BurmaNet News, October 17 - 19, 2009

[Editor]

October 17 – 19, 2009 Issue #3821


INSIDE BURMA
DVB: Twelve farmers sentenced with hard labour
DVB: Civilians warned not to leak tunnel information
Irrawaddy: Detained Min Ko Naing turns 47

ON THE BORDER
Bangkok Post: Despite a new nationality verification programme, Thailand's
immigrant workers still face problems trying to stay legal
Reuters: China, Myanmar agree to work for border stability

BUSINESS / TRADE
4Hoteliers.com (United Arab Emirates): Myanmar builds more resorts to
boost tourism industry

ASEAN
AFP: Myanmar PM to attend ASEAN summit

REGIONAL
VOA: Civic groups press to end hydropower development on lower Mekong River

INTERNATIONAL
Mizzima News: Constitution entrenches junta’s culture of impunity: Report

OPINION / OTHER
Asian Tribune: The lives of two Nobel Laureates – Nehginpao Kipgen
Irrawaddy: Defeating HIV/AIDS, preserving the future – Phyu Phyu Thin

INTERVIEW
Bangkok Post: In search of democracy - Kachin leader engages junta

PRESS RELEASE
Burma Partnership: Burma Civil Society groups at ASEAN Peoples’ Forum call
on ASEAN to address the regime’s serious breaches of the Charter




____________________________________
INSIDE BURMA

October 19, Democratic Voice of Burma
Twelve farmers sentenced with hard labour – Htet Aung Kyaw

Twelve farmers in central Burma have been sentenced to up to five years
imprisonment with hard labour on trespassing charges after returning to
work on land confiscated by the government.

The case is being closely monitored by the International Labour
Organisation (ILO) in Rangoon, according to the group’s country liaison
officer, Steve Marshall.

The farmers, from Aunglan in Magwe division, won a dispute over the 2000
acres of confiscated land following a meeting between the ILO and
government officials in March this year. The land had been taken after the
farmers refused to bow to government pressure to grow sugarcane for
army-run Aunglan township’s sugar factory.

Then in July they were sued by the sugar factory and sentenced last week
on charges of trespassing and damage to property.

The sentences ranged from nine months to four years and nine months, all
with hard labour, according the sister of one of the farmers.

Aye Aye Win, the wife of one of the farmers sentenced last week, received
the harshest sentence after being “accused of cursing the sugar factory
personals after they sued her”, the sister said.

Steve Marshall said that the ILO, a United Nations body with a mandate to
work on complaints over land confiscation and forced labour in Burma, is
“seriously concerned” about the sentencing.

“We have raised [it] as a serious issue with the government and have
requested them to affect the immediate release of the imprisoned persons,”
he said.

The charges, brought by local government officials in Magwe division,
appeared to contradict the agreement reached in March between the ILO and
central government, he said.

He added that it was “not a political issue at all. It involves farmers,
the use of forced labour, the loss of the use of land, and the resolution
of that problem. It is about the application of Myanmar [Burma] law”.

According to the ILO, around 220 complaints of forced labour in Burma had
been received. Marshall said that the vast majority of these had been
resolved “without any harassment or any problems for the complainants”.

In some cases, however, he said that there were “serious problems” in
terms of government retribution against complainants.

____________________________________

October 19, Democratic Voice of Burma
Civilians warned not to leak tunnel information – Aye Nai

Locals in a town in central Burma say they have been warned by government
troops not to leak news about a tunnel being built by the military or
their villages will be razed.

The 19-mile long tunnel is being built between the villages of Ywarmon and
Phatthantaung in Magwe division, according to a local in the nearby town
of Natmauk.

“Now even the village authorities are too scared to talk about it,” he
said. “Security is really tight in the area and taking photos is also
prohibited.”

Another local in Magwe division said that four years ago the army
contacted his son, a graduate of the Government Technological College, and
persuaded him to work in a weapons factory being built underground in
Ngaphe town near to Magwe city.

The man said that an official from the army had offered his son 35,000
kyat ($US35) per month to work on the project. “The man said he would not
be able to visit home after started working in the tunnel,” he said.

In June DVB released a series of reports compiled from leaked government
documents that outlined the junta’s plans to develop a network of tunnels
underneath Burma that would accommodate troop battalions and armoury in
the event of an invasion.

Some 800 tunnels are thought to be under construction, with sections of
the project dating back as far as 1996.

The project has been clouded in secrecy, but appears to be part of a
longer-term strategy to bolster Burma’s defence capabilities.

The junta is using North Korean advisors for its tunnel system, after a
senior government delegation visited Pyongyang in November 2008 and took a
tour round military tunnels there.

The majority of tunneling and construction equipment for the project has
been bought from North Korea in a series of deals over the last three
years which total at least $US9 billion, according to two purchase orders
received by DVB.

The Bangladesh-based Narinjara news agency last week quoted a military
source as saying that a tunnel had been dug into a mountain in Burma’s
western Arakan state to store fighter jets. The tunnel is thought to be
connected to a nearby air base in Ann township.

Arakan state lies alongside Burma’s border with Bangladesh, which in
recent weeks has become the site of a military build-up from both sides
following a dispute over ownership of gas blocks in the Bay of Bengal.

____________________________________

October 19, Irrawaddy
Detained Min Ko Naing turns 47 – Ko Htwe

A leading Burmese activist, Min Ko Naing (aka Paw Oo Tun), celebrated his
47th birthday in Shan State's Kengtung Prison on Sunday.

The former chairman of the All Burma Federation of Student Unions (ABFSU)
and a leading member of the 88 Generation Students group, Min Ko Naing was
arrested in 1989 for participating in the student-led uprising and was
sentenced to 16 years in prison.

Although released in 2004, he was rearrested again on August 21, 2007, on
charges of organizing a demonstration that led to the “Saffron
Revolution.” He was handed down a 65-year sentence.

Speaking to The Irrawaddy on Monday, a spokesman for the ABFSU, Zar Ni,
said, “In Rangoon, we reorganized the Basic Education Student Union, or
BESU, to commemorate Min Ko Naing’s birthday. Students have distributed
pamphlets around markets and schools, which state that the BESU has
already reorganized.”

