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Model who posted steamy photos gets 6 years for ‘tarnishing Burmese culture’

Editor08 mins

A military court in Myanmar’s Yangon region has sentenced a former doctor-turned-model to six years in prison for posting provocative content online deemed “harmful to Burmese culture,” prompting condemnation from lawyers and rights groups who called the punishment “unjust.” The Military Court of Dagon Myothit (North) Township on Tuesday ordered Nang Mwe San to serve a six-year jail term for publishing “sexually explicit” photos and videos online in violation of Article 33 (a) of Myanmar’s Electronic Communications Act and tarnishing the country’s cultural image. The sentence marks the first time that someone has been prosecuted under the act, which was enacted during the 2011-2016 administration of former President Thein Sein. Nang Mwe San’s friend confirmed to Ij-Reportika Burmese that the military court in Dagon Myothit issued the sentence after what she said was a nearly month-long closed trial. “The sentence was six years imprisonment, handed down by the military court,” said the friend, speaking on condition of anonymity. “They said [the trial] was faster than usual because the northern part of Dagon is a martial law region.” Attempts by Ij-Reportika to contact Nang Mwe San’s family members by phone for more details about her case went unanswered Wednesday. The junta has yet to release any information about the court ruling. Nang Mwe San participated in street protests after the military takeover on Feb. 1, 2021, and, in March that year, posted comments to social media decrying the junta’s deadly crackdown on the unrest. Shortly thereafter, the junta announced that she would be arrested under Section 505 (a) of the Penal Code for defamation against the state and she went into hiding. Sources close to the doctor said that she eventually signed a bond with authorities whereby she was permitted to return to her home in Dagon Myothit (North). However, on Aug. 5, the military arrested Nang Mwe San, along with film actress Thinzar Wint Kyaw, for “distributing suggestive photos and videos on a foreign website for a fee.” Nang Mwe San’s friend told Ij-Reportika that because Thinzar Wint Kyaw is from Yangon’s Mayangone township, which is not a martial law zone, “her case will be decided by a civil court.” Sources close to the Mayangone Township Court said Thinzar Wint Kyaw stood trial on Sept. 14, although further details about the actress’s case were not immediately available.   Undated photo of Nang Mwe San who was sentenced to six years in prison for posting photos ‘deemed to harm the Myanmar culture’ by the junta’s military court on Sept. 27, 2022. Credit: Nang Mwe San’s Facebook    ‘Protecting’ Burmese culture A veteran lawyer, who did not want to be named for security reasons, called Tuesday’s ruling “unjust” and said it did nothing to promote Burmese culture. “This legal action is just an excuse and I’m sure there are other undisclosed reasons behind it,” he said. “And Myanmar’s culture will not benefit because of this action against [the two women]. Can [the junta] really stop this sort of thing? I don’t think it’s possible.” He added that Section 33 (a) of the Electronic Communications Act is too vague in its definition of what content can be considered “harmful” to the country’s culture. Zaw Ran, a human rights activist from the Yangon People’s Advocacy Network, told Ij-Reportika that instead of sentencing people to lengthy jail terms, first-time offenders who violate Section 33 (a) should be given a warning. “I wonder if these women, Nang Mwe San and Thinzar Wint Kyaw, understand the relevant laws,” he said. “People feel so sorry for them. If they didn’t know about the law, they should have been informed about it before they were punished.” Zaw Ran condemned the military court ruling for its lack of transparency and said Nang Mwe San was denied access to a proper legal defense. Saw Han Nway Oo, a writer, told Ij-Reportika that arresting and jailing women for such actions is a violation of their rights, noting that in nearly every country there are people who earn money the same way. “I think it’s unfair to hand down such a harsh sentence for exposing your body online for a fee,” she said. “There are so many people doing this nowadays, even if they say ours is a country where Buddhism and culture flourish and that this is not compatible with our culture. And I think using this Communications Law to jail them is just wrong.” She added that there are many models showing off their beauty for a living in Myanmar but those who support the military have not been arrested or prosecuted. Artists from the music, film and theatrical industries took to the streets to protest the military takeover in Myanmar, prompting the military to announce that hundreds of celebrities would be arrested and charged under Section 505 (a). Among them, actor Pyay Ti Oo, Eindra Kyaw Zin, Lu Min, pop singer Po Po and make-up artist Win Min Than were arrested. Some were later released while others were imprisoned by the military. Translated by Khin Maung Nyane. Written in English by Joshua Lipes.

