impact on the amount of respect and deference given to him by military leaders and their appointed representatives in parliament.

Nyan Tun’s appointment also raises speculation about how much residual control Than Shwe retains over the military and the country’s fast-evolving political process. Although Nyan Tun is believed to be close to the former junta strongman, Than Shwe likely could have pushed Myint Swe through despite the citizenship controversy of his son or championed the cause of one of the other more controversial, hardline army officers.

Instead, Than Shwe and other military leaders have seemingly opted for a compromise choice in Nyan Tun. It all points towards grudging, if not tentative, military support for Thein Sein’s widely lauded reform efforts.

Brian McCartan is a freelance journalist. He may be reached at bpmccartan1@gmail.com.

By Zin Linn Aug 16, 2012 11:42PM UTC

President of the Republic of the Union of Myanmar (Burma) Thein Sein received a Thai delegation led by Air Chief Marshal Sukumpol Suwanatat, Minister of Defence of Thailand, at the Presidential Palace in Naypyitaw Wednesday, The New Light of Myanmar said today.

Also present at the discussion together with President Thein Sein were Union Minister for Home Affairs Lt-Gen Ko Ko, Union Minister for Defence Lt-Gen Hla Min, Union Minister for Border Affairs and for Myanma Industrial Development Lt-Gen Thein Htay, Union Minister for Foreign Affairs Wunna Maung Lwin, Union Minister at the President Office Thein Nyunt and departmental heads while the Thailand delegation was accompanied by Ambassador of Thailand to Myanmar Mr Pisanu Suvanajata and Military Attaché Col Prachern Chaiyakit, the state-run media said.

The President warmly welcomed the delegation led by Air Chief Marshal Sukumpol Suwanatat, Minister of Defence of Thailand. He expressed his belief that the visit of the delegation would carry on the bilateral security and rule of law.

According to Thai Defence Minister, this visit was his first appearance to Nay-Pyi-Taw conveying the courtesy from Prime Minister of Thailand. He also promised strengthening of bilateral friendship through his visit. In addition, he suggested carrying out responsibilities for improvement of the villages on both sides of the Myanmar-Thailand border. Moreover, he also underlined to fight the illegal migration and drug issues together.

Thailand’s Defence Minister Air Chief Marshal Sukumpol Suwanatat has arranged a two-day visit to Myanmar (Burma), from Aug 15-16. He planned to officially introduce himself as the new Thai Defence Minister and to seek ways to help 92 Thai detainees in the neighboring country, Thai News Agency reported.

According to the Myanmar Times (dated July 30 – August 05, 2012) referring AFP, the fate of the detainees was discussed between Thai Prime Minister Yingluck Shinawatra and President U Thein Sein in Bangkok on July 23. Thai government spokeswoman Sansanee Nakpong said the Myanmar leader pledged to help those imprisoned, but because of drug and arms charges, assistance would have to wait until after the cases had been tried. State media detailed weapons seized, including nine assault rifles, but said no shots were fired during the raids.

President Thein Sein expressed his thanks for coordination and bilateral friendship of the Government of Thailand. He also expressed his visit to Thailand’s industrial-zones as the support behind the founding of two industrial-zones in Myanmar (Burma)

President Thein Sein met Thai Prime Minister Ms. Yingluck Shinawatra at the State Guesthouse in Bangkok, Thailand on 23 July, 2012. The Thai PM expressed her thanks for President Thein Sein’s visit to Thailand and also said that the 65th anniversary of the establishment of the diplomatic ties between the two countries would be celebrated in Thailand on a grand scale next year.

During his visit, Thein Sein expressed gratitude to the Thai PM and government for inviting him to Thailand, expressing his belief that the visit would further cement the existing bond and promote mutually beneficial cooperation. The President also stated that signing of MoU to set up ‘Dawei Special Economic Zone’ between the two countries would lead to closer bilateral economic cooperation. Besides, improved economic production and increased employment opportunities for the countries and peoples in Greater Mekong Sub-region. He also urged pushing ahead for urgent implementation of Dawei Special Economic Zone’ to create jobs for people living along the border regions to assure their socio-economic life.

Furthermore, Thein Sein told Thai Defence Minister that it is essential to achieve stability and growth to the border to accomplish the anti-narcotic tasks effectively. He also proposed a plan to create bilateral opium-substitute crop farms and projects on the border region when peace prevailed in the areas.

