Swiss cement company backtracks on plans to sell to military cronies

The reversal comes after a German-language reporter's investigation into LafargeHolcim's liquidation plan 

Published on Jul 27, 2020
LafargeHolcim's Myanmar cement plant is located in the Thiliwa Special Economic Zone, just south of Yangon. (Photo / Lafarge Star Cement Facebook page)
LafargeHolcim's Myanmar cement plant is located in the Thiliwa Special Economic Zone, just south of Yangon. (Photo / Lafarge Star Cement Facebook page)

The world’s largest cement producer is liquidating its Myanmar assets and reversing its previously stated intention to sell to its military-linked partners, after reporting in the Swiss press shed light on the possible impact on human rights of the sale.

LafargeHolcim - the result of a 2015 merger between the French company Lafarge and the Swiss company Holcim - was already cited for its military ties in a 2019 UN fact-finding mission on the military’s economic interests.

In 2014, before the merger, Lafarge invested about $12m in a cement project in the Thiliwa Special Economic Zone, just south of Yangon.

In June, LafargeHolcim said it was selling its shares to companies owned by two of the project’s investors, Hla Myo and Ye Myint, according to reporting by journalist Konrad Staehelin in the German-language SonntagZeitung newspaper.

 

 

Both men are close allies and business partners of the military.

The Aung Myin Thu group, co-founded and owned by Hla Myo, transferred about $43,000 to the military in September 2017, at the height of its “clearance operations” against the Rohingya. The military is currently on trial for genocide at the International Court of Justice for that operation.

 

 

The M.Y. Holding company, owned by Ye Myint, already has a stake in the LafargeHolcim operation.

Ye Myint also runs a joint-venture cement factory with the military-owned Sinminn Cement company, of which he is a former director.

Sinminn is a subsidiary of Myanma Economic Holding Limited, the largest military-owned conglomerate in the country.

Profits from military-linked companies like these - and from the foreign companies that partner with them - directly contribute to the military’s crimes against humanity, including some of the “gravest crimes under international law,” the UN has said.

Staehelin, who has previously reported for Frontier Myanmar, wrote that the company likely knew about the potential problems with their partners but only pulled an “emergency brake” on the sale once the issue became public.

“Compared to the company’s intentions expressed in June for the sale, this is a 180-degree turn,” he wrote. “There is no other plausible explanation for this but that LafargeHolcim, confronted with SonntagZeitung’s reporting, switched course.”

LafargeHolcim told Myanmar Now it takes the allegations seriously and that it made its decision to sever ties with its partners in Myanmar long before any reporting was published.

“We already decided back in 2017 to exit our operations in Myanmar,” Eva Mairinger, head of media relations for LafargeHolcim, said. “It's important to note that this happened more than one year before the UN report was published in August 2019.”

She said the company had already ceased operations in Myanmar in 2018 and has been dormant since, with “no employees on the ground and no sale of any products.”

“We are now in the process of liquidating the dormant company and do not intend to sell anything,” she added.

The rights group Justice for Myanmar welcomed LafargeHolcim’s decision in a statement released Monday morning but called for “full transparency” throughout the liquidation process.

“By halting a planned sale to their business partners, who are members of the military cartel, LafargeHolcim is denying a future revenue stream to the Myanmar military, who are war criminals,” the group said.

“Construction is a major business for the Myanmar military,” spokesperson Yadanar Maung added. “Profits … enable them to commit grave human rights violations with impunity and support generals and their cronies.”

It is not the first time the cement giant has been accused of funding grave human rights violations. In 2013 and 2014, around the time Lafarge was investing in Thiliwa, it was also funnelling more than $5m to terrorists in Syria - including Al Qaeda affiliates and the Islamic State (IS) - to help it move employees and supplies and to secure raw materials as the war in that country intensified.

The company later admitted to “unacceptable errors committed in Syria.”

LafargeHolcim’s global annual sales amount to about $27bn.

“For LafargeHolcim, the liquidation of the Burma business means a write-down of a few million,” Staehelin wrote. “More serious is the fact that internal controls have failed again after the Syrian IS scandal.”

LafargeHolcim insists its human rights compliance procedures in fact led it to close shop in Myanmar three years ago.

The company “takes all necessary measures to ensure we operate according to the highest standards of governance and human rights around the world,” Mairinger said.

This article has been updated to reflect comments received from LafargeHolcim after publication.

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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