American brewery votes to join Kirin, promises ‘examination’ of Myanmar Beer money

Activists and protesters unsatisfied with New Belgium's 'lack of concrete commitments' on human rights questions

Published on Dec 20, 2019

Employees of American brewery New Belgium have voted to approve the sale of their company to a subsidiary of Japanese beer giant Kirin Holdings, the company announced this week.

The vote came in spite of protests and demands by human rights groups—many of them from the Karen-American community—that employees reject the sale.

Kirin has enriched the Myanmar military, which has used the money to help fund human rights abuses against ethnic communities across the country, including a campaign of mass murder, rape and arson against the Rohingya in Rakhine state in 2017, United Nations experts have said.

New Belgium disputes these allegations and is sticking by Kirin. Leah Pilcer, the company’s director of communications, told Myanmar Now that New Belgium has done its due diligence and is satisfied with Kirin’s commitment to human rights.

“Respect for human rights is fundamental to all of their business activities,” she said.

 

 

Still, the company’s founder, Kim Jordan, called news of the accusations “unsettling.”

After the acquisition she will personally work with Kirin’s International Advisory Board on a ‘further examination’ of the Japanese company’s human rights impact in Myanmar, she said.

 

 

A disappointing meeting

But the results of the vote left many activists disheartened.

A couple dozen of them—including five Karen refugees—braved -18C temperatures on 14 December to protest outside New Belgium’s doors, in Fort Collins, Colorado.

News of the sale had come as a surprise to them. New Belgium professes a commitment to proving business can be “a force for good.”

“Roads were covered with ice and snow,” said Lynn Thompson, an organizer with the Fort Collins Homeless Coalition, one of several organizations that co-sponsored the protest. “The Karen refugees drove all the way from Denver!”

Myanmar Now first reported on the sale on 6 December.

Kirin owns the Myanmar Brewery in a joint-venture partnership with Myanmar Economic Holdings Limited (MEHL), the military conglomerate headed by commander-in-chief Min Aung Hlaing, who the UN has recommended be tried for genocide and crimes against humanity.

The military uses its vast business network to fund its brutal campaigns against ethnic minorities, a UN-backed international fact-finding mission said.

The employee vote approves New Belgium’s acquisition by Lion Little World Beverages, a wholly-owned subsidiary of Kirin.

On Saturday, the company’s leadership, including Jordan and CEO Steve Fechheimer, opened their doors to the protesters, inviting them in to chat.

“We appreciate that our friends and fans are raising concerns around Kirin’s business in Myanmar, this news is certainly unsettling,” Jordan told an ABC affiliate in North Carolina, where they also have a brewery, following the protest.

“We were very grateful and humbled to have heard the personal stories of the refugees,” Pilcer told Myanmar Now.

But several activists told Myanmar Now they left the meeting unsatisfied and convinced New Belgium’s leadership had no intention of reconsidering the sale.

“I was disappointed with the conversation,” Thompson said.

“While it is clear New Belgium’s management is learning a lot… they should have done their due diligence earlier,” she added. “This does not seem like late-breaking news to me.”

The company’s “bland statements” offer “no concrete commitments for change,” said a statement from the Fort Collins Community Action Network, another protest sponsor.

The statement said New Belgium had been vague on Saturday about when they had learned of Kirin’s links to the military conglomerate.

On 10 December, the Karen Community of North Carolina, where New Belgium has a brewery, and pressure group Inclusive Development International penned an open letter to brewery employees urging them to vote against the sale.

“Most of us sought protection in the USA to escape from the Burmese army’s campaigns of ethnic cleansing,” it read. “We are deeply concerned that New Belgium Brewing is being bought by Kirin’s fully-owned subsidiary, Lion Little World, pending your vote.”

“As a subsidiary of Kirin, New Belgium would become part of a key financial network empowering the Burmese military to continue committing genocide and crimes against humanity, unless you vote no,” it said.

Kirin has been on pressure group Burma Campaign UK’s “Dirty List” of companies not to do business with since 2018, the same year Amnesty International called on the Japanese government to investigate them for criminal misconduct.

“To describe genocide as ‘unsettling’ minimizes the crimes the Myanmar army has committed and continues to commit,” said Khin Ohmar, a human rights activist and leader in Myanmar’s 1988 democracy uprising.

‘Further examination’

After the protests, Kirin and New Belgium both promised a “further examination” of Kirin’s “operations and relationships” in Myanmar.

Both declined to offer further details on what such and an examination would entail.

