Illustration: Liu Rui/GT
A court in Myitkyina, northern Myanmar's Kachin State, under The Public Property Protection Act, handed down heavy penalties to 155 Chinese nationals for illegal logging on July 22. Among them, 150 were sentenced to 20 years in prison, two minors to 10 years, and one person facing a drug charge to 35 years.
The loggers were brought to Myanmar after being illegally recruited by agents, companies or individuals from China or Myanmar. They deserve some sympathy after being thrown into jail. The Chinese government and media as well as the relatives of the loggers have paid high attention to the incident.
According to the Chinese foreign ministry, "the Chinese side has lodged multiple representations on different levels and through various channels, asking the Myanmar side to consider the actual conditions of those Chinese nationals, deal with this case in a lawful, reasonable and justified manner so as to conclude the case properly and return those people to China as soon as possible."
It's reported that Myanmar government forces, following air reconnaissance, arrested the loggers in Kachin State in early January. In fact, it is not the first time that Chinese have been arrested by Myanmar for illegal forestry activities. It is common to see Chinese laborers held in prisons in Lashio Bhamo, Myitkyina and Mandalay for illegal logging and mining. Charged with illegal immigration and residence, they received sentences for several years from Myanmar courts, and waited to be repatriated to China.
Admittedly, Myanmar has the right to deal with the illegal logging within its current legal framework. However, the punishment of 20 years in prison is too severe. The rights of the Chinese citizens should be protected. The Myanmar judiciary should respect the facts and deal with this case in a lawful, reasonable and justified manner.
Myanmar has banned the export of raw timber logs since April 1, 2014. Only timber products are allowed to be exported. However, the reality is that a large quantity of timber has been shipped to China via illegal channels. As early as in 2007, China, after talks with Myanmar, agreed to strengthen the supervision on the unlawful overseas logging and illegal timber imports. A license is required to import Myanmar timber products. Obtaining the certificate of approval is a must for companies. The companies will also have to provide the documents or contracts issued by the Myanmese government.
However, some armed ethnic groups in Myanmar, hoping to accumulate money and materials, are very willing to give businessmen the green light for logging and exporting. This has encouraged the illegal timber businesses on the border with China. Businessmen are caught in a dilemma. It is viewed by the Myanmese government as smuggling activity if they trade with the armed ethnic groups. However, even if they apply for government approval, the forest is still in the control of the rebels.
Dealing with illegal timber businesses requires cooperation between China and Myanmar. Both sides should achieve a mutually beneficial situation via lawful channels.
Both sides are willing to take action to strengthen the border supervision, jointly crack down on illegal timber businesses, build industrial parks for timber products, encourage the investment of Chinese companies in Myanmar, promote the integration of the mechanisms in authenticating the timber trade and encourage cooperation among forestry companies. These actions will create more jobs and benefit Myanmar both economically and environmentally.
Governments can encourage communication between the two countries' forestry associations and companies, in order to enhance mutual understanding and cooperation. Whether it's practical to build an industrial park for timber products is worth investigating. The governments can also encourage the responsible Chinese forestry companies to invest in Myanmar and play an active role in the projects on forestation and the timber production.
Both sides should explore building a negotiation mechanism to make forestry cooperation easier. China should translate some documents, including its current guidebook, which targets companies "going global," Myanmar regulations of the foreign companies' investments in forestry, as well as the whole procedure for foreign companies to carry out the projects on forestation and the timber production. The government should provide guidance for Chinese companies to do legal business in Myanmar.
The author is a professor at the School of International Studies at Yunnan University. opinion@globaltimes.com.cn