BurmaNet News, June 11, 2009

[Editor]

June 11, 2009, Issue #3732


INSIDE BURMA
UPI: Suu Kyi trial may last two more weeks
AP: Lawyers for Myanmar's Suu Kyi file witness appeal
DVB (radio): Youths in Zigon, Pegu Division, are starting a T-shirt
campaign for the release of National League for Democracy leader Daw Aung
San Suu Kyi
AFP: Myanmar's Suu Kyi hits out over guarded home: lawyer

ON THE BORDER
BBC News: Burma's Karen unable to return home
DVB: Burmese shells land on Thai soil
DPA: Myanmar imposes condition to repatriate Rohingyas from Bangladesh

INTERNATIONAL
Reuters: France, Germany deplore Myanmar attitude
AFP: EU concerned at Myanmar army offensive on Karen rebels
Irrawaddy: UN urges focus on education, as donors express misgivings

OPINION / OTHER
DVB: Impunity bars justice for Burmese ethnic groups – Aung Htoo
Irrawaddy: Being a defense lawyer in Burma is a risky business – Min Lwin
Nation (Thailand): Reasons why Thailand can't push Burma too far – Supalak
Ganjanakhundee




____________________________________
INSIDE BURMA

June 11, United Press International
Suu Kyi trial may last two more weeks

Myanmar opposition leader Aung San Suu Kyi's lawyers will ask the Supreme
Court to reinstate both her witnesses at her trial, her party said.

Only one witness has been allowed by the prosecution at her trial, which
is expected to last another two weeks, CNN reported.

Suu Kyi, who has already spent 13 of the past 19 years under house arrest,
is on trial in the military junta-ruled country, formerly called Burma, on
charges of violating her confinement.

A pending Supreme Court petition will prevent the trial court from making
its ruling, Suu Kyi's spokesman was quoted as saying.

The 64-year-old democracy activist is accused of offering temporary
shelter to American John William Yettaw, who swam to her lakeside home May
3, CNN said. Suu Kyi has said she doesn't know Yettaw and denied any
wrongdoing.

Critics have said the trial is only an excuse to further extend her
confinement.

Closing arguments at the trial are set for Friday, and if convicted, Suu
Kyi could receive a sentence of up to five years in prison, the report
said.

____________________________________

June 11, Associated Press
Lawyers for Myanmar's Suu Kyi file witness appeal

Lawyers for jailed opposition leader Aung San Suu Kyi filed an appeal
Thursday to Myanmar's High Court to reinstate two key defense witnesses in
a case that could put her in prison for five years.

Suu Kyi gave her legal team instructions to pursue a second appeal during
a 90-minute meeting Wednesday at Insein Prison, where she is being held
while on trial on charges of violating the terms of her house arrest,
lawyer Nyan Win said. The charges stem from the surprise visit of an
American man who swam across a lake to her house.

The District Court trying Suu Kyi allowed only one of four defense
witnesses to take the stand. On appeal, the Yangon Divisional Court on
Tuesday ruled that a second witness could be heard. Two senior members of
Suu Kyi's National League for Democracy party remain barred from giving
testimony.

Suu Kyi "told us to see it through to the end as the ruling is legally
wrong," Nyan Win said.

The Nobel Peace Prize laureate also told her lawyers that she believes the
case against her is "politically motivated" but that this wouldn't stop
her from continuing her fight for democracy, he said.

"She said she is engaged in politics due to her political belief and
commitment," Nyan Win said. "She would not be doing politics if she were
afraid of the consequences."

The High Court initially set a hearing for June 17 to decide whether to
allow the second appeal but later said no date had been decided, Nyan Win
said.

He also accused the government of trying to pressure Suu Kyi's defense
team, saying that the wife of lawyer Hla Myo Myint who worked as a civil
servant was suddenly dismissed from her job Tuesday.

"No reason or explanation was given for the dismissal. This clearly shows
that there is no rule of law," Nyan Win said. The dismissal could not
immediately be confirmed because government offices are not allowed to
speak to the media.

Suu Kyi is charged with violating terms of her house arrest because an
uninvited American man swam secretly to her closely guarded lakeside home
last month and stayed two days. If convicted, she faces up to five years
in prison.

