Business and the Military
Individual Documents
Description:
"Kirin Holdings has announced a share buyback with their joint ventures, Myanmar Brewery and the smaller Mandalay Brewery, which will see the company exit Myanmar and place their business partner, Myanma Economic Holdings Limited (MEHL), in control.
The deal will ensure the continued operations of the business, providing ongoing revenue for the Myanmar military through MEHL.
Kirin holds 51% of Myanmar Brewery, to MEHL’s 49%.
According to Kirin’s statement, the share transfer price is approximately 22.4 billion JPY (324 billion MMK or 163.9 million USD).
In November 2020, Kirin suspended dividend payments to MEHL. The company has not disclosed what will happen to the accrued dividends and the company’s bank balance when it exits Myanmar.
Civil society in Myanmar, Japan and across the world have called on Kirin to responsibly end their business with MEHL. Since the military’s illegal coup attempt, a mass boycott of Myanmar Beer has had a major impact on the company’s profits.
Justice For Myanmar spokesperson Yadanar Maung says: "Kirin’s decision to hand over control of Myanmar Brewery and Mandalay Brewery to military conglomerate Myanma Economic Holdings Limited is a windfall for the Myanmar military and will ensure a continued stream of revenue to finance atrocity crimes.
"Kirin appears to be excusing this irresponsible exit by claiming it is in the best interests of workers.
"The responsible move is to deny funds to the terrorist Myanmar military and remedy negative impacts to workers through compensation.
"Instead, Kirin has chosen to prioritise their bottom line over their human rights responsibilities and the lives of the people of Myanmar, who are subjected to daily arrest, murder, torture, the burning of homes and villages, indiscriminate airstrikes and shelling by the Myanmar military.
“Kirin’s irresponsible exit comes as Myanmar is in crisis, as the junta wages a campaign of terror against the Myanmar people, aided and abetted by Kirin’s business with MEHL.
"Kirin must reverse this deplorable decision or be held accountable for their complicity in the military’s international crimes.
“We demand Kirin disclose their human rights due diligence, and the fate of the dividends that they had been withholding from MEHL.
"Kirin’s share transfer involves their Singapore subsidiary, Kirin Holdings Singapore Pte. Singapore should prevent transactions through their financial system that benefit the Myanmar military, including Kirin’s US-sanctioned business partner, Myanma Economic Holdings Limited."..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-06-30
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, The Burmese military's role in the economy, 2021 Burma/Myanmar coup d'état
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Title: Petronas, PTTEP, ENEOS, Mitsubishi Corp & Japan Gov irresponsibly exiting Yetagun gas project
Description:
"The Myanmar military junta has appointed Gulf Petroleum Myanmar (GPM) as operator of the Yetagun gas project, according to a Justice For Myanmar source with knowledge of the deal, and reporting from Myanmar Now.
The irresponsible divestment of Petronas and their partners will provide the Myanmar military junta with a continuing source of revenue, and heightens environmental risks from the decommissioning of the gas field, which is near depletion.
Petronas is the exiting operator of the Yetagun gas project, under a partnership with PTTEP and the ENEOS consolidated subsidiary, Nippon Oil Exploration (Myanmar). Other investors in Nippon Oil are the Japanese Government and Mitsubishi Corporation.
Friends of the Earth Japan, Justice For Myanmar and Mekong Watch have repeatedly called on Yetagun gas project investors to responsibly exit. This must involve taking appropriate steps to close the field in a way that would ensure future revenues do not flow to the Myanmar military, and that continued human rights and environmental impacts are avoided.
Consistent calls by civil society to sanction the military controlled Myanma Oil and Gas Enterprise (MOGE) have also gone ignored. To date, only the EU has imposed any sanctions on MOGE.
Who is Gulf Petroleum Myanmar?
GPM is a private oil and gas company backed by the Thai tycoon Chatchai Yenbamroong, who was an executive in the telephone directory business of former Thai Prime Minister Thaksin Shinawatra and an advisor to former Prime Minister Chavalit Yongchaiyudh.
Yenbamroong’s business links to the Myanmar military started as early as 1995, when he received a ten-year licence from the military controlled Myanma Posts and Telecommunications to publish the Myanmar Yellow Pages.
GPM is part of the Thailand-based Northern Gulf Petroleum group. Northern Gulf Petroleum is structured through shell companies in Bermuda, according to the GPM website, and has a holding company in Singapore. Chatchai Yenbamroong and Northern Gulf Petroleum have also established offshore companies in the British Virgin Islands, according to the Offshore Leaks database of the International Consortium of Investigative Journalists.
Bermuda, the British Virgin Islands and Singapore are corporate tax havens.
Northern Gulf Petroleum was established in 2004 to bid in the 19th round of oil exploration and production concessions during the Thaksin administration, Thai media has reported. The company won concessions despite Northern Gulf Petroleum’s lack of qualifications, awarded after Thaksin was deposed in a military coup in 2006. Yenbamroong has also invested in oil and mining companies in Canada and Australia.
GPM’s chair is Kyaw Kyaw Hlaing, who is the chair and director of SMART Group of Companies. It was first established in 1994, under Myanmar’s former dictatorship, servicing the military controlled petroleum industry. A second GPM director, Zarni Swe, is a director in subsidiaries of SMART Group of Companies.
GPM director Ni Lwin Soe serves on the board of a number of Yenbamroong’s companies, including Thaisat Global’s Myanmar unit, Northern Gulf Petroleum Myanmar Limited, and Myanmar Gulf LNG Company Limited.
On May 14, 2022, the illegitimate junta launched an invitation for bids for an operator and shareholder in the Yetagun Project with a May 20 deadline, in a rush to replace Petronas.
Other bidders included a company linked to the crony Shwe Byain Phyu group.
An industry source disclosed to Justice For Myanmar that GPM began taking over the project on May 31. Petronas is to complete the handover to GPM after the completion of its Acid Gas Removal Unit (AGRU) project. Petronas previously had a sales purchase agreement with GPM.
GPM did not respond to questions from Justice For Myanmar regarding the resumption of operations, contract terms and whether they will be working with any joint operators.
Justice For Myanmar spokesperson Yadanar Maung says: “Gulf Petroleum Myanmar’s takeover of the Yetagun gas project ensures the continued flow of funds to the Myanmar military junta, a terrorist organisation that commits war crimes and crimes against humanity with total impunity.
“Gulf Petroleum Myanmar and its directors and shareholders must be held accountable for aiding and abetting the military’s crimes.
“Their entry is enabled by the failure of the US, Japan and other governments to sanction the Myanmar military controlled Myanma Oil and Gas Enterprise.
“We call for urgent and coordinated sanctions to block the junta’s access to oil and gas revenues.
“Petronas, PTTEP and Nippon Oil are responsible for the human rights and environmental impacts of their disengagement from the Yetagun gas project.
“They must disclose their human rights and environmental due diligence, consult with the National Unity Government, civil society and affected communities, and remedy negative impacts.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-06-28
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Individual Documents
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162.28 KB 225.17 KB
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Description:
"Justice For Myanmar welcomes the UK’s second round of sanctions targeting arms dealers.
The UK has designated three Russian arms suppliers and three Myanmar arms brokers who supply the Myanmar Air Force and are complicit in the junta’s atrocity crimes.
The Myanmar companies are:
Myanmar New Era Trading Company Limited has procured Mi-17 parts from Russia since the military’s attempted coup. It is linked to International Gateways Group.
Sky Aviator Company Limited is a Myanmar miliary arms broker that has procured equipment from Russia and Ukraine since the attempted coup, including YAK-130 support equipment from Concern Radio-Electronic Technologies (KRET), refitted turbojet engines from United Engine Corporation and engine parts from Rosoboronexport and Motor Sich. According to a proposal leaked to Justice For Myanmar, Sky Aviator represents JSC Russian Helicopters in Myanmar.
Synpex Shwe Company Limited procured helicopter parts for the Myanmar military from Sins Avia Trading House (CNS Aviation) since the attempted coup. The company is also a supplier of the Directorate of Defence Industries.
The Russian companies are:
JSC Gorizont manufactures the Camcopter S-100 UAV under licence from Austria’s Schiebel Corporation. The Myanmar Navy and Air Force have both procured Camcopter S-100 UAVs. Following the Myanmar military’s attempted coup, Gorizont shipped UAV parts to Miya Win International Limited, a Myanmar military arms broker. These included items procured from Schiebel in Austria, suggesting an attempt to circumvent EU sanctions. Miya Win International was sanctioned by the UK on March 25.
Sins Avia Trading House LLC (CNS Aviation) exported helicopter parts to the Myanmar military arms broker Synpex Shwe Company Limited in March 2021.
Ural Avia LLC specialises in the supply of aviation parts and repair, and has sold Mi-17 parts to the Myanmar military arms broker Dynasty International Company Limited since the attempted coup, according to records from ImportGenius. Dynasty International and its director, Dr Aung Moe Myint, were sanctioned by the UK on March 25.
Justice For Myanmar spokesperson Yadanar Maung says: “We welcome the UK’s targeting of arms suppliers, which enable the junta’s campaign of terror against the people of Myanmar.
"The military’s continued war crimes and crimes against humanity are enabled by their access to arms, equipment, jet fuel and revenue.
"The military’s supply chains must be systematically targeted with sanctions to stop their international crimes.
"We call for urgent and coordinated international action against the Myanmar military’s economic interests and business relationships, including from regional democracies Australia, India, Japan and South Korea which have so far failed to act."..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-06-16
[field_licence]
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Individual Documents
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Description:
"Burma Campaign UK today welcomed a new round of sanctions imposed by the UK. The new sanctions target three Burmese arms brokers and three Russian aircraft parts suppliers for supplying equipment to the Burmese military. Since the attempted military coup last year, the British government has led the way in systematically identifying and sanctioning sources of revenue and arms to the Burmese military.
The notice on new sanctions is available here.
However, the pace of the imposition of sanctions needs to be increased. They also need to be expanded to include the supply of aviation fuel to the military.
The new sanctions come days after the UN reported that the number of people forced to flee their homes since the attempted coup last year has reached almost 700,000. In several ethnic states the majority of displaced people are displaced by airstrikes or the threat of airstrikes. The total number of displaced people in Burma is now more than 1 million, the highest ever recorded figure.
The UN report is available here.
The Kachin Women’s Association Thailand (KWAT) recently released a new report, ‘New Threats from the Air’, highlighting the new and deadly trend of airstrikes over populated villages in Kachin State. KWAT calls for sanctions on companies supplying aviation fuel to the Burmese military.
The Kachin Women’s Association Thailand report is available here.
Amnesty International also released a new report last month, ‘“Bullets rained from the sky”: War crimes and displacement in eastern Myanmar’. The report also highlights the role of military airstrikes in violations of international law and calls for a ban on the supply of military grade aviation fuel to the Burmese military.
The Amnesty International report is available here.
The sanctions announced today target three Burmese companies involved in the supply of aircraft parts to the military, Synpex Shwe, Myanmar New Era Trading and Sky Aviator.
They also target three Russian companies supplying aviation parts to the military, Ural Avia, Sins Avia Trading House, and JSC Gorizont.
“The British government has the right sanctions policy but isn’t putting in enough resources to impose targeted sanctions fast enough,” said Anna Roberts, Executive Director of Burma Campaign UK. “There is a human rights and humanitarian crisis in Burma which needs a faster British government response. Stopping the supply of aviation fuel to the Burmese military is the single most effective action that can be taken to address the humanitarian crisis caused by airstrikes against civilians. It must be prioritized for the next round of sanctions.”..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-06-16
[field_licence]
Type:
Individual Documents
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Description:
"Mobile operator Mytel, trading under the company Telecom International Myanmar Company Limited, is a key pillar in the Myanmar military’s business network providing revenue, technology and surveillance capabilities.
Telecom International Myanmar shareholders are the military conglomerate Myanmar Economic Corporation, Vietnam Ministry of National Defence-owned Viettel Global Investment and Myanmar National Telecom Holdings.
A Justice For Myanmar investigation based on leaked documents found that Mytel has aggressively recruited members of the Myanmar military through the “Banner of Victory” campaign, in which Mytel staff worked with base commanders to sign up military personnel with customised phone numbers that include an individual’s military ID number.
State officials and business leaders were also incentivised to sign up to Mytel through generous promotions, including ones that previously targeted the State Counsellor and ministers.
As Justice For Myanmar has documented, Mytel works in partnership with the Myanmar Army’s Directorate of Signals and builds infrastructure on military bases.
The company’s biggest shareholder, Viettel, is a high-tech arms manufacturer that is involved in tech transfer with the Myanmar military.
According to an analysis of a Myanmar Investment Commission proposal, released by Distributed Denial of Secrets, the Myanmar military is projected to earn over US$700 million in ten years from Mytel, which will finance continued war crimes and crimes against humanity.
Justice For Myanmar spokesperson Yadanar Maung says: “There is now extensive evidence of the complicity of Mytel in the Myanmar military’s international crimes.
“Mytel is putting the lives of Myanmar people at risk through the provision of revenue, technology and surveillance capabilities for the Myanmar military, which is a terrorist organisation.
“The people of Myanmar have taken a clear stand by boycotting Mytel and all other military products. It is time for international governments to hear the voices of Myanmar and designate Telecom International Myanmar for sanctions.
“More than 1,900 people have been murdered by the Myanmar military since the attempted coup, including children, and over 11,000 are languishing in detention, where torture is routine, according to the Assistance Association for Political Prisoners.
“The Myanmar military’s crimes are enabled by their business interests and action is needed now to stop the flow of funds to the military junta and its conglomerates.
“The Myanmar military cartel must be dismantled.”
Mytel provides the Myanmar military with dangerous surveillance capabilities over their own troops.
Since the illegal attempted military coup, courageous people’s soldiers and police have joined the civil disobedience movement, taking huge personal risk to leave the terrorist Myanmar military.
The Myanmar military can track the communications and location of these soldiers and police.
Justice For Myanmar urges military personnel joining the Civil Disobedience Movement to not discuss plans on the phone and destroy their SIM cards before defecting.
More information:
See Justice For Myanmar’s web feature on customer recruitment and surveillance, Leaking military secrets for profit
See Justice For Myanmar’s web feature, Boycott and coup attempt cost Mytel USD$24.9 million in three months
See Justice For Myanmar’s web feature, How hundreds of millions of dollars from Mytel subscribers will flow to military generals
See Justice For Myanmar’s report, Nodes of Corruption, Lines of Abuse: How Mytel, Viettel and a global network of businesses support the international crimes of the Myanmar military..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-06-14
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, The Burmese military's role in the economy, Sanctions - general
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111.53 KB 120.93 KB
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Sub-title:
Land Lease Payments May Finance Human Rights Violations by the Myanmar Military
Description:
"Eight civil society organizations that are deeply concerned about the business relationship that Japanese companies have with the Myanmar military sent a letter dated May 24, 2022 to 101 corporate investors holding shares in Tokyo Tatemono Co., Ltd. or Daiwa House Industry Co., Ltd. Land lease payments made by the two companies in connection with a real estate development project in Yangon (commonly known as “Y Complex”), estimated to be about 2 million USD per year, and will be a source of funding for the Myanmar military.
The Myanmar military for decades has committed grave human rights violations and atrocity crimes with total impunity, and on February 1, 2021, began an attempted coup. The civil society organizations have pointed out to Tokyo Tatemono and Daiwa House on numerous occasions that they may be complicit in grave human rights violations perpetrated by the military and urged them to act in accordance with their own human rights policies and international standards. However, neither company has officially announced specific plans to avoid the risk of its activities in Myanmar abetting grave human rights violations and international crimes by the Myanmar military.
The letter requests the corporate investors in Tokyo Tatemono and Daiwa House to promptly engage with the two companies to urge them to take measures to ensure that their business activities do not benefit the Myanmar military. The letter further asks the corporate investors to consider divestment if the companies do not take sufficient measures..."
Source/publisher:
Mekong Watch, Friends of the Earth Japan, Justice For Myanmar, Network Against Japan Arms Trade, ayus:Network of Buddhists Volunteers on International Cooperation, Japan International Volunteer Center, Pacific Asia Resource Center, Human Right Now
Date of entry/update:
2022-05-26
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Human Rights Defenders, Business and the Military, The Burmese military's role in the economy
Language:
Format :
pdf pdf
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90.61 KB 101.54 KB
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Description:
"May 23, 2022, Washington, D.C.–This week, Chevron’s shareholders will vote on a resolution that challenges the fossil fuel company’s partnership with the Myanmar (Burma) military. The shareholders that proposed the resolution are calling on the company to use arbitration proceedings as part of a responsible divestment strategy instead of treating the junta as a recognized government and legitimate business partner.
Since seizing power in a coup in February 2021, the Myanmar military has destabilized the region, pushed millions into a humanitarian crisis, and murdered more than 1,800 people, while more than 10,000 are currently detained. Profits from the Yadana offshore gas project, in which Chevron holds a major interest, are still funding the junta and fueling its human rights atrocities, despite Chevron’s announcing plans to withdraw from the country earlier this year.
EarthRights International Director of Strategy and Campaigns Keith Slack issued the following statement:
“Revenues from Myanmar’s offshore gas projects are the military junta’s largest source of foreign revenue, funding its atrocities. Chevron’s and other oil companies’ payments go to an illegal, criminal junta that has taken control of government bank accounts and is actively misappropriating state assets in order to fuel human rights abuses.
“EarthRights urges Chevron’s shareholders to approve a resolution on doing business with governments that are complicit in human rights abuses. Multiple Chevron shareholders have acknowledged that while its contracts are with the Myanma Oil and Gas Enterprise (MOGE), the entity is nothing more than a government department; we urge Chevron to acknowledge that the junta is not a recognized government. Doing so enables it to rely on contractual obligations to divert revenues from the junta as part of a planned exit from Myanmar. It would also require Chevron to respect demands from Myanmar civil society not to bring in a new operator for the Yadana gas project if it will collude with the junta. As proposed by its own shareholders, the company should initiate international arbitration rather than persisting with its strategy of ignoring Myanmar’s National Unity Government and siding with a genocidal junta.
“Chevron’s irresponsible actions in Myanmar mirror a pattern we’ve seen worldwide. In 2008, EarthRights sued Chevron for human rights abuses at a protest site in Nigeria. In 2005, Chevron acquired Unocal, a company with a long track record of human rights abuses. Chevron has the moral, legal, and financial obligation to avoid fueling genocide and crimes against humanity. Since the coup began last year, human rights organizations worldwide have urged companies, including Chevron, to stop providing financial support to the Myanmar military.
“To actually live up to its tagline of the ‘Human Energy Company,’ Chevron needs to walk its talk. Its long history of undermining human and environmental rights and its support for the Myanmar junta shows us that it’s actually the ‘Anti-Human Energy Company.’ Chevron shareholders now have an opportunity and an obligation to stop fueling human rights abuses in Myanmar.” ..."
Source/publisher:
EarthRights International
Date of entry/update:
2022-05-23
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Business and the Military, The Burmese military's role in the economy
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Description:
"Lebanon’s M1 Group has transferred control of Telenor Myanmar to the Myanmar military linked Shwe Byain Phyu conglomerate on Thursday, May 12, completing Telenor Group’s sale of the mobile network.
The sale has violated UK, EU and Norwegian sanctions due to the inclusion of lawful interception technology.
In the final stage of the sale, the Cayman Islands registered M1 Infrastructure Ltd transferred 310 shares in Investcom Pte Ltd, a Singapore holding company, to Shwe Byain Phyu Telecom Company Limited, according to corporate records.
Investcom Pte Ltd owns 100% of Telenor Myanmar Limited, largely through redeemable preference shares.
Shwe Byain Phyu Telecom Company Limited is a Myanmar registered company, fully owned by Shwe Byain Phyu Company Limited.
As a result of the share transfer, Shwe Byain Phyu owns 80% of Telenor Myanmar, up from its earlier 49% stake
M1 Group is owned by the family of the current Lebanese Prime Minister, Najib Mikati.
Sanctions violations
As part of the sale, M1 Group transferred a German-made Utimaco lawful interception gateway (LIG) to Shwe Byain Phyu, in breach of UK sanctions on Myanmar, which are in force in the Cayman Islands as a British Overseas Territory.
The Utimaco LIG was delivered to Myanmar and installed by Telenor in 2018. Telenor Group then transferred the LIG to M1 Group in March 2022, violating Norwegian sanctions.
When activated, the LIG will give the Myanmar military junta, a terrorist organisation, capabilities to monitor calls and SMS made over the Telenor Myanmar network in real time.
The latest transaction between M1 Group and Shwe Byain Phyu follows the first stage of the sale from Telenor Group to an M1 Group subsidiary registered in Cyprus, in violation of EU sanctions due to the transfer of the LIG.
The sale has exposed the historical call data of more than 18 million people to the junta, which it can use to identify, locate, detain, torture and kill Myanmar people. This may make Telenor Group and the Norwegian government complicit in crimes against humanity.
Telenor Group failed to do human rights due diligence on their ultimate buyer, Shwe Byain Phyu, in breach of their responsibilities under the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises.
Telenor Myanmar’s new players
Shwe Byain Phyu chair Thein Win Zaw is the chairperson of the Telenor Myanmar Limited board, and his son, Win Paing Kyaw, is the deputy CEO. Thein Win Zaw’s wife, Tin Latt Min, also sits on the board. Other Telenor Myanmar board members are Hicham Ramadan and Rana Shatila of M1 Group.
Telenor Myanmar’s new CEO, Muhammad Ziaullah Siddiqui, sits on the board of Investcom Pte Lte, along with Rana Shatila, Thein Win Zaw, Win Paing Kyaw and Benjamin Szeto Yu Hwei.
From 2007-2010, Siddiqui was CEO of the telecommunications company MTN Afghanistan, according to his Linkedin page, at a time when the company was accused of paying protection money to the Taliban and Al Qaeda.
From 2010 to 2016, Siddiqui was CEO of MTN Sudan, providing a source of revenue to the genocidal al-Bashir regime.
MTN is a South African publicly listed company that acquired M1 Group’s Investcom in 2006. As part of the takeover, the Mikati family gained a 10% stake in MTN.
Justice For Myanmar calls on the UK, Cypriot and Norwegian governments to urgently investigate Telenor Group and M1 Group for violating sanctions on Myanmar.
We call on the Oslo Stock Exchange, which lists Telenor, to investigate the legality of Telenor’s Myanmar sale under Norwegian and EU law.
We call on Singapore to investigate the use of its territory by Telenor Group, M1 Group and Shwe Byain Phyu in violation of UK, EU and Norwegian sanctions, and to take concrete steps against Singapore registered businesses that are complicit in the Myanmar military’s international crimes.
Justice For Myanmar spokesperson Yadanar Maung says: “It is reprehensible that Telenor Group and the Norwegian government have completed the sale of Telenor Myanmar to Shwe Byain Phyu Group, wilfully ignoring sanctions regulations and their human rights responsibilities.
"The junta has weaponised telecommunications in its campaign of terror, and Telenor Myanmar is now part of its arsenal.
"We call on the UK, Norway and Cyprus to investigate sanctions breaches from the transfer of lawful interception technology from Telenor to M1 Group, and from M1 Group to Shwe Byain Phyu, and ensure accountability.
"The fact that this transaction has taken place in Singapore yet again shows how its financial system is being exploited by the Myanmar military and their associates. Singapore must take concrete action to end the use of its territory to finance and arm the Myanmar military.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-05-16
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, The Burmese military's role in the economy, 2021 Burma/Myanmar coup d'état
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211.84 KB
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Description:
"Since 1 Feb 2021, international governments have dragged their feet in responding
to the Burma crisis. The junta has been allowed to continue its destruction, and
brutality against the people of Burma, supported by international revenue flows.
During 1 Jan–22 Apr this year, there were 4,971 armed clashes and attacks on
civilians in Ukraine. While this exceeded the 3,310 in Burma over the same period,
the state of conflict in Burma has now gone on for 15 months and involved at least
10,962 clashes and attacks.
In the face of Russian aggression and atrocities in Ukraine, the international
community has used its tremendous power to dissuade Russia from continuing.
However, despite recognizing the urgency of protecting civilians, the international
community has not gone nearly far enough in responding to the Burma crisis.
The international community’s response to the invasion of Ukraine is stunning
evidence of what is possible given sufficient political will. The failure of the
international community—particularly powerful governments of the global north—
to ramp up actions to halt the junta will hurt tens of millions of people and
strengthen accusations of double standards in civilian protection. In order to stop
suffering and restore democracy in Burma:
o The US, EU, and others must act to effectively halt the flow of foreign exchange
revenue to the illegal junta, to reduce its ability to attack civilians; the junta
remains unrecognized as the government and is therefore not entitled to these
revenues. This includes sanctioning Myanmar Oil and Gas Enterprise (MOGE),
Myanmar Foreign Trade Bank (MFTB), and Myanma Investment and Commercial
Bank (MICB) to prevent the junta from using export profits to arm itself for its
crackdown on the people of Burma. There must also be a global arms embargo.
o The US, EU, and others must comprehensively address the humanitarian crisis
resulting from the junta’s violence, blocking of humanitarian aid, and gross
economic mismanagement. As a first step, work needs to begin immediately to
ensure aid is delivered to communities based along the country’s western and
eastern borders, which have been disproportionately affected.
o The US, EU, and others must take the necessary steps to ensure that the
perpetrators of atrocity crimes in Burma are held accountable, including by
referring the junta’s actions to the ICC and backing the National Unity
Government (NUG) declaration accepting the jurisdiction of the court..."
Source/publisher:
Blood Money and ALTSEAN-Burma
Date of entry/update:
2022-05-11
[field_licence]
Type:
Individual Documents
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754.83 KB
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Description:
"Activists are urging US President Joe Biden to impose sanctions on Myanma Oil and Gas Enterprise (MOGE), which provides a financial lifeline to Myanmar’s junta. The European Union imposed sanctions on the firm in February.
More than 637 domestic organizations, including protest committees, labor unions, women’s rights and educational groups and over 220,000 individuals signed an open letter to Biden, according to the Blood Money Campaign (BMC), which lobbies to financially isolate the junta.
The BMC called on Biden to listen to Myanmar’s people and sanction MOGE.
“The United States, it is time to stop protecting democracy only with words,” said Ko Ye, a BMC spokesman.
The group reported that the junta seized around US$1.5 billion in gas revenue from state bank accounts after the 2021 coup to fund genocide and murder.
“We don’t ask the US to provide weapons. We only ask the US to stop paying the fascist regime for natural resources,” Ko Ye said.
MOGE has been a lifeline for military governments for decades and an estimated 50 percent of foreign currency came from natural gas and Myanmar earned around $1.5 billion from oil and gas in the 2020-21 financial year, according to pre-coup forecasts.
The campaign urged the Biden administration to stop gas revenues reaching the junta by working with allies in Thailand and South Korea to divert income to accounts held until the civilian National Unity Government is recognized.
It said gas companies and banks which traded with the junta should face money-laundering charges. It said the junta-controlled Myanma Foreign Trade Bank should face sanctions for money laundering.
International oil and gas firms like Total, Chevron and Woodside left Myanmar after the coup but the junta’s investment minister Aung Naing Oo said only 10 percent of Myanmar’s oil and gas investment came from the three firms and their withdrawal did not impact the economy. China, the largest source, provides around 27 percent of oil and gas investment.
Human rights organizations are urging Total not to pay the junta about $250 million it owes Myanmar.
Since the coup in February last year, the regime has killed more than 1,800 people and it uses airstrikes, artillery, arson attacks, extrajudicial killings and arbitrary arrests against civilians..."
Source/publisher:
"The Irrawaddy" (Thailand)
Date of entry/update:
2022-05-11
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, Oil and gas, The Burmese military's role in the economy
Language:
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Description:
"Through ongoing defence and military cooperation, it is likely that ASEAN is aiding and abetting the Myanmar military’s atrocity crimes, a Justice For Myanmar investigation has concluded.
ASEAN’s defence program, detailed by Justice For Myanmar, has allowed the Myanmar military to participate in meetings, training, intelligence exchanges, arms production, R&D, cyber security, and education, under the ASEAN Defence Ministers’ Meeting (ADMM) umbrella.
The Myanmar military’s involvement in ADMM has supported it to build its capabilities, access arms, find sources of revenue, seek international legitimacy, develop content for propaganda purposes, and forge bilateral military ties with ASEAN members and regional powers.
ASEAN has been engaging with the Myanmar military, knowing that it has repeatedly violated international human rights and humanitarian law.
Since the Myanmar military began an illegal attempted coup on February 1, 2021, ASEAN has allowed it to join defence sector activities, including as co-chair of the bloc’s ADMM-Plus Experts’ Working Group on Counter Terrorism with the Russian regime.
As the region’s key intergovernmental organisation, ASEAN could help prevent the Myanmar military’s commission of atrocity crimes. Yet it has not only repeatedly failed to take action, but is complicit in those crimes by providing support and legitimacy to the Myanmar military.
The central role ASEAN plays in the Indo-Pacific region has also impeded coordinated international action to stop the Myanmar military’s international crimes, and facilitated the illegitimate junta’s defence engagement with regional democracies Australia, India, Japan, South Korea, New Zealand and the USA, through ADMM-Plus.
Justice For Myanmar spokesperson Yadanar Maung says: “ASEAN has utterly failed to uphold international human rights and humanitarian law.
“ASEAN knows full well that the Myanmar military committed genocide against the Rohingya, continues to commit war crimes and crimes against humanity, and staged an attempted coup.
“ASEAN cannot plead ignorance about the crimes that the military is committing, its undermining of democracy and brutal attack on the people of Myanmar.
“Yet its response has been to provide practical assistance, encouragement and support to the military as it terrorises the people of Myanmar.
“ASEAN’s Five-Point Consensus has not only utterly failed to resolve Myanmar crisis but enabled the bloc’s status quo of complicity with the terrorist junta who created the crisis.
“Justice For Myanmar calls on ASEAN to immediately change course, exclude the illegal Myanmar and work with the NUG to resolve the Myanmar crisis.
“ADMM-Plus countries must stop hiding behind ASEAN and take immediate steps to end the bloc’s complicity in the Myanmar military’s atrocity crimes.
“As the US hosts the US-ASEAN Special Summit, it must commit to end its multilateral engagement with the terrorist junta and demand ASEAN stop aiding and abetting the Myanmar military’s atrocity crimes.
“We call on the US to boycott ASEAN events that include the illegal junta, including the defence maritime security working group that it co-chairs.”
Justice For Myanmar calls for the following urgent action:
ASEAN
Exclude the Myanmar military junta from all meetings and activities.
Recognise the National Unity Government as the legitimate government of Myanmar, and work with it to resolve the Myanmar crisis.
Take concrete action to end the Myanmar military’s violence against the Myanmar people.
Create an ASEAN sanctions framework, and encourage ASEAN members to impose an arms embargo and targeted sanctions on the Myanmar military and its business interests.
Cooperate with UN Member States to impose a global arms embargo on Myanmar and to refer the Myanmar situation to the International Criminal Court through the UN Security Council.
ADMM-Plus countries (Australia, China, India, Japan, South Korea, New Zealand, Russia and the USA):
Call on ASEAN to exclude the Myanmar military junta from all meetings and activities, and end the Myanmar military’s violence against the Myanmar people.
Recognise and support the National Unity Government as the legitimate government of Myanmar, and work with it to resolve the Myanmar crisis.
Urge ASEAN to recognise the National Unity Government and work with it to resolve the Myanmar crisis.
Boycott ASEAN meetings and activities that include the Myanmar military junta.
Impose an arms embargo and targeted sanctions against the Myanmar military and its business interests.
Cooperate with UN Member States to impose a global arms embargo on Myanmar and to refer the Myanmar situation to the International Criminal Court through the UN Security Council..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-05-10
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, The Burmese military's role in the economy, 2021 Burma/Myanmar coup d'état, ASEAN-Burma relations
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"Min Aung Hlaing has launched Myanmar Radio and Television (MRTV) propaganda apps on Apple’s App Store and Alphabet’s Google Play Store, as well as a website, using Google and Apple logos as his backdrop.
The MRTV apps were developed by the US company Apps Web Social LLC, which listed them on the App Store and Play Store on behalf of the junta.
The apps are claimed to livestream broadcast content via international satellites, and distribute articles.
Apps Web Social LLC is registered in Iowa and has an office in Florida.
The Myanmar military junta uses MRTV to disseminate propaganda, disinformation and fake news, including regular content representing democratic actors as “terrorists” and publishing photos of torture victims to spread fear.
MRTV was also complicit in the 2017 genocide against the Rohingya, denying Rohingya identity, portraying Rohingya as “terrorists” and denying the military’s “clearance operations”.
MRTV operates under the junta’s Ministry of Information, led by retired Major General Maung Maung Ohn, who is sanctioned by the EU.
Maung Maung Ohn was the former Chief Minister of Rakhine State under the military’s proxy Union Solidarity and Development Party government in the lead up to the Rohingya genocide, and played a prominent role denying persecution against Rohingya.
The junta’s State Administrative Council (SAC), which has control over MRTV, is sanctioned in the US, raising questions over whether Apps Web Social has complied with US sanctions.
The junta’s former information minister, Chit Naing, was sanctioned by the US on July 2, 2021, shortly before he was replaced by Maung Maung Ohn.
The registrar for the junta’s new domain name, mrtvmedia.com, is GoDaddy.com, also a US company.
The junta’s apps carry serious privacy risks, enabling the military to track a user’s precise location, record audio and take photos and video, according to its listed Play Store permissions.
Apple and Alphabet have long allowed the Myanmar military to use their platforms, and are both listed on the Burma Campaign UK’s Dirty List.
Justice For Myanmar spokesperson Yadanar Maung says: “By continuing to allow the terrorist Myanmar military junta to use their platforms, Alphabet and Apple stand complicit in the junta’s dissemination of disinformation and hate speech.
“We call on Alphabet and Apple to immediately and fully ban the Myanmar military, and all entities they control, from their app stores and service offerings.
“Alphabet, Apple, GoDaddy.com and App Web Social must take action to stop contributing to human rights violations in Myanmar, according to their responsibilities under the UN Guiding Principles on Business and Human Rights, and the OECD Guidelines.
“We condemn Apps Web Social for supporting and profiting from the junta’s campaign of terror, in which MRTV is a key part of the psychological warfare that the Myanmar military is waging against the people of Myanmar.
“Apps Web Social should disclose how they are receiving payments for their work on the MRTV apps, and if they have received a licence from the US Treasury’s Office of Foreign Assets Control.
“We urge the US government to close all remaining loopholes that may allow the Myanmar military junta and its conglomerates to transact with US companies, including through further sanctions designations against MRTV, all other junta-controlled media and Maung Maung Ohn.”
Update (May 5, 2022): Apps Web Social has removed the MRTV app from the Play Store and App Store. Other Myanmar military apps remain on Alphabet and Apple platforms, and we reiterate our call for a ban..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-05-05
[field_licence]
Type:
Individual Documents
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pdf
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161.5 KB
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"၁။ အာဏာရှင် အဆုံးသတ်နိဂုံး (The End of Dictatorship-EOD) အစီအစဉ်၏ ကနဦးခြေလှမ်းအဖြစ် အကြမ်းဖက်စစ်ခေါင်းဆောင် မင်းအောင်လှိုင်မတရားသဖြင့် ရယူထားသော နိုင်ငံတော်ပိုင် ရန်ကုန်တိုင်း၊ ကမာရွတ်မြို့နယ်၊ အင်းလျားလမ်း၊ ခြံအမှတ် (၁၄)ရှိ မြေနှင့်အဆောက်အအုံအား ကြိုတင်ရောင်းချနိုင်ရေး အတွက် ပြည်သူ့ဆန္ဒကောက်ယူမှု စစ်တမ်း တစ်ခု ပြုလုပ်ခဲ့ပါသည်။
၂။ စစ်တမ်းကောက်ယူမှု (၆) ရက်တာကာလအတွင်း စုစုပေါင်း ဆန္ဒပြုသူ တစ်သောင်းရှစ်ထောင်ကျော်၏ ၉၇% ကျော်က ဝယ်ယူမည်ဟု ဆန္ဒပြုခဲ့ကြပြီး ဝယ်ယူရန် အဆိုပြုပမာဏ စုစုပေါင်းမှာ ငွေကျပ် ၃၄ ဘီလီယံကျော် (အမေရိကန်ဒေါ်လာ ၁၇ သန်း) ခန့် ရှိပါသည်။
၃။ အကြမ်းဖက်စစ်ခေါင်းဆောင် မင်းအောင်လှိုင် မတရားသဖြင့် ရယူထားသော အဆိုပါနိုင်ငံတော်ပိုင်မြေမှာ ၁.၈၆ ဧက ကျယ်ဝန်းပြီး ကာလပေါက်ဈေးအားဖြင့် အမေရိကန်ဒေါ်လာ သန်း ၃၀ ကျော်တန်ကြေးရှိပါသည်။
၄။ ယခု ရောင်းချသည့်အခါ ကာလတန်ကြေး၏ ၃ ပုံ ၁ ပုံ၊ အမေရိကန်ဒေါ်လာ ၁၀ သန်းသာ တန်ဘိုးဖြတ်၍ အစုရှယ်ယာ တစ်သိန်းတိတိ ရောင်းချသွားမည်ဖြစ်ပြီး ရှယ်ယာတစ်စုလျှင် အမေရိကန်ဒေါ်လာ ၁၀၀ သတ်မှတ် ထားပါသည်။
၅။ ကမ္ဘာတလွှားရှိ ဆက်သွယ်ဝယ်ယူရရှိနိုင်မည့် ကိုယ်စားလှယ်အမည်စာရင်းနှင့် စတင်ရောင်းချမည့်အချိန်အား သီးခြားထုတ်ပြန်ပေးသွားမည်ဖြစ်ပြီး မိမိတို့နှင့် အဆင်ပြေနီးစပ်သည့် နိုင်ငံတကာကိုယ်စားလှယ်များထံ ချိတ်ဆက်၍ ဝယ်ယူရရှိနိုင်ပါကြောင်း သတင်းကောင်းပါးအပ်ပါသည်။
၆။ ဤရောင်းချမှုအား အမျိုးသားညီညွတ်ရေးအစိုးရ၏ ၂၄-၀၂-၂၀၂၂ ရက်စွဲဖြင့် ထုတ်ပြန်ထားသည့် “အကြမ်းဖက်စစ်ကောင်စီက သိမ်းယူထားသော တပ်ပိုင်မြေဆိုင်ရာ အခြေခံမူများ” အပိုဒ် ၄ နှင့် အပိုဒ် ၅ အရ စီမံဆောင်ရွက်ခြင်း ဖြစ်ပါသည်။
၇။ အာဏာရှင်အဆုံးသတ်နိဂုံးအတွက် မဆုတ်မနစ်သော ဇွဲလုံ့လ၊ ခိုင်မာပြတ်သားသောသန္နိဋ္ဌာန်ဖြင့် ပူးပေါင်း ပါဝင်ဝယ်ယူကြသူအားလုံးကို လေးစားဂုဏ်ပြု ဦးညွှတ်အပ်ပါသည်။..."
Source/publisher:
Ministry of Planning, Finance and Investment - NUG
Date of entry/update:
2022-05-05
[field_licence]
Type:
Individual Documents
Category:
National Unity Government (NUG), 2021 Burma/Myanmar coup d'état, Business and the Military
Language:
Format :
pdf
Size:
186.04 KB
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Description:
"Russian companies supplying arms to the Burmese military should face sanctions.
Russia is probably the biggest supplier of arms to the Burmese military. Russia has also hosted several military delegations since the attempted coup last year, organised trade and economic delegations, and has fiercely defended the military at the United Nations Security Council.
“At the same time as Russia says the international community should not interfere in the internal affairs of Burma, Russia is interfering more than any western country ever has,” said Anna Roberts, Executive Director of Burma Campaign UK.
Where other countries have intervened at the request of the people of Burma to promote human rights and democracy, Russia has intervened on the side of the military to help them commit human rights violations and deny democracy to the people of Burma.
Activists from Burma have told us that just because Russia is unlikely to stop arming the Burma military does not mean they shouldn’t be called out for what they are doing.
Putin is complicit in the violations of international law committed by the Burmese military, as they are using equipment Russia has sold to them. Russia is in receipt of money stolen from the people of Burma to pay for those weapons.
“The same Russian jets bombing Ukraine have been sold to the Burmese military and are used for bombing civilians,” said Anna Roberts. “Just as Russian companies have been sanctioned following the invasion of Ukraine, Russian companies involved in the supply of arms to the Burmese military should also face sanctions.”..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-05-04
[field_licence]
Type:
Individual Documents
Language:
Local URL:
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Description:
"The head of Russian truck giant Kamaz visited Myanmar last week for talks with the terrorist Myanmar military junta to produce trucks in Myanmar, and will finalise an agreement by June.
Kamaz was part of a delegation from Russia’s Republic of Tatarstan, led by its president, Rustam Minnikhanov.
Russian investment will further aid and abet the junta’s atrocity crimes.
Kamaz General Manager, Sergey Kogogin, joined talks with junta head and war criminal Min Aung Hlaing, and the junta’s investment minister, Aung Naing Oo.
Sergey Kogogin has been recently sanctioned by the UK and Australia, while Kamaz has been sanctioned by Australia and the EU, in response to Russia's invasion of Ukraine.
The Russian military used Kamaz trucks to invade Ukraine.
Kamaz is a supplier of the Myanmar military. It transferred seven military trucks to Myanmar in 2020 and the company manufactures the trucks used to mount the Pantsir-S1 surface-to-air missile system, which the Myanmar military ordered in January 2021.
Junta head Min Aung Hlaing visited Kamaz during a trip to Tatarstan in June 2021, with a delegation of more than forty people.
Kamaz’s biggest shareholder is Russia’s state-owned arms conglomerate Rostec.
Germany’s Mercedes-Benz owns 15% of the company, on behalf of Daimler Truck.
Daimler Truck has a joint venture with Kamaz, but froze cooperation following Russia’s invasion of Ukraine.
As investors, Mercedes-Benz and Daimler Truck must clarify the steps they have taken to end Kamaz’ business with the Myanmar military, according to their human rights responsibilities, following the Rohingya genocide and the military’s coup attempt.
Tatarstan’s President Minnikhanov has a longstanding relationship with Min Aung Hlaing, and is promoting multiple business-links with the Myanmar military.
His April trip included representatives from Rostec subsidiary Kazan Helicopters, which supplies helicopters to the Myanmar Air Force; engineering company Ker-Holding, which is involved in the Pang Pet steel plant, a project of military conglomerate Myanmar Economic Corporation; and naval shipbuilder JSC Zelenodolsk Plant.
Justice For Myanmar spokesperson Yadanar Maung says: “Minnikhanov and Kogogin’s visit to Myanmar show that the Russian regime’s links to the terrorist Myanmar junta are deepening.
“The visit comes as sanctions are rolled out against Russian businesses following the unprovoked invasion of Ukraine, while the international response to the military’s coup attempt remains weak and uncoordinated.
“While it is positive that Australia has sanctioned Kamaz and Sergey Kogogin, they have not imposed any sanctions in response to the military’s illegal coup attempt.
