Myanmar Brewery nets Kirin, MEHL $155.9 million amid ongoing human rights investigation

Despite military conglomerate’s 2016 transfer of most revenue from public to private hands, NLD government awards it ‘outstanding taxpayer’ prize

Published on Aug 11, 2020
Kirin is the majority owner of both the Myanmar Brewery and the Mandalay Brewery in joint ventures with the military-owned Myanma Economic Holdings Limited, together producing about 80% of the beer consumed in Myanmar. (Photo: Kirin)
Kirin is the majority owner of both the Myanmar Brewery and the Mandalay Brewery in joint ventures with the military-owned Myanma Economic Holdings Limited, together producing about 80% of the beer consumed in Myanmar. (Photo: Kirin)

Two months after the Japanese beer giant Kirin announced it was considering cutting ties with its military-conglomerate partner, a brewery the two jointly own announced $155.9m (212bn kyat) in second-quarter revenue. 

The military-owned Myanmar Economic Holdings Limited (MEHL) owns 49% of the Myanmar Brewery, maker of Myanmar Beer, and Kirin owns the remaining 51%. Together, the companies – which also jointly own Mandalay Brewery – produce about 80% of the beer sold in Myanmar. 

Earlier this year, Kirin announced it had hired independent investigators to determine if MEHL’s profits help fund what many have called grave human rights abuses by the Myanmar military.

A 2019 UN fact-finding mission on the military’s economic interests found that profits made by MEHL help fund what it labeled international war crimes and crimes against humanity committed by the military, possibly including genocide. The military denies these allegations. 

 

 

MEHL is headed by Tatmadaw commander-in-chief Min Aung Hlaing, who the UN mission recommended be tried for genocide for his leadership of what it called a campaign of mass murder, rape and arson against the Rohingya in Rakhine state in August 2017. 

Myanmar is currently being tried on charges of genocide brought by Gambia at the International Court of Justice over the campaign.

 

 

Kirin representatives declined to comment while the company’s investigation is ongoing, but said the Covid-19 pandemic has slowed the process down some. 

That didn’t stop its earnings report from prompting a new round of condemnation from human rights groups on Friday.

“August 25 will mark the third anniversary of the Myanmar military’s campaign of genocide against the Rohingya,” rights group Justice for Myanmar noted. It’s joint venture with Kirin “has enabled the military to continue to commit international human rights crimes against ethnic communities” throughout Myanmar, it added.

“These profits are paying for violations of international law,” said Mark Farmaner, director of Burma Campaign UK. 

Kirin has repeatedly said it takes the allegations from the UN mission – and human rights groups more generally – “very seriously,” and that it is committed to “identifying, preventing and mitigating” any human rights violations its businesses in Myanmar can.

Rights groups were again outraged on Monday when president U Win Myint awarded MEHL and the Myanmar Brewery with separate “outstanding taxpayer” awards. 

MEHL is a massive conglomerate that controls large sector’s of Myanmar’s economy, including precious stone mining, timber, imports and exports and tobacco. In 2016, immediately before the National League for Democracy (NLD) took power, it changed its shareholder structure to divert revenue from the national budget into private hands. 

Previously, shareholders were divided into two groups. Type A Shares were for the governmental defence ministry and type B for individual military units and organisations run by retired officers and servicemen and active and former military personnel. Weeks before the NLD government was inaugurated, MEHL converted all type A shares into type B – moving most of the company’s profits from the national budget into the pockets of individual military men, save for those it paid in taxes. 

“The military cartel’s tax contributions are insignificant compared to their massive profits and accumulated assets, stolen from the people of Myanmar,” Justice for Myanmar said in a Facebook post Tuesday, adding that the awards demonstrate “the monopolistic hold the military continues to have on the Myanmar economy, despite a near full-term of National League for Democracy-led government.” 

“The Myanmar military has used taxpaying as a way of legitimising their cartel, by claiming that they are contributing to the national economy, when in fact they are impoverishing the country,” it added.

Military and MEHL representatives could not be reached for comment. 