It is widely expected that Suu Kyi, 63, will be found guilty because
courts in Myanmar are known for handing out harsh sentences to political
dissidents.

The hearing has drawn outrage from the international community and Suu
Kyi's local supporters, who say the military government is using the
bizarre incident as an excuse to keep the pro-democracy leader detained
through next year's elections.

President Barack Obama's choice for the top U.S. diplomat in East Asia
said the outcome of Suu Kyi's trial would be a major consideration as
Washington decides whether to relax its long-standing policy of isolation
against Myanmar.

Kurt Campbell told U.S. lawmakers at his Senate confirmation hearing that
Myanmar's heavy-handed treatment of Suu Kyi hindered any effort to change
course and engage the junta.

He said the junta's trial of Suu Kyi was "deeply, deeply concerning, and
it makes it very difficult to move forward."

It was not clear if another appeal for more defense witnesses, which could
cause further delays in the proceedings, would be accepted. Closing
arguments that had originally been scheduled for June 1 were postponed by
the court without explanation until June 5 and were delayed again by the
first appeal for more witnesses.

Since at least one extra witness now must be heard, no new date has been
set for closing arguments.

Nyan Win said Tuesday that he did not expect a verdict for at least two
more weeks.

The uninvited American visitor, John Yettaw of Missouri, and two women who
live with Suu Kyi are being tried on the same charge.

Suu Kyi's party won the country's last elections in 1990 but was not
allowed to take power by the military, which has run the country since
1962. She has been under house arrest for more than 13 of the past 19
years.
____________________________________

June 11, Democratic Voice of Burma (radio)
Youths in Zigon, Pegu Division, are starting a T-shirt campaign for the
release of National League for Democracy (NLD) leader Daw Aung San Suu Kyi
– Ko Nay Htoo

Wearing white T-shirts emblazoned with a dove and the word "Free" written
in red paint in front and "Peace" at the back, several youths and members
of the NLD Women Wing went around Zigon town to display their beliefs.

[Unidentified male] There were only about ten of us at first. This is
because we have to pay for the printing cost and the price of the T-shirt
out of our meagre income. When other young people saw us, they wanted to
know what it meant and we explained that the word, "Free" was to call for
the freedom of Daw Aung San Suu Kyi

and "Peace" was in support of national unity. I told them that there is no
unity in our country and we want hostilities to cease because battles are
being fought with the Karens and between the Wa and the SSA [Shan State
Army]. Young people became interested and they wanted to wear them also.
But, we do not have any T-shirts to spare.

[DVB] That was a youth who is leading the campaign. He said the campaign
is initiated to urge the SPDC [State Peace and Development Council]
authorities to release Daw Aung San Suu Kyi and cease hostilities with
ethnic nationalities. He added that youths who joined the campaign did not
belong to any political organization but were simply duty-bound young
people who want justice and peace and whose parent are common people.
[Passage omitted]

These youths do not go around demonstrating or chanting slogans. Every
day, they can be found wearing T-shirts in public places like markets,
teashops, and on the streets.

The same youths were investigated by the authorities because they
supported the monks during the "Saffron Revolution". They are now being
watched by the authorities again. But, they are brave and are doing the
right thing. We are encouraged by them, said a resident of Zigon.

Members of the NLD Women Wing have also joined the T-shirt campaign.

____________________________________

June 11, Deutsche Presse-Agentur
Myanmar imposes condition to repatriate Rohingyas from Bangladesh

Yangon on Thursday said it would consider the repatriation of Rohingya
refugees from Bangladeshi camps if Dhaka provided proof that the migrants
were Myanmar nationals.

"We will think of rehabilitating them if Bangladesh provides strong
evidence that they are citizens of Myanmar," Phae Thann Oo, the Myanmar
ambassador in Dhaka said concerning the Rohinjyas, a Muslim minority from
Myanmar's Rakhaine state.

Bangladeshi Foreign Minister Dipu Moni who also attended the discussion
said that repatriation of Rohingya refugees was a "three-decade-old
crisis" and an attempt was made to solve the problem through diplomatic
channels in late 1970s.

