Category: Human Rights

Draft Printers’ Law to reverse ‘media freedom’ in Myanmar

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AFTER a much-hyped “spring” of freedom, is democratization slipping back to “winter” in Myanmar?

Journalists and international groups on Monday expressed grave concerns and sharp criticism of a draft Printers and Publishing Enterprise Law (PPEL) that Myanmar’s Ministry of Information recently submitted to Parliament.

And for good reason, according to the Southeast Asian Press Alliance (SEAPA).

A network of independent media organizations in the region that includes the PCIJ, SEAPA said the PPEL bill “ensures government’s continued grip on the print media through licensing controls, which represent a renewal of the old 1962 Printers and Publications Act (PPA).” Moreover, SEAPA averred that the Ministry’s “lack of transparency surrounding the process” points to “a regime still unwilling to embrace media freedom in its fullest sense.”

SEAPA, in its analysis, wrote: “The bill is being introduced by the MOI for the ostensibly benign purpose of establishing rules for conducting such businesses. Apart from the PPEL, bills to regulate the broadcast and online media are also on the agenda of the government.”

The current situation will trigger three problems, however, SEAPA said.

“The first involves the secrecy surrounding the drafting of PPEL drafted by the ministry, which was submitted to Parliament to the surprise of the media community. The old law that was abolished in January this year had been one of the major challenges to the media community and the citizens’ right to know in the past.”

“Reintroducing the law under a pretext of reform will definitely not win the MOI more friends. And to do it without any consultation with the local media community and civil society groups shows the government’s intention of bulldozing back into the political agenda a law to control the media,” it added.

Secondly, “by pushing through this draft law, the MOI seems to be undercutting the Interim Press Council (IPC) it formed in September last year and which was tasked, among others, to work on a draft media law and develop the foundations for a media council.”

It seems like, SEAPA added, “the IPC is merely a diversion for the media community, while the MOI aimed at regulating the foundations of the media industry with continued control of registration of the print, online and broadcasting media.”

The IPC, the Myanmar Journalists Association, and the Myanmar Journalists Network have all issued strong statements rejecting the PPEL. “Clearly,” SEAPA said, “these groups should have been brought into the process and allowed to make their recommendations.”

Last but not least, SEAPA said a third problem that may arise relates to provisions in the draft law, “which will fundamentally contradict and negate the spirit of building a free media and the anticipated openings in the media landscape.”

The PPEL, it noted, “will override any further action to promote a free media by strictly regulating the establishment of private printing and media, and setting limits the contents they can publish.”

SEAPA stressed that “this is in blatant disregard of international and even ASEAN standards on the right to freedom of opinion and expression.”

“The intent behind the law to maintain a censorship regime is bolstered by recent revelation of a government body established to monitor the publications of local journals,” SEAPA cited,

On Jan. 23, 2013, Myanmar created the Central Supervisory Committee for Registration and Distribution of Printers and Publishers, with representatives of security agencies and regulatory bodies as members. It preempted the draft bill, SEAPA said, “by taking on monitoring functions not yet defined by law.”

The full text of the SEAPA analysis may be read here.

Myanmar parliament votes to investigate blogger

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THE HLUTTAW or Parliament of supposedly democratizing Myanmar recently voted to investigate a blogger for writing an article that allegedly “dishonored” the legislators.

The Southeast Asian Press Alliance (SEAPA), a network of independent media organizations in the region, in an alert report said that the lawmakers created a 17-member bicameral commission to identify and take action on the blogger.

The article focused on efforts by the lawmakers to “amend the Constitutional Tribunal Law, saying that such moves was intended to gain more control over the judiciary and was thus in breach of the 2008 Constitution,” SEAPA said.

The blogger who used the name Dr Sate Phwar wrote: “The very people who swore to safeguard the constitution are now violating it intentionally.”

Gayathry Venkiteswaran, SEAPA executive director, said the lawmakers’ move “sends a strong warning to the online community that government will not tolerate any criticism.”

The full text of the SEAPA report follows:

MYANMAR’s Hluttaw (Parliament) approved on 8 February a proposal to investigate a blogger for writing a critical article that “dishonored” the legislature.

A 17-member bicameral commission was formed to determine the identity and take action on a blogger who wrote under the pseudonym “Dr Sate Phwar”, who wrote a 17 January 2013 article entitled “Is the Hluttaw (Parliament) above the law?”.

