BurmaNet News, October 7, 2008

[Editor]

October 7, 2008 Issue # 3572


INSIDE BURMA
Irrawaddy: NLD seeking to negotiate ‘democratic reforms’
Irrawaddy: U Gambira ill; misses court date
BBC Burmese: KNPP denies cease-fire rumors
DVB: 88 Student members appear in court
Xinhua: Myanmar media stress important role of teachers
Mizzima News: Soldier commits suicide after allegedly killing commander:
eyewitness

ON THE BORDER
DPA: Myanmar army moves against refugees, aid organization says

BUSINESS / TRADE
Xinhua: Bangladesh to procure 100,000 tons of rice from Myanmar

ASEAN
Myanmar Times: ASEAN to crack down on antique smuggling

REGIONAL
VOA: Top Burmese junta leader arrives in Bangladesh for talks
Kaowao News: Malaysia: Mon labour rights promotion network formed

INTERNATIONAL
Reuters: U.N. chief Ban may drop plans for Myanmar visit
Irrawaddy: Credential challenge to continue, say exiled MPs

OPINION / OTHER
The Lancet (US): Blocking humanitarian assistance: a crime against
humanity? – John D Kraemer

INTERVIEW
DVB: U Win Tin resumes work with NLD

____________________________________
INSIDE BURMA

October 7, Irrawaddy
NLD seeking to negotiate ‘democratic reforms’ – Saw Yan Naing

The National League for Democracy (NLD) is seeking to negotiate
“democratic reform” with the Burmese generals if they will establish a
constitution review committee, a NLD spokesperson said on Tuesday.

“If we get those chances, we will hold bilateral negotiations and go on
based on our agreement,” said Nyan Win, an NLD spokesperson. “Our idea is
for ‘democratic reform.’ We willingly want to negotiate with them
[authorities].”

Other NLD members said that if the military government is willing to
review the constitution, the opposition NLD party may be willing to take
part in the national elections in 2010.

The junta held a referendum in May on the constitution, which was drafted
by its hand-picked delegates. After the referendum, it announced that more
than 92 percent of the voters approved the constitution. Critics and
opposition groups inside and outside the country called the constitution
and referendum a sham.

The constitution guarantees the military continues to dominate the
country’s political future by assigning its own representatives seats in
the people’s parliament without contesting in elections.

On September 22, the NLD released a statement calling for a review of the
constitutional process, calling the draft constitution “one-sided” and
lacking the participation of the 1990-elected members of parliament.

Nyan Win did not discuss any details it might propose regarding the
constitution. The Burmese authorities have not responded to the request

Some observers said they were pessimistic the junta would review its own
constitution.

Cin Sian Thang, the chairman of the Zomi National Congress, said he didn’t
think the generals would agree to a review because they are in the middle
of their “seven-step road map” to democracy.

“Even if we [ethnic leaders and NLD leaders] didn’t agree with the junta’s
road map, they [Burmese authorities] are likely to continue. If they
finish their process, the situation in Burma will only worsen,” he said.

The UN Special Envoy Ibrahim Gambari earlier this year also asked the
junta to review the constitution but Information Minister Brig-Gen Kyaw
Hsan told the envoy in March, “It is impossible to review or rewrite the
constitution which was drawn with the participation of delegates from all
walks of life.”

Thakin Chan Htun, a veteran Burmese politician in Rangoon, said the
general election should be free and fair and the detained democracy leader
Aung San Suu Kyi should be allowed to participate.

To be a free and fair election, he said, the junta should first release
all political prisoners including Aung San Suu Kyi.

All Burmese citizens should be allowed to vote in the multi-party election
and the international community, including UN representatives, foreign
observers and journalists, should be allowed to freely report on the
general election, said Thakin Chan Htun.

The state constitution is step three of the regime’s seven-step “road
map.” The fifth-step is the 2010 general election.

On September 25, after releasing a statement calling for a review of the
constitution, the NLD was warned by the head of Burma’s police, Brig-Gen
Khin Yi, to withdraw the statement. The authorities said it might motivate
citizens to undertake activities critical of the military government and
undermine the security of the state.

The NLD, the main opposition party in Burma, won a landslide victory in
parliamentary elections in 1990. However, the current Burmese government,
led by Snr-Gen Than Shwe, ignored the election results and refused to
transfer power to Suu Kyi’s NLD.