Zar Ni said that student members on Sunday took part in a “white
campaign,” which was originally started by Min Ko Naing and fellow
activist Ko Ko Gyi, which involves students distributing and wearing white
T-shirts and walking around town together.

In Mae Sot on the Thai-Burmese border, students from seven schools
organized a birthday party for Min Ko Naing. ABFSU Foreign affairs
committee member Min Naing said the event included a recital of a
biography detailing Min Ko Naing’s life.

Min Naing said, “The ABFSU has been a distinct organization from the times
of the colonial era to the present political movement it has become in
Burma. The ABFSU is a powerful students’ movement because it is organized
under the flag of organization.”

Also commemorating Min Ko Naing’s birthday, the Thailand-based Assistance
Association for Political Prisoners-Burma (AAPP) published his novel “Naut
Kyi Man” [“Back View Mirrors”].

Bo Kyi, the joint-secretary of the AAPP, said ““We respect his artistic
creation. Young people should read this book. He is a good leader. When
Min Ko Naing, Bo Bo and I were arrested in 1989, Min Ko Naing was only
concerned about us, not himself. He faced down the soldiers and calmly
persuaded them to lower their rifles and point them at the ground.”

“His leadership, courage and decisiveness are the distinct things I
remember about him,” said Zar Ni. “But he is devoted to his country too,
and he respects democracy and human rights.”

Min Ko Naing was born on October 18, 1962, the third son of the respective
artist Thet Nyunt and Hla Kyi. From a young age, he was interested in
politics. He studied zoology at the Rangoon Arts and Science University
before reforming and leading the ABFSU.

Min Ko Naing won the John Humphrey Freedom Award in 1999, the Student
Peace Prize in 2001, the Civil Courage Prize in 2005, the Homo Homini
Award by People in Need Foundation, and the South Korean Gwangju Human
Rights Award for 2009.

____________________________________
ON THE BORDER

October 18, Bangkok Post
Despite a new nationality verification programme, Thailand's immigrant
workers still face problems trying to stay legal

Earlier this year, a colourful leaflet written in Burmese script, began
circulating in Samut Sakhon, Mae Sot, Rayong and migrant communities all
over Thailand.

The leaflet, prepared by the Burmese government with assistance and
funding from international organisations, provided instructions for
Burmese migrant workers on how to become legalised after verifying their
nationality. It pictured three new centres in Burma where, from July 15,
workers could receive temporary passports that allow them to apply for
work permits in Thailand, and ultimately receive the same benefits and
protection as Thai workers. Expenses, it said, would be only 3,000 kyats
(100 baht).

The front flap of the cover was stamped with a Burmese police logo and
promised that the process will involve "No Arresting, No stop/check, No
Tax".

To the many the pamphlet was targeting, the programme sounded too good to
be true. And in many ways, though perhaps not in the ways they were
expecting, they've been right.

The Labour Ministry has set Feb 28, 2010, as the deadline for nationality
verification for all workers (1.2 million are eligible). Those that are
unverified at that point are theoretically subject to arrest and
deportation.

Yet more than three months into the process, only 2,000 Burmese migrants
have had their nationality verified. Burmese nationality verification
centres say they are now processing 200 people per day on average (the
capacity for the three centres is said to be 1,000 per day), a rate that
many advocates have pointed out will legalise Thailand's Burmese migrant
population only after a number of years.

But the policy has been panned by international organisations and migrant
advocacy groups for being complicated, costly, time-consuming,
non-transparent, insensitive, under-publicised and not fully explained to
migrant workers.

"It's a train wreck," says Philip Robertson, the technical adviser on
migration and workers' rights for the South East Asian Refugee Community
Home, and a seasoned expert on migration policies in the Asean region.

While most believe the nationality verification effort was borne of good
intentions and is, in theory, a step towards better management of a
growing migrant population, observers charge the programme has become a
seriously-flawed policy, and at worst, a corrupt and insincere "paper
exercise" designed to exploit the country's migrant workers.

The process has drawn the watchful eye of the United Nations Inter-agency
Project on Human Trafficking (Uniap) and enough concern that the UN
Special Rapporteur on the Human Rights of Migrants was petitioned by a
number of migrant advocacy groups in September. The Special Rapporteur
requested an investigatory visit, which Thailand has denied.

Though only a tiny fraction of Thailand's migrant workers have been
through the process, there is already abundant evidence to bear out the
concerns.

Aung, a 26-year-old worker who has been in Thailand for 10 years, is one
of the 2,000 Burmese migrants who has had his nationality verified.

He received his temporary passport on Aug 18, and spent 6,450 baht in the
process - 100 baht for his passport in Burma, 2,000 baht for a visa for
Thailand and the remainder for services provided by a company called CEO
Enterprise.

Among CEO Enterprise's services were a 250 baht plastic membership card
(much like a gym ID), submission of personal documents to the Department
of Employment (DoE) and a bus ride to and from the nationality
verification centre in Tachilek.

His work permit will cost him an additional 3,800 baht, and he will be a
legal worker after spending a total of 10,250 baht. He also paid 3,800
baht earlier this year, to extend his visa.

Like many in Samut Sakhon, he earns less than 200 baht a day, and his
employer is deducting the cost of these fees from his wages at a rate of
2,000 baht every 50 days.

Yet, the cost to Aung turns out to have been a relative bargain.

The price at the Thai-Myanmar Development Cooperation Company, another
nationality verification service provider, is 7,300 baht, while CEO
Enterprise has been known to charge varying rates (it would not disclose
its price when contacted by Spectrum). Aung's sister was asked to pay
12,000 baht. Others, according to the Human Rights Development Foundation
(HRDF) and Rak Thai Foundation, have been charged up to 15,000 baht.

CEO Enterprise, the Thai-Myanmar Development Cooperation Company and NIK
Global were endorsed by the DoE as registered companies with Thailand's
Ministry of Commerce to assist in the nationality verification process.
The DoE issued the endorsement after the Burmese Embassy asked about the
legalities of the service providers.