“Developing business ties will provide future revenue and embolden the Russian regime, the Myanmar junta and their business associates.
“Increased access to military vehicles and truck manufacturing capabilities will aid the Myanmar military’s campaign of terror, as it commits mass killings, torture, rape, forced displacement and the destruction of whole villages.
“We demand urgent international action against the Myanmar military junta and its business interests, including targeted sanctions and a global arms embargo.
“Russia is committing atrocities in Ukraine, while also aiding and abetting the Myanmar military junta’s atrocities.
“We call on the international community to impose further sanctions on Russia for its complicity with the Myanmar military’s international crimes against the people of Myanmar, including against Kamaz, Rustam Minnikhanov and Sergey Kogogin.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-05-02
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Business and the Military, Sanctions, The Burmese military's role in the economy
Language:
Format :
pdf
Size:
139.08 KB
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Description:
"Two years since the launch of Justice For Myanmar, the movement to dismantle the military cartel has gained momentum. The people are winning.
Shop-owners and consumers are boycotting military products, hitting the military’s bottom-line and sending a strong message that resistance to the terrorist junta is everywhere.
The Myanmar Beer, Red Ruby and Mytel brands have been irreparably harmed, and will be forever remembered as a resource that war criminals use to enrich themselves and finance the bombs and bullets they use to murder the people of Myanmar.
Activists and journalists in Myanmar and around the world are tirelessly exposing nodes in the Myanmar military’s business network, pressuring companies, and their investors, to cut ties.
International companies divesting from the military cartel over the last year include Kirin Holdings, the Japanese beer giant partnered with military conglomerate Myanma Economic Holdings Limited (MEHL); Adani Ports, which is building a container terminal on land leased from Myanmar Economic Corporation (MEC); Emerging Towns and Cities Singapore, operator of the Golden City development on land leased from the Myanmar Army’s Quartermaster General; and the oil majors TotalEnergies, Chevron, ENEOS Holdings and Mitsubishi Corporation are withdrawing from gas projects that make up the junta’s biggest source of foreign revenue. But many companies remain.
While these withdrawals are a victory for the Myanmar people’s struggle against the terrorist junta, more work is needed to pressure companies to responsibly disengage, in consultation with the National Unity Government, and immediately cease all payments to military-controlled entities.
In the last year, investors have listened to the voices of the people of Myanmar and divested from businesses that continue to enable the junta’s campaign of terror. For instance, Australia’s Future Fund has divested from arms manufacturer AVIC, while Nordea Asset Management and the Dutch fund PFZW have divested from Indian arms manufacturer Bharat Electronics. Denmark’s P Plus has divested from KOGAS and Lotte Corporation and is continuing to engage with other businesses linked to the terrorist junta.
Targeted sanctions have also expanded in Canada, the EU, UK and USA to cover crony conglomerates and arms dealers, including Htoo Group, IGE, Kyaw Thaung Group, Dynasty International, International Gateways Group, Myanmar Chemical & Machinery and Miya Win. After a global campaign, the EU sanctioned Myanmar Oil and Gas Enterprise (MOGE).
More must be done to deny the terrorist junta revenue and arms, and dismantle the military cartel. But the will of the people will overcome the junta’s campaign of terror.
We will continue to struggle as part of a global movement for a federal democracy in Myanmar, to end the systemic causes of inequality, corruption, violence and atrocity crimes, until the cartel is dismantled..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-04-28
[field_licence]
Type:
Individual Documents
Language:
Format :
pdf pdf
Size:
153.44 KB 116.99 KB
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Description:
"Star Sapphire Group of Companies, a crony conglomerate linked to the family of junta leader Min Aung Hlaing, plays a key role in brokering arms deals for the Myanmar military and operates businesses with the Myanmar military and its conglomerate, Myanma Economic Holdings Limited (MEHL).
Star Sapphire Group is controlled by Dr Tun Min Latt and his wife Dr Win Min Soe, who have a longstanding partnership with the prominent Thai businessperson Upakit Pachariyangkun, now a senator.
Leaked documents show that Tun Min Latt has brokered arms deals with major Israeli and Chinese companies, including Elbit Systems, Israel Shipyards, Israel Aerospace Industries and NORINCO, aiding and abetting the Myanmar military’s atrocity crimes against the people of Myanmar.
Tun Min Latt has built his business through decades-long corrupt deals with the Myanmar military.
Tun Min Latt is the son of former air force lieutenant colonel Khin Maung Latt, who was director-general of the Ministry of Hotels and Tourism under the former military junta.
In 1999, in his role as director-general of the Ministry of Hotels and Tourism under the former military junta, Tun Min Latt’s father, Lt Col Khin Maung Latt, signed a deal to build Allure Resort, an illegal casino in Tachilek, a town bordering Thailand.
Tun Min Latt was a beneficiary of the deal, developing and operating the casino with Upakit Pachariyangkun.
In November 2017, the Ministry of Hotels and Tourism, under the National League for Democracy, handed the casino to the Myanmar Army’s Office of the Quartermaster General, diverting the state’s 6% share of profits away from the Union Budget, hidden from parliamentary scrutiny.
The Allure Resort, and its connection to Star Sapphire’s wider network of business interests, raise serious money laundering and illicit financing concerns.
In 2013, under the military-backed Union Solidarity and Development Party (USDP) government, Tun Min Latt signed a build-operate-transfer deal to develop Hotel Dawei, on land owned by the Ministry of Home Affairs.
Lease payments continue to provide a source of revenue to the junta’s home affairs ministry, which is responsible for the Myanmar Police Force.
Since the military’s February 2021 coup attempt, the Myanmar Polce Force has committed atrocity crimes, including deliberate killings and torture of democracy activists.
In ethnic areas of south-eastern Myanmar, Star Sapphire subsidiaries have operated mines under profit sharing arrangement with the military since 2001, helping to fund the military’s grave human rights violations and destroying the environment.
One of Star Sapphire’s mining companies, Royal Mawtaung Mining (formerly Star Thiri Investment), was co-founded by Khin Thiri Thet Mon, the daughter of junta leader and war criminal Min Aung Hlaing. No public information was found regarding its activities.
In the energy sector, Star Sapphire Group’s Myanmar Business Consultant Group is the local partner of the Hong Kong-listed company VPower Group and the Chinese state-owned firm China National Technical Import and Export Corporation (CNTIC) in a liquified natural gas project involving MEHL.
Myanmar Business Consultant Group channels funds to MEHL for the land and will transfer the facility to MEHL at the end of the lease, providing the military with a lucrative future asset.
In Tanintharyi Region, Star Sapphire is developing a 200 MW combined cycle power plant with United Power of Asia, a Thai publicly listed company associated with Tun Min Latt and Upakit Pachariyangkun.
Justice For Myanmar spokesperson Yadanar Maung says: “Tun Min Latt and his associates have spent decades enriching themselves through the Myanmar military’s systemic corruption.
“They have provided the military with both revenue and arms that have fuelled atrocity crimes against the people of Myanmar, and are therefore complicit in those crimes.
“The military junta is a terrorist organisation that continues to commit international crimes with total impunity, including deliberate killings, indiscriminate airstrikes and shelling, torture, arbitrary detention and rape.
“Urgent targeted sanctions must now be imposed against Dr Tun Min Latt, Star Sapphire Group of Companies and their directors and shareholders.
“Tun Min Latt has used Thailand as a base for illicit business activities, including operating an illegal casino with Upakit Pachariyangkun and the Myanmar army, and banking with Siam Commercial Bank. This must stop.
“As a senator, Upakit Pachariyangkun's business dealings with Tun Min Latt and the Myanmar military require public scrutiny.
“We urge Thai civil society to take action and ensure Upakit is held accountable for his corrupt business dealings and complicity in the Myanmar military’s international crimes.
“Tun Min Latt's use of Thailand and Singapore for his business with the Myanmar military is yet another case of ASEAN's failed five-point consensus, one year on, continuing to enable military-linked business.
“ASEAN’s failed “consensus” has only served to block and delay effective action from the UN and international community, while conflicts of interest within ASEAN governments embolden the junta to continue its terror campaign against the people.
“The international community must stop hiding behind ASEAN and impose targeted sanctions and a global arms embargo to block the flow of arms and funds to the terrorist junta, and to support the Myanmar people's Spring Revolution.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-04-26
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, The Burmese military's role in the economy, 2021 Burma/Myanmar coup d'état
Language:
Format :
pdf pdf
Size:
168.66 KB 163.98 KB
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Description:
"On March 9, 2022, human rights advocacy groups Inclusive Development International (IDI) and
ALTSEAN-Burma published a report titled “The Myanmar ESG Files: How ‘responsible investment’ is
enabling a military dictatorship.” The report documents how hundreds of funds carrying the ESG
(Environmental, Social and Governance) label hold at least $13.4 billion worth of shares in 33
corporations linked with the Myanmar military.
According to the report, the 33 companies including Japanese companies have armed and funded the
Myanmar military. Data compiled by IDI show that ESG-labeled funds continued to hold shares in these
companies even after the genocide against the Rohingya in 2017 and the crackdown following last
year’s coup. Mekong Watch reiterates its concern over these Japanese companies continuing their
businesses in Myanmar despite the risk of providing financial support to the Myanmar military's
international crimes and grave human rights violations, including murder, arbitrary detention, sexual
violence, forced disappearances, and torture.
The following Japanese companies are listed in the report. The description of each company is drawn
from the report unless otherwise noted.
Daiwa House Industry
A Daiwa House Industry subsidiary, Fujita Corporation, entered into a real estate joint venture
to develop a project called the Y Complex in Myanmar. Rent payments for this project flows to
the Quartermaster General, which oversees procurement for the Myanmar military. In an email
response to Inclusive Development International, Daiwa House Industry did not dispute these
findings, but said that it had suspended development of the project on the day of the coup.
KDDI Corp
KDDI Corporation and Sumitomo Corporation founded a telecommunication subsidiary in
Myanmar which jointly operates the state-owned Myanmar Posts and Telecommunications
(MPT). MPT collaborates with the military’s domestic surveillance program, according to a 2022
U.S. State Department report. That surveillance program allows the military to search and seize
people’s belongings and intercept phone data without a warrant.
Kirin Holdings
Kirin Holdings jointly owns Myanmar Brewery with the military-controlled Myanmar Economic
Holdings Limited. In addition, according to the 2019 U.N. fact-finding report, Kirin Holdings Pte
Ltd., provided financial support to the military for “clearance operations” against the Rohingya.
Marubeni Group
According to the Burma Campaign UK, the company is involved in the development of the
Shweli 3 dam in Northern Shan State, which is in a conflict zone and is opposed by local
residents. Marubeni is also a developer of the Thilawa Special Economic Zone. Marubeni
remains on the Burma Campaign UK’s Dirty List.
Sumitomo Corp
Sumitomo Corporation and KDDI Corporation, founded a telecommunication subsidiary in
Myanmar which jointly operates the state-owned Myanmar Posts and Telecommunications
(MPT). MPT collaborates with the military’s domestic surveillance program, according to a 2022
U.S. State Department report. That surveillance program allows the military to search and seize
people’s belongings and intercept phone data without a warrant.
* Note by Mekong Watch: Sumitomo Corporation is also a developer of the Thilawa Special
Economic Zone along with Marubeni.
Tokyo Tatemono
Tokyo Tatemono entered into a real estate joint venture to develop a project called the Y
Complex in Myanmar. Rent payments for this project flows to the Quartermaster General, which
oversees procurement for the Myanmar military. In an email response to Inclusive Development
International, Tokyo Tatemono said that it did not believe its money was flowing to the military
and that it had not paid any fees since the coup.
Toshiba Corp
According to the Burma Campaign UK, a subsidiary supplies turbines for the controversial
Upper Yeywa dam in Shan State. Security forces protecting the investment allegedly committed
serious human rights violations, including extrajudicial killings and torture. Toshiba remains on
the Burma Campaign UK’s Dirty List.
In addition to the seven companies above, we have pointed out that Japan’s JX Nippon Oil & Gas
Exploration (a part of the ENEOS Group), Yokogawa Bridge Corporation (wholly-owned subsidiary of
Yokogawa Bridge Holdings), and Mitsubishi Corporation have ties to the Myanmar military. JX and
Mitsubishi have shares in the Yetagun gas field which is an important source of revenue for the military.
Yokogawa Bridge is working in cooperation with the military conglomerate Myanmar Economic
Corporation (MEC) on the Bago River Bridge Construction project, which is backed by Japan’s Official
Development Assistance. Further, in addition to the Yetagun gas project, Mitsubishi Corporation is a
developer of the Thilawa Special Economic Zone along with Marubeni and Sumitomo, two of the
Japanese companies listed in the report by IDI and Altsean. In terms of ESG investing, ENEOS,
Yokogawa Electric Corporation (major shareholder of Yokogawa Bridge Holdings), and Mitsubishi are
listed in the “FTSE Blossom Japan Index” created by FTSE Russell, which is one of the ESG indexes
for Japanese companies adopted by Japan’s Government Pension Investment Fund (GPIF).
ESG investing is supposed to encourage corporate respect for human rights, but it is clear that in
Myanmar, investment by ESG-labeled funds has little to do with how much consideration corporations
are actually giving to human rights. Yuka Kiguchi, Executive Director of Mekong Watch, stated: "ESG
investing is becoming increasingly popular in Japan, but not enough analysis is being done on what
exactly such investment is supporting. Regarding companies operating in Myanmar, individual projects
should be examined to ensure that funds do not flow to the military and that human rights and
environmental impacts are avoided.”..."
Source/publisher:
Mekong Watch
Date of entry/update:
2022-04-22
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"India must also stop Rohingya refugee deportations
As Boris Johnson arrives in India for a trade promotion visit, Burma Campaign UK called on the Prime Minister to call on Indian Prime Minister Narendra Modi to stop arms sales to the Burmese military, and to end deportations of Rohingya refugees.
India has been a longstanding supplier of arms and military equipment to the Burmese military, and was listed as an arms supplier in a recent report by the United Nations Special Rapporteur.
United Nations investigators have concluded that the Burmese military have committed war crimes, crimes against humanity and genocide. Countries supplying arms to the Burmese military are complicit in these crimes.
Since the attempted military coup on 1st February 2021, more than 1,700 people have been killed, more than 13,000 arrested and more than 550,000 people forced to flee their homes.
India abstained on a UN General Assembly Resolution last year condemning the military coup in February 2021. India has continued to promote business with the Burmese military and refuses to impose an arms embargo.
Hasina Begum, a Rohingya refugee registered with the UNHCR, was deported by the Indian government in March, after being held in detention for a year. Her husband and three children remain in India.
“Modi supplies arms to the Burmese military knowing that they are likely to be used against civilians,” said Anna Roberts, Executive Director of Burma Campaign UK. “Boris Johnson must call on Modi to stop arming the Burmese military, and to stop deporting Rohingya refugees.”
Several Indian companies are on the ‘Dirty List’ published by Burma Campaign UK, including Tata Group, which has supplied vehicles to the Burmese military. In the UK Tata is best known for its Tetley brand of tea..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-04-21
[field_licence]
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Business and the Military, The Burmese military's role in the economy, 2021 Burma/Myanmar coup d'état, India-Burma relations
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"On January 18, 2022, we sent a letter to 125 major institutional investors holding shares in four Japanese companies that continue to finance four problematic projects in Myanmar. The four Japanese companies are ENEOS Corporation, Sumitomo Corporation, Marubeni Corporation, and Mitsubishi Corporation. Because the four projects may be financially linked to the Myanmar military, the letter asked the investors to engage with the four companies to ensure that the companies do not provide any revenue to the Myanmar military, which would finance its international crimes and grave violations of human rights, including murder, persecution, arbitrary detention, sexual violence, forced disappearance, and torture.
Following this letter, to date we have received substantive responses from 13 investors, three of which stated that they engaged with one or more of the four companies after receiving our letter. Further, two other investors stated that they were already engaging with companies that were not included in our letter but regarding Myanmar.
Some European investors actively asked for further information and our view in order to engage with the companies. On the other hand, Japanese investors, with one exception, sent us feedback that did not correspond to our request, such as an explanation of the investor’s human rights policy. They also did not disclose details about their engagement with the companies, including whether they were engaging at all.
The four companies are involved in four projects in Myanmar: Thilawa Special Economic Zone (SEZ) development, Yetagun gas project, Landmark Project (Yoma Central Project), and Thilawa Area Port Terminal Operation Project.
Regarding the Yetagun gas project, Mitsubishi Corporation and ENEOS indicated through media reports after we sent our letter to investors that they are planning to withdraw from the project. However, we will continue to demand that the two companies take every measure to disengage from the project in a way that ensures that funds will not flow to the Myanmar military, and that they take responsibility for the decommissioning of the gas field, which is expected to be depleted in the near future.
The Thilawa SEZ Management Committee has a 10% stake in the Thilawa SEZ Development Project, and there is a possibility that a part of the dividend payments may flow to the Myanmar military. After the attempted coup, the military arrested and detained the chairperson of the Thilawa SEZ Management Committee and appointed a new chairperson. There are concerns that military involvement in the entire project may increase. The Japanese government has explained that the dividend payments are not being made for now and that the funds are being reinvested in the project, but it is unclear how long this measure can be taken.
The land for the Landmark Project (Yoma Central Project) is subleased from the state-run Myanma Railways. Although construction has been suspended, the military is in effective control of the Ministry of Rail Transportation which controls Myanma Railways, and there are concerns whether it is possible to ensure that the land lease payments do not flow to the Myanmar military.
Regarding the Thilawa Area Port Terminal Operation Project, because the military effectively controls relevant government ministries, it is not possible to reliably prevent payments under the concession contract with the Myanma Port Authority (MPA), such as usage fees, from flowing to the military.
In Myanmar, violence and human rights violations by the Myanmar military show no sign of stopping, and the number of victims of the military’s campaign of terror is increasing by the day. We call on investors to further engage with the four Japanese companies, and if the investee companies do not take steps to prevent the flow of revenue to the Myanmar military, to consider divestment..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-04-20
[field_licence]
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Other Special Economic Zones, Burma's economic relations with Japan, Business and the Military, The Burmese military's role in the economy
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New measure barring local possession of foreign currency threatens to alienate the few foreign investors left in the benighted nation
Description:
"After a year of political, social and economic self-destruction, Myanmar’s coup-installed junta appears now to be committing financial suicide.
On April 3, Myanmar’s central bank issued a directive requiring all Myanmar citizens to change their foreign currency holdings and transmittances from overseas into Myanmar kyats at state-licensed banks. The directive, published in state media and branded by critics as a desperate money grab, said the transfer must be done within “one working day.”
It is still unclear how the crude measure will be enforced and implemented but follow-up guidance has said that US dollars must be changed at a rate of 1,850 kyats to the greenback, yielding the central bank a windfall on the exchange at the prevailing market rate of 2,015 kyats to the dollar.
Other currencies will be calculated at similar, most likely unfavorable, rates dictated by the central bank. According to the World Bank, Myanmar’s foreign reserves stood at a mere US$7.8 billion as of December 2020, just over a month before the February 2021 coup and the last reliable public data on the country’s reserve position.
Myanmar’s foreign debt is estimated at between $10 and $11 billion. Western sanctions imposed in punitive response to the military’s seizure of power from Aung San Suu Kyi’s elected administration have targeted the military’s key economic interests and certain top personages.
According to the central bank’s first statement on the new measures, all transfers of foreign currency “must be carried out through [authorized] banks with the permission of the Foreign Exchange Supervisory Committee.”
All foreign currency account holders will also be forced to convert holdings acquired before April 3 into kyats, with a vague option to apply for an exemption to the new rules. It was also announced that some foreign currency may be kept in approved banks following approval by relevant authorities, including the Myanmar Investment Commission.
The foreign investment community is understandably up in arms over the surprise and draconian order.
On April 4, the Japanese Embassy sent a letter to the junta saying “Japanese companies operating in Myanmar will face serious challenges in following the new regulation, which will cause difficulties in continuing their businesses in the country. It will also be detrimental to the function of the Embassy of Japan and other official organizations.”
Two days later, the Singaporean Embassy issued an almost identical statement that merely changed “Japanese companies” to “Singapore companies.” Both embassies requested exemptions for companies from their respective countries, which are among Myanmar’s top providers of foreign investment.
On April 8, a dozen business groups — among them the French Myanmar Chamber of Commerce, AustCham Myanmar, EuroCham Myanmar, the British Chamber of Commerce in Myanmar, and the German Myanmar Business Chamber — issued a joint statement saying that the new foreign currency rule “needlessly lowers the living standards of the Myanmar people, halts foreign business activity, stops the flow of foreign direct investment (FDI), and creates trade tensions with other countries.”
Restriction on the use of foreign currencies, the statement noted, “disconnects Myanmar from the global economy and global financial system.”
According to well-placed sources in Yangon, not even local banks seem to know what the new rules actually mean, how they will be enforced by military authorities, and what will happen if the banks are deemed to have violated them.
Analysts and observers believe there are three main reasons behind what many see as a desperate move to gain access to foreign currency at a time the local economy has nearly collapsed due to the military’s February 2021 coup and the nationwide unrest that has followed.
The first and most obvious motivation stems from the fact the junta has nearly depleted its foreign reserves and desperately needs a way to earn, or in this instance, take foreign currency to avoid defaulting on foreign debts.
Another reason may be to control, and possibly strangle, money flows from foreign donors and exiled groups to anti-junta activists and civil society groups inside the country. The new measure will effectively make it illegal to hold foreign funds, making it easier for authorities to track and check transfers to such groups.
Only entities registered with authorities will be allowed to receive funds from abroad — and then that money would in any case have to be changed into kyats unless they have acquired an exemption from that rule.
But holders of kyat accounts may withdraw only 500,000, or the equivalent of less than US$250, per week under the military junta rules. That, of course, has raised the question of whether the central bank actually has enough kyat reserves to cover the conversion of all foreign holdings into local currency.
The third reason for the move became clear when the Japanese and Singaporean embassies issued their statements requesting exemptions from the new rules.
Inadvertently, perhaps, the pleas were made to the “Ministry of Foreign Affairs” of “The Republic of the Union of Myanmar” and thus amounted to de facto official recognition of the coup-installed government that has otherwise been shunned and sanctioned by the West.
Whatever the case, the economic and diplomatic benefits the junta may derive from the new rules are bound to be dwarfed by the negative consequences of such an ill-conceived measure to assert more military control over the economy.
It’s unclear if the Japanese and Singaporean companies that are still in the country since the coup will consider uprooting if not given the exemptions they have requested. The rules will also likely deter other foreign companies from investing in the country, which was already a tough sell amid the post-coup political upheavals and devastation caused by Covid-19.
But Myanmar needs more, not less, foreign investment to revive the economy.
The International Labor Organization (ILO) stated in a January 2022 report that Myanmar is on brink of economic collapse one year after the coup. According to the ILO, the country’s employment losses in 2021 amounted to 8% of the workforce, or 1.6 million lost jobs. It said Myanmar’s construction, garment, tourism and hospitality industries were among the hardest hit, as were rural farmers.
Similarly, the United Nations Development Program (UNDP) issued a statement in December 2021 that estimated “by early 2022, nearly half of Myanmar’s 55 million population — some 25 million people — will be living below the national poverty line. There now appears little doubt that the country’s poverty headcount is likely to return to levels not seen since 2005, effectively erasing 15 years of pre-pandemic economic growth.”
Kanni Wignaraja, director of the UNDP Regional Bureau for Asia and the Pacific, was quoted as saying: “A slide into poverty of this scale could mean the disappearance of the middle class – a bad omen for any rapid recovery from this crisis,” she noted.
In many ways, Myanmar’s broad economy, especially foreign-exposed sectors like tourism, was until now a dollar-based economy, with many transactions conducted in foreign rather than local currency.
Trying to eliminate that economy overnight, analysts and observers predict, is bound to put more strain on an already fragile economy that contracted 18% in the year ended September 2021. The World Bank predicted a paltry 1% growth on that contraction in 2022, though the projection was made before the de-dollarization measure was announced.
But Myanmar’s increasingly isolated generals may not care, particularly if they think sympathetic allies like China will turn the other cheek on the foreign currency measure and bail them out if the economy slips deeper into crisis.
The junta’s lurch towards de-dollarization might thus give rise to a new yuan-based financial order – and even greater dependence on Beijing..."
Source/publisher:
"Asia Times" (Hong Kong)
Date of entry/update:
2022-04-20
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"12 April 2022: Australian, Indian and Saudi Arabian Ambassadors should be deeply ashamed of holding meetings with the leader of the illegal military junta in Myanmar while his forces beat civilians to death, burned villages to the ground and abducted children, says the Special Advisory Council for Myanmar (SAC-M).
The people of Myanmar have been resisting a violent attempt by the Myanmar military to seize power over their country since it launched a coup in February 2021. Civil disobedience, strikes, protests and armed resistance prevented the coup from succeeding, while vast areas of the country are under the territorial and administrative control of groups that recognise the authority of the legitimate National Unity Government of Myanmar.
Despite this, Ambassadors to Myanmar, including the Australian and Indian Ambassadors, prematurely held meetings with the leader of the junta, Min Aung Hlaing. The official engagements were used as propaganda by the junta leader in his ongoing attempt to gain domestic legitimacy. India, Australia and Saudi Arabia have resisted calls to impose personal sanctions on Min Aung Hlaing and other junta leaders like those imposed by the UK, US, EU and Canada. The members of SAC-M have been calling for Min Aung Hlaing to be prosecuted for genocide since 2018.
“The Myanmar people are engaged in an all-out struggle to defend themselves and their democracy from an internal occupying force that is intent on forcing them to succumb to authoritarianism,” said Yanghee Lee of SAC-M. “Foreign Ambassadors and other government representatives that choose to meet with the leader of that occupying force as if he is leader of Myanmar, might as well turn their backs on the Myanmar people altogether.”
Untold sacrifices have been made by the Myanmar people in their struggle. Thousands have been murdered and almost half a million people displaced as junta forces continue to wage a brutal campaign of terror involving mass murder, torture, arson, sexual and gender-based violence, enforced disappearance and arbitrary detention.
The junta continues to launch devastating airstrikes on civilian targets including displacement camps, schools, hospitals and places of worship while on the ground its troops commit regular massacres of unarmed civilians that have included the burning alive of children.
“The junta is waging a war against the people. The atrocities are not side effects of the conflict but part of a deliberate assault on the population,” said Marzuki Darusman of SAC-M. “If the world truly stands for the rule of law, the principles of humanity and the fundamental right of all peoples to determine their own future, then equal action must be taken to defend those values wherever they are under threat – not hypocritical complicity with the very villains that would seek to stamp them out.”
The National Unity Government should be recognised as the legitimate government of Myanmar, according to internationally accepted criteria. SAC-M is calling for the international community to recognise the National Unity Government and work with it to end the crisis in Myanmar, to cut the supply of arms and cash to the illegal military junta and to refer the situation in Myanmar to International Criminal Court.
“The people of Myanmar will succeed in this fight for their country and their freedom,” said Chris Sidoti of SAC-M. “The question is, how will history judge the rest of the world when the records of these years are written?”..."
Source/publisher:
Special Advisory Council for Myanmar
Date of entry/update:
2022-04-12
[field_licence]
Type:
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Category:
2021 Burma/Myanmar coup d'état, Anti-coup protesters, Business and the Military, Sanctions, Human Rights Defenders
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"Strapped for hard currency, the Myanmar junta has moved to seize foreign currencies in the country by ordering that foreign exchange earned by locals must be converted into the local currency at the “official rate” within “one working day.”
Financial experts and the business community voiced concern that the order would not only hurt the country’s US dollar-dependent export-import industry, but also worsen inflation, adding to the already severe burden on the people of Myanmar, whose economy has been in a downward spiral since the military coup in February last year.
In a notice dated April 3, the junta-controlled Central Bank of Myanmar said foreign currencies must be deposited in accounts at licensed banks and exchanged for the local currency within 24 hours. It said the new directive would also apply to foreign currency that came into the country before April 3.
Those who fail to comply would face legal action under the Foreign Exchange Management Law, it said.
The central bank’s official exchange rate is currently 1,850 kyats per US dollar. However, the rate is around 2,050 in the market, meaning exporters and foreign currency account holders will be hurt by the new policy.
The regime didn’t offer any reason for the order.
However, financial experts suggested the new policy showed the regime is suffering a dollar deficit and is desperate for hard currency to pay its debts—estimated to amount to at least US$10 billion—and purchase key supplies such as oil, gas and weapons, mainly to combat the growing armed resistance in the country.
Myanmar’s military regime has been hit hard by a series of international sanctions over the coup it staged against the democratically elected government last year, and its subsequent brutal crackdown on protesters. So far the junta has killed more than 1,700 people. The takeover also prompted the departure of foreign investment from industries ranging from brewing to the energy sector, leaving the country’s economy in disarray. International assistance programs have also been put on hold since the coup.
“They cannot get loans from the World Bank, ADB [Asian Development Bank] and JICA [Japan’s development agency] and the exemption period to pay back loans due to COVID-19 will end soon. So, they need to repay the loans. That’s why they want to control the US dollars in the country,” a local observer said.
The central bank has not imposed restrictions on dollar transactions since 2012; anyone in the country had been able to buy and sell dollars freely since then.
“But now, once you deposit the foreign currency at the bank, it is automatically bought at 1,850 kyats per dollar. You have no choice,” said local businessman Dr. Soe Tun.
One economist who asked for anonymity said the move could see the country’s exports grind to a halt, and may ultimately affect agricultural produce growers, who depend on imported fertilizer.
“Not only exporters, but also local farmers that grow export items will be hit as a result. How much foreign currency does the central bank still have? And can the bank manage it? It appears that the bank can’t. Its new policy will only worsen the situation. As far as I know, they are still holding one meeting after another on how to proceed with its policy,” he told The Irrawaddy.
Furthermore, Myanmar’s banking sector has been in chaos following the coup. Shortly after the coup, the central bank limited cash withdrawals from banks and automated teller machines, restricting the cash flow as many customers rushed to take out their money fearing the possible economic consequences of the takeover. The bank has eased restrictions over the past year, but still, individuals, unable to withdraw as much money as they want from their savings accounts in banks, have to pay around 3 percent to mobile money agents in order to withdraw cash from their mobile wallets. In the early days after the coup, they were paying at least 7 to 10 percent.
A local financial expert said the central bank’s new policy would push dollar exchange transactions into the black market, as the bank cannot sell all the US dollars that import companies need.
“The importers will have to struggle to get US dollars on the black market at a higher price. As a result, the cost of their products will be high and inflation will rise,” he said..."
Source/publisher:
"The Irrawaddy" (Thailand)
Date of entry/update:
2022-04-06
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"The Myanmar military regime’s recent order halting all jade mining in Kachin State was issued with the aim of putting pressure on the Kachin Independence Army (KIA), according to Colonel Naw Bu, the ethnic armed group’s information officer.
Myanma Gems Enterprise, a state-owned company under the Ministry of Natural Resources and Environmental Conservation, announced in the March 31 issues of the regime’s newspapers that jade mining in Lone Khin, Hpakant, Maw Lu and Maw Han will no longer be allowed so that, it said, the country’s precious resources can be conserved for succeeding generations, and the environment and the safety of jade miners can be protected.
The KIA is still considering how to respond to the jade mining ban in Kachin. In the meantime, it will wait and see what the regime does to companies that fail to comply with the order.
“We will wait and see. Many people from across Myanmar make a living in Hpakant. So, their order will only hurt the people, and we will see if miners follow their instruction. I think the ban will further aggravate the problem,” Col. Naw Bu said, referring to the adverse consequences on the hundreds of thousands of people working there, and the many more engaged in the jade industry.
A jade miner in Kachin State said most of the jade mining companies in Kachin State pay tax to the KIA.
“Most of the jade mines here are under the control of the KIA. Even the military-linked companies have to pay tax to the armed group. So, [the regime] does not want others to benefit from [mining] while it can’t. It assumes that the profits from jade mines will go to the resistance movement and is therefore trying to disrupt the business,” he said.
Jade is the main source of income for the KIA, which is fighting for greater autonomy in Kachin State. The trade is also responsible for decades-long tensions between the KIA and Myanmar’s military, which battle for control of jade revenues.
The armed group has publicly opposed the military regime since its coup last year, and also trained and armed local resistance groups, collectively known as the People’s Defense Force (PDF), which are fighting the regime.
A political analyst said the regime imposed the ban to stretch the finances of the KIA and the PDF.
“As all the companies have to pay tax to the KIA in their transactions, [the regime has imposed the ban] to cut the cash flow to the KIA and PDF,” he said.
“But in Hpakant alone, there are nearly 500,000 prospectors. And it is not an easy task for the military to drive all of them out of the mines. As a result, illegal mining and the illegal market will re-emerge, as in the past,” he added.
A source close to jade miners shared the view that the ban will only create an illegal market.
“If jade mining is criminalized, it will create problems for scavengers. They can be arrested for illegal possession of stones,” he said..."
Source/publisher:
"The Irrawaddy" (Thailand)
Date of entry/update:
2022-04-05
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"The NUG and the people of Myanmar welcome the new sanctions by the US, Canada and the UK. We know in these trying international times that it is easy for countries to forget about a place like Myanmar and focus on the atrocities in Ukraine. While we stand with the people of Ukraine and the West, we are heartened to be reminded that they also stand with us.
On March 25th the UK, Canada and the US imposed sanctions focused on private companies involved in the supply of arms and equipment to the junta, in particular the air force.
These sanctions against the people who provide support to the military are especially important as the junta in Myanmar remains as one of Russia’s main allies and supporters in its aggression on Ukraine. As often as they can, they use the money they steal, sometimes by violent or bloody means, from the people to give to Russia in exchange for further weapons they can use for the citizens of Myanmar.
The military remains firm in its goal to kill or subjugate every human being within Myanmar. Their goal of a slave state of 54 million people has not abated. We must all hold firm against them and return democracy into the hands of the people..."
Source/publisher:
Dr. Sasa via Ministry of International Cooperation Myanmar
Date of entry/update:
2022-03-30
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Sub-title:
Betting on ASEAN’S Fruitless Diplomacy Undermines International Action
Description:
"Days after the Myanmar military coup on February 1, 2021, the Japanese and Australian governments publicly “confirmed” they would “closely coordinate together regarding the situation in Myanmar.” Since then, they have repeatedly expressed “grave concerns” about human rights abuses in Myanmar while pledging to “work together closely.”
On March 3, Australia adopted new regulations that give it the ability to sanction Myanmar entities and individuals connected to the junta. This is long overdue given that in the past year Myanmar’s military has killed 1,700 people and arbitrarily arrested thousands. Sadly, it’s still an open question whether Australia or Japan will do much more than continue to talk tough and do little about the region’s deepening human rights crisis.
The two regional partners have taken some small steps on Myanmar. Japan issued statements condemning the coup and froze new non-humanitarian aid, while its Diet passed a resolution calling for the restoration of a democratic system. Similarly, Australia redirected its aid program away from junta-related entities and suspended its defense cooperation with Myanmar. A parliamentary committee examining Australia’s response to the coup urged the government to further pursue the restoration of civilian rule as a foreign policy objective.
However, Tokyo and Canberra have failed to coordinate with democratic allies such as the United Kingdom, United States, European Union, and Canada in taking further concrete action to pressure the Myanmar military, or Tatmadaw. Rather than imposing targeted sanctions on military leaders and military-owned entities, as the four allies have done, Japan and Australia have effectively bet all their chips on the Five-Point Consensus of the Association of Southeast Asian Nations (ASEAN) and the principle of “ASEAN centrality.” It’s been a losing bet.
Since ASEAN released its five-point consensus last April, there has been no progress on any of the listed issues. The junta has been unwilling to meet even ASEAN’s low bar, and instead has exploited the international community’s deference to ASEAN to keep delaying any substantive action. Meanwhile, Tokyo and Canberra conveniently hide behind the ASEAN fig leaf, refraining from enacting targeted sanctions, and thus undermining the international community’s efforts to hold the Tatmadaw accountable for its atrocities.
In late March 2022, Cambodia’s foreign minister and ASEAN’s special envoy, Prak Sokhonn, met Myanmar military leader Min Aung Hlaing to advocate for the five-point consensus, including a ceasefire. However, Prak Sokhonn himself claimed there was little progress. Myanmar’s junta barred Sakonn from meeting with Aung San Suu Kyi and other imprisoned leaders of the National League for Democracy party, which won the November 2020 election in a landslide.
In January, the United Nations high commissioner for human rights, Michelle Bachelet, said that “the actions taken by the U.N. Security Council and by ASEAN have been insufficient to convince Myanmar’s military to cease its violence.” Tokyo and Canberra should heed her call.
Since early 2021, Japan’s ruling and opposition lawmakers have discussed passing a U.S. Magnitsky-style law, which would allow the Japanese government to sanction violators of international human rights outside of the country. Late last year, Prime Minister Kishida Fumio said he will continue to “consider” such a law. Lawmakers have also advocated using the Foreign Exchange and Foreign Trade Act, predominantly used to sanction human rights violators in response to U.N. Security Council resolutions.
But the Japanese government remains passive about imposing sanctions. Last April, then-Foreign Minister Motegi Toshimitsu disparaged the idea of coordinating with other countries to sanction Tatmadaw leaders, claiming without evidence that it would not lead to a “productive outcome.”
Australia, meanwhile, passed the Autonomous Sanctions Amendment Act in late 2021, enabling the government to impose targeted financial sanctions and travel bans. The government said that the new law will allow it to “respond more flexibly and swiftly to a range of situations of international concern, including in collaboration” with Australia’s close allies and partners when in the national interest. Despite pressure from civil society groups and opposition politicians, the government has been unwilling to use the new measures against the Myanmar junta.
The Australian government has said that Myanmar’s junta is “impervious” to international pressure and that sanctions would provide “very little, if any, positive impact to the people on the ground.” But this ignores calls by Myanmar’s people for targeted sanctions and the tangible role that sanctions played in the previous decade in pressuring the military to embark on the reform process. In their decision to embrace Myanmar’s shaky democratization, other governments eased the pressure too early.
Past blanket sanctions were devastating for ordinary people in Myanmar, meaning that coordinated and targeted sanctions with robust enforcement will be key. The military’s financial interests and relationships have become more integrated into the global economy, offering even greater opportunities for effective sanctions.
With the necessary laws in place, the stage is set for Japan and Australia to do more than simply deflect and defer to ASEAN. Tokyo and Canberra should swiftly place targeted sanctions against Tatmadaw leaders and military-owned entities. In addition to sanctions, the two democracies should also push other governments to support a U.N. Security Council resolution calling for an arms embargo on Myanmar. Myanmar’s junta needs to be shown there are both immediate and longer-term consequences for their grievous abuses..."
Source/publisher:
The Diplomat via Human Rights Watch
Date of entry/update:
2022-03-28
[field_licence]
Type:
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Sanctions, Business and the Military, 2021 Burma/Myanmar coup d'état, The Burmese military's role in the economy, Human Rights and international relations
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"Russia remains a major supplier of arms and dual use goods for the Myanmar military, aiding and abetting the military’s genocide, war crimes and crimes against humanity.
Justice For Myanmar demands international action to stop the trade, and has documented 19 companies that have supplied Myanmar since 2018, which must be sanctioned.
These include multiple subsidiaries of the state-owned arms giant, Rostec, as well as manufacturers of missile systems, radar and police equipment. Many of the companies have exported to Myanmar since the military’s illegal attempted coup.
Rostec, whose international trade arm, Rosoboronexport, has a representative office in Myanmar, is a key partner of the Myanmar military, with subsidiaries providing fighter jets, helicopters, surface-to-air missiles and unmanned aerial vehicles (UAV).
One subsidiary of Rostec, United Aircraft Corporation (UAC), has a partnership with the French arms maker Thales. Thales did not respond to questions from Justice For Myanmar regarding their business with UAC.
Other companies include JSC Tactical Missiles Corporation, which supplied an OKA-E-1 aircraft guided weapons preparation system to the Myanmar military in 2019, AO Gorizont, which has provided Austrian UAV parts to the UK-sanctioned arms broker Miya Win International, and GS Group, which has provided a broadcasting production system for the army’s psychological warfare directorate.
According to records from the trade database ImportGenius and leaked documents, Russian companies supply both the Myanmar military directly and via private Myanmar military brokers.
Many of the brokers have branches in Singapore to facilitate payments. Justice For Myanmar continues to demand sanctions against Myanmar military arms brokers and calls on the Singapore government to stop the use of its territory for Myanmar military arms purchases.
Justice For Myanmar spokesperson Yadanar Maung says: “Russia’s arms industry earns big profits from the Myanmar military’s atrocities.
The same Russian arms industry that supplies the terrorist Myanmar military is manufacturing the arms that are enabling Russia’s unprovoked aggression against Ukraine.
A year ago today, the Myanmar military murdered more than 160 people while the generals celebrated Armed Forces Day with Russia’s Deputy Defence Minister.
In response to the Myanmar military’s March 27, 2021 massacre, and the many others who have been murdered by junta forces on the streets and in indiscriminate airstrikes and shelling with Russian arms and equipment, we call on the international community to take decisive action against the Russian arms industry.
Impose a global arms embargo on the Myanmar military junta and targeted sanctions on all Russian companies supplying the Myanmar military.
It’s time to hold arms traders accountable for aiding and abetting international crimes.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-03-27
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Business and the Military, Sanctions, Sanctions - general
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"On March 25, it was reported in the media that ENEOS Holdings decided to disengage from the Yetagun gas project in Myanmar. The Japanese government (Ministry of Economy, Trade and Industry) is also reportedly planning a withdrawal. This follows media reports in February that Mitsubishi Corporation decided to leave the project. Though much too late, it is a measure of progress that the Japanese investors are moving toward disengaging from this problematic project. However, Mekong Watch, Friends of the Earth (FoE) Japan, and Justice for Myanmar (JFM) remain concerned whether the disengagement will be conducted in a responsible manner.
Mekong Watch, FoE Japan and Justice For Myanmar, again strongly urge the Japanese government, ENEOS (through its subsidiary JX Nippon Oil & Gas Exploration), and Mitsubishi Corporation to responsibly disengage from the project, after appropriate steps are taken to close the field, which is predicted to be near depletion. That would ensure future revenues do not flow to the Myanmar military, and that continued human rights and environmental impacts are avoided.
Japan's government and corporations have been deeply involved in the Yetagun field which began production in 2000, and have been complicit in the project’s severe human rights impacts. JX Nippon Oil & Gas Exploration (a wholly-owned subsidiary of ENEOS) and its predecessor acquired rights to three offshore blocks in 1991-92 and developed the Yetagun field. Litigation documents and reports by NGOs have shown that in the late 90s, in order to "secure" the pipeline corridor to transport gas from the fields to Thailand, the Myanmar military was deployed along the pipeline route and subjected local ethnic communities to forced relocation, forced labor, looting, rape, and extrajudicial killings.