An agreement between Bangladesh and Myanmar was signed to this effect on
July 9, 1978 after the first influx of Myanmar nationals into Bangladesh,
she said.

During her visit to Myanmar in May, Dipu Moni requested Yangon to resume
repatriation of the Rohingyas from Bangladeshi camps.

The junta government has suggested neighbouring Bangladesh send a list to
help resume the process stalled for more than five years.

The minister said after the second influx in 1991-92 of some 300,000
Rohingyas into Bangladesh, the government repatriated 236,600 of them with
the help of the United Nations High Commission for Refugees.

She added that there has been no progress over the last few years in the
repatriation of some 22,000 refugees living in two camps near the city of
Teknaf and the city of Cox's Bazar in the country's south-east.

In addition to this, a large number of Myanmar refugees are living outside
the camps illegally, she said, stating that estimates of their number
range from 200,000 to 400,000.

"In the spirit of good neighbourly relations, Myanmar should take the
refugees back after creating a congenial atmosphere so that once the
refugees are repatriated, they will be encouraged to stay on in their
country," the minister said.

____________________________________

June 11, Agence France Presse
Myanmar's Suu Kyi hits out over guarded home: lawyer

Myanmar pro-democracy icon Aung San Suu Kyi is dissatisfied that her
lakeside home is still guarded by authorities despite her house arrest
officially ending in May, a lawyer said Thursday.

The Nobel laureate, currently held in Yangon's notorious Insein prison,
said friends had been denied access to her residence despite the fact that
police told her in May that the house arrest had been cancelled.

The 63-year-old is on trial for breaching the terms of her house arrest
following a bizarre incident in which a US man swam to the property in
May. She faces up to five years in jail if convicted.

"She is not very satisfied," said Nyan Win, one of her three lawyers and
the spokesman for her National League for Democracy (NLD), after meeting
with the opposition leader inside the prison on Wednesday.

"She said that her house arrest ended on May 26, but her friends are not
allowed to go into her house for cleaning. Security staff said they are
still waiting for permission from their superiors," Nyan Win told AFP.

Aung San Suu Kyi has spent 13 of the last 19 years in detention since
Myanmar's military junta refused to recognise the NLD's landslide victory
in the country's last elections, in 1990.

She has spent most of that time in virtual isolation at her house, where
the regime has allowed her visits from only a handful of people including
her doctors and lawyers.

Nyan Win said her legal team planned to lodge a high court appeal to allow
two further defence witnesses at her trial, after Aung San Suu Kyi
instructed them to push ahead with the move during the prison visit.

A lower court on Tuesday overturned a ban on her having a second defence
witness to testify -- one legal expert has already given evidence -- but a
ban on two other witnesses was upheld.

"We are preparing to submit an application to the high court today. If our
paperwork is completed today, we can submit it," Nyan Win said.

The two barred defence witnesses are Win Tin, a dissident journalist who
was Myanmar's longest serving prisoner until his release in September, and
Tin Oo, the detained deputy leader of the NLD.

The trial, which has drawn a storm of international protest, is due to
resume for a procedural hearing on Friday.

____________________________________
ON THE BORDER

June 11, BBC News
Burma's Karen unable to return home

More than 4,000 ethnic Karen in eastern Burma have fled to Thailand after
renewed fighting between Burmese government forces and Karen rebels.

Many of those who have fled over the past week were living at the Ler Per
Her camp for internally displaced people in Burma - and had already left
their home villages.

Rainbow, who is the secretary of the camp and the headmaster of the school
there, told the BBC News website about what is forcing the Karen to flee
and the difficult circumstances they now face:

Last week government troops attacked our camp. They were shelling every
day. The fighting between the Burmese army and the Karen rebels was taking
place close to the camp. It became a dangerous place. So we decided to
leave.

There were 1,264 people living in the camp. Since October 2008 we've had
about 300 new arrivals.

The Democratic Karen Buddhist Amy (DKBA) [allied to the Burmese army] have
been trying to force people in the area to join them in the last few
months.

They wanted to be in control of the area and they needed more people.

In order to put pressure on villagers they put mines close to rice fields.
To avoid being recruited to the army, many have abandoned their homes and
farms and gone to live in camps for internally displaced people.