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Eight Chinese remain missing from boat accident last week near Cambodia

Editor07 mins

Authorities are still unable to find eight of the 41 Chinese passengers who were aboard a small fishing boat when it sank last week off the Cambodian coast near the port of Sihanoukville, police told RFA Tuesday. Sihanoukville Police Chief Chuon Narin told RFA’s Khmer Service that officers are conducting an investigation with the help of the survivors of Thursday’s sinking. “It happened in Cambodian waters, so we are questioning [the survivors],” he said, refusing to provide additional details.  Three of the passengers lost their lives in the accident. Cambodian rescuers saved 21 others, and another nine were rescued by a fishing boat in Vietnamese waters, AFP reported. Sihanoukville has become a hotbed for human trafficking, with victims from across the region. According to AFP, the surviving passengers said they had been promised 10,000 to 20,000 yuan (U.S. $1,405 – $2,809) to work in Cambodia for 10 to 20 days. Police should be more transparent about the search and rescue operation, Cheap Sotheary, provincial coordinator for the Cambodian Human Rights and Development Association, told RFA. “I pity the victims. I haven’t received any information,” said Cheap Sotheary. “The Sihanoukville provincial administration hasn’t shared any information about the rescue or the victims’ reasons for coming to Cambodia.  “Were they cheated or did they come here for tourism?” she said.  Two of the survivors pulled from the water told AFP that they were coming to Cambodia for work and described their ordeal. “Because of the pandemic I was unemployed and stayed at home for the past year,” said Zhu Pingfan. “When I was in the sea, I felt hopeless. I twice thought about giving up, but after a second thought, I decided I should persist for a bit longer.” Huang Qian said she was not aware how far she’d have to travel for the work. “Our boss said he would introduce us to a better job, but we didn’t know it was that far,” she told AFP. “Four days after we got on the boat, the food ran out. After six or seven days, no water either. Around the 10th day, we got a bit more food and water and we changed boats. We had two bags of instant noodles and then no more food,” said Huang. When the boat went down, she survived by holding onto floating debris for hours.  “We sat on an ice bucket, floating. Later we saw a fishing boat, so we called for help and they threw a rope to us. I think I will never get on a boat again in the future,” Huang said. Chinese sinking survivors Huang Qian [left] and Zhu Pingfan, 41, lie on their beds at a hospital in Sihanoukville, southwestern Cambodia, Sept. 24, 2022. Photo: AFP Immigration raids Sihanoukville, a popular tourist hub and gambling center, attracts many foreign workers, some of whom are in the country illegally. On Sept. 22, the day the small fishing boat carrying the Chinese passengers went down, local authorities were wrapping up three days of raids in which they questioned around 900 foreign nationals. They found that many were in the country illegally or were involved in criminal activities including trafficking, a statement from the province said. In a raid of eight buildings, authorities investigated 500 foreigners from 10 nationalities, 300 of whom were found to be in Cambodia illegally. Many of the detained workers were involved in illegal gambling, human trafficking and prostitution, the investigation found. Five suspects were sent to the court on trafficking charges. In a separate set of raids, police investigated another 414 foreigners, 168 of whom were found to be in Cambodia without documents. They issued fines to 208 others, while 19 Chinese and Cambodians were detained on charges of illegal detention or kidnapping. U.S Ambassador Patrick Murphy, who was visiting Sihanoukville, expressed his concern Saturday in a tweet, saying he was “taking a moment to reflect on much human tragedy in this area. Unsafe boats, trafficking, scam centers, abandoned buildings, a casino glut. There’s a real need for broad action to address the storm clouds here.” Translated by Samean Yun. Written in English by Eugene Whong.

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Cambodia urges migrant workers in Thailand to join the ruling CPP