____________________________________

October 7, Irrawaddy
U Gambira ill; misses court date

Ashin Gambira, the detained leader of the All Burmese Monk’s Alliance
(ABMA), did not appear for trial on Monday because of illness, his lawyer
said on Tuesday.

The lawyer, Khin Maung Shein, told The Irrawaddy that Ashin Gambira is
reportedly sick and receiving medical treatment in Rangoon’s notorious
Insein Prison hospital.

 “We do not know what kind of illnesses he is suffering, but he looked
frail during his previous trail and he suffered from nausea,” Khin Maung
Shein said.

Ashin Gambira is one of the monks who organized the 2007 pro-democracy
uprising. After security forces brutally suppressed peaceful
demonstrations on September 26-27, he was arrested and subsequently
disrobed by authorities without consultation with the Sangha institution.

Ashin Gambira has been charged with nine separate criminal offenses by the
military court. The charges include: State Offence Act 505 A and B,
Immigration Act 13/1, Illegal Organization Act 17/1, Electronic Act 303 A
and Organization Act 6, generally having to do with threatening the
stability of the state.

The ABMA led thousands of monks and civilian protesters in street
demonstrations last year in Rangoon and other cities. The military
authorities’ bloody crackdown officially left at least 10 people dead,
although human rights groups say up to 31 protesters may have been killed
while thousands of monks and civilians were arrested and detained.

Meanwhile, relatives of student activists from the 88 Generation Students’
Group who were arrested for their involvement in last year’s protests have
asked prison authorities to notify them when a detained family member is
scheduled to stand trial.

In late August, the 88 Generation Students’ Group asked military
authorities to allow family members to enter the courtroom and to allow a
defendant to appear in court without handcuffs and in the presence of
witnesses during a court hearing, in accordance with international laws.

Military authorities reportedly agreed to allow family members to enter
the courtroom, but the agreement broke down on Friday when some family
members were denied access to a courtroom.

“We were ordered by prison authorities on Friday not to come to the court
anymore,” said Win Maung, the father of Pyone Cho, a student leader of the
88 Generation Students’ Group. “We are disappointed about this, and we
have verbally appealed to the prison authorities to allow us to see our
children and friends in prison.”

“We plan to summit an appeal letter if they do not take our informal
request seriously,” he said.

____________________________________

October 7, BBC Burmese
KNPP denies cease-fire rumors

One of the largest insurgent groups in Burma denied rumors that they are
working out cease-fire agreement with the military government.

KNPP military cheif General Be Htoo responed to a leaked telex between
military intelligence which suggesed some officials in KNPP are willing to
'exchange arms for peace' with SPDC.

He said KNPP is open to negotiation but will not give up their weapons as
demanded by the government.

SPDC has been trying to secure cease-fire agreements wih various insurgent
groups.

But KNPP has repeatedly said they will not surrender their weapons and
will continue fighting against the government.

____________________________________

October 7, Democratic Voice of Burma
88 Student members appear in court – Aye Nai

Prominent 88 Generation Student member Nilar Thein and other group members
attended a hearing in Insein prison's special court yesterday, according
to a source from the legal society.

The source said the defendants were brought to the court after they were
given breakfast at around 9.30am but the hearing did not start until
2.30pm.

"They were put into the court room and they had to wait until the hearing
started for a long time with no reason given," the source said.

"One of the group members, Ko Aung Thu, who has been in the prison
hospital, collapsed after he was forced to sit in the room for a long
time."

The source said a doctor arrived at around 2.40pm and took Aung Thu back
to the hospital.

____________________________________

October 7, Xinhua
Myanmar media stress important role of teachers

Myanmar official media Tuesday stressed the important role of school
teachers in producing human resources capable of facing and overcoming the
challenges of knowledge age in the 21st Century.

In its editorial, the state-run New Light of Myanmar called for efforts to
assign enough teachers in every region including border areas and to
conduct more teachership and management courses.

Pointing out that high morale is primary in striving for all-round
development of youths, the editorial held that teachers are to train and
inculcate the students with knowledge, education and skill as well as with
the habit of helping and understanding others and observing ethics and
morality.

Under a 30-year long-term education promotion plan, the editorial urged
all teachers to teach, train and nurture the students like their own
children, saying that only then will qualified intellectuals and
technocrats capable of serving the national interest.

Meanwhile, Myanmar education authorities have also emphasized the need for
rural schools in the country to strive for keeping pace with urban ones to
reduce the development gap of education between the two areas, urging the
teachers to make their utmost in the aspects.

