Rakhine development scheme with deep links to NLD raises transparency concerns

A company tied to ruling party MPs is still working to develop a resort area in southern Rakhine state, despite being dissolved last year

Published on Dec 22, 2020
Illustration: (Moe Htet Lyan / Myanmar Now)
Illustration: (Moe Htet Lyan / Myanmar Now)

A company with multiple ties to Myanmar’s ruling party is still actively engaged in efforts to develop beach resorts in southern Rakhine state, despite claims from members of its board of directors that it was dissolved last year. 

The Rakhine Coastline Development Public Company (RCDPC) officially ceased operations more than a year ago, but has since gone back into business, according to the records of the Directorate of Investment and Company Administration (DICA).

The company was chaired by Ye Min Oo, a rising star in the ruling National League for Democracy (NLD), until September 2019. DICA records show that it was reincorporated the following month and is now chaired by Ye Min Oo’s wife, Aye Nandar Sein, who has also replaced him at the head of a number of other companies that he has left since late last year. 

Ye Min Oo, who currently serves as Yangon region’s minister for planning and finance, was elected to public office for the first time last month, when he won a seat in the Yangon regional parliament. He is also the chair of the Naypyitaw Sibin Bank and deputy mayor of Naypyitaw. 

 

 

“Ye Min Oo has a strong interest in this project,” said RCDPC board member and NLD MP Ye Khaung Nyunt 

RCDPC, which was founded by Ye Min Oo in April 2018, also has links to three other NLD lawmakers. 

 

 

Its board of directors includes Ye Khaung Nyunt, the Pyithu Hluttaw MP for Gwa township in Rakhine state; Khin Moe Aye, the wife of Bo Bo Oo, the Pyithu Hluttaw MP for Sanchaung township in Yangon region; and Thin July Kyaw, the ex-wife of Phyo Zeyar Thaw, the Pyithu Hluttaw MP for Zabuthiri township in Naypyitaw.

Other board members include Amara Aung, the daughter of Hla Kyaing, the NLD chair for Yangon region; Myat Tun, a former assistant editor from the Democratic Voice of Burma (DVB); and Nyi Naing Aung, a former political prisoner who works for the Jasmine Palace Construction Group.

The company also has a close business associate of Ye Min Oo, Innovative Systems (InnoSys) owner Ni Lynn, as its managing director, according to DICA records.

Other board members include local businessmen Win Ko, Pyae Phyo Paing and Lin Htike from Gwa township in southern Rakhine state.

“If [the RCDPC] really gets off the ground, our party will get votes for the next five years,” said board member Khin Moe Aye, who is also the chair of the NLD's women's working committee in Yangon region 

RCDPC board member Ye Khaung Nyunt told Myanmar Now that the company was set up by Ye Min Oo to develop a hotel zone on the 36-acre Zee Gone ground near Kantharyar beach in Gwa township. Besides representing the township in the Pyithu Hluttaw, Ye Khaung Nyunt is also a member of its local NLD central executive committee.

“Ye Min Oo has a strong interest in this project. When he presented a proposal to the state government, they told him it would be possible if he set up a public company in collaboration with local people,” said Ye Khaung Nyunt. 

He added, however, that Ye Min Oo did not reapply to continue work on the project after he became the chair of the Naypyitaw Sibin Bank and the deputy mayor of Naypyitaw early last year. 

The situation has raised concerns about conflicts of interest, as MPs and their close associates, including spouses and other family members, engage in business activities that are subject to government oversight and which may benefit from political connections.

‘Are they honest in what they do?’

Khin Moe Aye, the wife of MP Bo Bo Oo and a director of the RCDPC, said that the company was set up soon after Nyi Pu, the Rakhine state chief minister, asked her husband for help finding entrepreneurs to undertake a development project in his state.

“Frankly speaking, I want to help Uncle Nyi. This state still hasn’t had much development. If they can show this project, it may encourage further development. And if it really gets off the ground, our party will get votes for the next five years,” said Khin Moe Aye, who is also the chair of the NLD's women's working committee in Yangon region.

“It’s not good because it makes NLD forces looks like a business group,” said an MP who spoke to Myanmar Now on condition of anonymity 

However, when Win Myint, the state’s minister for municipal affairs, and Kyaw Aye Thein, the minister for planning, finance, tax and economy, were asked if the RCDPC was established at the behest of the chief minister, they said they didn’t know the company.

One MP who is close to Nyi Pu said that Ye Min Oo had often offered to turn the Zee Gone ground into a resort area and fix up the Ngapali market, which had been neglected due to a lack of interest in investing in Rakhine state. However, Ye Min Oo was not able to follow through with his plans, he said, leaving the state in a difficult position.