Subsequently, the Thai Defence Minister promised on behalf of his the government to make earnest efforts for anti-drugs campaign together with Myanmar government’s cooperation.

On the same day, Commander-in-Chief of Defence Services Vice-Senior General Min Aung Hlaing received Commander-in-Chief of Royal Thai Navy Admiral Surasak Rounroengrom at Zeyathiri Beikman in Naypyitaw, the state-run newspapers said. Commander-in-Chief of Royal Thai Navy Admiral Surasak Rounroengrom was accompanied by Rear-Admiral Patchara Pumpiched and Captain Kaorop Lamkom from Royal Thai Navy and officials.

On October 5 last year, at the invitation of President Thein Sein, a delegation led by Prime Minister of Thailand Ms. Yingluck Shinawatra visited Nay Pyi Taw. The president of Burma (Myanmar)held a meeting with visiting Thai Prime Minister Ms. Yingluck Shinawatra and party at President’s Office in Nay-Pyi-Taw.

According to the government-owned New Light of Myanmar newspaper, Thai PM Ms. Yingluck discussed cooperation matters between the two countries, border affairs, border trade and future tasks for Burmese/Myanmar migrant workers in Thailand. The construction of the Thingannyinaung to Kawkareik road was also discussed.

On that occasion, President Thein Sein discussed cooperation between the two countries in the smooth implementation of Irrawaddy-Chao Phraya-Mekong Economic Cooperation Strategy (ACMECS) among Burma (Myanmar), Thailand, Laos, Cambodia and Vietnam, and promotion of trade and investment between the two countries.

According President Thein Sein, Thailand was the second largest investor in Burma in terms of trade, investment and economic cooperation. Thailand had invested over 9 billion USD in Burma as of 30th April, 2012. As a result, Thailand’s investment is approximately 23.32 per cent of total foreign investment in Burma. The bilateral trade volume reached 4515.0 million USD in 2011-2012 fiscal year, 24.9 per cent up in comparison with last year, as a sign of increase in trade relations, he revealed.

By NYEIN NYEIN / THE IRRAWADDY| August 16, 2012 |

Shwe Mann, the speaker of Burma’s Lower House of Parliament, told MPs on Tuesday that they can begin impeachment proceedings against members of the Constitutional Tribunal next week if President Thein Sein fails to take action to overturn a controversial tribunal decision.

Last week, 301 Lower House MPs signed a petition calling on the tribunal to withdraw a judgment reached in March that declared it unconstitutional to designate “committees, commissions and bodies formed by each Hluttaw [Parliament]” as “Union-level organizations.”

The decision by the nine-member tribunal, which consists of judges selected by the president and the speakers of both houses of Parliament, is controversial because it was seen as undermining the role of MPs.

“The Constitutional Tribunal is now assuming a position above Parliament that harms its legislative powers,” said Ba Shein, a Lower House MP from the Rakhine Nationalities Development Party. “If they continue to exercise their influence in this way, what is left of the role of legislators?”

In April, 191 MPs appealed to the president to do something about the tribunal’s decision, but no action was taken, said Shwe Mann, who called on Tuesday for the tribunal members to resign voluntarily. If they don’t, he said, the MPs can move to impeach them on Aug. 22, after Thein Sein has had a chance to respond to calls to reverse the March ruling.

“If the president acts as requested, the impeachment will not proceed,” the speaker added.

The dispute began in February, when the attorney-general, acting on behalf of the president, asked the tribunal to decide on the status of committees and other bodies formed by Parliament.

The tribunal determined that these bodies could not be designated “Union-level organizations” because,

under Parts I and II of Section 97a of the Constitution, Union-level bodies can only be appointed by the president with the approval of the Union Parliament.

This was immediately criticized as an excessively narrow interpretation of the Constitution. According to Deputy Lower House Speaker Nanda Kyaw Swa, any committee formed by Parliament is a Union-level body under Section 140 and 160 of the Constitution.

Although the dispute has been left unresolved for the past five months, it has received very little public attention. It was only raised in the state media this week, when The New Light of Myanmar reported that Shwe Mann had sent a letter to the president regarding the MP’s concerns.

By LAWI WENG and KHIN OO THAR / THE IRRAWADDY| August 16, 2012 |

Local authorities in Arakan State have shortened curfews in townships affected by clashes between Arakanese Buddhists and Rohingya Muslims as the situation appears to be returning to normal, according to government officials and local residents.