In some provinces, workers have been told by DoE employees they must use
one of the brokers; in others, that the brokers will expedite the process.

The swift and non-transparent entrance of these three companies into the
process in which there are 1.2 million potential clients has made
observers suspicious. Some of the firms have connections to military and
former labour ministry officials, according to human rights workers and
employers familiar with the process.

The steep fees being charged by the three has exacerbated those concerns,
and earlier this week provoked a demand from Burmese officials - NGOs have
been making similar demands for weeks - for regulation of the companies
and a price cap of 1,000 baht.

In a news release last Tuesday, the DoE said the companies would be
regulated and their prices capped at 4,000 baht.

"Any time third parties are involved, costs go up, and ultimately those
costs are paid by the migrant," says Federico Soda, a regional programme
development officer with the International Organisation for Migration, who
points out that the current costs of nationality verification through a
broker service and a work permit amounts in some cases to four months'
salary of a migrant worker earning the minimum wage (4,000 baht per month,
but many make less). Without a broker, it costs about two months' wages.
In either case, "it's too expensive", he said.

There have been other cost irregularities. The DoE says the price of the
Thai visa will be reduced from 2,000 to 500 baht - what Cambodian and Lao
workers are charged. But it is unclear when this will happen, why Burmese
migrant workers are charged more, or if they will be reimbursed. There is
also the problem of unregistered brokers recently entering the business
and in some cases, disappearing with workers' money.

An employer in the seafood industry in Samut Sakhon who did not wish to be
identified says the system is mired in corruption. Knowing the inflated
prices of the brokers' services, the employer chose to register the
factory's thousands of migrant employees without using a broker.

When the employer took the applications to the Samut Sakhon employment
office, the employer was told that it was not the company's scheduled day
for submissions. The company had never been informed there was a schedule.
Only after paying a fee, were the applications accepted. The employer also
says that influential factories in the area have managed to pay a fee to
have their workers exempted from the process.

An official with Thailand's Department of Labour Protection and Welfare
(DLPW) conceded corruption was a problem in the process and there were
investigations underway.

Mr Robertson says: "Brokers exist because the system doesn't work - it's
so complicated that employers have no choice but to outsource the task to
a third party." He adds that in the region, foreign labour recruitment and
servicing has "always been seen as a business opportunity for
well-connected elites".

Yet there is also evidence that the nationality verification business has
not been the boon many were expecting.

The day I visited, the brand new Samut Sakhon branch of the Thai-Myanmar
Development Cooperation Company was empty, aside from its 12 staff and a
few workmen installing light fixtures.

Employees were busying themselves, creating information boards with
photographs showing the company's success stories.

A Thai staff member explained the company helped Burmese workers get
passports. He explained they charged 7,300 baht for "full service", which
is a vague package that includes "transportation, food and other
services".

He admitted that their first two months in the business had been tough.

The office had seen only about 200 applicants, only 29 of whom had been
approved and sent by bus to the border to obtain their temporary
passports.

Business had been dampened by widespread rumours, fear and ignorance of
the process, he explained.

This, by all accounts, is true, and is due in large part to the lack of
foresight that was given to implementing and communicating the policy, as
well as a lack of consideration for those most affected by it.

Where nationality verification takes place has been a contentious issue -
this was the point that prevented agreement until last year, when Thailand
conceded and reportedly funded the border centres and provided computers
for the Burmese officials.

The Burmese reportedly feared centres based in Thailand would be targeted
by political groups, even though travel to Burma is costly, inconvenient
and time consuming for migrants and their employers.

The trip for many migrants - notably those from ethnic minorities that in
the past have been terrorised by Burmese authorities through forced
labour, displacement or worse - is also unnerving.

The nationality verification process, which requires submission of
personal and family details to Burmese authorities, has stirred suspicions
that such information is being collected for more sinister purposes. Many
also suspect that the urgent implementation of the process before an
election year is not a coincidence.

Rumours are widespread within migrant communities that Burmese authorities
are physically threatening and/or extorting money from the families of
applicants. There are also stories circulating that busloads of applicants
have been arrested at the border and taken to Insein prison.

While many advocates admit such behaviour would not be out of keeping for
Burma's military junta, they caution, that, despite much effort to do so,
none of the stories have been substantiated. Many suspect political
opposition groups and people traffickers who have made large sums of money
smuggling and extorting illegal Burmese workers over the years are
spreading the stories.

Even so, fear persists. Many migrant workers receive phone calls from
their families in Burma, pressing them not to go through with nationality
verification for fears over their safety. The majority of the migrants
interviewed for this story either refused to complete a nationality
verification application or, if forced to do so by their employer,
submitted false information.

The official with DLPW said half the applications that had been received
had incorrect information. In those cases, the applications are sent back
to employers, who ask workers to correct the forms.

Advocates stress that disinformation has flourished, largely because the
process has not been clearly explained. Aside from the leaflet produced by
international organisations on behalf of the Burmese government, there has
been no formal information to help migrant workers.

The Thai government's public relations effort was limited to alerting
employers of the policy and asking them to inform and distribute
nationality verification forms to workers.

There seems to have been little awareness that minority ethnic groups
persecuted by the regime would not want to be labelled ''Burmese'' or in
fact that some may not be given such a status. Muslims from Burma, such as
the Rohingya, are excluded from the process.

In focus groups conducted by the HRDF with 80 workers from Chiang Mai,
Bangkok and Samut Sakhon, lack of awareness of, and a lack of trust in the
national verification process, was prevalent. For instance, they were
unaware whether they had to verify their nationality, the costs involved,
what benefits it would bring and what the consequences would be if they
did not.

''I don't understand anything about this issue. It's like they are
ordering us to go into a cave, but we don't know what's inside. Is it
dangerous?'' asked one man.

While some in the focus group had sworn off the process _ including a
woman who makes 110 baht a day and finds it far too expensive, and a man
who believed it was simply a disingenuous ploy to win votes in the
upcoming election _ most migrants interviewed seemed to be at various
stages of weighing up the personal costs, benefits and risks. There are
reports that the process has driven workers home to Burma and to seek
refugee cards in Malaysia, though most observers doubt there will be
significant migrations, because those journeys are also costly.

