BurmaNet News, September 11, 2008

[Editor]

September 11, 2008 Issue # 3554


INSIDE BURMA
Mizzima News: 88 generation activist Nilar Thein arrested
Irrawaddy: Suu Kyi meets her lawyer again
Narinjara News: T-Shirts seized, wearers arrested in Sittwe
DVB: Monks battle Twante market blaze
DVB: Htin Kyaw refuses to attend court hearing
Xinhua: Myanmar PM on post-storm relief, rehabilitation work

BUSINESS / TRADE
Irrawaddy: Black labor market bypasses ban on Burmese women working abroad

HEALTH / AIDS
DVB: Cyclone relief effort boosts Irrawaddy healthcare

DRUGS
Narinjara News: Two Burmese arrested, 1,200 Yaba tablets seized

INTERNATIONAL
DPA: US, Britain demand more pressure on Myanmar for democratic progress
AP: UN to consider request for Myanmar junta's seat
Irrawaddy: Gambari upbeat

OPINION / OTHER
Bangkok Post: Suu Kyi needs proper care – Editorial
Mizzima News: Will the U.N. unseat the junta?

PRESS RELEASE
USCB: On day UN Security Council to meet on Burma, regime arrests one of
Burma's most prominent activists


____________________________________
INSIDE BURMA

September 11, Mizzima News
88 generation activist Nilar Thein arrested – Than Htike Oo

Prominent woman activist Nilar Thein, who went into hiding one year ago,
was hunted down and arrested on Wednesday.

An 88 generation student, who requested not to be named, told Mizzima that
Nilar Thein was arrested by Burmese security forces on Wednesday evening
while going to visit fellow activist Ant Bwe Kyaw's mother in Rangoon's
Yan Kin Township.

"It is confirmed that she was arrested while going to visit the mother of
Ant Bwe Kyaw," the 88 generation student, who is also on the run from the
junta, told Mizzima.

However, it is still unclear how Nilar Thein was arrested and where she is
being detained.

But, the 88 student said it is possible that Nilar Thein was arrested on
her way to see Ant Bwe Kyaw's mother, who resides alone and is reportedly
in ill health.

Nilar Thein went into hiding as the junta brutally cracked down on
protestors in Rangoon and other cities last August and September, leaving
her young baby with family members.

Nilar Thein's husband, Kyaw Min Yu, also a member of the 88 generation
students, was arrested on August 21, 2007 along with 12 colleagues,
including prominent student leader Min Ko Naing as well as Ko Ko Gyi, Min
Zeya, and Mya Aye.

On August 19, 2007, Kyaw Min Yu's group held the first peaceful march in
protest against the sharp rise in fuel prices. The protest, which was
joined by over 400 people, later ignited nation-wide protests that grew
into the largest demonstrations in the country since the 1988 student-led
anti-government protests.

In November 2007, Nilar Thein's female colleague Suu Suu Nwe, a champion
for labor rights, was arrested for her involvement in a September protest.

Nilar Thein's arrest came amidst the junta's new campaign against
activists in a step to prevent renewed protests in the days leading up to
the anniversary of last year's Saffron Revolution.

Nilar Thein had earlier served two terms of imprisonment in Insein and
Tharrawaddy prisons for her involvement in political activities.

In March, she along with two of her colleagues—Suu Suu Nwe and Phyu Phyu
Thin —were named recipients of the Czech Republic's Homo Homini award for
their promotion of democracy, human rights and nonviolent solutions in
Burma's political conflicts.

____________________________________

September 11, Irrawaddy
Suu Kyi meets her lawyer again – Wai Moe

Burma’s detained democracy leader Aung San Suu Kyi had a one-hour meeting
on Thursday at her home with her lawyer, Kyi Win, according to her party,
the National League for Democracy (NLD).

NLD spokesman Win Naing confirmed the meeting but was unable to give any
further details. It’s feared that Suu Kyi is on a hunger strike after
refusing deliveries of food and other household supplies for more than
three weeks.

NLD sources said Kyi Win was routinely questioned by the police special
branch after his meeting with Suu Kyi.

Kyi Win last visited Suu Kyi on September 1, and afterwards reported that
she had made no mention of a hunger strike. He quoted her as saying: “I am
well, but I have lost some weight. I am a little tired and I need to
rest.”

In a statement on September 5, the NLD expressed concern about Suu Kyi’s
welfare and said she was refusing food supplies “in protest against ...
her unlawful detention under the security law."

