BurmaNet News, November 16, 2007

Editor editor at burmanet.org
Fri Nov 16 15:58:25 EST 2007


November 16, 2007 Issue # 3344

INSIDE BURMA
DVB: Monk held after monastery raid
AP: UN human rights investigator receives evidence of Myanmar death toll
Mizzima: Six political prisoners, 75 others freed after UN rights expert
leaves Burma
AFP: Myanmar families search for missing loved ones
Irrawaddy: Dhamma VCDs by two well-known monks banned in Burma
Irrawaddy: Burmese journal suspended by authorities
DVB: May Day activists to appeal sentence
DVB/BBC: Burmese opposition radio reports shuffling of prisoners during UN
envoy's visit

BUSINESS / TRADE
AP: Gem dealers push to ban Myanmar rubies after bloody crackdown

ASEAN
Jakarta Post: Forty years of Asean -- what to do with Myanmar?
AFP: HRW urges ASEAN to impose sanctions on Myanmar

REGIONAL
AFP: China unwavering in support for Myanmar
Xinhua: Chinese gov't special envoy ends Myanmar visit

INTERNATIONAL
AP: US to discuss trade, Burma, with Asean in Singapore
Irrawaddy: China blocks UNSC presidential statement on Burma
Mizzima News: New Burma Action Committee taking action on behalf of
political prisoners

OPINION / OTHER
Bangkok Post: Will the generals dare release the Lady? - Larry Jagan
Asia Times: UN holds false hope for Myanmar - Bertil Lintner
Irrawaddy: Burma remains the bad boy in the Asean family [Editorial]

PRESS RELEASE
HRDP: Statement regarding the Human Rights Day

____________________________________
INSIDE BURMA

November 16, Democratic Voice of Burma
Monk held after monastery raid

A monk was beaten and taken from his monastery when government officials
and supporters raided a monastery in New Dagon township yesterday,
according to a local source.

Around 150 Union Solidarity and Development Association members, township
Peace and Development Council officials and police officers raided Aung
Dhamma Pala monastery in eastern New Dagon township, according to a local
source close to the monastery.

One monk, U Sanda Wara, was beaten up and taken from the monastery, which
was then ransacked by the officials.

They took U Sanda Wara, who is an ethnic Arakan, to Kaythara Rama
monastery in nearby Lay Daung Kan village.

On their arrival at this monastery, the monks there told the government
officials to release U Sanda Wara, who is responsible for looking after
700,000 kyat in funding for full moon day festivals.

But the officials would not release the monk, and instead left him at
Kaythara Rama monastery while they went back to collect the money, also
taking some other monastery property.

When they returned to Kaythara Rama monastery, they told the monk they had
only found 200,000 kyats inside, but the monk insisted there had been
700,000, and he accused USDA and government officials of stealing the
money.

Following this argument, the monk was taken away by the authorities.

His current whereabouts are unknown, and it is not clear if he has been
charged with any offence.

Thirty-nine local monasteries have been involved in an ongoing dispute
with the authorities over land ownership in the area.

The land on which the monasteries are built was sold to them by USDA
members, but the land did not actually belong to these members and was not
theirs to sell.

Despite the payments made by the monasteries to the USDA members for the
land before the monasteries were built, the government is now saying that
they must move from the land as it does not belong to them and they were
not entitled to build there.

____________________________________

November 16, Associated Press
UN human rights investigator receives evidence of Myanmar death toll -
Rungrawee C. Pinyorat

A U.N. human rights investigator said Friday that post-mortems and other
official information showed that at least 15 people died in Myanmar's
biggest city when the military crushed September's pro-democracy
demonstrations.

The U.N.'s Paulo Sergio Pinheiro told a news conference that the figure
was not necessarily complete and that he did not know how many other
people may have been killed in other parts of the country.

In Myanmar, a spokesman for detained opposition leader Aung San Suu Kyi's
National League for Democracy party said that the junta freed six
political prisoners Thursday, the same day Pinheiro completed his five-day
mission to the country.

One of the main purposes of Pinheiro's visit was to determine the number
of people killed and detained in the September crackdown.

Pinheiro said that he would give as complete an accounting as possible
only after drafting a formal report, and would present his findings to the
U.N. Human Rights Council in Geneva on Dec. 11.

It was the first trip the junta allowed the Brazilian professor to make to
the country in four years.

Myanmar's military government originally said 10 people were killed when
troops opened fire on crowds of peaceful protesters on Sept. 26-27.
Diplomats and dissidents, however, said the death toll was much higher.

Pinheiro said the authorities gave him post-mortem reports on 14 people
whose bodies had been sent from Yangon General Hospital to be cremated. He
said the 15th known fatality in the crackdown was Japanese journalist
Kenji Nagai, who was shot dead by security forces.

"This is just in Yangon," Pinheiro said. "The government has not told me
all the casualties in the country." He added that he would continue
seeking relevant information from other sources.

Pinheiro said the government told him it had detained almost 3,000 people
in connection with the crackdown, a figure previously announced. The
military says it has released most of them, but many prominent political
activists remain in custody.

"Of course, I am happy that large numbers of people have been released,
but I have my concerns about the situation of those who have not been
released," Pinheiro said in Yangon on Thursday.

Six political prisoners were freed Thursday by the authorities, said Nyan
Win, a spokesman for Suu Kyi's party. He said they included three party
members and two other dissidents, Thet Naung Soe and Tun Lin Kyaw, who had
staged solo protests in front of Yangon's City Hall.

The party said the authorities had freed more than 150 convicts from two
prisons, but the others were common criminals.

On Thursday, Pinheiro was allowed to meet with several prominent political
prisoners at Yangon's infamous Insein Prison. He described the facility,
which holds about 10,000 prisoners, as being "old and overcrowded." He
also said the prisoners there needed medical treatment.

Pinheiro said he had one-on-one meetings with five political prisoners.
They included labor activist Su Su Nway, arrested Tuesday as she tried to
place a leaflet near a Yangon hotel where Pinheiro was staying;
77-year-old journalist Win Tin, held since 1989; and members of the 88
Generation Students group, who have been especially active in nonviolent
anti-government protests in recent years. Pinheiro did not reveal details
of their conversations.

Pinheiro expressed particular sympathy for Win Tin, a top executive of Suu
Kyi's party who is believed to be the country's longest-serving political
prisoner. He described him as being in high spirits and said his health
was OK, though prison for a man of his age "is hell."

He said he would ask the authorities to provide Win Tin with paper and
pen, so he could write poetry.

Pinheiro recited a poem Win Tin wrote for him: "Will death be my release.
As long as democracy and human rights are not within reach. I decline my
release. I prepare to stay."

Pinheiro said had requested a meeting with Suu Kyi, who is under house
arrest, but it had not been granted by the government. He held out hope
that he could meet her on a future visit.

____________________________________

November 16, Mizzima News
Six political prisoners, 75 others freed after UN rights expert leaves
Burma - Ko Dee

In what seems to be a sign of slowly relenting to the onslaught of the
United Nations and the international community, the Burmese military junta
on Thursday released 75 detainees including six political activists. The
release comes in the wake of the departure of UN rights envoy Paulo Sergio
Pinheiro after a five-day probe into the junta's repressive handling of
the protests by monks and the people.

The six activists – Tun Lin Kyaw, Thet Naung, Phone Aung, Ma Yi Yi Win,
Thein Naing Oo, and a sixth who is still unidentified – were freed along
with 69 other detainees on Thursday afternoon, after the Human Rights
expert Paulo Sergio Pinheiro concluded his trip to Burma.

Tun Lin Kyaw, one of the activists freed from the notorious Insein prison
in Rangoon, told Mizzima, "We were released at about 11 a.m. Among those
freed were 60 men and 15 women including six of us, who are active
politically."

"The situation in the prison affected my health," added Tun Lin Kyaw, who
was arrested on September 17, 2007 for staging a solo protest in front of
the Rangoon City Hall. He was sentenced to seven years in prison. He was
afflicted with a lung disease in the prison confines.