According to official statistics, 86.41 percent of basic education schools
are in rural areas with 68.25 percent of students being rural people.

As of 2007, the number of basic education schools in Myanmar amounted to
40,553 with the number of teachers registering 260,000 and that of
students 8.83 million. Multi-media classrooms stood 1,694 in number as of
the same period, statistics indicate.

More figures reveal that there were 64 universities and colleges in the
country with 520,000 higher education students up to the period.

____________________________________

October 7, Mizzima News
Soldier commits suicide after allegedly killing commander: eyewitness –
Myint Maung

A soldier from the Burmese Army's Light Infantry Battalion (LIB) 757 based
in Hmawbe Township of Rangoon Division, reportedly committed suicide on
Saturday after allegedly killing his commander, local residents said.

A resident of Oat Pho Township in Pegu Division, who claimed to witness
the ensuing standoff among soldiers in nearby Aye Mya Thar Yar Village,
said Private Kyaw Shwe Maung committed suicide on Saturday evening as he
was cornered by fellow soldiers for allegedly killing his captain.

According to the witness, Kyaw Shwe Maung fled his battalion on Saturday
evening after allegedly killing his captain. However the accused ended up
cornered in an electricity transformer building after several soldiers
based in surrounding areas including those from LIB 707, LIB 35, LIB 6,
LIB 4 and LIB 5 along with local police stopped him as he was trying to
escape on a motorbike.

"He shot more than ten times into the sky and took shelter against the
transformer boxes," related the resident, who claims to have rushed to the
scene along with several other local residents.

The local said there was a brief shoot-out between the accused and an
officer who was leading soldiers from the Oat Pho-based LIB 707 in their
search. The officer was reportedly severely injured in the exchange.

The ensuing standoff persisted for several hours as soldiers feared they
might destroy the electric transformer. But at about 11 o'clock there came
the loud sound of repeated gunfire, and when a few soldiers went in they
found the Private dead with multiple bullet wounds, the local said.

"Soldiers recovered more than 170 bullets, hand grenades, a 9 mm pistol
and a rifle from the private. They [the soldiers] took the body and buried
it in nearby Pyidawthar Village," he added.

Another local resident of Oat Pho, when contacted by Mizzima, said she
also heard of the incident but had not gone to witness the events, as she
feared for her safety.

Similarly, a shopkeeper in Pyi, about 70 miles north of Oat Pho, said she
also heard of the incident as she was returning from Rangoon on Saturday
evening.

"As I was returning from Rangoon, soldiers stopped and searched all buses
at Latpadan Town. The soldiers were saying that they were looking for a
defector," she added.

Latpadan lies on the Rangoon-Pyi highway and is about 85 miles north of
Rangoon and about 15 miles south of Oat Pho, where the incident took
place.

She added that according to the soldiers and other rumors, the soldier was
defecting from his base in Hmawbe after killing his commander. Soldiers
from various battalions joined in the search of surrounding areas.

However, the local police station in Oat Pho was unavailable for comment.

The local witness, citing rumors spreading among the soldiers, said
Private Kyaw Shwe Maung, an ethnic Arakanese, had allegedly killed his
captain for abusing his social rights. But details of the case cannot be
verified.

____________________________________
ON THE BORDER

October 7, Deutsche Presse-Agentur
Myanmar army moves against refugees, aid organization says

Myanmar's army and their allies the Democratic Karen Buddhist Army (DKBA)
have launched an offensive against Karen refugees in the border region
with Thailand, an aid organization said Tuesday. Speaking from the border
town Mae Sot in northern Thailand, Help Without Frontiers, an
Italian-based organization aimed at helping refugees of the long-running
Karen insurgency, said several villages have been overrun already.

"The villagers are chased, rice barns and food are sequestered or
destroyed, large cornfields are burned as well as several houses in
different villages," the NGO said in a statement.

Five schools and two hospitals the organization was operating in the
region with donations from Europe had to be closed. The helpers were still
trying to treat the often heavily injured victims despite the fighting.

Myanmar's army was moving against members of the Karen ethnic minority
with the aid of the DKBA, a breakaway from the Karen National Union (KNU),
a rebel group that has been fighting for the autonomy of the Karen State
for the past six decades.