NLD spokesman Nyan Win said Suu Kyi and her lawyer had discussed at the
September 1 meeting a lawsuit she is bringing against her continuing
detention, which was extended in May. She has been under house arrest
since May 2003.

Kyi Win had two meetings with Suu Kyi last month, on August 8 and August 17.

____________________________________

September 11, Narinjara News
T-Shirts seized, wearers arrested in Sittwe

Police in Sittwe seized T-shirts emblazoned with the image of U Ottama and
arrested people who were wearing the shirts in public, said a student in
Sittwe on condition of anonymity.

"A police team seized the T-shirts from people who were walking on the
streets of Sittwe wearing the T-shirts. Some youths were also arrested for
wearing them," he said.

Police Inspector Khin Maung Hla led the police team. He ordered wearers to
take off the T-shirts on the streets. Some people refused to follow the
orders to take off the T-shirts. They were subsequently arrested and taken
to an unknown location.

"Yesterday I saw about 20 people who took off the T-shirts on the main
streets of Sittwe after the police ordered them. At least four young
people were arrested as they refused to take off the T-shirts," the
student said.

According to a local source, the police released a youth from Roma Artists
soon after his arrest, but three other youths are still being detained at
an unknown location. Two of the three detained youths are from Wra Gri
Mrauk Ward and the other is from Rupa Taung Ward in Sittwe.

Ottama was an Arakanese monk who was a pioneer of the Burmese independence
movement during British rule, but the military does not allow people to
honour the monk with any kind celebrations.

The Arakanese community inside Burma typically honours the anniversary of
Ottama's death on September 9 every year, despite the  ban.

____________________________________

September 11, Democratic Voice of Burma
Monks battle Twante market blaze – Shwe Aung

Around 100 local monks rushed to the scene of a fire raging at Myoma
market in Twante in Rangoon division on Tuesday night, but were forbidden
by police from helping extinguish the blaze.

An eyewitness said shops selling dry goods, textiles, bananas, coconuts
and electrical goods as well as ironmongers’ and goldsmiths’ stores all
went up in flames.

“When we got there, the fire engines and local authorities hadn’t arrived
yet. As the fire raged, about 100 monks from Shweletkhoke and Dhamalingaya
came down and extinguished the fire with water from a nearby drainage
canal,” the witness said.

“The police force arrived and stopped all the people who were bringing
water buckets to help extinguish the fire. Only the monks challenged
them,” he said.

“The fire wasn’t burning too fiercely at first - if there had been water
ready, the flames could have been put out in half an hour.”

Despite the restrictions, the witness said the monks continued to help.

“The monks were not allowed to extinguish the fire, but it was raging so
hard that they could not just stand by and watch,” he said.

“They were acting on impulse, whether it was allowed or not.”

The fire broke out at 10.30pm and was extinguished at around midnight.

Although two fire engines arrived on the scene, they were unable to tackle
the blaze as they did not have any water.

Some shopkeepers were hurt by falling debris when they attempted to
retrieve goods from their shops.

Two thirds of the shops in the market were destroyed, causing an estimated
100 million kyat in damage, according to the authorities.

State media reported that more than 1000 people were left homeless by
fires in August, but there was no mention of Tuesday’s fire.

____________________________________

September 11, Democratic Voice of Burma
Htin Kyaw refuses to attend court hearing – Aye Nai

Detained protest leader Ko Htin Kyaw clashed with prison officials
yesterday when he refused to appear in court, according to sources close
to his family.

Htin Kyaw, who is being detained in Rangoon’s Insein prison for leading
protests last year, refused to appear in court in protest at the poor
timekeeping of witnesses and judges and their failure on some occasions to
come to court at all.

Htin Kyaw was told by the authorities to come out of his cell to appear at
the township court but he told them he could not do so.

When the prison authorities tried to drag him out of the cell, a scuffle
broke out.

As a result, Htin Kyaw was taken to a court at the entrance to the prison
instead of the court outside the jail, the sources said.

Htin Kyaw was arrested on 25 August last year for his role in instigating
protests against fuel price hikes, and has been charged with causing
public alarm under section 505(b) of the penal code.

He has been arrested and imprisoned at least three times for staging
peaceful protests.

Monk leader U Gambira and 11 others also appeared at the court yesterday
as their trial continued.

88 Generation Student leaders appeared at a special court inside Insein
prison on the previous day.

____________________________________

September 11, Xinhua
Myanmar PM on post-storm relief, rehabilitation work

Over 1 million people in Myanmar's storm-hit regions have been rescued in
time, the official newspaper New Light of Myanmar quoted Prime Minister
General Thein Sein as saying Thursday.

