BurmaNet News, January 1-4, 2010

[Editor]

January 1-4, 2010, Issue # 3868


INSIDE BURMA
New York Times: Junta confirms elections in Myanmar
Reuters: Myanmar pushes poll 20 years after ignoring NLD win
Mizzima: Economist urges reforms and transparency
AP: Myanmar court charges US citizen
The Age: Radios from Australia 'used in Burmese military campaigns'
DVB: Locals tortured following Karen defection

BUSINESS / TRADE
AP: Myanmar to give big boost to gov't worker salaries
Irrawaddy: Tay Za granted electricity contract
Irrawaddy: Anger over mobile phone charge hike

INTERNATIONAL
Mizzima: Opposition welcomes British PM’s Letter
Mizzima: US marks Burmese Independence Day, reaffirming new Burma approach

OPINION / OTHER
Irrawaddy: Constitutional impunity for Generals in Burma - Kay Latt
New Light of Myanmar: Message sent on the occasion of the 62nd Anniversary
Independence Day by Chairman of the State Peace and Development Council
Senior General Than Shwe

____________________________________
INSIDE BURMA

January 4, New York Times
Junta confirms elections in Myanmar - Mark McDonald

Hong Kong — The head of the military junta in Myanmar confirmed Monday
that it was planning to hold national elections this year.

No specific dates or procedures for the elections were announced, although
Western diplomats in Myanmar, formerly known as Burma, have received
indications that the vote will come in the late spring or early summer.

The confirmation of the elections was made by the head of the junta,
Senior Gen. Than Shwe, in an open letter published in a state-run
newspaper, The New Light of Myanmar. The letter, which also marked the
62nd anniversary of the nation’s independence from Britain, encouraged
citizens to “remain vigilant at all times against dangers posed by
neocolonialists.”

“The state’s seven-step road map designed for emergence of a peaceful,
modern and developed nation is the sole process for transition to
democracy,” General Than Shwe said. “The program is in the process of
being implemented step by step.”

Myanmar last held an election in 1990, when the National League for
Democracy won a landslide and the party’s leader, Daw Aung San Suu Kyi,
was set to become prime minister. But the ruling generals dismissed the
results and have remained in power since.

A new Constitution was passed in 2008 in a referendum that was widely
assailed as a sham. The document reserves a substantial number of future
seats in Parliament for the military and factions loyal to the junta, and
many analysts believe the Constitution is a way for the military to
perpetuate its control over the political and economic life of the
country.

The Obama administration has recently indicated it is open to direct
dialogue and improved relations with the junta, and an assistant secretary
of state, Kurt M. Campbell, paid an official diplomatic visit in November,
meeting with the prime minister, Gen. Thein Sein.

American diplomats have emphasized that Washington’s wide array of
political and economic sanctions will not be relaxed until progress is
made on human rights. That progress will be diplomatically tied to the
rules and conduct of the upcoming elections.

A number of Myanmar’s neighbors in the Association of Southeast Asian
Nations also have said they will be closely watching the elections to
gauge the country’s progress on human rights.

“Countries in the region and certainly, institutionally, Asean can offer
support to ensure that the elections are viewed as credible,” Secretary of
State Hillary Rodham Clinton said after Mr. Campbell’s trip.

She added that “planning for these elections must be a priority, and how
it is monitored is something to be discussed and analyzed.”

“But what’s important is getting some confidence that these will be free,
fair, and credible elections. Otherwise, the Burmese leadership and the
results of the election will not have international legitimacy.”

The United States and Britain, in official diplomatic documents and
statements, still refer to the country as Burma.

Meanwhile, Mrs. Aung San Suu Kyi remains under house arrest in Yangon, the
former Rangoon, and it is unlikely that she will be allowed to play an
active role in the elections. The new Constitution bars anyone from
holding public office if they have married a foreigner. Mrs. Aung San Suu
Kyi’s late husband, Michael Aris, was a Briton.

She was allowed to confer last month with three senior leaders of her
political party, and in November she was permitted to speak with Mr.
Campbell.

Myanmar’s Supreme Court said last week it would review an appeal of her
detention on Jan. 18. Mrs. Aung San Suu Kyi has spent 14 of the last 20
years in prison or under house arrest.

____________________________________

January 4, Reuters
Myanmar pushes poll 20 years after ignoring NLD win - Aung Hla Tun

Yangon – Reclusive Myanmar ruling General Than Shwe urged the country on
Monday to make "correct choices" in this year's general election, but gave
no hint about exactly when the long-awaited polls will take place.

Myanmar's last election, in 1990, ended with a landslide win for Aung San
Suu Kyi's opposition National League for Democracy but the junta ignored
the result and has since jailed more than 2,000 activists and political
opponents, many for minor offences.

Suu Kyi herself has been under house arrest or other sort of detention for
14 of the last 20 years.

In a message to mark the 62nd anniversary of Myanmar's independence, Than
Shwe championed the junta's much-criticized "road map" as the only route
to democratic change, but gave no timeframe for the vote.

"Plans are under way to hold elections in a systematic way this year," he
said in the address, read out on television by a senior junta official and
carried in state-run newspapers.

The 76-year-old gave no new details about the election in the former
British colony, and described the junta's seven-stage reform plan as "the
sole process of transition to democracy."

The election has already been widely dismissed as a means to entrench
nearly five decades of unbroken military rule, with the junta hoping a
public vote would legitimize its monopoly of national politics.

Critics of the army-drafted constitution say Myanmar's legislature will be
dominated by the military and their civilian stooges, with limited powers
and representation for dozens of ethnic groups or established opposition
parties.