The Yetagun project is currently operated by a consortium led by Malaysian state-owned Petronas Carigali, Thailand’s PTTEP, Japan’s Nippon Oil Exploration (Myanmar), with the military-controlled Myanma Oil and Gas Enterprise (MOGE). Nippon Oil Exploration (Myanmar) in turn is jointly held by the Government of Japan through the Minister of Economy, Trade and Industry (50%), JX Nippon Oil & Gas Exploration (40%), and Mitsubishi Corporation (10%, acquired in 2013).
Revenues from gas fields developed since 2000 have generated significant income for the Myanmar military. Since the attempted coup d'etat in 2021, we have consistently maintained that doing business with the military-controlled MOGE finances the military. Mekong Watch, FoE Japan and Justice For Myanmar have been requesting the Japanese stakeholders including ENEOS to ensure that revenue from the project will not flow to the military, and to disclose the payments they have made or plan to make in connection with the project. However, none of the Japanese investors have taken specific measures or disclosed any information about payments.
In December, leaked documents published by Justice For Myanmar showed that the illegitimate junta leadership expressed strong interest in payments from the Yetagun project owed to MOGE.
While under control of the illegal military junta, MOGE cannot take appropriate measures towards closing the gas field in an environmentally responsible way, which is likely to be costly. The Japanese investors have profited from this project, and should fulfill their responsibilities in cooperation with other project partners until the gas field is responsibly closed.
We will continue to closely monitor the project until responsible disengagement is complete.
Yuka Kiguchi, Director of Mekong Watch, stated, “The Yetagun project has generated significant revenue for the Myanmar military for most of its production period. ENEOS must take responsibility for having benefited the military through payments to MOGE, but this cannot be done by simply withdrawing from the project. ENEOS must disengage with consideration for human rights and the environment based on the ENEOS Group Human Rights Policy.”
Yadanar Maung, Justice For Myanmar spokesperson, commented, “We cautiously welcome ENEOS’ and the Government of Japan’s decision to withdraw and call on them to exit responsibly, ensuring that the illegal junta does not profit from their divestment. In the process of withdrawal, ENEOS and the Government of Japan must engage with the National Unity Government, which is the legitimate government of Myanmar, and stop treating the illegal junta as a government. The junta is a terrorist organistion that uses gas revenues to commit atrocity crimes with total impunity.”..."
Source/publisher:
Friends of the Earth Japan, Justice For Myanmar and Mekong Watch
Date of entry/update:
2022-03-26
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"Justice For Myanmar welcomes the latest coordinated sanctions as the illegal Myanmar military junta prepares to celebrate Armed Forces Day, a year after they massacred more than 160 people.
The sanctions include major Myanmar arms brokers who are directly complicit in and profit from the Myanmar military’s atrocity crimes.
Arms dealers sanctioned in one or more jurisdictions include Aung Hlaing Oo and his company Myanmar Chemical & Machinery; Naing Htut Aung and his company, International Gateways Group; Dr Aung Moe Myint and his company, Dynasty International; and Sit Taing Aung and his company, Yatanarpon Aviation Support.
Sit Taing Aung is Mexico’s Honorary Consul to Myanmar. Justice For Myanmar calls on the Mexican government to immediately remove him from his position.
Miya Win International, a Myanmar arms trader with links to Austria and Germany, was sanctioned by the UK.
The US sanctioned the crony conglomerate Htoo Group, which provides arms and revenue to the terrorist military junta.
The junta’s air force chief, General Htun Aung, was also sanctioned. Htun Aung is responsible for the indiscriminate airstrikes terrorising communities across Myanmar, and must be held accountable for war crimes and crimes against humanity.
Justice For Myanmar spokesperson Yadanar Maung says: “These new sanctions are an important step to disrupt the supply of arms and dual use goods that continue to flow to the terrorist Myanmar military junta.
However, more urgently needs to be done to stop the military’s indiscriminate airstrikes, shelling, killings, forced displacement, arbitrarily arrests, torture and rape.
Oil and gas remain the junta’s biggest source of foreign. We call on the US to follow the European Union in imposing targeted sanctions on Myanma Oil and Gas Enterprise (MOGE).
The junta’s indiscriminate airstrikes are enabled by the undisrupted supply of jet fuel. We call for urgent sanctions to stop the sale of jet fuel to Myanmar.
These sanctions yet again highlight the appalling inaction of regional democracies, which have failed to impose targeted sanctions in response to the military’s illegal attempted coup.
We call on Australia, India, Japan and South Korea to stand with the people of Myanmar and impose sanctions to stop the flow of arms and funds to the junta."..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-03-26
[field_licence]
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Individual Documents
Category:
Business and the Military, Sanctions, Oil and gas
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"Media release from Burmese Rohingya Organisation UK
The Burmese Rohingya Organisation UK (BROUK) today welcomed a fresh round of sanctions against Myanmar military leaders, military-affiliated cronies and businesses, as well as a military unit, by the United States, United Kingdom and Canada. The announcement came ahead of Myanmar’s Armed Forces Day, on March 27.
The United States announced sanctions against five individuals and five entities connected to the military regime, including the 66th Light Infantry Division, one of the junta’s notorious shock troops, while the United Kingdom sanctioned two individuals and three companies “responsible for supplying the Myanmar military regime with weapons and equipment”, and also designated the military’s new Head of Air Force. Canada sanctioned four individuals and two business entities.
“Cutting sources of revenue and arms to the military is essential, so these new sanctions are very welcome,” said Tun Khin, President of BROUK. “The USA, UK and Canada have the right strategy in sanctioning the military and its allies but the sanctions are coming too slowly. They need to increase the pace of sanctions and expand the scope to include gas revenue and aviation fuel.”
The sanctions announcements come days after the United States designated the military’s campaign of violence against the Rohingya a genocide, an announcement made at the US Holocaust Museum in Washington DC.
“Targeted economic sanctions are just one tool, and we need to see other tools used such as support for international justice mechanisms like referring Burma to the International Criminal Court, and joining or financing the genocide case at the International Court of Justice,” said Tun Khin. “The United States’ genocide declaration this week was welcome recognition for the suffering us Rohingya have endured, but it must amount to more than words, and be turned into concrete actions that ultimately remove this junta from power.”
Those who had their assets frozen by the US, UK and Canada include Aung Moe Myint, director of Dynasty International Company, Aung Hlaing Oo, managing director of Myanmar Chemical Machinery Co Ltd, as well as General Htun Aung, the newly-appointed Commander-in-Chief of the Myanmar Air Force.
“The military have not been able to establish control since the attempted coup and are vulnerable to pressure if it can be applied fast enough. We need to cut arms, cut revenue, deny legitimacy, ensure accountability and increase humanitarian and political support to the people of Burma,” said Tun Khin. “The USA, UK and Canada are moving in the right direction but crawling instead of racing.”..."
Source/publisher:
Burmese Rohingya Organisation UK
Date of entry/update:
2022-03-25
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Type:
Individual Documents
Category:
Business and the Military, Sanctions, Genocide, International Criminal Court (Myanmar), International Court of Justice (ICJ) - Myanmar
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"Burma Campaign UK today welcomed a new round of sanctions against the Burmese military, this time targeting the air force and its suppliers.
The statement by the Foreign, Commonwealth and Development Office is available here.
Airstrikes by the Burmese military take place almost every day, and have caused a human rights and humanitarian crisis. The majority of around 550,000 people forced to flee their homes since the attempted coup last year are displaced because of airstrikes or the threat of airstrikes. Airstrikes deliberately target civilians and often take place at night when they know people are home and more people will be injured or killed.
Those sanctioned in the new round are:
General Htun Aung: Commander-in-Chief of the Myanmar Air Force
Dr Aung Moe Myint: Director of Dynasty International Company Ltd, and Dynasty International Company Ltd
Aung Hlaing Oo: Managing Director of Myanmar Chemical and Machinery Co Ltd (MCM), and MCM.
Miya Win International Ltd
These private Burmese companies are involved in the supply of arms and equipment to the Burmese military, and in particular to the air force.
The sanctions were imposed in coordination with Canada and the USA, which also imposed new sanctions today.
“Stopping Burmese military airstrikes is the most urgent priority, and it is very good to see the British government begin the process of targeting suppliers to the air force,” said Mark Farmaner, Director of Burma Campaign UK. “We also need to see urgent action by the British government to help stop the flow of aviation fuel to the Burmese military. If the jets can’t fly, they can’t bomb.”..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-03-25
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"The Honourable Mélanie Joly, Minister of Foreign Affairs, today announced Canada is imposing targeted sanctions under the Special Economic Measures (Burma) Regulations against individuals and entities responsible for procuring and supplying arms and military equipment to the military regime in Myanmar, as well as the Commander of the Air Force.
The announcement of these latest sanctions, in coordination with the United Kingdom and the United States, underscores our continued support to the people in Myanmar in the face of the brutality of the armed forces and our resolve to bring the regime to full account. The announcement coincides with Armed Forces Day in Myanmar on March 27, which in 2021 was one of the bloodiest days of protest following the coup.
Since the coup on February 1, 2021, the use of lethal weapons by the regime has led to the death of more than 1,600 civilians and displaced over 440,000 people from their homes. Despite repeated calls to cease violence, to release all of those arbitrarily detained and to allow immediate unrestricted humanitarian access, the regime has continued to commit gross human rights violations and inflict terror against its own people with complete impunity and disregard for their suffering.
The appalling breadth and scale of atrocities by the regime are detailed in a recent report from the UN High Commissioner for Human Rights suggesting that these atrocities may amount to war crimes and crimes against humanity.
Canada strongly condemns the bombardment of populated areas with air strikes and heavy weapons and the arbitrary detention, torture and mass killing of civilians, all of which has deepened the humanitarian crisis. Canada reiterates its call and urges all countries to halt all operational support and to cease the direct and indirect supply, sale or transfer of all weapons, munitions, military equipment and material, dual-use equipment, and technical assistance to the Myanmar armed and security forces and their representatives to prevent further atrocities..."
Source/publisher:
Government of Canada
Date of entry/update:
2022-03-25
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"Today the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated five individuals and five entities connected to Burma’s military regime pursuant to Executive Order (E.O) 14014. This action comes as the regime prepares to mark the 77th Armed Forces Day. The United States has concluded that the Burmese military committed genocide, crimes against humanity, and ethnic cleansing against Rohingya. The military has committed atrocities and other abuses against members of other ethnic and religious minority groups for decades. Following the February 1, 2021, coup that overthrew Burma’s democratically elected civilian government, the military committed numerous atrocities against the people of Burma, including the violent repression of political dissent and violence against innocent people, including at pro-democracy protests during last year’s Armed Forces Day that killed more than 100 people.
“Brutality and oppression have become trademarks of the Burmese military regime’s rule,” said Under Secretary of the Treasury for Terrorism and Financial Intelligence Brian E. Nelson. “Treasury is committed to holding accountable those who are responsible for the ongoing violence and repression. We will continue to support the people of Burma, including those who are courageously standing in opposition to the military.”
THE BURMESE MILITARY
As part of today’s action, OFAC designated pursuant to E.O. 14014 the 66th Light Infantry Division (66 LID), a military unit based in Pyay Township, for being responsible for or complicit in, or having directly or indirectly engaged or attempted to engage in, the torture of any person in Burma or other serious human rights abuse in Burma. Members of the 66 LID have been accused of carrying out the Christmas Eve massacre in 2021, where civilians in Pyay and Hpruso Townships of Karen State were captured, tortured, and killed, including some whom members of the military reportedly burned alive. Multiple reports have counted women, children, and humanitarian workers among the casualties.
In addition to the 66 LID, OFAC has designated two individuals for being leaders or officials of the military or security forces of Burma. This includes Brigadier-General Ko Ko Oo, who serves as the Commander of Central Command and the head of the Ministry of Defense’s Technologies Department, and Major-General Zaw Hein, who serves as the Commander of the Nay Pyi Taw Command.
SUPPORT TO THE BURMESE MILITARY
Arms Dealers
OFAC designated the following individuals and related entities in connection with providing arms and equipment to Burma’s military regime.
Naing Htut Aung is designated pursuant to E.O. 14014 for operating in the defense sector of the Burmese economy. Naing Htut Aung is an arms dealer who has procured equipment from Chinese companies and has strong ties to members of the Burmese military leadership, including Senior-General Min Aung Hlaing, who was previously designated on February 11, 2021, for being a leader or official of the Burmese military. His firm International Gateways Group of Company Limited is designated pursuant to E.O. 14014 for being owned or controlled by Naing Htut Aung.
Aung Hlaing Oo is designated pursuant to E.O. 14014 for operating in the defense sector of the Burmese economy. Aung Hlaing Oo has been a central figure in planning to set up a manufacturing facility in Burma with his company Myanmar Chemical & Machinery that would produce military arms and equipment for both domestic use and export, particularly tanks and mortars in conjunction with the previously designated Directorate of Defense Industries. Myanmar Chemical & Machinery is designated pursuant to E.O. 14014 for being owned or controlled by Aung Hlaing Oo.
Sit Taing Aung is designated pursuant to E.O. 14014 for operating in the defense sector of the Burmese economy. Sit Taing Aung has used his companies as fronts to broker arms deals for the Burmese military. He has close ties to members of the Burmese military leadership and other major arms suppliers, including Aung Hlaing Oo and Naing Htut Aung.
Companies owned by blocked individuals
Finally, the following entities are owned or controlled by, or have acted or purported to act for or on behalf of, directly or indirectly, a person whose property and interests in property are blocked pursuant to E.O. 14014.
Htoo Group of Companies is designated pursuant to E.O. 14014 for being owned or controlled by Tay Za, who was previously designated on January 31, 2022, for operating in the defense sector of the Burmese economy. Asia Green Development Bank Ltd is subsequently designated pursuant to E.O. 14014 for being owned or controlled by the Htoo Group of Companies.
SANCTIONS IMPLICATIONS
As a result of today’s action, pursuant to E.O. 14014, all property and interests in property of the persons named above that are in the United States, or in the possession or control of U.S. persons, are blocked and must be reported to OFAC. In addition, any entities that are owned, directly or indirectly, 50 percent or more by one or more blocked persons are also blocked.
Unless authorized by a general or specific license issued by OFAC, or otherwise exempt, OFAC’s regulations generally prohibit all transactions by U.S. persons or within (or transiting) the United States that involve any property or interests in property of designated or otherwise blocked persons. The prohibitions include the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any blocked person or the receipt of any contribution or provision of funds, goods, or services from any such person.
U.S. sanctions need not be permanent. Sanctions are intended to bring about a positive change of behavior. Consistent with the findings of Treasury’s Sanctions Review, the removal of sanctions is available for persons designated under E.O. 14014, who take concrete and meaningful actions to restore the path to democracy and disassociate themselves from the military-led government in Burma.
For detailed information on the process to submit a request for removal from an OFAC sanctions list..."
Source/publisher:
United States Department of the Treasury (USA)
Date of entry/update:
2022-03-25
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Individual Documents
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Business and the Military, Sanctions, 2021 Burma/Myanmar coup d'état, The Burmese military's role in the economy
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UK announces new sanctions against Myanmar military ahead of Myanmar Armed Forces Day
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"new designations target arms dealers and companies responsible for supplying weapons to the military
Minister for Asia condemns the military’s use of violence and calls for return to democracy
Two individuals and 3 companies responsible for supplying the Myanmar military regime with weapons and equipment have been sanctioned, the UK government has announced today. The UK has also designated the new Head of Air Force who was recently appointed to the State Administration Council.
The move comes ahead of Myanmar Armed Forces Day this weekend. On Armed Forces Day last year, the Myanmar military killed over 100 civilians, in what is regarded as the bloodiest day since the coup in February 2021.
New sanctions, freezing assets and banning travel to the UK, will be brought against Dr Aung Moe Myint, Aung Hlaing Oo and General Htun Aung.
Dynasty International Company Ltd, Myanmar Chemical and Machinery Company Ltd, and Miya Win International Ltd will also have their assets frozen. The UK has worked closely with partners in the US and Canada to coordinate this latest round of action.
Minister for Asia Amanda Milling said:
The Myanmar military has shown no signs of stopping its brutal campaign of violence against the people of Myanmar, who continue in their fight for democracy.
These sanctions target those who are instrumental in supplying the military with weapons that facilitate these abuses across the country.
Working with like-minded countries, the UK will always defend the right to freedom, democracy, rule of law and hold to account this suppressive, brutal regime.
The Myanmar military continue to use violence against civilians, including indiscriminate airstrikes, village burnings, and the suppression of the opposition movement.
The individuals and entities listed are responsible for facilitating this violence, including through supplying the military with weapons and services that have increased their ability to commit human rights violations.
These designations demonstrate the UK’s commitment to identifying and cutting off, the military’s supply of weapons and equipment from abroad.
The UK strongly condemns those countries who continue to facilitate the flow of arms to the military regime.
These countries share a responsibility for the brutal violence meted out by the Myanmar military.
The UK will continue to coordinate with allies, to push for an end to violence, the full implementation of the ASEAN Five Point Consensus, and immediate humanitarian access to those in need of lifesaving aid.
Background
Those sanctioned today are:
Dr Aung Moe Myint: Director of Dynasty International Company Ltd, responsible for procurement of arms for the Myanmar military. He is also Honorary Consul of Belarus to Myanmar, and the representative of the Belarusian Chamber of Commerce and Industry in Myanmar
Aung Hlaing Oo: Managing Director of Myanmar Chemical and Machinery Co Ltd (MCM). Through his control of MCM, he has acted as a key source of weapons and commercial support for the junta. He is also an associate of Commander-in-Chief and coup leader, Min Aung Hlaing
General Htun Aung: Newly-appointed Commander-in-Chief of the Myanmar Air Force. He is also a Director of Myanmar Economic Holdings Public Company Ltd – a major conglomerate ran by the Myanmar military and sanctioned by the UK, United States and European Union for financing the military’s human rights violations
Dynasty International Company Ltd: an importer and broker of arms imports to Myanmar. It has been responsible for the supply and upkeep of military and training aircrafts for the Myanmar Air Force, including since the February 2021 coup
Myanmar Chemical and Machinery Company Ltd: acts as a key source of weapons and commercial support for the junta
Miya Win International Ltd: responsible for ongoing activity in brokering deals for the supply and upkeep of aircraft for the Myanmar Air Force. It has continued to support the Myanmar Security Forces since the coup in February 2021..."
Source/publisher:
Govt. UK (London)
Date of entry/update:
2022-03-25
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Category:
Business and the Military, Sanctions, The Burmese military's role in the economy, 2021 Burma/Myanmar coup d'état
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"Following the US determination that genocide has been committed against the Rohingya, Burma Campaign UK today renewed calls to American companies to cut all ties to the Burmese military.
The determination of genocide is an important acknowledgment of the crimes being committed against the Rohingya, and must act as a catalyst for action to cut the supply of money, arms and aviation fuel to the Burmese military.
Burma Campaign UK publishes a ‘Dirty List’ of companies linked to the Burmese military or human rights violations in Burma.
Nine American companies are on the ‘Dirty List’. They are:
Alphabet/Google: The Google Play app store hosts around ten apps for the Burmese military joint venture mobile phone network Mytel. The apps are a critical part of Mytel marketing and customer recruitment strategy.
Apple: The Apple App Store hosts around seven apps for the Burmese military joint venture mobile phone network Mytel. The apps are a critical part of Mytel marketing and customer recruitment strategy.
Cloudflare: Provide website security services for several Burmese military websites, including the Myanmar Police Force, which rapes and kills political activists, the military-owned Innwa Bank, owned by the sanctioned Myanmar Economic Corporation, and the Myanmar War Veterans Organisation, also sanctioned by the US, EU and UK.
Facebook: Have now removed Burmese military pages but still fail to take effective action on hate speech and incitement against minorities in Burma, have allowed the military to take over Burmese government pages and use them for propaganda and lies, and refuse to acknowledge and take action regarding their role in facilitating genocide of the Rohingya.
Hilton: Operates a hotel in Rakhine State on land seized by the military without the farmers who owned it receiving proper compensation. Money from the development went to the military via the Office of the Quartermaster General. The hotel is not currently open but Hilton refuse to end their relationship with this hotel despite it being on Burmese military-owned land.
Honeywell: Has a longstanding business relationship with Indian aerospace company Hindustan Aeronautic Ltd (HAL), including a contract with them that enables HAL to manufacture Honeywell engines. HAL in turn is planning to sell aircraft with Honeywell engines to the Burmese military.
OnlineNIC: Provides web hosting services for the military-owned Myawaddy Bank, which has been sanctioned by the USA, UK and EU. It also hosts the website of the military-owned Central Hotel Yangon.
Sectigo/Sitelock: Provides services for the military-controlled Ministry of Home Affairs website.
TPG Capital: Is the majority owner of Tower Holdings, which operates telecoms towers companies in Burma which work for the military joint venture mobile phone network company Mytel.
“American companies need to cut all ties with Burma’s genocide generals,” said Mark Farmaner, Director of Burma Campaign UK. “Facilitating the operations of military-owned companies means helping those companies make profits which help pay for genocide. American companies have been quick to act in response to the invasion of Ukraine but five years on from genocide of the Rohingya, there are still American companies willing to work for the genocidal generals in Burma...”
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-03-24
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"M1 Group, owned by the family of Lebanese Prime Minister Najib Mikati, is set to violate sanctions on Myanmar through their acquisition, activation and transfer of a lawful interception gateway (LIG) as part of their purchase of Telenor Myanmar. The sale involves M1 Group entities in Cyprus and the Cayman Islands, subject to EU and UK sanctions that prohibit the transfer and operation of surveillance technology.
The impending sanctions violations are being aided and abetted by Telenor Group, which is majority owned by the Norwegian government.
The M1 Group subsidiary that is contracted to purchase Telenor Myanmar, M1 Limited, is incorporated in the Republic of Cyprus, and is therefore subject to European Union sanctions.
Under Article 3.1 of EU restrictive measures, “The sale, supply, transfer or export of equipment, technology or software intended primarily for use in the monitoring or interception by the Government of Myanmar/Burma, or on its behalf, of the internet and of telephone communications on mobile or fixed networks in Myanmar/Burma, including the provision of any telecommunication or internet monitoring or interception services of any kind, as well as the provision of financial and technical assistance to install, operate or update such equipment, technology or software, by nationals of Member States or from the territories of Member States shall be prohibited.”
M1 Limited is registered at the south Nicosia address of the law firm Georgiades & Pelides LLC, which is affiliated to Themis Professional Services Limited. Two of the three company directors and the company secretary are Themis entities registered at the same address, and liable for EU sanctions violations. They are Themis Directors Limited, Themis Professional Directors Limited and Themis Secretarial Services Limited.
M1 Group’s shares in Investcom Pte. Ltd., a Singapore company set up for the sale, are held through a Cayman Islands shell company, M1 Infrastructure Limited.
The UK’s 2021 Myanmar (Sanctions) Regulations similarly prohibits the transfer of interception and monitoring goods, and is in force in the Cayman Islands.
Furthermore, the laws that govern the agreement between Telenor Group and M1 Group are those of the United Kingdom.
Following the Telenor Group transaction to Investcom Pte Ltd, in which M1 Group owns 51%, the company will transfer control of Telenor Myanmar, and its lawful interception gateway, to the military-linked company Shwe Byain Phyu, in violation of EU and UK sanctions.
According to an industry source, Telenor Myanmar management are aware that M1 Group and its local partner, Shwe Byain Phyu, intend to activate the lawful interception gateway (LIG) that Telenor Group has installed. The activation will also violate EU and UK sanctions.
Telenor Group owns Telenor Myanmar through Telenor South East Asia Investment Pte. Ltd, a Singapore holding company. Four Telenor Group executives exited the Telenor Myanmar board in June 2021, weeks before the announced sale to M1 Group. This included Håkon Bruaset Kjøl, a Telenor Group Senior Vice President who remains a director of the Singapore holding company. Telenor Group executives have overseen the sale and are responsible for transitional arrangements.
In recent comments to the Norwegian newspaper Aftenposten, Telenor Group CEO Sigve Brekke confirmed that the lawful interception system would be left in place. He refused to comment on the legal repercussions of the sale.
Justice For Myanmar therefore contends that Telenor Group has constructive knowledge that the Telenor Myanmar sale will result in breaches of EU and UK sanctions by M1 Group. Telenor Group is aiding and abetting M1 Group’s imminent sanctions violations.
That is in addition to Telenor Group’s own violations of Norwegian and EU sanctions as a result of their installation of the LIG, purchased from the Germany company, Utimaco, and its transfer to M1 Group, which Justice For Myanmar has previously documented.
In September 2021, Telenor stated that they have not yet activated the LIG because doing so would breach EU and Norwegian sanctions, and that they therefore have to exit Myanmar to prevent a sanctions breach.
It appears that Telenor’s divestment strategy is aimed at preventing direct and immediate fault for sanctions breaches, but is reckless about enabling purchasers from doing the same.
Once activated, the LIG will allow the terrorist Myanmar military junta to monitor communication on the Telenor Myanmar network in real time.
The sale will also involve the transfer of historical call data of more than 18 million current subscribers, which the junta can use to hunt down activists, journalists and humanitarian workers, who face torture and murder at the hands of the Myanmar military.
Justice For Myanmar spokesperson Yadanar Maung says: “Telenor Group and M1 Group are continuing to show an appalling disregard for the law and for the lives of Myanmar people.
The sale of Telenor’s Myanmar business to Shwe Byain Phyu and M1 Group will put millions at risk and embolden the military junta, which is a terrorist organisation.
Telenor has already provided de-facto recognition to the illegitimate junta in seeking regulatory approval.
Telenor is now proceeding to transfer dangerous surveillance technology to companies that intend to activate it, which will support the junta to intensify its terror campaign against the people.
We call on the Norwegian, UK, German and Cypriot governments to urgently intervene to stop the sale of Telenor Myanmar..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-03-22
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"Access Now, outraged by today’s announcement that the Myanmar Investment Commission has approved the sale of Telenor Myanmar, is calling for international actors to implement sanctions and stop the company’s irresponsible disposal of its Myanmar operations to a company whose 80% majority shareholder is military-linked Shwe Byain Phyu Group.
“It’s not over until it’s over,” said Wai Phyo Myint, Asia Pacific Policy Analyst at Access Now. “The Telenor sale approval does not come as a surprise, but it is a major kick in the guts for human rights defenders on the ground. The purchaser, Shwe Byain Phyu, may not be sanctioned now — but it needs to be. International actors must recognize and take action against the company’s multiple and flagrant links to the military.”
Telenor’s sales agreement is with M1 Group, which will buy Telenor Myanmar through its Singapore-registered entity Investcom Pte Ltd — the majority of which will be owned by military-linked Shwe Byain Phyu Group. Telenor noted that it had “not been party to any dialogue between M1 and its local partner,” even as it claims that it screened the transaction as sanctions compliant.
Shwe Byain Phyu Group’s Chairperson, Thein Win Zaw, and Director, Tin Latt Min (Zaw’s wife) have corporate connections with multiple military-linked individuals and companies sanctioned by the United States, European Union and United Kingdom. This includes: Myanmar Economic Holdings Limited (MEHL); Myanmar Economic Corporation (MEC); Myanmar Gems Enterprise (MGE); Forest Products Joint Venture Corporation (FPJVC); and the individuals, Tay Za; and Pyae Phyo Tay Za. These operators have been sanctioned for their involvement in largely-documented human rights abuses — a web in which Shwe Byain Phyu appears to be an active player.
“Telenor must be held accountable for the disastrous rights impacts which will flow from relinquishing the data of 18 million subscribers to a ruthless regime,” said Golda Benjamin, Asia Pacific Campaigner at Access Now. “The company has followed an approach of willful ignorance of the human rights consequences to the people of Myanmar because of their decision to leave the country.”
If the handover goes ahead, Myanmar’s telecommunications sector will be stained in khaki. Telenor Myanmar’s near 30% share of the market would add to the approximately 55% already held by military-owned Myanmar Posts and Telecommunications (MPT) and Telecom International Myanmar Company Limited (MyTel). Qatar’s Ooredoo holds the remaining 15%, and is likely complying with military surveillance orders. Unless the Telenor Myanmar sale is prevented, the new management will presumably also activate dangerous intercept surveillance technology.
Access Now has repeatedly emphasized serious risks to the rights to privacy, expression, association, and security from the disposal of Telenor Myanmar, and urged Telenor Group to address warnings raised by the people of Myanmar, civil society and its own investors. The sale must be stopped..."
Source/publisher:
Access Now
Date of entry/update:
2022-03-18
[field_licence]
Type:
Individual Documents
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Freedom of opinion and expression: - the situation in Burma/Myanmar - reports, analyses, recommendations, Economic, social and cultural rights, Business and the Military, 2021 Burma/Myanmar coup d'état
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Sub-title:
Support Arms Embargo, Stronger Targeted Sanctions
Description:
"(Geneva) – The United Nations Human Rights Council should adopt a strategy for accountability in Myanmar to end abuses by the military junta, Human Rights Watch said today. The council will discuss Myanmar and the new report by the UN Human Rights Office at its meeting on March 21, 2022.
The Human Rights Council resolution should call for all UN member states to prevent the flow of weapons into Myanmar and impose stronger, targeted economic sanctions against individuals implicated in abuses and military interests. The resolution should also urge the UN Security Council to refer Myanmar to the International Criminal Court.
“The UN Human Rights Council should respond to Myanmar’s human rights and humanitarian crisis with urgency and purpose,” said Lucy McKernan, deputy UN advocacy director at Human Rights Watch. “The rights council should take strong action against security forces that have never faced consequences for their numerous crimes.”
Since the February 1, 2021, coup, Myanmar’s junta has carried out a brutal nationwide crackdown to suppress those opposing military rule. The junta’s systematic and pervasive abuses, including mass killings, torture, arbitrary arrests, and indiscriminate attacks on civilians, amount to crimes against humanity and war crimes.
The UN Office of the High Commissioner for Human Rights condemned Myanmar security forces’ violations of international human rights and humanitarian law in a March 15 report, stating:
The military and security forces have shown a flagrant disregard for human life, bombarding populated areas with airstrikes and heavy weapons and deliberately targeting civilians, many of whom have been shot in the head, burned to death, arbitrarily arrested, tortured or used as human shields.
In recent weeks, there have been increasing reports of Myanmar military airstrikes and use of heavy weapons causing civilian loss of life and property. The UN special rapporteur on human rights in Myanmar, in his February report on government sales of weapons to the Myanmar military, said that jet aircraft, attack helicopters, armored vehicles, light and heavy artillery, missiles, and rockets are being used against civilians. More than 400 of the attacks reported occurred in Sagaing Region in northwestern Myanmar, where most civilian fatalities have recently occurred.
The Human Rights Council, in addition to calling on all UN member countries to prevent the transfer of weapons to Myanmar, should also call for all revenues from oil, gas, timber, and gems that flow to the military and help finance the abuses to be put into an escrow account for the Myanmar people until a democratically elected civilian government is restored.
Since the coup, security forces have killed at least 1,600 people and detained more than 12,000, according to the Assistance Association for Political Prisoners. Over 500,000 people have been internally displaced since the coup, while tens of thousands have fled as refugees to Thailand and India, according to the UN refugee agency, UNHCR.
In many parts of the country, the junta is deliberately blocking aid to populations as a form of collective punishment. The UN estimates that the number of people needing assistance has grown from 1 million before the coup to 14.4 million, including more than 5 million children. About 25 million people, or half the population, are estimated to be below the national poverty line.
Internet shutdowns remain in parts of the country after the junta imposed rolling nationwide shutdowns and blocked access to social media following the coup. Under international human rights standards, internet-based restrictions must be necessary and proportionate. Blanket internet shutdowns are a form of collective punishment that hinder access to information and communications needed for daily life, which is particularly vital during times of crisis.
“Senior General Min Aung Hlaing and other junta leaders have been able to brutally quash protests and dissent with minimal international interference,” McKernan said. “The Human Rights Council should urgently push back against these abuses and lead the international response to protect rights and advance accountability in Myanmar...”
Source/publisher:
Human Rights Watch (USA)
Date of entry/update:
2022-03-18
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Type:
Individual Documents
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Human Rights and international relations, Business and the Military, Sanctions, 2021 Burma/Myanmar coup d'état
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"Paris, March 16, 2022 – On January 21, 2022, TotalEnergies announced its decision to withdraw from the Yadana field and from gas transportation company MGTC in Myanmar, both as operator and as shareholder, because the situation in this country no longer allowed TotalEnergies to make a sufficiently positive contribution. Since then, TotalEnergies has initiated a due diligence process to ensure a responsible withdrawal for its stakeholders in Myanmar, particularly its employees and the local communities that have been supported by TotalEnergies for many years through its role as an operator in the MGTC gas pipeline area.
On March 14, 2022, PTTEP International, a subsidiary of the Thai national energy company PTT, confirmed its willingness to take over as operator of Yadana and MGTC and, in line with this decision, to increase its direct stake in Yadana by taking over TotalEnergies’ equity share. Chevron has also decided to take over TotalEnergies’ equity share, thereby increasing its stake in Myanmar. As a reminder, in light of the exceptional situation, TotalEnergies has chosen to withdraw from Myanmar without seeking any financial compensation for its assets.
In addition, PTTEP has expressed its willingness to take on all staff currently employed by the TotalEnergies affiliate in Myanmar. TotalEnergies is working closely with PTTEP to ensure that the transition occurs in a fair and orderly manner. With respect to our employees who have been ensuring the safety and efficiency of operations in Myanmar since January 21, TotalEnergies will help all those who wish to transfer to the new operator and will ensure that they continue to be employed under the same conditions.
At the same time, TotalEnergies will work with PTTEP to ensure that the existing socio-economic development program led by TotalEnergies to support local communities living near the MGTC pipeline will continue after its withdrawal. To this end, TotalEnergies will allocate the resources necessary to a dedicated fund in order to contribute financially to the actions to be carried out by the future operator.
TotalEnergies' withdrawal from Yadana and MGTC will be effective at the latest at the expiry of the 6-month contractual period, i.e. July 20, 2022, giving the Company and PTTEP enough time to ensure the safe and orderly transfer of the operatorship while ensuring a fair transition for our key stakeholders, our employees and local communities where we operate..."
Source/publisher:
TotalEnergies
Date of entry/update:
2022-03-16
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Type:
Individual Documents
Category:
Oil and gas, Business and the Military, Burma/Myanmar's relationship with the Global Economy
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"The private Myanmar military arms broker, Miya Win International, has procured parts for Camcopter S-100 unmanned aerial vehicles (UAVs) via Russia since the military’s attempted coup.
The parts come from the Austrian company, Schiebel Corporation, which previously sold the UAVs to the Myanmar military, and was identified by the UN Independent International Fact-Finding Mission on Myanmar for its sale of dual-use goods to the Myanmar military.
Schiebel Corporation’s business with the Myanmar military has likely breached the EU arms embargo on Myanmar, with the support of Miya Win International.
The original purchase of UAVs was also facilitated by Miya Win International.
Camcopter S-100s can fly for up to 6 hours and provide the Myanmar Navy and Air Force with surveillance and reconnaissance capabilities.
Miya Win International and its network of companies has been exposed in a Justice For Myanmar feature, using records from the trade database, ImportGenius, and leaked documents.
Other Miya Win International deals with EU companies that are likely to violate the arms embargo include a flight simulator from the Austrian company, Axis Simulation, and a hyperbaric chamber from the German company, Haux Life Support.
The flight simulator is owned by the Myanmar Air Force and used for both military and civil pilot training.
The hyperbaric chamber was procured for use by Myanmar Navy Seals.
Justice For Myanmar’s exposé of Miya Win International follows an investigation into the arms broker, Dynasty International, which has procured aircraft in 2015 from the Germany company, Grob Aircraft SE, and continued to work with Grob for parts and maintenance.
Since the attempted coup, Dynasty International has imported parts for Mi-17 aircraft from the Russian company, Ural Avia.
The Myanmar military primarily uses Mi-17 helicopters for transportation.
Justice For Myanmar calls for targeted sanctions against Miya Win International, Dynasty International, their directors and all other suppliers of the Myanmar military, and a global arms embargo.
Justice For Myanmar urges the Austrian and Germany governments to investigate companies that have supplied arms and dual use goods to the Myanmar military, and to hold companies to account for any breaches of the EU arms embargo.
Justice For Myanmar spokesperson Yadanar Maung says: “One year since its illegal attempted coup, the Myanmar military has killed over 2,000 civilians and arrested more than 12,000.
The illegal junta has been committing crimes against humanity and war crimes with total impunity, including deliberately targeting civilians with airstrikes and artillery shelling, forcing over 440,000 civilians to flee from their homes.
Yet, companies like Schiebel Corporation, Miya Win International and Dynasty International are continuing to do business with the junta, despite their acts of aggression against the people.
The military’s atrocities are enabled by continued revenue and arms flows. These must be cut to end the military’s campaign of terror.
All arms brokers and suppliers must be sanctioned, including Miya Win International, Dynasty International, and their related companies.
Despite the EU arms embargo, companies from member states including Austria and Germany have sold arms and equipment to the Myanmar military, following the Rohingya genocide and after the attempted coup.
The EU and its member states must urgently act to strengthen and enforce the arms embargo and make sure no businesses in their territory remain complicit with the terrorist junta.
Those who have violated the arms embargo must be held accountable..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-03-14
[field_licence]
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Business and the Military, Sanctions, 2021 Burma/Myanmar coup d'état, Human Rights and international relations
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Corporate Accountability Myanmar (CAM) identifies the failures with Corporate Social Responsibility (CSR) programs in Myanmar.
Description:
"After 30 years in Myanmar, Total is leaving the Yadana gas project in Tanintharyi region. Throughout the project, Total adopted a corporate social responsibility (CSR) strategy to improve its tarnished reputation associated with human rights violations committed by the Tatmadaw, which had been deployed to protect the project in the early 1990s.
Numerically the results of Total’s CSR program looked impressive, considering the amount of beneficiaries, the number of schools constructed, healthcare improvements, and the amount of money Total spent on it. However, the company failed to acknowledge the shortcomings and failures of its CSR programs that left lasting negative impacts on communities. Through covert interviews with local people in the project areas, we identified three main failures of Total’s CSR efforts: its creation of dependency, a lack of sustainability, and a lack of accountability. While Total’s CSR reports portray a positive narrative of their local impact, our findings depict a different story. Total serves as a case study to show that CSR projects often fail by design, leaving affected communities by the Yadana gas pipeline with grievances and without remedy.
Our methodology
During November 2021, Corporate Accountability Myanmar (CAM) spoke with 16 local people who reside throughout seven villages in the northwest of Ye Phyu Township, Dawei District, Tanintharyi Region where the Yadana Gas pipeline passed through: Kanbauk, Phaungtaw, Daminseik, Ohnbinkwin, Michaunglaung, Zardi, and Kalaingaung. The seven villages are among the 33 villages where Total’s CSR program ran (see Map 1). Among the 16 people interviewed, seven were former Total staff. Two respondents were from the village communication committee (VCC) and the village bank committee. These are committees that were created by Total to support their CSR efforts. The remaining seven respondents are villagers with no official connection to Total’s CSR program village committees. Six respondents are female, 10 are male. We could not travel to the seven affected villages due to security concerns so, instead, we spoke with them on the phone for about one hour per interview. We followed up on any information that needed clarification after transcribing them all. A desk review was conducted on CSR reports and strategies of Total and Chevron, as well as supporting literature on CSR and accountability issues.
The Yadana pipeline is one of three gas pipelines that runs through Tanintharyi region (Map 2). Map 2 shows that the three pipelines, the Yadana pipeline operated by Total, Yetakhon pipeline operated by Petronas and Zawtiga pipeline operated by PTTEP, run parallel passing through the region. As we will explain, some communities were affected by multiple projects at once.
Total’s tarnished reputation
In the early 1990s, Total entered Myanmar to extract gas from the Andaman sea with U.S based Unocal (now sold to Chevron). The Yadana gas field started production in 1998 and its shareholders were: Total (31.24%), Unocal/Chevron (28.26%), Thai state-owned PTT Exploration and Production (25.50%), and Myanmar state-owned Myanma Oil and Gas Enterprise (15%). The Pipeline is managed by Mottama Gas Transportation Company (MGTC), consisting of the same shareholders.
Human rights violations associated with the construction of the pipeline infrastructure were well documented by a number of human rights organizations. These include Earth Rights International, International Federation of Human Rights Leagues, Investor Responsibility Research Centre, Mon Information Center, Karen Human Rights group, and Amnesty International. Ethnic armed organizations, like the Karen National Union and the New Mon State Party, have also spoken out against the Yadana pipeline. These organizations criticize the project for the displacement or forced relocation of villagers for pipeline construction, land grabbing, and forced labour. With the arrival of Tatmadaw forces to secure the area, villagers were forced to build barracks for soldiers, clean and maintain the areas around the camps. They had to work as conscripted porters, transport supplies from camp to camp, or carry equipment for the troops during military offensives. Villagers were also asked to contribute funds for military camp construction. Other forms of harassment villagers faced included rape, intimidation, the forcible conscription of youth into the Tatmadaw, the confiscation of civilian vehicles for military activities, and theft of domestic animals.[1] Total and Unocal faced several lawsuits in the US and French courts due to these human rights violations associated with the Yadana project. Unocal settled a lawsuit with fourteen plaintiffs from Myanmar in 2005. After that, Unocal was sold to Chevron. Total also settled a lawsuit out of court.
Total’s CSR program
After construction on the Yadana pipeline began in 1995, Total started its CSR program in 13 villages to improve its tarnished reputation. Total’s CSR activities focused on access to healthcare, education, skills development, and stimulating the local economy’s livestock and agriculture sectors. Total expanded its CSR activities over the years by adding microfinance and access to solar energy. The coverage reached 33 villages in 2012. The main CSR activities took place in the pipeline area directly implemented by Total, in addition to the national projects implemented in partnership with national and international organizations. In 2020, Total stopped its CSR activities due to the COVID-19 pandemic.
Total invested US $51.9 million in the CSR program between 1995 and 2019. To protect the environment, since 1998 the CSR program has also played an active role in the Tanintharyi Nature Reserve Project (TNRP), located in the pipeline area. Total’s CSR team was comprised of 49 members, 23 being locals from the area. There were also volunteers, including members of the village communication committee and the village bank committee. These committees liaise between Total’s CSR members and villagers.
According to Total, the company “is committed to Corporate Social Responsibility as a core policy embedded in its operations.” Early on, its CSR projects “focused mainly on infrastructure and public health activities due to the needs of then very remote area where the services provided by the State were very limited.” It said the program gradually changed “towards the sustainable approach and community participation.” Total also declared that regular third-party impact assessments on the projects had been performed by Collaborative Learning and Action (CDA). and Myanmar Marketing, Research, and Development (MMRD). In 2014, a Stakeholder Relationship Management Exercise was done for the first time, and as the result, the “TEPM Stakeholder Holder Engagement Plan” was established and the CSR strategy was adjusted.
CSR results according to Total’s numbers
Total’s CSR reports describe in detail the number of beneficiaries, some of their stories, and improvements in health care and education the company accomplished in the pipeline area. For instance, in Dawei, 45 university students were provided scholarships every year. In Kanbauk, in 2019, Total hosted four interns from Dawei Technological University for the first time. In Yangon, the Yadana Welding Training Center offered the opportunity to acquire skills needed by industries in Myanmar.