At a coordination meeting on the post-storm restoration status in
Ayeyawaddy delta held in Nay Pyi Taw, Thein Sein, who is also Chairman of
Natural Disaster Preparedness Central Committee, attributed the fact to
the harmonious cooperation of Myanmar, the Association of Southeast Asian
Nations (ASEAN) and the United Nations (UN).

Noting that rehabilitation work has been carried out to a certain extent,
Thein Sein said the committee has created the better shelter for the
homeless by building wooden houses for the survivors with corrugated iron
sheets, adding that so far 2,000 houses have been built and more are under
construction.

He stressed the need to give priority to resumption of agriculture work
and then fishing and salt industry in the storm- hit regions, saying that
8,536 power tillers, 2,633 draught cattle, over 1.7 million baskets
(34,000 tons) of paddy strains and fuel have been delivered to the
disaster-hit areas.

He held that over 90 percent of ravaged farmlands have so far been put
under paddy.

He said that a total of 9,500 fishing boats and 14,955 fishing nets have
been provided to the survived fishermen. And a total of 10,553 acres
(4,273 hectares) have been put under "Khu-aing" paddy strains although
time has not come yet to make salt out of salt field' natural condition
and the production of 300,000 tons of salt is being targeted.

According to the prime minister, the storm which swept Myanmar in early
last May, caused damage to about 500,000 acres of farmlands and death to
about 130,000 draught cattle with large number of farming implements and
tractors destroyed.

Besides, a total of 23,458 acres ( 9,500 hectares) of salt fields, 24,214
tons of crude salt and equipment were destroyed in Myaungmya, Laputta,
Pyapon and Ngaputaw in the Ayeyawaddy delta with many salt industry
workers losing their lives in the storm.

Meanwhile, a joint assessment report of Myanmar-ASEAN-UN estimated the
total damage and losses due to the cyclone storm at 4.4 to 4.5 trillion
Kyats ( 4.02 to 4.13 billion U.S. dollars).

The loss in agricultural production were extensive and greatly affects the
population in the delta, the assessment report said, adding that the
cyclone caused flood of over 600,000 hectares of farmland, killing up to
50 percent of draught cattle, destroying fishing boats and sweeping away
food stocks and agricultural implements.

The preliminary recovery needs were assessed at over 1 billion dollars
over the next three years.

Deadly tropical cyclone Nargis hit five divisions and states - Ayeyawaddy,
Yangon, Bago, Mon and Kayin on last May 2 and 3, of which Ayeyawaddy and
Yangon inflicted the heaviest casualties and massive infrastructural
damage.

The storm has killed 84,537 people, leaving 53,836 missing and 19,359
injured according to official death toll.

____________________________________
BUSINESS / TRADE

September 11, Irrawaddy
Black labor market bypasses ban on Burmese women working abroad – Aung
Thet Wine

A flourishing black labor market is bypassing a new government ban on the
migration of women to seek work abroad, business sources in Rangoon
report. Burmese authorities are involved in the illegal schemes, they
allege.

The government’s Department of Labor cautioned around 110 overseas
employment agencies on July 9 not to assist Burmese women to seek jobs
abroad. The owner of one agency said they were told that infringements of
the edict could result in the cancellation of a company’s license or even
imprisonment.

The employment agencies were told the ban had been imposed to protect
Burmese women against human rights abuses abroad, the agency owner said.

One agent said the ban could be easily bypassed, however, by bribing the
authorities. Visas could be obtained within two weeks at a cost of 260,000
kyat (about US $200), most of which had to be shared with the authorities,
he said.

“I get just 40,000 kyat (about $30) after paying off the authorities,” one
agent said.

Women who seek work in Indonesia have to pay as much as 1,400,000 kyat
($1,120) to employment agents.

The payments don’t end with the issuance of a visa and the offer of a job
abroad. A further bribe of about 60,000 kyat ($48) has to be paid to
immigration officials, police and other staff at Rangoon International
Airport, agents say.

Around 50,000 Burmese go abroad each year in search of work. Agencies send
workers to Japan, South Korea, Malaysia, Singapore and the Middle East.
Japan and South Korea have been popular since the 1990s, but Malaysia is
now the most common destination, say the agents.