Thein Naing Oo, a youth member of the National League for Democracy who
was among those freed on Thursday said that jail authorities in Insein
gave them unhygienic food and water. No proper medical attention was
provided causing the health of several prisoners to deteriorate.

"Half my body is paralyzed. Since the left side of my body was paralyzed,
I demanded treatment but it was denied to me. Because of lack of treatment
and proper care, my health worsened," said Thein Naing Oo.

Thein Naing Oo was arrested June 14, 2003 and sentenced to a seven year
prison term, for denouncing the brutal attack on Burmese democracy icon
Daw Aung San Suu Kyi's motorcade in Depayin town on May 30, 2007. And for
continuously sending appeal letters and trying to stage protests.

The activists released on Thursday were arrested in 2003 and 2004 and were
forced to sign a bond saying that they would not be involved in politics
in future, sources said. However, another activist, Kyaw Kyaw, who refused
to sign the pledge, was taken back to prison, the source, who is close to
the activists, said.

"I think I was freed because my health condition became critical and it
would be dangerous to continue to keep me in prison. It seems they did not
want to keep me in prison anymore because they feared I might die in
custody," added Tun Lin Kyaw.

Meanwhile, the UN rights expert, Pinheiro, on Thursday wound up his
five-day visit after meeting several junta officials and other
organisations, including the State Sangha Maha Nayaka Committee (the State
Governing Body of the Buddhist Clergy), the junta backed Union Solidarity
Development and Association (USDA) and also several monasteries including
Ngwe Kyar Yan and Kaba Aye.

The rights experts, who also visited Burma's notorious Insein prison and
other detention camps, however, did not make any statement on his
findings.

____________________________________

November 16, Agence France Presse
Myanmar families search for missing loved ones - Mony Chris

Myanmar's notorious Insein prison is a place few people visit voluntarily
but Maw Maw hoped she might find her nephew who disappeared during the
junta's crackdown on pro-democracy protests.

She was among a group who came to send parcels to relatives held in the
vast old British-built colonial prison outside Yangon.

Her nephew Ko Ko Zaw went missing nearly two months ago after coming to
Yangon to seek work to help his school teacher mother support their family
in central Myanmar, Maw Maw said.

Ko Ko Zaw, 25, and a friend were among crowds watching anti-government
protests near Sule Pagoda on September 26 when troops and police moved in,
and he has not been heard from since, his aunt said.

Maw Maw has spent the past seven weeks searching for him at police
stations and makeshift detention centres across the city where hundreds of
people were held after the crackdown.

Drawing a blank, she finally came to Insein prison, where she was given a
list of prisoners, with about 10 inmates on each page.

"I saw more than 10 pages including men, women as well as monks when I
tried to find my nephew's name on the list of prisoners," she told AFP.

She didn't find her nephew on the list and a police officer advised her to
just wait for him to come home.

"The officer said that my nephew will come back if he did not do anything
wrong," she said.

Though she did not dare complain, "I wanted to ask the police whether just
watching an event is a crime," said Maw Maw.

"We can't even look for the lost ones openly because we felt threatened
that the government would arrest us too while we are looking for Ko Ko
Zaw."

Thousands were detained over the nationwide protests which began in August
in response to a spike in fuel prices but swelled in the following weeks
into the biggest anti-government demonstrations the junta has faced since
1988.

Others went into hiding to avoid arrest.

The authorities said last week they had released all but 91 of the nearly
3,000 they said were detained in connection with the demonstrations.

Rights group Amnesty International however estimates 700 are still being
held and has called for the release of all political prisoners.

UN human rights envoy Paulo Sergio Pinheiro arrived in Myanmar on Sunday
on a mission to investigate the death toll and numbers detained in the
crackdown.

Relatives of detainees said his visit, which ended Thursday, had already
had an impact.

Since last week, before the envoy arrived, families were allowed to send
parcels of food, medicine, blankets and overcoats to inmates in Insein
prison.

One former inmate said dozens of detainees were transferred to the jail in
October.

"No one arrived in our cell in September but many including monks,
students and artists arrived in the first week of October," said the
former inmate, one of five leaders of 1988 pro-democracy protests who were
arrested in August for protesting against fuel price hikes.

When the five were released in early November, 79 people, including 21
monks, remained in the cells where he was held with other political
prisoners in Insein, he said.

"I expect there will be more releases after Pinheiro's visit," he added.

Ko Ko Zaw's mother came to Yangon in the last week of October hoping to
find her son.

"I got a shock when I saw Ko Ko Zaw's mother. She got really skinny as she
couldn't eat and sleep well since she heard no news about her son for
one-and-a-half months," said Maw Maw.

They received no help from state agencies in their search, she said.

Ko Ko Zaw's mother left a photo of her son and his personal data with the
International Committee of the Red Cross before returning to her home
town.

In a last hope, she wrote a letter to broadcast media, although she knew
she could be arrested for contacting non state-run media.

"We parents are so worried about our son who has been lost in Yangon since
September 26," she wrote.

Maw Maw said she too was concerned about his fate.

"I can't imagine how Ko Ko Zaw's mother feels. Even as his auntie I feel
so worried for him as we don't know what happened to him," said Maw Maw.

"Is he still alive or not or is he well? We desperately want to know where
he is."

____________________________________

November 16, Irrawaddy
Dhamma VCDs by two well-known monks banned in Burma

Dhamma VCDs by two of Burma’s respected senior monks, which are
interpreted as critical of the junta’s brutal crackdown on the monk-led
demonstrations, have been banned by authorities, according to Rangoon
sources.

The two monks, U Nyanithara and U Kawvida, are well-known for their Dhamma
talks [Buddhist teachings] to laypeople.

“Normally all Dhamma cassette tapes or VCDs are sold at shops across the
country," said a Rangoon resident. "But we cannot buy these recent VCDs
at shops because authorities banned them. But you know it's the IT age. So
the VCDs are copied and delivered person-to-person.”

One Rangoon resident told The Irrawaddy on Friday that U Kawvida called
the Burmese junta the second "Azartathet" [Azartathet is an infamous
villain who killed his father for power in Buddhist stories]. U Kawvida
is abbot at Mizzima Gon Yee Monastery in Rangoon.

The monks' dhamma talks, recorded on VCDs, are based on classic Buddhist
stories, but the meaning of the words are interpreted by laypeople as
critical of Snr-Gen Than Shwe and the junta, in part because the talks
were given shortly after the country-wide protest demonstrations.

U Kawvida, a Buddhist PhD scholar, said in his VCD that the worst disease
is hunger, and if people are poor and hungry, it is a universal truth that
they will explore. According to one layperson who saw the VCD, the story
was saying that if a government causes people to be poor and hungry, it is
natural for people to protest and demonstrate. His most recent Dhamma
talks were in Rangoon and Magway.

Another senior monk, U Nyanithara , also known as Thitagu Sayardaw, spoke
before laypeople in Myingyan in central Burma. In his VCD, titled “The Way
of Dumb People,” he criticized people who are guided by numerology and
astrology. One layperson said the story was critical of Snr-Gen Than Shwe,
who is famous for basing important decisions on his astrologer's advice. A
second VCD is titled "The Ending of the King."

U Nyanithara openly talked about democracy in many Dhamma talks following
the 1988 uprising, and his democracy dhamma tapes were popular among
Burmese. He is active in humanitarian work and well-known for his water
supply projects, known as Thitagu Water Donations. He has helped establish
Buddhist groups in the US, Canada, Australia and in Europe.

____________________________________

November 16, Irrawaddy
Burmese journal suspended by authorities - Wai Moe

A Burmese journal was suspended this week by the Burmese authorities over
its editor’s personal conflict with a pro-junta journalist, according to
sources in Rangoon.

The Middle Line Journal was told by the board of censors that the journal
must cease publication for the time being, a Rangoon-based journalist told
The Irrawaddy on Friday.