When it came to support for healthcare, six doctors paid weekly visits to four health centers to support 71 community health mobilizers and village health workers and provided specific recommendations to their patients. The scope of those activities evolved from curing conditions to care and prevention of non-communicable diseases. Total also supported a program established by Helen Keller International (HKI) to reinforce the existing cataract surgery infrastructure to reduce blindness significantly: a 50% decrease by 2020. Via their microfinance program, in 2019, they supported 1,572 vulnerable individuals, of whom 87% were women. These results may look impressive, but they are outweighed by the negative impact of the Yadana pipeline, and problems caused by Total’s CSR activities themselves. These CSR reports only tell a small part of the story.
Villagers’ grievances towards Total’s CSR program
Despite the benefits accrued through these programs, when we spoke with local people, we found grievances that were unresolved and undisclosed in the CSR reports. The issues revealed during these interviews indicated that the Yadana CSR program was, by design, flawed. In the following sections, we will outline the ways that the Total CSR program failed in relation to its stated aim of empowering communities. We highlight three key findings. First, it creates dependency and lacks sustainability. Second, accountability was not embedded in the program. Third, the program failed to effectively engage with the affected community, and identify issues related to the pipeline project to ensure affected people and communities get remedy.
Creating dependency
Our research demonstrates that villagers became increasingly dependent on Total over the years, as they promised to provide services and infrastructure to villagers. Yet, Total did not fulfill the services that it claimed to provide and shifted its policy in the 2010s without adequately consulting with villagers.
One respondent noted that “since 1996, [the] company provided public services that the government needed to provide and CSR villages relied on the company rather than the government.” This created problems when the company shifted its policy in the late 2010s by moving away from taking on the duties of the government. It no longer engaged in projects like building school infrastructure, roads, and bridges. In Ohnbinkwin Village, one of the villages most affected by the company’s operations, villagers asked Total to improve the village road and rebuild the village entrance bridge, which had been damaged by a natural disaster. The company refused to provide financial assistance for these projects, and villagers protested against the company for not fulfilling their demand.
Villagers also expressed dissatisfaction regarding access to electricity. Villagers said since the 1990s, Total promised electricity for villages in Kanbauk area where the pipeline passed through. While electricity is the responsibility of the government, Total’s false promises aroused grievances. At that time, villages in Kanbauk area relied on private generators that distributed electricity from 6 pm and 9:30 pm and cost each household between MMK 3,000 to MMK 5,000. In 2009, Dawei Development Public Company Ltd began to provide 24-hour electricity to these villages. The electricity was generated by diesel and cost MMK 500 to 800 per unit. In 2017, the NLD government managed to reduce the electricity cost to MMK 200 in Dawei district by giving permission to Petron and Trans Company to generate electricity by using gas turbines, and the government negotiated to buy gas for the gas turbines from the Zawtika pipeline. This showed that false expectations created by the company only aroused the community’s mistrust of the company. By setting unfulfilled expectations and taking on the responsibility of the government, the company left the community dependent on the company for more than ten years. The community felt aggrieved at the company when these expectations were not met. The impact of dependency leads to an unsustainable pathway.
Lack of sustainability
Total’s CSR projects did not meet villagers’ actual needs or current economic realities in Myanmar. Due to mismatches with ground realities, some of its programs did not produce sustainable results. One respondent remarked that villagers see agricultural impacts as the most ineffective consequence of the project. One example is the introduction of new crops that did not match the on-the-ground reality, which ultimately damaged farmers’ incomes. In addition, introducing crops such as oil palm and rubber had a negative environmental impact, even though villagers’ plantations are relatively small compared with commercial oil palm plantations in Tanintharyi. One respondent noted that “although the company’s CSR team engaged with the village community, they put their own priorities first rather than what the community needed.”
For instance, in Thaechaung village, the Yadana CSR team encouraged villagers to clear villagers’ cashew nut orchards and grow oil palm plants. At the time, in the early 2000s, oil palm was backed by the government. The CSR team assumed that the palm oil manufacturing industry would grow and that this change would increase income for farmers. However, ten years later, Myanmar still exports raw palm oil products to Malaysia, where these materials are processed. Myanmar continues to import palm oil. As the result, villagers cleared those oil palm trees and grew rubber instead—a more profitable crop. In this case study, neither the company nor the villagers benefitted from the project. The respondents felt that both the company and villagers wasted their resources over the course of the project. This case shows that the CSR agriculture project led to unsustainable outcomes in terms of both its failure to produce long-term incomes for villagers and in terms of the adverse environmental effects of oil palm cultivation.
Lack of accountability for negative impacts of the pipeline project
Our research highlights three negative impacts of the Yadana pipeline, and the related Tanintharyi Nature Reserve, for which Total could have taken more accountability. Total responded to these negative impacts by introducing more CSR programs, without addressing the negative impacts of the pipeline.
Ineffective community engagement
In 2010, near the southern part of the coastal fishing village of Daminseik, the Yadana gas pipeline appeared on the beach, exposed due to water and wave erosion. To prevent further deterioration, Total built a wall with rocks. The structure was about seven miles tall and a half-mile in length from north-south. After that structure was built, around 2012-13, approximately 40 houses adjacent to the sea including the road were destroyed in a sea bank collapse. Villagers suspected it was due to the new structure Total built. The company refused the accusation and said that they studied the consequences before building the structure, and the collapse was due to climate change. Villagers also stated that they were unaware of consultations conducted before the construction of the structure.
Total’s response was to have their CSR team distribute basic household commodities and foods to affected households. As one respondent noted, “the company did whatever they thought was right without listening to the community.” Not only did Total neglect to consult the community being affected by the structure, they also failed to listen and refused to pay the compensation that villagers demanded after the harm was done.
Land loss and failure to restore livelihoods
Total gave lump sum compensation to villagers who lost their land in the 1990s as a result of the Yadana pipeline project. However, respondents said 90% of villagers who got compensation in Ohnbinkwin village became landless and jobless. Some respondents blamed those villagers for not saving the compensation money they were given. Some said villagers did not know how to manage the large sum of money. Others thought the company should have adopted a long-term plan to help those villagers so that they had some means of income generation.
The practice of giving away money as compensation without following any livelihood restoration plans fall short of international standards. According to the International Finance Corporation, livelihood restoration plans are necessary to ensure people who were dependent on the land for their whole life have the skills and the ability to change livelihoods. Otherwise, the same international standards suggest replacing the lost land with other land of equal value wherever possible to ensure affected villagers’ right to livelihoods is not impacted.
Total only understood their responsibility as being to compensate the villagers who lost their land. They valued this land in strictly financial terms. The company neglected its responsibility to ensure the pipeline project would not negatively impact those villagers whose long-term livelihoods were dependent on the lost land.
Impact on fishing
In villages like Kyaukthayan and Phyunet, where villagers fish by casting nets far out into the sea, issues with the villagers’ fishing nets becoming tangled with the pipelines caused damage to local livelihoods. In this area, the Yadana pipeline (operated by Total) intersects with two other pipelines: the Yetagun pipeline (operated by Petronas) and the Zawtika pipeline (operated by PTTEP) (see Map 2). The nets snagged on parts of the offshore pipeline infrastructures that had aged. Villagers then had to bear the cost of repairing the damage to their nets and mitigating the disruptions to their fishing activity. No pipeline operators took responsibility when complaints were lodged. According to the respondents, during the NLD government, civil society organizations and the media heard villagers’ voices and relevant authorities from the fishery department tried to solve the issue in 2019. However, Covid delayed their field visit.
In another case, villagers along the coast, who had, for generations, relied on fishing for their livelihoods were restricted from fishing during pipeline maintenance that lasted around one to two weeks per year. This led to a reduction in their income. Total, in Chapter 5 of the 2020 Universal Registration, under “non-financial performance: value creation for host regions,” mentions that “in Myanmar, the offshore pre-project baseline study detailed the issues relating to fisheries. It quantifies the potential impact on the entire fishing value chain for each village by category of fishermen and by type of fish caught and processed in the region.” However, on the ground, local respondents did not seem to be aware of this information.
Total and other pipeline operators neglected their responsibility to ensure that their operations did not adversely impact communities’ livelihoods, nor were they held accountable for incurring financial loss in those villages. CSR was designed to veil such negative impact and companies’ responsibilities to respect villagers’ rights to livelihood.
Environmental impacts of conservation projects
Respondents also raised concerns related to the Tanintharyi Natural Reserve (TNR). The TNR covers almost 420,000 acres in Yebyu and Dawei townships, bordering Mon State and Thailand. It is funded by the three pipeline operators in Tanintharyi: Total, operator of the Yadana gas project, Thai PTT Exploration and Production, operator of Zawtika gas project and Malaysian Petronas, operator of Yetagun gas project. The project is managed by the Myanmar government with technical support from the Wildlife Conservation Society.
The conservation area claims to compensate for the impacts of three gas pipelines, the Yadana, Yetagun and Zawtika. Despite that, respondents feel that the money invested in this project is a waste because of illegal logging and gold mining in the reserve area. Total reported that they provided USD 1.8 million to the TNRP during the 2013-2017 period as part of the Yadana CSR program. Respondents lodged a complaint about illegal logging and mining in the area with Total. However, Total responded that they can only provide financial assistance and that villagers have no right to interfere with the project’s activities. Some respondents assumed that the company might not have a say since the area is controlled by the Tatmadaw. Regardless, respondents said they still would like to see the company do something to prevent that issue by, for example, raising it with relevant stakeholders in the project so as to adopt measures to hold responsible parties accountable.
Others have already raised significant issues with the TNR including displacement, loss of livelihood, loss of traditional knowledge, practices and cultures, militarization and increased police presence, land dispossession, loss of landscape, and loss of sense of place due to a lack of consultation with Karen indigenous people in the area. The three pipeline operators did not consider the potential impact of the TNR on indigenous people. Due to a lack of meaningful and effective consultation with indigenous people in the area, the conservation project created negative externalities. As a result, the indigenous people lost forests and lands they had depended on for their livelihood, and their traditional cultures and practices. Troops deployed to the area to protect the conservation zone threatened their sense of security. Pipeline operators neglected these issues and failed to take responsibility for these impacts.
Conclusion
Ten years ago, in 2011, the UN issued its Guiding Principles on Business and Human Rights (UNGPs). While reflecting on ten years of the UNGPs, the UN stated that they have shifted the focus from corporate philanthropy to accountability as an essential feature of responsible business. This implies that CSR programs should be an added value after meeting the threshold of ensuring accountability for any human rights issues associated with the project. However, the evidence we collected reveals that the Yadana CSR program produced negative impacts, despite Total’s stated commitments to CSR and responsible business practices.
Total and its partner, Chevron, claims that they are responsible companies––this may seem credible with the first glance at Total’s CSR results. However, our analysis shows that embedding CSR as a core policy without integrating accountability, sustainability, and access to remedy in its operations left affected people and communities with grievances and without remedy. Total failed to diligently identify these issues related to the operations of the Yadana pipeline project and did not address them adequately. They managed to keep their critics at bay by portraying only a positive narrative of their local impact. Our findings and analysis also imply similar issues with other oil operators still operating in Myanmar that have similar reputational issues.
Corporate Accountability Myanmar (CAM) is a group of local researchers formed in 2020 to conduct research on corporate accountability issues in Myanmar..."
Source/publisher:
Tea Circle (Myanmar)
Date of entry/update:
2022-03-10
[field_licence]
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Individual Documents
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Oil and gas, Burma/Myanmar's relationship with the Global Economy, Business and the Military
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ESG-labeled funds have over $13B worth of holdings in companies linked to Myanmar’s brutal military regime, a financial investigation reveals.
Description:
"Companies with ties to Myanmar’s military are benefitting from over $13 billion in ESG-labeled investments, according to financial records and other information compiled and published today by Inclusive Development International and ALTSEAN-Burma. In their report, “The Myanmar ESG Files: How ‘responsible investment’ is enabling a military dictatorship,” the human rights advocacy groups document how hundreds of ESG (Environmental, Social and Governance) funds hold shares in 33 corporations that are enabling a brutal regime responsible for genocide and crimes against humanity.
The $3.9 trillion ESG investing industry, which promotes itself as a way for investors to align their money with their values, is the fastest growing sector of financial services.
“Activists on the ground have been risking their lives and liberty to stop the flow of money, weapons and other resources that has allowed the military to maintain its illegitimate grip on power,” said Debbie Stothard, founder and coordinator of ALTSEAN-Burma. “It’s shocking and devastating to see so-called ‘responsible investment’ doing the opposite.”
Companies receiving “sustainable investment” include weapons dealers that are arming the regime, tech firms serving the military-controlled national police force, and others that direct profits to the military, allowing it to surveil and violently crush dissent. Data compiled by Inclusive Development International and published today in an open-access online database show that ESG-labeled funds continued to hold shares in these companies even after Myanmar’s military was found responsible for two of the most egregious and well-publicized human rights crimes in recent history: the genocide perpetrated against the Rohingya and last year’s bloody coup and subsequent crackdown on pro-democracy protesters.
“That dozens of companies with ties to Myanmar’s genocidal regime are included in ESG portfolios shows just how large the gulf is between ‘responsible investment’ marketing claims and reality,” said David Pred, executive director of Inclusive Development International. “The foundation of this fraudulent industry is a deeply flawed ESG ratings system, which is in urgent need of regulation.”
From responsible investing to ESG greenwashing
Tailoring investment strategies to consider ESG issues is increasingly common. Yet while the ESG investing industry is capitalizing on public demand for ethical and sustainable investing options, it is directing capital in ways that are neither – as evidenced by information revealed in the Myanmar ESG Files.
This is in part because the process through which companies’ ESG practices are rated and then used to tailor investment portfolios typically only reflects information considered “financially material.” That means a company’s links to gross human rights abuses are only relevant insofar as they threaten its future profitability and share price.
ESG ratings can also mask serious human rights abuses because they are based on an amalgamation of information about numerous indicators and a diverse range of environmental, social and governance issues. As a result, a company making and selling weapons used to perpetrate genocide and war crimes in Myanmar can effectively compensate for the reputational risks of that behavior and raise its ESG rating by, for example, committing to reduce its greenhouse gas emissions.
The role of ESG index providers
Firms that translate ESG ratings into suggested investment portfolios (ESG indexes), including MSCI, FTSE Russell and S&P Dow Jones Indices, have enormous leverage to improve human rights compliance among companies seeking a spot on their indexes. Under the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, they have a responsibility to exercise that leverage – including by excluding companies that refuse to stop enabling the Myanmar military’s human rights abuses. Information documented in the Myanmar ESG Files demonstrates that all three firms are failing to do so.
The low bar for securing a place in ESG funds does more than direct “responsible investment” to the wrong place. It makes it harder to hold some of worst corporate offenders accountable. The “ESG” stamp of approval undermines the efforts of communities and human rights defenders to secure redress for corporate abuses by making investors less likely to engage and use their leverage to compel action.
“Real socially responsible investing could be a crucial catalyst for advancing human rights in business,” said Pred. “But without a complete overhaul, the ESG investing industry is actually doing the opposite – greenwashing abusive companies and diverting energy from this potentially powerful force for good, with real human costs in Myanmar and around the world.”..."
Source/publisher:
Inclusive Development International
Date of entry/update:
2022-03-10
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Economic, social and cultural rights, 2021 Burma/Myanmar coup d'état
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Description:
"Just over one year since the Myanmar military, known as the Tatmadaw, led a coup against the legitimately re-elected government, a new study finds that more than $190 million in imports of timber were reported from Myanmar in 2021, including to countries with sanctions, potentially exposing entities importing from Myanmar to risk of civil and criminal penalties.
In response to the coup and to evidence that revenue from natural resources is funding the junta, the European Union (EU) and four countries (the United States (US), United Kingdom (UK), Canada, and Switzerland), have introduced sanctions that aim to limit the regime’s ability to collect revenue from sectors such as mining, forestry, and most recently, oil and gas.
Since February 1, 2021, Myanmar’s economy has collapsed and the junta has increasingly turned to natural resources to support its regime, financing both military operations and violence against civilians, much like the previous military regime did for decades. The elected government had brought in anti-corruption reforms, but these are being undone.
Sanctions can be effective, if enforced. This is being clearly demonstrated by recent sanctions from the US, UK, EU, and others on Russian banks and freezing assets belonging to Vladimir Putin’s top allies in response to Russia’s invasion of Ukraine on February 24, 2022.
“The role of forests in Myanmar really can’t be overstated,” says Michael Jenkins, CEO and Founding President of Forest Trends, “The return of military control last year was a shocking development as Myanmar was still transitioning from 50 years of harsh military rule to democracy, rule of law, and federalism. In the past, illegal logging, corruption, and illicit trade of wood products ran rampant. Money from illegal logging helped finance Myanmar’s decades long civil war and we need to move past that reality.”
Forest Trends’ new report focuses on the role of forestry sanctions by the US, UK, EU, Canada, and Switzerland on the Myanma Timber Enterprise (MTE), the State-owned Enterprise that monopolized the forestry sector.
Key Findings
More than $190 million in trade of Myanmar timber has been reported from February to November 2021: $37 million to jurisdictions with sanctions and $154 million imported into China, India, Thailand, and other countries without sanctions. The provenance of the exported logs is unclear; the MTE does not report on its source, and since the coup, the MTE has only auctioned about 5% of the total that were reported as exported, but none of that wood was auctioned as export grade.
Most markets have decreased their imports of timber from Myanmar since the coup, but others, including countries with sanctions have increased imports relative to 2020. In the US, where almost all imports were in the form of sawn teak for the luxury yacht market, the number of companies importing from Myanmar dropped by two-thirds to only 5 importers, yet total trade still increased slightly. Five EU Member States, Austria, Belgium, France, the Netherlands, and Poland, also showed substantial increases in imports. China, which has not imposed sanctions on Myanmar, also increased imports by 35% (or $29 million). All findings are likely an underestimate, as not all countries have reported trade for the entirety of 2021.
Given the details of US sanctions, entities importing from Myanmar are already at risk of civil and criminal penalties for violating sanctions. Entities could also potentially be exposed to prosecution for the international war crime of pillage, given 1) the junta is illegitimate and does not have the legal right to sell Myanmar’s timber, 2) any timber sold by the junta is done without consent of the owner (in this case, the legally elected government, overthrown on February 1, 2021, which acts as the State’s representative), and 3) all timber sold is done in the context of armed conflict. There is no statute of limitations to prosecution of war crimes, such as pillage, and due to the gravity of the crime, there is universal jurisdiction, where any country may prosecute offenders.
The US sanctions prohibit even the indirect benefit of the MTE. The Executive Order also has no grace period – the sanctions take immediate effect. The US Department of the Treasury’s Office of Foreign Assets Control (OFAC) has previously prosected entities that used US dollars in payments to sanctioned entities, even if the entities themselves have no other connection to the US.
In other words, all trade with the MTE would be a violation of US sanctions, because teak is purchased in US dollars, even if no US companies are involved. All banks that facilitate these transactions would also be violating US sanctions. So far, only Canada has sanctioned the Myanmar Foreign Trade Bank, which facilitates all MTE US dollar transactions (all are held in foreign banks).
“To close this loophole and make sanctions more effective, countries should expand financial sanctions to include the Myanmar Foreign Trade Bank,” says Kerstin Canby, Senior Director of Forest Trends’ Forest Policy, Trade, and Finance Initiative, “Doing so would help stop spill over to non-sanctioned markets by making it a violation to facilitate this trade with any country. Countries that have not yet imposed sanctions should do so, otherwise they are bankrolling the junta.”
The stakes in war-torn Myanmar could not be higher as the junta continues its violent crackdown against its people. The crimes of illegal harvest, sale, and export of Myanmar’s resources, much of it extracted from conflict areas claimed by the country’s ethnic minorities, are producing revenues that allow the military to perpetrate horrific crimes, not only against the country’s democracy but also its civilians. To date, the regime has killed over 1,600 unarmed civilians and arrested over 12,500 more. Sanctioning the junta – and implementing those sanctions – is one thing the international community can, and should, do to support the people of Myanmar..."
Source/publisher:
Forest Trends (Washington, D.C.)
Date of entry/update:
2022-03-09
[field_licence]
Type:
Individual Documents
Category:
Sanctions, Business and the Military, Timber extraction, Burma's economic relations with the European Union, 2021 Burma/Myanmar coup d'état
Language:
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Sub-title:
The Impact of International Sanctions
Description:
"On February 1st, 2021, the military launched a coup d’état against the newly re-elected government of Myanmar. Over the past year, the military junta has been accused of massive human rights violations, arresting more than 12,000 people, killing more than 1,500, and instigating a growing humanitarian crisis that has seen more than 400,000 internally displaced people (IDPs) (AAPP Burma 2022, UN News 2022). Compounding the impact of COVID-19, the military’s violence has destroyed Myanmar’s economy. Furthermore, the majority of society has engaged in a predominately non-violent Civil Disobedience Movement (CDM), including a boycott of companies with military links.
Deprived of revenue, the junta has increasingly relied on revenue from natural resources to support their operations and their ongoing campaign to retain power, which has included escalation of armed conflict and attacks on civilians. While much international focus has been given to the revenues generated by the oil, gas, and mining sectors, the forest sector has in the past been an important source of revenue for Myanmar’s governments and entities associated with the military. This report reviews the timber sector’s role in the revenue now being generated for the current military regime..."
Source/publisher:
Forest Trends (Washington, D.C.)
Date of entry/update:
2022-03-09
[field_licence]
Type:
Individual Documents
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Format :
pdf
Size:
2.3 MB (Original version) - 42 pages
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Description:
"The special envoy of the Association of Southeast Asian Nations (ASEAN) for Myanmar and Cambodia's foreign minister Prak Sokhonn announced that he is to visit Myanmar for four days on 20-23 March 2022. This comes after some of the ASEAN member countries criticized the Myanmar junta for making no progress in resolving the crisis that has unfolded in the country since the military coup last year. In January 2022, ASEAN Chair and Prime Minister of Cambodia Hun Sen visited Myanmar while ASEAN members including Malaysia, Indonesia and Singapore demanded Hun Sen for consultation with ASEAN on Myanmar. ASEAN also has denied the participation of the junta leader Aung Min Hlaing at the ASEAN summit in December and the junta-appointed Wunna Maung Lwin at the ASEAN foreign ministers meeting in February 2022.
The United States also announced that a non-political representative will be invited to the US- ASEAN Summit as ASEAN also has had its decision to invite a non-political representative from Myanmar to the summit in Washington on 28-29 March. On both occasions when ASEAN decided to invite non-political representatives from Myanmar, the junta refused and condemned the decision.
Ousted Myanmar leader Aung San Suu Kyi pleaded not guilty during her court case on corruption charges because she allegedly accepted $600,000 and seven gold bars from a political ally. She is also facing 10 additional corruption charges against her in junta courts in Naypyitaw, apart from the charges of violating the Official Secrets Act and alleged election fraud in the 2020 Myanmar General Elections.
A research group in Myanmar, Data for Myanmar, has announced that more than 6,100 Myanmar citizens' houses were burned by the military junta since the military coup, with more than 60% reportedly in Sagaing Region. The heavy fighting between the junta forces and civil resistance forces continues across the country, especially in Chin, Kayah, Karen and Kachin states and Sagaing, Magwe, Mandalay and Yangon regions. The Armed Conflict Location & Event Data Project, an international research group collecting data across the world in conflict zones also announced over 13,000 political violence and protest cases reported in Myanmar in 2021 that nearly 11,000 incidents were involved with fatalities.
The ultra-nationalist group Ma Ba Tha is to lead a campaign to encourage civilians living in people’s resistance forces strongholds to crack down on resistance groups by joining militias led by ordained Buddhists. Media also have reported that the monks from the Yadanar Kan Myint Htale Monastery were armed. The junta’s State Administration Council (SAC) also announced that it had distributed 2,080 weapons to 77 paramilitary groups. The junta freed the ultra-nationalist Buddhist monk Ashin Wirathu from the Ma Ba Tha group, after dropping sedition charges filed during the rule of the ousted NLD government in 2019.
Amid the junta’s increasing airstrikes against civilians, killing civilians and forcing hundreds of thousands to flee their homes that has created a humanitarian crisis, 55 British Parliamentarians from 9 different political parties and Independent MPs have called for aviation fuel sanctions against the Myanmar junta. The European Union has imposed sanctions against Myanmar Oil and Gas Enterprise (MOGE) and for more entities last week after more than a year of advocacy by the Myanmar civil society and rights groups. MOGE is the junta’s biggest single source of revenue, responsible for financing its repression against Myanmar civilians. Despite the criticisms from the rights groups, Norwegian telecom group Telenor will be selling the business to Myanmar conglomerate Shwe Byain Phyu (SBP) controlled by the junta affiliates and Lebanese investment firm M1 Group, the sources said, adding that the $100 million in retained earnings are held at a Myanmar bank.
As of 4 March 2022, the Assistance Association for Political Prisoners (AAPP) recorded that 1,603 people have been killed by the junta. 9,507 people are currently under detention. 84 have been sentenced to death and 1,973 are evading arrest warrants..."
Source/publisher:
Asian Network for Free Elections (Bangkok)
Date of entry/update:
2022-03-08
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Freedom of Movement, violations of in Burma/Myanmar, ASEAN-Burma relations, Business and the Military, Sanctions, Oil and gas
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pdf
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481.51 KB
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Description:
"Telenor Group is violating European Union (EU) and Norwegian sanctions on Myanmar by having installed and maintained a Lawful Interception Gateway (LIG), which it is now proceeding to transfer to a military-linked company.
Telenor purchased the LIG from the Germany company, Utimaco, and is the legal owner of the system, according to documents leaked to Justice For Myanmar.
Huawei, through its Singapore subsidiary, brokered the purchase of the Utimaco LIG and imported it into Myanmar. Utimaco has provided technical assistance via Huawei, keeping the relationship with Telenor Myanmar indirect.
Leaked documents show that the LIG was delivered to Myanmar in February 2018 and installed and integrated into Telenor’s system by May 2018. The LIG was then connected to a state monitoring centre in mid-2020, with remote support from Utimaco.
Once activated, the LIG will enable the terrorist military junta to simultaneously monitor the content of communication on the Telenor network through the Ministry of Home Affairs. This will violate the right to privacy on a large scale and likely result in further arrests, torture and killings by the military junta.
In September, Telenor stated that they have not yet activated the LIG because doing so would breach EU and Norwegian sanctions, and that they therefore have to exit Myanmar to prevent a sanctions breach.
However, Justice For Myanmar contends that Telenor has already breached EU and Norwegian sanctions by installing and maintaining the LIG.
Telenor will further violate EU sanctions by transferring the Utimaco LIG to a consortium led by the military-linked company, Shwe Byain Phyu. The minority shareholder will be M1 Group, a Lebanese company with a long history of complicity with authoritarian regimes.
In April 2018, following the Myanmar military’s genocide against the Rohingya, the EU strengthened sanctions to include surveillance technology.
Under Article 3.1 of EU restrictive measures, “The sale, supply, transfer or export of equipment, technology or software intended primarily for use in the monitoring or interception by the Government of Myanmar/Burma, or on its behalf, of the internet and of telephone communications on mobile or fixed networks in Myanmar/Burma, including the provision of any telecommunication or internet monitoring or interception services of any kind, as well as the provision of financial and technical assistance to install, operate or update such equipment, technology or software, by nationals of Member States or from the territories of Member States shall be prohibited.”
Norway has aligned with EU sanctions on Myanmar.
A Telenor spokesperson did not respond to questions from Justice For Myanmar regarding the transfer of the Utimaco LIG and whether the company has Norwegian government approval under sanctions regulations.
In an email to Justice For Myanmar, a Telenor spokesperson stated, “A key reason why Telenor is selling Telenor Myanmar is that we cannot activate intercept equipment, which all operators are required to. This situation is extreme and difficult, with significant challenges. Telenor must ensure its exit happens in a manner that does not increase the security risk for our employees, and that remains our key priority now. Telenor is awaiting regulatory approval for the sale to M1 Group, and beyond this we do not have any further comments.”
Utimaco is also likely to have violated EU sanctions by having provided indirect technical assistance for Telenor Myanmar’s LIG after sanctions were strengthened in April 2018, and would further violate sanctions if they approve Telenor’s transfer of the LIG.
Utimaco denies having provided any support after April 27, 2018. In an email to Justice For Myanmar, the company stated, “Utimaco has never conducted direct business with one of the mobile network operators in Myanmar. With the introduction of EU export regulation (Council Regulation (EU) 2018/647) which was published on 27 April 2018, Utimaco informed its international business partners that Utimaco ends all activities regarding partner projects in Myanmar. In compliance with EU export law, Utimaco has also not delivered any products or services nor provided any support via indirect partners in Myanmar since then.”
Utimaco did not respond to questions regarding Telenor’s imminent transfer of an Utimaco LIG to Shwe Byain Phyu and M1 Group.
The Utimaco LIG replaced an earlier LIG from the US company, SS8. The SS8 LIG may also be transferred as part of the Telenor Myanmar sale. SS8 did not respond to questions from Justice For Myanmar.
Justice For Myanmar spokesperson Yadanar Maung says: “Telenor Group is showing a blatant disregard for the lives of Myanmar people and violating EU sanctions.
“It is Telenor Group that imported and installed dangerous surveillance technology into Myanmar. Telenor Group and its majority owners, the Norwegian government, must now take responsibility for it.
“By transferring surveillance technology to the military-linked company, Shwe Byain Phyu, Telenor will embolden the terrorist Myanmar military junta, providing capabilities to chase down, torture and kill activists, human rights defenders, humanitarian workers and journalists.
“Shwe Byain Phyu should be sanctioned as a significant business partner of the Myanmar military, not put in charge of a mobile operator, dangerous surveillance technology and the historical call data of 18 million people.
“We call on the Norwegian and German governments to take immediate action to halt the sale and investigate Telenor Group and Utimaco for violating EU sanctions on Myanmar.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-03-05
[field_licence]
Type:
Individual Documents
Language:
Format :
pdf
Size:
169.63 KB
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Description:
"Following the decision by Apple to remove RT and Sputnik apps from all countries except Russia, Burma Campaign UK today repeated its call to Apple to remove apps by the Burmese military-owned company Mytel.
Mytel is a mobile phone network which is a joint venture between the Burmese military and Vietnamese military. It is highly profitable for the Burmese military.
The United Nations has repeatedly reported on the role Burmese military owned companies play in funding the Burmese military and the violations of international law committed by the Burmese military. The UN Fact-Finding Mission report on the economic interests of the Burmese military is available here.
The Burmese military is facing charges of genocide at the International Court of Justice and being investigated for crimes against humanity by the International Criminal Court.
Apple hosts seven apps from Mytel and refuses to remove them. The apps are a critical part of Mytel’s marketing strategy to attract customers and increase profits.
Alphabet/Google and Huawei also host Mytel apps.
Since 2019, Apple has been on the Burma Campaign UK ‘Dirty List’ of companies linked to the Burmese military. Apple has not responded to correspondence.
“Apple need to explain why they think propaganda by the Putin regime is unacceptable, but at the same time think it is acceptable for Apple to help the Burmese military fund genocide,” said Mark Farmaner, Director of Burma Campaign UK. “Just like Putin, the Burmese military use Russian jets and Russian bombs in airstrikes against civilian targets. By hosting Mytel apps, Apple are in a business relationship with a military which has committed genocide and rapes children. Apple must stop helping the Burmese military make money and remove all Mytel apps. No form of business relationship with the Burmese military is acceptable...”
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-03-02
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Human Rights and international relations, 2021 Burma/Myanmar coup d'état
Language:
Local URL:
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Description:
"Acknowledgements:
To have completed such significant and thorough field research in Myanmar over the course
of an unprecedented transition certainly would not have been possible without support and
help from a great many people, and for that and many other things I am deeply grateful. First,
to my family and friends, who supported me throughout this process. Thanks to Sean Turnell,
my PhD supervisor, whose help and guidance throughout were essential. A number of people
provided useful insights and feedback on various parts of this work at various stages, too
many to name. Thanks also to Ian Holliday and Hong Kong University, whose annual
conference on Myanmar was an immensely useful experience in 2011, and was always a
source of useful feedback on my work. Lastly, thanks is also due to Macquarie University,
whose support for both the PhD and the fieldwork made this thesis possible.
In Myanmar, the list of people who I should acknowledge is long. First among those is Aung
Tun, from Myanmar Egress, who helped me oversee the quantitative business survey in
Myanmar and get permission to use the UMFCCI business list. The survey team, of five
enumerators from Myanmar Egress, was also essential in helping to carry out the survey.
Thanks go to the Union of Myanmar Federation of Chambers of Commerce and Industry,
who allowed the research team to survey their members for this project. Thanks go to the
over 200 businesses that were generous enough to give their time to talk to myself or one of
the survey team – learning about businesses in Myanmar would not have been possible
without this.
Thanks also go to The Asia Foundation and Myanmar Development Resource Institute –
Center for Economic and Social Development, who funded a separate work on subnational
governance of businesses completed by this author, including a range of fieldwork visits.
This fieldwork was the primary resource used in the February 2014 report, “Subnational
Governments and Business in Myanmar.” This researcher appreciates the support of both The
Asia Foundation and MDRI and their willingness to allow this research to be used in this PhD
with the appropriate acknowledgement. Thanks are also due to Linn Maung Maung, from
MDRI-CESD, who assisted greatly with that fieldwork and was the co-author on the
aforementioned report.
Needless to say there are many others who have influenced this work, through conversations
and writings. Thanks, then, to all those whose names I have neglected but whose influence I
have not..."
Source/publisher:
Jared Bissinger - MA (International Relations, Australian National University)
Date of entry/update:
2022-03-02
[field_licence]
Type:
Individual Documents
Category:
Economic History, Business and the Military, Burma/Myanmar's relationship with the Global Economy, Political, social and economic dimensions of investment in Burma
Language:
Format :
pdf pdf
Size:
6.3 MB (Original version), 5.9 MB (Reduce version) - 312 pages
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Description:
"The junta has threatened the Myanmar political parties of potential disbandment if they do not comply with its order to submit their financial accounts for inspection by 9 March 2022. The junta-appointed Union Election Commission (UEC) has said that if the parties do not comply with the instruction, they would face legal action under Section 24 (c), (d) and (e) of the Registration of Political Parties Law. These provisions of the law carry potential punishments of a three-year suspension, having their operations halted and disbandment. The UEC has instructed the National League for Democracy (NLD), the Shan Nationalities League for Democracy (SNLD) and two other parties to appear before 14 February to verify their financial accounts and expenses. Both the NLD and SNLD have not appeared yet the junta UEC has issued its warning on 23 February 2022.
The EU announced its fourth round of sanctions against the junta, affecting 22 individuals and 4 entities including government ministers, a member of the State Administrative Council and members of the Union Election Commission, as well as high-ranking members of the junta Forces. Along with Myanma Oil and Gas Enterprise (MOGE), the Htoo Group, the International Group of Entrepreneurs, and Mining Enterprise 1 are among the list of those sanctioned. As regards the sanctioned entities, these are either state-owned companies providing substantive resources to the Tatmadaw, or private companies closely connected to the Tatmadaw's top leadership. The rights groups and the Myanmar civil society have been advocating for sanctions against MOGE in particular. Justice for Myanmar (JFM) welcomed the EU sanctions in a statement and said MOGE is the junta’s biggest single source of revenue, responsible for financing its terror campaign.
Malaysian Prime Minister Ismail Sabri Yaakob met with Cambodian Prime Minister and current Chair of ASEAN Hun Sen on a two-day visit to Cambodia that extended support to the visit of the ASEAN Envoy to Myanmar and stressed the importance of the implementation of the ASEAN five-point consensus that junta leader agreed in April 2021 in Jakarta. Malaysia has been very critical of Hun Sen’s visit to Myanmar in January without proper consultation of ASEAN leaders which led to the postponement of the ASEAN Foreign ministers meeting in Cambodia from January to February 2022.
The Gambia’s case against Myanmar at the International Court of Justice in The Hague has started with the first preliminary objections being heard. The Gambia has accused Myanmar of committing genocide against the Rohingya in violation of the UN’s Genocide Convention. The junta’s legal team was led by the junta’s minister for international cooperation Ko Ko Hlaing and attorney general Thida Oo. The junta’s legal team delivered its preliminary objections and The Gambia responded.
The junta also got attention in the past week for expressing its support to Russia for its invasion of Ukraine. "No. 1 is that Russia has worked to consolidate its sovereignty”, Junta spokesman General Zaw Min Tun said, citing the reasons for the junta to support the action by Russia.
United Nations Special Rapporteur on the rights situation in Myanmar Tom Andrews said that UN Security Council members China and Russia, as well as Serbia, have continued to supply the junta with weapons used to attack civilians since the coup. He further urged the Security Council to convene an emergency session "to debate and vote on a resolution to, at a minimum, ban those arms transfers that the Myanmar military is known to use to attack and kill Myanmar civilians".
India for Myanmar Movement sent an open letter to the organizers of the 5th Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) Summit in Sri Lanka, urging them not to invite coup leader Min Aung Hlaing to the summit. The open letter says that in December 2021 the Myanmar military was invited to take part in military exercises of BIMSTEC countries in India and there are records that Myanmar military representatives attended many of BIMSTEC meetings as country representatives. The summit is scheduled to be held on 30 March 2022.
The latest UNHCR report on Myanmar revealed that the number of IDPs across Myanmar has reached a high of 453,000 since the coup. It also said there were an estimated 46,000 refugee movements to neighbouring countries and 980,000 refugees and asylum-seekers from Myanmar fled to neighbouring countries as of 31 December 2020.
As of 25 February 2022, the Assistance Association for Political Prisoners (AAPP) recorded that 1,582 people have been killed by the junta. 9,378 people are currently under detention. 84 have been sentenced to death and 1,973 are evading arrest warrants..."
Source/publisher:
Asian Network for Free Elections (Bangkok)
Date of entry/update:
2022-03-02
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Politics and Government - global and regional - general studies, strategies, theory, Political prisoners and other violations in Burma - reports, Business and the Military, Sanctions
Language:
Format :
pdf
Size:
476.38 KB
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Description:
"The introduction briefly describes the research topic, the context and rationale,
as well as the aims and the significance of the research. The central research
question of this thesis is: why are the anti-corruption measures initiated in 2013
unable to effectively address corruption in Myanmar? Since 2003, Myanmar is
ranked at the bottom of the Corruption Perception Index (CPI) published
annually by Transparency International (TI). It is perceived as one of the most
corrupted countries in the world (ranked 147 among 168 countries surveyed in
2015) (TI 2016c). Nonetheless, the issue of endemic corruption in Myanmar has
not received much academic scrutiny and 'not enough investigative work is
being done to expose corruption in the country' (Phoe Thauk Kya 2014). After
more than four decades of military rule, Myanmar made a crucial step towards
democracy in 2012, when it held its first democratic elections since 1962. These
elections were part of major political, economic and administrative reforms
(Freedom House 2012). Myanmar is indeed embarking on an important
transition, and it benefits from increasing foreign investment and development
programs. In 2012, the United States (US) and the European Union (EU) lifted
trade embargoes against the country. While this provides many opportunities for
investment and growth, it also creates new and growing forms of corruption
(Freedom House 2012)1
.
Myanmar's private sector is underdeveloped and despite the reforms, the
difficult investment climate remains a critical limiting factor for private sector
development. Corruption is one of the most serious barriers to investment and
commerce (World Bank 2014b), and 'the top concern for businesses, in
Myanmar (Reuters, 6 May 2014). Little business can be accomplished without
resorting to illegal payments (World Bank 2014b). Myanmar is a resource-rich
country with agriculture and extractive industries, which provide the major
portion of national income. Foreign direct investment grew from $329.6 million
received in 2009/2010 to US$8.1 billion in 2014/2015 (Aung Hla Tun 2015).
However, living standards have not improved for the majority of the population,
and Myanmar remains one of the poorest countries in Asia with nearly one third
of the population living in poverty (CIA 2016). Peter Pedersen and Clare Wee
from the Asian Development Bank (ADB)'s Office of Anti-corruption and
Integrity, argue that fighting corruption and fraud is crucial to achieving the goal
of reducing poverty in the Asia-Pacific region. This is because corruption usually
has a negative impact on development projects (ADB 2012), undermines
sustainable development, and prevents the benefits of economic growth from
being widely shared (ADB 2014).
The landslide victory of Aung San Suu Kyi's political party, the National League
for Democracy (NLD), at the November 2015 national legislative elections, can
be regarded as a step towards an opening for the country. Nevertheless,
establishing effective anti-corruption measures remains crucial for Myanmar's
development process and to protect future investment. After the signature of the
United Nations Convention Against Corruption (UNCAC) in 2005 and its
ratification in 2012 (UNODC 2013), Myanmar's government enacted a new Anti-Corruption Law (ACL) on 7 July 2013 and formed a new Anti-Corruption
Commission (ACC) on 25 February 2014 (Ei Ei Toe Lwin 2014). However, so
far, in the most prevalent surveys related to corruption undertaken by
International Organisations (IOs) and International Non-governmental
Organisations (INGOs), Myanmar's score has not significantly improved (TI
2016c; World Economic Forum (WEF) 2015; World Bank 2015b)2
. Since its
creation, the ACC has been criticised by Myanmar's journalists and political
opposition, particularly for its lack of independence (Eleven Myanmar, 1 July
2015; Ei Ei Toe Lwin 2014; Naing Ko Ko 2014). The perceived effectiveness of
an anti-corruption agency (ACA) is usually linked by academics to its ability to
act independently (Schütte 2012, 23). Thus, the thesis examines the
entrenched nature of corruption in Myanmar, its political culture and the
limitations of the ACL and of the ACC.
Aims and Significance of the Research
The objective of the research is to explain why the new anti-corruption
measures initiated in 2013 have been unable to successfully address the issue
of corruption in Myanmar. In order to do so, the research first tries to determine
the nature and extent of corruption in Myanmar. Then, the thesis considers the
former anti-corruption measures established before 2013, and examines the
political context and the motivations, which led the government to implement
new anti-corruption measures. It focus on the period from when Myanmar start
transitional reforms in 2010, until the introduction of the new anti-corruption
measures in 2013. The thesis reviews the features of the ACL and of the ACC,
determines their weaknesses and limitations and ascertains why corruption
persists. The thesis, then identifies some potential strategies to make the ACC
more effective by examining the challenges and the performance of ACAs in
other countries such as Hong Kong, Singapore, Indonesia or Vietnam. Finally,
the research analyses the alternatives for addressing the issue of corruption in
Myanmar.
Since the early 1990s, academic and policy interest in corruption in developing
countries has greatly increased. Several international institutions such as the
Organisation for Economic Co-operation and Development (OECD) and the
United Nations (UN), INGOs such as TI, and national governments, have
proposed various strategies intended to reduce corruption in the Global South.