Mr Soda of the International Organisation for Migration concedes the
process puts migrants in a difficult position. ''If migrants do not accept
these conditions, they risk being dismissed by their employers. Migrants
will be assessing the cost of the process, versus the benefits.''

How robust those benefits will be is also being questioned. While most
observers agree that it should improve the legal status of workers, they
are also quick to point out that it won't necessarily improve workers'
rights.

''It's a thin layer of protection,'' says Paul Buckley of Uniap, noting
that the longstanding problems of employers holding on to the passports of
workers they fear would otherwise run away, will likely continue.

''This happens with documented Cambodians and Laos,'' says Mr Soda. ''Even
when they go through the proper channels. Suddenly they have this precious
piece of ID. It cost a lot, it took time and employers will still withhold
it and they'll still have debts to pay. That won't go away.''

Mr Robertson advocates a system in which workers are registered
independently and allowed to change employers freely. ''This would force
good practices and place an upward pressure on standards.''

Others suggested solutions include reducing the costs, extending the time
period (which everyone I spoke to called ''impossible''), eliminating
third-party brokers, moving jlnationality verification to Thailand and
better educating migrants and employers on the process.

There are signs some of these doubts are starting to receive attention.
The MoL has tinkered with the policy in recent weeks, extending the
programme to workers' children and vowing to regulate the nationality
verification brokers.

While these are improvements, observers are concerned by the failure of
both governments involved to acknowledge the migrants' security concerns.
''There is no easy solution. Thailand is dealing with one of the most
difficult migration flows in the region, and probably beyond. It's a
process which is virtually impossible to implement without a proper
structure on the other side. Thailand often benefits from these workers,
but it's not always easy,'' says Mr Soda.

As for the few who have been through the process, they seem to be happy,
if considerably poorer. Aung is proud, and quick to show off his passport.
In the two months since he obtained it, he's returned to Burma three
times. He enjoyed the easy passage through the provinces and crossing the
border, these times, without the smuggling fees.

The DoE did not respond in time for publication of this article.

____________________________________

October 19, Reuters
China, Myanmar agree to work for border stability

Beijing – China and Myanmar agreed on Monday to work together to ensure
stability along their border, state media said, after violence erupted on
the Myanmar side in August that pushed thousands of refugees into China.

"China and Myanmar should make efforts together to strengthen exchanges
and cooperation, as well as safeguard stability on the border areas for
the sake of the fundamental interests of the two peoples," Xinhua news
agency quoted Chinese Vice-Premier Li Keqiang as telling a visiting
Myanmar minister.

Li added that China "would keep supporting Myanmar's economic construction
and sustainable development".

In August, Myanmar's army overran Kokang, a territory that lies along the
border with the southwestern Chinese province of Yunnan and was controlled
for years by an ethnic Chinese militia that paid little heed to the
central government.

Many of the refugees were ethnic Chinese, some of them Chinese citizens,
who complained their houses and businesses had been sacked and looted
during the violence.

Last month, China rapped the former Burma over the violence, demanding the
government protect Chinese citizens and make sure such such incidents did
not happen again.

But relations appear to be improving again.

Xinhua said vice premier Li met the visiting Myanmar minister, Tin Aung
Myint Oo, during a meeting in the southwestern Chinese city of Nanning.

"Tin Aung Myint Oo extended thanks for China's support during the meeting,
saying that Myanmar appreciated its friendly relations with China," the
report said.

Myanmar was willing to deepen the mutually beneficial cooperation and
stabilise the border areas, Xinhua reported the minister as saying.

The August crisis tested ties between two countries who view each other as
strategic friends.

Energy-hungry China is one of the few powers willing to do business with
military-run Myanmar, and has invested more than $1 billion to get access
to natural resources such as oil and gas.

Resource-rich Myanmar has parried Western sanctions and pressure from its
Southeast Asian neighbours over its shoddy human rights record by courting
China.

(Reporting by Ben Blanchard; Editing by Bill Tarrant)

____________________________________
BUSINESS / TRADE

October 19, 4Hoteliers.com (United Arab Emirates)
Myanmar builds more resorts to boost tourism industry

Myanmar has witnessed the development of more international resort hotels
to attract foreign travellers to the country and boost tourism
development.

The Andaman Club, a travel and tour company, is expected to develop a
US$3.5 million resort hotel, named St Luke's Beach Resort Hotel, in New
Palau Ganchar Beach on St Luke's Island in the Andaman Sea.

Another company, Amata Hotel Group, is also expected to develop an upscale
hotel located in Myeik Archipelago, the southernmost part of Myanmar.
Additionally, accessibility to Ngwe Saung Beach located at Myanmar's
southwestern Ayeyawaddy division is anticipated to be facilitated by a
proposed airport project.

This is envisaged to shorten the travelling time from Yangon, the former
capital of Myanmar, to a short flight compared to a three-hour drive from
Yangon.

Upon completion of the airport, Ngwe Saung Beach will become the second
beach to be accessible by air after Ngapali. According to tourism
statistics, Myanmar's tourist arrivals for the fiscal year 2008–09, which
ended in March, exceeded approximately 255,000.

____________________________________
ASEAN

October 19, Agence France Presse
Myanmar PM to attend ASEAN summit

Yangon — Myanmar's prime minister, General Thein Sein, will attend the
annual Association of Southeast Asian Nations summit in Thailand this
week, an official announced Monday.

The official confirmed a state media report that Thein Sein would visit
this weekend's summit of regional leaders in the Gulf of Thailand.

"General Thein Sein will attend the ASEAN summit," said the official on
condition of anonymity.

His trip to Thailand comes as the junta appears to be opening up
diplomatic channels abroad, with Thein Sein last month becoming the
highest-ranking Myanmar official to attend the United Nations General
Assembly in 14 years.

The prime minister made a speech before the assembly on September 28,
condemning Western economic sanctions against his country as the United
States mulls greater engagement with the reclusive government.

In 2007, Thein Sein caused a diplomatic furore at an ASEAN summit by
forcing host Singapore to revoke an invitation to UN envoy Ibrahim
Gambari.