“There was a conflict between the Middle Line’s editor, Oo Swe, and the
pro-junta editor of Snap Shot Journal, Myat Khine. Oo Swe claimed that
other journals could not reprint photos which had been used in the Snap
Shot Journal,” said the journalist. “Oo Swe told the board of censors
that giving special favors to some journalists was a double standard.”

Myat Khine is said to be close to the ruling generals, particularly
Minister of Information Kyaw Hsan. Myat Khine apparently advises the
authorities on who are anti-junta journalists. He also writes pro-military
government articles in his media and acts as a government mouthpiece,
according to the journalist.

After the conflict with the editor of the Middle Line Journal, the board
of censors placed his name on the black list within Burma’s press. The
board of censors also called on the journal to have Oo Swe removed from
his role as editor.

“So the journal took his name out of the publication. However, later the
board of censors claimed that Oo Swe still steered the journal. They
ordered the journal to cease its publication,” said the journalist.

On November 7, the Burmese board of censors warned journals and magazines
against placing news articles and photographs without permission of the
board, said sources.

Burma is well-known as a police state. There is no freedom of expression
in the country and the press is tightly controlled by the government. The
heads of the board of censors have reportedly all been military officers
since 1988. All private media are required to produce samples of their
publication to the board of censors before going to press.

____________________________________

November 16, Democratic Voice of Burma
May Day activists to appeal sentence

Six activists given long-term prison sentences for attending May Day
celebrations at the American Centre in Rangoon are to appeal their
sentence, their lawyer said yesterday.

The six men, Thurein Aung, Wai Linn, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Min and
Myo Min, were each sentenced to between 20 and 28 years’ imprisonment in
early September on charges of discrediting the government, violating
immigration laws and engaging with unlawful organisations.

All six were sentenced to 20 years under section 124 (a) of the penal code
on sedition, while Thurein Aung, Wai Linn, Kyaw Min and Myo Min were given
an additional five-year sentence under section 17 (1) of the Unlawful
Associations Act and a further three years for immigration offences.

Aung Thein, the group’s lawyer, said that they would challenge the sentences.

"We have submitted an appeal for Ko Thurein Aung and his colleagues'
sentence to [Rangoon] divisional court,” Aung Thein said.

“We are not sure if they are going to agree to hear the appeal – in fact,
we are even expecting them to find some grounds to reject it. But we will
take this case higher to the central court if they reject it."

____________________________________

November 16, Democratic Voice of Burma via BBC Monitoring
Burmese opposition radio reports shuffling of prisoners during UN envoy's
visit

Excerpt from report by Norway-based Burmese Democratic Voice of Burma
website on 15 November

About 140 long-term convicts in Tharawaddy Prison, Pegu Division, were
released on verbal orders this morning, according to sources close to the
prison. None of the freed convicts were political prisoners.

Among those released at around 10 this morning were about 40 female and
100 male prisoners who had been imprisoned on narcotics charges.

The released were photographed and documented before they were freed.

The convicts were also temporarily detained just after they were freed
from the prison.

About 50 prisoners who have been imprisoned on political charges and whose
cases do not involve firearms were also photographed and documented,
according to the sources.

The release of the prisoners coincides with the visit of UN Special
Rapporteur for Human Rights Mr Pinheiro.

Meanwhile, family members of some former Customs officials who are being
imprisoned in Insein Prison said their relatives were transferred to
Mergui Prison in Tenasserim Division just before Mr Pinheiro visited the
former prison.

Dear listeners, although six political prisoners were among those released
today, a youth wing member of the National League for Democracy (NLD) was
also sentenced to a two-year prison term today.

Ko Nyunt Aung, member of the NLD Youth Wing in Monywa Township, Sagaing
Division, was jailed for two years in Shwebo Prison, according to his
relatives.

Ko Nyunt Aung was on his way to attend the ceremony marking the founding
anniversary of the NLD headquarters in Rangoon on 22 September when he was
arrested at the Hlegado checkpoint near Sagaing.

After the arrest, he disappeared for two months and his family could not
find out where he was. Family members found out only yesterday that he was
being jailed in Shwebo Prison and they visited him there. [passage
omitted]

____________________________________
BUSINESS / TRADE

November 16, Associated Press
Gem dealers push to ban Myanmar rubies after bloody crackdown - Mick Elmore

The rich red hue of Myanmar's prized rubies is a reminder to many gem
dealers of the military government's bloody crackdown on democracy
advocates, and talk of a boycott is increasing.

"There is a growing awareness that it is a fascist regime," said Brian
Leber, a third generation American gem dealer.

"Considering what this regime has done to its own people, we're troubled
to see that a precious stone is offering such a great source of cash for
them," he said in a telephone interview from the Chicago suburb of Western
Springs, Ill.

"Trade in these stones supports human rights abuses," New York-based Human
Rights Watch said in a statement this week. "The sale of these gems gives
Burma's military rulers quick cash to stay in power." Myanmar is also
called Burma.

But a successful boycott of what activists call "blood rubies" will prove
difficult. More than 1,500 people from more than 20 countries registered
for a gems auction that opened Wednesday, despite the boycott calls. While
some rubies are exported legally, many also are smuggled out of Myanmar.

The ruby trade puts money in the junta's pocket, since it controls mining
concessions, but the scale of the profit is hard to assess. Secrecy
shrouds both the gem trade and the country as a whole.

In 1964, Myanmar introduced an annual gem auction, and starting in 1992
the sale was held twice a year. In more recent times, a special third
auction has been held each year.

The government has taken other steps to increase earnings, including an
effort to cut smuggling. The country's New Gemstone Law, enacted in 1995,
allows people in Myanmar to mine, produce, transport and sell finished
gems and jewelry at home and abroad as long as they pay tax, which
smugglers don't.

Most rubies are trafficked as rough stones. They are dug out of
mountainsides in the Mogok and Mong Hsu areas of northeast Myanmar. From
there, they are carried on a long, perilous journey over mountains,
through jungles and insurgent-prone areas, changing hands several times on
their way to Thailand.

There, the rough stones are heat-treated with chemicals at high
temperature for long periods to bring out the brilliant color and clear
away small cracks.

Once cooked, cut and polished, the gems are sold to foreign wholesalers,
who distribute them to jewelers around the world.

The biggest determiner of the final price is the success of the heat
enhancement. If done improperly, the process can split a stone and make it
almost worthless; done right, a ruby can become more expensive per carat
than a diamond.

The best large stones fetch millions of dollars. The Christie's auction
house, on its Web site, lists a ring set with an 8.62 carat ruby which
sold for $3.6 million a record per carat price of $425,000 in February
2006.

The vast majority, however, are stones of up to 2 carats which miners in
Myanmar sell for just a few dollars. They end up in jewelry shops with
price tags ranging from a few hundred to several thousand dollars.

The smuggling bypasses the state-owned Myanmar Gem Enterprise that
oversees the industry and runs the gem auctions in the city of Yangon.

The Myanmar Gem Enterprise said it generated sales of nearly $300 million
in fiscal year 2006-2007, according to Human Rights Watch.

The agency did not respond to questions from The Associated Press sent by
e-mail.

Dealers in Bangkok estimate the generals earn at least $60 million
annually from gems, but some say the amount could be as high as 10 times
that.

Whatever the figure, a growing number of dealers want to deny the junta
any windfall from rubies.

But imposing sanctions will be fraught with problems, particularly since
as many as 90 percent of the world's rubies come from Myanmar. Most go to
the United States, Europe and Japan. Myanmar also exports jade, sapphires
and pearls.

The industry would almost have to ban the trade in rubies altogether for
the embargo to work, said P.J. Joseph, a teacher at the Asia Institute of
Gemological Sciences, a school and lab in Bangkok.

"Things are stacked against the embargo working. The generals are pretty
used to divide and rule, and it will be difficult to get all countries
involved. China, India and Southeast Asia are the key," he said, adding
that these would probably not join.