Despite the prevalence of publications on corruption in Asia, there is a lack of
research or academic literature on corruption in Myanmar. This is, despite the
fact that it is one of the highest-ranking Asian countries in terms of official
corruption. There is also little available evidence of the specific forms and
patterns of corruption in the country. Consequently, although recent political and
economic reforms initiated by Myanmar's government can be regarded as a first
2 From 2014 to 2016, Myanmar's score in the CPI ranged from 21 to 22 (scores ranging from
100 (highly clean) to 0 (highly corrupt)) (TI 2016c). In the 2014-2015 WEF's Global
Competitiveness Index, Myanmar's rank in terms of 'Ethics and corruption' is 121 among
144 countries with a score of 2.6 (scores ranging from 1 (lowest) to 7 (best)) (WEF 2015).
Between 2013 to 2014, Myanmar's rank in terms of 'controlling corruption' in the World
Bank’s Worldwide Governance Indicators, increased slightly from 12.4 to 17.3 but remained
very low (percentile rank among all countries ranges from 0 (lowest) to 100 (highest) rank)
(World Bank 2015b).
2
step to democratisation, the country continues to face a major corruption issue,
which threatens its development. As there is a dearth of research on corruption
and anti-corruption initiatives in Myanmar, this thesis is important because it will
provide a comprehensive assessment of the legal and institutional anti-
corruption framework. It will focus specifically on the anti-corruption measures
initiated by the government in 2013, which have not yet been analysed in
publications, by any organisation or institution.
Structure of the Thesis
Chapter One defines the methodology and the sources of data used, as well as
the major concepts relevant to the research question. Additionally, this chapter
examines the existing literature on the research topic. Chapter Two determines
the nature and extent of corruption in the country, and the political context in
which new anti-corruption measures have been implemented. Chapter Two also
evaluates the provisions of the ACL in light of the UNCAC. Chapter Three
explores possible ways to make the ACC more effective by identifying reasons
for the ACC’s poor performance. Furthermore, this chapter analyses whether an
ACA is the most effective tool to address corruption in Myanmar, by comparing
it with other ACAs established in the region. In concluding, the thesis reviews
the contributions of the research undertaken and the implications of its findings,
and proposes opportunities for future research..."
Source/publisher:
The University of Melbourne
Date of entry/update:
2022-03-02
[field_licence]
Type:
Individual Documents
Category:
Corruption, Economic History, Business and the Military
Language:
Format :
pdf
Size:
396.27 KB (Original version) - 52 pages
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Description:
"Burma Campaign UK has today added 28 more companies to the ‘Dirty List’ of companies which are linked to the Burmese military, human rights violations, or environmental destruction in Burma. The additions mean there are now 116 companies on the list.
The list is available here: https://burmacampaign.org.uk/take-action/dirty-list/
“Even genocide and a military coup has not been enough to persuade these companies to cut their links to the Burmese military,” said Mark Farmaner, Director of Burma Campaign UK.
New companies added include Japanese companies such an KDDI Corporation, Daiwa House, and the Japan Bank for Overseas Co-operation for their involvement in projects on military-owned land.
Two more American tech companies have been added, Sectigo/Sitelock, and OnlineNIC, for hosting or providing services to Burmese military websites. They join Alphabet/Google and Apple, which host apps for military companies.
Telegram, the messaging service, has also been added for hosting military channels and allowing hate speech and doxing.
Companies added come from 12 countries, 8 from Japan, 8 from Vietnam, 3 from USA, and one each from Russia, Singapore, Hong Kong, India, China, Canada, UAE, Turkey and Thailand.
All companies were written to in advance of being placed on the list, to give them the opportunity to correct any incorrect or out of date information and to end their involvement and avoid being placed on the list.
The new edition of the ‘Dirty List’ was first published in 2018 and has been regularly updated since then. Many companies have cut their links to the Burmese military or projects linked to human rights violations to avoid being placed on the list or after being placed on it. Companies removed from the list include EDF, Maersk, Evergreen, Western Union and Infosys.
“The Burmese military has committed genocide, war crimes and crimes against humanity, doing any form of business with them is completely unacceptable,” said Mark Farmaner. “The Dirty List exposes the role companies all over the world are playing in helping to finance the military and supply it with arms..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-03-01
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, The Burmese military's role in the economy, Human Rights and international relations
Language:
Local URL:
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Description:
"MONTHLY HIGHLIGHTS:
● 234 diaspora, CBOs/CSOs, & nonprofit
organizations urged President Biden to
implement a coordinated response against
the Burmese junta on the Feb 1st coup
anniversary.
● 247 CSOs rejected UN Special Envoy Dr.
Noeleen Heyzer’s proposal that those
defying the military must negotiate
power-sharing as a solution.
● Kirin Holdings announced withdrawal
from joint venture with Burmese junta.
● Burmese junta’s approved transfer of
Telenor sale to Lebanon’s M1 Group and
junta-backed Shwe Byain Phyu - putting
18 million civilians’ data at risk.
● Opening of public hearings for the
Rohingya genocide case at the ICJ began
on Monday, February 21st.
● On February 21st, the EU enacted a fourth
round of sanctions targeting 22 individuals
and 4 entities, including MOGE....RECOMMENDATIONS
1. Impose immediate targeted sanctions on the Myanma Oil and Gas Enterprise and the
Myanmar Foreign Trade Bank;
2. Provide immediate cross-border assistance directly to local civil society organizations,
particularly those working in ethnic areas and conflict zones;
3. Recognize and engage with the National Unity Government (NUG) as the legitimate
government of Burma instead of the illegal military junta;
4. Exert all possible pressure through every available means, including multilateral, regional
and bilateral engagement, to ensure that the military allows humanitarian assistance in the
impacted areas, immediately stops offensives throughout the country, and unconditionally
releases all arbitrarily detained protesters and political prisoners..."
Source/publisher:
US Campaign for Burma
Date of entry/update:
2022-03-01
[field_licence]
Type:
Individual Documents
Language:
Format :
pdf
Size:
2.57 MB
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Description:
"55 British Parliamentarians from 9 different political parties and Independent MPs have joined the call for aviation fuel sanctions against the Burmese military.
The Parliamentarians are backing Early Day Motion 908, which calls on the British government to introduce sanctions to stop aviation fuel reaching the Burmese military.
Since the military coup last year, the Burmese military are increasingly using airstrikes against civilians, killing and injuring civilians, and forcing hundreds of thousands to flee their homes. This has created a humanitarian crisis.
“The Burmese military are committing crimes against humanity through the indiscriminate bombing of civilians in ethnic states. Sanctioning aviation fuel would help ground the jet planes and stop the bombings,” said Rushanara Ali MP, who tabled the motion.
The Early Day Motion ‘One year anniversary of the military coup in Myanmar’, also calls on the British government to support a referral of Burma to the International Criminal Court (ICC) and to join the Rohingya genocide case at the International Court of Justice (ICJ).
Almost half a million people have been displaced in Burma since the attempted coup. The majority have been displaced because of airstrikes or the threat of air strikes, with jet planes, helicopters and drones circling over villages and preventing people from returning home because of the fear of being bombed. This is mainly taking place in ethnic states and Sagaing region and is causing a humanitarian crisis.
In the parliamentary motion, the MPs “note in horror the increased attacks by the military in ethnic areas including Chin, Karenni and Karen State over the recent months which includes the burning of people alive, torching of villages and killings of children” and demand “an urgent stop to the attacks”.
“The British government has led on sanctions since the coup, systematically identifying sources of revenue for the Burmese military and introducing targeted sanctions. Sanctions now need to be introduced on Burmese companies that supply aviation fuel to the military and British companies involved in any aspect of the supply of aviation fuel, including shipping, insurance and services,” said Karin Valtersson, Campaigns Officer at Burma Campaign UK..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-02-28
[field_licence]
Type:
Individual Documents
Language:
Local URL:
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Description:
"Burma Human Rights Network is delighted by the newest round of sanctions by the European Union against Myanmar Oil and Gas Enterprise (MOGE). The company has been a lifeline to the junta, providing them with cash flow while they mobilise to enforce their illegitimate rule over the country.
“This is a positive outcome of campaigned by many INGOs and CSOs including BHRN. By targeting this sector, the EU is leading the way for the world against the tyranny of the Burmese junta. The military is spreading itself and its resources thin throughout the country to suppress any resistance to their dictatorship. If the world launches strong sanctions on the military’s business interests and instates an arms embargo, the junta will not be able to continue,” said BHRN’s Executive Director, Kyaw Win.
In previous sanctions rounds against Burma by the EU, MOGE was left untouched. This marks a new level of intensity and seriousness by the international community against the Burmese military.
BHRN calls on the US and UK to take the same measures. Simultaneously a global arms embargo must be imposed on the Burmese military, preventing them from further committing atrocities against their people. The military must be treated as a illegal terrorist regime and given no platform as state representatives. Instead, all nations must come forward and formally recognise the National Unity Government as the only legitimate government of Burma and offer them all necessary support for them to regain the power taken from them by force. At the same time, the NUG must be more inclusive, make sure their policies are aligned with democratic norms and respect the rights of marginalised minorities.
Organisation’s Background
BHRN is based in London and operates across Burma/Myanmar working for human rights, minority rights and religious freedom in the country. BHRN has played a crucial role in advocating for human rights and religious freedom with politicians and world leaders..."
Source/publisher:
Burma Human Rights Network
Date of entry/update:
2022-02-25
[field_licence]
Type:
Individual Documents
Language:
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Description:
"Global Witness welcomes today’s announcement by the European Union that it is adding Myanmar’s state-owned oil and gas company, Myanma Oil and Gas Enterprise (MOGE), to its sanctions list, along with 22 individuals and three other companies.
The individuals sanctioned include a number of officials from the State Administration Council - the military junta’s governance vehicle. They also include 14 members of the military-appointed Union Election Commission who have helped the military launder its claims of election fraud by invalidating the November 2020 last summer in spite of a glaring lack of evidence.
These sanctions are extremely important and demonstrate that the EU is willing to begin holding those who have helped enable the military’s actions to account. However, it is the EU’s decision to add MOGE to its sanctions list that is the most significant step any member of the international community has yet taken to punish Myanmar’s brutal military junta for its ongoing attempt to take control of the country.
Myanmar’s offshore gas sector provides over a billion USD per year in revenue to the government, money that is now being expropriated by a military junta that has killed over 1,500 civilians since the coup. Activists have been calling for months for the international community to cut off the military’s access to this revenue by sanctioning MOGE, and the EU appears to have finally heeded these calls.
“The addition of MOGE to the EU sanctions list is a hugely important step in targeting the revenue sources helping keep the military afloat,” said Hanna Hindstrom, Myanmar Senior Campaigner at Global Witness. “While the EU and other countries have sanctioned dozens of other entities, the exclusion of MOGE seriously limited the effectiveness of those sanctions. Today’s announcement shows that the EU is finally serious about addressing the main financial lifeline for the military government,” said Hindstrom.
In spite of the clear case for sanctioning MOGE, the past year has seen the EU and US take the side of the oil and gas companies and their lobbyists over Myanmar’s pro-democracy movement. The announcement in late January by Chevron and Total that they would begin withdrawing from the country due to the military’s human rights abuses signaled the companies were finally responding to the pressure and appears to have removed the final barriers for action from the EU.
“This move is a welcome one but long overdue. Now the US and UK must follow suit, and all three must focus on enforcing these crucial economic sanctions,” concluded Hindstrom..."
Source/publisher:
"Global Witness" (London)
Date of entry/update:
2022-02-25
[field_licence]
Type:
Individual Documents
Language:
Local URL:
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Sub-title:
Total Energies, Chevron, Other Companies Should Put Shares in Escrow
Description:
"The European Union should swiftly enforce new sanctions targeting Myanmar’s junta and its state-owned oil company, Myanmar Oil and Gas Enterprise (MOGE), Human Rights Watch said today. The EU should also ensure that the withdrawals of EU companies complying with sanctions do not benefit the junta. The United States, United Kingdom, Norway, Japan, Thailand, South Korea, Australia, and other countries should quickly adopt similar measures.
On February 21, 2022, the EU imposed new sanctions on junta officials, junta-linked “cronies,” and junta-controlled businesses including MOGE, which partners with international energy companies in the oil and gas sector.
The new sanctions will require several energy companies to terminate their operations in Myanmar, a significant impact since natural gas earnings are the Myanmar junta’s single largest source of foreign currency revenue. However, ambiguous provisions raise concerns that companies might transfer their stakes to MOGE or to other companies not subject to sanctions.
“If energy companies leaving Myanmar end up transferring their ownership shares or revenues to MOGE’s benefit, this will only further enrich and entrench the abusive and brutal junta,” said John Sifton, Asia advocacy director at Human Rights Watch. “The sanctions are meant to pressure the junta, not to allow Total Energies, Chevron, and others to bolster military rule.”
Since the military coup on February 1, 2021, the junta’s crackdown on opposition has seen mass killings, torture, sexual violence, arbitrary arrests, and other widespread and systematic abuses amounting to crimes against humanity. Continuing military attacks in the country’s ethnic areas have resulted in numerous war crimes.
Companies’ responsible exits from Myanmar should include placing companies’ existing shares or property rights into trust or escrow to ensure the revenues from those shares do not benefit the military. This includes shares of existing exploration or development projects or production or pipeline transportation ventures, Human Rights Watch said.
This is consistent with their responsibilities under the United Nations Guiding Principles on Business and Human Rights, whose commentary states that factors to consider in determining “appropriate action[s]” in cases in which business activities are enabling rights abuses include consideration of “whether terminating the relationship with the entity itself would have adverse human rights consequences.”
Total Energies, Chevron, and Woodside have each stated recently that they plan to withdraw from Myanmar in the coming months. Total Energies, headquartered in France, and Chevron, in the US, are involved in joint operations with MOGE related to offshore gas production and delivery to Thailand. Australia-based Woodside has exploratory and production rights in several other offshore gas fields. The company ENI, based in Italy, is involved in onshore oil production.
Transferring ownership shares to MOGE or a third party outside of EU jurisdiction would have negative consequences by increasing MOGE’s ownership shares and future revenue, strengthening the junta’s resources and capacities. Myanmar’s military uses its foreign currency revenue primarily for the military’s benefit, Human Rights Watch said.
The new EU sanctions appear to prohibit transfers or sales of shares to MOGE, since it is a “sanctioned entity.” However, the measures also temporarily authorize “making available” to MOGE “economic resources” when EU authorities determine that doing so is necessary for “the transfer before 31 July 2022 of shares or interests necessary for the termination of contracts” with MOGE. The ambiguous wording, apparently meant to temporarily license incidental transactions companies make while exiting, could be interpreted to authorize transferring shares to MOGE and should be clarified.
EU governments implementing new sanctions applicable to MOGE – in particular, the French and Italian governments since Total Energies and ENI fall under their jurisdiction – should make clear to companies that their ownership shares cannot be transferred or sold to MOGE.
Companies should urge other energy companies remaining in Myanmar, including current joint venture partners, to place future revenue shares to MOGE into trust or escrow accounts as well. Thailand’s state-owned PTT and South Korea’s POSCO, the two main energy companies remaining in Myanmar, should signal their support for such measures. The largest gas revenue payments to junta-controlled accounts are made via PTT, which purchases approximately 80 percent of Myanmar’s exported natural gas.
If exiting companies determine that they must sell or transfer their shares to another business entity, they should ensure that entities receiving such shares will respect international sanctions and follow international standards on business and human rights.
Human Rights Watch has previously urged other companies exiting Myanmar, including the Japanese beverage company Kirin, to ensure that their shares are not transferred to the military or sold or transferred in a way that benefits the junta.
To help prevent other companies or Myanmar authorities from undermining sanctions, other governments should follow the EU’s lead and impose similar measures specifying that transfers of ownership to the junta are prohibited, Human Rights Watch said. Additional sanctions would also help ensure that the junta isn’t able to evade the new EU sanctions in other jurisdictions.
“The overarching effect of the EU’s new sanctions is to restrict the junta’s access to MOGE revenues,” Sifton said. “Myanmar’s military won’t improve its rights record until the economic impacts of sanctions become too great to bear.”..."
Source/publisher:
Human Rights Watch (USA)
Date of entry/update:
2022-02-24
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, Burma's economic relations with the European Union, 2021 Burma/Myanmar coup d'état
Language:
Local URL:
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Description:
"The National Unity Government (NUG) would like to express our profound appreciation of the
European Union (EU) and its member states' continued support of various efforts to restore
democracy and civilian government. We recognize and deeply value EU's contribution to Myanmar's
democratic transition and the peace process in the past few years.
We welcome the appointment of Ambassador Igor Driesmans as the European Union's Special Envoy
for Myanmar. We are looking forward to engaging and collaborating with His Excellency to realize
our goals for Federal Democracy and eliminate all kinds of dictatorship in Myanmar.
The NUG lauds the adoption of the fourth round of sanctions against 22 individuals affiliated with
the military regime and four companies, including Htoo Group, IGE (International Group of
Entrepreneurs), Mining Enterprise 1 (ME 1), and Myanma Oil and Gas Enterprise (MOGE). These
companies generate a significant amount of revenue, especially the MOGE, which enables the junta
to continue to commit crimes against humanity against the people of Myanmar. The sanction is a
powerful instrument in cutting the junta’s sources of revenue, which is a critical pressure point
against Min Aung Hlaing and his self-styled the State Administration Council (SAC).
It has been a year since the military junta robbed us of our rights, undermined our path to democratic
transition, dragged the country to instability, and inflicted humanitarian catastrophe. While the rest
of the world is dealing with the lethal impact of the COVID-19 pandemic, the junta continues to
indulge itself in unspeakable crimes against the people. Millions of people continue to flee to avoid
the junta's brutality. Communities are continuously torched to ashes and indiscriminately bombed.
Thousands continue to be arbitrarily arrested, tortured, and murdered. The people's fundamental
rights are continuously being violated and freedom of expression repressed. The instability induced
by the junta has already led to an unprecedented economic crisis. Our neighbors have been bearing
the coup's cross-border humanitarian and economic impact. The only way for all of these crimes and
atrocities to stop is to restore democracy and eliminate the military dictatorship. Thus, the NUG
strongly urges other countries to follow the EU's sanction against the junta’s revenue streams. We
also urge the EU and the international community at large to put pressure against the countries that
continue to engage in weapons trade with the military junta..."
Source/publisher:
Ministry of Foreign Affairs - Myanmar - NUG
Date of entry/update:
2022-02-24
[field_licence]
Type:
Individual Documents
Language:
Format :
pdf pdf
Size:
100.93 KB 354.89 KB
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Description:
"New sanctions significant – Aviation fuel must be next.
Burma Campaign UK today welcomed a new round of EU sanctions against the Burmese military and its allies, agreed by EU Foreign Ministers today.
The decision today by the EU Foreign Affairs Council has been published in the official journal of the EU here:
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022D0243&from=EN
The new round is particularly significant for two reasons:
Myanmar Oil and Gas Enterprise (MOGE) has been sanctioned for the first time. During the previous military dictatorship, the EU never imposed sanctions on the gas sector.
It is the first time the EU has imposed sanctions on the Burmese military that were not a direct response to a new atrocity by the Burmese military. This is precedent setting. It represents an understanding that the EU needs to continue to identify and sanction sources of revenue and arms to the military. The UK, USA and Canada have already been pursuing this policy.
“These sanctions are significant and welcome,” said Anna Roberts, Executive Director of Burma Campaign UK. “By targeting the oil and gas sector the EU has leapfrogged the USA, targeting one of the main sources of revenue for the military. The USA, which has broader sanctions powers than the EU, must now follow.”
The sanctions announced by the EU include the state owned and now military controlled Myanmar Oil and Gas Enterprise (MOGE), the state owned and now military controlled No1 Mining Enterprise, crony companies Htoo Group and IGE which provide financial and other support to the military, members of the Burmese military. State Administrative Council, and military appointed members of the Union Election Commission.
EU sanctions on MOGE are a huge campaign success for all the civil society organisations in and from Burma and around the world which have campaigned so hard for gas revenue sanctions.
“There is still much more that the EU can do to ensure European companies are not helping to fund and arm the Burmese military,” said Anna Roberts. “The European Union must also sanction aviation fuel. Airstrikes by Burmese military jets and helicopters have forced hundreds of thousands of people from their home and created a humanitarian crisis...”
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-02-22
[field_licence]
Type:
Individual Documents
Language:
Local URL:
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Description:
"The Council today adopted a fourth round of sanctions in view of the continuing grave situation and of intensifying human rights violations in Myanmar/Burma, following the military coup in the country on 1 February 2021.
The new listings target 22 persons and 4 entities, including government ministers, a member of the State Administrative Council and members of the Union Election Commission, as well as high-ranking members of the Myanmar Armed Forces (Tatmadaw). As regards the sanctioned entities, these are either state-owned companies providing substantive resources to the Tatmadaw, or private companies closely connected to the Tatmadaw's top leadership. These companies are Htoo Group, IGE (International Group of Enterpreneurs), Mining Enterprise 1 (ME 1) and Myanma Oil and Gas Enterprise (MOGE).
Restrictive measures now apply to a total of 65 individuals and 10 entities, and include an asset freeze and a prohibition from making funds available to the listed individuals and entities. In addition, a travel ban applicable to the listed persons prevents these from entering or transiting through EU territory.
Existing EU restrictive measures also remain in place. These comprise an embargo on arms and equipment that can be used for internal repression, an export ban on dual-use goods for use by the military and border guard police, export restrictions on equipment for monitoring communications that could be used for internal repression, and a prohibition on military training for and military cooperation with the Tatmadaw.
The restrictive measures come in addition to the withholding of EU financial assistance directly going to the government and the freezing of all EU assistance that may be seen as legitimising the junta.
The European Union is deeply concerned by the continuing escalation of violence in Myanmar and the evolution towards a protracted conflict with regional implications. Since the military coup, the situation has continuously and gravely deteriorated.
As a matter of priority, the EU reiterates its calls for an immediate cessation of all hostilities, and an end to the disproportionate use of force and the state of emergency. The European Union will continue to provide humanitarian assistance, in accordance with the principles of humanity, neutrality, impartiality and independence. The EU reiterates its call for the full and immediate respect of international humanitarian law..."
Source/publisher:
Council of the European Union
Date of entry/update:
2022-02-22
[field_licence]
Type:
Individual Documents
Category:
Sanctions, Business and the Military, Sanctions - general
Language:
Format :
pdf
Size:
29.72 KB
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Description:
"Governments and companies in South East Asia that have provided support for Myanmar’s military are revealed in a new section of Justice For Myanmar’s Cartel Finance Map. The map visualises the business links that provide arms, services, finance and investment to the military. Through these business links, the military has effectively financed the Rohingya genocide and the junta’s current campaign of terror against the Myanmar people.
Following its attempted coup in February 2021, the Myanmar military has murdered over 2,000 civilians and arrested over 12,000 more.
The military receives revenue through the business entities that it controls, including Myanma Oil and Gas Enterprise (MOGE), Myanmar Economic Corporation Ltd (MEC) and Myanma Economic Holdings Public Co. Ltd (MEHL), among others.
Governments of the Association of Southeast Asian Nations (ASEAN) are directly implicated through their business interests in Myanmar – via state-owned enterprises, oil and gas companies, arms manufacturers, stock exchanges, banks, significant individual investors and more.
Based on the findings of extensive research, the following are some examples from the map of the economic interests that link Southeast Asian governments and companies to Myanmar’s military junta.
Supplying weapons
Filipino arms manufacturer United Defense Manufacturing Corporation (UDMC) shipped 450 kilos of guns to Myanmar as the military launched its campaign of genocide against the Rohingya in August 2017. Prior to this transaction, UDMC had spent years pursuing a business relationship with the Myanmar military, offering technology transfer and cooperation on arms manufacturing.
In 2020, Indonesia disclosed that its state-owned enterprise, PT. Pindad, has exported bullets to Myanmar. PT. Pindad has a cooperation agreement with arms broker, True North Co. Ltd, which is owned by the Htoo Htoo Shein Oo, the son of the Myanmar military junta’s planning and finance minister, Win Shein.
Energy sector investments that fund the junta
State-owned oil company, Brunei Energy Services & Trading, has a joint investment in three oil blocks in Myanmar with International Group of Entrepreneurs (IGE). IGE is a crony conglomerate owned by Ne Aung, the son of a former military lieutenant colonel and minister for industry under the previous military dictatorship. While development of the blocks is currently suspended, the company owes USD$20 million to the junta-controlled Myanmar Oil and Gas Enterprise (MOGE).
The Government of Thailand is a major investor in Myanmar’s energy sector. PTT Exploration and Production Public Co. Ltd (PTTEP), majority owned by the Thai government, operates the Zawtika gas field and is an investor in the Yadana project in Myanmar. The company is positioned to take over as operator of the Yadana project as well, following decisions by current operator Total, and Chevron, to divest from the project. In 2017-18, the Myanmar government received over USD$40 million for the Zawtika project and over $250 million for the Yadana project. These funds now flow to the junta.
Profiting from surveillance
The Government of Vietnam also invests in Myanmar’s infrastructure via Viettel, a telecommunications company owned by its Ministry of National Defence. Viettel Global is a joint investor, alongside a Myanmar military conglomerate, in mobile telephone company, Mytel. Mytel is controlled by – and is a major source of revenue and technology for – the Myanmar military. Mytel is also known to conduct surveillance on customers and support the military’s communications infrastructure in cooperation with the Myanmar army’s Directorate of Signals..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-02-18
[field_licence]
Type:
Individual Documents
Language:
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Description:
"Mekong Watch, Friends of the Earth Japan (FoE Japan) and Justice For Myanmar (JFM) cautiously welcome media reports about Mitsubishi Corporation’s stated intention to withdraw from the Yetagun gas project in Myanmar, citing deteriorating profitability as the gas field nears the end of its life.
We call on Mitsubishi to ensure that their exit is responsible and to prevent further complicity in human rights violations associated with the project.
A responsible exit by Mitsubishi Corporation must include the withholding of revenue from the project that is being paid to the Myanmar military junta, which helps to finance the military’s campaign of terror.
In December, leaked documents published by Justice For Myanmar showed that the Yetagun project would earn the military junta US$22.37 million over six months from 21 October, 2021. In the documents, the illegitimate junta leadership expressed a direct interest in Yetagun project payments owed to Myanma Oil and Gas Enterprise (MOGE), implicating Mitsubishi and other partners in the project.
Mekong Watch and FoE Japan have been requesting Mitsubishi and other Japanese stakeholders in the Yetagun project to ensure that revenue from the project will not flow to the military, and to disclose the payments they have made or plan to make in connection with the project. However, Mitsubishi and other Japanese stakeholders have failed to act on both these points.
In January, civil society organisations including Mekong Watch, FoE Japan and JFM wrote to investors of Japanese businesses with links to the military junta, including Mitsubishi Corporation, calling for engagement to cut off revenue flows to the junta.
The Yetagun project is operated by a consortium led by Malaysian state-owned oil company Petronas Carigali, Thailand’s PTTEP, Japan’s Nippon Oil Exploration (Myanmar), with the military-controlled MOGE. Nippon Oil Exploration (Myanmar) is jointly held by JX Nippon Oil & Gas Exploration (a subsidiary of ENEOS Holdings), the Government of Japan and Mitsubishi Corporation.
So far, the Government of Japan and ENEOS have not expressed any intention to withdraw from the project.
Yuka Kiguchi, Director of Mekong Watch, stated, “The Yetagun field began production in 2000, and along with the other gas fields, was an important source of revenue for the military regime in Myanmar at the time and likely helped to expand the military budget. Mitsubishi Corporation, which entered the Yetagun consortium in 2013, shares responsibility over the atrocities committed in Myanmar today. Simply withdrawing from the Yetagun project citing deteriorating profitability means that the company is not taking full responsibility. In addition to the Yetagun project, Mitsubishi Corporation is participating in problematic projects in Myanmar such as the Landmark project and Thilawa SEZ (Special Economic Zone) without accountability or sufficient consideration for human rights. The company should raise its standards and for Yetagun, withdraw with full environmental and social considerations."
Yadanar Maung, Justice For Myanmar spokesperson, commented, “Mitsubishi Corporation has been complicit in financing the illegal military junta’s grave human rights violations and atrocity crimes through their investment in the Yetagun project. As part of divestment, Mitsubishi should take concrete steps to prevent the Yetagun project’s continuing bankrolling of the Myanmar military. As a leading Japanese corporation, Mitsubishi Corporation should push other project partners to place Yetagun revenues in an escrow account, in consultation with the National Unity Government (NUG).
“Mitsubishi Corporation’s withdrawal from Yetagun should send a strong message to the Malaysian and Thai governments, who are the biggest shareholders in the project, through Petronas and PTTEP respectively. As members of the Association of Southeast Asian Nations (ASEAN), Thailand and Malaysia’s business with the terrorist junta undermines ASEAN’s Five-Point Consensus, providing millions to the military that finances continued violence...”
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-02-18
[field_licence]
Type:
Individual Documents
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133.33 KB 151.81 KB
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Description:
"Despite its souring relationship with the Myanmar junta, some governments and businesses from the Association of Southeast Asian Nations (ASEAN) have supplied arms, funds and investments to the Myanmar military.
ASEAN is a 10-member bloc made up of Southeast Asian countries, including Myanmar.
According to the latest report by Justice for Myanmar (JFM), a group of activists campaigning for justice and accountability for the people of Myanmar, six countries—Indonesia, the Philippines, Vietnam, Cambodia, Singapore and Thailand—are involved in sectors including arms sales, telecoms and oil and gas.
The report comes at a time when the Myanmar regime is being shunned by other ASEAN member states, which have barred the junta’s top officials from its summits for its failure to honor its promises to solve the country’s political crisis, including ceasing violence. Myanmar has been in social and political turmoil since February last year after the military staged a coup. The regime has killed more than 1,500 people so far, according to the Assistance Association for Political Prisoners (Burma).
JFM released the statement on Thursday as ASEAN held a summit in Cambodia and mainly discussed the Myanmar crisis. Myanmar’s top diplomat Wunna Maung Lwin was barred from the summit in Phnom Penh over a lack of progress in defusing the violence and implementing the five-point consensus.
JFM said in the report that Indonesia and the Philippines have supplied arms to the junta.
An Indonesian state owned enterprise, PT Pindad, exported bullets to Myanmar in 2020. And Philippine arms manufacturing company United Defense Manufacturing Corporation (UDMC) shipped guns to Myanmar in August 2017.
In the telecommunications sector, Viettel Global, owned by the Vietnamese Ministry of National Defense, is a joint investor with a Myanmar military conglomerate in Mytel.
Mytel is a major source of revenue and technology for the Myanmar military.
She Zhi Jiang, a Cambodian citizen, is the main investor in the Yatai City project in Shwe Kokko, Myawaddy Township, a huge real estate, casino and entertainment development.
Yatai City is being developed as a joint venture with the Karen State Border Guard Force, a militia group under the command of the Myanmar military.
In the financial sector, Singapore is a key source of business activities between the Myanmar military and its partners.
JFM reported that the Singapore Stock Exchange (SGX)-listed Emerging Towns & Cities Singapore (ETC) made payments worth millions of dollars to the regime for property development by renting property from the Quartermaster General’s Office of the Myanmar army.
In the oil and gas sector, PTT Public Co. Ltd, whose majority shareholder is the government of Thailand, is an operator and investor in multiple gas exploration projects in Myanmar.
PTT Exploration and Production (PTTEP), a subsidiary of PTT, will be alone at the Yadana gas production project in Myanmar as Total Energies from France and Chevron Corp of the US plan to exit the country due to the humanitarian situation following last years’ coup.
The Blood Money Campaign, which works to keep the military regime from earning foreign currency income and to prevent international businesses from working with the military, called on ASEAN members and other foreign countries to stop doing business with the military.
Ko Ye, a spokesperson for the campaign, said, “Rather than telling the junta to stop the violence and crimes, they need to get involved in practical efforts to cut out doing business with the junta.”
JFM pointed out that no ASEAN countries have placed sanctions on the junta or its businesses.
Yadanar Maung, a spokesperson for JFM, said, “ASEAN governments and companies must immediately end business with the military junta and its partners, and stop supplying arms and equipment to the terrorist military...”
Source/publisher:
"The Irrawaddy" (Thailand)
Date of entry/update:
2022-02-18
[field_licence]
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Individual Documents
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Sub-title:
Kirin Should Not Sell Stakes to Military-Owned Entities
Description:
"apanese beverage giant Kirin Holdings Company is pulling out of Myanmar.
The decision, announced on February 14, came after a year of fruitless negotiations with the military-owned Myanmar Economic Holdings Public Company Limited (MEHL) to terminate a joint venture partnership. Kirin says it will “withdraw” from Myanmar by June.
Kirin had reportedly hoped to stay in Myanmar when it began the process of cutting ties with MEHL days after the February 1, 2021 military coup. But those hopes were dashed after facing numerous difficulties – including MEHL’s surprise filing to dissolve the joint partnership without notifying Kirin.
Kirin operates two joint ventures in the country – Myanmar Brewery and Mandalay Brewery – with MEHL. Even before the coup, human rights organizations, including Human Rights Watch, criticized Kirin’s ties with MEHL because they meant Kirin risked funding the military. The criticisms intensified as military atrocities, including crimes against humanity and acts of genocide against the ethnic Rohingya in Rakhine State in 2017, increasingly came to light. After the coup, pressure on Kirin mounted, culminating in a nationwide boycott of Myanmar Brewery products.
As it goes through the process of exiting Myanmar, Kirin should continually conduct rigorous human rights due diligence on its plans, ensuring it does not sell its stake in the two joint ventures to any military-owned entity. Kirin should also explore other options to responsibly disengage with the Myanmar military to prevent MEHL from benefitting financially.
Other foreign companies, including Yokogawa Bridge Corp., Tokyo Tatemono, and Fujita, should follow suit in line with 2019 recommendations from the United Nations-backed Fact-Finding Mission on Myanmar to financially isolate the Myanmar military and curb its abuses.
The Japanese government should also honor the commitments laid out in its five-year National Action Plan on Business and Human Rights by ensuring Japanese businesses do not cause or contribute to human rights violations wherever they operate..."
Source/publisher:
"Human Rights Watch" (USA)
Date of entry/update:
2022-02-18
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Business and the Military, Human Rights and international relations
Language:
Local URL:
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Description:
"Key governments and businesses from the Association of Southeast Asian Nations (ASEAN) that have supplied arms, funds and investments to the Myanmar military are revealed today in a new section of Justice For Myanmar’s Cartel Finance Map.
Explore the Cartel Finance Map
Complicit governments, companies and individuals
Following its attempted coup, the Myanmar military has murdered over 1,500 civilians and arrested more than 12,000 more.
Myanmar military continues its fierce airstrikes and conflict has intensified, killing hundreds more and displacing hundreds of thousands of civilians, creating a humanitarian catastrophe.
Governments, companies and individuals of ASEAN nations are directly implicated in the Myanmar military's grave human rights violations and atrocity crimes.
For example, an Indonesian state-owned enterprise, PT. Pindad, exported bullets to Myanmar in 2020. Pindad has a cooperation agreement an arms brokerage company owned by Htoo Htoo Shein Oo, the son Win Shein, of the Myanmar military junta’s planning and finance minister.
A subsidiary of Thai company, PTT Public Co. Ltd, whose majority shareholder is the Government of Thailand, is an operator and investor in multiple gas exploration projects in Myanmar.
In 2017-18, the Myanmar government received over USD$40 million for one of these gas projects alone and these funds now flow to the illegal junta.
Viettel Global, a telecommunications company owned by the Vietnamese Ministry of National Defence, is a joint investor in mobile telephone company Mytel, alongside a Myanmar military conglomerate.
Mytel provides a major source of revenue for the Myanmar military and – and is a major source of revenue and technology for – the military.
Philippine arms manufacturing company, United Defense Manufacturing Corporation (UDMC), shipped 450 kilos of guns to Myanmar as the military launched its campaign of genocide against the Rohingya in August 2017.
A fugitive from China who hold Cambodian citizenship, She Zhi Jiang, is the main investor who controls the Yatai City project in Shwe Koko, a huge real estate, casino and entertainment development in Myanmar with its own cryptocurrency.
Yatai City is being developed as a joint venture with the Karen State Border Guard Force, a militia group under command of the Myanmar military.
The project is linked to organised crime and land confiscation, and a lucrative source of revenue for the Myanmar military and their associates.
The financial industry of Singapore is a key source of financial support. It is a financial hub for the business activities of the Myanmar military and its partners.
For example, Singapore’s stock exchange has been used by Emerging Towns & Cities Ltd (ETC) to raise funds for a property development that pays USD millions in rent to the quartermaster general’s office of Myanmar army, office tasked with the procurement of weapons.
ETC has suspended trading due to regulatory actions over payments to the quartermaster general’s office, pending independent review.
Singapore Exchange and the Monetary Authority of Singapore may be internationally liable and obliged to pay reparations for harm caused by ETC and other listed companies that are financing the Myanmar military.
Urgent Action needed from ASEAN leaders
Since the illegal coup attempt, no ASEAN country has placed sanctions on the Myanmar military junta and its businesses.
In April 2020, ASEAN leaders, with the presence of Min Aung Hlaing, reached a five-point consensus on the situation in Myanmar.
While no progress has been made towards the agreed goals, ASEAN has allowed the illegitimate Myanmar military junta to continue participate in many of its meetings and hold the rotating chairpersonship of ASEAN Supreme Audit Institutions.
Justice For Myanmar spokesperson Yadanar Maung says: “ASEAN and its member states are implicated in lining the pockets of the terrorist junta and supporting its grave crimes.
“They are not only financing the military’s crimes, but also reputation laundering for a military that kills children, rapes women and attacks displaced people with indiscriminate air strikes.
“ASEAN governments and companies must immediately end business with the military junta and its partners, and stop supplying arms and equipment to the terrorist military..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-02-17
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, 2021 Burma/Myanmar coup d'état, ASEAN-Burma relations
Language:
Format :
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Size:
141.65 KB
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Description:
"Justice For Myanmar welcomes Kirin Holdings’ announcement to withdraw from their business with the Myanmar military conglomerate, Myanma Economic Holdings Limited (MEHL).
Kirin Holdings has two joint ventures with MEHL: Myanmar Brewery Limited and Mandalay Brewery Limited.
MEHL directly finances the Myanmar military and top generals, including Senior General Min Aung Hlaing.
MEHL shareholders consist of military units that are directly responsible for genocide, war crimes and crimes against humanity.
After a mass boycott of Myanmar Beer, Kirin announced a 46% decline in 1Q 2021 year on year sales revenue.
Justice For Myanmar spokesperson Yadanar Maung says: “We welcome Kirin’s decision to finally move to end their business with MEHL, listening to the voice of Myanmar people, and the demands of Myanmar, Japanese and global civil society.
“Millions have joined the boycott of Myanmar Beer, and this shows that collective action can disrupt the military cartel.
“Kirin should never have entered into business with Myanmar’s brutal and corrupt military.
“Kirin’s lucrative brewery has financed atrocity crimes and enriched top generals.
“We call on Kirin Holding to divest responsibly, mitigating and remediating negative human rights impacts.
“Kirin must prevent payments to the terrorist junta and MEHL in the course of divestment.
“Kirin’s withdrawal must be done in consultation with the National Unity Government.
“Kirin’s withdrawal should serve as a warning to all other businesses that continue to maintain ties with the terrorist military junta and its conglomerates. Business with terrorists does not pay.
“Other Japanese companies that continue to do business with the junta and its conglomerates, including Daiwa House, Eneos Holdings and Yokogawa Bridge Corp, must follow Kirin Holdings, cut ties with the Myanmar military and stop financing terror.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-02-14
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, The Burmese military's role in the economy, Human Rights and international relations
Language:
Format :
pdf pdf
Size:
129.87 KB 121.41 KB
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Description:
"Myanmar crony conglomerate, Shwe Byain Phyu group has multiple business links with the Myanmar military junta and its conglomerates.
These include business ties with sanctioned entities and individuals.
Shwe Byain Phyu is in the process of acquiring 80% of Telenor Myanmar through a secretive deal involving the Norwegian state-controlled Telenor Group, M1 Group and the Myanmar military junta.
Shwe Byain Phyu is a founding member of the Myanmar Petroleum Trade Association (MPTA) and the group’s chairperson, Thein Win Zaw, is an MPTA central executive committee member.
MPTA oversees the petroleum distribution market in Myanmar and its members include military conglomerate, Myanma Economic Holdings Limited (MEHL), which is sanctioned in the EU, UK and USA.
Since the illegal coup attempt, MPTA has organised donations of petrol for the Myanmar army, to support the military’s campaign of terror.
MPTA chairperson, Tay Za, is sanctioned in the UK and US.
Shwe Byain Phyu’s own petroleum import, distribution and retail business has operated in partnership with MEHL.
Thein Win Zaw is currently on the board of Myanma Energy Sector Development with Tay Za’s son, Pyae Phyo Tay Za, who is sanctioned in the US.
Through Mahar Yoma Public Company, Shwe Byain Phyu invests in Mytel, a lucrative mobile operator partly owned by the military conglomerate Myanmar Economic Corporation (MEC). MEC is sanctioned in the EU, UK and US.
In 2017-18, the most recent data available, Shwe Byain Phyu group held jade mining licences under joint ventures with Myanma Gems Enterprise (MGE), a state-owned enterprise now under junta control.
Shwe Byain Phyu group director Tin Latt Min, wife of Thein Win Zaw, is a director of Mineral Development Bank, which provides loans for jade and gems businesses. The bank is continuing to provide international banking services for a sector controlled by MGE, and there is a high risk the bank could violate sanctions. MGE is sanctioned in the EU, UK and US.
Htoo Jewellery Company Limited, a subsidiary of Htoo Group, is a shareholder of Mineral Development Bank. Htoo Group is sanctioned in the UK.
Tin Latt Min is a shareholder in Forest Products Joint Venture Corporation (FPJVC), a timber company controlled by the military junta. FPJVC is sanctioned in the EU.
Justice For Myanmar spokesperson Yadanar Maung says: “Shwe Byain Phyu is a conglomerate with deep and longstanding ties to the Myanmar military, including with the previous military junta, military conglomerates and sanctioned entities and individuals.
“The Norwegian government has been turning a blind eye as Telenor Group, a company they control, proceeds to transfer Telenor Myanmar to Shwe Byain Phyu, together with the historical metadata of more than 18 million people.
“This could amount to complicity in crimes against humanity, by handing the military a potent weapon they can use to track down, arrest, torture and murder civil society activists and journalists.
“The grave risks that the sale of Telenor Myanmar poses to the lives of Myanmar people are glaringly clear.
“Telenor must stop fabricating a narrative about how their current course of action is based on human rights considerations and immediately suspend the sale”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-02-13
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, Sanctions - general
Language:
Format :
pdf pdf
Size:
132.74 KB 119.14 KB
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Description:
"Burma Campaign UK today launches a new campaign to persuade the UK and other countries to impose sanctions to try to stop aviation fuel reaching the Burmese military.
This past weekend, airstrikes in Karen and Kachin State killed three people and injured several more.