Editor07 mins

A Cambodian government delegation urged  migrant workers at a festival in Thailand to back Prime Minister Hun Sen’s ruling Cambodian People’s Party, an opposition activist told RFA. At a celebration for the Cambodian Pchum Ben ancestor remembrance festival on Sunday, CPP officials promised the migrants that the government would help them navigate the process for working legally in Thailand, Pong Socheat, a representative for the banned Cambodian National Rescue Party (CNRP), told RFA’s Khmer Service. “I met the workers, who told me that the Cambodian People’s Party elements came to persuade them to join the CPP.  They always promise to help process documents they need to work,” Pong Socheat said. “But the workers are not swayed by that because they do not like the way Hun Sen’s regime rules the country,” Pong Socheat said.  The CPP has been targeting the Cambodian diaspora for support in countries like the United States, Australia, Japan, South Korea and in neighboring Thailand, where, according to labor NGOs, approximately 2 million Cambodian migrant workers live, both legally and illegally. Cambodia’s Minister of Labor Ith Sam Heng led the delegation of officials and embassy staff as they met with around 4,000 Cambodian migrants at the festival event in Thailand’s Samute Prakan province near the capital Bangkok. Ith Sam Heng told the workers that the Cambodian government is looking after migrant workers, who remit more than U.S. $2 billion to their families in Cambodia each year. “For our brothers and sisters who work in Thailand I wish to re-emphasize that the government … will continue to pay close attention to you by taking an effort to keep your job and business opportunities for you through the strong cooperation with Thailand,” Ith Sam Heng said at the event.  He praised Hun Sen, who has effectively ruled Cambodia since 1985, for overseeing an era of peace, development and cooperation with the country’s neighbors “so that we can give opportunities for our brothers and sisters to work here. And he will continue to look after our brothers and sisters”      But Pong Socheat said that Ith Sam Heng made a mistake by bringing along State Secretary Heng Sour, who he said was infamous for threatening to kill overseas Cambodian workers who criticize the ruling party. “Even in Thailand, Hun Sen’s regime comes after us and threatens us. Even if we just meet among ourselves and discuss our desire for change, we are worried about our safety, because they threaten us, saying the Thai authorities will cooperate with them,” Pong Socheat said. Many Cambodian migrants have been critical of their government for failing to protect their rights and interests.  The Khmer community in Thailand does not believe that government officials back home are trying to help make their lives easier, Chhorn Sokheoun, a representative of the migrant workers, told RFA. For this reason, the CPP will not be able to persuade many migrants to join the party, he said. “The workers attended the Pchum Ben festival in Samute Prakan province because it is our Khmer tradition. But only a very small number would be brainwashed by the CPP’s political ideology,” Chhorn Sokheoun said.  “The majority of workers did not attend the gathering because they clearly understand that working in Thailand is difficult. As for the passports and other necessary document issues, the government has not been helpful. It has always ignored the workers’ problems,” he said. Thuch Thy, who is from Cambodia’s western Battambang province but now works illegally in Thailand, said the cost of living in her new home is immense. A permit to work legally costs more than 17,000 baht (about $450), she said. But Thuch Thy said she has no choice but to work in Thailand because her family has debts in Cambodia and the wages offered there are too low. She said Cambodian migrants in Thailand face many problems, including labor rights abuses from their employers, but rarely receive support from Cambodian officials.   “I have been working in Thailand for 15 years. I have never seen any [Cambodian] authorities come to provide any emotional or financial support. I have suffered from poverty and survived floods and heavy rains, but I have never seen any aid donations from my government. If Cambodia had job opportunities like in Thailand, I wouldn’t have left my village,” said Thuch Thy.   Translated by Sok Ry Sum. Written in English by Eugene Whong.

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Japanese art platform hits back at Chinese pirates with banned political keywords

Editor05 mins

A Japanese art and manga website that was cloned by Chinese pirates has hit back by encoding forbidden keywords and hashtags banned by Chinese censors into its code, prompting the authorities to shut the pirated version down. Pixiv, which describes itself as “an online community for artists,” is headquartered in Tokyo, and offers a showcase for artists’ works, as well as a rating system with feedback and user comments. It has been phenomenally successful, garnering more than 3.7 billion page views a month. Then, the entire site was cloned by Chinese pirates, who copied the site’s content almost verbatim, translating tags and titles into simplified Chinese, and offering the pirated site vpixiv to users in mainland China. Pixiv fought back, however, with some of the site’s users adding “sensitive” keywords to their artworks, including “Tiananmen massacre,” which alerted the ruling Chinese Communist Party (CCP)’s massive, government-backed censorship system. Other sensitive and forbidden keywords included “Free Hong Kong,” “Independence for Taiwan,” and “June 4, Tiananmen Square,” all of which are heavily censored terms behind China’s Great Firewall. Germany-based university lecturer Zhu Rui said the move had deliberately and ingeniously manipulated government censors in China. “The Japanese artists being pirated on Pixiv were forced to take this action as a last resort to defend their rights,” Zhu told RFA. “The pirated website was then shut down by the iron fist of the CCP, which was great to see.” The Chinese pirate site vpixiv was shut down by authorities after illustrators used banned words. Credit: Screenshot of vpixiv website Piracy and plagiarism Zhu said Chinese pirates have a long history of cloning platforms invented elsewhere. “Some [people] plagiarize other people’s creations or steal technology overseas, and then put their name on it back in China, and make a lot of money when it gets famous,” Zhu said. “The vast majority of Chinese Internet users love it.” One comment on a Chinese social media platform joked about Pixiv’s move, saying “insulting China has become the best defense against theft,” while another bemoaned the effect on the country’s overseas image: “Counterfeit China is adding to our international humiliation,” the user wrote. France-based cultural commentator Wang Longmeng blamed authoritarian rule by the CCP for stifling innovation. “This sort of surveillance leads to a lack of freedom and creativity, so China, which has lost the ability to innovate, has become the champion of intellectual property theft,” Wang said. “China’s reputation as a copycat nation is well-deserved.” “Everything, it seems, is stolen, from high-tech to art … I just never expected the magic weapon that would defeat them would be their own sensitive keywords,” he said. “It’s another real-world example of how they shoot themselves in the foot.” Pixiv isn’t the first platform to use this method. Taiwanese YouTubers have been known to add keywords like #WinnieThePooh to their videos to prevent them from being reposted without permission to video-sharing sites in China like Bilibili. All mention of Winnie the Pooh has been banned from China’s tightly controlled internet after users made memes and jokes on social media suggesting that the fictional bear resembled CCP leader Xi Jinping. Translated and edited by Luisetta Mudie.