Arnold Silverberg, who owns AJS Gems in Bangkok, said an embargo hurts all
the mom and pop businesses in the industry.

"The amount of money the generals get from gems is minuscule compared to
the money they get elsewhere. The generals don't give a damn, they have
all the money in the world," he said.

Silverberg said those pushing the boycott "are just trying to make
themselves feel good. But we're starving the people, not the generals. I
feel bad for the Burmese people."

Jewelers of America supports the ban of Myanmar rubies, advising its more
than 11,000 members to "to source their gemstones in a manner that
respects human rights," the group's president, Matthew A. Runci, said in a
statement released last month.

Sanctions didn't work well before.

American companies stopped buying rubies in 2003, when the United States
banned imports of all Myanmar products under a law enacted in reaction to
the ruling generals' human rights abuses.

The following year the U.S. Customs Department created a loophole,
exempting gems cut or polished in other countries from the ban. More than
90 percent of Myanmar's gems are exported in rough form.

Most colored stones from Myanmar are cut and polished in Chanthaburi,
Thailand, a global gem center. Often those that arrive cut and polished
are done over because the skill level in Myanmar is inferior to Thai
workmanship, dealers in the southeast Thai town say.

But even during the total ban on Myanmar gems, many passed under the radar
by being sold as coming from Vietnam or Sri Lanka. When the loophole was
introduced they started being Myanmar rubies again.

Despite such problems, Leber, the Illinois dealer, disagrees with the
boycott opponents. "It's not a question if it's going to be effective. It
just feels wrong to sell rubies from Burma."

____________________________________
ASEAN

November 16, Jakarta Post
Forty years of Asean -- what to do with Myanmar? - C.P.F. Luhulima

The Association of Southeast Asian Nations was established in 1967 when
its member states recognized their apparent inability to resolve disputes
bilaterally, to address the need for a political-cum-security framework
for conflict management and resolution

Since its establishment, ASEAN member countries have indeed substantiated
that they are capable of co-existing in peace and harmony

While some regional disputes and differences have not been resolved, ASEAN
countries have learned to diffuse or abate their conflicts and not to
exploit the association for their own interests

The existence of ASEAN thus serves to guarantee security for peaceful and
harmonious bilateral relations, and as a corollary for long-term economic,
social and cultural development

It has become increasingly difficult to visualize open conflicts between
two or more ASEAN member states. Sub-regional relations have developed an
ASEAN spirit, which strongly supports ASEAN regionalism

Despite the legal character of the Treaty of Amity and Cooperation (TAC)
in Southeast Asia, ASEAN prefers an informal approach to resolve
conflicts, placing an emphasis on relationships rather than formal
structures

There is a general distrust of the structured legalistic approach to
conflict resolution, which lacks sufficient consideration of situations
and/or the emotional state of conflicting parties. But can the aversion to
this approach be sustained in the 21st century, which will be complicated
with the deluge of globalization, fierce competition, the
multilateralization of security approaches and the multidimensionalization
of threats to security? The globalization process and the financial crisis
inundating the region have forced ASEAN members to get over this aversion,
to produce a charter and add supplementary values to the ASEAN agenda of
peace and stability: "the active strengthening of democratic values, good
governance, rejection of unconstitutional and undemocratic changes of
government, the rule of law including international humanitarian law, and
respect for human rights and fundamental freedoms". ASEAN will also need
to adjust its policy of non-intervention in keeping with these new values

The new values have simultaneously shifted ASEAN's approach to
cooperation: The process of "lowest-common-denominator-seeking", the
approach employed since ASEAN's establishment, has given way to a "target
setting" method

First with the ASEAN Free Trade Area, in 1992, the approach was again seen
in ASEAN Vision 2020, in 1998, and the ASEAN Community in 2015, in January
2007. As a consequence, Myanmar and Thailand have been targeted in ASEAN's
preoccupation with the new values of democracy, denunciation of
unconstitutional and undemocratic changes in government

Other aspects include its approach to human rights and fundamental
freedoms, which have been addressed, not by "lowest-common-denominator-
seeking", but, by heading straight to the calibration of democratic and
human rights performance based on regional criteria

Thailand, a founding member of ASEAN, knows full well what is expected and
is adapting to these values, which were agreed to on joining the
association. Myanmar, however, has found it difficult to adapt to ASEAN
principles, as regime security is still a top priority for its leaders

ASEAN has rebuffed wide-reaching calls for sanctions on Myanmar or
suspension of its membership on account of the recent crackdown on
demonstrations. Singapore's foreign minister, George Yeo, recently said
ASEAN would like Myanmar to remain part of ASEAN and attend the 13th
Summit in Singapore

He argued that ostracizing Myanmar could result in it being "balkanised"
by big powers in the region. The Jakarta Post (Oct. 25), in its editorial,
exasperatingly argued President Susilo Bambang Yudhoyono "will probably be
the one to raise the hand of Myanmar's self- appointed leader in a
demonstration of regional unity"

But Indonesia's foreign minister Hassan Wirayuda said, at the Chicago
Council of Global Affairs (Oct. 2), the Myanmar junta must be given the
opportunity to share its power with a civilian government in a transition
towards a democratic government

Myanmar needs a transition from its military government to a democratic
government. "We cannot demand a drastic change of government from the
current military to civilian one. It has to be done through a joint
civilian-military government. The world will need to approach the Myanmar
problem more evenly," he said

This is Hassan's way out, since the harsh Western and soft ASEAN
approaches have not produced any results so far. Hassan's proposal looks
likely to be the path Myanmar will take with most success, since leaders
of both the State Peace and Development Council (SPDC), those who wield
power in Myanmar under Senior General Tan Shwe, and the National League
for Democracy (NLD) under the leadership of Aung San Suu Kyi, have held
their positions for far longer than a normal term

Tan Shwe is in his 70s and Suu Kyi in her 60s, and, in the same regard,
they both should overcome the trepidation which the latter articulated in
her "Freedom From Fear" speech: "It is not power that corrupts, but fear.
Fear of losing power corrupts those who wield it, and fear of the scourge
of power corrupts those who are subject to it"

Both leaders must consider the nation, and work to devise ways of
resolving the predicament facing Myanmar and the establishment of a
democratic system which acknowledges human rights. This is their duty to
the next generation of Myanmar's leaders

Indonesia, in particular, should continue approaching both parties to
change their strategies and work toward democracy in Myanmar, which is
already in their political programs

Indonesia should, on behalf of ASEAN, invite both the SPDC and NLD to the
forum. It would be a good opportunity to listen to what they have to say,
and talk face-to-face with the ASEAN family message of peace and harmony,
in solving their domestic affairs for the good of ASEAN. This is the best
ASEAN could do at this point in time

ASEAN, however, will have great difficulty setting a target date for
Myanmar's democratization process, but democracy should be determined as
the lowest common denominator in this exercise

The writer is a senior fellow at the Center for Strategic and
International Studies (CSIS), and the Center for East Asian Cooperation
Studies (CEACS)

____________________________________

November 16, Agence France Presse
HRW urges ASEAN to impose sanctions on Myanmar

Human Rights Watch on Friday called on Southeast Asian leaders to impose
an arms embargo and other targeted sanctions on Myanmar's junta over its
suppression of pro-democracy protests in September.

The New York-based group also expressed concern that a landmark charter
due to be signed by the Association of Southeast Asian Nations (ASEAN) at
its summit in Singapore next week lacks a clear mechanism to take action
against member states.

ASEAN should "convey a strong message to the Burmese junta" by asking it
to release all political prisoners, account for the "disappeared" and
embark on serious talks to bring about democracy, the group said.

In a letter to ASEAN secretary general Ong Keng Yong, HRW's Asia director
Brad Adams said the 10-member bloc "should take firm action to encourage
needed reforms in Burma and improve human rights protection."