In June, after MEHL ignored document requests from a Kirin due diligence effort, the Japanese company hired financial consultancy Deloitte “to determine the destination of proceeds” from the Myanmar Brewery. 

It added that it was “exploring alternative structural options for the ownership of the Myanmar joint-ventures,” but representatives declined to provide further details on what that might mean. 

“The Deloitte investigation appears to be a desperate attempt by Kirin to find some technicality it can use to stay in business with the military,” Farmaner said Friday, after the earnings report was released.

Finding certain financial and stakeholder information on MEHL should not be as hard as it has been for active or potential partners and the media. As a public company with more than 100 shareholders, it is required under Myanmar’s Securities and Exchange Law to publish regular financial statements and information on its major shareholders to its website, but it has never done so.

Under the Myanmar Companies Law it must also file financial statements with the Directorate of Investment and Company Administration (DICA) – a filing that automatically puts those statements in the public domain, according to Vicky Bowman, director of the Myanmar Centre for Responsible Business (MCRB).

The company has filed regular statements to DICA but these documents still remain inaccessible to journalists and to the public. 

On June 3 the company filed a notice with DICA to alter its constitution. This filing is also supposed to be made public, though it has not been.

Danny Fenster is an editor at Myanmar Now. 

The offensives come in the wake of deadly crackdowns against anti-coup protesters in Myitkyina 

Published on Mar 18, 2021
A KIA soldier watches from an outpost in Kachin state in this undated file photo (Kachinwave) 

The Kachin Independence Army (KIA) launched attacks against police bases in the jade mining region of Hpakant on Thursday morning, a local resident told Myanmar Now. 

The attacks targeted police battalions where soldiers were stationed near Nam Maw village in the Seik Muu village tract.

“There are Myanmar police battalions around Nam Maw,” a resident said. At least three bases were attacked, he added. 

A 41-year-old civilian in Seik Muu village injured his left hand during the clash, the Kachin-based Myitkyina News Journal reported.

The KIA has launched several offensives against the coup regime’s forces recently. Fighting has also been reported in Mogaung and Injangyang this month. 

Some 200 people fled the Injangyang villages of Gway Htaung and Tan Baung Yan on Monday after the KIA launched an offensive against the military there. 

The offenses began in the wake of deadly crackdowns against anti-coup protesters in Myitkyina. The KIA has warned the junta not to harm anti-coup protesters. 

 

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 coup regime’s forces took the injured people away and locals do not know their whereabouts 

Published on Mar 18, 2021
Kalay residents move the body of a man who was shot dead on Wednesday (Supplied) 

Four young men were killed and five people were injured in the town of Kalay in Sagaing region on Wednesday as protesters continued their fight to topple the regime despite daily massacres across the country aimed at terrorizing them into submission. 

The Tahan Protest Group gathered in the town at around 10am and police and soldiers began shooting. One young man was shot dead on the spot as he tried to help people who were trapped amid gunfire, residents told Myanmar Now.   

The regime’s forces also shot at and chased fleeing protesters along roads and through narrow alleys, a resident said.

“The crowd of protesters dispersed but one person was shot dead while trying to rescue those trapped in the protest site,” the resident added. 

As the crowd dispersed, a man riding a motorcycle was shot outside a branch of KBZ Bank. “He also died,” the resident said. 

Despite the murders, protesters gathered again in the afternoon around 4pm. Police and soldiers started shooting again and killed two people. 

“They were shot dead while trying to set up barricades at the protest site. They were shot while trying to obstruct the army’s way as the army troops chased and shot the trapped protestors,” the resident said. 

The two who were killed in the morning were identified as Salai Kyong Lian Kye O, who was 25, and Kyin Khant Man, who was 27 and had three children. The identities of the other two have not yet been confirmed.

Five people were also injured and then taken away. Locals said they did not know where they had been taken.   

 

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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An ex-convict businessman says that he gave the State Counsellor more than $550,000 in cash when ‘there was no one around.’ 