Farms are abandoned and homes burnt down.

No place to go

There are over 3,000 people now in different places on the Thai side of
the border.

There are more than 1,000 of us in this village. We are being taken care
of for now, but it's really difficult as there are too many people and not
enough accommodation. It's very crowded and it's constantly raining.

But there's nothing we can do. We are just waiting to see what will happen.

We are in a very difficult situation. We can't go back because the
military has taken over our camp.

But we can't stay here for long either. We are illegal here and eventually
we'll have problems with the Thai authorities.

We can only hope that we'll be able to go home soon.

____________________________________

June 11, Democratic Voice of Burma
Burmese shells land on Thai soil – Naw Noreen

Artillery shells fired by the Burmese army in its ongoing offensive
against the Karen National Union have reportedly landed on Thai soil, as
fighting steps up near to the border.

The Burmese army, backed up by the junta-allied Democratic Karen Buddhist
Army (DKBA), began their offensive against the Karen National Union’s
(KNU) armed wing, the Karen National Liberation Army (KNLA), on 2 June.

Around 6000 Karen villagers have fled across the Thai border since
fighting began, with some holed-up in remote caves.

A KNLA lieutenant Seth John told DVB that three artillery shells fired by
the Burmese army landed in Mae Thari village in Thailand with no reported
injuries.

According to the KNLA, around 40 government troops have been injured so
far, while the DKBA claim 10 fighters from the KNLA have been injured.

Pho Alsho, a resident from Mae The village in Burma said that every
villager had fled into Thailand since the fight started.

“There were about 100 households in our village; everyone is now in
Thailand as we fear the Burmese army was using us as porters for their
offence,” said Pho Alsho.

Earlier this week the Karen Human Rights Group reported that villagers
were being forcibly recruited to act as government army porters or to walk
in front of troop patrols as minesweepers.

The National Democratic Front (NDF), a coalition of exiled Burmese
opposition groups, released a statement yesterday strongly denouncing the
Burmese junta’s offensive against “innocent Karen civilians”.

Phone Kyaw, secretary of the NDF said that the Burmese government, despite
knowing that their attack was having direct and severe effects on Karen
villagers, was carrying on regardless.

“This is a crime against humanity – people have to flee their villages
while many of them were injured,” said Phone Kyaw.

A number of those who have fled were from the populous Ler Per Har refugee
camp in Karen state.

The United Nations said yesterday that it had sent staff to locations
inside Thailand where villagers had fled to.

____________________________________
INTERNATIONAL

June 11, Reuters
France, Germany deplore Myanmar attitude

France and Germany criticised the Myanmar authorities on Thursday for
their attitude over detained opposition leader Aung San Suu Kyi and said
they were trying to enlist China and India to exert further pressure on
the country.

Nobel peace laureate Suu Kyi is on trial in Myanmar for breaking the terms
of her house arrest after an American man swam uninvited to her lakeside
home.

The case has sparked outrage in the West, and Europe has considered
tougher sanctions against the military government.

Speaking at a joint news conference with German Chancellor Angela Merkel
in Paris, French President Nicolas Sarkozy expressed the leaders' deep
worry over Suu Kyi, who has been detained for more than 13 of the past 19
years.

"I tried to reach her by telephone in recent days. The Burmese junta
refused to allow contact," said Sarkozy.

"I deplore this attitude very deeply and Mrs Merkel and I have decided to
express our great concern at this extraordinary Burmese attitude."

France and Germany were asking China and India to take their concerns into
account a few days before Suu Kyi appeared likely to be sentenced, Sarkozy
said.

Speaking late on Wednesday, Suu Kyi's lawyer said that the detained
opposition leader believed her trial was an attempt by the ruling generals
to prevent her from running in multi-party elections next year.

In Asia, governments have gone no further than chastising the regime for
putting Suu Kyi on trial.

EU ministers have said it is incumbent upon Myanmar's neighbours to try to
sway the regime through political pressure.

The Association of Southeast Asian Nations (ASEAN), which includes
Myanmar, has said that the trial threatened the regime's "honour and
credibility" and repeated a call for her release.