____________________________________
HEALTH / AIDS

September 11, Democratic Voice of Burma
Cyclone relief effort boosts Irrawaddy healthcare – Aye Nai

The influx of donations and volunteer doctors after Cyclone Nargis has led
to improvements in healthcare in hospitals in some areas of Irrawaddy
division, locals said.

After the cyclone hit Burma in early May, doctors and surgeons came from
all over Burma to treat patients.

Ko Vanku of Human Rights Defenders and Promoters said staff at Bogalay
hospital were treating patients with respect and kindness, in contrast to
before the cyclone.

“In the past, when a patient went to the hospital, all he saw was empty
beds, because people don’t trust hospitals and were unable to pay the
fees,” Ko Vanku said.

“Since Nargis, when the volunteer doctors came here, they have treated
patients warmly and when they care for patients, they give them their full
attention, not just up to a point, and giving whole-hearted support with
patience.

“People are satisfied with their general health.”

A Bogalay resident said he was surprised by the good standard of treatment
he received during a recent hospital visit.

“I went to the hospital in an emergency because a blood vessel in my
stomach had ruptured. I took 400,000 or 500,000 kyat with me expecting it
to be the same as usual,” the resident said.

“But when they gave me the prescription and I went to collect the
medicine, I didn’t have to pay a single pya. They told me that they had
enough medicine because it had been donated by the Sitagu abbot and
Bogalay association,” he said.

“Don’t worry, they said, we also have surgeons. They did all the
treatment. The doctors and nurses were very kind,” he went on.

“That is one benefit in connection with Nargis.”

A Laputta resident said the local situation was similar to Bogalay, with
specialists working shifts to care for patients.

In Pyapon township, a resident said that local health provision had not
improved, but patients could go to the nearby divisional hospital to get
treatment for serious ailments.

“Things are not good in Pyapon. Patients that need operations have to go
to Ma-upin, at divisional level hospital,” he said.

“There are several specialists there, I’ve heard. But these specialists
are compassionate and helpful. They only take as much as they have to;
they don’t ask patients to pay more for the operations,” he said.

“Many people are going to Ma-upin for operations as it is close by.”

____________________________________
DRUGS

September 11, Narinjara News
Two Burmese arrested, 1,200 Yaba tablets seized

Two Burmese citizens were arrested on Wednesday in possession of 1,200
yaba tablets by Bangladesh police in Cox's Bazar on the Burmese border.
The arrested Burmese nationals have been identified as Mvi. Md. Anwar,
aged 30, son Kalim Ullah, and Mvi. Md. Siddique, aged 35, son of Amir
Hossen of Buthidaung Township.

According to the officer in charge at Cox's Bazar police station, a police
team led by Sub-Inspector Ranjit Barua followed the two Burmese people on
suspicion at Eadgong Bazar, a large commercial station in the town, on the
night of 9 September.

At one stage, they found the men selling yaba tablets at Eadgong Bazar and
nabbed them in the act. Police later seized 1,200 yaba tablets from the
house of Mvi. Amin of Khamarpara Village in town after their confessional
statement.

The men also confessed to police that they arrived in Teknaf after
crossing the Naff River last Monday to smuggle yaba.

Police say that charges have been filed in connection with the case at the
Cox's Bazar police station.

____________________________________
INTERNATIONAL

September 11, Deutsche Presse Agentur
US, Britain demand more pressure on Myanmar for democratic progress

The United States and Britain on Thursday called for more pressure on
Myanmar to end its defiance of demands for democratic progress and the
release of political prisoners, including opposition leader Aung San Suu
Kyi. US Ambassador Zalmay Khalilzad said the United Nations Security
Council should review UN mediation, which is being led by special envoy
Ibrahim Gambari, and pressure the military government to yield results.

The UN has been demanding that the government hold a political dialogue by
all parties for national reconciliation. It has also called for the
release of all political prisoners. But there has been no progress on
these two main issues despite four visits by Gambari to Myanmar.

"It's time to review what is needed to be done more effectively and bring
results," Khalilzad said following a closed-door session of the 15-nation
council, which Gambari attended.

"Pressure should be applied on the regime," Khalilzad said. "The regime is
defying the international community and we believe that there should be a
debate to say what is the most effective."

British Ambassador John Sawers agreed with Khalilzad, saying that
Gambari's diplomatic efforts had been constrained by the military
government. Neither Sawers nor Khalilzad was specific about the kind of
pressure they would like to impose on Myanmar.

Gambari told reporters that the Myanmar government has "failed to deliver
substantive results."