The MP, who did not want to be identified by name, added that only Ye Min Oo had been considered for the resort scheme, because of his economic background. He also said that he would inform the party of fellow NLD members’ involvement in the project because he felt it hurt the party’s image.

“It’s not good because it makes NLD forces looks like a business group. Is it true that they are honest in what they do? It isn’t good for the public to hear about things like this,” the MP said.

Tangled ties

According to RCDPC board member Thin July Kyaw (the ex-wife of NLD Pyithu Hluttaw MP Phyo Zeyar Thaw), Ye Min Oo sought help setting up a public company that would create job opportunities for local people and offer shares at an affordable price. To get this venture started, she said, she brought in close friends as partners.

So far, she added, Ye Min Oo has not made any money off of the company, despite initial share prices being fixed at 1mn kyat ($742) apiece. (Once the company was up and running, she said, shares would be offered to local people for a few tens of thousands of kyat each.)

But that was before the board of directors dissolved the company, only to restart it in October 2019 with Ye Min Oo’s wife Aye Nandar Sein as the new chair.

Throughout his business career, Ye Min Oo has had a history of distancing himself from companies that he either started or has been closely associated with, even as he has maintained ties with them.

“The main thing is for the ruling party to figure out how to prevent conflicts of interest,” Ye Lin Myint, the national coordinator of the Myanmar Alliance for Transparency and Accountability 

In 2014, a year after he became a member of the NLD’s information committee, he resigned as managing director of Asia Green Development (AGD) Bank, owned by military crony Tay Za. Despite his departure from the bank, he remains close to Tay Za’s Htoo Group, a number of whose senior executives sit on the boards of companies founded by Ye Min Oo. 

It was also in 2014 that he started Grand National Capital (GNC), a company set up to serve as a subcontractor for Min Kyan Sit, a construction firm owned by Nandar Hla Myint, a senior member of the military-backed Union Solidarity and Development Party (USDP). This was after Min Kyan Sit had received a contract under the then USDP government to build the publicly-funded Aye Tharyar housing project in Shan state.

Despite receiving a 4bn-kyat loan from the Shan state government, however, Min Kyan Sit failed to complete the project. GNC later took over, but was also unable to finish the job. The company now owes Shan state 2.4bn-kyat ($1.78mn).

Nay Lin, the Shan state cabinet secretary, told Myanmar Now that Ye Min Oo personally attended a meeting called by the state government in April of this year to negotiate repayment of money borrowed in connection with the Aye Tharyar project. This is despite the fact that he resigned from GNC’s board of directors in September 2019—the same month he stepped down as chair of RCDPC. His wife, Aye Nandar Sein, currently serves as its managing director. 

During that meeting, the company agreed to repay its debt within 60 days. So far, however, it has yet to do so.

Conflict concerns

Despite his business troubles, Ye Min Oo has seen a steady rise in his political fortunes under the NLD. He has been a member of the party’s economic committee since 2016, and in June of this year he was appointed to serve as Yangon region’s minister for finance and planning. Now, after running as an NLD candidate in last month’s election, he is set to assume duties as an elected representative in the region’s legislature.

Transparency watchdogs say that Ye Min Oo’s demonstrated penchant for mixing business and political connections is rife with potential problems.

“Such cases need to be monitored and investigated by both the government and the Anti-Corruption Commission,” said political analyst Dr Yan Myo Thein 

Ye Lin Myint, the national coordinator of the Myanmar Alliance for Transparency and Accountability (MATA), said that international companies could play a role in pointing out how having a large number of ruling party MPs and other party members in a company could lead to conflicts of interest. 

“The main thing is for the ruling party to figure out how to prevent conflicts of interest. The principles and procedures must be transparent,” he told Myanmar Now.

NLD spokesperson Dr Myo Nyunt defended the right of party members and their families to set up companies and run businesses, but added that it would be illegal for them to take advantage of their political position when applying for projects.

“If you think you have special privileges, it is a conflict of interest,” he said, before adding that he thought it was “doubtful” that such situations would arise among party members.

Political analyst Dr Yan Myo Thein took a less trusting view, insisting that MPs involved in private business ventures should be subjected to careful scrutiny.

“Such cases need to be monitored and investigated by both the government and the Anti-Corruption Commission. If people close to the ruling party and the authorities set up companies and operate in an improper way, it means they are taking advantage of their positions,” he said.

In an interview with Myanmar Now earlier this year, Aung Kyi, the chair of the Anti-Corruption Commission, said that conflicts of interest do not constitute actual cases of corruption, but were a very serious problem because they could easily lead to abuses of power.

Myanmar Now contacted Ye Min Oo for comment, but did not receive a reply. 

Phyo Thiha Cho is Senior Reporter with 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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