Such action should include an arms embargo and targeted sanctions that ban
new investment, prohibit the importation of gems and timber from Myanmar
and bar business ties to the military regime, the letter said.

ASEAN has repeatedly insisted that its policy of non-interference in the
internal affairs of member states is the right one, and that engaging the
junta, rather than punishing it, is the only viable way to bring about
change.

But after Myanmar's crackdown on protests led by Buddhist monks, ASEAN
issued a rare rebuke to Myanmar's rulers, expressing "revulsion" and
demanding that the government immediately stop the use of violence against
protesters.

The 40-year-old bloc's proposed charter seeks to promote human rights and
democracy, for the first time codifying basic principles and
organisational rules.

"We welcome this vision, yet are concerned that there is no clear
mechanism to take action against states, such as Burma, that simply ignore
the charter's human rights provisions," Adams said.

"The charter lacks any procedures to implement its principles and contains
weak compliance provisions."

While the charter calls for establishment of an ASEAN human rights body,
Human Rights Watch expressed concern that defining the terms of reference
for that body could drag on for years.

"The ASEAN charter sets out the principles. What is needed is fast action
to create a mechanism to turn these principles into reality for ASEAN's
people," Adams wrote.

____________________________________
REGIONAL

November 16, Agence France Presse
China unwavering in support for Myanmar - Robert J. Saiget

Booming China needs energy and that means it needs Myanmar, observers say
-- a lucky break for the ruling generals, who have been able to ignore
global outrage thanks to staunch support from Beijing.

As the international community lined up to denounce the junta for its
bloody crackdown on pro-democracy protests led by Buddhist monks two
months ago, China supported a UN statement of condemnation but took no
tougher action.

Beijing has stuck to its policy of non-interference in Myanmar's affairs,
repeatedly calling for stability followed by democratic progress, and
insists that international sanctions against the regime are not the
answer.

That is the message Chinese Premier Wen Jiabao will deliver to Southeast
Asian leaders next week at their summit in Singapore, a meeting expected
to focus on the situation in the former Burma.

But observers say that China's call for democratic change is compromised
by its significant investments in resource-rich Myanmar's energy reserves
-- and its desire to keep rival India from gaining better access to them.

Another key reason for China's unwillingness to talk tough is that the
communist rulers in Beijing would not like to see a democratic uprising or
political chaos in a neighbouring country.

"I don't think there is any change in substantive issues in the Chinese
stand on Burma," R. Hariharan, a Myanmar expert at the Chennai Centre for
Chinese Studies in India, told AFP.

"With the junta playing up the energy issue in developing closer relations
with India, China appears to have renewed their courting of the regime,
paying uneconomic prices for gas exploration to successfully outbid
India," he said.

"The energy business is almost fully in Chinese pockets."

Beijing invests heavily in the development of Myanmar's energy and natural
gas sectors -- resources it needs to fuel its juggernaut economy -- and is
a major supplier of weapons to the impoverished military-run nation.

Bilateral trade climbed nearly 50 percent in the first eight months of the
year to be worth 1.08 billion dollars, according to official Chinese data.

Beijing views Myanmar as strategically important, as it is a gateway to
the Indian Ocean.

It also needs the military regime's help to stamp out the drugs trade
across their shared 2,100-kilometre (1,300-mile) border, Hariharan noted.

"China's position has changed a little bit, but not much -- it is asking
for democratic change in Burma and wants dialogue between the junta and
the opposition," said Min Win, a lecturer at Chiang Mai University in
Thailand.

"But China doesn't want change, in the sense it does not want to see
outside pressure on Burma or the military. China fears that if a new
government is formed in Burma, it will lose its influence to the West."

Ahead of Wen's trip to Singapore, during which he will meet with ASEAN
leaders and counterparts from other Asian powers, assistant foreign
minister He Yafei said stability in Myanmar remained China's primary
concern.

"We have repeatedly said that we will help Myanmar achieve stability,
democracy and development," He told journalists.

"Our primary goal is to see stability in Myanmar -- we can never allow
chaos in Myanmar. We cannot allow Myanmar to turn into another Iraq. No
matter what other countries think, China's position on this is very firm."

Next week's ASEAN summit will be followed by the East Asia Summit, where
Southeast Asian leaders will be joined by their counterparts from
Australia, China, India, Japan, New Zealand and South Korea.

Any statement on Myanmar from that meeting is seen as carrying additional
weight, given China and India's involvement.

UN envoy Ibrahim Gambari has described China's role during the crisis as
"helpful".

The Chinese minister said the recent meeting between detained opposition
leader Aung Sang Suu Kyi and the junta's liaison showed that Myanmar was
moving in the right direction following September's violence, and becoming
more stable.

"The international community should be encouraged by this," He said.

____________________________________

November 16, Xinhua Economic News Service
Chinese gov't special envoy ends Myanmar visit

Chinese government's special envoy, Vice Minister of Foreign Affairs Wang
Yi ended his three-day visit to Myanmar Friday.

During his visit, Wang called on Myanmar top leader Senior- General Than
Shwe, Chairman of the State Peace and Development Council (SPDC), in the
new capital of Nay Pyi Taw Thursday.

Earlier in the day, Wang had a separate meeting with the Spokes
Authoritative Team of the SPDC which comprises three Myanmar ministers --
Information Minister Brigadier-General Kyaw Hsan, Foreign Minister U Nyan
Win and Labor Minister U Aung Kyi.

The two sides had a frank and in-depth exchange of views on issues of
common interest, speaking highly of the progress of the mutually
beneficial cooperation in the political, economic, cultural and other
areas in recent years.

Both sides expressed their willingness to make joint efforts in developing
Sino-Myanmar traditional "paukphaw (fraternal)" friendship, deepening
mutually beneficial cooperation and advancing bilateral ties for the
benefit of the two peoples.

The Myanmar side reiterated that it firmly pursue the one China policy,
regards Taiwan as an inalienable part of China and opposes all separatists
activities for "Taiwan independence".

The Myanmar side briefed the special envoy on its domestic situation and
reaffirmed that they will, according to the will of the Myanmar people as
a whole, take positive and pragmatic measures to accelerate the
"Seven-Step Roadmap".

At the same time they assured the Chinese side that they will continue to
make every effort for the maintenance of stability, economic development,
advancement of democracy and the improvement of the people's livelihood.

The Chinese side on its part, reaffirmed its position on Myanmar, saying
that China supports the efforts made by the Myanmar government and people
to achieve political reconciliation and improve their people's livelihood.

The Chinese side hoped that Myanmar will be able to resolve the pending
issues through consultations so as to speed up the democratization
process.

Meanwhile, China will continue to support the mediation efforts of United
Nations Secretary-General and his Special Adviser, and hopes that the
international community will provide positive and constructive assistance
to Myanmar in accordance with the norms of international relations.

The Chinese side said that it sincerely hopes that political stability,
economic development and lasting tranquility would be achieved in Myanmar
at an early date.

Wang Yi, dispatched by the Chinese government as a special envoy, arrived
here Wednesday.

____________________________________
INTERNATIONAL

November 16, Associated Press
US to discuss trade, Burma, with Asean in Singapore - Gillian Wong

A US envoy will discuss trade issues with Southeast Asian economic
ministers gathering in Singapore next week, and also urge the region to
pressure military-ruled Burma toward democracy, the US Embassy said
Friday.

Activists wearing masks depicting Asean leaders protest outside the
Singapore embassy in Bangkok November 16. Activists in both Thailand and
the Philippines staged protests in front of the Singaporean embassies on
Friday to urge Asean leaders to play a tougher role against Burma's junta.
[Photo: Reuters]

US Trade Representative Susan Schwab arrives in Singapore Sunday for a
two-day visit to meet with economic ministers from the Association of
Southeast Asian Nations, or Asean, a regional grouping starting its annual
summit Monday in Singapore.