In an attempt to escape the violence many fled to the border region with
Thailand. The organization accused Thai authorities of driving back
refugees across the border, after Myanmar soldiers and militiamen crossed
into Thailand and committed acts of violence.

"And the international community is silent," noted the NGO.

____________________________________
BUSINESS / TRADE

October 7, Xinhua
Bangladesh to procure 100,000 tons of rice from Myanmar

Bangladesh will procure 100,000 tons of rice from Myanmar on a regular
basis as Dhaka mooted several proposals to expand bilateral trade and
economic cooperation with Yangon.

The proposals included a gas pipeline from Myanmar to produce fertilizer
in Bangladesh to meet Yangon's demand as well as contract farming by
taking lease of Myanmar's agricultural lands.

The propositions were made during official talks between Bangladeshi
caretaker government Chief Adviser Fakhruddin Ahmed and visiting
Vice-Chairman of the State Peace and Development Council of Myanmar Vice
Senior General Maung Aye.

During the talks the two leaders discussed early construction of a 23-km
road linkage inside Myanmar at a cost of 20.3 million U.S. dollars.

The Bangladeshi side proposed that the road linkage could be extended up
to China to establish a direct road connecting China, Myanmar and
Bangladesh. The Myanmar side said they would think about the proposal
since it requires funding.

Briefing reporters, Foreign Adviser Iftekhar Ahmed Chowdhury said, the two
leaders also discussed delimitation of maritime boundary. "Talks were
extremely fruitful," he said.

The two sides also focused on how to increase bilateral trade from current
140 million U.S. dollars to 500 million U.S. dollars as Myanmar showed
interest in importing more pharmaceutic products from Bangladesh.
Present volume of trade is tilted towards Myanmar.

Besides, the two sides discussed intensifying military to military
cooperation through training programs and exchange of visits between the
two countries.

An agreement on Avoidance of Double Taxation was signed after the meeting.

____________________________________
ASEAN

October 7, Myanmar Times
ASEAN to crack down on antique smuggling – Cherry Thein

MYANMAR is inviting other ASEAN members to come together to protect the
region’s cultural heritage – by cracking down on the illegal trade and
smuggling of antiques.

Myanmar is hosting a meeting of legal experts from ASEAN member countries
at Bagan from November 9 to 14 to zero in on the problem, said U San Win,
the director general of the Department of Archaeology at the National
Museum and Library.

“We will collaborate with ASEAN countries to ban illegal trading. If our
antiques make their way to their countries through illegal channels they
will return them to us, and when we find their antiques we will give them
back,” he said.

He said he expected the 10 ASEAN countries, which are each sending two
legal experts to the Bagan meeting, to come up with a memorandum of
understanding at the meeting.

“It is essential to protect our historical and cultural antiques, as well
as those of our neighbouring countries, because they are unique historical
and cultural treasures,” he said.

Myanmar had a two-track approach to the illegal trading of antiques, said
U San Win. As well as taking action against smugglers, they also rewarded
people who handed in antiques they find by chance.

“Some people find priceless objects while ploughing their fields or
digging in their gardens, and bring them in to us at the museum,” he said.

In these cases, the government shows its appreciation by granting a reward
worth 80 percent of the object’s estimated current value.

Despite the government’s efforts, illegal trading persists, he said. Those
in possession of objects they think might be valuable antiques should
consult with government experts before trading in them, he said.

____________________________________
REGIONAL

October 7, Voice of America
Top Burmese junta leader arrives in Bangladesh for talks

Burma's second ranking official has arrived in Bangladesh for talks that
will focus on border issues and a possible land leasing deal for
Bangladeshi farmers.

Vice Senior General Maung Aye brought an entourage of 55 officials with
him, including seven ministers, for the three-day visit.

During meetings with Bangladeshi officials the delegation will discuss sea
border issues, cross-border road projects and a plan to lease border land
to farmers in Bangladesh for cultivation.

The establishment of a cross-border road is expected to top the agenda.
The road is part of a plan to create an overland link between Bangladesh
and China.

____________________________________

October 7, Kaowao News
Malaysia: Mon labour rights promotion network formed

Migrant workers in Malaysia have formed a Mon Labour Rights Promotion
Network (MLRPN) on October 2, 2008 and elected a working committee to work
for the rights of migrant workers.

The special event for the undocumented workers, attended by 57
participants, elected nine leaders including Nai Htow Juan, Apar Mon, Siha
Raejae and Jarai Ong.