The Hluttaw’s move stems from a 17 January proposal by lower house representative Dr Soe Yin of the military-backed Union Solidarity and Development Party (USDP) from Kamaryut Constituency accusing the writer of dishonoring the dignity of Parliament, its members and performance, which could mislead the public and the international community.

His motion was passed on the same day by a 347 to 157 vote in favor of the investigation, with 42 abstentions. A commission was formed to be headed by headed by U Mya Nyein, deputy speaker of the Pyidaungsu Hluttaw (Assembly of the Union, the bicameral parliament) and U Nanda Kyaw Swa, deputy speaker of the Pyithu Hluttaw (House of Representatives), and 15 other members from both houses. .

According to state-run Burmese language Kyaymon (The Mirror) newspaper, the Commission will investigate: whether the article defames the Parliament and its members; whether the facts contained can mislead the public; whether it violated the Electronic Transactions Law governing facsimile, email, internet, intranet and similar communication technologies; or whether Sate Phwar’s exercise of freedom of speech violates other laws related to national security, rule of law, peace and morality or if he was within his rights as a law abiding citizen.

The Commission is also given authority to give orders and consult with concerned government units to determine the identity of “Dr Sate Phwar”.

The article, which was published on Dr Sate Phwar’s blog Voice of Myanmar, criticizes recent attempts by the Parliament to amend the Constitutional Tribunal Law, saying that such moves was intended to gain more control over the judiciary and was thus in breach of the 2008 Constitution.

“The very people who swore to safeguard the constitution are now violating it intentionally,” Dr Sate Phwar wrote in the article.

He mocked the parliament by suggesting adding a new constitutional clause which says, “Any decision by the Parliament should be adopted no matter what the Constitution says.”

Later, an apology was posted on 20 January for the said article.

Some articles in the blog had been published by the Smart News Journal of the Ministry of Communications and Information Technology. However, the blogger’s identity is not widely known.

According to the Democratic Voice of Burma, the Parliament’s decision risks denting Burma’s progress on media freedom, noting that the decision comes within the same week that the government abolished a draconian law on public speeches, previously used to silence critics.

Members of local blogging community in Myanmar have said that the Parliament is “wasting its time” by focusing on such minor issues as this article.

They added that Dr Sate Phwar was acting within his right to freedom of expression, and should not be charged.

A prominent blogger, Nay Phone Latt, who also heads the Myanmar ICT for Development Organization (MIDO), further cautioned against the use of the Electronic Transactions Law, which continues to threaten the freedom of netizens in the country.

SEAPA executive director Gayathry Venkiteswaran expressed concern with the use of the power of the Parliament to go after someone who expressed his opinion online, saying the move “sends a strong warning to the online community that government will not tolerate any criticism.”

Men in black fire upon 4 cars of Thai TV station in Bangkok

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A SHOOTING ATTACK on four cars belonging to television station ASTV in Thailand that was carried out by unidentified people early morning of Jan. 26, 2013 has raised serious concern from the Reporters Without Borders (Reporters Sans Frontieres or RSF).

“Spraying a news organization’s vehicles with bullets is a serious act,” RSF, a press freedom organization based in France, said in a statement. “The attack is a reflection of the current hostile climate for journalists and those who work in news and information in the country.”

RSF said the investigation being carried out by the authorities “must be concluded quickly so that those behind the crime are held to account for their actions.”

“The authorities must also take action to stem the tide of violence and threats against the media and to protect the right to information,” it added.

According to RSF, the attack took place at the head office of ASTV at the Baan Chao Phraya building, on Phra Athit Road in Bangkok. It was only when ASTV journalists arrived at the site
the following morning that the attack was discovered. Four cars were riddled with bullets, believed to be from a .22 calibre gun, RSF reported.

After checking video surveillance footage, the police police said a man dressed in black was seen approaching the scene about 3:25 a.m. on Jan. 26.

General Kamronwit Thoopkrachang, chief of the Metropolitan Police Bureau, said the motive for the attack was not known, RSF said.

The ASTV group is close to the People’s Alliance for Democracy (PAD), which consists of opponents of the current government who are popularly known as the “yellow shirts”.

A few days earlier, RSF said soldiers held a demonstration outside the PAD’s headquarters to protest its criticism of the head of the armed forces, General Prayuth Chan-ocha.

RSF said Gen. Prayuth has denied that any soldiers were involved in the attack on ASTV.