Gambari had been due to brief regional leaders after a bloody crackdown on
street protests in Myanmar that caused international revulsion.

Myanmar's human rights record has caused constant problems for ASEAN since
it joined the bloc in 1997. This year's summit is due to officially launch
a new body to help prevent rights abuses in the region.

Leaders attending the 15th annual summit, being held in Hua Hin, where
Thailand's revered king often resides, are due to discuss closer economic
ties and ways of coping with natural disasters.

The summit will be followed by talks between the 10 members of ASEAN and
the leaders of China, South Korea, Japan, Australia, India and New
Zealand.

Thailand is mobilising an 18,000-strong security force and invoking a
harsh internal security act to prevent protests at the meetings, which
have been cancelled twice before because of anti-government
demonstrations.

ASEAN groups Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the
Philippines, Singapore, Thailand and Vietnam.

____________________________________
REGIONAL

October 19, Voice of America
Civic groups press to end hydropower development on lower Mekong River –
Ron Corben

Bangkok – Civic groups meeting in Thailand are petitioning regional
governments to halt dam construction on two major Southeast Asian rivers.
The groups say the dams threaten food supplies for millions and are
leading to human-rights abuses in some areas.

Environmental and human-rights activists say regional governments are
looking at an outdated development model for generating electricity that
fails to recognize people's rights. They say the dams do not ensure
equitable and sustained development.

The groups are attending a so-called People's Forum before the Association
of Southeast Asian Nations summit later this week.

The environmental group, Towards Ecological Recovery and Regional
Alliance, collected more than 20,000 signatures asking governments to
abandon plans to build dams along the lower Mekong River.

The petitions are to be presented to the leaders of Cambodia, Laos and
Vietnam, which share the river with Thailand. The activists have asked
Thailand's government to abandon the projects.

An alliance representative, Premrudee Daoroung, says the 11 dams on the
lower Mekong threaten fishery stocks.

"Our main concern is that if the Lower Mekong mainstream dams happen the
fishery for the whole Mekong region will be blocked and fishery is a very
thing - it is out of concern that if that [occurs] it will destroy the
livelihood of millions of people in the region," said Premrudee.

More than 60 million people in Southeast Asia are dependent on the Mekong
River for fishing. The river starts in Tibet and runs 4,800 kilometers
through China and Southeast Asia.

Meanwhile, more that 50 civic groups from Burma submitted a petition to
the Thai government demanding a halt to dam construction on the Salween
River between Burma and Thailand.

Five dams have been planned for the Salween - four to deliver power to
Thailand and one to supply China.

The groups accuse Burma's military of committing human-rights abuses at a
dam site in the country's Karen State and one in Shan State.

The Salween Watch Coalition led the petition drive. Sai Sai, a coalition
spokesman, says the Burmese military has forced thousands of people from
their homes.

"Even though [construction of] the dam is just beginning and doing the
survey, the military has forced people out from their homes," he said. "So
now more than 70,000 people - including indigenous people - are already
relocated out of their home towns. So right now the affected people in
Burma have not been consulted on the dam construction."

Sai Sai says the projects lack transparency and accountability, because
the money for them goes to the military government. The groups want all
the dams to be put on hold until Burma has a democratically elected
government.

____________________________________
INTERNATIONAL

October 19, Mizzima News
Constitution entrenches junta’s culture of impunity: Report

New Delhi – The international community should not support the Burmese
military junta’s 2010 elections because it will entrench military rule and
a culture of impunity, the International Centre for Transitional Justice
said in a new report.

The ICTJ, in its report titled “Impunity Prolonged”, said the junta over
the past two decades has been deliberately into human rights violations as
a tool to suppress its people and all oppositions and has designed a
constitution that will sanction impunity for their actions.

Amidst numerous other violations documented by various human rights
organizations, the report mainly identified sexual violation, forced
labour and use and recruitment of child soldiers, as Burma has ratified to
international conventions on the three categories.

Members of the Burmese military “armed with guns and the knowledge that
they are not likely to be held accountable for their abuses, often resort
to inhumane behaviour,” the report said.

Rape is tolerated and is seen not as a crime but rather as a necessary
strategy to punish individuals, families, and communities that may oppose
the government, the report said.

“This illusion validates and encourages more violations,” the report added.

It furthers that Burmese civilians are often snatched from their homes and
forced to provide free labour to support the junta’s endeavours against
opposition forces. And with the high rates of attrition in the armed
forces, the expanding size of the army, the numbers of volunteers
decreasing, and deserters increasing, recruiters have turned to children
to meet their quota.

“While all of these activities are illegal under Burmese and international
law, they persist because of the country’s culture of impunity,” said the
report adding that the culture of impunity is the essence of the junta’s
new constitution.

The junta’s 2008 constitution gives amnesty to the ruling regime for any
crimes they have committed it also allows the military to dominate the
government and to protect their interest.

Besides, the constitution reserves 25 per cent of seats for the military
in Parliament and also allows the military to override the Parliament and
declare a state of emergency anytime it deems right, in the name of
national security.

“The Burmese continue to be forced to live with mass violations, impunity
that encourages more crime, a constitution that entrenches the military’s
power and a blanket of terror over political opposition,” the report said.

The report said any strategic approach should be on catalyzing change,
preparing for future accountability, preserving and organizing evidence,
and effectively using available international mechanisms.

And in doing so, the report urged the international community to
strengthen Burmese activists both inside and at the border to be able to
effectively document the human rights violations and preserve and organise
evidences.

____________________________________
OPINION / OTHER

October 18, Asian Tribune
The lives of two Nobel Laureates – Nehginpao Kipgen

As the season of the world’s prestigious prize announcements are underway,
the circumstances of two renowned Nobel Peace Prize recipients are
riveting: the stories of Barack Obama of the United States of America and
Aung San Suu Kyi of Burma.

Many Americans awoke surprise on October 9 when the five-member Norwegian
Nobel Committee awarded the 2009 peace prize to the 44th president of the
United States of America. In fact, the president himself said he was
"surprised and deeply humbled" and does not deserve to be in the company
of many other transformative figures who have been honored.