"Asean countries together are our fifth largest trading partner, and
Southeast Asia is one of the most rapidly growing, economically vibrant
regions in the world," Schwab was quoted as saying in a statement issued
by the US Embassy in the city-state.

Schwab will discuss the progress made on an expanded trade and investment
pact between Asean and the US, the region's No. 1 trading partner, since
its signing in August last year, the statement said.

The Trade and Investment Framework Agreement, or TIFA, is a nonbinding
pact between the 10-member Asean and Washington to enhance cooperation.
Initial programs outlined include support by Washington on a project to
harmonize procedures and create a common custom system for the trade of
goods within the region and between the region and the US.

The TIFA also addresses pharmaceutical regulations and sanitary issues in
specific agricultural goods, a key sector for both sides.

While in Singapore, Schwab will urge key players in the region to step up
pressure on Burma, a member of Asean, for genuine democratic reform, the
statement said.

"Ambassador Schwab will use the meetings to underscore US concerns about
the situation in Burma and its failure to make a serious commitment to a
meaningful and time-bound dialogue toward national reconciliation and a
peaceful transition to civilian democratic rule," the statement said.

When Schwab signed the TIFA in August last year with economic ministers of
the group, she made it clear that Washington would not lift economic
sanctions or shift its stance toward Burma over its poor human rights
record.

The US has a free trade agreement with Singapore and is currently
negotiating another FTA with Malaysia. It says similar discussions with
Thailand are on hold until a democratically elected government is in
place.

Following her meetings in Singapore, Schwab will visit Cambodia on Tuesday
to discuss efforts to improve the Southeast Asian country's investment
climate and ways to support implementation of its commitments under a
bilateral trade agreement.

Asean was the fourth largest export market for the United States in 2006,
with US shipments totaling US $57 billion.

____________________________________

November 16, Irrawaddy
China blocks UNSC presidential statement on Burma - Lalit K Jha

The US on Thursday alleged that China blocked the issuing of a
presidential statement on Burma at the UN Security Council.

Led by the US, a majority of the countries in the 15-member Security
Council had favored issuing a presidential statement after closed door
consultations on Tuesday and a briefing on the Burmese issue by Ibrahim
Gambari, the UN Special Envoy on Burma.

A presidential statement—though not legally binding, unlike a
resolution—can only be issued with a consensus, meaning that all members
of the Security Council have to agree on it and its content. China opposed
issuing a presidential statement on Burma, which would have been the
second one in a little over a month.

“We were disappointed by their (China’s) unwillingness to support a PRST
(presidential statement). They were only willing to support a statement.
We worked hard to persuade them to go for a PRST, but they did not
cooperate,” the US Ambassador to the UN, Zalmay Khalilzad said.

At the same time, Khalilzad noted the cooperation of China in the past
with regard to Burma in facilitating the work of Gambari.

This is for the first time that a top US official has come out openly to
state that China was not cooperating with it and other like-minded members
of the Security Council on the issue of Burma. This was very much evident
on Tuesday during the debate on Burma at the Security Council. While China
and Russia observed that sanctions against Burma were counterproductive
and termed the mission of Gambari to Burma as successful, the delegates of
the US, Britain and France observed that the steps taken by the Burmese
junta following international pressure were timid and more needed to be
done.

____________________________________

November 16, Mizzima News
New Burma Action Committee taking action on behalf of political prisoners

The British House of Lords is taking action to respond to continuing human
rights abuses in Burma.

The Burma Justice Committee will explore possibilities of providing legal
help to victims of repression and their families. In its first official
act, the newly formed committee presented petitions to the United Nations'
Working Group on Arbitrary Detention, on behalf of three Burmese prisoners
currently detained by the junta.

According to a member, the Burma Justice Committee will work for the
restoration of the rule of law within Burma. Being comprised of lawyers,
parliamentarians and other representatives, it "will be able to draw on a
wide range of legal expertise with experienced barristers and other
lawyers in a range of disciplines to assist victims and their families."

Furthermore, it will also examine available steps which can be taken to
hold the military government accountable for its human rights abuses.

____________________________________
OPINION / OTHER

November 16, Bangkok Post
Will the generals dare release the Lady? - Larry Jagan

The Burmese junta is sending out mixed messages, raising hopes that Aung
San Suu Kyi may be freed soon

Tentative talks between Burma's pro-democracy leader Aung San Suu Kyi and
the country's military rulers have begun, raising hopes that progress may
now be made in breaking the country's political deadlock. ''If the talks
go well, Aung San Suu Kyi may be released soon,'' a spokesman for her
party, the National League for Democracy (NLD), told journalists last
weekend.

The military authorities have eased the restrictions on Daw Suu Kyi,
allowing her to meet key members of her party. She has spent 12 of the
last 18 years under house arrest, and in the past 3-1/2 years has been in
virtual solitary confinement, being allowed only to see her doctor
irregularly and the couple of visits by the UN special envoy Ibrahim
Gambari. Last week she also had a further meeting with the recently
appointed government liaison official, Aung Kyi.

But analysts warn that it is too early to tell whether this is a real
change of heart or merely a delaying tactic by the regime. Many hope that
the meetings between Labour Minister Aung Kyi and Daw Suu Kyi are part of
a new process that could lead to fresh talks between the NLD and the
military government. ''These are pre-talks rather than the start of a
serious dialogue process,'' said Win Min, an independent Burmese academic
based at Chiang Mai University. ''But in any negotiation, both sides have
to show goodwill _ so far that seems to be happening.''

The apparent breakthrough to the current impasse between the two sides
came immediately after the latest visit to Burma by Mr Gambari. But
diplomats in Rangoon believe the visit was not instrumental in bringing
about the new initiatives; rather, it was a way for the regime to deflect
international criticism and pressure to introduce political change.

''It is too early to tell whether the top generals are serious about
political dialogue with the opposition or whether, as I fear, they are
just using this to buy time while they press on with their own 'road map',
which will effectively exclude Aung San Suu Kyi and her party from
politics in the future,'' said a Western diplomat based in Rangoon.

But Mr Gambari did play an important role when he became the vehicle
through which Daw Suu Kyi was able to make her views publicly known. ''In
the interest of the nation, I stand ready to cooperate with the government
in order to make this process of dialogue a success and welcome the
necessary good-offices role of the United Nations to help facilitate our
efforts in this regard,'' she said in a letter Mr Gambari made public at
the end of his trip. ''I am committed to pursue the path of dialogue
constructively and invite the government and all relevant parties to join
me in this spirit.''

There was no reference to any pre-conditions for such talks. Immediately
after Mr Gambari's previous visit to Burma at the end of September,
Burmese junta leader Senior General Than Shwe announced his willingness to
meet Daw Suu Kyi if she was prepared to ''end confrontation'' and her
support for sanctions and the ''utter devastation'' of the country.

''These pre-conditions are unacceptable as it is tantamount to admitting
guilt to charges which are totally unfounded, just to meet Than Shwe,'' a
leading NLD member said.

Daw Suu Kyi's position has always been that everything is negotiable
provided there are genuine political talks between the military regime and
the pro-democracy parties.

Although she did not spell this out in her letter, it is something which
remains the bedrock of her position, though she did make clear that she
regards the ethnic groups as an essential part of any dialogue process.

The release of several hundred political prisoners before Mr Gambari met
Daw Suu Kyi and the meeting between the top four NLD leaders and Daw Suu
Kyi are clear confidence-building measures. This was something Mr Gambari
stressed should be part of the process when he offered the UN's services
to help facilitate dialogue between the two sides, according to UN
insiders.

Now that there are tentative steps towards resuming contact between ''the
Lady'' and representatives of the regime, hopes have been raised that more
political prisoners, including the Nobel Peace laureate, will be released
soon.

The UN is, of course, keen to present Mr Gambari's visit as a success in
starting a process that could lead to genuine political dialogue. ''We now
have a process going which will lead to substantive dialogue between the
government and Daw Aung San Suu Kyi as a key instrument in promoting
national reconciliation in an all-inclusive manner,'' said a UN statement
at the end of Mr Gambari's visit.