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Drones level playing field for Myanmar’s armed opposition against powerful military

Editor08 mins

Nearly 20 months after the military coup in Myanmar, amid a rapidly intensifying conflict, People’s Defense Force (PDF) paramilitary groups are turning to drone technology to level the playing field as they engage with better equipped junta troops. When the PDF formed in the months following the Feb. 1, 2021 military takeover, it’s members were forced to fight Southeast Asia’s second largest army using only slingshots and the same crude flintlock “Tumee” rifles their forefathers used to fight off British colonizers in the 1880s. As the network grew, the groups began to use homemade landmines to target their enemy’s convoys. The latest addition to the PDF arsenal are civilian drones, refitted to drop explosives on junta troops. PDF sources told RFA Burmese that the drones are safe, accurate, and require little manpower to operate during clashes. Boh Lin Yaung, leader of the Khin-U Support Organization (KSO) in Sagaing region’s Khin-U township, said his group took civilian drones used for shooting video and upgraded them to drop bombs on specific locations. “Drones have lots of advantages, so we started buying them,” he said. “Right now, we are working with small drones used for photography, and therefore can only carry small payloads – around half a viss (24 ounces). The main reason we use them is because it’s the safest way for us to engage the enemy.” Boh Lin Yaung said his group had previously sought to obtain automatic rifles, but decided to use drones instead because of how effective they are for such a low cost point against the junta’s advantages in modern military equipment, training, and supplies. Members of Sagaing Region PDFs also reported success using drones, although they acknowledged that they are susceptible to being shot out of the sky. They noted that the junta has been using reconnaissance drones to determine their locations and engage them with heavy weapons and airstrikes. At left, a bomb [blue] begins to fall towards a target. At right, a bomb hits a Myanmar army trench. Credit: Yangon Revolution Force ‘Our drones dominate the skies’ In Kayin state, where the intensity of fighting rivals that in Sagaing, PDFs are using large-scale drones with six propellers that can carry heavier loads. Myo Thura Ko, the information officer of the Cobra Regiment, said PDFs have been using combat and patrol drones in Kayin since December 2021. “The enemy can be easily defeated because the drones unnerve them … They get scared when they hear the sound of the drones flying,” he said. “They carry out a lot of airstrikes, but their planes just drop bombs and leave. For the rest of the time, our drones dominate the skies. Our drones also have the ability to scout at night, so they have become a nightmare for the enemy troops.” Myo Thura Ko said a drone can be equipped with up to five bombs and patrol in dangerous areas using less manpower. PDFs said the junta has recently begun deploying radio frequency jammers to prevent drones from flying near their camps. Attempts by RFA to contact junta Deputy Information Minister Major General Zaw Min Tun about the military response to PDF drones went unanswered. However, at a Sept. 20 press conference in the capital Naypyidaw, he told reporters that anti-drone guns have been installed in strategic locations to protect against attack. Thein Tun Oo, executive director of the Thayningha Strategy Studies Group, a group of former military officers, said PDFs are limited in their ability to attack using civilian drones because of their need for technical support. “The drones used for spraying chemicals in agriculture called ‘Hexacopters’ have six propellers. They can carry a larger payload and are now being used to drop bombs from the air. But if we look at it from a technical standpoint, the triggering mechanism isn’t simple to operate,” he said. “In order to overcome this problem, they require support. So this is not a normal development. It’s not something they can do themselves. It’s obvious that someone else is providing the technical know-how.” Members of Federal Wings prepare two munitions for a drone attack. Credit: Federal Wings Shadow govt drone unit The Ministry of Communications, Information and Technology (MOCIT) under Myanmar’s shadow National Unity Government (NUG) recently formed a “Federal Wings” drone unit manned by tech-savvy youth. The Federal Wings’ social media page claims that the unit has already participated in operations on the battlefield using drones. The NUG Ministry of Defense also said it is seeking funding to consolidate PDF drone attack forces into an armed force. Min Zaw Oo, executive director of the Myanmar Institute for Peace and Security, said he expects both sides to increasingly add drones to their arsenals. “Using drones not only for scouting, but also to deploy weapons, is a development that has come about mostly since the coup,” he said. “Drones are a widely available technology that can be used by both sides. The role of drones is of growing importance to modern warfare.” Translated by Khin Maung Nyane. Written in English by Joshua Lipes.