“We will continue conversations with (activists) and are seeking out additional advisors to be as informed as possible,” Pilcer said. “We aren’t sharing anymore right at this time.”

For activists, it isn’t enough.

“I call on Kirin to divest from their business with the military,” Khin Ohmar said. “Until they do that, they will continue to be directly complicit in genocide and crimes against humanity.”

New Belgium has been added to a boycott of Kirin launched by the International Campaign for the Rohingya.

While financial details have not been disclosed, Forbes magazine reported the all-cash deal to be worth between $350m and $400m.

Once the sale goes through, New Belgium employees will receive a $100,000 bonus in their pension funds, with some receiving more, Jordan said in an open letter.

“This result moves us one step closer towards New Belgium Brewing officially joining Lion Little World Beverages,” Fechheimer said in a statement announcing the vote results. “We’re excited about the next chapter for NBB and continuing to prove business can be a force for good.”

The sale is expected to be finalized in the coming weeks. ​​​​​​

Danny Fenster is an editor at Myanmar Now. 

Announcement came as court postponed the 82-year-old’s third hearing, meaning his request for bail on health grounds was not considered 

Published on Mar 19, 2021
Win Htein arrives for the opening ceremony of the second session of the Union Peace Conference in 2017 (EPA-EFE)

Detained National League for Democracy party stalwart Win Htein is to be tried by a special tribunal of two judges following an order from the military-controlled Supreme Court, his lawyer said on Friday. 

“It was just one judge before, and now there’s two,” Min Min Soe told Myanmar Now. 

“District judge Ye Lwin will serve as chair, and deputy district judge Soe Naing will be a member of the tribunal,” she added.

Win Htein faces up to a 20-year prison sentence for sedition under section 124a of the Penal Code.

His third hearing, scheduled for Friday, was postponed, with the court citing the internet shutdown as the reason because it made video conferencing impossible, Min Min Soe said.

“The arguments will be presented at the next hearing, we applied for bail but since they’re setting up a tribunal for the lawsuit, that will be discussed at the next hearing as well,” she said.

At the second hearing on March 5, Win Htein requested an independent judgement, a meeting with his lawyer, and bail due to his health issues, but the court said those requests would be heard on March 19.

Win Htein, 82, uses a wheelchair and suffers from breathing problems that means he often requires an oxygen tank. He also suffers from diabetes, high blood pressure, hypothyroidism and benign prostatic hyperplasia. 

Min Min Soe was allowed a brief call with her client on Friday to tell him that his hearing had been postponed until April 2.

Aye Lu, the chair of the Ottara district administration council in Naypyitaw, is the plaintiff in the lawsuit against Win Htein. Ottara district is where the NLD’s temporary headquarters are located. 

Aye Lu filed the charge on February 4 and Win Htein was arrested that evening at his home in Yangon. He has been kept in the Naypyitaw detention center and denied visits from his lawyers. 

He was detained after giving media interviews in the wake of the February 1 coup in which he said military chief Min Aung Hlaing had acted on personal ambition when seizing power. 

On Wednesday the military council announced that it was investigating Aung San Suu Kyi for corruption, on top of other charges announced since her arrest.

Many other NLD leaders, party members and MPs have been arrested or are the subject of warrants.

Kyi Toe, a senior figure in the NLD, was arrested on Thursday night in Hledan, Yangon.

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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The country’s military leaders have acted with impunity for decades, but now there is a mechanism to bring them to justice

Published on Mar 19, 2021
Nationwide protests against the coup have been responded with murders, torture and mass arrests by the military regime. (Myanmar Now)

On March 8, U Ko Ko Lay, a 62-year-old teacher, bled to death on a street in the Kachin state capital Myitkyina. He had been shot in the head while protesting the military coup of February 1. That same night, U Zaw Myat Lynn, an official from the National League for Democracy, was taken from his home in Shwepyithar on the outskirts of Yangon and tortured to death. The list keeps growing.

In the more than six weeks since Senior General Min Aung Hlaing seized power, images of soldiers and police officers shooting, beating, and arresting protesters have flooded social media and Myanmar and international news outlets. So far, the regime’s forces have killed well over 200 people (more than half of them in the past week) and seriously injured many more. The junta has also arrested nearly 2,200 people, some of whom, like U Zaw Myat Lynn, have died in custody.

Each day, Myanmar human rights organizations update lists with names, dates, locations, and causes of death. Around 600 police and a handful of soldiers have decided they do not want to be involved in such actions. They have left their posts and even joined the anti-coup movement.