In Maungdaw and Buthidaung townships, where the worst of the violence broke out in early June, the curfew has been reduced by one hour, while in other townships such as Minbya and Mrauk Oo, which were only recently put under curfew, the lockdown has been cut by five hours.

The restrictions were initially placed on six townships, including Maungdaw, Buthidaung and the state capital Sittwe, where residents were told to stay off the streets from 6 pm to 6 am. Curfews were later imposed on three other townships earlier this month after fresh clashes broke out in Kyauktaw Township.

According to Hla Thein, a spokesperson for the Arakan State government, the local authorities decided to relax the curfews because tensions in the area are easing. He added, however, that thousands of people displaced by the violence remain in need of assistance to rebuild their lives.

Local residents also said that while Sittwe’s university and schools in some townships have been reopened, few students are attending classes due to ongoing security concerns.

Arakanese farmers, especially in the predominantly Rohingya townships of Maungdaw and Buthidaung, are also too afraid to return to their fields, and most fishing activities have stopped since the violence broke out.

According to Kaung San, the director of the Wan Lark Foundation, a local humanitarian organization, donations have decreased in recent weeks, despite the need for continuing support for those who are unable to return to work.

Although the government has begun work on building homes to replace those that were destroyed by fire during the clashes, residents of Maungdaw, where 20 villages were burnt to the ground, say that so far only two villages in their township have been rebuilt.

“The government is building about 100 huts in the village of Mayawatty and they say they are going to build another 400,” said Venerable Manisara, the abbot of a Buddhist monastery in Maungdaw that he says is currently sheltering around 360 people.

Meanwhile, 89 people from 18 Hindu families returned to Sittwe yesterday, according to Kaung San, whose group, along with township police, helped the families to temporarily settle at a Hindu temple in the city.

According to official figures, the government has opened 89 camps to shelter 14,328 Arakanese and 30,740 Rohingyas who were displaced by the violence, which left dozens of people dead and many others seriously injured.

By SAW YAN NAING / THE IRRAWADDY| August 16, 2012 |

Amid apparent attempts to arrange peace talks, the Burmese military is preparing for a large scale offensive against Kachin rebels in northern Burma with large troop deployments at the frontline, according to local sources.

La Nan, a spokesperson for the Kachin Independence Organization (KIO), said that Burmese government troops keep arriving by land and boats along the Irrawaddy River with an estimated 30,000 soldiers from battalions under Light Infantry Divisions 44, 77, 88 and 99 currently on the ground.

The road from Bhamo City to the KIO’s headquarter in Laiza, on the Sino-Burmese border, is also being inundated with government forces to protect military supplies and food shipments, according to La Nan. Similar security deployments can also be found along the road between Waingmaw and Kampati townships in southeastern Kachin State.

Despite KIO leaders writing to government peace negotiators in July to arrange another round of talks in Ruili, in China’s Yunnan Province, there has been no official response from Burmese officials so far, said La Nan.

Instead, “[The government] is sending more troops and military supplies. They have tripled their troops to protect against attacks by KIA [Kachin Independence Army] soldiers,” said La Nan. The KIA is the military wing of the KIO.

He also expected government troops to use armored units if fighting intensifies with ammunition for artillery and rocket launchers being transported to the conflict zone.

“Kachin State is in a risky situation,” said La Nan. “We can’t avoid war if they intend to wipe out us. We will try to cut their military supplies. We will launch attacks against their security forces using any means.”

Meanwhile, parliamentary debates have reportedly taken place between government peace negotiators and military officials over ceasefires with ethnic armed groups.

Sources from Naypyidaw said that Railways Minister Aung Min, the government’s chief negotiator, proposed accelerating the peace process.

However, Gen Soe Win, the deputy commander-in-chief of the Burmese armed forces, joined other military officials in objecting to Aung Min’s proposal by citing the hefty casualties suffered while fighting the KIA. Soe Win is also part of President Thein Sein’s peace committee.

Burmese Vice-President Sai Mauk Kham, an ethnic Shan, reportedly said that he also wants internal conflicts to be resolved as all ethnic rebels and government troops are citizens of Burma. Last week, Sai Mauk Kham also said that ceasefire agreements do not guarantee lasting peace and are always breakable.