Even though some migrant workers have work permits with legal passports,
the Burmese government has not addressed the many problems their workers
face when applying for work and when working abroad.  Representing their
people's rights are essential to forming this network group to protect the
many thousands of migrant workers, said the new Director Nai Htow Juan.

The MLRPN said there are about 30,000 Mon migrant workers in Malaysia and
only five per cent have work permits.  Due to the poor economic prospects
in their own country and the human rights situation back home, many Mons
enter Thailand and Malaysia to work in 3D jobs.  Their positions vary from
working in restaurants, factories, construction sites and rubber
plantations.

Occasionally, migrant workers are arrested by immigration officers and ill
treated.  Unlike other workers from Indonesia and the Philippines, the
SPDC does not represent the rights of Burmese workers.

According to a government source, Malaysia wants to block foreign workers
whose numbers have reached nearly three million in the past decade where
many are working in the country illegally.  The government plans to apply
stricter standards for the hiring of foreign labour in order to reduce
their number to 1.8 million in the next year and to 1.5 million by 2015. 
It is estimated there are 500,000 to 700,000 illegal immigrants in
addition to more than two million legal foreign workers.

____________________________________
INTERNATIONAL

October 7, Reuters
U.N. chief Ban may drop plans for Myanmar visit – Claudia Parsons

U.N. Secretary General Ban Ki-moon said on Tuesday he would drop plans to
make a long talked-about visit to Myanmar unless he is confident it would
achieve tangible results in promoting democracy.

Ban has been asked by the U.N. Security Council to do his utmost to pursue
reforms in military-ruled Myanmar, which drew international condemnation a
year ago for a bloody crackdown on pro-democracy protesters led by monks.

Ban's special envoy, Ibrahim Gambari, made a sixth visit to the former
Burma in August, but failed to meet the 63-year-old Nobel peace laureate
Aung San Suu Kyi who has been under house arrest for most of the past five
years.

A visit by Ban has long been discussed but no date had been set. Ban made
a first visit to Myanmar after Cyclone Nargis in May to pressure the junta
to cooperate more with international aid workers.

Ban said he would remain "constantly and personally engaged" in Myanmar.

"I would be willing to (make) a return visit to Myanmar at an appropriate
time, but you should also know that without any tangible or very favorable
result to be achieved, then I may not be in a position to visit Myanmar,"
Ban told reporters.

"I'm now in the process of making some groundwork which may allow me to
consider my own visit, but ... I need some more time. I will have to
consider all the circumstances, (and) when would be appropriate timing for
me to visit," he said.

Western countries have condemned as a sham a May referendum on Myanmar's
army-drafted constitution, part of a seven-step "roadmap to democracy"
that is meant to culminate in multiparty elections in 2010 and end a
nearly 20-year political stalemate.

Gambari has met government officials on his visits to Myanmar but has made
little progress in promoting dialogue with Suu Kyi or the release of
political prisoners.

____________________________________

October 7, Irrawaddy
Credential challenge to continue, say exiled MPs – Lalit K Jha

The Members of Parliament Union (Burma), an exiled group of elected MPs
who are heading the campaign to challenge the credentials of the Burmese
military junta at the United Nations, have said that they are not deterred
by the initial negative response from the UN, and that they would
"intensify" their drive to have the junta denied recognition by the world
body.

In addition, the “credential challenge campaign” of the Members of
Parliament Union (Burma) has hired the services of two eminent US law
firms, which will aid and advise it on the legal path to be followed, said
Vice-president San San.

In his original letter to UN Secretary-General Ban Ki-Moon on September 8,
San San challenged the credentials of the military junta to represent the
people of Burma at the UN.

Asserting that the Members of Parliament Union (Burma) are the legitimate,
democratically elected leaders of Burma, San San said they had appointed
Thein Oo as their representative to the UN and as such he should be
considered Burma's Permanent Representative to the United Nations.

The office of the secretary-general responded to the letter about a
fortnight later, which was interpreted by many that the request had been
rejected by Ban.

However, a copy of a letter signed by a senior UN official on behalf of
the UN secretary-general indicates that Ban's office has raised technical
points regarding legal requirements.

"The secretary-general's role is limited to a technical role in reviewing
the formal criteria for credentials set forth in the Rules of Procedure,”
said the senior official.

The procedure for the execution, submission and examination of credentials
of representatives is set out in rules 27 through 29 of the Rules of
Procedures of the General Assembly.