By receiving the prize in less than a year in the White House, Obama has
become the fourth sitting U.S. president to have been honored by the Nobel
Committee. The other three recipients were: Jimmy Carter in 2002, Woodrow
Wilson in 1919, and Theodore Roosevelt in 1906.

The Nobel committee said it awarded the prize to Obama for his
"extraordinary efforts to strengthen international diplomacy and
cooperation between peoples." He is basically awarded for the goals yet to
be achieved.

Though there are pockets of criticisms and reservations on the selection,
the Nobel Committee was convinced that it was too good to ignore Obama’s
emphasis on disarmament and diplomacy. The committee was reportedly buoyed
by Obama's vision of a nuclear-free world, laid out in a speech in Prague
in April and at the United Nations in September.

During his visit to Moscow in July, president Obama and Russian president
Dmitry Medvedev agreed to work out a new limit on delivery vehicles for
nuclear warheads of between 500 and 1,100. The two leaders also agreed to
reduce warhead from the current range of 1,700-2,200 to as low as 1,500.

In his historic address to the Muslim world from Cairo in June, Obama
tried to reinvigorate the relationship between the United States and the
Muslims. He offered a new beginning of relationship based upon mutual
interest and mutual respect, and common principles of justice and
progress; tolerance and the dignity of all human beings.

By deciding to end the unpopular war in Iraq and shifting the U.S. focus
on Al Qaeda fighters in the mountains of Afghanistan and Pakistan, Obama
has earned greater international support, especially from the North
Atlantic Treaty Organization (NATO) allies.

While the prize may add to his international image, president Obama’s
popularity at home is declining in recent months. The October 1-5
Associated Press poll showed that 56 percent of Americans approved his job
performance. September 17-20 NBC/Wall Street Journal poll found that only
half of all Americans backed his handling of foreign policy. According to
Gallup poll, Obama had 83 percent approval rating in January.

At the other end of the world, there is another Nobel Peace Laureate who
has spent her life under very different circumstances. Aung San Suu Kyi of
Burma was awarded the Nobel Peace Prize "for her non-violent struggle for
democracy and human rights" in 1991. Suu Kyi has spent 14 of the last 20
years in detention since July 1989.

During the general election in 1990, Suu Kyi’s National League for
Democracy (NLD) won 392 of the 485 seats contested in the 492-member
assembly. The military-backed National Unity Party (formerly known as
Burma Socialist Programme Party) secured only 10 seats. Despite the
resounding victory, the party was never allowed to form a government.

Obama was privileged to be born in a country where fundamental democratic
principles are respected, as enshrined in the Universal Declaration of
Human Rights. The 2009 Nobel Laureate could freely organize and ran for a
Senate seat, and later vied for presidency. In contrast, the 1991 Laureate
was barred from the 1990 general election, and she is likely to remain
behind bars until the military junta’s proposed 2010 election is over.

Obama is expected to be in Oslo in person to deliver an acceptance speech
in December. In 1991, Suu Kyi’s prize was received by her son Alexander
Aris. In his speech, Aris said: “I know that if she were free today my
mother would, in thanking you, also ask you to pray that the oppressors
and the oppressed should throw down their weapons and join together to
build a nation founded on humanity in the spirit of peace.”

Aung San Suu Kyi continues to be a staunch advocate and believer of
non-violence who likes to resolve the conflicts in Burma peacefully. In
the latest sign of positive development, at her request, Suu Kyi was
allowed to meet diplomats from the United States, the United Kingdom and
Australia on October 9 to discuss their views on sanctions on Burma. This
issue, for a while, has been Than Shwe’s (junta chief) key condition for
entering a dialogue with Aung San Suu Kyi.

Sadly in Burma, there is no independent Gallup poll to gauge the
popularity of Suu Kyi. Nevertheless, she remains to be a promising leader
who can be widely accepted by the different ethnic groups of the country.

While Obama is building his international image through diplomacy, Suu Kyi
in her utmost capacity is working to establish a democratic society in her
country.

Nehginpao Kipgen is a researcher on the rise of political conflicts in
modern Burma (1947-2004) and general secretary of the U.S.-based Kuki
International Forum (www.kukiforum.com). He has written numerous
analytical articles on the politics of Burma and Asia for many leading
international newspapers.

____________________________________

October 19, Irrawaddy
Defeating HIV/AIDS, preserving the future – Phyu Phyu Thin

When the immune deficiency syndrome disease (HIV/AIDS) first appeared in
Burma in 1988, it was said that the first case was that of a sailor who
was infected with the disease.

Possibly for that reason, after 1990 the syndrome was commonly known as
"sailors' disease." Then the disease spread among the homosexual community
in 1994-95, and it was called the "gays' disease."

I learned a little about the disease in school, but personally, I wasn’t
very interested in the issue.

When I joined the National League for Democracy (NLD) in 1996, I became
involved in various social issues, but HIV / AIDs still wasn’t high on my
list.

By that time, it was well-known as the "4-alphabet disease" among Burmese
youth, or "Lay lone disease” in Burmese. Many people were afraid when the
government launched its first awareness campaign with billboards saying,
"AIDS has no cure and there is no medicine for it."

Apart from awareness campaigns, the government had no program to give
blood tests to people in vulnerable communities such as drug users or sex
workers, and it neglected the spread of the disease.

As the situation worsened, many people died from HIV/AIDS. In my small
community, adults and youths died from the disease, their bodies shrinking
into the form of a skeleton. If someone asked, their relatives might say
that they died from tuberculosis (TB) or cerebral malaria.

When she was free for a brief period, Aung San Suu Kyi, a leader of
vision, said during a speech in 1998 at the 13th International AIDS
conference in Durban that openness will help control the spread of HIV,
since people can discuss how it is contracted, how to control its spread
and how to help those who already have the virus.

She said "containing the spread of HIV/AIDS is preserving our future,"
and, "If we could develop more compassion in this world then we would all
have achieved a happier, more peaceful world."