The huge increase in the use of air power by the Burmese military since March 2021 has created a human rights and humanitarian catastrophe. The majority of the more than 400,000 people internally displaced in the past year have been forced to flee their homes because of airstrikes or the threat of airstrikes. Airstrikes have mainly taken place in ethnic states and Sagaing Region.
Civil society organisations in and from Burma have been calling for aviation fuel sanctions in response to airstrikes by the Burmese military.
The indiscriminate bombings of civilian targets are violations of international law, constituting war crimes and crimes against humanity.
Burma Campaign UK is calling for sanctions in two areas. First are sanctions on Burmese companies involved in the supply of aviation fuel to the military. Second are sanctions to stop British companies (or USA, EU companies etc) being involved in any aspect of the supply of aviation fuel to Burma, including insurance and accreditation and certification services.
Burma does not have refining capacity to manufacture its own aviation fuel. It is dependent on imports.
The Burmese military operate jets, aircraft and helicopters from Russia, China, Serbia, and Pakistan which can operate on normal commercial Jet-A1 fuel, rather than needing military grade jet fuel. Therefore, to cut off the supply of aviation fuel to the military it will be necessary to cut off the supply of aviation fuel to Burma. Similar sanctions have been imposed on Syria because of the Syrian regime’s deliberate targeting of civilians using airstrikes.
Aviation fuel sanctions could ground domestic flights. This would impact comparatively few people and would be a small inconvenience compared to the devastating impact of airstrikes. The United Nations does not use domestic airlines to deliver aid.
Regarding international flights, most airlines already avoid refuelling in Burma because of the high costs of imported aviation fuel. Some long-haul flights may be impacted and might need to refuel in neighbouring countries. Again, this is a small inconvenience compared to the humanitarian crisis being caused by airstrikes by the Burmese military.
Burma Campaign UK is still in the process of researching international companies involved in the supply of aviation fuel and will be publishing briefing papers with more information soon.
“If Burmese military aircraft can’t fly, they can’t bomb,” said Mark Farmaner, Director of Burma Campaign UK. “Airstrikes by the Burmese military have created a humanitarian crisis. Hundreds of thousands of people are displaced and in desperate need of aid. Anything that can be done to reduce to supply of aviation fuel to the military could save lives. Liz Truss must prioritise sanctioning the supply of aviation fuel to the military. Companies involved in the supply of aviation fuel to the military are complicit in the bombing of civilians and violations of international law.”
Burma Campaign UK is asking supporters to write to British Foreign Secretary Liz Truss, calling on her to impose sanctions on aviation fuel..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-02-08
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, Sanctions - general
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Title: Leaked documents reveal military-linked companies procured USD millions in arms and equipment
Description:
"Leaked documents and shipping records provide evidence of the involvement of the International Gateways Group of Companies Limited (IGG), Myanmar Consultancy Company Limited and Myanmar New Era Trading Company in procuring arms and equipment for the Myanmar military worth millions in US dollars.
The leaked documents, some of which have been published on the Justice For Myanmar website, reveal a long history of these companies’ procurement activities on behalf of the Myanmar military.
One leaked document shows that a subsidiary of IGG – Gateways Hongkong Company Limited – was awarded at least 12 contracts worth over USD$8 million to supply aircraft parts to the Myanmar air force in the 2015-2016 fiscal year.
Another leaked document from the Ministry of Defence details five purchases by the same company of components for aircraft and weapons for warships between 2016 and 2017, totalling over USD$3.7 million.
Eighteen people – four of whom are family members – have filled the roles of directors and shareholders of these key military-linked companies.
These individuals also operate branches in Singapore. Myanmar arms brokers typically use Singapore to facilitate payments between the Myanmar military and international arms suppliers.
Among them, Dr Naing Htut Aung is a central figure in Myanmar’s arms trade who facilitates air force and navy contracts with suppliers, notably in China.
He is linked to top-level military leaders, including current Commander-in-Chief and war criminal, Senior General Min Aung Hlaing.
The Ministry of Commerce of Myanmar’s National Unity Government listed Dr Naing Htut Aung and IGG in a statement on January 25 for brokering weapons for the terrorist junta.
Another significant company, Myanmar Consultancy Company Limited, has supplied parts to the Myanmar military after the attempted coup, according to records from the shipping database, ImportGenius.
Further sanctions needed
Justice For Myanmar spokesperson Yadanar Maung comments: “February 1 marked one year since the Myanmar military launched its bloody coup attempt. Over the past year, Myanmar’s military has killed over 1,500 unarmed civilians and arrested over 11,000 more.”
“The junta is continuing its terror campaign with indiscriminate airstrikes, shelling, forced displacement and rape.
“More than 400,000 civilians have forcibly displaced since the military’s coup attempt, according to UNHCR.
“The junta has been destroying and blocking humanitarian emergency aid to vulnerable populations and attacking medical and aid workers.
“These crimes are enabled by the continued supply of arms from companies like International Gateways Group and Myanmar Consultancy Company.
“Justice For Myanmar calls on governments around the world to urgently place targeted sanctions on the companies and individuals who are providing arms to the military, and are thereby complicit in the continued attacks on the people of Myanmar.
“There must be an immediate global arms embargo to stop the flow of arms to the terrorist junta.
“Singapore continues to allow known arms traders to use its territory to aid and abet the Myanmar military’s atrocities. Singapore must ends its role as a hub for Myanmar military procurement.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-02-07
[field_licence]
Type:
Individual Documents
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128.55 KB 151.68 KB
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Description:
"On February 10, 2021, by Executive Order 14014, I declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the situation in and in relation to Burma.
The situation in and in relation to Burma, and in particular the February 1, 2021 coup, in which the military overthrew the democratically elected civilian government of Burma and unjustly arrested and detained government leaders, politicians, human rights defenders, journalists, and religious leaders, thereby rejecting the will of the people of Burma as expressed in elections held in November 2020 and undermining the country’s democratic transition and rule of law, continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. For this reason, the national emergency declared on February 10, 2021, must continue in effect beyond February 10, 2022. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) I am continuing for 1 year the national emergency declared in Executive Order 14014 with respect to the situation in and in relation to Burma..."
Source/publisher:
The White House (Washington, D.C.)
Date of entry/update:
2022-02-07
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Human Rights and international relations, Business and the Military
Language:
Local URL:
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Description:
"Telenor Group is about to sell its Myanmar telecom business to a company half-owned by a Myanmar military-linked conglomerate.
In so doing, Telenor, a Norwegian telecom giant 53.97% owned by the Norwegian government, is set to enrich the murderous, illegitimate junta and risk personal details of 18 million Myanmar subscribers falling into the hands of war criminals.
Documents seen by independent media outlet, Myanmar Now, indicate that the crony conglomerate Shwe Byain Phyu will be the majority owner of the mobile operator after junta intervention in the sale. Two members of the junta’s State Administrative Council are involved in the purchase.
The sale will reportedly be completed by February 15.
New ownership structure
The junta “privately” approved the protracted sale of Telenor's operation in Myanmar to M1 Group, a controversial investment company co-owned by the current prime minister of Lebanon, and Shwe Byain Phyu last month, Reuters reported on January 21.
The company acquiring Telenor’s Myanmar subsidiary is called Investcom Myanmar.
It appears this ownership is in part routed through Singapore.
Shwe Byain Phyu currently owns 49% of Investcom Pte. Ltd., a Singapore holding company set up by M1 Group. M1’s shares are held by a shell company in the Cayman Islands, the notorious secrecy jurisdiction.
Telenor has refused to confirm the involvement of Shwe Byain Phyu in the deal, or which legal entity they are selling to, in an alarming lack of transparency.
According to new evidence seen by Justice For Myanmar, Telenor stated to the junta's telecommunications regulator in October that their deal with M1 allows it to transfer ownership to a local company.
This suggests Telenor is involved in a cover-up with the military junta, knowingly selling to a military-linked company, while misleadingly stating to the public that the sale is to M1 Group.
This may be a legal attempt to create plausible deniability.
Involvement of military generals in the deal could potentially violate the European Union’s restrictive measures on Myanmar if they are found to control Shwe Byain Phyu.
The junta’s intervention in the sale, the involvement of top generals and the fact that Shwe Byain Phyu seemingly has no experience in telecommunications suggests it could be indirectly under military control.
EU sanctions prohibit the making of economic resources available to sanctioned persons and apply when a listed person controls an entity.
Control is defined as “the right to exercise a dominant influence over Entity X, pursuant to an agreement entered into with Entity X” or “the power to exercise a dominant influence… without being the holder of that right”, according to EU guidance on Myanmar sanctions. This applies to front companies.
Norway is a member of the European Economic Area and generally abides by EU sanctions. Telenor has stated that it is subject to EU and Norwegian sanctions.
There is now a very real likelihood that if the sale is completed, Telenor Myanmar revenue will flow to the junta and finance its atrocity crimes.
Justice For Myanmar calls on Norwegian authorities to immediately intervene to terminate the sale.
Justice For Myanmar spokesperson Yadanar Maung says: “It is appalling that Telenor is acting in complicity with the illegal military junta to sell their business, and cover-up who the buyers are.
“Telenor’s irresponsible sale is likely to help finance the bullets, bombs and jet fuel that enable the military junta’s war crimes and crimes against humanity.
“The Norwegian government, which is the majority owner of Telenor Group, will be responsible for the immense harm to the people that will be caused by this sale.
“The Norwegian government must immediately stop the sale and investigate Telenor’s deal with the military junta.”
Shwe Byain Phyu’s telecommunications businesses
As reported by Myanmar Now, Shwe Byain Phyu changed the name of its manufacturing business to “Shwe Byain Phyu Telecom Company” on November 3, 2021.
Justice For Myanmar has found that on the same day, Shwe Byain Phyu also created a new telecommunications business, named One Telecom Co. Ltd.
One Telecom’s registered address is the Naypyidaw gems and jewellery market, which is the principal place of business of Shwe Byain Phyu Co. Ltd.
Shareholders of One Telecom include Shwe Byain Phyu founder Thein Win Zaw and his family members.
After multiple board appointments and resignations within the first month, Shwe Byain Phyu executive director Soe Thiha is the sole remaining board member.
Also in November, Reuters reported that Shwe Byain Phyu was in talks with M1 Group under pressure from the military junta..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-02-05
[field_licence]
Type:
Individual Documents
Language:
Format :
pdf
Size:
170.95 KB
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Sub-title:
UK joins US and Canada in coordinated action against Myanmar military regime, targeting individuals responsible for undermining democracy and rule of law.
Description:
"new UK sanctions against military regime enforced in joint action with allies
three individuals targeted for their involvement in undermining democracy and the rule of law
Foreign Secretary condemns the military coup and calls for return to democracy
Announced on the eve of the 1-year anniversary of the military coup in Myanmar, the UK has designated new sanctions against 3 key members of the regime who have been instrumental in suppressing democracy and stifling opposition voices.
In coordination with the United States and Canada, new sanctions will be brought against:
Dr Thida Oo, Myanmar Attorney General
U Thein Soe, Chair of the Union Election Commission
U Tin Oo, the Chair of the Anti-Corruption Commission
All 3 individuals are responsible for disregarding the Myanmar election results in November 2020 and supporting unsubstantiated claims of electoral fraud in an attempt to legitimise the coup.
The Attorney General and Anti-Corruption Commission Chair are also responsible for stifling pro-democracy groups across the country and overseeing the sentencing of democratically elected leaders, including Aung San Suu Kyi and President Win Myint, on trumped-up charges.
Foreign Secretary Liz Truss said:
Over the last year, the military regime has attempted to terrorise the people of Myanmar into submission. Through fear and violence, they have created division and conflict.
The UK will always defend the right to freedom, democracy and the rule of law. With like-minded nations, we will hold to account this suppressive, brutal regime.
This latest round of sanctions will freeze the assets of these individuals and enforce a travel ban preventing them coming to the UK. They come on top of previous designations on dozens of individuals as well as businesses and business networks to limit the junta’s access to finance.
The designations demonstrate the UK’s commitment to target the junta’s personal, political and financial interests as they continue to perpetrate violence and refuse to engage with the democratic wishes of the people of Myanmar.
The UK is working with international partners to speak out for the Myanmar people, push for the full implementation of the ASEAN Five Point Consensus, stem the flow of arms to the regime and ensure the perpetrators of human rights violations are held accountable.
Since the coup, the UK has also provided £49.4 million to support those in need of humanitarian assistance in Myanmar, deliver health and education for the most vulnerable, and promote rights and freedoms. This funding is delivered through trusted aid agencies and partners, rather than through the junta.
Our humanitarian programmes have reached over 600,000 people, providing lifesaving water, sanitation and food..."
Source/publisher:
Govt. UK (London)
Date of entry/update:
2022-01-31
[field_licence]
Type:
Individual Documents
Language:
Local URL:
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Description:
"Justice For Myanmar has published comparative data on targeted sanctions imposed on the Myanmar military junta, their businesses and associates since the illegal attempted coup on February 1, 2021.
The data shows an inconsistent approach among key international governments and that far more needs to be done urgently.
Some sanctions have been imposed by the US, UK, Canada and EU on senior junta individuals and some of the junta’s business interests.
Yet, less has been done to designate individuals in senior roles within the Myanmar military and junta-controlled ministries and businesses who are directly complicit in the junta’s serious human rights violations and corruption.
One year after the attempted coup, key junta businesses including Myanma Oil and Gas Enterprise (MOGE) and Telecom International Myanmar (the company that owns Mytel) still have yet to be sanctioned.
MOGE is a state-owned enterprise under Myanmar military control that generates the most significant amount of revenue for the terrorist junta.
Far too little has been done to designate individuals and entities involved in the supply of arms and dual-use goods.
Meanwhile, regional democracies Australia, India, Japan and South Korea have failed to impose any targeted sanctions since the attempted coup.
Australia passed a Magnitsky-style sanctions bill on December 2, 2021, but no sanctions have yet been imposed under the act.
Companies domiciled in these countries continue to pursue business with the Myanmar military junta and its conglomerates.
Justice For Myanmar spokesperson Yadanar Maung says: “It has been one year since the military’s brutal and illegal attempted coup and four years since the military’s campaign of genocide against the Rohingya.
“The junta’s terror campaign has only intensified, as it continues to commit war crimes and crimes against humanity with total impunity.
“While we welcome the targeted sanctions that have been imposed by the US, UK, Canada and EU, far more needs to be done.
“It is unacceptable that major military-controlled businesses and known arms suppliers continue to escape sanctions and are able to pursue business as usual, financing the junta’s international crimes.
“Also currently unsanctioned are far too many junta members, including military personnel who are responsible for war crimes and crimes against humanity.
“It is time for the international community to get serious and use sanctions to cut off the flow of revenue and arms to the junta.
“Shamefully, Australia, India, Japan and South Korea have not imposed any targeted sanctions in response to the Myanmar military's illegal coup attempt.
“They need to step up and immediately take action by imposing targeted sanctions on the Myanmar military junta and its conglomerates.
“Their allies in the US, UK, Canada and EU, who have already imposed some sanctions, also have a role to play pushing these laggards to act.
“New Zealand was quick to formally suspend high-level contact with the Myanmar military junta. However, it has failed to follow this up with targeted sanctions beyond a travel ban imposed on five senior junta officials. This is not good enough.
“Faced with horrific atrocities, the people of Myanmar continue to sacrifice their lives for federal democracy and peace. The international community must listen to their voices and act in solidarity.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-01-28
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Individual Documents
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Sub-title:
Groups Urge Canberra to Act Ahead of Military Takeover Anniversary
Description:
"The Australian government, one year after Myanmar’s February 1, 2021 military coup, should impose targeted sanctions on Myanmar’s abusive military leaders and their business interests, six nongovernmental organizations said in a letter to Foreign Minister Marise Payne released today.
In December the Australian government passed amendments to enable targeted sanctions against serious human rights abusers, but the sanctions have not been used. In the past year governments such as the United States, the United Kingdom, Canada, and the European Union have imposed various targeted sanctions against Myanmar individuals and entities.
The letter was signed by the Australian Centre for International Justice, Australian Council for International Development, Australian Council of Trade Unions (ACTU), Human Rights Watch, Publish What You Pay, and the Refugee Council of Australia.
Since the Myanmar military overthrew the elected civilian government last year, the Australian government has not imposed any additional sanctions on military leaders or their business interests. Since then, the military junta has carried out a nationwide crackdown on anti-junta protesters and the political opposition that amounts to crimes against humanity.
State security forces have killed more than 1,500 people, most recently the horrific summary execution of at least 39 people, including 4 children and 2 humanitarian workers, in Karenni State, yet no one has been held accountable for these crimes. Australia should demonstrate its strong public opposition to these atrocities by announcing targeted sanctions on February 1, 2022, the organizations said.
On January 27, the Australian company Woodside, a natural gas producer, announced it was exiting from Myanmar, underscoring the need for coordinated and targeted sanctions from Australia, the US, EU, and other concerned governments on Myanmar’s natural gas revenues.
The letter to Australia’s foreign minister lists the individuals and entities who should face sanctions. Acting on that list should serve as a starting point for the Australian government to harmonize its position on Myanmar with like-minded governments.
Quotes from signatories to the letter:
“Australia should mark the one-year anniversary of Myanmar’s coup by joining join its allies in imposing targeted sanctions against Myanmar’s abusive generals and military-owned businesses. The Australian government should heed the calls of people in both Australia and Myanmar to help deprive the military of its revenue sources and to maximize pressure on the junta to end its campaign of terror.”
Elaine Pearson, Australia director at Human Rights Watch
“The Australian government needs to act by introducing targeted sanctions, and not just wring its hands. The Myanmar generals stand accused of committing genocide and crimes against humanity against the Rohingya people and snuffing out democratic government, and attacking their own people for voicing democratic aspirations. When will the Australian government stand up for freedom and democracy?”
Marc Purcell, chief executive officer of the Australian Council for International Development
“A year on from the military coup in Myanmar, the Morrison government has failed to introduce further sanctions against Myanmar’s military leaders and business interests – putting Australia behind likeminded countries like the US, UK and EU. Workers in Myanmar are risking their lives to protest the military takeover while the Morrison government sits idly by, when they should be taking action to support democracy.”
Michele O’Neil, president of the Australian Council of Trade Unions (ACTU)
“The mining, oil and gas sectors are like an ATM for Myanmar’s murderous military. The Australian government should introduce sanctions that will outlaw Australian mining, oil and gas companies lining the pockets of the generals with tax and royalty payments.”
Clancy Moore, Australian director of Publish What You Pay..."
Source/publisher:
"Human Rights Watch" (USA)
Date of entry/update:
2022-01-28
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Business and the Military, Sanctions, Anti-coup protesters, Human Rights and international relations
Language:
Format :
pdf
Size:
966.22 KB
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Description:
"Justice For Myanmar reviews international sacntions since the attempted coup
One year after the Myanmar military's illegal coup attempt, Justice For Myanmar has compared targeted sanctions imposed by some democracies. Targeted sanctions are a crucial mechanism to stop the flow of funds to the terrorist junta and to take action against those responsible for human rights violations and corruption.
We looked at the sanctions track record of Australia, Canada, the European Union, India, Japan, New Zealand, South Korea, the UK and the USA since February 1, 2021.
Comparison of sanctions designations by country: Download Excel File (16 kb)
English Press Release: Download PDF (150 kb)
Appallingly, since the Myanmar military's attempted coup, Australia, India, Japan and South Korea have not imposed any targeted sanctions.
Companies from those countries, and in some cases, governments, are implicated in ongoing business with the military junta.
For instance, the Japanese state-backed Y Complex project involves payments to the Myanmar Army's Office of the Quartermaster General, although payments have been suspended since February 1, 2021.
The Shwe Gas project, which involves a collaboration between South Korea's state-owned company, KOGAS, POSCO International and the junta-controlled Myanma Oil and Gas Enterprise, continues to bankroll the junta.
The majority state-owned Bharat Electronics Limited has transferred technology to the Myanmar military since its attempted coup.
Business with the junta and its conglomerates enables its widening campaign of terror.
Through their inaction – at best – and complicity, at worst, Australia, India, Japan and South Korea are failing to uphold their human rights responsibilities and failing the people of Myanmar. We call on them to change direction and support democracy and human rights in Myanmar.
Australia passed a Magnitsky-style sanctions bill on December 2, 2021, but no sanctions have yet been imposed under the act.
While New Zealand acted swiftly to formally suspend high-level contact with the Myanmar military junta, it too has failed to follow this up with targeted sanctions, with the exception of a travel ban imposed on five senior junta officials. This is insufficient. New Zealand does not have a Magnitsky law.
Some sanctions have been imposed by the US, UK, Canada and the EU on senior junta individuals and some of the junta’s business interests. Yet, not enough has been done to designate individuals and entities linked to the Myanmar military junta's serious human rights violations and corruption.
For instance, despite evidence that oil and gas bankrolls the military junta, enabling its continued atrocity crimes, sanctions have not yet been imposed on Myanma Oil and Gas Enterprise (MOGE). MOGE is a state-owned enterprise under Myanmar military control that generates the most significant amount of revenue for the terrorist junta.
Key military-controlled businesses, their directors and associates have also yet to be sanctioned, despite their well-documented links to the Myanmar military's international crimes.
A notable example is Telecom International Myanmar, the company that owns Mytel. Mytel provides a lucrative source of revenue for the terrorist junta and supports the military's communications capabilities.
Apart from the UK's sanctions designation against Htoo Group, and the US Commerce Department's designaton of King Royal Technologies, no sanctions have been imposed on individuals and businesses that supply arms and dual-use goods to the Myanmar military, despite growing evidence of the military's network of private arms brokers.
Targeted sanctions are an important tactic for the international community to deploy in support of the Myanmar people's overwhelming rejection of the attempted coup and the struggle to build a federal democracy. Justice For Myanmar continues to call for wide-ranging international action, including targeted sanctions and a global arms embargo..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-01-28
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Sanctions, Business and the Military, Human Rights and international relations
Language:
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Description:
"Woodside has decided to withdraw from its interests in Myanmar.
Woodside has operated in Myanmar since 2013. conducting multiple exploration and dr i lling campaigns. It
holds a 40% participating interest in the A -6 Joint Venture as joint operator and participating interests in
exploration permits AD-1 and A D-8.
Woodside had previously announced that it was placing all Myanmar business decisions under review
following the State of Emergency ded ared in February 2021 and the deteriorating human rights situation in
the country.
In 2021 Woodside completed the relinquishment o f exploration permits covering offshore Blocks AD-2. AD-5
and A -4 and is in the process o f withdrawing from Blocks AD-8 . AD-7 and A-7.
Woodside w ill now commence arrangements to formally e xit B locks AD- 1 and AD-8 , the A -6 Joint Venture
and the A -6 production sharing contract (PSC) held w ith the Myanma Oil and Gas Enterprise (MOGE).
The non-cash expense associated with the decision to w ithdraw from Blocks A -6 and AD-1 is expected to
impact 2021 net profit a fter tax (NPAT) by approximately US$138 million. This is in addition to the
US$71 million exploration and evaluation expense for B lock AD-7 disclosed in Woodside's Fourth Quarter
Report on 20 January 2022. These costs w ill be excluded from underlying NPAT fo r the purposes of
calculating the dividend.
Woodside CEO Meg O'Neill said while W oodside had hoped to develop the A -6 gas resources w ith its joint
venture participants and deliver much-needed energy to the Myanmar people, there was no longer a viable
option fo r Woodside to continue its activities.
"Woodside has been a responsible foreign investor in Myanmar since 2013 w ith our conduct guided by the
UN Guiding Principles on Business and Human Rights and other relevant international standards.
"Given the ongoing situation in Myanmar we can no longer contemplate Woodside’s participation in the
development o f the A-6 gas resources, nor other future activities in-country." she said..."
Source/publisher:
Woodside Petroleum
Date of entry/update:
2022-01-27
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, The Burmese military's role in the economy, Economic History - general
Language:
Format :
pdf pdf
Size:
147.17 KB 32.56 KB
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Sub-title:
Energy Companies’ Withdrawal Underscores Need for New Sanctions
Description:
" Myanmar’s military will continue to collect massive revenues from natural gas and other extractive sectors unless new targeted sanctions block foreign currency payments supporting the junta’s abusive rule, Human Rights Watch said today. On January 21, 2022, TotalEnergies and Chevron announced plans to leave Myanmar, but natural gas revenue to the junta will continue because other companies will take over their operations.
The United States, European Union, United Kingdom, Japan, and other concerned governments should now adopt a common position to impose sanctions on all natural gas revenues. Thailand’s state-owned PTT and South Korea’s POSCO, the two main energy companies remaining in Myanmar, should signal their support for such measures.
“After nearly a year in power, Myanmar’s junta is continuing to commit horrific abuses without facing significant costs from the international community,” said John Sifton, Asia advocacy director at Human Rights Watch. “Junta leaders are not going to turn away from their brutality and oppression unless governments impose more significant financial pressure on them.”
Natural gas projects in Myanmar generate over US$1 billion in foreign revenue for the junta annually, its single largest source of foreign currency revenue. The money is transmitted in US dollars to the Myanmar Oil and Gas Enterprise (MOGE) and other military-controlled bank accounts in foreign countries in the form of fees, taxes, royalties, and revenues from the export of natural gas, most of which travels by pipeline to Thailand or China.
In its announcement on January 21, TotalEnergies said that the company was withdrawing from Myanmar due to the deteriorating human rights situation, which “no longer allows TotalEnergies to make a sufficiently positive contribution in the country.” TotalEnergies, in partnership with Chevron and PTT, has since the 1990s operated the Yadana gas project, one of the country’s largest fields. Chevron sent a brief statement to journalists the same day, stating that it was making “a planned and orderly transition that will lead to an exit from the country.”
TotalEnergies’ announcement reiterated points made by its CEO, Patrick Pouyanné, in a January 18 letter to Human Rights Watch, stating that the company had informed French and US authorities that it “supports the implementation of such targeted sanctions” to stop financial flows to MOGE.
Since staging a coup on February 1, 2021, Myanmar’s military has carried out a nationwide crackdown on anti-junta protesters, activists, and the political opposition, featuring widespread killings, torture, and other abuses, amounting to crimes against humanity. It has renewed military operations in ethnic minority areas that have resulted in numerous violations of the laws of war, including war crimes. TotalEnergies has faced growing pressure over the past year from across Myanmar civil society as well as from international rights groups and institutional investors to suspend payments to the junta or support sanctions that would block such payments.
Following the coup, the US, Canada, UK, and EU member states imposed targeted economic sanctions on junta leaders and companies controlled by the Myanmar military, but not on MOGE or payments it receives. The French and the US governments, as well as the EU, have not supported such measures.
The US and EU in particular are in key positions to impose sanctions since payments in the gas sector – even those handled by non-US and non-EU companies – are typically made in US dollars and involve correspondent US and EU banks. Sanctions by the US and EU can stop payments made in US dollars or Euros even by banks in Thailand, Singapore, South Korea, and other locations, since those banks always ultimately need correspondent US and EU banks – which are subject to US and EU law – to finalize, or “settle,” large dollar or Euro transactions.
When TotalEnergies and Chevron depart Myanmar, the flow of funds to the junta will not be disrupted. TotalEnergies reported that it will continue operating the Yadana field and pipeline for six months according to existing agreements, which also stipulate that “in the event of withdrawal, TotalEnergies’ interests will be shared between the current partners, unless they object to such allocation, and that the role of operator will be taken over by one of the partners.”
PTT, the remaining foreign project partner in Yadana, which currently holds 25.5 percent of the project, announced it was “considering potential directions of the Yadana project.”
The largest gas revenues that are paid to junta-controlled accounts are made via PTT, which purchases approximately 80 percent of Myanmar’s exported natural gas from Yadana as well as the Zawtika gas field, which it operates itself. In addition, PTT owns stakes in joint ventures with POSCO, which transports and sells gas to China. Human Rights Watch has previously written to all of these companies and their shareholders, urging them to support sanctions on gas revenues.
“Energy company departures from Myanmar will be only gestures so long as the junta keeps making money,” Sifton said. “The US and EU urgently need to impose measures that will have real economic impact on the junta, if there is to be any progress on human rights.”..."
Source/publisher:
"Human Rights Watch" (USA)
Date of entry/update:
2022-01-26
[field_licence]
Type:
Individual Documents
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Description:
"အမျိုးသားညီညွတ်ရေးအစိုးရ
စီးပွားရေးနှင့်ကူးသန်းရောင်း၀ယ်ရေး၀န်ကြီးဌာန
အကြမ်းဖက်စစ်အုပ်စုအား စစ်လက်နက်များ ၀ယ်ယူရရှိနိုင်စေရန် ပံ့ပိုးနေသော လုပ်ငန်းများဆိုင်ရာ ထုတ်ပြန်ကြေညာချက် (၁/၂၀၂၂)..."
Source/publisher:
Ministry of Commerce, National Unity Government of Myanmar
Date of entry/update:
2022-01-25
[field_licence]
Type:
Individual Documents
Category:
National Unity Government (NUG), 2021 Burma/Myanmar coup d'état, Business and the Military
Language:
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pdf
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Description:
"The Ministry of Planning, Finance, and Investment welcomes the recent
announcements made by TotalEnergies and Chevron Corp, amongst the world’s
largest oil and gas producers, that each would be severing financial ties with the
military junta and withdrawing from Myanmar.
In taking this step, both firms have responded to the voices of Myanmar’s
people and indeed, the wishes of many of their own employees. The collapse of the
rule of law under the military regime has clearly made it impossible to sustain their
significant business operations in partnership with military-controlled institutions
while also avoiding complicity in the regime’s atrocities.
This action will likely pause a major source of foreign funding, further limiting
the military’s ability to finance its campaign of terror.
The military regime has recently admitted to a significant contraction in tax
revenues over the past year. Meanwhile, nationwide boycotts have stifled the
military’s business interests and stopped other key flows to military-controlled
institutions, such as electricity tariffs. These actions continue to make it impossible
for the military to establish control of the state and make it more difficult for them to
extend concessions to their shrinking group of facilitators. Economic pressure is
continuing to weaken the already fragile regime.
The National Unity Government recognizes that this landmark victory would not
have been possible without the relentless efforts of a global advocacy campaign. This
work has been spearheaded by our domestic and diaspora activist communities,
together with Myanmar civil society, labor organizations, and international partners.
Our victory serves as a stark example of the way in which people across the country
are overcoming old divisions in order to maximize opposition to the military and
enable the emergence of a more peaceful and prosperous Myanmar.
For months now, the National Unity Government has been clear - Total and
Chevron’s continued presence in Myanmar risks doing more harm than good and thus
is not in accordance with both our Three Pillar Framework Guiding Responsible
Investment and Continued Operations, and our Sanctions Policy.
The actions taken by these two firms have sent a clear message to the
military junta - without the ability to finance your campaign of terror, your already
tenuous grip on power will continue to slip away.
We are united in calls for comprehensive sanctions to be implemented by the
US, France, and EU that would block revenue payments from remaining oil and gas
projects - upon which the junta relies to fund their terror campaigns. No revenues
should flow to the illegitimate regime.
With these key foreign financial interests no longer advocating against
decisive action that targets the military regime, there now exists a clear pathway to
impose meaningful sanctions on the military-controlled Myanma Oil and Gas
Enterprise and the financial institutions that process revenues from natural gas sales.
The military regime is not the Government of Myanmar, and as such, it has no
right to bring in a new operator for the project. Any form of collusion or assistance that
may facilitate the entry of a new operator will simply perpetuate the illegal
exploitation of Myanmar’s natural resource wealth by a terrorist organization.
The National Unity Government further calls upon both Total and Chevron to
undertake a public commitment not to sell to another operator or facilitate a
handover to a new operator. The Ministry of Planning, Finance and Investment will
offer further detail regarding its policy on responsible divestment in the coming
weeks.
In addition, no responsible divestment can occur without consultation with
the National Unity Government. The Ministry of Planning, Finance and Investment
looks forward to ongoing consultations with Total and Chevron in this regard.
The National Unity Government also looks forward to responsible operators
returning to sustainably develop our country’s resource wealth once our revolution
has succeeded, and once proper arrangements for a federal democratic system are in
place.
There is no longer any excuse to delay in maximizing pressure on the military
regime.
The current crisis in Myanmar is complex, but the complexity of this crisis
does not provide an excuse for continued inaction. The paper-thin foundations of the
military regime are folding. The world must help the people of Myanmar in hastening
the regime’s collapse. Today we are reminded that the power of the people is
prevailing and will always prevail..."
Source/publisher:
Ministry of Planning, Finance and Investment - NUG
Date of entry/update:
2022-01-23
[field_licence]
Type:
Individual Documents
Category:
National Unity Government (NUG), 2021 Burma/Myanmar coup d'état, Business and the Military
Language:
Format :
pdf pdf
Size:
96.97 KB 437 KB
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Description:
"Six civil society organizations that have been urging Japanese companies to give appropriate consideration to the environment, society, and human rights in their overseas business operations, sent a letter on January 18, 2022 to 125 corporate investors holding shares in ENEOS Corporation, Sumitomo Corporation, Marubeni Corporation, and Mitsubishi Corporation. These Japanese companies continue to invest in four problematic projects in Myanmar, despite the unacceptable risk of the projects financing the Myanmar military, thereby supporting the military’s international crimes and grave violations of human rights, including murder, wrongful arrest and arbitrary detainment, sexual violence, forced disappearances, and torture.
Although the above four companies have expressed general concerns over violence and human rights violations perpetrated by Myanmar’s military, they have not officially declared specific plans to avoid the risk of their own business activities in Myanmar aiding and abetting grave human rights violations by the military, or announced plans to alter the course of their business activities. The four companies are involved in the following four problematic projects in Myanmar: Thilawa Special Economic Zone (SEZ) Development Project, Yetagun Gas Project, Landmark Project (Yoma Central Project); and Thilawa Area Port Terminal Operation Project.
The letter requests all holders of shares in the Japanese companies involved in the four projects to promptly engage with their investees and to urge the companies to take measures to ensure that their business activities do not benefit the Myanmar military. The letter further asks the corporate investors to consider divestment if the companies do not take sufficient measures..."
Source/publisher:
Mekong Watch, Friends of the Earth Japan, Justice For Myanmar, ayus: Network of Buddhists Volunteers on International Cooperation, Japan International Volunteer Center and Network Against Japan Arms Trade
Date of entry/update:
2022-01-21
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Human Rights and international relations, 2021 Burma/Myanmar coup d'état
Language:
Format :
pdf pdf pdf pdf
Size:
32.61 KB 75.51 KB 236.63 KB 219.84 KB
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Description:
"January 21, 2022, Myanmar: Justice For Myanmar responds to TotalEnergies decision to withdraw from Myanmar.
Justice For Myanmar spokesperson Yadanar Maung says: “We welcome TotalEnergies’ decision to withdraw from Myanmar, which is a major step in cutting off funds to the illegal military junta. TotalEnergies has finally taken heed of the calls of Myanmar people, local and international civil society to stop the flow of funds to the terrorist junta.
“It is now essential that governments move ahead with targeted sanctions on oil and gas to deny the junta funds from the remaining oil and gas projects.
“Other companies in the sector, including POSCO International, PTTEP, Petronas, ONGC, GAIL, KOGAS, ENEOS and Mitsubishi, should take immediate steps to stop all payments to the junta by whatever means possible.
“TotalEnergies must now ensure that they exit responsibly in a way that mitigates negative human rights impacts on people in Myanmar during the process of their withdrawal.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-01-21
[field_licence]
Type:
Individual Documents
Category:
Business and the Military
Language:
Format :
pdf
Size:
180.78 KB
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Description:
"Paris, January 21st, 2022 – Following the coup of 1st February 2021 in Myanmar, TotalEnergies has firmly condemned on several occasions the abuses and human rights violations taking place there. Since then, our Company's decisions have been guided by clear principles: to halt all our ongoing projects, but to continue to produce gas from the Yadana field, which is essential for supplying electricity to the local Burmese and Thai population, to protect our employees from the risk of criminal prosecution or forced labour, and, insofar as is materially and legally possible, to limit the financial flows received by the national oil company MOGE.
Despite the actions taken, TotalEnergies has not been able to meet the expectations of many stakeholders (shareholders, international and Burmese civil society organisations), who are calling to stop the revenues going to the Burmese state through the state-owned company MOGE from the Yadana field production. In fact, this is materially impossible for TotalEnergies, as most of the payments for the sale of the gas are made directly by the Thai company PTT, the buyer of the exported gas. TotalEnergies has also approached the French authorities to consider putting in place targeted sanctions that would confine all the financial flows of the various partners to escrow accounts without shutting down the gas production. TotalEnergies has not identified any means for doing so.
While our Company considers that its presence in a country allows it to promote its values, including outside its direct sphere of operations, the situation, in terms of human rights and more generally the rule of law, which have kept worsening in Myanmar since the coup of February 2021, has led us to reassess the situation and no longer allows TotalEnergies to make a sufficiently positive contribution in the country.
As a result, TotalEnergies has decided to initiate the contractual process of withdrawing from the Yadana field and from MGTC in Myanmar, both as operator and as shareholder, without any financial compensation for TotalEnergies. This withdrawal has been notified today to TotalEnergies' partners in Yadana and MGTC and will be effective at the latest at the expiry of the 6-month contractual period. The agreements also stipulate that, in the event of withdrawal, TotalEnergies' interests will be shared between the current partners, unless they object to such allocation, and that the role of operator will be taken over by one of the partners.
During this notice period, TotalEnergies will continue to act as a responsible operator in order to ensure the continuity of gas deliveries for the benefit of the population. TotalEnergies has indicated to its partners its willingness to ease the transition to the new operator and facilitate the transfer of staff who so wish.
***
About TotalEnergies in Myanmar
TotalEnergies has been a partner (31.24%) and operator of the Yadana gas field (Blocks M5 and M6) in Myanmar since 1992, alongside its partners Unocal-Chevron (28.26%), PTTEP (25.5%), a subsidiary of the Thai national energy company PTT, and the Burmese state-owned company MOGE (15%).
The Yadana field produces around 6 billion cubic meters per year of gas of which about 70% is exported to Thailand where it is sold to the national company PTT and 30% to the national company MOGE for domestic use. This gas helps to provide about half of the electricity in the Burmese capital Yangoon and supplies the western part of Thailand. Gas is exported to Thailand through a pipeline operated by MGTC that carries gas from the Yadana field to the Burmese-Thai border, over 400 kilometers. The shareholders of MGTC are the same as the partners in the Yadana field and in the same proportions.
About TotalEnergies
TotalEnergies is a global multi-energy company that produces and markets energies: oil and biofuels, natural gas and green gases, renewables and electricity. Our 105,000 employees are committed to energy that is ever more affordable, cleaner, more reliable and accessible to as many people as possible. Active in more than 130 countries, TotalEnergies puts sustainable development in all its dimensions at the heart of its projects and operations to contribute to the well-being of people.
Media Relations: +33 (0)1 47 44 46 99 l [email protected] l @TotalEnergiesPR
Investor Relations: +33 (0)1 47 44 46 46 l [email protected]
Cautionary Note
The terms “TotalEnergies”, “TotalEnergies company” or “Company” in this document are used to designate TotalEnergies SE and the consolidated entities that are directly or indirectly controlled by TotalEnergies SE. Likewise, the words “we”, “us” and “our” may also be used to refer to these entities or to their employees. The entities in which TotalEnergies SE directly or indirectly owns a shareholding are separate legal entities. TotalEnergies SE has no liability for the acts or omissions of these entities. This document may contain forward-looking information and statements that are based on a number of economic data and assumptions made in a given economic, competitive and regulatory environment. They may prove to be inaccurate in the future and are subject to a number of risk factors. Neither TotalEnergies SE nor any of its subsidiaries assumes any obligation to update publicly any forward-looking information or statement, objectives or trends contained in this document whether as a result of new information, future events or otherwise. Information concerning risk factors, that may affect TotalEnergies’ financial results or activities is provided in the most recent Registration Document, the French-language version of which is filed by TotalEnergies SE with the French securities regulator Autorité des Marchés Financiers (AMF), and in the Form 20-F filed with the United States Securities and Exchange Commission (SEC)..."
Source/publisher:
TotalEnergies
Date of entry/update:
2022-01-21
[field_licence]
Type:
Individual Documents
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"We, the undersigned Rohingya worldwide organisations, urge President Biden of the United States of America and President Macron of France to urgently introduce sanctions on gas revenue in Burma. Gas extraction projects which involve American Chevron and French Total provide hundreds of millions of dollars in revenue to the Burmese military annually. This money helps pay for the military’s crimes including killing of children and indiscriminate bombings of villages.
So far both President Biden and President Macron have blocked sanctions on the gas industry, protecting the profits of American and French companies ahead of the lives of Burmese people. This urgently needs to change.
It is almost one year since the military coup in Burma on 1 February 2021. The US, EU, UK and Canada have imposed a number of sanctions on sources of income for the Burmese military, include on timber and gems, but gas production, which is one of the military’s biggest revenue sources, has so far gone untouched.
We Rohingya had to witness the genocide of our people go largely unpunished by the international community. This lack of accountability led the Burmese military to believe they could get away with the military coup. They are now attacking people all over Burma, killing children, burning villages and torturing with impunity. 300,000 people have had to flee their homes since the coup. It all echoes what the Rohingya has had to suffer at the hands of the military, and we are standing in solidarity with our fellow brothers and sisters across Burma. They are bravely resisting the military one year on from the coup, and paying for this with their lives. The international community needs to do everything they can to support them. We cannot let the Burmese military get away with impunity anymore.
Waging war costs money, and sanctions on gas revenue would stop the military getting their hands on hundreds of millions of dollars which currently help fund their crimes against the Burmese people, which amounts to crimes against humanity.
We urge President Biden and President Macron to stand with all the people of Burma in their resistance to the military coup by introducing sanctions on gas revenue..."
Source/publisher:
Rohingya Today
Date of entry/update:
2022-01-20
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Clear Path for US, France, EU to Block Gas Revenue Payments to Junta
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"(Paris) – The French company TotalEnergies has signaled support for targeted sanctions on Myanmar’s natural gas revenues to block the country’s abusive military junta from profiting from hundreds of millions of dollars in payments, Human Rights Watch said today.
TotalEnergies acknowledged the shift in a response to a letter from Human Rights Watch urging the company to support sanctions to stop gas payments to Myanmar military-controlled entities. TotalEnergies has operated the Yadana gas project in Myanmar since the 1990s, which pays revenues to the junta-controlled Myanmar Oil and Gas Enterprise (MOGE).
“The fact that both TotalEnergies and human rights groups now support sanctions on Myanmar’s gas revenues leaves the US and European Union without any excuses to delay action,” said John Sifton, Asia advocacy director at Human Rights Watch. “These governments should immediately impose measures vitally needed to target funds that pay for the junta’s abusive rule.”
In a January 18, 2022 letter to Human Rights Watch, the TotalEnergies CEO, Patrick Pouyanné, said the company had spoken with French and US authorities concerning the implementation of targeted sanctions on gas revenue flows and said that it “will not only comply with any sanction decision from the European or American authorities but also supports the implementation of such targeted sanctions.”