He visited Myanmar a fourth time in August to pursue the dialogue on
political progress and the release of political prisoners, but obtained no
results. Suu Kyi also refused to meet with him, apparently because he
brought no change to the political impasse.

____________________________________

September 11, Associated Press
UN to consider request for Myanmar junta's seat

Secretary-General Ban Ki-moon will ask a committee to consider a request
from the winners of Myanmar's 1990 elections to replace the country's
current military junta representatives at the United Nations, the U.N.
said Wednesday.

The letter from pro-democracy candidates elected to parliament 18 years
ago challenged the legitimacy of the military government that refused to
cede power after a landslide victory by opposition leader Aung San Suu
Kyi's National League for Democracy. The junta has ruled Myanmar, also
known as Burma, ever since.

U.N. spokeswoman Michele Montas said any decision on who should represent
a country at the United Nations is up to the General Assembly's
Credentials Committee, which will meet soon after the 63rd session of the
assembly opens on Sept. 16. World leaders will arrive the following week
for their annual ministerial meeting.

"The secretary-general can only convey this letter ... (and) it will be
conveyed," she said.

Daw San San, vice president of the Members of Parliament Union (Burma),
said in the letter obtained by The Associated Press that the organization
has set up a permanent mission to the United Nations and has appointed U
Thein Oo as its permanent representative to the U.N.

"His excellency U Thein Oo is instructed to represent the people of Burma
and the legitimate, democratically elected members of parliament in all
organs of the United Nations," San said.

Oo was identified as an elected representative from Mandalay.

Myanmar's U.N. Mission said Ambassador Kyaw Tint Swe was not in his office
Wednesday afternoon to comment.

The military has ruled Myanmar since 1962 and has been widely criticized
for suppressing basic freedoms. The current junta, which took power in
1988 after crushing pro-democracy demonstrations, held general elections
in 1990 but refused to cede power to Suu Kyi's NLD. Since then, the
country has been in political deadlock.

Suu Kyi has been in prison or under house arrest for more than 12 of the
past 18 years. For about the last three weeks, the 63-year-old Nobel Peace
Prize winner has refused daily food deliveries to her home to protest her
ongoing detention, according to her political party.

____________________________________

September 11, Irrawaddy
Gambari upbeat – Wai Moe

One day ahead of Thursday’s briefing by Special Adviser to Burma Ibrahim
Gambari, the United Nations Security Council (UNSC) said it expected
Gambari’s report to be “more positive than after his March 2008 visit.”

In an update on Wednesday, the UNSC said that since his return from Burma,
Gambari “has been providing more up-beat assessments,” indicating that the
Burmese military government has been more receptive this time and more
open to the five points which had been agreed upon with the Security
Council and the Secretary-General’s ‘Group of Friends for Myanmar
[Burma]’—India, Thailand, Indonesia, Singapore, Vietnam, the United
States, the United Kingdom, France, Russia, China, Australia, Norway,
Japan, South Korea and the EU presidency—before Gambari’s visit on August
18-23.

The five points in questions were: the release of political prisoners,
including democracy leader Aung San Suu Kyi ; dialogue with Aung San Suu
Kyi ; a credible political process ; addressing socio-economic issues,
including the idea of an economic forum (apparently agreed with minister
Soe Tha in August); and regularization of the Good Offices role of the UN,
the report added.

“It seems that the Myanmar government will submit a paper on how to
address socio-economic problems and has invited Gambari back for a visit
‘soon’ and agreed that his staff could apply for visas allowing them to
visit before his trip,” the UNSC said.

Wednesday’s update also said that Gambari had appeared “encouraged” in
identifying points of agreement between Aung San Suu Kyi’s party, the
National League for Democracy (NLD), and the Burmese regime.

“A related issue is providing Council input to the task which Gambari now
has of indentifying points of agreement between the NLD and the regime
which could be used as a starting point for dialogue, thereby helping to
revive and reinforce the Good Offices role and make it more effective,”
the report stated.

The Security Council is expected to receive a briefing from Gambari—who
visited Burma for the sixth time as special envoy on a six-day trip from
August 18 to 23—in a closed session in New York on Thursday.

“One option is for members of the Council to listen to Gambari’s briefing
and state their positions, but not take action,” the report stated. “A
possible option is a press statement reiterating key elements in the two
presidential statements such as the need to release prisoners and engage
in genuine dialogue.”

According to the UNSC report, any presidential statement on Burma would
likely reemphasize the keys elements from the UNSC presidential statement
in October 2007, which called for: inclusive national reconciliation; the
ongoing involvement of the UN; genuine dialogue with Suu Kyi; measures to
address political and human rights issues; and measures to address the
economic and humanitarian needs of the people in Burma.