Myanmar's main backer, China, has said Myanmar should be left alone to
handle its internal affairs.
____________________________________

June 11, Agence France Presse
EU concerned at Myanmar army offensive on Karen rebels

The Czech EU presidency voiced "serious concern" Thursday at Myanmar's
growing offensive against Karen rebels which has forced civilians to flee
to Thailand, and called for an immediate truce.

"The authorities should refrain from seeking military solutions against
the ethnic minorities; this only fosters instability, long-term divisions
and hatred," the EU presidency said in a statement.

"The EU has noted with serious concern the mounting offensive of the
Burmese Army and its allies against the Karen National Liberation Army
(KNLA), which has resulted in large numbers of civilians fleeing from the
conflict area in Kayin/Karen State to Thailand," it added.

"The EU calls for an immediate ceasefire and requests the authorities and
military operators to ensure the protection of civilians at all times and
to comply with international humanitarian and human rights law," the
statement said.

While assuring Yangon that the European Union is committed "to the
sovereignty and territorial integrity of Burma/Myanmar," the EU presidency
called for the start of inclusive political dialogue "leading to national
reconciliation".

The EU is also "strongly concerned about the humanitarian situation of the
thousands of newly displaced persons in Thailand," the statement said.

It acknowledged the efforts of the Thai government to provide the new
arrivals "with all necessary care".

Myanmar government soldiers have been battling Karen National Union (KNU)
guerillas in the country's east for decades, but the latest exodus into
neighbouring Thailand is one of the biggest in years.

Myanmar's Karen rebels urged the international community Tuesday to
pressure the ruling junta into talks, after around 3,000 villagers fled to
Thailand to escape a military offensive.

The EU said it stood ready to provide more assistance where possible.

____________________________________

June 11, Irrawaddy
UN urges focus on education, as donors express misgivings – Arkar Moe

The United Nations has called on Burma’s military junta to cooperate with
the international community to improve the state of education in the
cyclone-stricken Irrawaddy delta, but international donors are warning
that the trial of Aung San Suu Kyi could complicate efforts to raise money
for the victims of Cyclone Nargis.

At a UN-organized donors meeting in Rangoon on Tuesday, a senior UN
official highlighted the dire need for improved access to education in the
region, where few schools escaped the devastation wrought by Burma’s
worst-ever natural disaster.

Children survivors of Cyclone Nargis are seen at a school in Dala Township
of Rangoon Division on June 16, 2008. (Photo: Getty Images)
“The international community should increase its efforts, in cooperation
with the government of [Burma] and local organizations, in order to
promote quality education for all children and youth,” said Bishow
Parajuli, the UN resident and humanitarian coordinator in Rangoon.

Around 60 participants, including heads of diplomatic missions, UN
agencies and national and international nongovernmental organizations,
attended the meeting, at which the acute shortage of learning materials
and qualified teachers and the lack of opportunities for further education
in the delta region were highlighted.

The donor meeting was followed by a field visit to several villages in the
Irrawaddy delta on Wednesday. The donor representatives witnessed the
limited progress that has been made over the past year in rebuilding
schools. They also observed children in overcrowded classrooms in schools
with nothing but plastic sheeting as walls.

“Over half a million children in the affected areas have benefited from
education support since Cyclone Nargis destroyed and damaged over 4,000
schools, of which 1,255 completely collapsed,” said the UN Children’s Fund
deputy representative, Juanita Vasquez.

“More efforts are required to increase education opportunities to
children, not only in the delta, but also in the rest of the country,” she
added.

According to the Post-Nargis Recovery and Preparedness Plan, some US $157
million will be needed by the education sector over the next three years.

Meanwhile, the Association of Southeast Asian Nations (Asean), which has
played a key role in the humanitarian response to the disaster, said that
some countries considering increasing their contribution to the recovery
effort are seeking reassurances of cooperation from the Burmese
authorities.

Representatives from Asean met with donor countries and international
organizations in Bangkok on Wednesday.

After the meeting, Asean Secretary-General Surin Pitsuwan told
journalists, “We would like to seek clarification and new assurance from
the government of [Burma] that from now onward we will have full support,
full access, and we will have full coordination in order to deliver our
international assistance into [Burma] or into the delta.”