According to KIO sources, Aung Min has informally agreed to hold a political dialogue with rebel leaders but the exact location remains a sticking point. Peace talks have been held repeatedly since early this year but no tangible agreement has been reached so far.

The KIO signed a ceasefire agreement with the Burmese government in 1994, but this truce broke down in June last year leading to more than 60,000 Kachin civilians being displaced to temporary camps by the Sino-Burmese border

The government’s Myanmar National Human Rights Commission recently visited Kachin State to witness the situation on the ground firsthand. A report released this week said that both KIA and government troops committed human rights abuses and called for an end to the war in northern Burma.

The rights body also said that child soldiers were being recruited by the KIA, but did not mention similar allegations made by the Kachin rebels about the Burmese military.

Eight large American companies are lining up to enter the Burmese market, official media reported on Wednesday.

The companies include Caterpillar, Citibank, KraftFoods, GE Energy, Ford Motor Co, Bell Helicopter, Hewleft-Packard Corporation and Arrow Technologies Pte Ltd, said the New Light of Myanmar, a state-run newspaper.

A delegation of the American Chamber of Commerce, accompanied by US Ambassador to Singapore David Adelman and new US Ambassador to Burma Derek J. Mitchell, called on Burma’s Vice President Sai Mauk Kham in Naypyitaw on Tuesday to discuss investment opportunities.

Discussions were focused on business sectors including energy, electricity, transport, communications, health and production, the report said.

Following the US Treasury’s relaxation of some sanctions on on Burma in May to allow financial transactions to support certain humanitarian and development projects, the Obama Administration announced further easing of sanctions on July 11, allowing US companies to do business and invest in sectors including oil and gas.

Soon after Obama’s announcement, a US business mission including more than 70 senior US executives from 38 leading companies visited Burma.

One of the U.S. companies, General Electric, made the first US deal, involving the sale of advanced medical equipment to two private hospitals in Rangoon on July 14.

Indications seem to point to a great interest in Burma among US companies, in spite of a warning issued earlier this month by a top US State Department economic official, Robert Hormats, who told US investors that doing business in Burma will not be easy and there is not likely to be a “big gush of money” coming in from the US and foreign countries.

However, business delegations have continued to flood into Burma in recent months, including high-level executives representing companies from Japan, South Korea, Britain, France, Australia and European Union counries.

Speaking to the Washington International Trade Association, Hormats said Burma is rich in resources, but it has relatively few processing industries and is poor compared to its neighbors.

Hormats downplayed the possibility of big investments in the undeveloped market, at least in the near term.

“This notion that there’s going to be a rush of American capital coming in there – there probably won’t,” he said.

“Burma is a very complex place, and if you’re going to invest, you have to do a lot of due diligence,” he said.

Hormats visited Burma with a US business delegation earlier this month, which included leading US companies, some of which indicated they are ready to explore business opportunities in Burma.

Hormats said that Washington is prepared to lift additional sanctions on an “action for action” basis and noted that President Thein Sein has promised another wave of reform.

Denmark has provided over US$ 8 million aimed at improving health of mothers and young children in the poorest areas of Burma, official media reported on Wednesday.

Two agreements were signed by Denmark’s ambassador to Thailand, Myanmar and Cambodia, and Sanjay Mathur, the director and representative of the United Nations Office for Project Services (UNOPS), according to the state-run newspaper, New Light of Myanmar.

“Denmark contribution will enable farmers to cultivate larger areas and yield better harvests, resulting in increased income for many households and villages across the country,” officials were quoted as saying.

The donation will also provide funding for the 3 Millennium Development Fund (3MDG) Fund to offer health services to populations with the greatest need, focusing on improving the health of mothers and young children.

In January, the Danish government said it planned to double its assistance to Burma this year in recognitions of the progress made on democratization.

Total annual assistance will rise from 50 million to 100 million kroner ($8.5 million to $17 million).

The aid will include components to supplement the Global Fund program on HIV/AIDS, malaria and tuberculosis, in areas, which it is currently unable to support, as well as to assist the government in strengthening the health systems and capacity to deliver quality basic health.

Denmark along with the governments of Australia, the EC, the Netherlands, New Zealand and the United Kingdom are working together to increase food availability, income generation opportunities and food use for up to 2 million people, officials said.

“There is an urgent need to improve access to education and to educate the people of Myanmar for the future and to improve [the] livelihoods of every single citizen,” said a Danish official.