Rule 27 provides inter alia that "the credentials of representatives and
the names of members of a delegation shall be submitted to the
Secretary-General,” while Rule 28 provides that a committee “shall examine
the credentials of representatives.”

"As such, the Secretary-General has decided not to take any action on your
letter as it does not comply with the formal legal requirement set out in
rule 27," the letter said.

"The Secretary-General, however, has taken note of the contents of your
letter which together with its attachments, will remain on file with the
Office of Legal Affairs, available for perusal by any member of the
Credentials Committee at their request," the UN official said.

Members of Parliament Union (Burma) Secretary Ko Ko Lay said members of
the campaign committee are not at all disappointed with the response from
the UN.

He said that his team was now aided by a battery of eminent attorneys who
were looking into how they can fulfill the legal requirements set out in
rule 27.

"Credential challenge is only the first step in a new initiative to use
all available international legal and political mechanisms to challenge
the legitimacy of the regime and bring to light the multitude of abuses
the regime commits against Burmese people," he said.

Encouraged by the support the Credential Challenge Campaign has been
receiving from the international community, especially from Western
nations, Ko Ko Lay said he was hopeful that they could achieve their goal
within a few years.

At the same time, he conceded that none of Burma’s neighbors have been
willing to support the committee on the issue.

____________________________________
OPINION / OTHER

October 7, The Lancet (US)
Blocking humanitarian assistance: a crime against humanity? – John D Kraemer

In May, Cyclone Nargis left nearly 140 000 people dead or missing
in Burma, while the Government severely restricted international
assistance.1 More recently, Zimbabwean President Robert Mugabe cut off
international assistance, apparently to manipulate an election but leaving
millions without food aid or medical care.2 The global community has a
long and sad history of exalting human rights in the abstract but failing
to protect them in practice. When political leaders wilfully block vital
humanitarian aid to their people, they violate international human rights
and potentially commit a crime against humanity. Such violations give the
international community a legal right of intervention, with force if
necessary. While intervention is best pursuant to authorisation from the
UN Security Council, without such authorisation regional organisations or
individual nations should prioritise the survival of large populations
over the sovereignty claims of despotic leaders.

Can a right to health overcome barriers of national sovereignty? Human
rights prevent states from claiming that systematic maltreatment of their
nationals is exclusively a domestic concern. International law holds the
state accountable for safeguarding the human rights of its people, and
legitimises the actions of the international community to monitor and
redress violations. This view was affirmed in the UN Charter, which
proclaimed the UN's mission as solving international humanitarian concerns
through international cooperation.3

The International Covenant on Civil and Political Rights guarantees the
right to life, and the International Covenant on Economic, Social, and
Cultural Rights codifies the right to health. Neither has been signed by
Burma, although Zimbabwe has signed both but respected neither.
Nonetheless, the rights to life and health are so widely accepted that
they are part of international customary law. WHO's Constitution also
requires nations to seek to attain the highest possible level of health
for all peoples.4 But it stops short of mandating countries to accept
international aid during crises.

The right to health requires states to respect, protect, and fulfil basic
health needs. This demands, at the least, the bare minimums to ensure
survival, including medical aid and supplies, potable water, and food for
the most vulnerable populations.5 During crises, countries have limited
capacity to secure these public goods, but international law requires
cooperation with the international community to meet these obligations.
Additionally, the right to life is a non-derogable right, and even the
most hardened isolationist regimes must respect it.

Even governments as repressive as Burma and Zimbabwe have ratified the
Convention on the Rights of the Child (CRC), which recognises the rights
to health and life, and demands international cooperation. The CRC
requires states to ensure to the maximum extent possible children's
survival and development, including access to basic determinants of
health. Moreover, signatories must "promote and encourage international
cooperation with a view to achieving progressively the full realization of
the right".6 Consequently, they cannot invoke sovereignty to belie
obligations to secure the health and wellbeing of their children. Humanity
knows no borders and, though imperfect, human-rights laws should be
applied vigorously to secure health and life during intentionally
exacerbated public-health emergencies.

International crimes-which include genocide, war crimes, and crimes
against humanity-are breaches of international norms that result in
individual liability. The primary purpose of international criminal law is
to bring the perpetrators of international crimes to justice. But when
officials commit atrocities, the international community should not remain
idle. If leaders act, or fail to act, in ways that will lead to widespread
death-and then block those who seek to prevent it-they commit a crime
against humanity and intervention is appropriate.