Surin also said that the Burmese regime’s prosecution of democracy leader
Aung San Suu Kyi was affecting donor sentiment.

“They certainly mentioned the fact that it has not helped the enthusiasm
of their constituencies to engage more actively, more fully,” said Surin.
“There might be some delay, there might be some reservation, that the
issue is not separate from the deliberation and the consideration on
further engagement.”

However, Surin said that donors did not make the release of Suu Kyi, who
is facing a sentence of up to five years in prison, a condition for
further aid.

The trial against Suu Kyi, who is charged with violating the conditions of
her house arrest, has provoked a strong outcry from a number of countries
that would be expected to be major contributors to the ongoing effort to
rebuild the Irrawaddy delta.

So far, about $300 million in relief aid has been sent to the region, and
agencies are seeking another $700 million for recovery efforts.

Aid groups have been struggling to raise money to help the victims of
Cyclone Nargis, which hit Burma in May 2008. The cyclone killed at least
140,000 people and left 2.4 million homeless.

Burma already receives scant overseas development assistance—a meager
$2.85 per head, compared with nearly $50 for Sudan and neighboring Laos.

“It would be really silly to penalize the people of this country for
actions taken by the current military regime,” said Andrew Kirkwood, the
country director for Save the Children UK.

____________________________________
OPINION / OTHER

June 11, Democratic Voice of Burma
Impunity bars justice for Burmese ethnic groups – Aung Htoo

While the world has remained rapt by the trial of Burma’s Aung San Suu
Kyi, the ongoing crisis over rights for ethnic minorities in the country
has received little international attention.

Burma’s ethnic minority groups constitute one-third of the population.
This population has borne the brunt of the government’s well-documented
and widely condemned human rights violations. Ethnic children have been
forcibly recruited into the army, some to act as minesweepers for troop
patrols, while rape of ethnic women has been labelled by human rights
groups an attempt to dilute the ethnic diversity of Burma. Their situation
is being compounded by a culture of impunity in Burma It is only when
greater international attention is focused on government impunity and on
rights for ethnic minorities that Burma will be able to achieve peace.

This was an argument put forward by Professor Paulo Sérgio Pinheiro,
former UN special rapporteur to Burma from 2000 to 2008, in an article
published last month in the New York Times. The article highlighted the
grievances and loss of rights of the ethnic minority in the country, with
whom he worked with for eight years.

While the plight of Burma’s ethnic groups has been sidelined by the Suu
Kyi trial, the Burmese government has focused greater attention, albeit
highly cynical, on transforming armed ethnic groups into political tools
for the convenience of next year’s elections. One key issue that many
observers have ignored is that if they accept such government proposals,
they will effectively be complicit in supporting government impunity for
crimes committed by the state army against their own people.

According to agency reports, a delegation of government officials lead by
the junta’s chief of military affairs security, Lieutenant-General Ye
Myint, has met with the Shan State Army-North (SSA-N) ceasefire group as
part of a series of discussions with ceasefire groups across the country.
It is understood that the government tried to persuade the Shan group to
form a political wing to contest the upcoming elections, in return
offering them an opportunity to retain their armed status by transforming
into a government militia.

Rather than committing themselves to military rule, ethnic ceasefire
groups should take this opportunity make demands about their status in the
country and to speak out about their loss of rights.

‘License to Rape’, a 2002 report by the Shan Women’s Action Network that
gained attention from the international community, highlighted details of
rape cases against Shan women by the ruling State Peace and Development
Council (SPDC) army. But the SSA-N never made significant calls for
international action against the SPDC’s crimes either against Shan people
or other ethnic minorities. Similarly, the SSA-N stayed silent about the
government’s manipulation of Burmese law under which their leader, Colonel
Hso Ten, was in 2005 imprisoned for 106 years.