The presidential statement could also comment on Burma’s referendum, which
approved the military-backed constitution in May.

Gambari’s last briefing to the UNSC was at a closed session on July 24.
Following the briefing, Vietnam, which was then chairing the Council, said
the UNSC had reaffirmed its support for Gambari’s Good Offices role while
the US said the Council expected “concrete results” from Gambari’s visit.

Wednesday’s UNSC report noted that Gambari had been criticized and accused
of a lack of progress and of prematurely offering electoral assistance
from the UN with the 2010 elections.

The report also noted that some members of the UNSC are growing impatient
with Gambari’s Good Offices, though it said there is still support for
him.

The UNSC said that the “Group of Friends for Myanmar” will meet again on
September 12 following Gambari’s briefing to the UNSC and a ministerial
level of the group meeting is scheduled for September 29.

Although talk about UN sanctions against the Burmese regime seems to be
have receded, there is likely to be even stronger pressure for use of
diplomatic tools, the report said.

____________________________________
OPINION / OTHER

September 11, Bangkok Post
Suu Kyi needs proper care – Editorial

The military dictators in Burma continue to provide good argument about
why democracy, in the cliche'd phrase, is the worst possible political
system except for all the others. The regime has become almost entirely
closed off, and is unaccountable to citizens, neighbours and the world. It
was good to hear from former prime minister Samak Sundaravej that Thailand
will urge Burma to give in and accept the United Nations' advice.

That should be standard Thai policy in any case. But the government and
others should be doing more right now to find out the facts about the
health of the country's best-known citizen, Aung San Suu Kyi.

The state of Mrs Suu Kyi has now gone far beyond politics, and is in the
world public domain. Last month, the chief UN mediator Ibrahim Gambari
failed to see the Nobel Peace Prize laureate as expected. That might have
been put down to political disagreement of some sort. But last weekend,
reliable spokesmen of the National League for Democracy (NLD) party said
Mrs Suu Kyi had gone on a hunger strike. She claims, according to the NLD
leaders, that she will not eat until she is released from her house arrest
which, so far as is known, is illegal even under the harsh laws of the
military council and government.

That makes her condition the business of pretty well the whole world. The
democracy advocate is frail, getting on in years. She has a strong will,
but an extended fast - and three weeks is certainly a long time - requires
careful supervision. The most troubling aspect of this situation, for now,
is that the Burmese authorities show no responsibility. Questions about
Mrs Suu Kyi's health are met with silence. The US government yesterday
finally complained publicly, stating that it was concerned about the
well-being of the pro-democracy leader, but no independent Burmese group
or foreign country can find out such a simple matter.

This is a dictatorship which had to be shamed into accepting any aid for
its citizens after devastating Cyclone Nargis, despite a huge outpouring
of sympathy from people around the world. In recent months, it has simply
shown top UN officials the door, specifically Mr Gambari, whose mission to
try to ease some democratic reforms through the cracks in the diplomatic
door have crashed and burned.

Now, faced with an extremely simple question, the generals show just how
unaccountable an anti-democratic regime can become.

It is an uncomplicated matter: Is Mrs Suu Kyi on a hunger strike, and if
so what is the state of her health and care? To the generals, who see
foreign-led plots for domestic insurrection everywhere they look, the
inquiry probably is a super-political conspiracy. In fact, Mrs Suu Kyi has
thrilled the world with her principled, non-violent stand against her
government. That world is genuinely concerned that The Lady may be at
risk, even harming herself, with a dangerous, extended fast. Around the
globe, concerned people simply want to know what is happening.

And it is a valid question. In most civilised countries, the state of
health of an opposition leader, even a detained person, is easy enough to
determine. Mrs Suu Kyi has now been held far past the deadline last May
for her release under the regime's laws. Her state of health is,
literally, a state secret.

This is what happens when a regime abandons all pretence of democracy. It
is unaccountable to anyone. The response to world concern for Mrs Suu Kyi
proves that democratic reform is needed in Burma, as soon as possible.

____________________________________

September 11, Mizzima News
Will the U.N. unseat the junta?

With the palpable frustration of Burma's democratic opposition to United
Nations efforts in Burma following the Special Envoy's most recent visit,
but scarce mechanisms through the international body appear left to
opposition politicians and activists to alter the balance of power in the
crisis stricken country. One however, is manifested in the current attempt
to deny the junta their seat in the United Nations General Assembly as the
legitimately recognized government of Burma. Could this happen?