But clearly the top generals are not interested in Mr Gambari or the UN
playing a leading role in any future national reconciliation process.

Burma's Information Minister Brigadier-General Kyaw Hsan made that crystal
clear when he attacked Mr Gambari in the state-run media after their
meeting in the capital Naypyidaw early last week. He accused Mr Gambari of
being superficial and ignorant of Burmese history and culture; and even
worse, being a stooge of the Western powers that wanted to interfere in
Burma's internal affairs.

Brig-Gen Kyaw Hsan was particularly dismissive of the UN envoy's
suggestion that there should be three-way talks between the government and
Daw Suu Kyi, with Mr Gambari acting as mediator. ''Myanmar will never
allow any outside interference to infringe on the sovereignty of the
state,'' he was quoted as saying on state-run TV.

If Mr Gambari really wanted to help Burma, ''he should play a leading role
in organising and persuading others to relieve and lift sanctions,'' he
demanded.

This outburst suggests that the sceptics may be right, and the contact and
talks with Daw Suu Kyi are a side-show intended to buy the regime time as
it presses on with its own agenda.

''While putting energy into the democratisation process, the government
has been making efforts for the national reconsolidation,'' said the lead
story in the New Light of Myanmar last Saturday, after reporting the
meetings between Daw Suu Kyi and the government minister and her meeting
with top members of the NLD, with rare photos of the opposition leader on
the front page.

There are also other signs that the top generals are not in the least
interested in the international community's efforts to encourage
democratic change, and are intent on introducing a political system that
will consolidate the military's power into the future.

''Than Shwe and his hardline supporters have no intention of including
Aung San Suu Kyi and the NLD in talks about Burma's political future. They
are pressing on with their own road map and are certainly not interested
in having any UN involvement,'' a source close to the Burmese government
told the Bangkok Post.

The top general wanted to finish drafting the new constitution, which
effectively legitimises the junta's grasp on political power, and have the
summit of Asean leaders in Singapore endorse it. A referendum on the new
constitution would then be set for early next year, according to a senior
Burmese government official.

''The only issue open for discussion with Aung San Suu Kyi, the
pro-democracy parties and ethnic groups would be the acceptance of the
constitution and support for the planned referendum,'' said an Asian
diplomat based in Rangoon.

The regime has begun to feel the pinch from the sanctions, especially now
that banks in Singapore are refusing to accept Burmese letters of credit
and are now being prompted to try to counter these measures with the
support of their Asian allies.

''It is no accident that the pre-conditions for talks with Daw Suu Kyi
involves her renouncing the international sanctions,'' said a Burmese
businessman in Rangoon.

The overall signs of a serious breakthrough remain bleak.

''The hardliners have strengthened their control on power and are in no
mood to include Aung San Suu Kyi and the NLD in the process,'' Mr Win Min
said.

But often in the past when there have been talks between the two sides,
the regime has had to accept a measure of change.

At least it may mean that Daw Suu Kyi will be freed some time soon,
provided the talks continue and are not abruptly ended by the Senior
General _ as they were in April 2004 just before the National Convention,
which was drafting the guidelines for the new constitution, was due to
reconvene.

How much the regime is prepared to engage the international community may
emerge in the next few weeks.

The UN special rapporteur on human rights, Professor Paulo Pinheiro, has
just finished his five-day mission to Burma investigating the recent
crackdown on monks and demonstrators who had flocked onto the streets,
particularly in Rangoon, in anti-government marches.

More than 100 people were reportedly killed and over 5,000 arrested.

Over the next few days Mr Gambari, at the request of Singaporean Prime
Minister Lee Hsien Loong who is currently the Asean president, will brief
the Asian leaders at the regional summit.

If he convinces the Asian countries, particularly China, to support Daw
Suu Kyi's appeal for genuine political talks on ''democratic solidarity
and national unity'', the junta may have to make some serious concessions,
including freeing the Lady herself.

____________________________________

November 16, Asia Times
UN holds false hope for Myanmar - Bertil Lintner

If the United Nations special envoy to Myanmar, Ibrahim Gambari, is to be
believed, the situation in the military run country has changed for the
better in the past few weeks, with the junta taking a qualitatively
different line from when it cracked down on street demonstrators in late
September.

Reporting to the UN Security Council on his recent visit to Myanmar on
November 13, he urged its members to give his "diplomatic effort time to
succeed". But, as he was speaking in New York, in Yangon and other Myanmar
cities arrests of dissidents were still in full swing. On the exact same
day, Su Su Nway, a prominent female activist who had been in hiding for
several weeks, was picked up by the secret police as she was trying to
convey a message to another UN official, human rights envoy Paulo
Pinheiro, who just had arrived in the country.

A few days before the arrest of Su Su Nway, U Gambira, a Buddhist monk and
leader of the All-Burma Monks Alliance, was also apprehended. He was one
of the leaders of the monk-led, anti-government protests in September, and
had been in hiding since the military's armed crackdown on September
26-27. U Gambira has been charged with treason, the punishment for which
is life in prison or death. The monk's father and brother have also been
arrested while his mother and three other family members were interrogated
by military authorities.

In the old capital Yangon, eyewitnesses reported seeing young people
recently being apprehended in one of the city's markets as they were
handing out leaflets. And, at night and pre-dawn morning - usually around
1 am - secret police officers continue to raid people's homes and drag
suspected dissidents away.

Those actions give the lie to Gambari's statement on his arrival in
Singapore from Myanmar on November 8 that "we now have a process going
which will lead to a dialog between the government and Daw Aung San Suu
Kyi". He also brought with him a statement from the detained opposition
leader, saying that she was ready to cooperate with the country's military
rulers "to pursue national reconciliation". She may have said that, but of
course that is nothing new.

Aung San Suu Kyi has been calling for a dialog with the country's rulers
since she and other pro-democracy politicians on August 15, 1988,
delivered an open letter to then secretary of the Council of State, Kyaw
Htin, suggesting the formation of a "People's Consultative Committee" to
solve the political crisis that was then engulfing the country. She has
also met with Myanmar's military leaders on several previous occasions,
the first time in 1994, even before she was released from her first round
of house arrest in 1995.

The problem is that Aung San Suu Kyi, the UN, and the ruling State Peace
and Development Council (SPDC) are not speaking the same language. The
official mouthpiece newspaper The New Light of Myanmar wrote in its
November 10 edition that "while putting energy into the democratization
process, the government has been making efforts for the national
reconsolidation [sic]".

And, "As part of efforts for transition to democracy by implementing the
seven-step road map [to democracy] and ensuring peace and stability and
bringing about development of the country ... Minister of Labor U Aung Kyi
was assigned [to meet] Daw Aung San Suu Kyi." From these public statements
it would seem that nearly nothing has changed. The junta's "seven-step
road map" is designed to perpetuate military rule in Myanmar, and
"national reconsolidation" is hardly the same as national reconciliation.

Failed interventions
Despite his bravado in the Security Council, it is highly unlikely that
Gambari will achieve more than a host of other UN envoys who have over the
past 17 years visited Myanmar and failed to achieve any progress towards
more democracy. Consider the UN's record. The first "independent expert"
the UN sent to the country to "study" violations of human rights was
Sadako Ogata, a Japanese professor who later went on to become the United
Nations High Commissioner for Refugees.

The report she submitted to the UN's Commission of Human Rights on
December 27, 1990, was unusually bland for a rights advocate. "General
elections had been held that year in May, resulting in a landslide victory
for Aung San Suu Kyi's National League for Democracy (NLD) party and Ogata
concluded in her report that "it is not in dispute that it will be the
task of the elected representatives of the Pyithu Hluttaw (National
Assembly) to draft a new constitution, on the basis of which a new
government will be formed. At present, however ... it is not clear when
the Hluttaw will be convened for that purpose".