A large methamphetamine drug factory on the Sino-Burma border was busted by a joint Chinese and Burmese operation, seizing a large haul of drugs and capturing 11 suspects on Wednesday.

More than 347 kilograms of amphetamines, or ice, and 120 kg of tramadol, a narcotic pain reliever, were seized in the operation, authorities said.

Sources with the Chinese Ministry of Public Security said police from southwest China’s Yunnan Province and their Burmese counterparts busted the plant in Laogai based on an informant’s information.

After a two-month investigation, Chinese and Myanmar police captured the suspects in Laogai in a raid on the drug plant on July 9. A Chinese national living in China was also arrested in connection with the raid.

Laogai is the capital of Kokang (also known as Special Region 1) in the northern part of Shan State. It is situated on the Salween River, which forms Burma’s border with the People’s Republic of China, and is about 10 miles from Nansan, China. The Chinese language is widely used and the renminbi is in wide circulation.

According to the Chinese ministry, police on the Chinese mainland have cracked 11 drug-related cases in cooperation with Burmese authorities, in addition to police in Vietnam, the Philippines, Hong Kong and Taiwan since the beginning of 2012.

On Wednesday, Mizzima reported that Burmese authorities warned that the country’s amphetamine problem is “very dangerous” now, after seizing more than 1.4 million amphetamine pills and 116 kilos of heroin in July.

“It’s getting worse,” an official told Agency France Press recently. “Although the country has vowed to be drug free by 2014, it can only be opium free because of the problem of stimulant tablets.”

Official media on Wednesday reported 342 drug-related cases across the country in July, resulting in 473 suspects arrested.

Most of the stimulant tablets were seized in the eastern border areas, but the drugs are making their way to Rangoon, officials said.

Amphetamine production and poppy cultivation are one source of revenue for some armed rebel groups, say government officials.

Tomas Ojea Quintana has a very difficult job as United Nations (UN) Special Rapporteur on the Human Rights Situation in Burma. Since 2008, his job has been to monitor events in Burma without directly challenging the legitimacy of the government and constitution.

Politics, not international law, is the determining factor shaping his annual recommendations to the UN General Assembly. At the same time, as an independent expert, his credibility depends on making credible and feasible recommendations, based on his qualifications as a lawyer with human rights and international humanitarian law expertise.

Mr. Quintana has walked this tightrope between politics and international law with dedication, if not success. He has shown courage – given his UN limitations – in calling for a UN inquiry into the crimes of the military, which could possibly lead to the Security Council referring Burma to the International Criminal Court.

Quintana has been forthright in questioning the independence of the country’s judiciary that remains dominated by the same judges, including the Chief Justice of the Supreme Court Justice U Tun Tun Oo, who collaborated with the military and signed court orders imprisoning Aung San Sui Kyi and other political prisoners.

And, Quintana’s steadfast demand for the release of all political prisoners has been a much-needed global voice pressuring the Burmese government.

However, Mr. Quintana, while acknowledging the problematic constitution that grants the military complete power over its affairs, continues to espouse reforms that cannot be imposed on a military that is outside of civilian control.

Quintana has been trying to speak the “soft” truth about the military government, while never directly calling for the UN and all states to comply with their “hard” law obligations to take actions to end Burma’s grave breaches of the law of nations. The constitution itself is the root of these violations as it allows military impunity for war crimes and violates the UN Charter by putting the military outside the reach of the civilian government.

Now is a critical time in Burma, a time in which the fragile advances in openness and reform are soon – if they have not already – to hit the ceiling of military power. Mr. Quintana’s politically pragmatic approach is not workable and must change.

The military-drafted constitution, fully implemented on 31 January 2011, establishes a structure of government in Burma that is unlike that of any other country in the world. The military, under the Commander-in-Chief, is given formal legal status as an autonomous entity outside of the sovereign state of the “Republic of the Union of Myanmar,” which the constitution defines as being composed exclusively of the executive, judicial and legislative branches.

“Mr. Quintana’s politically pragmatic approach is not workable and must change.”

Under the constitution, Commander-in-Chief Min Aung Hlaing has sole control over military and police property, income, spending, corporations, courts, weapons and laws. Technically, under the constitution, the Commander-in-Chief could even refuse to allow President Thein to enter military property without his consent, much less enforce any laws against the military.