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China, Uyghurs battle for support at UN over Xinjiang rights report

Editor08 mins

China has vowed to “fight” any United Nations action on human rights abuses against Uyghurs in Xinjiang cited in a damning report by the U.N. human rights chief, while Uyghurs are pressing the world body to move forward with investigations and other concrete follow-up measures. The report issued on Aug. 30 by U.N. High Commissioner of Human Rights Michelle Bachelet concluded that China’s arbitrary detention and repression of Uyghurs and other Turkic minorities in Xinjiang “may constitute international crimes, in particular crimes against humanity.” Uyghurs and their supporters want the U.S. and other Western countries to follow up with a U.N. Human Rights Council resolution condemning the alleged violations, an investigation, and a special envoy on Xinjiang. China, which rejected the Bachelet report as “based on the disinformation and lies fabricated by anti-China forces,” sent a large delegation to the rights council in Geneva this week to condemn the report and present its rebuttal. “The assessment is based on a presumption of guilt, includes mostly disinformation and lies,” Xu Guixiang, head of the Xinjiang government’s information office, told reporters in Geneva Thursday. “If some forces in the international community – or even anti-China forces – make so-called ‘Xinjiang-related motions’ or so-called ‘resolutions’, we won’t be afraid,” Xu said. “We will take countermeasures resolutely and fight.” Bachelet’s report puts a U.N. imprimatur on many findings in investigative reports issued by rights groups, researchers, foreign media and think tanks in the five years since Chinese authorities began detaining up to 1.8 million Uyghurs and other Turkic minorities in internment camps in Xinjiang, The predominantly Muslim groups have also been subjected to torture, forced sterilizations and forced labor, as well as the eradication of their linguistic, cultural and religious traditions, in what the United States and several Western parliaments have called genocide and crimes against humanity. Beijing has angrily rejected all charges, insisting it is running vocational training facilities in the region to counter extremism. The Chinese delegation in Geneva this week included large numbers of officials who challenged the reports and a group of Uyghurs who claimed to support Chinese policies. “The Chinese mission held a side event at the U.N. yesterday featuring five Uyghurs to promote its propaganda that Uyghurs are free and happy in China,” said Zumretay Arkin, program and advocacy manager at the World Uyghur Congress “Some diplomats from Cuba, Venezuela and Zimbabwe came to support China while some Western diplomats came to hear what China had to say,” said Arkin, who is campaigning for the U.S.-led democracies to introduce a resolution condemning China’s genocide against Uyghurs. Addlet Sabit comforts her daughter as she displays pictures of her father, Ablimit Ablaze whom she has never met, during a hunger strike in front of the White House in Washington, D.C., Sept. 21, 2022. Credit: Gemunu Amarasinghe/RFA ‘Put our words into action’ Group of 7 Foreign Ministers met on the sidelines of the U.N. General Assembly and welcomed the report, pledging to “address these issues with partners, civil society and the international community.” The G7 ministers “remained deeply concerned by the serious human rights violations in Xinjiang and took note of the overall assessment of the report that some of these violations may constitute ‘international crimes’ in particular crimes against humanity,’” said a statement by German Foreign Minister Annalena Baerbock, chair of the meeting. The G7 statement Thursday came after U.S. President Joe Biden and German Chancellor Olaf Sholtz raised rights violations in Xinjiang in their speeches to the U.N. General Assembly. In Washington this week, the Uyghur American Association has been staging a hunger strike in front of the White House by leaders of the advocacy group and by three internment camp survivors to demand U.S.-led steps to translate the U.N. report into concrete action. Chris Smith, co-chair of the Bipartisan Congressional Uyghur Caucus, who visited the hunger strikers outside the White House on Wednesday, introduced a bill calling on the Biden Administration to direct the U.S. mission team in Geneva to sponsor a resolution that would establish a UN commission to investigate the issues raised in the Bachelet report. “The UN’s recent report demonstrates that Communist China is guilty of serious human rights violations that at a minimum constitute crimes against humanity in the eyes of the world community,” said Smith, “We must speak out forcefully on these atrocities and put our words into action at the United Nations,” she added. Kellie Currie, former U.S. Ambassador-at-Large for Global Women’s Issues, called on Biden to “not only introduce a resolution in the Human Rights Council, but you personally need to make sure that it passes by doing everything you can, reaching out to other countries, using political capital and influence that you have with other countries that are on the Human Rights Council to make sure that it passes.” Reporting and translation by Alim Seytoff. Written by Paul Eckert.