Assessing a county's response to crises under a lens of preventing
potential crimes against humanity proffers a useful and pragmatic
standard. Generally, crimes against humanity are particularly serious
attacks on human dignity. A finding of such crimes rests solely on the
widespread or systematic practice of atrocities. Unlike war crimes, crimes
against humanity may be committed during times of peace. And unlike
genocide, crimes against humanity do not require a special intent to kill
on account of group status. Perpetrators need only act with the wilful
intent to inflict widespread or systematic harm on their victims-a bar
that is readily met when officials block assistance to large populations
with vital need.

Crimes against humanity require the infliction of "great suffering, or
serious injury to body or to mental or physical health"-or extermination.7
Both acts that directly inflict injury and refusals to act can constitute
a crime. In 2003, the International Criminal Tribunal for the Former
Yugoslavia found a physician guilty of extermination for the treatment of
prisoners during the 1990s' Bosnian-Serb conflict, including for
"conditions imposed on a [prisoner] whose health was fragile, [which]
alone would inevitably cause his death".8 The Court held that it was not
only the resultant deaths but also the creation of conditions leading to a
large number of deaths that justified a conviction. Accordingly, where
governments block food, medical supplies, and health care to meet basic
survival needs, preventing atrocities is consonant with securing the right
to health.

Does international law permit humanitarian intervention? During
humanitarian crises, the desire for assistance by the affected country
almost invariably exceeds its available resources. Thus the normal crisis
model is to request assistance from donor countries. However, when
official conduct constitutes a crime against humanity, either by refusing
aid to those in need (as in Burma) or actively creating a humanitarian
emergency (Zimbabwe), ameliorating the emergency may require foreign
intervention without host-country consent.

The UN Charter prohibits countries from intervening "in matters which are
essentially within the domestic jurisdiction" of another state.3 However,
under modern conceptions, sovereignty inheres in the people, not the
government, so a government's sovereign authority is conditional on
refraining from grievous violations of human dignity.9 Thus sovereignty
yields to human rights when a government has wilfully taken steps to cause
death or widespread suffering.

Non-consensual intervention to relieve grave humanitarian need would
likely require military force or its threat if relief efforts were
resisted or endangered. This point subjects humanitarian intervention to
the body of use-of-force law that prohibits the use or threat of force
"against the territorial integrity or political independence of any state,
or in any other manner inconsistent with the purposes of the United
Nations."3

Intervention sanctioned by the UN Security Council to ameliorate a crime
against humanity would be legal. The Charter permits the Council to
authorise intervention if a crisis poses a "threat to the peace, breach of
the peace, or act of aggression".3 Threats to the peace extend beyond
armed attack and include widespread suffering and crimes against humanity.
This was the basis of the Council's determination in 1992 that the "human
tragedy" of famine in Somalia, exacerbated by deteriorations in that
country's stability, posed a "threat to international peace and security"
even though the effects of the crisis were not significantly felt outside
of Somalia.10 Upon a subsequent finding that non-forcible measures were
unlikely to succeed, the Council authorised an American-led contingent to
ensure delivery of humanitarian aid to starving Somalis.10

A 2005 resolution of the UN General Assembly reiterated the Council's
power to act when governments "manifestly fail to protect their
populations from...crimes against humanity" if peaceful means cannot avert
the crisis.11 This authority would permit limited interventions, such as
airdrops, but, if necessary, would permit broader Somalia-style "boots on
the ground" interventions.

Unfortunately, the Council is often paralysed by its five permanent
members' ability to veto initiatives, necessitating examination of the
legality of unilateral or coalition interventions. Notably, the Charter
prohibits force only where "inconsistent" with UN purposes and when used
against the "territorial integrity or political independence of any
state". "Territorial integrity" refers to shifting international borders,
and "political independence" to states gaining control of other's
political machinations. Intervention solely to stop a crime against
humanity infringes on neither of these, so it does not fall within the
Charter's force prohibition. Furthermore, humanitarian intervention is
within the principles of the UN, because the Charter's dual purposes are
preserving peace and promoting human rights.12

Additionally, international law requires the existence of grave violations
of human rights, an exhaustion of non-forcible responses, and the
unavailability of UN-sanctioned action. The response must be
proportionate-no more than necessary to achieve humanitarian ends-and it
must not interfere unnecessarily with a country's self-determination.
Finally, the interveners must disengage upon securing fundamental rights
and report their actions to the Security Council.13

Nations should be justifiably cautious about using or threatening
intervention to stop crimes against humanity. Policy makers must carefully
consider risks to relief workers, civilians, and troops, as well as the
danger of complicating future health-promotion activities. Forced
intervention is a complex policy question, but blanket rejection may
condemn innocent civilians and prevent deterrence of crimes against
humanity. Where leaders engage in intentional acts of cruelty toward their
populations, wealthy nations should be prepared to intervene beyond their
borders to safeguard health and human rights.