Suu Kyi selected 19 NLD youth members to be trained in HIV prevention and
care at the United Nations Development Program office in Rangoon. After
the training, all 19 members started working in a NLD prevention and care
program for HIV/AIDS patients. Since then, without financial assistance or
salaries, we have worked to deliver care and raise HIV/AIDS awareness.

Meanwhile, the authorities are always looking at what we do, and they
sometimes harass us because we are NLD members. It’s hard to keep the work
going. The program continues with a small group of workers, including me
and Khin Htar Yee, who is liked my elder sister. With meager resources, we
keep the program going amid many uncertainties and great anxiety.

I recall that our first HIV/AIDS patient was a police officer. Since then,
we have cared for almost 2,000 infected patients. Many of our patients
died while receiving our care. Many stories are tragic, but others are
heart warming.

In our early days, we treated patients unsystematically, and we learned as
we did our work. We went to patients' homes and offered help such as
washing clothes, cleaning a room or cooking. We were not familiar with
HIV/AIDS medicines, and we had no source for knowledge or supplies. The
patients were thankful for our support, but we couldn’t provide medical
care, and they died.

At first, we faced tremendous hardships because of the stigma attached to
HIV/AIDS. Most patients didn’t want others to know of their illness. In
some cases, families welcomed us. But many families rejected us, not
wanting to be associated with the disease.

At that time, most people believed HIV/ AIDS was a disease of bad moral
character or shameful behavior. The problem was compounded by the military
government’s fear-driven campaign. Many patients would not go to hospitals
or health services, and they wanted to keep their infection secret, which
could sometimes lead to reckless lifestyles and more infections.

Many patients arrived too late to be treated at the Wai Bar Gi Infectious
Disease Hospital. Those who could be treated often couldn't afford to buy
drugs in the government’s ill-equipped hospitals.

Now many of our patients are given ARV (anti-retroviral drugs) medicine
and support, and most can continue their lives.

However, while cheaper and affordable drugs are now available, some
patients still go to faith healers or take herbal medicines or dangerous
concoctions, seeking a cure. Some even eat dog meat once a day, believing
it can cure them. We have a long way to go to remove misguided beliefs and
deep-seated fears.

If Suu Kyi were free and able guide us, we could work to support our
patients and treat the disease even more effectively.

I have committed my life to help people with the disease and to eliminate
the spread of HIV/AIDS in Burma. I urge people to join in the fight to
prevent this catastrophic disease.

Phyu Phyu Thin, a member of the National League for Democracy, is a key
organizer of the NLD’s HIV / AIDS outreach program

____________________________________
INTERVIEW

October 18, Bangkok Post
In search of democracy - Kachin leader engages junta

Freelance journalist Myint Shwe recently met Manam Tu Ja in Laiza on the
Chinese border, where they discussed possible implications of the volatile
situation in Burma and his brand-new Kachin State Progressive Party

Recently, the New Light of Myanmar, the mouthpiece of the Burmese junta,
carried an article extolling former Kachin rebel leader Manam Tu Ja's
decision to set up a political party to contest the general election in
2010. Tu Ja had taken part in a national constitutional drafting
convention organised by the junta from 2004-07 as a representative of the
Kachin Independence Organisation (KIO).

Despite the reservations by the opposition National League for Democracy
(NLD) led by Aung San Suu Kyi, many believe that the 2010 election is the
only solution to the country's problems. In Rangoon, upstart groups are
springing up each day in preparation for the election, the date of which
has yet to be announced.

The KIO has approved Tu Ja's decision and officially relieved him of
leadership responsibilities. But on the other hand, the KIO and the United
Wa State Army (UWSA) - the two most powerful armed ethnic organisations,
which signed ceasefire agreements with the Burmese junta 20 years ago -
are resisting the government's plan to transform them into state
administered Border Guard Forces (BGF).

The KIO, with a fighting force of 4,000, and the UWSA, with 20,000
soldiers, are currently negotiating with the junta. Both sides are
emphasising the importance of peace, and the use of political means to
find a solution. The junta vanquished the Kokang, a much smaller armed
group along the border with China, this past summer. A newly installed
Kokang leadership has accepted the BGF proposal.

Some Burma observers think the junta might delay the elections. Pessimists
even foresee a resumption of civil war in the north and in the east of the
country.

There was news recently that the State Peace and Development Council
(SPDC) would form an interim government, probably in October, to handle
the upcoming election. What is your opinion on this?

Yes, we heard about it. If it is true, it is for the good. I mean it must
have been made with good intentions. Given the current situation, it might
be better to let an interim government carry on the remaining steps of the
(seven-step) road map (for democracy). It is better suited to convene the
election and to hand state power over to the newly elected government.

How will the SPDC proceed with its plan to transform the KIO and the UWSA
into Border Guard Forces?

In principle, the transformation of indigenous armed organisations is
necessary in order to harmonise with the country's political transition, I
mean toward a democratic state. However, in doing so, we may need to allow
enough time, great patience, and unlimited consultation with the
indigenous people.

Like many others, I can sense that both the SPDC and the ceasefire groups
prefer negotiation to a resumption of violence; both sides do not want to
lose peace that has been achieved so far. Therefore, until they get a good
solution, more patience is needed to work toward it. I firmly believe this
hurdle will be overcome and the transformation will take place eventually
and peacefully.

There are some pessimistic views in the political circles in Rangoon
regarding this issue. Some even forecast that the election might be
postponed until this problem is solved. If you think the issue will be
solved peacefully, can it happen before the election?

I cannot tell with certainty. However, it seems to me that this issue will
be solved before the election. I know some (armed) organisations are
saying that this issue should be relegated to the next government; well I
think it is up to the (current) government. If the government decides to
leave the issue to the post-election period, it can do so, but I think the
government side appears to have determined to finish it first.

On their side, the peace groups wish that their status would be left as it
is now and discussed in the coming Union Assembly, or be solved by the new
government. But I think this is less likely.

According to Burmese state-owned media, you are one of the few people who
have been viewed favourably by the government. If the government asks you
to help negotiate with the KIO on the BGF plan, would you consider it?

I do not think the government would ask me to intervene in any manner. The
government has been fully capable of solving the problems it has faced so
far. Besides, the government's style of work is dealing directly with the
parties concerned, allowing only those who are involved. I am totally out
of it.