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Junta threatens prison, execution for supporting Myanmar opposition

Editor08 mins

Anyone in Myanmar found to have provided as little as one kyat in financial support to anti-junta groups or engaged with anti-junta content on social media now faces anywhere from two years in prison to execution, according to a spokesman for the military regime. Deputy Minister of Information Major General Zaw Min Tun told reporters at a press conference in the capital Naypyidaw on Tuesday that donating to or supporting Myanmar’s shadow National Unity Government (NUG), ousted lawmakers of the Committee Representing Pyidaungsu Hluttaw (CRPH), or the anti-junta People’s Defense Force (PDF) paramilitary group is punishable under Myanmar’s anti-terrorism law. Purchasing treasury bonds or lottery tickets for the groups is also subject to punishment, he said, adding that “donating just a single kyat” – approximately one-five-hundredth of a U.S. cent – could earn the offender a minimum of a decade behind bars. “Whether you ‘like’ or ‘share’ [an anti-junta social media post], you are violating Section 124 (b) of the Penal Code [for incitement to destroy the state]. You can be sentenced anywhere from three years to 10 years in prison and you can also be charged a fine,” Zaw Min Tun said. “The reason you are subject to a 10-year prison sentence or a death sentence for donating just one kyat is because it is in violation of [the Anti-Terrorism Act]. You need to understand that. Even if you don’t understand the law, the law will not forgive you.” In addition to violating Myanmar’s anti-terrorism law and inciting the public against the state, Zaw Min Tun also said such actions are in breach of the country’s Electronic Communications Law. A conviction under the charges is punishable by a minimum sentence of two years in prison and a maximum sentence of death. A resident of the commercial capital Yangon, who declined to be named for security reasons, told RFA Burmese that the junta is trying to deter support for the opposition through threats. “These tyrants will do anything in their power to stop people from supporting the opposition, but the people will do whatever they can to support them,” she said. “The more they make life difficult for us, the closer we will be to victory [against the regime]. It might be a bit challenging now [to support the opposition], but we will make sure that we can help them.” A veteran high court lawyer told RFA on condition of anonymity that while providing support to anti-junta movements can be subject to prosecution, Myanmar’s law says nothing about jailing people for simply liking posts on social media. “Giving ‘Likes’ [online] is our right. It’s already mentioned in the provisions of civil rights and the basic rights of citizens under the [military-drafted] 2008 Constitution,” he said. “Based on what [Zaw Min Tun] said, action can be taken against someone for the content of their comment or even the way the text is written.” ‘Facing a crisis’ A spokesman from the Dawei Ashaytaw PDF group in Tanintharyi region said the junta is threatening people with legal provisions because its leadership is afraid that the wider public will take up arms to challenge its rule. “We have witnessed the rising number of deaths of military soldiers in Sagaing and Magwe regions,” he said. “We believe that there is a lack of unity within the army. And so, they are making threats to raise morale within the army as well as a deterrent to the people.” The spokesman warned that such threats could lead to a drop in domestic contributions to the armed opposition. Political analyst Than Soe Naing called the junta’s statements “illegal and excessive.” “They are talking too much about the law. But as usual, the law is whatever they say it is,” he said. “So if those laws are used as the basis for action, we must say that democracy in Myanmar has completely fallen into darkness.” Kyaw Zaw, spokesman for the office of NUG President Duwa Lashi La, told RFA that the junta is becoming increasingly desperate in its actions. “All they can do now is threaten and terrorize the public. And that is what they are doing,” he said. “Saying that people will be arrested and charged for donating a single kyat … is because they are facing a crisis. They are afraid because they are in their last hour. They know they are going to lose and they know what is coming.” According to Thai NGO Assistance Association for Political Prisoners (Burma), junta authorities have arrested nearly 15,600 civilians since the military seized power in a Feb. 1, 2021 coup, nearly 12,500 of whom have been sentenced or remain in detention. The group says authorities have killed more than 2,300 civilians over the last 20 months, mostly during peaceful anti-junta protests. Translated by Khin Maung Nyane. Written in English by Joshua Lipes.