The logistics of dismissal

First, it must be understood that the petition before the United Nations
does not deal with repealing the membership of Burma from the
international body, it is concerned solely with the removal of the junta's
representative in the General Assembly – membership is a matter empowered
to the Security Council.

Questions regarding representation, however, and as extrapolated upon
yesterday by the Secretary General's office, are initially directed to the
Credentials Committee of the General Assembly. If the Committee decides to
act on a motion put before it, their recommendation must then be approved
by a two-thirds vote in the General Assembly.

However, there are numerous verdicts open to the Committee on questions of
representation. In addition to either approving or negating an appeal, the
nine-member Committee may also defer any decision. A deferral, in turn,
could result in a range of outcomes, from the country's seat being left
vacant to the Committee electing to take no action and make no
recommendation whatsoever.

The nine-member Committee is reassigned at the onset of each annual
General Assembly convention; though, as a matter of 'tradition,' China,
Russia and the United States invariably obtain seats. Further, Rule 29 of
the Procedures states: "Any representative to whose admission a Member has
made objection shall be seated provisionally with the same rights as other
representatives until the Credentials Committee has reported and the
General Assembly has given its decision."

It then follows that in reference to the composition of the Credentials
Committee that will consider the dissident petition to unseat the junta,
representatives from China, Russia and Burma will comprise thirty percent
of the panel.

Logistically, therefore, for there to be any hope of a majority verdict
and the petition making its way to the General Assembly floor, five of the
six remaining delegates to the Committee will have to side with the
assumed position of the United States, and against that of China, Russia
and Burma.

What, then, are the criteria Committee members will base their decision upon?

The opposition argument before the Credentials Committee

Simply put, there are no bona fide credentials for Committee members to
reference. The petition from the dissident politicians argues their case
on two fronts: the origin of the junta's political rule and the manner in
which rule has been exercised. The first claim references the annulled
1990 election results, the latter that of systematic human rights abuses
by the junta directed at its own citizenry.

Echoing the position of the democratic opposition, a 2008 Opinion from
nine experts on international law from across the globe, states:
"Substantial control over territory should not override the SPDC's
[Burmese government's] persistent disregard of its international
obligations and its evident lack of support from the people."

In making this argument, those opposed to the junta occupying the
country's seat in New York are putting forth what they believe to be the
paramount criteria upon which to judge representation. It has been argued
that these prescribed decisive factors, namely electoral results and
respect for human rights, were at the foundation of a new international
code of legitimacy established out of the ashes of the Cold War.

Gregory Fox, in his 1992 article entitled, 'Legitimacy of Governments in
the Age of Democracy,' writes: "Although democracy as such has not been
relied on by the General Assembly to determine member states'
representatives, it must be pointed out that the United Nations has
nevertheless used a test of legitimacy based on origin."

It is no coincidence that 1992 also saw the release of such works as
Francis Fukuyama's The End of History and the Last Man, which served as a
literary standard bearer for those adhering to a theory of the inevitable
tide of democratic governance to sweep across every country, the waves
only gaining velocity in the aftermath of the United States victory in the
Cold War. The early 1990s were indeed stirring days for democratic
yearnings and projections.

Fox, for his part, proceeds to postulate that the Credentials Committee
should be used as one more weapon in the promotion of democracy – arguing
that the Committee should strictly adhere to respect for the electoral
process as a mandatory precondition for seating any government in the
General Assembly.

To further bolster the democratic trend and benchmark argument, several
authors – including the nine international law experts earlier alluded to
– reference post-Cold War cases brought before the Credentials Committee.

Prominent examples of authorities denied a seat in the General Assembly
even though their governments exercised control over most of the country
in question include Afghanistan, Cambodia, Haiti, Liberia and Sierra
Leone. In these incidences, the Credentials Committee deferred to an
elected government removed from power through non-electoral means.

Clearly then, there is a precedent for the Committee to consider
concerning cases where electoral results went unhonored.

Touching on the petitioners other claim of how power is abused in the
hands of the junta, Fox remarked: "The example of South Africa [during
apartheid], however, is unique. There are no other instances where the
delegates of a government have been denied standing because of the way
they exert power. This case demonstrates that it is conceivable for the UN
General Assembly to regard a government as illegitimate because of its
illegitimate exercise of power."