You have decided to form the Kachin State Progressive Party (KSPP). You
are still a leader of Kachins and an ex-KIO leader. How much will the
current transformation issue affect your efforts and those of the KSPP.

We have determined to play a new game, urban politics. As you know, I
clearly have burned the bridge behind me. Therefore, I will say the KSPP
has nothing do to do with the KIO, regardless of whether it can negotiate
its stand with the government, or not.
Have you relinquished your KIO membership?

Yes, I have formally resigned both from the KIO leadership and from the
organisation. I personally do not have a single stake left with the KIO.
On the other hand, I have cooperated with the government's road map since
the National Convention and I am still cooperating with it through my plan
to form a political party and to stand in the coming election.

In this regard, I want to emphasise that the KSPP will be a political
party based entirely on the urban population (in Kachin state); it will
play urban politics only. The KSPP will be marching along with the flow of
the democratic age. We are now clearly and totally separated from the KIO.
It does not necessarily mean I do not like the old ways of politics
anymore. I just choose the new way, the democratic, civilian way, and the
way of urban politics. So, whatever is happening on the other side will
not be related to us in any way.

What is the story behind the formation of the KSPP?

Last year the people in Kachin State called a mass meeting and formed a
large group called Kachin State Transitional Period Leading Body. This
body consisted of representatives from all walks of life, such as
religious leaders, businessmen, scholars and people from political
organisations like the KIO and other smaller ones such as the New
Democratic Army Kachin (NDAK).

The KIO consulted with the transitional body regarding the coming
election. Through the body the Kachin people expressed the belief that the
election approach to political transition as an option should not be
rejected entirely, since it is inevitable. So it was recommended that a
political party be formed to contest the election.

The leading body of the KSPP was formed, with 53 representatives drawn
from that Transitional Period Leading Body.

There were 10 representatives from the KIO, of which I was one. Five of
these have returned to the KIO and the remaining five, including me, are
now with the KSPP.

So we are totally independent of the KIO, as I told you earlier.

Some who are from smaller political organisations other than the KIO have
also become civilian politicians like me, and no longer members of any
armed group. That is why I said we are totally independent of any armed
organisation. We are now a political party in the true sense of the word,
and based on the civilian Kachin population.

Does the KSPP intend to represent all the Kachin State?

Yes, we felt that there should be only one local political party for the
whole of the Kachin state, though we will not oppose others in Kachin
state that wish to have their own parties. But we will try to make an
alliance and merge with them.

We expect that bigger national parties like the National Unity Party
(ex-Burma Socialist Program Party) and the National League for Democracy
(NLD), might decide to run in the election in Kachin State, and other
government-supported proxy parties and candidates as well. Our party, as a
local party, intends to embrace all peoples and groups, united in the
state. I want to say that the KSPP is a geographically instituted
political party, or a state-based party, not based on religion or
ethnicity, and focused on the all-round progress of the Kachin state.

In this regard, I want to say that the KSPP is going to be a constructive
party in all aspects, with positive attitudes.

Our purpose in founding a political party is not to oppose whatever the
government does or is going to do. We will cooperate with anyone when we
believe their ideas are beneficial to the Kachin state, as well as the
union as a whole. We will open the doors of our party widely. There will
be room for everyone and leadership opportunity for anyone who
demonstrates calibre.

What will be the first activity of the KSPP once you have officially
launched the party?

We have yet to set up our organisational structure systematically and
launch officially. When the government allows parties for registration we
will do so, and we will launch our organisational work with the Kachin
public within the framework the government allows.

Will the KSPP's party work be limited to within the state?

Yes, it will be within the Kachin State.

Do you have anything more to say?

The constitution and the elections are the two important things we need to
have in order to make a smooth and successful turning point in this era of
our country's history. This is the only door which is open for us at this
moment.

This is why we are starting now and starting where we can start
practically. It is given by circumstances, not choice. But I believe, if
we work on steadily along this line, one day - I say one day - we will be
at the destination all of us have envisioned.

I know there are criticisms of the new constitution. But even if the
constitution is to be revised or amended in certain aspects, the only ones
who can do so are the elected persons who have come through the 2010
election, and the only venue is the Union Assembly.

There is no way to bypass the election and the Union Assembly created by
it. This should be clear.

Myint Shwe (myint.shwe at gmail.com) is a Canada-based long time Burma
observer and freelance journalist.

____________________________________
PRESS RELEASE

October 18, Burma Partnership
Burma Civil Society groups at ASEAN Peoples’ Forum call on ASEAN to
address the regime’s serious breaches of the Charter

A delegation of Burma civil society actors organized by the Task Force on
ASEAN and Burma (TFAB) are attending the ASEAN People’s Forum/ASEAN Civil
Society Conference in Cha-am, Thailand, on October 18-20, days before the
ASEAN Summit. The APF/ACSC has been reformatted to create greater
opportunities for interaction between civil society and ASEAN senior
officials. Burma’s civil society groups are calling on ASEAN to address
the SPDC’s violations of the regional body’s Charter.

On 19 October, Ashin Sopaka of the International Burmese Monks
Organization will be speaking on a panel addressing political and security
issues in ASEAN. Other members of the delegation will be raising issues of
sexual violence, environmental exploitation, child soldiers, political and
ethnic oppression at the hands of the military junta, and rights for
migrant workers.

“The regime’s volatile approach to consolidating power in the lead up to
the 2010 elections, including attacks against ethnic groups and democratic
opposition, is a clear threat to regional peace and security. At the
upcoming summit, ASEAN must address the junta’s serious breaches of the
Charter. It can start by engaging in critical political dialogue with the
regime and supporting the Burmese people’s efforts towards national
reconciliation,” said Khin Ohmar, Coordinator of Burma Partnership and a
member of TFAB.

The Task Force on ASEAN and Burma is a network of Burma's civil society
actors working to promote a people-centered ASEAN that is supportive to
the cause of democracy, human rights, and peace in Burma.

CONTACT:
Khin Ohmar +66 0818840772
Jessica Stevens: Media Officer +66 0851366702