TotalEnergies also formally asked the French Ministry of Foreign Affairs to put in place sanctions that would create “a legal framework to respond to calls requesting us to stop the financial flows” to MOGE.
Since overthrowing the democratically elected government on February 1, 2021, Myanmar’s military has carried out nationwide crackdowns on anti-junta protesters, activists, journalists, and the political opposition, killing more than 1,400 people and amounting to crimes against humanity. Renewed attacks on ethnic minority areas have resulted in numerous war crimes. TotalEnergies has faced growing calls over the past year to suspend payments to the junta from Myanmar civil society and labor organizations, as well as pressure from institutional investors.
Since the coup, the US, Canada, United Kingdom, and EU member states have imposed targeted economic sanctions on junta leaders and several conglomerates and companies owned or controlled by the Myanmar military, but not on MOGE or payments it receives. The French government of President Emmanuel Macron has not supported such measures. The administration of US President Joe Biden has been unwilling to impose sanctions on gas payments unilaterally without the support of France and other EU nations.
The US and France should now reach a common position on imposing such sanctions, Human Rights Watch said.
Natural gas projects in Myanmar generate over US $1 billion in foreign revenue for the junta annually, its single largest source of foreign currency revenue. The money is transmitted in US dollars to MOGE or other military-controlled bank accounts in foreign countries, in the form of fees, taxes, royalties, and dividends from the export of natural gas, most of which travels by pipeline to Thailand or China.
The largest gas revenues paid are made via the majority Thai state-owned PTT, which purchases approximately 80 percent of Myanmar’s exported natural gas from joint ventures owned with TotalEnergies, Chevron, and MOGE. PTT separately owns stakes in joint ventures with the South Korean company POSCO, which transports and sells gas to China. Human Rights Watch has previously written to all of these companies and their shareholders, urging them to support sanctions on gas revenue.
“TotalEnergies’ support for sanctions should be an example to other energy companies operating in Myanmar, as well as to the Thai government, the single biggest buyer of Myanmar gas,” Sifton said. “Board members and institutional investors in other companies should push them to follow TotalEnergies’ decision.”
One critique of sanctions is that they might shut down gas operations completely, harming the general population. However, targeted sanctions on revenue and tax payments would not disrupt operations, just the flow of funds to the junta. The EU and US are in a key position to impose sanctions since payments for gas operations are made in US dollars and involve multinational banks that fall under the jurisdiction of EU and US law. Sanctions by those authorities can stop payments made by banks in Thailand, Singapore, South Korea, and other locations because foreign banks must comply with EU and US authorities when they ultimately require EU and US banks to process, or “settle,” Euro or dollar transactions.
“With TotalEnergies’ announcement, governments now have no reason to oppose or avoid tough measures that show support to the millions of people in Myanmar who want justice and accountability,” Sifton said. “Junta leaders are only going to turn away from their brutality and oppression if the economic costs of their abuses are too great for them to bear.”..."
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"Human Rights Watch" (USA)
Date of entry/update:
2022-01-20
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Sanctions, Business and the Military, Oil and gas, Natural Resource Use: global and regional, 2021 Burma/Myanmar coup d'état
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"Regional and international audit institutions, as well as the auditors general of Sweden and Norway, are providing legitimacy to the illegal Myanmar military junta through recognition, engagement and support.
In November, the Myanmar military junta’s auditor general, Dr Kan Zaw, became the Chairperson of the intergovernmental organisation, ASEAN Supreme Audit Institutions (ASEANSAI), placing the group under the military junta’s leadership.
Dr Kan Zaw was appointed auditor general by the illegitimate military junta on February 2 in an order signed by Lt Gen Aung Lin Dwe, following the brutal attempted coup in which the former auditor general, Maw Than, was deposed. Dr Kan Zaw had proven his loyalty to the military, having served as a deputy minister under the military’s former proxy government, led by the Union Solidarity and Development Party.
The Myanmar military junta took over the rotating ASEANSAI chair from Malaysia during the ASEANSAI Summit, hosted by the junta’s Office of the Auditor General (OAG) on November 2, 2021.
The Summit featured Vice Senior General, Soe Win, as the “Guest of Honour”. Soe Win is a war criminal responsible for genocide in 2017 and ongoing atrocity crimes as Deputy Commander-in-Chief of the Myanmar military. As Senior General Min Aung Hlaing’s deputy, he played a key leadership role in the military’s illegal and brutal attempted coup on February 1, 2021.
In his opening video address at the ASEANSAI Summit, Soe Win told participants that the 2020 national election in Myanmar was marred by electoral fraud and that the National League for Democracy “were trying to grab power illegally”. He claimed that the Myanmar military “are doing our utmost to firmly build a disciplined and genuine multi-party democratic system.”
Also present at the meeting were representatives of the Swedish auditor general’s office and a Norway-based intergovernmental organisation that provides development assistance.
The meeting took place after a year of international engagement with Dr Kan Zaw and the junta’s OAG through ASEANSAI, which included meetings and training sessions attended by staff of the junta’s OAG.
The European Union is a notable exception to this engagement. Pierre Destexhe of the EU Mission to ASEAN told Justice For Myanmar that “in conformity with its strong condemnation of the military coup, its unequivocal non-recognition of the military leadership and its sustained calls for an immediate and unconditional return of democracy in Myanmar, the EU did not engage in any form of dialogue with the military junta, including with the office of the auditor general since February 1, 2021… Therefore the EU does not plan participation in ASEANSAI events or support to ASEANSAI while the Myanmar military junta is included.”
Justice For Myanmar has investigated international engagement with the junta’s auditor general, which has taken place in a vacuum of international recognition for the illegal military junta, including the UN rejection of a junta-appointed ambassador.
As part of this investigation, Justice For Myanmar reviewed internal organisational documents received through freedom of information requests to organisations in Sweden and Norway.
INTOSAI awards early recognition to the Myanmar military junta
The International Organization of Supreme Audit Institutions (INTOSAI), based in the Austrian Court of Audit, is an intergovernmental organisation of auditors general. Myanmar is a member and, in a shocking betrayal of democratic principles, INTOSAI formally recognised the Myanmar military junta shortly after the February coup attempt, listing Dr Kan Zaw as the INTOSAI member for Myanmar on their website and in its official media (after questions from Justice For Myanmar, INTOSAI removed the names of auditors general from their member listings).
Justice For Myanmar asked INTOSAI when and how the decision was made to recognise the illegal Myanmar military junta. INTOSAI did not respond to these questions, providing only a short statement that INTOSAI “is an autonomous, independent, professional and non-political organization”.
On March 18, Dr Kan Zaw sent a letter to INTOSAI notifying that a new auditor general had been appointed. The letter, disclosed to Justice For Myanmar, explained that “since this post entails acting independently in carrying out all powers and duties of the Auditor General, we have to discharge responsibility and uphold the virtues”.
INTOSAI and the Austrian Court of Audit did not respond to a freedom of information request regarding their recognition of, and engagement with, the illegal military junta.
The INTOSAI Development Initiative (IDI) is an INTOSAI organ chaired by the Auditor General of Norway. IDI aims to support the capacity development of audit institutions in the developing world.
IDI told Justice For Myanmar that INTOSAI administers membership and IDI “works with all its members”.
After the Office of the Auditor General of Norway wrote to IDI recommending advocacy in response to the illegal coup, IDI released a statement expressing concern about the independence of the junta’s OAG. IDI claimed that the military coup may breach Principle 2 of the Mexico Declaration on SAI Independence, which requires security of tenure for supreme audit institutions (SAIs).
Yet, INTOSAI and IDI also continued business as usual with the junta’s OAG.
On March 26, IDI wrote to Dr Kan Zaw, inviting him to nominate up to 20 people for a ten-month, professional education pilot program for state auditors. The program required that the junta’s OAG also nominate a coach, with IDI bearing all costs for the development and delivery of the course.
Some IDI engagement with the junta was related to the COVID-19 pandemic. The junta has weaponised COVID-19, restricting oxygen supplies, blocking aid, arresting doctors and medical personnel, denying vaccines to Rohingya and dismantling the healthcare system. Under the military junta, millions of dollars in COVID-19 relief funds have disappeared.
Yet, Dr Kan Zaw was invited to participate in cooperative audits related to COVID-19 funds and public health systems, involving training for members of his staff.
Correspondence that IDI disclosed to Justice For Myanmar shows junta staff trying to continue business as usual amid mass anti-coup protests and the military’s campaign of terror.
In one email, a staff member from the junta’s OAG informed IDI that they could not join a webinar because of “some riot near my house and it caused wifi line disconnected [sic]”.
In another, the junta’s OAG informed IDI of an internet shutdown that would prevent webinar attendance.
In a third email, the junta’s OAG informed IDI of the “resignation” of a training participant, which may allude to OAG staff participating in the Civil Disobedience Movement.
As the junta’s terror campaign intensified with mass killings, torture, rape and indiscriminate airstrikes, INTOSAI continued to recognise and legitimise the junta through communication, training and participation in events.
In October, IDI facilitated an ASEANSAI “lessons learned” session, inviting Dr Kan Zaw.
IDI also invited Dr Kan Zaw to its Global Summit in November, asking the junta’s OAG and other invitees to share their “success stories”.
In addition, IDI participated in an ASEANSAI development partners meeting in October with Dr Kan Zaw.
Further, a representative of IDI attended the November ASEANSAI Summit hosted by the Myanmar military junta where Vice Senior General, Soe Win, gave the opening address.
In response to questions from Justice For Myanmar of reputation laundering for the Myanmar military junta, IDI stated, “IDI’s cooperation with ASEANSAI is at a technical level through the ASEANSAI Secretariat hosted by the SAI of Indonesia. We are aware of the risks of reputation laundering and continue to monitor the situation closely and will respond accordingly.”
When asked why they attended the Summit, IDI stated, “The agenda for the meeting did not include attendance by Soe Win. As ASEANSAI is a non-political organisation, the attendance by Soe Win was inappropriate and should not have happened. IDI is now discussing the implications of this event for its future engagement. We have discussed with the European Commission, who support our continued engagement with ASEANSAI.”
Norway’s engagement with the junta’s OAG
In addition to engagement with the Myanmar military junta through IDI, Norway’s Office of the Auditor General has direct engagement with ASEANSAI.
While Norway’s Office of the Auditor General wrote to the junta’s auditor general on February 4, seeking clarification on "changes of higher management" and again on February 23 to put bilateral cooperation on hold, they have continued to engage with the junta through ASEANSAI.
In August, this included the training of junta staff in performance auditing on modern fisheries through ASEANSAI.
Norway’s Office of the Auditor General also participated in an ASEANSAI development partners meeting in October, with Dr Kan Zaw, to discuss support for ASEANSAI under the junta’s leadership.
During the meeting, a representative of Norway’s Office of the Auditor General stated that Norway can provide assistance and advice as a “technical donor”, funded by the Norwegian parliament. He offered Norway’s support on a “large scale”.
In response to questions from Justice For Myanmar, Norway’s Office of the Auditor General described their collaboration with ASEANSAI as “informal” and involving “technical assistance.”
Justice For Myanmar asked Norway’s Office of the Auditor General if their cooperation with the military junta through ASEANSAI is consistent with the Norwegian government’s policy of freezing bilateral aid to Myanmar in response to the coup attempt.
Øivind Berg Larsen, Head of the International Division, replied that “the engagement of OAG Norway with ASEANSAI on a technical level is in line with Norwegian foreign policy. No specific instructions or approval is needed for the OAG as an independent body.”
When asked how Norway’s OAG has assessed the human rights and reputational laundering risk of engaging with the illegal junta through ASEANSAI, Øivind Berg Larsen responded, “Our analysis has been that the nature of the support we give is not of such a nature that it can cause human rights violations. We acknowledge the fact that engaging with ASEANSAI while OAG Myanmar has the Chairmanship involves a risk of reputational laundering. We consider this risk as low related to a technical collaboration. Our collaboration with ASEANSAI is at a technical and not political level.”
Sweden’s engagement with the junta’s OAG
The Swedish National Audit Office (SNAO) has engaged with the junta’s OAG throughout 2021 and has a memorandum of understating in place with ASEANSAI until the end of 2022, regarding the provision of technical support and training.
Swedish engagement has included attendance at the ASEANSAI Summit in which Soe Win was “guest of honour” in November, participation in the ASEANSAI development partners coordination meeting and were involved in training to members of the junta’s OAG on performance audits in October, and on compliance audits in June.
In July, SNAO supported a workshop on financial audits in which one session was facilitated by a member of the junta’s OAG.
Notably, the SNAO provided technical support for ASEANSAI’s strategic plan for 2022-2025, which covers the period when ASEANSAI is under the junta’s leadership.
As part of this, SNAO was involved in ASEANSAI's strengths, weaknesses, opportunities and threats (SWOT) analysis.
A report on the ASEANSAI members’ demands and SWOT analysis states that most members suggested deleting the goal “to promote safeguarding the independence of members SAIs” due to “different legal and political profiles of each member SAI”.
The document made no mention of the Myanmar military’s attempted coup and the illegitimacy of the junta’s OAG as a threat to ASEANSAI.
In October, a member of the SNAO participated in ASEANSAI’s development partners meeting. During the meeting, the Swedish participant offered to work with ASEANSAI to develop international partners and donors during the period when ASEANSAI is under the junta leadership.
Justice For Myanmar asked the SNAO about their engagement with the junta’s OAG. They replied, “Through our international capacity development work, the Swedish NAO works with several SAIs operating in challenging contexts, including non-democratic and authoritarian regimes. In our view, an effective SAI is a vital part of any democracy. We believe that by supporting SAIs, also in very complex contexts, we can – in the long run – contribute to strengthening democracy through transparency and accountability of government institutions.”
When asked about their attendance at the ASEANSAI Summit, in which Soe Win was "Guest of Honour", SNAO told Justice For Myanmar that Soe Win's participation was not announced beforehand and "thus we had no chance to reconsider our attendance." A copy of the Summit agenda provided to Justice For Myanmar shows "xxxx" in place of Soe Win. The SNAO since demands that speakers are announced in advance, Dagens Nyheter reported, a response that ignores the serious human rights impact of engaging with the terrorist military junta.
In December, Auditor General Helena Lindberg told Dagens Nyheter, "We are obviously concerned about developments in Myanmar, and see a threat to the independence of the audit authority, but we see our participation in ASEANSAI as a way to resist evil forces, and make the assessment that we want to continue to fulfill our commitment."
SNAO's engagement with ASEANSAI is inconsistent with Sweden's strategy on development cooperation with Myanmar. In April last year, the Swedish government issued changes specifying that "development cooperation shall neither resource nor legitimise the setback for democracy that the military takeover has entailed."
SNAO's legitimisation of the military junta is also inconsistent with its own international development cooperation strategy, which specifies that cooperation "is based on and characterised by a rights and poverty perspective" with an overall purpose to promote "democratic development".
ASEAN complicity
Since the Myanmar military’s illegal attempted coup, ASEAN has failed to take effective action against the junta’s criminal conduct.
ASEAN has been unable to achieve any progress towards their five-point consensus, agreed to in an ASEAN Leaders' Meeting held in Indonesia in April, in which Senior General Min Aung Hlaing participated.
The first of the five points is for an "immediate cessation of violence in Myanmar". Not only has the military junta ignored this but they have intensified their terror campaign since April, with murders, mass arrests, torture, indiscriminate airstrikes and shelling.
ASEANSAI is an official ASEAN entity. The ASEAN Secretary General participates in ASEANSAI events. For instance, the former Secretary General, Dato Lim Jock Hoi, gave an address at the ASEANSAI Summit hosted by the Myanmar military junta. This occurred in contrast to ASEAN’s decision to only invite a “non-political” representative of Myanmar to its annual summit.
Singapore’s Prime Minister, Lee Hsien Loong, recently stated that ASEAN should continue to not include political representatives from Myanmar at meetings.
Through ASEANSAI, the supreme audit institutions of member states have continued business as usual with the junta’s OAG, culminating in the transfer of chairpersonship from Malaysia to Myanmar in December.
The activities of ASEANSAI throughout the year have been supported by the Audit Board of the Republic of Indonesia (BPK), which provides the organisation’s secretariat. BPK is now serving the Myanmar military junta’s chairpersonship.
Stop legitimising the terrorist junta!
The National Unity Government, which was democratically elected shortly before the attempted coup in February 2021, has designated the Myanmar military as a terrorist organisation, a classification supported by international legal experts under international law.
INTOSAI and the Norwegian and Swedish auditors general are legitimising the illegal military junta through their continued engagement with, and support for, ASEANSAI. Since the junta’s auditor general has taken up the role of Chair of ASEANSAI, any engagement with the organisation legitimises the military junta and can amount to reputation laundering.
Since the ASEANSAI Summit, the junta has continued to commit horrific war crimes and crimes against humanity in its attempt to gain full control of Myanmar.
After the Myanmar military's killing of at least 35 people on Christmas Eve in Karenni State, the UN Security Council issued a statement demanding an immediate cessation of violence and accountability, yet the junta's campaign of terror continues with total impunity.
The junta is desperately seeking international legitimacy. The acceptance of the junta and its auditor general by INTOSAI, ASEAN and audit institutions in Norway and Sweden has only emboldened its illegitimate coup. Continued engagement disregards the will of the Myanmar people, who are represented by the National Unity Government and overwhelmingly oppose the illegal attempted coup.
The Myanmar military’s illegal coup attempt breaches the Lima Declaration of Guidelines on Auditing Precepts, which states independence as an essential prerequisite, and the Mexico Declaration on SAI Independence.
Justice For Myanmar welcomes the European Union’s clear stance to not support ASEANSAI while the military junta is included. Other international organisations must follow suit.
Justice For Myanmar calls on international organisations including ASEANSAI and INTOSAI to immediately stop recognising the Myanmar military junta and bar the junta’s OAG from participation in all international fora. ASEANSAI must revoke the junta’s chairpersonship.
The auditors general of Norway and Sweden must stop all engagement with ASEANSAI while the Myanmar military junta is included, following the lead of the European Union..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-01-19
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"January 19, 2022, Myanmar: The illegal Myanmar military junta is being awarded legitimacy and support from regional and international organisations of supreme audit institutions, and the auditors general of Norway and Sweden, a Justice For Myanmar investigation has found.
Despite the Myanmar people’s overwhelming rejection of the military’s illegal attempted coup on February 1 last year, ASEAN Supreme Audit Institutions (ASEANSAI) and the International Organization of Supreme Audit Institutions (INTOSAI) have recognised and engaged with the junta’s auditor general throughout 2021.
In November, the junta’s Office of the Auditor General became chair of ASEANSAI for a two-year term, placing the junta in the leadership of an international organisation, likely for the first time.
Following the attempted coup, the Myanmar military deposed Myanmar’s previous auditor general and appointed Dr Kan Zaw, a former deputy minister during the military’s previous proxy government led by the Union Solidarity and Development Party.
The military’s appointment of Dr Kan Zaw breaches the Lima Declaration of Guidelines on Auditing Precepts and the Mexico Declaration on SAI Independence.
ASEANSAI’s development partners, the Office of the Auditor General of Norway and the Swedish National Audit Office, have continued to engage with the Myanmar military’s auditor general through ASEANSAI, by providing training and technical support.
The Swedish National Audit Office and a representative of a Norway-based INTOSAI program even attended the ASEANSAI Summit that was convened by the terrorist military junta on November 2.
At the Summit, war criminal Vice Senior General of the Myanmar military, Soe Win, was “Guest of Honour”.
Norwegian and Swedish recognition of the junta’s auditor general contrasts with the position of the European Union, which has told Justice For Myanmar that “the EU does not engage in any form of dialogue with the military junta. Therefore the EU does not plan participation in ASEANSAI events or support to ASEANSAI while the Myanmar military junta is included.”
Justice For Myanmar spokesperson Yadanar Maung says: “The Myanmar military junta is a terrorist organisation that is carrying out mass killings, rape and torture with total impunity.
“Engagement and support for the junta’s auditor general has emboldened the junta’s terror campaign and provided legitimacy that the junta is desperately seeking.
“ASEANSAI and its member states have failed to uphold human rights and respect the will of Myanmar people by recognising the junta’s auditor general and allowing him to assume leadership.
“INTOSAI has also deplorably failed to respect human rights and the principle of independence of supreme audit institutions by formally recognising the junta.
“We call on ASEANSAI and INTOSAI to immediately cease recognition of the Myanmar military junta and bar its representatives from participation in all events.
“We welcome the EU’s position to not participate in, or support, ASEANSAI while it is under the leadership of the Myanmar military junta. Norway and Sweden must follow the EU’s lead and end all contact with the illegal junta, including its auditor general.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-01-19
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The junta is increasingly relying on troops and mines to secure its infrastructure, including the pipelines sending fossil fuel from the Rakhine coast to China
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"The junta recently placed landmines around oil and gas pipelines running through Hsipaw Township in northern Shan State to China, according to the Shan Human Rights Foundation (SHRF).
An unconfirmed number of military mines have been set up near a pumping station in forested areas along both sides of the Mandalay-Lashio highway, the rights group said in a Tuesday statement.
The site is just outside Nawng Arng village in Hawng Haeng village tract, some 15km west of Hsipaw town.
SHRF reported that in November, a Myanmar army sergeant informed Hawng Haeng’s headman of their use of the landmines in the area for “security reasons,” despite objections by locals.
The military has reportedly prohibited villagers from entering the mined area, which they have long used to gather edible plants and hunt for wild game.
“The mines are for [the military’s] own security, not for the locals’ security,” SHRF’s Sai Hor Hseng told Myanmar Now.
The pipelines, constructed in 2011 and 2013, carry gas and oil nearly 800km from the Rakhine State coast to China. One-third of the structure is located in northern Shan State, where locals have long opposed the pipelines due to the risks associated with possible leaks or explosions, SHRF’s statement said.
“It’s very dangerous for the people there, and it has become even worse during this crisis,” the group’s spokesperson told Myanmar Now, referring to the nearly one-year period since the February 1 coup.
Following the coup and subsequent attacks on military infrastructure by armed resistance forces, around 20 junta soldiers began guarding the pumping station in Nawng Arng, from Infantry Battalion 23 and Light Infantry Battalions 503 and 504, according to SHRF.
“There is conflict everywhere in the country so the army is afraid for the security of the gas pipeline. They have brought more troops to this area to protect themselves,” Sai Hor Hseng explained, adding, “The military is putting foreign investment ahead of the local people, the civilians.”
The recently mined area along the pipeline is also located in a conflict zone where multiple armed groups are active, Sai Hor Hseng explained.
Among them are forces belonging to the Northern Alliance of ethnic armed organisations—a coalition which includes the Arakan Army, Kachin Independence Army, Myanmar National Democratic Alliance Army and the Ta’ang National Liberation Army—as well as the Restoration Council of Shan State, and the Myanmar army.
During a recent episode of fighting near Nawng Arng, an artillery shell landed some 20m from the pipeline, Sai Hor Hseng said, adding that it is not confirmed which groups had clashed at that time, or who fired the shell in question.
Myanmar Now previously reported that the military had also laid so-called “security landmines” at telecommunications towers leased to multiple providers. The move followed attacks by anti-junta People’s Defence Forces using makeshift explosive devices to topple towers used by military-owned provider Mytel.
A spokesperson for the International Campaign to Ban Landmines has condemned the ongoing use of landmines in Myanmar, saying there was “no justifiable use of this weapon.”..."
Source/publisher:
"Myanmar Now" (Myanmar)
Date of entry/update:
2022-01-19
[field_licence]
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Category:
2021 Burma/Myanmar coup d'état, Business and the Military, Oil and gas, Reports and maps covering anti-personnel landmines and Burma/Myanmar
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"Three electricity pylons supplying the China-backed Tagaung Taung nickel-processing plant in Sagaing Region have been blown up this month, forcing production to halt.
Tigyaing Township People’s Defense Force (PDF) said it blew up the pylons on January 7.
The nickel project opened in July 2008 with a 20-year production-sharing contract between the No.1 Mining Enterprise of Myanmar and Chinese state-owned firm China Nonferrous Metal Mining (CNMC).
With an investment of US$800 million, the project is the largest nickel production site in Myanmar with an annual production of 85,000 tonnes of ferronickel, according to the joint venture Myanmar CNMC Nickel.
Around 5,000 tonnes of ferronickel ore each day is transported from the Mt Tagaung mine in Thabeikkyin Township, Mandalay Region, to Tigyaing where the nickel is smelted.
The Chinese Embassy in Yangon has reportedly complained to the parallel National Unity Government about the explosions but no details are known.
Chinese mining companies in Myanmar are being called on to demonstrate greater social responsibility and accountability and withdraw their investments since last year’s coup.
Activists have pushed for the closures of China-backed mines. A report by Publish What You Pay Australia — a coalition of 30 organizations campaigning for transparency and accountability in the extractive industries — said Chinese-backed mines were financially propping up the junta.
The report, How Chinese Mining Investment Funds the Myanmar Military, released in November last year, said the Chinese-run Letpadaung, Sapetaung and Kyesintaung and Tagaung Taung mines paid an estimated US$725 million to the military during the 2020-21 financial year.
Myanmar’s three largest mines are run by Chinese state-owned enterprises, Wanbao Mining Ltd and CNMC, with a slice of the profits flowing to the generals, said the report.
It said Myanmar’s economy has been in freefall since the coup meaning the regime is increasingly reliant on oil and gas, gemstones and metal mining, often with heavy Chinese investment.
More than 1,400 people have been killed by the junta since its takeover in February last year, according to the Assistance Association for Political Prisoners..."
Source/publisher:
"The Irrawaddy" (Thailand)
Date of entry/update:
2022-01-19
[field_licence]
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2021 Burma/Myanmar coup d'état, Politics and Government - global and regional - general studies, strategies, theory, Business and the Military, Political History
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"The news that Myanmar’s air force chief has been forced to step down has prompted speculation about the role as the military regime is relying increasingly on airstrikes when fighting resistance groups across the country.
General Maung Maung Kyaw, who has overseen deadly airstrikes on villagers and displaced civilians, was forced to retire on Jan. 10 and replaced by air force chief of staff, Lieutenant General Tun Aung.
Some say his departure followed the military’s retirement policy while others speculate that the move was because of animosity from regime leader Min Aung Hlaing.
Maung Maung Kyaw was appointed in January 2018 and his retirement was due this month under the policy that limits full generals’ terms to four years.
Retirement is not, however, mandatory, with two-year extensions available.
Some generals close to Min Aung Hlaing have served six years in the three roles that carry the rank of full general: chief of the general staff of the army, navy and air force – the third-highest military rank – and the naval and air force chiefs.
General Khin Aung Myint was air force chief for more than five years from 2013 to 2018. He was concurrently chief of the general staff for more than a year and was the first general to hold both positions at the same time.
Admiral Tin Aung San was naval chief for six years from 2015 to August 2021 when he was appointed transport and communications minister by the regime.
The two generals stayed on for more than four years because both served the interests of Min Aung Hlaing, said a retired lieutenant general.
General Mya Tun Oo, who was once tipped to be the next senior general, was chief of the general staff from August 2016 to January 2021 and appointed defense minister after the coup.
General Hla Htay Win, who allegedly had a poor relationship with Min Aung Hlaing, was moved on after four years as the chief of the general staff after four years from April 2011 to August 2015.
Admiral Thura Thet Swe, 60, retired as naval chief after three years from 2012 to August 2015 before he reached retirement age.
According to military sources at the time, he was sacked because Min Aung Hlaing did not like his wife who was a doctor who often failed to attend military events and show him enough respect.
The fate of former generals supports rumors of animosity between Min Aung Hlaing and Maung Maung Kyaw.
Major General Lwin Oo, the deputy air force chief, retired before retirement age over his allegedly poor performance during the conflict in Kokang near the Chinese border in early 2015.
He was dismissed after most of the missiles landed in Chinese territory, said a retired lieutenant general.
Min Aung Hlaing has often ignored military policies on promotion and retirement when organizing his staff. He promoted the head of a non-combat unit to lieutenant general, which is unprecedented in the military’s recent history. The rank has previously only been awarded to regional commanders.
Lieutenant General Aung Lin Dwe was sacked as judge advocate general and transferred to the reserve force. He, however, remains the secretary of the State Administration Council, the regime’s governing body.
He was replaced by Major General Myo Thant Naing, who was promoted to lieutenant general and was previously the recruitment chief.
To conclude, generals’ retirement date does appear to be linked to their relationship with Min Aung Hlaing..."
Source/publisher:
"The Irrawaddy" (Thailand)
Date of entry/update:
2022-01-18
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"Were Inya Lake an animate being, it could tell many stories about Myanmar’s politics. The famous lake in Yangon has witnessed the way Myanmar’s politics has been shaped by its residents, from the prestigious Yangon University, the birthplace of Myanmar’s independence struggle, to the residences of Myanmar’s dictatorial and democratic leaders.
From Myanmar’s first military dictator Ne Win to democracy leader Daw Aung San Suu Kyi, their lakeside residences have been intertwined with Myanmar’s politics.
Coup leader Min Aung Hlaing is one of the landlords in the upmarket village neighborhood on Inya Lake. And he has two. Min Aung Hlaing did not have a house of his own in an affluent neighborhood in the commercial capital Yangon until he was handpicked by former dictator Senior General Than Shwe to become the military chief in 2011. But in the next five years, he managed to acquire two residences in the Inya Lake neighborhood worth billions of kyats (millions of US dollars).
One of his residences is known as 14 Inya, located at No. 14 Inya Road. Another is at 6 ½ Mile, close to the Lotte International Hotel and not far from Kan Thar Yar Hospital, in which he has a financial interest.
Until 2014, the coup leader stayed at 14 Inya whenever he came to Yangon, but since 2015 he has preferred to stay at the 6 ½ Mile residence, according to striking military personnel.
The 14 Inya residence used to be a military guesthouse, commonly known as the military intelligence guesthouse, where military leaders received foreign diplomats and ethnic armed organization leaders.
One of the prominent figures who visited the location was the late leader of the Karen National Union (KNU) General Saw Bo Mya, better known as Bo Mya. Military intelligence chief General Khin Nyunt received him at the guesthouse, according to a former military intelligence officer.
In his heyday as the military spy chief in the 1990s, Khin Nyunt would celebrate Thingyan, the water festival that marks Myanmar’s New Year, at the guesthouse together with military leaders and artists.
But since 2011, Min Aung Hlaing has made the guesthouse his own mansion.
“When Senior General Than Shwe stepped down, he asked [then] General Min Aung Hlaing if he had a house in which to live in Yangon. [Min Aung Hlaing] said he did not, so that guesthouse was given [to him],” a former lieutenant general from the previous military regime told The Irrawaddy.
Min Aung Hlaing and military leaders at the opening ceremony of Kan Thar Yar Hospital in December 2017.
The guesthouse was then sold to Min Aung Hlaing at a price much lower than the market rate at the time and transferred from military ownership to Min Aung Hlaing’s private ownership, said the former lieutenant general.
Today, the property is valued in the millions of US dollars—something Min Aung Hlaing could not afford with his own official remuneration package.
Not content with the 14 Inya residence, Min Aung Hlaing had the residence at 6 ½ Mile transferred to his private possession. It was created from three compounds previously owned by the military and used to house serving major generals dating back to the time of late military dictator Ne Win.
One of Min Aung Hlaing’s two residences on Inya Lake is near the Lotte Hotel.
Before the military’s headquarters was moved to Naypyitaw, the last occupants of those three compounds were joint adjutant-generals Major General Maung Nyo and Major General Kyaw Win, and deputy air defense chief Major General Kyi Win.
The compounds were left vacant after the three moved to serve at Naypyitaw military headquarters. Following the relocation of the headquarters, some military-owned properties were sold or leased to businesses and individuals.
Min Aung Hlaing purchased the three compounds and started building a mansion there in 2014. It is not known how much he paid for the compounds. Real estate agents said a plot of land is worth millions of US dollars in that particular neighborhood.
The mansion was built by IGE Co. owned by U Nay Aung, the elder brother of Myanmar’s Navy chief Admiral Moe Aung, according to a striking government employee from Yangon.
Nay Aung and Moe Aung are the sons of U Aung Thaung, the former Industry Minister who was notorious as the most corrupt official in the former military regime. The military leased the land on which the Lotte Hotel now sits to IGE in 2012..."
Source/publisher:
"The Irrawaddy" (Thailand)
Date of entry/update:
2022-01-17
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"As trade in Myanmar teak continues amidst sanctions, a ban on all Myanmar timber imports is necessary.
Since the illegal attempted military coup in February 2021, the United States has imported 1,565 metric tonnes of teak from Myanmar, even though sanctions began soon after.
Following the attempted coup, the Myanmar military has carried out acts of terrorism against Myanmar people, murdering over 1,400 civilians and imprisoning 11,000 more, indiscriminately bombing and shelling communities and committing mass killings with total impunity.
In response, the United States has imposed multiple targeted sanctions, including on the state-owned Myanma Timber Enterprise (MTE).
MTE has sole responsibility for the sale of timber in Myanmar, auctioning logs for export. The forestry industry in Myanmar is effectively controlled by MTE.
According to MTE’s website, its Export Marketing and Milling Department has competencies that “cover the timber supply chain from the moment of truck, barge and train load arrive at timber depots until the transfer of the ownership of the cargoes to the customer at ports and terminals”. MTE operates teak sawmills that produce scantling for export and the enterprise regulates the private sector trade.
Since the military’s attempted coup, MTE has come under the control of the Myanmar military junta. Through MTE, the junta takes a percentage of export revenue, and this helps finance their atrocities.
The US Department of the Treasury’s Office of Foreign Assets Control (OFAC) imposed sanctions on MTE, with the justification that the timber industry is a key economic resource for the Myanmar military junta.
Yet, from February to the end of November, US businesses continued to import teak from Myanmar, according to data from the global trade database, Panjiva.
The 82 shipments largely consisted of teak board and scantling that are used for shipbuilding, outdoor decking, and furniture.
The first shipment of teak after the attempted coup arrived on February 18 and the most recent shipment arrived in December.
In fact, there was a sharp increase in teak exports to the US a few months after the sanctions were imposed, which may coincide with the timing of teak auctions held by the MTE.
When looking at the total number of shipments from February to November 2021 compared with the same time period in previous years, it is evident that the flow of teak from Myanmar to the United States has been quite consistent.
But how are these exports possible when the US has sanctions in place?
See a list of businesses and individuals involved in the Myanmar teak trade with the US: Download Excel File (25 kb)
Evading weak sanctions by trading via intermediaries
The answer is that importers in the US are purchasing timber from private companies that are acting as brokers in Myanmar; they are evading sanctions by not buying directly from MTE.
These private companies include major teak traders, some of which have reportedly placed winning bids at MTE auctions since the attempted coup.
The private companies that act as brokers buy the timber from MTE in Myanmar, then export it, sometimes through foreign freight companies.
While the data analysed for this feature only captured teak exports directly from Myanmar to the United States, it is likely that even more teak is being exported to the US via third countries such as China. So, the overall amount of teak exported since the attempted coup is expected to be significantly more.
This indirect trade between companies in the US and MTE may not have attracted penalties from OFAC at this stage, but it still appears to contravene US sanctions.
Sanctions imposed by the United States on MTE prohibit “the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any blocked person”.
Considering that timber exported from Myanmar is originally auctioned by MTE, the military junta still receives funds from the various charges applied, no matter who officially exports the timber.
A report from Myanmar’s Extractive Industries Transparency Initiative shows that the state received almost USD$100 million in revenue from taxes and royalties applied to timber trade in the 2017-2018 financial year, the last year for which data is available.
The country’s total revenue from the forestry industry that year was USD$322 million, so the taxes and royalties now flowing to the military junta from the post-attempted coup timber trade are significant.
Considering the scope of the problem and potential for the illegal military junta to gain vast sums of money to fund their atrocity crimes, it is clear that further action is essential.
Lack of transparency makes trade after sanctions difficult to trace
Before the coup attempt, MTE used to announce details of its upcoming timber auctions in advance and disclose some of the auction outcomes.
The last auction in which winning bidders were disclosed was held on January 28, 2021. As full payments were due within 75 days, the funds were likely received by the illegal military junta.
After the attempted coup, MTE's official disclosure of successful auction bidders is no longer publicly available on its website. It is likely that only businesses and timber companies close to the military junta will have access to this information, which is concerning because this information is critical to taking action against companies circumventing sanctions.
Yet, according to information published in state-run newspapers controlled by the military and other media reports, at least nine open timber auctions have been held since the coup that included teak.
The Lacey Act must be enforced
Since 2008, amendments to the Lacey Act in the United States have prohibited the importation of illegally sourced timber.
It requires companies to take due care to ensure that timber they purchase – including from overseas sources – has been harvested legally and to declare its country of origin.
While this law addresses illegal logging – and does not include purchasing from an illegal military junta in its scope – it does require some transparency about the timber supply chain.
It’s very difficult to get information about how timber is harvested in Myanmar, however, when a company exercises due care in tracing the origin of its timber, it should easily uncover MTE in the supply chain.
In Myanmar, all legally harvested timber for export passes through MTE. So, compliance with the Lacey Act should – even inadvertently – lead companies to MTE.
And this should lead to the conclusion that timber should not be lawfully imported to the United States due to the current sanctions against MTE.
But despite the efforts of organisations such as Environmental Investigation Agency, the Act is still not strongly enforced on timber imports from Myanmar.
Effective enforcement of the Lacey Act could potentially lead more companies to think twice before importing timber from Myanmar.
International banks also implicated
According to the MTE website, all of its sales are made in USD dollars and payments can be made via several banks.
These include Singaporean banks United Overseas Bank (UOB), Oversea-Chinese Banking Corporation (OCBC) and DBS Bank.
These banks are playing an enabling role for the military junta and international action is needed. They may also be breaching US sanctions by accepting US dollar transactions in which MTE is the beneficiary.
How US industries are responding to the timber sanctions
Timber sellers, shipbuilders, furniture makers and others who produce teak products in the United States are responding in various ways to the sanctions.
While some are using indirect pathways to continue importing, others are seeking alternative products.
Shipbuilders in particular have long used Myanmar teak for its high silicone and resin content that makes it more durable in wet environments.
But given the situation in Myanmar, some recognise the imminent need to shift to other materials, and are trialling products such as iroko, other timbers and even synthetic teak.
Meanwhile, one small company called Techtona, a social enterprise that exported recycled teak from old buildings in Myanmar to the US, has closed down.
The business was hit hard by the COVID19 pandemic and a representative told Justice For Myanmar that trading any timber in Myanmar now risks supporting the military junta: “We cannot any longer import anything from Burma to USA because everything that gets exported has to pay some permit fee – and that could go to the wrong people. So this kind of business – and actually all business in Burma – is now impossible.”
What the companies still importing Myanmar teak say
Justice For Myanmar asked the US companies that have imported since the attempted coup about their purchases and whether they intend to keep importing teak from Myanmar.
World Panel Products, a US-based timber supplier to the marine industry, responded: “Don't agree with the Coup. We ensure that whoever we purchase from directly in Myanmar are not associated with any of the Army Generals or their family.”
World Panel Products also said they had not participated in any MTE timber auctions this year. Yet, transactions involving the company appear in the Panjiva trade database after the coup, with post-coup exports likely enriching the military junta.
Justice For Myanmar wrote to teak importers J. Gibson McIlvain, East Teak, Lumberbest, Kingsley Bate, but we have not received a response.
We also wrote to logistics companies Clare Express, DB, Apex Shipping (a subsidiary of Kerry Logistics) and UCM Cargo, which have transported Myanmar teak trade to the US since the attempted coup, asking about their human rights due diligence and US sanctions. None of the companies responded.
Europe also still importing Myanmar teak post-coup
The European Union also sanctioned MTE in June this year. Yet, European companies have continued importing teak.
A report by the Environmental Investigation Agency found that Italy alone has imported teak worth over €2 million from Myanmar since the attempted coup.
The problem with teak trade to Europe is similar to the United States: companies have been able to circumvent sanctions. In Europe this has involved trading via Italy and other countries where sanctions are not well enforced.
Companies in Europe are also required to conduct due diligence in timber trade under the European Union Timber Regulation, which prohibits the sale of illegally harvested timber in Europe.
This due diligence effort for any trade in teak from Myanmar would uncover MTE in the supply chain, and therefore a company should not proceed with such imports.
The Environmental Investigation Agency is calling for the companies violating EU sanctions through trade in illegal teak from Myanmar to be investigated and prosecuted. Justice For Myanmar echoes that call.
Ban Myanmar timber imports!
The evidence shows that the sanctions have not stopped the flow of teak to the US, and therefore have not stopped the flow of funds from the timber trade to the illegal military junta.
The need for international action to stop the Myanmar miilitary's international crimes is becoming increasingly urgent. After the Myanmar military's killing of at least 35 people on Christmas Eve in Karenni State, the UN Security Council issued a statement demanding an immediate cessation of violence and accountability, yet the junta's campign of terror continues with total impunity.
The companies who are aiding the Myanmar military and trading with the entities it controls, are complicit in the crimes committed by the Myanmar military.
If the US and other international governments are serious about their roles in stopping the military junta's campaign of terror and supporting the people of Myanmar, further action is urgently needed.
Justice For Myanmar calls on the United States and other international governments to:
urgently investigate the teak and timber trade with Myanmar. The OFAC should investigate whether any of these transactions have violated the current sanctions against MTE. If these imports were lawful, then it shows that current sanctions have not effectively stopped the trade in Myanmar teak to the US, therefore further measures are needed.
promptly investigate all banks and financial institutions processing teak payments.
ensure that current sanctions involving trade with Myanmar are vigorously enforced.
ensure that the Lacey Act is enforced with regard to timber imports from Myanmar.
impose new targeted sanctions on all companies and individual directors involved in exports of products from industries controlled by the military junta, including timber.
impose new targeted sanctions on all other military-related businesses and associations.
ban all Myanmar timber imports to prevent further revenue from reaching the illegal military junta.
Companies still trading Myanmar teak amidst US sanctions
In the section below, we provide details of the companies involved in the teak trade from Myanmar to the United States since the attempted coup in February 2021.
Largest US importer: East Teak Fine Hardwoods
Up to 49 per cent of the imports since the coup were made by the largest importer of Myanmar teak in the United States: East Teak Fine Hardwoods (ETFH). This company alone has bought over 765 tonnes of teak boards and scantling which arrived in 44 shipments.
The Myanmar timber companies that exported these shipments include: Thein Than Htun Manufacturing Company Limited, National Wood Industry Ltd, Maha Nadi Maritime Services Company, Unilite Industries & General Serve, Jewellery Teak Timber Company, Pa Pa Wadi Company, Yadanar Tin Company, Lin Win Company, Royal River Trading Company and KMI Company.
Among the local companies that exported to ETFH, Thein Than Htun Manufacturing Company Limited is the largest supplier. Since the attempted coup, the company has been confirmed as placing winning bids on teak at MTE auctions and has sent 22 shipments to the United States.
Questionable ties within the industry
The Thein Than Htun Manufacturing Company Limited has also sold teak to Kingsley Bate Warehouse, a leading US manufacturer of teak outdoor furniture.