Many soldiers, police officers, and commanding officers are acting with impunity now. But they can face prosecution, not only in Myanmar’s courts but also internationally. Like any country, Myanmar is subject to international law. Because of its history of atrocities, most recently against the Rohingya people, Myanmar is also already subject to special international legal proceedings that apply to the current situation.

The most relevant is the United Nations’ Independent Investigative Mechanism for Myanmar (IIMM). The IIMM was created in 2018 after the Myanmar military’s brutal campaign against the Rohingya people, but it applies to the whole country. Its mission is to investigate “international crimes” from 2011 to the present.

International crimes are generally defined as “widespread and systematic” in nature, involving many victims and locations. These include crimes against humanity, war crimes, and genocide.

In keeping with its mandate, the IIMM is collecting information on the current situation. In a statement released on February 11 (available in Myanmar here), it highlighted the “use of lethal force against peaceful protesters and the detention of political leaders, members of civil society and protesters.”

More recently, on March 17, the IIMM also called on recipients of illegal orders to share this evidence so that those ultimately responsible for these crimes can be held accountable.

"The persons most responsible for the most serious international crimes are usually those in high leadership positions. They are not the ones who physically perpetrate the crimes and often are not even present at the locations where the crimes are committed,” the head of the IIMM, Nicholas Koumjian, says in the statement (available in Myanmar here).

The crimes the IIMM investigates could be tried in Myanmar courts, courts in other countries, or international courts. International crimes are crimes that are so serious that they are considered to be against the international community, and are therefore not limited to courts in one country.

In other words, an international crime committed in Myanmar—for example, widespread and systematic attacks on civilians—can be tried in a court in another country or in an international court.

The Myanmar military is used to getting away with murder. Decades of well-documented killing, rape, and torture of civilians in ethnic minority areas have gone unpunished. No one has ever been tried for the killing of protesters during previous mass uprisings against military rule in 1988 and 2007.

But this time may be different. On March 4, the International Commission of Jurists said in a statement that “the killing of peaceful protesters by Myanmar’s security forces should be independently investigated as possible crimes against humanity.”

The IIMM is already set up and working. It provides a mechanism for just such an investigation. Those doing the shooting should be aware of this.

For further information:

The Independent Investigative Mechanism for Myanmar (IIMM) on Facebook

International Accountability Mechanisms for Myanmar (learning materials in English, Myanmar, and Karen)

Lin Htet is a pen name for a team of Myanmar and international writers

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A resident said armed forces used drones to monitor the crowd before opening fire on them

Published on Mar 19, 2021
Men carry a wounded protester in Aungban, Shan State, on the morning of March 19 (Supplied)

At least eight anti-coup protesters were killed in Aungban, southern Shan State, during an attack by the military junta on demonstrations on Friday morning, according to the Aungban Free Funeral Service Society.

Sixteen military trucks carrying more than 100 policemen and soldiers arrived at the protest site at around 9:00 a.m. and began shooting at protesters. Seven died at the scene, and another protester who had been shot in the neck was taken to Kalaw Hospital and died by 11:00 a.m.

All eight victims were men. 

The body of the man who died at the hospital was sent to his family’s home, but those who were killed at the protest site were taken away by the junta’s armed forces, a representative of the Free Funeral Service Society told Myanmar Now. 

Aungban resident Nay Lynn Tun told Myanmar Now that police and soldiers had destroyed the doors of nearby homes in order to arrest people, and that at least 10 people had been detained. 

“Initially, police arrived at the site. When the crowd surrounded the police, armed soldiers arrived at the site and began firing,” he told Myanmar Now. “In the coming days, if we cannot gather to protest, we will do it in our own residential areas.”

Since March 13, around 300 volunteer night guards have watched over these residential areas to protect locals from the dangers posed by the junta’s nighttime raids. These forces use drone cameras to monitor the activities of the night guards from 3:00 a.m. until 5:00 a.m. every day, Nay Lynn Tun said. 

He added that hours before Friday’s crackdown, military and police had also used drone cameras to monitor the gathering of protesters in Aungban.

Over the last week, at least 11 protesters have been arrested in Aungban. Only three-- the protesters who were minors-- were released.

South of Shan State, in the Kayah State capital of Loikaw, two pro-democracy protesters were also shot with live ammunition by the regime’s armed forces on Friday. One, 46-year-old Kyan Aung, was shot in the lower abdomen and died from his injuries. The other wounded protester was a nurse, according to eyewitnesses. 

According to a March 18 tally by the advocacy group Assistance Association for Political Prisoners, at least 224 people have been killed across the country by junta’s armed forces since the February 1 coup. Thousands more have been arrested. 

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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