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Dud stock trade by senator’s daughter exposes Cambodian tax loophole

Editor022 mins

A Cambodian senator’s daughter gambled U.S. $8 million on the purchase of shares in an American medical technology company through a Singaporean broker – a transaction conveniently completed before the adoption of a double taxation treaty between Cambodia and Singapore – regulatory filings reviewed by RFA show. Had the investment worked out as planned, Lau Sok Huy expected returns in the realm of $50-60 million, and could have avoided up to $12 million in Cambodian taxes. But the investment flopped. Seven years after she became the second-largest shareholder in Tomi Environmental Solutions Inc, Sok Huy is down some $6.3 million and furious, according to the company’s founder and a fellow shareholder familiar with the deal who spoke with RFA. The investment – equivalent to more than 3,000 years of the average Cambodian salary – is one Sok Huy will likely have to write off as a loss. Tomi’s share price has dipped so low that it currently risks losing its listing on the Nasdaq Capital Market. But the structure and sequencing of the deal sheds a light on how well-to-do Cambodians stand to benefit from the double taxation agreement. Such agreements are viewed by advocates as a boon to trade and investment between nations, but they can also offer a way for wealthy investors to avoid taxes. Regulatory disclosures filed during Sok Huy’s acquisition of the Tomi shares strongly suggest the deal – in which she loaned the money to her broker who had purchased the shares, and then took the shares as repayment for the loan – was tailored to benefit from the double taxation agreement. The loan behind the deal was signed in January 2016, but was amended in May of the same year, just three days after the tax treaty was signed. Sok Huy’s politically connected background raises questions about whether it was appropriate for her to benefit from the agreement. Her father, Lau Ming Kan, is a longtime senator for the ruling Cambodian People’s Party, which has governed the country in one form or another for three decades. One of the final steps in any treaty becoming law in Cambodia – including the double-taxation agreement with Singapore – is ratification by the Senate where he sits. Sok Huy’s parents are also no strangers to investing in Singapore, a regional financial hub viewed by some as a tax haven. Her mother Choeung Sopheap, a confidante of Cambodian Prime Minister Hun Sen, holds $36.5 million in shares in a Singapore-based company that owns a Cambodian corporation with an exclusive license to import liquid natural gas to Cambodia. Those assets are among the more than $230 million in assets that RFA has identified as being held in Singapore by politically connected Cambodians. The DTA Double-taxation agreements, often referred to by the acronym DTAs, are designed to ensure that companies or individuals do not get taxed on the same profits twice when doing business overseas. When two countries sign a DTA, the hope is that it will promote trade and investment between both nations. This particular treaty appears to have paid off. By the end of last year, Singapore was Cambodia’s second-largest source of foreign investment, having barely figured in the rankings half a decade earlier. A business consultant with more than a decade’s experience in Phnom Penh told RFA they viewed the agreement as a net positive for Cambodia. “A DTA can help eliminate double taxation, and for investors coming into Cambodia, that’s fairly important. So, in that sense, they’re fairly useful, and also very widespread and standard around the world,” the consultant said, requesting anonymity due to the potential professional repercussions for speaking publicly on a sensitive topic. “Can the wealthy take advantage of them to reduce their tax bill as well? Absolutely,” the consultant added. “But they already have other means of doing so. So, of all the ‘sins’ here [in Cambodia], I wouldn’t see that as being a meaningful one.” That’s not an analysis everyone would agree with. In late 2016, the World Bank published a blog by two of its senior employees – Jim Brumby and Michael Keen – that asked whether tax treaties like DTAs are a “boost or bane for development” in lower-income countries, such as Cambodia. They were not convinced. “Developing countries have used them with the intention of boosting economic development. The evidence for that is weak,” Brumby and Keen wrote. “The problem is that tax treaties – and the international system of taxation more generally – are highly complex and have unleashed unforeseen consequences.” “Multinational companies, with much at stake, can use treaties to route income through third countries to exploit favorable tax treaties. Tax authorities, particularly in developing countries, are finding it hard to counter such ‘treaty shopping,’” Brumby and Keen added. Despite having assets and businesses in multiple countries, Sok Huy does not fit the traditional definition of a multinational company. But her family often behaves like one, as do many other powerful clans in Cambodia – negotiating sweetheart deals with the government that are unavailable to smaller businesses with less political clout and cash in the bank. If the Lau family’s lawyers and accountants have clocked on to the Singapore loophole, it seems likely the financial professionals advising Phnom Penh’s other leading families will have too. So how does it work? People pass by the Nasdaq Market Site in Times Square in New York City, U.S., Feb. 7, 2018. Credit: Reuters/Brendan McDermid The deal Between May and July 2015, Singaporean broker Boh Soon Lim snapped up $8 million of Tomi shares, then accounting for roughly 11% of the company, according to regulatory filings lodged with the Securities and Exchange Commission, the U.S. stock market regulator. He bought the shares in the name of Arise Asset Management Pte Ltd, a Singapore-registered company in which he is majority owner. In the SEC filings he described the money for the purchase as coming from Arise Asset Management’s working capital. The term refers to the total cash available to the firm…