We declare that we have no conflict of interest.

____________________________________
INTERVIEW

October 7, Democratic Voice of Burma
U Win Tin resumes work with NLD – Yee May Aung

Former political prisoner U Win Tin returned to work with the National
League for Democracy yesterday, less than two weeks after his release from
prison. U Win Tin had been held for more than 19 years when he was
released on 23 September. In an interview with DVB the day before his
return to work, U Win Tin said he was happy to do whatever duties the
party demanded of him and called for engagement and discussion between all
organisations and parties.

“Although there have been some differences due to political changes, I
have stood up for the NLD all along. I have always believed that an
organisation like the NLD should never veer or collapse, which is why I
said all along that people help the NLD.

“When I came out [of prison], I didn't know where I would stand with the
NLD; I didn't know whether I had been expelled from party membership or
suspended from my duty. But I said openly I would fulfill my duty wherever
I am. After that the Central Executive Committee made me some offers. I
accepted them, as I have been outside for two weeks. I will learn what I
have to learn and ask what I have to ask.”

DVB: What position are you taking up in the NLD?

“Some newspapers have said that U Win Tin was given back his original
position, as originally I was a member of the secretariat. I don't want to
do that. This is a very important period, where we need to be very united.
I don't accept the need for two secretaries, I am only going to be in the
CEC. I am not going to take up the secretary duty. Let U Lwin do it. Let U
Aung Shwe be the chair. I will carry out my duties below them as best I
can.

“As for what I will do in the future, that depends on the duties given to
me by the party. More than what I want to do in the party, I want to carry
out the duty given by the party. I have my own imaginations, my own
desires, plans I want to carry out. I will express them gradually for
acceptance or refusal. At this time, it is very important to be united. It
is also time for the leaders to be united also. At this juncture, I don't
want to put forward my desire and what I want to do. I will do in
consultation."

DVB: Could tell us what your aims are?

“People are very afraid now. People are being oppressed, barred, hampered,
persecuted in every way. People are living in fear, alarm, dejection and
hopelessness, lacking in vitality and sharpness, both in the party and
within the general population. If we can, we have to try hard for a while
to reconnect with the people.

“Inside the party I want people to discuss among themselves, and between
parties and organisations. To be patient with each other, to share their
views, to change each other's attitudes, to link hands and interconnect. I
will strive for this, not only within my party, but also with ethnic
nationalities and other political parties. To give an extreme example, I
even want to connect with parties like the National Union Party. We might
have the same political views, if we have democratic rules and few
boundaries, they will be able to move and we will also be able to move. So
I will build links.

“Another thing is the matter of political prisoners. Although we have
always aimed for the release of political prisoners, I want to raise the
profile of this a little bit. For example, I will go to Min Ko Naing's
house and the houses of those who died in prison. In the relationships
inside and with the international community, they are being held hostage.
The release of these people is very important. I want to raise its
priority a bit more as a campaign.

“Thirdly, I want to concentrate on dialogue. We have been trying for over
20 years. To this day, we have still not reached the stage of genuine
dialogue. We should accelerate the movement for dialogue.”

DVB: What message do you want to send to the NLD and the public when you
return to work?

Win Tin: “I don’t have much to say. To the party members, I would say the
reason I am here is because I have a job to do. I am just carrying out the
party's duty. I don't want to change or walk over the people who have been
carrying out party duties [since my arrest]. I am here because I want to
make our people work together. I don't really want to talk about our
policies or path because they are already there. I am in position to just
carry on. The current NLD position is so good that all I need to do is to
continue to carry out the NLD policies.

“What I do have little bit extra of is the desire for unity. The other
policies are the same. What I want to say is, I am coming to work for
unity and to shape this unity. Fly the spirit of unity high. Fly the
victorious flag of unity.”