Published on Mar 18, 2021
Maung Weik (first from left) is pictured near State Counsellor Aung San Suu Kyi at the opening ceremony of a government housing built by his Say Paing Company. (Maung Weik/ Facebook)

The military council announced on March 17 that it would attempt to charge State Counsellor Daw Aung San Suu Kyi, who has been detained since Myanmar’s February 1 coup, with corruption.

The junta’s move is linked to new allegations against Aung San Suu Kyi by businessman Maung Weik. The owner of the Say Paing construction and development company, Maung Weik was formerly imprisoned on drug charges and is known to have close relationships with members of the military’s inner circle.  

Military-run media aired a recorded statement made by Maung Weik alleging that he had given Aung San Suu Kyi more than US$550,000 in cash-filled envelopes on the four occasions he met her between 2018 and 2020. 

“There was no one around when I gave her the money,” he said in the video statement. 

Under Myanmar’s earlier military regime, Maung Weik maintained ties to several generals, including former intelligence chief Khin Nyunt.

He was sentenced to 15 years in prison on drug charges in 2008, but was released in 2014 while the country was led by the military-backed Union Solidarity and Development Party.  

Upon his release, Maung Weik founded Say Paing–a construction company–and ran various business ventures through his connections to military officials.  

Maung Weik’s wife is also the niece of military-appointed Vice President Myint Swe, who was also the former chief minister of Yangon under the former military administration. 

The coup council announced on March 11 that the now-ousted National League for Democracy’s (NLD) Yangon Region chief minister Phyo Min Thein had given Aung San Suu Kyi $600,000 and more than 11 kilograms of gold. The announcement provided no reason as to why the money and gold were allegedly given to the State Counsellor by the chief minister. 

A top NLD figure told Myanmar Now that the funds in question were donations to build a pagoda. 

“They’re trying to fabricate this and ruin [Aung San Suu Kyi’s] reputation, but the public already clearly knows it’s not true. There’s no need to say anything else,” the official said. 

The junta has also accused the Daw Khin Kyi Foundation and an affiliated project, the La Yaung Taw Academy, of losing public funds. The foundation was founded by Aung San Suu Kyi and named after her late mother. 

According to the military council, the land lease for the Daw Khin Kyi Foundation’s headquarters, located on Yangon’s University Avenue, is not commensurate with the market price for land in the area. It argues that the country had lost more than 1 billion kyat (more than $700,000) in public funds as a result.

The junta declared that from 2013 to 2021, more than $7.9 million in donations from foreign NGOs, INGOs, companies and individual international donors flowed into the foundation’s three foreign currency accounts.

Also under investigation by the junta is the La Yaung Taw Academy in Naypyitaw, which trains young people in environmental conservation and horticulture in association with the Daw Khin Kyi Foundation. The military said the rate at which the land for the project was purchased came at a discount of at least 18 billion kyat (more than $12.7 million), which was subsequently a loss to the state. 

It also reportedly included some plans—such as the construction of a museum—that used funds in a way that strayed from the project’s, and the Daw Khin Kyi Foundation’s, original aims.

“The construction of a building with finance from the foundation for the chair of the foundation has deviated from the foundation’s objective,” the March 17 announcement in the military-run newspaper said. 

Prior to the corruption allegations, the military council had hit Aung San Suu Kyi with four charges at the Zabuthiri Township court in Naypyitaw.

She has been accused of violating Section 505(b) of the Penal Code for incitement, which carries a sentence of two years in prison; Article 67 of the communications law for possession of unauthorized items; an import-export charge for owning walkie-talkie devices; and a charge under the Natural Disaster Management Law for not following Covid-19 measures during the 2020 election campaign period.

The military council has not allowed Aung San Suu Kyi to meet with her legal team. 

“I’ll most likely see her via video conferencing on March 24 for the next hearing,” lawyer Min Min Soe told Myanmar Now. 

The military council has only allowed lawyers Yu Ya Chit and Min Min Soe to take on Aung San Suu Kyi’s case, ignoring the requests of more established legal experts, including Khin Maung Zaw and Kyi Win, to be granted power of attorney.

 

 

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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