Owners set to sell their ‘ethical’ US brewery to beer giant accused of funding Rohingya genocide

Human rights activists call on ‘role model’ craft brewery to halt sale to Myanmar military’s business partner

Published on Dec 6, 2019
Photo : https://www.beveragedaily.com
Photo : https://www.beveragedaily.com

Saw Greh Moo was six years old when his family fled fighting in Karen state. Myanmar military soldiers burned his village, and his family hid in fear of their lives in the jungle near the Thai border for several years.

“They would shoot and kill anyone they saw in the border area,” he said.

He eventually made it to a refugee camp in Thailand - where his father killed himself - and then to the US after winning a scholarship to study in Canada.

He now lives in North Carolina with his wife, who is also from Karen.

“We are lucky,” he said. “We made it to America.”

His town of New Bern is home to some 1,000 Karen people, many of them refugees who are grateful to be out of reach of a military accused of horrific crimes.

 

 

But last week they heard news that jolted them: a popular local brewery is about to be bought out by a company accused of funding the Myanmar military’s abuses against ethnic minorities. “We are very concerned,” he told Myanmar Now.

‘Force for good’

 

 

The New Belgium Brewery insists it is not like other companies. Its owners, who are also its employees, are devoted to fighting social inequity and climate change, proving business can “be a force for good,” its website says.

Their CEO Kim Jordan was honoured among 30 “World-Changing Women in Conscious Business” last year. Employees even get free bicycles.

But those ethical credentials have not stopped them planning to sell their firm, which has breweries in Colorado and North Carolina, to a beer giant accused of funding genocide against the Rohingya in Myanmar.

United Nations experts in August named and shamed Japan’s Kirin for enriching the country’s military, which used the money to help fund a campaign of mass murder, rape and arson in Rakhine state in 2017, they said.

For Saw Greh Moo and others who have suffered at the hands of the Myanmar military, the pattern of violence is all too familiar. He and others are calling on New Belgium’s roughly 700 shareholder staff to halt the sale.

The employees are now voting on whether to sell their firm to Lion Little World Beverages, a subsidiary of Kirin. Voting is expected to close in the coming weeks.

Kirin’s partner, Myanmar Economic Holdings Limited (MEHL), is an opaque military-owned conglomerate run by top generals.

“If New Belgium employees vote to be part of Kirin, they will have as a business partner a military which rapes children and throws babies into burning homes,” said Mark Farmaner, director of the Burma Campaign UK pressure group.

Both the military and the government have forcefully rejected claims their soldiers committed widespread abuses against civilians. They argue that the campaign was a legitimate counterinsurgency operation.

Together with MEHL, Kirin produces about 80 percent of all beer sold in Myanmar.

The August report by a UN fact-finding mission urged all businesses to completely sever financial ties with Myanmar’s military, which uses its vast business network to fund its activities without civilian oversight.

Since the NLD government took power, the military’s official budget has been gradually reduced, leading it to increasingly depend on this network, it said.

Partnering with military-run firms helps top generals fund operations that amount to “the gravest crimes under international law,” the report said.

Khin Ohmar, a human rights activist who led student protests against Myanmar’s military dictatorship in the late 1980s, urged New Belgium to rethink the sale.

“In Myanmar, Kirin is complicit in genocide,” she told Myanmar Now.

“I want to appeal to New Belgium management and employees to stand for justice and human rights and refuse to join Kirin unless Kirin divests from the Myanmar military,” she added.

Khin Ohmar asked Jordan, the CEO, if she could fly to Colorado to give company leadership and staff a presentation on Kirin’s human rights record in Myanmar ahead of the vote, and said she would be happy to cover her own travel costs. Jordan declined the offer.

New Belgium is one of the world’s largest independent breweries and counts Fat Tire Ale and Voodoo Ranger IPA among its best known brands.

Its employees will receive a $100,000 bonus in their pension fund after the sale goes through, with some receiving even more, Jordan said in an open letter.