If the SSA-N bows to government persuasion and forms a political party to
enter the elections, they would automatically be placed in a position
where they accept the 2008 constitution. Buried within the constitution is
section 445 of the penal code, which grants the government an amnesty for
crimes committed by the army during the State Law and Order Restoration
Council era from 1988 to 1997. This would effectively mean the group
supports an ongoing culture of impunity in Burma. Pinheiro documented a
case where a Burmese soldier last December abducted, raped and killed a
7-year-old Karen girl. Authorities refused to arrest the soldier; instead,
officers threatened the parents with punishment if they did not accept a
cash bribe to keep quiet.

This culture of impunity is becoming a huge problem for Burma, and is
compounded by the country’s failing legal system. But pure political
thinking which aims to bring a solution merely to arguments about the
constitution or the election will not solve the current situation. We need
to build a new approach by restoring law and order under a framework in
which whoever commits a crime can be punished.

If Burma continues with the current 2008 constitution, people whose basic
human rights were violated by the government will be denied their right to
seek justice under legal terms of the abuses suffered. Furthermore, it
would encourage such abuses to continue free of punishment. Since 1990,
the United Nations’ special rapporteur has made 37 visits to Burma while
the international body’s General Assembly and the Human Rights Council
have passed over 35 resolutions regarding Burma. The UN Security Council,
however, is yet to pass a single resolution.

Pinheiro points out the international community’s “diplomatic efforts
[have] failed to bear fruit” and “the country’s domestic legal system will
not punish those perpetrating crimes against ethnic minorities”. In this
context, he says, “it is time for the United Nations to take the next
logical step”.

Were this to happen, a possible indictment by the International Criminal
Court could be on the horizon. This, Pinheiro argues, would have the dual
effect of bringing greater attention to impunity in Burma, and deterring
future crimes against humanity. If the ceasefire groups do not consider
these facts and instead join hands with the government, whilst ignoring
crimes being committed by them, they will, as the Burmese saying goes, be
hiding from a lightning strike under a palm tree.

Aung Htoo is general secretary of the Burma Lawyers' Council
____________________________________

June 11, Irrawaddy
Being a defense lawyer in Burma is a risky business – Min Lwin

As the trial of pro-democracy leader Aung San Suu Kyi unfolds, many people
are asking: How difficult is it to be a defense lawyer who represents
political activists in Burma?

Defense lawyers who represent political dissidents routinely face
government intimidation, in some cases leading to prison terms and the
suspension or cancellation of their license to practice by the Burmese Bar
Council.

Eleven lawyers who defended pro-democracy activists are currently serving
prison terms across the country.

The Thailand-based human rights group, the Assistance Association for
Political Prisoners (Burma), said at least 207 Burmese lawyers, including
central high court lawyers, have faced suspension, warnings, temporary
suspension or dismissal of their license without a proper hearing process.

“If you want to be a defense lawyer for political activists, you can have
your lawyer license cancelled at any time,” said Nyi Nyi Hlaing, who has
represented political activists.

“Sometimes judges intimidate us by saying if we upset the judicial
process, we can be punished,” he said.

Prominent defense lawyer Aung Thein, who recently served a four months
prison sentence for contempt of court and had his license cancelled, told
The Irrawaddy: “There are two kinds of lawyers who have had their license
dismissed. Political activist lawyers who are dismissed for their
political activities and lawyers dismissed in the process of defending
their activist clients.

Aung Thein’s colleague, Khin Maung Shein, who has represented political
activists including Aung San Suu Kyi, was also dismissed from practicing
law and sentenced to four months in prison.

“The fact that the Burmese Bar Council cancelled our licenses is not fair,
because we served four months detention in payment for what they called
contempt of court,” said Aung Thein.

Late last year, attorney Saw Kyaw Kyaw Min was convicted of contempt of
court after complaining of unfair treatment by a Rangoon court in a case
involving political dissidents.

“I was intimidated by the judge from Kyimyindine Township court when I
asked to call a government witness to the court to testify,” said Saw Kyaw
Kyaw Min, 29. “She told me you don’t have a right to call the government
witness. If you do that, your lawyer license will be cancelled.”

In addition, attorneys Nyi Nyi Htway and Saw Kyaw Kyaw Min were both
sentenced to six months imprisonment for contempt of court while
representing activists. Saw Kyaw Kyaw fled to Thailand rather than serve
time in prison.