Thus, while not as numerous to draw upon as examples centered on the
origin of power, there also exists precedent for the Committee and General
Assembly to take into account when dealing with how power is used.

But is the international community – and as reflected in bodies such as
the General Assembly – really embracing a new age in legitimacy? Are
ideological divisions truly over? And are national and organizational
interests increasingly and willingly subservient to an evolving doctrine
of international law?

A hostile international environment

According to the Hoover Institution, from 1990 to the middle of the decade
the world witnessed an increase in the percentage of democracies from half
of all countries to three out of five. But, in referencing the work of
Freedom House, for over ten years now the percentage of countries
democratically governed has effectively remained unaltered – with actually
fewer democracies recognized in 2008 than in the previous year.

It is telling that in the numerous case studies referenced in the 2008
Opinion of the international law experts, not one originates from this
century. The world is evolving, with national interests again visibly
asserting themselves over the head of international ideals.

In truth, it is not even clear that the Credentials Committee ever looked
to democratic roots as a decisive factor in reaching its decisions. It is
possible that the decisions, made in the 1990s and during a time when
democratic verbiage was very much in vogue, were instead made in
recognition of the national interests of major international powers and/or
regional actors.

With respect to Burma, the member states with the most at stake in the
realm of national interest are Burma's neighbors in ASEAN, India and –
most importantly – China. It is well in doubt whether this regional
community will share the interests of the dissident Burmese politicians.

Additionally, unlike a majority of the cases referenced where the General
Assembly refused to recognize the authority actually governing a country
in favor of an ousted and democratically elected government, the United
Nations does not have a significant institutional legacy to concern itself
with and protect in Burma.

Instead, the United Nations – and most confrontationally in the words of
organizational staff and representatives in the wake of Gambari's last
visit to Burma – has remained adamant that it is pursuing a "process" in
the troubled Southeast Asian country. Stripping the junta of their seat in
the General Assembly would in all likelihood bring whatever "process"
there is to an abrupt conclusion.

Lastly, international law is in conflict with itself. Discourses on
supranational law, such as those relating to universal human rights, are
increasingly coming into conflict with international law still entrenched
in the post-Westphalian world of nation-states. And, further hampering the
ascendancy of supranational law in the United Nations is the fact that the
body's structure and Charter are reflective of the world at the time of
its inception in 1945, a world beholden to the supremacy of the
nation-state.

In such an international environment, should the junta fear being shown
the door at the General Assembly?

What must happen

"Using the credentials process merely as a tool to punish non-democratic
governments would not be constructive," put forth Matthew Griffin in a
2000 edition of the Journal of International Law and Politics. Griffin
proceeds to express the opinion that a government should only have their
seat revoked if a reasonable expectation can be made that such an action
would prove effective in addressing the problem.

Given the wide divide over punitive measures – sanctions being the most
obvious – against the generals in Naypyitaw, it is likely that any chance
of success in revoking the junta's seat will need to be interpreted by a
broad segment of the Assembly, as well as by the United Nations in
general, as a positive rather than negative step in addressing Burma's
political impasse.

If this argument can be made and the national and institutional interests
of member states and the United Nations protected, then there is just a
glimmer of hope.

However, today's pervasiveness of conflicting interests and ideological
interpretations does not auger well for the fate of the petition. And more
than anything else, the frost that has for several years now been
descending on the field of international relations – must again thaw.

____________________________________
PRESS RELEASE

September 11, US Campaign for Burma
On day UN Security Council to meet on Burma, regime arrests one of Burma's
most prominent activists

Move Defies Security Council's Call to Regime In Which It "emphasizes the
importance of the early release of all political prisoners and remaining
detainees".

On the same day that the UN Security Council prepares to debate the
situation in Burma, the country's ruling military regime has arrested
Nilar Thein, one of the country's most prominent political prisoners.

The arrest -- and the huge increase in arrests over the past 30 days --
directly defies the UN Security Council's demand that the military regime
release all political prisoners, a call that was made on October 11th,
2007 in a Security Council President Statement.

Pasted below are the 2007 call by the Security Council and an article that
she wrote while hiding from Burma's military regime that was published in
The Nation -- Thailand's leading English-language newspaper.

In an article that Nilar Thein wrote for The Nation Newspaper while in
hiding in Burma, she called on the UN Security Council to take action,
saying, "The appeasement policy of some bureaucrats is shameful. Effective
and urgent action from the UN Security Council is necessary to help the
women in Burma. No more debate. Take action."

Contact: Jeremy Woodrum, (202) 234-8022