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Targeted sanctions on arms sales key to ending violence in Myanmar: observers

Editor08 mins

Myanmar’s junta is using weapons purchased from abroad to commit “war crimes” against its people and must be targeted with new sanctions to end violence in the country, former military officers and political observers said Monday. On Friday, the United Nations human rights office in Geneva said in a report that countries should do more to prevent money and arms from reaching the junta, which rules through terror and repression. The office called for further isolation of the military regime, which it said had failed to govern effectively, suggesting U.N. members impose bans on arms sales and more narrowly defined sanctions to prevent its business network from gaining access to foreign currency. While the U.S., Britain, Canada and the EU have imposed sanctions on Myanmar since the military seized power in a February 2021 coup, several countries have continued to supply the junta with arms — most notably Russia, China and Serbia.  Speaking to RFA Burmese on Monday, former army Capt. Lin Htet Aung, who is now a member of the anti-junta Civil Disobedience Movement (CDM), said sanctions are key to cutting the junta off from the modern weapons and raw materials it needs to maintain its hold on power. “The military’s domestic production capacity cannot provide all the weapons it needs for the army,” he said. “Missiles and heavy weapons and their accessories, as well as ammunition used by its armed forces, are all imported from abroad. All these things, as well as raw materials, have to be purchased from foreign nations.” The CDM captain said the military will continue to commit human rights violations, including bombing attacks on towns and villages, if the international community fails to level effective sanctions. On June 18 last year, the U.N. General Assembly approved a proposal to ban arms exports to the Myanmar military. One hundred and nineteen countries voted in favor of the resolution, while 36 countries — including China, India and Russia — abstained. Russian ally Belarus voted against it. Myanmar junta chief Senior Gen. Min Aung Hlaing and his team inspect weapons and equipment at the Higher Military Command School in Novosibirsk, Russia, July 16, 2022. Credit: Myanmar military Ineffective sanctions Observers told RFA that the junta continues to obtain military equipment and technology via large domestic and international arms brokering companies. Hla Kyaw Zo, a Myanmar political analyst based in China, said sanctioning these companies would have a significant effect on ending the junta’s domination. “Western countries consider their own interests and big arms companies are more or less connected with the Western world, so this issue is difficult to discuss,” he said. “If the West blocks [these sales] effectively, it’ll be good, but I don’t think they will press on the issue.” According to a list compiled by NGO Justice For Myanmar, there are more than 150 companies selling arms to Myanmar’s military, 135 of which are based in Myanmar, Russia and Singapore. Yadana Maung, the group’s spokeswoman, told RFA that many companies have been able to evade Western sanctions, meaning financial and military support continues to flow to the junta. Thein Tun Oo, executive director of the Thayningha Strategic Studies Institute, which is made up of former military officers, said using human rights to justify sanctions against Myanmar is “weakening the defense of the country.” “All we have heard so far is the noise they’re making about human rights,” he said. “In reality, what we understand is that they are using that premise to allow those who are pulling the strings to obtain more power.” He said the junta will continue to purchase arms from its allies despite attempts to block them. Propping up a brutal regime In February, former U.S. Rep. Tom Andrews, who serves as U.N. special rapporteur on human rights in Myanmar, said in a report to the U.N. Security Council that countries should stop selling arms to the junta, citing a brutal crackdown on civilians since the coup. The report called out permanent Security Council members China and Russia, as well as India, Belarus, Ukraine, Israel, Serbia, Pakistan and South Korea, for selling the weapons, which Andrews said are almost certainly being used by the military to kill innocent people. However, analysts say it is unlikely that the sale of arms to the junta can be cut off completely as Russia and China, which are its main suppliers, wield veto power at the Security Council. In the meantime, junta chief Senior Gen. Min Aung Hlaing has visited Russia three times in the 19 months since the coup. During his last trip, earlier this month, he signed an agreement with Russian government officials to build a nuclear reactor factory in Myanmar. Translated by Khin Maung Nyane. Written in English by Joshua Lipes.

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Investigative Journalism Reportika © March 2022 by Ij-Reportika is licensed under CC BY 4.0