In fact, it was never convened. Instead the government began arresting
elected MPs and three years later formed a "constituent assembly"
consisting of mostly handpicked people to draw up a new constitution, a
task which just after 14 years has been completed as the first of seven
steps in the junta's "road map".

In 1992, the UN appointed another Japanese academic, Yozo Yokota, "special
rapporteur on the situation of human rights" in Myanmar - a step higher
than an "independent expert". He compiled some critical reports, but later
resigned in 1996 according to a statement by a UN spokesman at the time,
"because of planned career changes in Tokyo" as well as "frustration at
the lack of logistical support from human-rights staff in Geneva", where
the Human Rights Commission is based.

His successor, Rajsoomer Lallah, a former chief justice of Mauritius, was
not even allowed by the Myanmar government to visit the country during the
four years he served as "special human rights rapporteur". According to
Jose Diaz, then spokesman for the UN Commission for Human Rights, Lallah
had "expressed frustration ... with the little change that he has seen in
the country he follows".

Lallah was succeeded by Paulo Pinheiro, a Brazilian law expert who in the
beginning was upbeat about his work, including his belief that he was free
to talk to political prisoners without interference from the authorities.
But his rather positive reports were severely criticized by NLD spokesman
U Lwin, among others. Pinheiro changed his tune completely when in March
2003 he discovered a microphone beneath the table at which he was
interviewing a political prisoner in Yangon's infamous Insein jail. He
immediately left the country in disgust and was not allowed back until
now. In the meantime, perhaps partially to protect his own credibility, he
has become a vocal critic of the Myanmar military regime.

Stonewalled envoys
Then there were the several special envoys, sent not by the UN's Human
Rights Commission, but by the secretary general himself. Peruvian diplomat
Alvar De Soto made six fruitless visits to Myanmar between February 1995
and October 1999. He was succeeded in 2000 by Malaysian diplomat Razali
Ismail, who also began his mission by believing that he could persuade the
Myanmar generals to be more cooperative with the political opposition
inside the country and the outside international community.

In November 2001, Razali said he was "hopeful that some significant
progress could be made in the near future". The following year, he was
instrumental in securing the release from house arrest of Aung San Suu
Kyi, which prompted him to say: "I am delighted for her and the country
... we have to give them time. Don't expect things to happen immediately.
I think there is a commitment on the part of the military to make the
transition [to civilian rule]."

But nothing really changed and in May 2003 Aung San Suu Kyi was locked up
again after government thugs attacked her and her entourage at Depayin, a
remote village in northern Myanmar. An unknown number of NLD supporters
were killed in the melee. She was nearly killed and later escorted back to
her private residence in Yangon, where she has remained under house arrest
ever since.

Razali quit his post in January 2006 after he was refused entry to Myanmar
for nearly two consecutive years. By then it emerged that his mission to
Myanmar had perhaps not been entirely altruistic. Apart from being a
Malaysian government civil servant, he is also in private business as the
chairman and 30% stockowner of IRIS Technologies, a company that during
one of his visits managed to secure a contract with the Myanmar government
for high-tech passports with biometric features.

A conflict of interests? Not according to the UN, which came to his rescue
by saying that his kind of part-time contract with the world organization
did not "carry any restrictions on business activities".Yet because of the
lack of transparency and accountability, and the absence of any
investigative and critical media inside the country, Myanmar provides
plenty of opportunities for private business deals. That's true even for
some UN officials and diplomats who are based there, such as the smuggling
of antiques in diplomatic and UN bags and the sale of duty-free goods on
the black market.

For the junta, manipulating the UN and sporadically giving false hopes to
the international community buys it time while it moves to legitimize its
hold on political power through a new charter. Razali's successor as
special envoy, Gambari, has so far continued in the tradition of previous
upbeat UN officials, who in the end achieved very little if nothing for
the people of Myanmar. When the smoke has cleared, it will most likely be
business as usual in Myanmar. Another UN envoy or rapporteur may have
come, full of optimism at first, and frustrated by the junta's
intransigence in the end.

Bertil Lintner is a former correspondent with the Far Eastern Economic
Review. He is currently a writer with Asia-Pacific Media Services.

______________________________________

November 16, Irrawaddy
Burma remains the bad boy in the Asean family [Editorial]

Burma’s position within the family of Southeast nations known as Asean
gives that organization more of a responsibility to get it on the right
track than can be expected from Western governments or neighboring China
and India.

When Asean’s 40th summit starts in Singapore tomorrow its participants can
look back on more than 10 years of stagnation in Burma since that country
joined the movement in August 1997. Perhaps at the start Asean really had
hoped to persuade the Burmese regime to embrace political change.

The hope has yet to be fulfilled. Burma is Asean’s black sheep, with the
worst human rights record of all its members.

When the regime brutally suppressed the September demonstrations in Burma,
governments around the world joined in condemnation. The US and the EU
tightened sanctions against the regime, and the UN also undertook efforts
to stop the abuses and bring about dialogue between the government and the
opposition.

But what about Asean, the family of nations that includes Burma? And what
are its members doing to bring about change in Burma.

Let’s start with Thailand. This week, it was reported that Thailand's PTT
Exploration & Production PLC is considering negotiations with a Chinese
state oil company on joint development of a gas field off the coast of
Burma.

Exploration of its M9 field in the Gulf of Martaban is nearly complete and
development work to production will require at least US $1 billion, the
Bangkok Post, said quoting the president of PTTEP, Maroot Mrigadat.

PTTEP is the main partner in the Yadana and Yetagun offshore gas projects.
About 90 percent of the gas produced from those fields is piped to
Thailand for power generation.

Gas sales from the two fields are worth about US $2 billion a year at
current contract prices. In other words, Thailand enables the Burmese
generals to earn $160 million per month in sales, equal to 43 percent of
Burma’s overseas revenue. It is one of the biggest channels through which
Burma’s military regime can acquire hard currency.

Another Asean country, Malaysia's Petroliam Nasional Bhd, or Petronas, is
a partner of PTTEP working in the two fields.

Singapore, the current Asean chair, also profits from business deals with
the regime. Singapore has invested over US $1.5 billion in Burma since the
junta took power in 1988 and annual trade between the two countries is
worth about $1 billion.

Investments by Thailand and Singapore comprise more than 98 percent of new
foreign direct investment in Burma in the past two years.

It must be noted that Singapore’s political stand on Burma has taken a
step forward, even though it isn’t a big one. Singapore was the strongest
critic within Asean of the regime’s handling of the demonstrations. More
positive initiatives might be expected from the Singapore government.

Though pressures and sanctions come from the West, Asean’s active
involvement in solving Burma’s crisis is crucial, yet the movement still
focuses on its own benefits, ignoring the bloodshed in Burma.

As it prepares to sign a new charter, Asean shows no sign of changing its
non-interference policy vis-à-vis Burma. The Burmese people will then be
writing Asean off as a “bad neighbor” in their history books.

____________________________________
PRESS RELEASE

November 16, Human Rights Defenders and Promoters Network (HRDP)
Statement regarding the Human Rights Day

The United Nation's General Assembly adopted and proclaimed the Universal
Declaration of Human Rights on December 10th, 1948 with the purpose of
avoiding the scourge of the Second World War which ended in 1945 for all
human races.

However, Wars, Genocide, Terrorism, gangs' bully on innocent civilians,
poverty and insecurity are still happening as a world's epidemic. We
realize that the above situations happen as a consequence of disregarded
and contempt of human rights.

Therefore, Burma's society needs to understand the fundamental human
rights to become peaceful, stable and prosperous.

Coming December 10th, 2007 will be the (59th) Anniversary of Human Rights
Day. So, all human beings from Burma's society need to live this occasion
with the recognition of the essence of human rights.

We urge the all Nationals, Parties, Departments, Government Institutions
and Political Parties to celebrate this occasion.

We, the HRDP proclaim that we are going to celebrate the (59th)
Anniversary of Human Rights Day meaningfully.




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