The convictions were politically motivated to intimidate other lawyers
from defending political dissidents, said observers of the legal system.

Like activist lawyers, average citizens who are caught up in politically
sensitive issues are frequently intimidated or charged with criminal acts
by the military government. Various professions, including comedians,
doctors, private teachers, singers, writers, journalists and their family
members, have been charged and imprisoned because of their political
involvement.

On June 9, Khin Khin Aye, a senior manger in the Central Cooperative
Society under the Ministry of Cooperative, was dismissed from her job
without warning because her husband, attorney Hla Myo Myint, had
represented Aung San Suu Kyi.

____________________________________

June 11, Nation (Thailand)
Reasons why Thailand can't push Burma too far – Supalak Ganjanakhundee

There are at least four reasons why Thailand is not able to push Burma's
political development toward democracy and national reconciliation, as
well as to free opposition leader Aung San Suu Kyi.

First, the current government led by the Democrat Party has no record of
civilian supremacy, not to mention democracy and reconciliation. The Thai
government is not comfortable commenting on any military run government
since it obtained help from military top brass to form its own coalition.
Prime Minister Abhisit Vejjajiva knows very well how much he owes the
commanders.

People in this country love to call on the military to intervene whenever
they have problems with civilian government. The latest military coup
d'etat happened only three years ago.

The Thai military junta dissolved at the end of 2007. Nobody in this
country could say the military has no influence in politics, notably over
this current government.

So-called national reconciliation is a political term this government
might not be able to spell out. As long as it cannot reconcile the red-
and yellow-shirted movements, it's better to have no comment about the
even worse national division in Burma.

Disunity in that country is deeper than in Thailand, absolutely. It is not
just a matter of political difference, but also a problem of race.

Second, Thai elites - notably those in power - have no clear vision about
future opposition and dissident groups. They have no more faith in the
opposition's fighting against the Burmese junta.

It seems the Thai elite jump to the conclusion the opposition, and even
the rebellious ethnic minorities Thailand uses as a buffer, have a very
slim chance of defeating the Tatmadaw [Burmese military].

Foreign Minister Kasit Piromya has talked to ethnic minorities along the
Thai border several times over past months since he took the position, to
convince them to turn themselves into the junta's fold.

The move is most helpful for the junta but weakens the dissidents.

Very few Thais connect strongly with Aung San Suu Kyi and her National
League for Democracy. Some female members of the ruling Democrat Party and
SEA Write-award winning author Jiranan Pitpreecha met Suu Kyi more than a
decade ago.

Thammasat University conferred an honorary doctorate degree on her when
she turned 60, but such a link is very slim. No strong pressure group
could force the Thai government to help her.

Third, the Thai economy relies too much on resources from Burma. The
government, every government, would never dare challenge the junta. Making
Burma angry might cause trouble in business.

Thailand could not join any economic sanctions to pressure the junta since
they would pose a direct challenge to its own economy. The jewellery
industry, for example, suffered from the US's Tom Lantos Block Burmese
Jade Act of 2008, since it stifled imports from any country of gems and
jewellery containing Burmese raw material.

Rubies and other Burmese gemstones account for about 20 per cent of raw
materials for the Thai jewellery industry.

Exports of gems and jewellery to the US dropped sharply in the last
quarter of 2008 when the Act was enforced in October. Exports to the US
contracted 35.19 per cent between October and December last year,
according to Ministry of Commerce data.

Besides gemstones, Thailand is buying via pipeline more than a billion
cubic feet of gas a day from Burma's Yadana and Yedagun gas fields,
accounting for some 20 per cent of total consumption in this country.

Fourth, Thailand has the burden of proximity as it shares more than 2,200
kilometres of border with Burma.

The borders shelter problems ranging from smuggling and trafficking to
political conflict. The junta knows how to use border issues to mount
pressure on Bangkok.

Burma's military offensive against the Karen National Union over past
weeks caused at least 3,000 people to flee to Thailand, home already to
111,000 displaced persons from Burma.

The operation coincided with the Thai Asean Chairman's statement on Aung
San Suu Kyi.

As long as this country fails to overcome these obstacles, it will find it
very difficult in lending a hand to save Aung San Suu Kyi.