None of Mr. Quintana’s preliminary recommendations in his August 4, 2012 statement on Burma are credible steps towards real change given the 800 pound gorilla lurking in the background: the constitution. Consider the following:

• Mr. Quintana calls for parliamentary review of legislation and adoption of new laws as “central” to building a society based on the rule of law. But how can there be a rule of law with the military and police outside the reach of laws passed by parliament and the civilian courts? Who will enforce these new laws given Quintana’s own admission that there has been no progress in Burma towards an independent judiciary?

• Mr. Quintana calls for an independent investigation into the situation in the Arakan state, including the alleged use of excessive force by security and police forces. Yet, no government investigation, even if it were transparent and fair, could result in prosecuting or firing errant security forces unless the Commander-in-Chief consented.

•Mr. Quintana calls for the government and armed groups to “do more” to protect civilians and comply with international human rights and humanitarian law in Kachin state. This ignores the fact that the constitution, on its face, renders the government legally incapable of enforcing the Geneva and Genocide Conventions ratified by Burma against the military. The armed conflict in the Kachin state is governed by the Geneva Conventions –the laws of war -and when these are breached by any State, all other State parties to the Geneva Conventions have a legal duty to take “all possible measures”—even if they have a low likelihood of success—to seek to end the breaches. By failing to point out the duties of states to ensure accountability for crimes by the military against civilians in the Kachin state, Mr. Quintana undermines the integrity of the laws of war.

•Mr. Quintana’s sole call for accountability, after decades of heinous crimes of the military against the people of Burma, is to call for the Parliament to set up a “Truth Commission.” Burma is not South Africa, which set up such a Commission as part of a full transition process, one in which the constitution provided for control over the military. In South Africa, the Truth and Reconciliation Commission was designed to be compatible with criminal accountability standards, which Burma has not established. In fact, the constitution establishes a 25% parliamentary quota for the military, which ensures that such laws can be vetoed by that voting bloc.

No democracy has ever been built in a country without justice or accountability and with war criminals continuing to occupy top government offices including in the judiciary. No democracy has ever been built based on a constitution written by a criminal military to “legalize” their hold on power by guaranteeing the military both impunity from accountability for crimes and continued control over Burma’s natural resources and weapons development.

Mr. Quintana must make clear in his report to the UN this fall that whatever real reforms exist; Burma is not a “democracy in transition.” Nor can it be, until the constitution is revised by representatives who were fairly elected by the people of Burma. The constitution must ensure civilian control over the military and restore the legal competence of the civilian government to ensure Burma’s compliance with fundamental international law obligations, including those under the Geneva and Genocide Conventions and UN Charter.

Of course herein lies the problem: the military deliberately designed the constitution to make it nearly impossible to amend without military consent. The 25 percent military quota in the Parliament precludes the 7 percent vote needed to amend the constitution.

Clearly, the international community needs to do everything possible to help break this impasse.

What can be done? First, Mr. Quintana should make amending the constitution his main priority and focus attention on the constitution’s violations of international law. These violations implicate the integrity of the UN Charter and threaten global peace and security. A Burmese civilian government without power over the military is incapable of enforcing Chapter VII Security Council Resolutions critical to global security, such as those sanctioning trade with North Korea.

Mr. Quintana should recommend that the UN General Assembly refer to the International Court of Justice (ICJ) the question of the legality of the Burmese constitution under international law. Precedent exists for requesting an ICJ Advisory Opinion; most recently, the UN General Assembly referred the issue of whether the declaration of independence by Kosovo violated international law to the ICJ, which issued a decision within 18 months.

The ICJ is the premier world court adjudging the legality of states actions. ICJ judges are universally acknowledged as among the world’s most influential international law jurists. Therefore, although an ICJ opinion itself would not result in any invalidation of the constitution, the normative effect of such a decision could be a game changer.

All states, including Burma, should welcome such a referral as a step towards the rule of law in Burma.

The people of Burma have suffered military abuse and ethnic cleansing for more than fifty years. This generation of Burmese citizens is entitled under international law and moral imperatives to be able to enjoy human rights, live in a society governed by the rule of law and be part of a growing democracy. To do so, the embedded, criminal, and corrupt military power structures must be dismantled – starting with the constitution.

It is time for Mr. Quintana to step up to the plate and speak truth to power.

- Janet Benshoof is president and founder of the New York-based Global Justice Center.