Thein Than Htun’s director, Kyaw Kyaw, is also the director and shareholder of United Wood Industries Company, another company that placed winning bids on teak at MTE auctions.
Since the coup, United Wood Industries Company has shipped teak via the logistics company Apex Maritime and to the wholesaler Lumberbest, which specialises in selling “genuine Myanmar natural teak.”
One of United Wood’s directors and shareholders is Bjorn Burchard, a Norwegian citizen with longstanding ties to MTE. Under the previous military junta, Bjorn was managing director of Scantrade, a business that jointly operated a furniture factory with MTE and was sanctioned by the European Union. Norwegian authorities should investigate and prosecute Bjorn Burchard for his role in the teak trade.
Similarly, multiple companies involved in the post-attempted coup teak trade have close and questionable ties to the MTE and the export-promoting industry association, the Myanmar Timber Merchants Association (MTMA).
The MTMA plays a key role in facilitating trade relationships among the Myanmar timber industry, foreign buyers and the MTE. It operates under the guidance of UMFCCI (a federation of the country’s chambers of commerce and industry), which is closely linked to the military junta.
For example, KMI Company and National Wood Industry Limited are companies that have also exported teak to the United States since the coup attempt. These companies have two directors in common: Kyaw Win and Ye Htet Win. Kyaw Win is also the Honorary Auditor of the MTMA and Ye Htet Win is a member of the Central Executive Committee of the MTMA.
KMI Company’s other director, Min Thaw Kong, is also a director of Win Enterprise Limited, another timber company that exported teak to the United States since the attempted coup. Win Enterprise Limited is a subsidiary of Forest Products Joint Venture Corporation. Min Thaw Kong is a Secretary General (2) of MTMA and also a director of Forest Products Joint Venture Corporation. Forest Products Joint Venture Corporation is a joint venture between MTE, Myanmar’s Forest Department and private enterprises, which processes teak and has been sanctioned by the European Union.
Other large US importers
The second and third largest US teak importers since the coup attempt are J. Gibson McIlvain Company, a timber wholesaler well-known in the shipbuilding industry, and World Panel Products, the leading marine panel distributor in the United States.
Both of these companies bought teak from Win Enterprise Ltd and Myat Noe Thu Company. J. Gibson McIlvain Company also bought teak from Golden Pollen Manufacturing Company, Water Solutions Company, Tharaphu Decor Company, and World Panel Products also bought from KMI Company. Notably, Water Solutions Company and Tharaphu Decor Company have a common director, Min Min Shein.
Freight companies exporting Myanmar timber to US amid sanctions
Multiple freight companies operating in the United States and Myanmar are also implicated in the teak trade.
Largest transporter to US: Clare Group
Among these, the Clare Group alone has transported almost 1,000 tonnes in 54 shipments, which is equal to 64 per cent of the total teak imports after the coup.
The Clare Group is a multinational logistics company with subsidiaries in multiple countries, headquartered in Taiwan.
Other large transporters
Another freight company involved in these shipments is the Italian D.B. Group, an international transport and logistics company. Its Myanmar subsidiary, D.B Group Myanmar Company, has shipped teak to D.B. Group’s US-based subsidiary, D.B. Group America.
Great Foremost Logistics Company Ltd and the British Virgin Islands' logistics and supply chain management company IFB Myanmar Ltd, part of IFB Group, have also transported Myanmar teak to the US since the attempted coup. IFB Myanmar is run by two German citizens.
The involvement of these Italian and German linked companies in teak exports could violate the European Union's sanctions against MTE. This is because the EU sanctions apply to all companies that have a presence in an EU Member State, even when they are operating elsewhere.
Kerry Logistics, a Hong Kong based company engaged in logistics, freight services and warehouse operations, has additionally been involved in transporting teak to the United States through its subsidiary Kerry Freight Myanmar Ltd and its US subsidiary, Apex Maritime.
Freight companies in the United States, Aries Global Logistics Inc., Mcl Multi Container Line Inc. and United Cargo Management Inc., were listed as ‘consignees’ in teak shipments..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-01-11
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"January 11, 2022, Myanmar: Companies in the United States have imported nearly 1,600 tonnes of teak from Myanmar since the military’s attempted coup in February 2021.
Following the coup attempt, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) imposed multiple targeted sanctions with the aim to block trade with Myanmar that benefits the illegal military junta.
Sanctions were placed on the state-owned Myanma Timber Enterprise (MTE), which solely manages the sale of timber in Myanmar, auctioning logs to private companies for export.
Through MTE, the junta takes a large percentage of all export revenue through various taxes and charges, and this contributes to financing their campaign of terror against the people of Myanmar.
Since February 1, Myanmar’s military has killed over 1,400 unarmed civilians and imprisoned 11,000 more.
Despite sanctions, from February to the end of November last year, US businesses continued to import timber from Myanmar, according to data from the global trade database, Panjiva.
The timber arrived in 82 different shipments between February 1 and November 30, 2021, largely consisting of teak board and scantling that are used for shipbuilding, outdoor decking, and furniture.
Multiple US timber wholesalers and manufacturers are involved, including East Teak Fine Hardwoods, J. Gibson McIlvain, Kingsley Bate Warehouse, Lumberbest, World Panel Products and others.
The data indicates that companies are circumventing sanctions by trading via intermediaries, keeping the link to MTE indirect.
It appears that only the intermediaries’ details are included on the documentation required for US imports, allowing potentially illegal imports to pass under the radar of US authorities.
Sanctions imposed by the United States on MTE prohibit “the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any blocked person”.
Considering that sanctions aim to block trade with MTE, and the timber exported from Myanmar is originally auctioned by MTE, the military junta still receives funds from the trade no matter who officially exports the timber.
This indirect trade between companies in the US and MTE may not have attracted penalties from OFAC at this stage, but action is now urgently needed.
Justice For Myanmar spokesperson Yadanar Maung says: “Sanctions must be enforced in order to be effective. We urge OFAC to investigate US imports of timber from Myanmar since sanctions were imposed on MTE.”
“We call on the US Government to ban all Myanmar timber imports to prevent further revenue from reaching the illegal military junta.
“Continuing trade in timber from Myanmar supports the illegal military junta that is committing atrocity crimes with total impunity, including the indiscriminate murder of children.
“Through such targeted sanctions on imports from military-controlled industries in Myanmar, the US and other countries have the power to cut the financial flow to the illegal junta and support the Myanmar people’s struggle to end this tyranny and establish federal democracy.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-01-11
[field_licence]
Type:
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Category:
Sanctions, Business and the Military, The Burmese military's role in the economy, Sanctions - general, 2021 Burma/Myanmar coup d'état
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"The International Karen Organisation today called for the urgent implementation of new
targeted strategic sanctions on the Burmese military in response to escalating attacks
against civilians in Karen State.
Simultaneous attacks by the Burmese military are taking place in different parts of Karen
State, in Sagaing Region, Kachin State, Chin State and many other ethnic states, at the
same time as the military continue to make mass arrests of political leaders, peaceful
protesters and PDF members across the country. This demonstrates that the international
community is moving much too slowly to cut the flow of arms and revenue to the military,
and reduce their capacity to attack and oppress the people of Burma.
Sanctions need to be applied on the supply of aviation fuel, arms, and on gas revenue and
other sources of revenue for the Burmese military. Funding for cross border aid needs to
be increased without placing unnecessary reporting burdens on local civil society
organisations which are impossible to meet, and effectively act to block life-saving aid to
those in need.
The Burmese military appear to be targeting hundreds of Burmese democracy activists
who have taken shelter in Lay Kay Kaw, a town in Karen State under the control of the
Karen National Union (KNU). In the process, they are indiscriminately using heavy artillery
and gunfire against civilian areas, forcing thousands of Karen villagers to flee as well as
the democracy activists. This is a war crime. It is a violation of international law.
On 14th December the Burmese military raided the town of Lay Kay Kaw, in the KNU
controlled Dooplya District, in southern Karen State, bordering Thailand. They arrested
around 30 activists who had taken refuge in the town. Hundreds of Burmese democracy
activists were sheltering in Lay Kay Kaw.
On 15th December the Burmese military escalated attacks, using heavy artillery in
surrounding areas and forcing more than 1,000 local civilians to flee. In the following days
these attacks continued and expanded. On 19th December the Burmese military began
attacking Palu and other nearby villages where many people who had fled attacks against
Lay Kay Kaw had taken shelter.
As of the morning of 20th December, the number of people displaced by these attacks was
estimated at 4000. With numerous attacks taking place, numbers of displaced people are
constantly changing.
At the same time, the Burmese military has increased shelling against civilian villages in
Doo Tha Htu (Thaton) District in Karen State, as more Burmese military troops move into
KNU areas.
In both areas the Karen National Liberation Army is defending civilians against attacks and
encroachment by the Burmese military.
On 18th December around 30 Burmese military vehicles, including armoured personnel
carriers of the type supplied by China and Ukraine, and military transport vehicles, brought
reinforcements through Myawaddy travelling towards Dooplaya.
There are increased jets and drones flying over the areas, increasing fear of indiscriminate
aerial bombing of the kind that happened in March and April this year. Before the new
attacks this December there were already more than 80,000 people internally displaced,
mostly because of bombings and the threat of bombings. Jets and drones have continued
to fly over the area, preventing villagers from returning home and stopping them from
growing this year’s crops, creating a humanitarian crisis on top of the COVID pandemic.
Around 2,000 Karen villagers crossed into Thailand this week and around 600 have been
pushed back by the Thai authority.
We call on the government of Thailand not to keep pushing refugees back into a war zone
as they have done so many times in the past. We call on the USA, EU, UK, Canada,
Australia and sympathetic governments, and on the United Nations Secretary General, to
make representations to the Royal Thai Government not to force refugees to return
against their will.
The Burmese military are attacking our people with much more sophisticated weaponry
than they used before the so-called reform process began. They have used the past ten
years with sanctions lifted and more business opportunities to increase income and buy
more modern and deadly equipment. They have more heavy artillery, more jets and new
drones which they are using against civilians.
It is absolutely vital that more sanctions are rapidly imposed on the Burmese military in
order to reduce their military capacity.
The international community must:
Sanction aviation fuel
The majority of people in Karen State have been displaced by air strikes and are unable to
return because of the threat of airstrikes. These air strikes have killed and maimed
innocent civilians and have created a humanitarian crisis. The international community
must impose sanctions to stop aviation fuel reaching the military. Companies which supply
the military with aviation fuel should be sanctioned and evidence collected for future
prosecutions for complicity in violations of international law.
Expand the arms embargo
The United Nations Security Council should impose an arms embargo. With Russia and
China blocking a potential resolution on an arms embargo, countries should impose
unilateral arms embargoes. Only around 40 of 193 UN members have imposed arms
embargoes against the Burmese military, despite recommendations from the United
Nations Fact-Finding Commission on Myanmar, the United Nations Special Rapporteur on
human rights in Myanmar, and a UN General Assembly Resolution in June this year. We
call on all countries to impose unilateral arms embargoes.
More targeted economic sanctions, including gas revenue
Almost a year on from the military coup, the Burmese military is earning up to $1.4bn in
gas revenues. This money is being used to kill our people. Even countries which claim to
support human rights and democracy in Burma have not stopped gas revenue, with
hundreds of millions of dollars being given to the military from a gas project run by
American and European Union companies Chevron and Total. We call on American
President Biden and French President Macron to stop blocking sanctions on gas revenue
and impose gas revenue sanctions. The European Union cannot sanction gas revenue as
long as President Macron keeps blocking it.
It makes no sense to us that President Biden and President Macron have arms embargoes
against the Burmese military but are still allowing their companies to give money to the
military which they can then use to buy arms from Russia, China, India, Serbia, Ukraine
and other countries. They won’t sell arms, but they help fund the purchase of arms.
The international community has long failed to take action against the Burmese military for
violations of international law committed against the Karen people. This decades long
impunity has contributed to the crisis in Burma today. We hope that the international
community will now finally learn lessons from past mistakes and take effective action
immediately..."
Source/publisher:
International Karen Organisation
Date of entry/update:
2021-12-21
[field_licence]
Type:
Individual Documents
Category:
Armed conflict in Karen State - the human rights situation, Sanctions, Business and the Military, 2021 Burma/Myanmar coup d'état, Armed conflict in Burma - attacks on civilians, Freedom of Movement, violations of in Burma/Myanmar
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Title: Joint press release - Japanese investors in Y Complex development risk violating US sanctions
Description:
" Several Japanese companies that are investors in Y Complex, a mixed-use real estate development on land controlled by Myanmar’s military, risk breaching US sanctions imposed against military entities for their role in human rights abuses.
On December 10, 2021, the US, UK and Canada imposed sanctions on the Office of the Quartermaster General of the Myanmar army, in response to the unlawful February 1, 2021, attempted coup. The Office of the Quartermaster General (QMG) is a key entity that oversees the Myanmar military’s business interests.
According to the UK sanctions list, the QMG “plays a crucial role in procuring equipment for the Myanmar Armed Forces, including ammunition, bombs and jet fuel. This directly enables serious human rights violations, and the repression of the civilian population including peaceful protestors and ethnic minorities”
Japanese companies, including Daiwa House Industry subsidiary Fujita Corporation, Tokyo Tatemono and the Japanese government, private sponsored infrastructure fund Japan Overseas Infrastructure Investment Corporation for Transport & Urban Development (JOIN), pay over US$1.8 million in rent in US dollars to the QMG annually, which could violate US sanctions if they are found to be materially assisting a sanctioned entity.
The policy-based financial institution Japan Bank for International Cooperation (JBIC) and the banks Sumitomo Mitsui Banking Corporation and Mizuho Bank are co-financing the project through a US$144 million loan.
The project has been suspended following the military’s attempted coup, and the sanctions risk may apply if payments in US dollars resume.
The Government of Japan must end its complicity in human rights abuses in Myanmar by halting its business with the military junta and its conglomerates, including in the Y Complex project. Y Complex investors and creditors should also avoid the risk of breaching sanctions, and fulfil their human rights responsibilities under the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, by responsibly disengaging from their business with the QMG.
HRN Secretary General Kazuko Ito says: “Since the coup happened, we have been urging Japanese companies involved in this project and the Government of Japan to responsibly exit from this project as it is obvious that this project could significantly make an adverse impact on people in Myanmar. We once again insist that all the companies should conduct heightened human rights due diligence which the UN Working on Business and Human Rights published and disclose its result to be accountable for its involvement in a transparent manner. That process should get relevant stakeholders engaged so that their voices are heard. Additionally, we urge the Government of Japan to proactively promote such processes according to its duty to protect human rights under the UN Guiding Principles.”
Justice For Myanmar spokesperson Yadanar Maung says: “It is unacceptable that Fujita Corporation, Tokyo Tatemono and JOIN have continued their involvement in the Y Complex development, after the Myanmar military’s 2017 campaign of genocide against the Rohingya, ongoing war crimes and crimes against humanity in ethnic areas and the campaign of terror that the military junta was waged against the Myanmar people for over ten months. After the latest US sanctions on the QMG, which is the Y Complex lessor, the project is untenable and the investors must immediately move to responsibly cut ties. Should they continue payments, we request the US Treasury investigate Y Complex for any breach of sanctions and take swift action. Myanmar people continue to be slaughtered by this illegal and murderous military junta with total impunity. Through Y Complex, the Japanese government and companies are complicit in atrocity crimes. They have blood on their hands.”
Yuka Kiguchi, Executive Director of Mekong Watch, said: "Further land lease payments will mean that Tokyo Tatemono, Fujita, JOIN, Sumitomo Mitsui Banking Corporation, Mizuho Bank, and JBIC, are directly and indirectly providing funds for human rights violations such as extrajudicial killings, torture, sexual violence as well as attacks in ethnic minority regions committed in Myanmar under the direction of the military. In particular, JOIN and JBIC are implicating Japan's taxpayers in these human rights violations by providing public funds to Y Complex. They should immediately pull their funding and stop lending to the project."
Naoko Watanabe, Advocacy Office of JVC, said, "The Japanese public and private sectors, which have funded the Y-Complex on military land, have continued to be complicit in the massacres, detentions, torture and other atrocities committed by the military against the innocent people of Myanmar not only after the February 1 coup, but also before the coup. The sanctions against QMG by the U.S., U.K., and Canada have made it clear that the attitude of the Japanese government and the companies, involved in the project without any indication or response after the coup, is wrong and shameful. We, as Japanese citizens and taxpayers, once again call on the Japanese government and the companies involved in the project to respect the decisions of the three countries and to immediately withdraw from the Y Complex project.”
Background on Y Complex
Since the Myanmar military’s unlawful February 1, 2021 coup attempt, the junta has murdered more than 1300 people, including children, and arrested nearly 11,000, according to the Myanmar human rights organisation, the Assistance Association for Political Prisoners. The Myanmar military has also carried out indiscriminate airstrikes and shelling that have killed civilians, destroyed property and caused mass displacement.
Since the attempted coup, the Myanmar military has engaged in “probable crimes against humanity and war crimes” according to the UN Special Rapporteur on the situation of human rights in Myanmar. It has been well documented that the Myanmar military’s international crimes are financed by its business interests, including from real estate projects such as Y Complex.
Y Complex is being developed under a build-operate-transfer agreement between the crony company Yangon Technical & Trading Co. Ltd. (YTT) and the QMG, with annual lease payments of US$2.163 million payable to the Ministry of Defence.
The project, still under construction, is for a mixed-use real estate complex that will include an Okura Prestige Hotel, to be operated by the Japanese company Okura Hotels & Resorts.
Fujita, Tokyo Tatemono and JOIN’s investment in Y Complex Co. Ltd. is structured through a holding company in Singapore, Yangon Museum Development Pte. Ltd, owned by the three Japanese investors. The holding company owns 80% of the Myanmar project company, Y Complex Co. Ltd., with the remaining 20% held by their local partner, YTT.
Yangon Museum Development is the recipient of co-financing from JBIC, Sumitomo Mitsui Banking Corporation and Mizuho Bank.
According to Yangon Museum Development’s most recent financial statement for 2020, US dollars is the functional currency of the company and funds are held in US dollar accounts in Singapore, from where they are transferred to Myanmar, including for lease payments to the QMG. Any banks involved in the transfer of US denominated funds to the QMG may be at risk of violating sanctions.
Payments to the QMG are made from a US dollar rent reserve account that is jointly controlled by Y Complex Co. Ltd. and YTT. According to the draft Land Lease Agreement between Y Complex Co. Ltd. and YTT, leaked by Distributed Denial of Secrets, the Japanese investors are responsible for transferring US$1.82 million annually into the rent reserve account. These funds are transferred to Myanmar from Yangon Museum Development, and according to the 2020 financial statement, were last remitted in 2019 from Singapore. In reality, Japanese investors may be indirectly paying a greater share of the funds owed to the QMG, through additional payments to YTT that are specified in the Land Lease Agreement.
Fujita Corporation and Tokyo Tatemono both said, “Regarding the Y Complex Project, Tokyo Tatemono considers the safety of the Myanmar people and relevant stakeholders to be the top priority and has suspended the operation of the Project entirely since February 1, 2021. We are seriously concerned about the recent sanctions imposed by the United States and other countries and will continue to monitor the situation, including its possible impact on the Project.”
JOIN said,“As Y Complex Project is a JV project with other private partners, we share the same view with Fujita Corporation.”..."
Source/publisher:
Human Rights Now, Japan Volunteer Center, Justice For Myanmar and Mekong Watch
Date of entry/update:
2021-12-20
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Type:
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Sanctions, Business and the Military, Sanctions - general
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Description:
"Revenues from the oil and gas industry are the largest source of vital foreign exchange available to the
military; they were forecasted to be USD 1.5 billion in 2021-2022. Myanma Oil and Gas Enterprise
collects these payments. The military has taken possession over MOGE and its bank accounts, meaning
that the military will take control over the USD 1.5 billion. This money will be used to purchase weapons
that can be used to continue their brutal operations against the people of Myanmar. For this reason,
civil society and the National Unity Government have called for sanctions on MOGE so that oil and gas
companies put payments into a protected account. They have not asked for natural gas production to stop.
However, companies such as Total have stated that if they stop paying MOGE,
they will be forced to stop gas production, which will have humanitarian impacts..."
Source/publisher:
Blood Money Campaign
Date of entry/update:
2021-12-19
[field_licence]
Type:
Individual Documents
Category:
Oil and gas, Business and the Military, Sanctions, Right to Life: reports of violations in Burma
Language:
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1.2 MB 1.12 MB 1.38 MB
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Description:
"December 17, 2021, Myanmar: The Myanmar military has commissioned aircraft manufactured in France, Russia and China, during a ceremony held on Wednesday to mark the 74th anniversary of the Myanmar Air Force.
Aircraft include an ATR-72 600, an Airbus Eurocopter, a Y-12, Yak-130s and K-8s.
ATR-72 600s are manufactured in France by ATR, a French-based joint venture between Airbus and Italy’s Leonardo Corporation.
Eurocopters are also manufactured in France by Airbus. Airbus’ corporate headquarters are in the Netherlands.
The aircraft were commissioned by EU sanctioned war criminal and junta leader Senior General Min Aung Hlaing as the Myanmar military intensifies its terror campaign following the February brutal and illegal coup attempt. In recent weeks, the junta has carried out indiscriminate airstrikes in Kachin and Shan states and the Sagaing and Magwe regions, killing civilians, destroying property and causing mass displacement. Earlier air raids had also targeted Chin, Karen and Karenni states. These attacks amount to war crimes and crimes against humanity.
Data from ACLED, analysed by Altsean Burma, shows a 632% increase in armed clashes and attacks compared to 2020. Between February 1 and November 26, Myanmar had more armed clashes and attacks than both Yemen and Afghanistan.
The European Union has an arms embargo on Myanmar with a ban on the transfer of dual use goods, although the Myanmar military has a history of bypassing arms controls through their network of private brokers and crony-run airlines.
Justice For Myanmar spokesperson Yadanar Maung says: “The French, Dutch and Italian governments must immediately investigate how ATR and Airbus aircraft got into the hands of the terrorist Myanmar military junta. These aircraft will be used by the military to attack civilians and kill children. The fact that the military continues to procure aircraft must be a wakeup call for the European Union, which has not imposed new sanctions on Myanmar since June. That contrasts with the US, UK and Canada, which have targeted entities related to military procurement in the latest round of sanctions. France has a particular responsibility as a permanent member of the UN Security Council and should be leading the push for a global arms embargo on Myanmar. It is unacceptable that the junta is still able to procure European aircraft after the 2017 genocide against the Rohingya, their illegal coup attempt and continued acts of terrorism.”
In addition to European aircraft, the Myanmar military has commissioned K-8 trainer jets, Yak-130 fighter jets and a Y-12 military transport plane.
K-8s and Y-12s are manufactured by subsidiaries of the Chinese state-owned company AVIC. K-8s are produced by AVIC’s Hong Kong listed subsidiary AviChina Industry and Technology Co. Ltd, connecting AviChina investors to AVIC’s complicity in the Myanmar military’s atrocities.
AviChina’s biggest investors include Airbus, Vanguard Group, BlackRock, Dimensional Fund Advisors and the sovereign wealth funds of Australia, New Zealand and Norway.
Yak-130s are manufactured in Russia by the majority state-owned United Aircraft Corporation.
Justice For Myanmar spokesperson Yadanar Maung says: “China and Russia are aiding and abetting the junta’s war crimes and crimes against humanity by selling aircraft, profiting from the murder of Myanmar people. The fact that two UN Security Council permanent members with veto power are arming the terrorist military junta explains why the UN’s highest body has utterly failed to take meaningful action on Myanmar. The international community must take action against Russia and China’s complicity in the Myanmar military’s atrocity crimes.
It is alarming that sovereign wealth funds and major international corporations continue to invest in AVIC, despite clear evidence of their complicity in the Myanmar military’s war crimes and crimes against humanity. We demand that shareholders of AVIC immediately divest to end their link to the Myanmar military’s crimes. International partners and suppliers of AVIC and United Aircraft Corporation also have a responsibility to prevent human rights impacts linked to their business relationships. We call on them to cut ties with AVIC and United Aircraft Corporation immediately.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2021-12-17
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, UN Security Council, Business and the Military, Sanctions, Sanctions - general
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Description:
"Burma Campaign UK today welcomed new targeted sanctions on the Burmese military announced by the UK, USA and Canada.
The new sanctions announced today are:
The Quarter Master General’s Office
The Directorate for Defence Industries
The Directorate for Defence Procurement
The Myanmar War Veterans Organisation
The Myanmar War Veterans Organisation acts as a reserve for the military and has significant economic interests. The others are military bodies responsible for buying and manufacturing arms, Burma Campaign UK has been campaigning for sanctions on these entities.
The British government statement on the new sanctions is available here.
“The British government is doing exactly what is needed, systematically identifying and sanctioning sources of revenue and arms to the military,” said Anna Roberts, Executive Director of Burma Campaign UK. “We would like to see the British government increase the pace of rounds of sanctions, and expand them to areas such as aviation fuel. Military air strikes are being made against civilian targets, causing deaths and injuries, and forcing tens of thousands of people from their homes. This has created a humanitarian crisis.”
Since the military coup on 1st February 2021 more than 1,300 people have been killed, more than 10,000 arrested and nearly 300,000 people have been forced to flee their homes.
Under the previous military dictatorship, sanctions were only introduced every few years in response to new atrocities. This time the British government is implementing sanctions in a much more strategic and effective way. This approach to implementing sanctions will have not only a financial impact on the military but also a psychological impact in letting them, and their business allies, know that the economic pressure will keep increasing.
“Inside Burma, people’s sanctions are cutting revenue to the military, with boycotts of military companies, and people refusing to pay electricity bills,” said Anna Roberts. “It’s right that the international community should join the people of Burma in seeking to cut the flow of money to the military. Liz Truss is showing global leadership in rallying allies to coordinate the implementation of targeted sanctions on the Burmese military.”
Burma Campaign UK also renewed its call for a new round of sanctions from the European Union.
“The European Union is lagging behind, with no new sanctions for almost six months,” said Anna Roberts. “The EU has economic leverage which it isn’t using. The EU must bring in a new round of sanctions and commit to implementing regular rounds of targeted sanctions in the future.”
Absent from sanctions so far are measures to stop hundreds of millions of dollars in gas revenue to the military. French company Total and US company Chevron are both involved in gas projects in Burma and are lobbying against sanctions which force them to stop financing human rights violations.
“Ten months on from the coup, President Biden and President Macron still appear more interested in protecting energy company profits than acting to stop hundreds of millions of dollars of gas revenue financing the Burmese military,” said Anna Roberts.
The Burmese military has been unable to consolidate the military coup, and is facing peaceful protests, boycotts and armed resistance every day. Today millions of people joined a nationwide silent strike, leaving city streets empty across the country. Military defectors report plummeting morale. It is vital that the British government and others do everything they can to cut the flow of arms and money to the military, deny them the legitimacy they crave, and hold them to account for the violations of international law they have committed..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2021-12-10
[field_licence]
Type:
Individual Documents
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Sub-title:
The UK announced new sanctions against the Myanmar military for their continued suppression of the civilian population and for serious human rights violations.
Description:
"on International Human Rights Day, the UK announces new sanctions against the Myanmar military for their role in serious human rights violations against civilians
sanctions made in coordination with US and Canada
the UK has also sanctioned a former commander in the terrorist organisation Lashkar-e-Jhangvi, who helped orchestrate a 2017 bombing in Pakistan
The UK has today (10 December 2021) announced new sanctions against the Myanmar military for their continued suppression of the civilian population and for serious human rights violations.
The sanctions, announced alongside the US and Canada, demonstrate the UK’s staunch commitment to hold Myanmar’s military accountable for human rights violations and our resolve to act, together with our partners, to limit its access to arms, equipment and funding.
The UK has also sanctioned Furqan Bangalzai, a former commander in the terrorist organisation Lashkar-e-Jhangvi, who helped orchestrate the 2017 bombing of the Lal Shahbaz Qalandar shrine in Pakistan. Designating Bangalzai for his role in the attack, in which more than 70 Sufi worshipers were killed, reinforces the UK’s commitment to defending religious freedom where minority faith groups face persecution.
Lord (Tariq) Ahmad of Wimbledon, Minister of State for South Asia, the UN, and the Commonwealth and the Prime Minister’s Special Representative on Preventing Sexual Violence in Conflict said:
The sanctions made today target some of the most callous violations and abuses of human rights, including cases where civilians suffer unrelenting state repression and worshippers have been targeted and killed for their religious beliefs.
The UK will always be a fierce champion of human rights and we will work with our fellow democracies and partners, as a network of liberty, to hold to account those who deny these fundamental freedoms.
The UK will impose travel bans and asset freezes pursuant to the Global Human Rights Sanctions Regulations 2020 and the Myanmar (Sanctions) Regulations 2021 respectively on those involved in serious human rights violations or abuses and those responsible for undermining fundamental rights and liberties.
The designations made under the Myanmar (Sanctions) Regulations 2021 are:
the Quarter Master General’s Office, which plays a crucial role in procuring equipment for the Myanmar Armed Forces and is responsible for overseeing a campaign of violence and human rights violations across Myanmar
the Directorate for Defence Industries, a state-owned enterprise that has manufactured weapons and technology used by the Myanmar military
the Directorate for Defence Procurement, responsible for buying arms from abroad used by the Myanmar military to undermine democracy and violate fundamental rights of the civilian population
the Myanmar War Veterans Organisation, a quasi-reserve force for the Myanmar military which has publicly supported the military’s undermining of democracy, violation of human rights, and repression of the civilian population
The individual designated under the Global Human Rights Sanctions regime today is:
Furqan Bangalzai, a former commander in the terrorist organisation Lashkar-e-Jhangvi, for his role in the 2017 bombing of the Lal Shahbaz Qalandar shrine in Sehwan, Pakistan which killed 70 people
Today’s announcement ensures this individual cannot freely travel to the UK, channel money through UK banks or profit from the UK economy..."
Source/publisher:
Govt. UK (London)
Date of entry/update:
2021-12-10
[field_licence]
Type:
Individual Documents
Category:
Sanctions, Business and the Military, Sanctions - general
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Description:
"Reporters Without Borders (RSF), along with three other organisations, Info Birmanie (IB), Justice For Myanmar (JFM) and Sherpa, denounce exports of military technology carried out by French transnational company Thales to an Indian intermediary partner of the Myanmar military junta, which could allegedly be carried out in violation of the restrictive measures imposed by the European Union (EU), after the February 2021 attempted coup in Myanmar. The organisations call on Thales to stop these exports, and ask the French authorities to take the necessary measures to put an end to this partnership and adopt a law making it possible to penalise violations of arms embargoes.
A JFM investigation published last spring revealed that one of Thales' long-time partners, the Indian company Bharat Electronics Limited (BEL), has a particularly close relationship with the Myanmar junta, and exports military technology to it. On the basis of these revelations, IB, RSF and Sherpa wrote a letter to Thales on November 26, 2021, calling on the French company to put an end to any transfer of its technologies to the junta in Myanmar, and more generally to definitively end its business relationship with BEL and with any other partner of the Myanmar junta.
JFM's investigations outline BEL's close ties to the junta and demonstrate the supply of equipment to the military, which BEL confirms in its 2020-2021 annual report. According to the information gathered, BEL has carried out at least seven exports of radars and equipment for the benefit of the Myanmar junta since the attempted coup of February 1, 2021, even though international sanctions were taken against Myanmar and that States and companies were called upon to take all necessary measures to avoid fuelling the junta's human rights abuses. BEL also reportedly exported a remote-controlled weapons system, partly managed by executives of the BTSL joint venture created between BEL and Thales Systems Limited.
In view of this information, it is likely that the technology shared by Thales to BEL, and re-exported by BEL in its equipment, is therefore directly transmitted to the Myanmar military junta, and potentially used to perpetrate its atrocities. These exports could then constitute a violation of the European restrictive measures and the UN Guiding Principles on Business and Human Rights.
“Terrorist”
“More than 1,290 people have been killed by the military junta since its attempted coup, including children, said Yadanar Maung, of JFM. The military is now stepping up its campaign of terror through indiscriminate airstrikes, destruction of homes and villages, killings and rape. This is the context in which Thales' partner, Bharat Electronics Ltd, continues to do business, supplying equipment to the military junta with knowledge of the crimes being committed. Thales must sever its relations with Bharat Electronics, stop transferring technology and end all direct and indirect support to the military, who are terrorists.”
IB coordinator Sophie Brondel states:“this case confirms the urgent need for a global arms embargo in Myanmar, as 136 organizations around the world called for in February, including Justice For Myanmar and Info Birmanie.”
"Thales must put an end to its business relations which benefit the Myanmar junta," declares RSF’s legal officer, Paul Coppin. ‘Business as usual’ is no longer possible with a country like Myanmar, whose ruling junta fiercely represses journalists and destroys civil society. "
Laura Bourgeois, litigation and advocacy officer at Sherpa, considers that "French companies which directly or indirectly supply armed groups and thus support their actions are not sufficiently worried or held accountable: the existing rules to sanction them are special rules too scattered and restricted to be dissuasive. It is time for French legislators to create an offense punishing violations of embargoes. "
The Member States of the EU, and therefore the French State, have the responsibility to take all necessary measures to guarantee the scope and effectiveness of EU law, notably of the restrictive measures, and to put in place sanctions at the national level that are effective, proportionate and dissuasive.
The four signatory organisations do not exclude taking legal action on these revelations, and mobilizing civil society and the competent authorities so that they make the best use of the rules applicable to the violation of EU restrictive measures.
Legal background
European Council Decision 2013/184 / CFSP renewed until April 30, 2022 by Council Decision (CFSP) 2021/711 of April 29, 2021 prohibits "the sale and supply in Myanmar, as well as the transfer and export to that country, by nationals of the Member States or from the territory of the Member States (…) of equipment liable to be used for internal repression, whether or not it comes from their territory.”
Article 3a of Council Regulation 401/2013 concerning restrictive measures imposed due to the situation in Myanmar as amended by Council Regulation 2021/479 of March 22, 2021 prohibits "the sale, supply, transfer or export, directly or indirectly, dual-use items and technologies listed in Annex I to Council Regulation (EC) No 428/2009 (…) to any entity or body in Myanmar or for the purposes for use in that country, if these goods and technologies are or may be intended, in whole or in part, for military use, for a military end user (…)” being specified that “when the end user is the Myanmar Army, any dual-use good and technology supplied to it is considered to have military use. "
Principle 13 of the UN Guiding Principles on Business and Human Rights provides that:
"The responsibility to respect human rights requires that business enterprises:
(a) Avoid causing or contributing to adverse human rights impacts through their own activities, and address such impacts when they occur;
(b) Seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts."
The Court of Justice of the European Community ruled in its time, on September 21, 1989, that "it should be noted that, when a Community regulation does not contain any specific provision providing for a sanction in the event of violation or refers to this in relation to national laws, regulations and administrative provisions, Article 5 of the Treaty requires Member States to take all appropriate measures to guarantee the scope and effectiveness of Community law." (Case 68/88, Comm. V. Greece, §23)..."
Source/publisher:
Reporters Without Borders (Paris)
Date of entry/update:
2021-11-30
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Business and the Military, Sanctions, Human Rights and international relations
Language:
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Sub-title:
Sovereign wealth fund’s holdings include 14 companies that have done business with military which has killed more than 1,200 since coup
Description:
"Australia’s sovereign wealth fund, the Future Fund, has invested in a Chinese state-controlled weapons manufacturer that has sold combat aircraft to the Myanmar military, which is accused of crimes against humanity.
A weapons company controlled by India is also among companies the fund has invested in that are linked with the Myanmar military, documents released under freedom of information laws show.
Myanmar’s military seized control of the country in a coup in February and has since killed more than 1,200 civilians in a crackdown on pro-democracy protests.
In total, Australia’s Future Fund has invested $157m in 14 publicly traded companies that have done business with the Myanmar military.
The fund’s holdings include $4.9m invested in five subsidiaries of the Chinese arms conglomerate Aviation Industry Corporation of China (AVIC).
It also has $17.8m invested in Bharat Electronics, a company controlled by the Indian government that has supplied materiel to the Myanmar military and was sanctioned between 1998 and 2001 by the US over allegations it was involved in developing nuclear weapons. The sanctions were lifted in 2001 due to India’s cooperation with the US in an anti-terrorism campaign.
The Future Fund holds about $200bn in investments made on behalf of the Australian government. It is overseen by a board of guardians chaired by Peter Costello, who was treasurer in the Howard government.
Myanmar’s military, known as the Tatmadaw, has faced international condemnation over its 2017 “clearance operations” – executed with “genocidal intent”, according to UN investigators – against the ethnic minority Rohingya in Rakhine state, which included mass killings, including of children, as well as gang rapes, arson and torture. More than 25,000 Rohingya were killed, and 700,000 driven over Myanmar’s border into Bangladesh.
In 2019, a UN fact-finding mission said China was breaching international humanitarian law because of AVIC’s transfers of military supplies to the Tatmadaw.
The bulk of Australia’s investment in AVIC is through subsidiary AviChina, in which it has invested $3.2m. AviChina manufactures the K-8 light combat aircraft, which have been used in military operations in the state of Kachin in Myanmar.
In 2015, the Myanmar military ordered 16 JF-17M combat aircraft from AVIC under a US$560m contract. The first four planes were commissioned in 2018, a year after the Myanmar military’s genocidal campaign against the Rohingya.
AVIC also delivered 40 short-range PL-5E missiles and 24 longer-range PL-12 missiles, both of which can be fitted to the JF-17M aircraft, to the Myanmar military in 2018-19, according to the Stockholm International Peace Research Institute Arms Transfers Database.
Bharat Electronics has continued to sell military supplies to the Tatmadaw since the coup. The company has supplied the Tatmadaw with radar, sonar, a coastal surveillance system and a remote-controlled weapons station, according to export data.
The Justice For Myanmar spokesperson Yadanar Maung said that since the 1 February coup, the military had killed more than 1,200 civilians, including children, had tortured thousands, committed rape, torched villages and launched indiscriminate airstrikes on homes.
“It is deplorable that Australia’s Future Fund is seeking to profit from companies arming the Myanmar military and effectively financing its campaign of terror.
“In the name of Australia’s ‘future’, taxpayer funds are being invested in companies that supply the Myanmar military with fighter jets, missiles, radar and provide millions in annual revenue to war criminals. It is time Australia stops profiting at the expense of the lives of Myanmar people and Myanmar’s future.”
Other companies in which the Future Fund has investments that have links to the regime include Sinotruk, which makes trucks used by the Tatmadaw but has denied selling the vehicles to the military. The fund has invested $4.4m in Sinotruk, which did not respond to Guardian Australia’s questions.
The Future Fund’s largest Tatmadaw-linked investment is in Korean steel giant Posco, which operators the Shwe gas project, a major revenue earner for the Myanmar military. A Posco subsidiary also brokered the sale of a warship for the Myanmar navy. Posco has not responded to questions from the Guardian but Jeong Joon-sung, a Posco director, has previously said: “We don’t think that the gas field business is connected to the military junta.”
The Future Fund has also invested $33m in Kirin, which is in joint venture with a Tatmadaw-controlled company in a brewery business in Myanmar. After the coup, Kirin suspended dividend payments to the Tatmadaw company, MEHL, and promised it would stop doing business with it.
It has not yet done so and earlier this month MEHL applied to the courts in Myanmar to have the joint venture liquidated – a move Kirin said it opposed “because of doubts about the fairness and appropriateness of the liquidation process”.
A Kirin spokesperson, Russell Roll, said the company “has made every effort to negotiate the termination of the joint venture with MEHL”.
“However, MEHL has been uncooperative in the negotiations, effectively rejecting our proposals,” he said.
“We have been and continue to be deeply concerned by the recent actions of the military in Myanmar, which are against our standards and human rights policy.”
The Future Fund did not answer questions about its investments in companies linked to the Tatmadaw.
In a statement, a spokesperson said: “In line with its mandate from government, the Future Fund has built a broadly diversified portfolio which includes passive investments through external investment managers in thousands of entities globally.
“The fund has a well-established policy on environmental, social and governance matters and exclusions which takes account of its objectives, legislation, investment strategy, Australian law and the treaties that the Australian government has entered and ratified.”..."
Source/publisher:
"The Guardian" (UK)
Date of entry/update:
2021-11-29
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Business and the Military, Arms (Military Expenditure, Arms Transfers, Arms Production Etc)
Language:
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Description:
"November 29, 2021, Myanmar: Australia’s sovereign wealth fund, the Future Fund, has equity holdings valued at AUD$157.9 million across 14 publicly listed companies directly linked to the Myanmar military, according to a Freedom of Information request and new research by Justice For Myanmar. Six of the companies are connected to the arms trade with Myanmar, while others span real estate, tourism, transportation and beverage sectors, providing the military with diverse sources of revenue and equipment to finance their continued atrocity crimes.
Justice For Myanmar calls on the Future Fund and all other institutional investors to immediately divest from companies doing business with the military and its conglomerates, and selling arms and related equipment. Justice For Myanmar also calls on the Australian government to impose immediate targeted sanctions against the Myanmar military junta, their businesses and significant business associates, and to advocate for a global arms embargo.
Justice For Myanmar spokesperson Yadanar Maung says: “It is deplorable that Australia’s Future Fund is seeking to profit from companies arming the Myanmar military and financing its campaign of terror. Since the illegal February 1 attempted coup, the military has murdered more than 1200 people, including children, tortured thousands, committed rape, torched whole villages and launched indiscriminate airstrikes against civilians. In the name of Australia’s “future”, taxpayer funds are being invested in companies that supply the Myanmar military with fighter jets, missiles, radar and provide millions in annual revenue to war criminals. It is time Australia stops profiting at the expense of the lives of Myanmar people and Myanmar’s future.”
International guidelines for responsible investing developed by the UN and OECD are clear that investors have a human rights obligation. Investors are expected to divest from companies that have repeatedly failed to respect human rights and to encourage all of their investee companies to act responsibly, including stopping payments to and business with Myanmar military-controlled entities. If they do not do so, the OECD Due Diligence Guidance for Responsible Business Conduct indicates that they risk deepening their relationship to and responsibility for the atrocities in Myanmar. Under the OECD Guidelines, the asset manager may no longer simply be considered to be “linked” to the abuses, but could be considered to be “contributing” to them, and they may be subject to a formal complaint to this effect under the OECD Guidelines’ complaint mechanism.
A 2019 report by the United Nations Independent International Fact-Finding Mission on Myanmar revealed that the military in Myanmar owns and operates two large holding companies: Myanma Economic Holdings Limited (MEHL) and Myanmar Economic Corporation (MEC). This business empire provides the military with enormous financial resources to fund their atrocity crimes and maintain their autonomy. The UN Fact-Finding Mission called on companies and investors to cut ties with the Myanmar military and its businesses and business relationships, and for a halt to the transfer of arms to Myanmar..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2021-11-29
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Arms (Military Expenditure, Arms Transfers, Arms Production Etc), Human Rights and international relations, 2021 Burma/Myanmar coup d'état
Language:
Format :
pdf pdf
Size:
180.58 KB 126.59 KB
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