De Lima speaks out for FOI; P-Noy, Cabinet, LP shut up

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HERE’S a story of guts — the lone voice in President Aquino’s Cabinet who has come out openly, strongly, clearly for the passage of the Freedom of Information bill.

Nearly all the rest of them, meanwhile, has chosen to shut up, pay lip-service or feign support the reform measure.

On Friday at an international conference of parliament members avowedly committed to fighting corruption, Justice Secretary Leila De Lima spoke: “The governance philosophy of President Benigno S. Aquino III of tuwid na daan or the “straight path” has harvested gains in our relentless anti-corruption campaign.”

Here’s more: “But it is noted that certain conditions have to be engendered in order for the right to information to be meaningfully practiced. One fundamental requirement is the passage of Freedom of Information laws.”

And more: “Notwithstanding the continued difficulties in making effective FOI legislations, I believe most, if not all the people in this room, agree with me that freedom of information is THE most effective modality to prevent corruption. It’s basic premise is that a well-informed citizenry can and will meaningfully participate in the governance of a country. Indeed, one of the aspirations of institutionalizing the Freedom of Information principle in our country is for our people to enjoy economic and social mobility as anticipated fruits of political maturity.”

De Lima spoke before the conference of the Global Organization of Parliamentarians Against Corruption (GOPAC) held at the Philippine International Convention Center in Manila.

The justice secretary who had served also as chairperson of the Commission on Human Rights, stressed that the citizen’s right to information is “recognized globally.”

“For instance,” she said, “the International Covenant on Civil and Political Rights (ICCPR) clearly recognizes the individual’s two-pronged right to seek AND to impart information.”

PH fails to combat human trafficking – UN

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By Edz dela Cruz

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Despite the formation of specialized anti-trafficking units, special teams of prosecutors and investigators, and the passage of an anti-trafficking law a decade ago, human trafficking continues to be “carried out with impunity” in the country, says Joy Ngozi Ezeilo,United Nations (UN) Special Rapporteur on trafficking in persons, especially in women and children

In fact, Ezeilo reports that despite all the resources and attention the government claims to have given to the problem, there have only been two convictions related to human trafficking in the country.

Ezeilo had visited the Philippines in November this year as part of her mission to investigate the problem of human trafficking and assess the efforts by governments to curb the problem.

After her visit here, Ezeilo observed that the Philippines has undoubtedly become a source country for human trafficking mainly due to poverty and a big demand for cheap and exploitative labor.The problem has grown to “alarming” proportions over the years, she observes.

Despite this, however, the Philippine government’s efforts to fight trafficking have been largely inadequate and the rate of prosecution of human traffickers low, Ezeilo says.

As UN Special Rapporteur, Ezeilo is tasked to respond effectively to reliable information on possible human rights violations, especially all forms and manifestations of trafficking. During her stay, Ezeilo gathered first-hand information on current legislative and institutional programs that tackle human trafficking in Manila, Cebu, and Zamboanga.

According to Ezeilo, despite the enactment of Republic Act No. 9208 or the Anti-Trafficking in Persons Act in 2003, government authorities still have low levels of awareness, knowledge, and skills in identifying cases of trafficking. This has resulted to uneven and layered implementation of the law at the regional and local levels. Ezeilo also noted the lack of standardized collection of statistical information that tracks the prevailing rate, forms, trends, and manifestation of human trafficking.

She however, acknowledged that the Anti-Trafficking Law has provided a forum for stakeholders to coordinate with government in monitoring human trafficking and created regional and provincial councils against trafficking.

The way Ezeilo sees it through, such efforts to prevent and combat trafficking will not be effective and sustainable so long as “the underlying social, economic, and political factors that create an environment conducive to trafficking” are addressed. Such factors include poverty, youth unemployment, gender inequality, discrimination, and gender-based violence.

At the end of her report, Ezeilo enumerates several interim recommendations that could help the government combat human trafficking.Among these are: providing training on human trafficking to state authorities and law enforcement officials; establishment of a specialized court to fast track trial of trafficking cases; in-depth research on human trafficking to develop tools and build systematic data collection; the launch of widespread campaigns to raise public awareness; and appointment of a rapporteur to coordinate all anti-trafficking initiatives.

Ezeilo, a Nigerian national, teaches at the University of Nigeria and specializes in Human Rights law. She assumed her functions as Special Rapporteur on trafficking in persons in August 2008.

A full report of Ngozi’s findings in this mission will be submitted to the United Nations Human Rights Council in June 2013.