Kirin said it is committed to “identifying, preventing and mitigating” any damage its business does to human rights in Myanmar.

“We are aware especially of the UN fact-finding mission report released in August and take this matter very seriously,” Kirin spokesperson Toshiaki Hyoudou told Myanmar Now.

New Belgium says it has done its due diligence and stands by its would-be partner. “At Kirin, respect for human rights is fundamental to all of their business activities,” said Leah Pilcer, director of communications for New Belgium.

“There is no way to responsibly do business with the military conglomerates” in Myanmar, countered Paul Donowitz from Global Witness, an advocacy group.

Community brewery

New Belgium touts its close relationship with the communities where it does business as among its most important achievements. But there is no sign yet of them listening to the concerns of Myanmar refugees who call North Carolina home.

“We don’t want any entities – especially based in our state – getting involved with the Burmese military,” said Saw Greh Moo.

Joshua Martin, a resident from Asheville, the town where the North Carolina brewery is based, said he attended a community meeting about the sale where the company said two employees had raised concerns about Kirin’s human rights record.

Martin said the company representative failed to address the fact Kirin has a business partnership with the military.

Instead, they focused on a donation that Kirin made to the military at the height of the 2017 campaign against the Rohingya.

“But they did not seem to address the issue of the partnership with… the military,” he added.

Styrling Tangusso, another Asheville resident, is also troubled over the sale, especially since it comes as Myanmar prepares to defend against a charge of genocide at the International Court of Justice next week.

“I find it unsettling,” he said. “You read the local papers here and the national papers and it’s all positive. There’s no mention of Myanmar.”

Tangusso said he stopped by the brewery for a drink recently and spoke with a bartender who seemed indifferent about the issue.

“It was one last one, I guess. The last Fat Tire I can drink with a clear conscience,” he said.

Donations and boycotts

Several pressure groups, including the International Campaign for the Rohingya, have urged consumers to boycott Kirin.

“New Belgium could avoid being included in this boycott by making a condition of the acquisition that Kirin end its partnership with Burma’s military,” said Simon Billenness, the group’s executive director.

Kirin bought its majority stake in the military-owned brewery in 2015 for $560 million.

As well as calling on Kirin to end its joint venture with the military, the UN experts named it among dozens of firms it said should be criminally investigated for aiding and abetting crimes against humanity with donations to the military during the 2017 violence.

Kirin made three donations via its joint venture, Myanmar Brewery. The first was a cash gift of $6,000 at a ceremony presided over by the military commander-in-chief Min Aung Hlaing on 1 September 2017.

At the televised ceremony, held a week after soldiers began storming villages in Rakhine, Min Aung Hlaing praised the donors for their “nationalistic fervour”.

Amnesty International, prompted by the UN report, called on the Japanese government to investigate Kirin for criminal misconduct.

“The donations were made at a time when global media were awash with reports of the Myanmar security forces committing atrocities against Rohingya women, men and children, who were already fleeing by their tens of thousands into neighbouring Bangladesh,” the letter read.

Min Aung Hlaing is also the chairman of the MEHL Patron Group. Its vice chairman is deputy commander-in-chief Soe Win. The UN has also recommended both be prosecuted for genocide and both are barred from entering the US for their role in the 2017 violence.

Responding to Amnesty International, Kirin said its donations were intended for humanitarian relief efforts in Rakhine state but admitted they did not know where the money had ended up.

The company then launched new human rights and charitable giving policies and conducted a human rights impact assessment, it said.

But many human rights activists are unhappy with Kirin’s response, which never addressed the fact the beer giant has a joint venture with MEHL.

“The donations are tiny compared to the revenue that flows from their business operations,” Khin Ohmar said. “So changing their donation policy is not meaningful since the military and senior generals continue to receive substantial funds from their profit split with Kirin.”

(Editing by Joshua Carroll)

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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