The notoriously secretive regime has yet to say who can take part in the
polls.

Several major ethnic groups are resisting calls to join the political
process, saying they have nothing to gain.

Many analysts believe the delay in naming an election date is to give the
government more time to bring the ethnic groups on board, either
voluntarily or through military force.

The National League for Democracy has not said whether it will run in the
polls and has rejected the constitution promulgated in 2008 because of the
power it grants to the military.

On Monday it urged the regime to release all political prisoners and
engage with all the parties involved.

"All the stakeholders need to hold a dialogue with a sincere intention
toward national reconciliation and for the benefit of the country and the
people," said Khin Muang Swe, the head of the NLD's central executive
committee.

____________________________________

January 4, Mizzima News
Economist urges reforms and transparency

Rangoon — A leading Burmese scholar has urged institutional reforms after
the advent of a new government following the elections this year, to
improve people’s living standards across the country.

Dr. Aung Tun Thet, an economist and former senior UN official said health
care, education and welfare sectors should be accorded priority in terms
of reforms after the general elections. He urged more transparency in the
country’s development process.

At a seminar on ‘Ethical leadership and ethical business’ held at the
UMFCCI headquarters in Rangoon on January 2, the economist said leadership
and business circles need to be ethical and held accountable to the
public.

“If the ethics are poor at the top, it percolates to the grassroots in
society,” he said.

The professor also urged establishing of Corporate Social Responsibility
(CSR) to make the business community more ethical in the country. “CSR is
essential in Myanmar,” he said.

Many Burmese businesses have a nexus with the corrupt government.

The Burmese business sector does not usually have CSR, nor do they realize
its need. There are some CSRs in foreign energy companies like TOTAL and
Daewoo operating in the country.

Dr. Aung Tun Thet said the role of the media is very important in society
as it can make business and leaders accountable. He said media today
operates faster and can reach a wider audience in a short time.

He gave the instance of ShweGoneDine Special Clinic (SSC), which sparked a
wide debate on medical ethics for the doctors in the country.

A patient, suffering from dengue fever was wrongly operated upon resulting
in his death in SSC two months ago. The government had to intervene as the
local media questioned medical ethics and the role of the private clinic
in the country.

“Being ethical should not be confined to the medical profession but also
be present in business and leadership,” he said.

Dr. Aung Tun Thet also expressed concern with the method of surveys that
is based on answers from village heads and officials in villages or
townships in the country.

It is better for the country to represent the voices of ordinary citizens
to get the correct information, he said.

He also encouraged the young generation to be ethical in their work place
and learning as it will give the best results and raise the value and
moral standards which are critical for the people and society.

The January 2 seminar was attend about 500 people including academics,
officials of the UMFCCI, young professionals and students.

____________________________________

January 1, Associated Press
Myanmar court charges US citizen

Yangon – A special court Friday formally charged a Myanmar-born American,
initially accused of attempting to foment rebellion against the country's
military rulers, for forgery and violation of the foreign currency act,
his lawyer said.

In another court case, the Supreme Court announced that it will hear final
arguments to decide whether to review the most recent extension of the
house arrest of democracy leader Aung San Suu Kyi.

Kyaw Zaw Lwin, a U.S. citizen, was charged with forgery for allegedly
making up a national identity card, which carries maximum 7-year prison
term. He was also charged with violating the currency act, that could put
him in prison for another three years, said his lawyer Nyan Win.

Kyaw Zaw Lwin, who is also known as Nyi Nyi Aung, was arrested Sept. 3
when he arrived at Yangon airport and accused of trying to stir up
anti-government protests.

The lawyer said his client ended a 12-day hunger strike on Dec. 15 and
"looked well and was in good spirits."

Kyaw Zaw Lwin's mother is serving a five-year prison term for political
activities and his sister was sentenced to 65 years in prison for her role
in pro-democracy protests in 2007.

The lawyer for Suu Kyi, also Nyan Win, said the Supreme Court posted an
announcement on its notice board setting Jan. 18 as the date to hear final
argumentd in her latest case.

Suu Kyi's lawyers appealed to the Supreme Court in November after a lower
court upheld a decision to sentence her to 18 months of house arrest. She
had been convicted in August last year of violating her previous term by
briefly sheltering an American intruder who swam uninvited to her lakeside
home.

The legal team argued that her house arrest extension was unlawful as it
was based on provisions from the 1974 Constitution that was no longer in
existence, said Nyan Win.

"We are optimistic that the Supreme Court will review the Divisional Court
decision as we have presented strong legal points," he said.

The 64-year-old Nobel Peace Laureate was initially sentenced to three
years in prison with hard labor, but that sentence was commuted to 18
months of house arrest by junta chief Senior Gen. Than Shwe.

Suu Kyi has been detained for 14 of the past 20 years.

Suu Kyi's sentence ensures she cannot participate in Myanmar's first
elections in two decades that are scheduled for next year. Her party swept
the last elections in 1990, but the results were never honored by the
military, which has ruled the country since 1962.

____________________________________

January 4, The Age (Melbourne, Australia)
Radios from Australia 'used in Burmese military campaigns' - Hamish McDonald

ADVANCED radio sets supplied to Burma by an Australian company have been
diverted to military use, linking the Burmese army's headquarters with key
regional commands running its brutal wars against ethnic minorities,
according to monitors of the country.

The radio sets, made and supplied by Perth-based Barrett Communications,
have been used in recent months at the Burmese army's headquarters in the
capital Naypyidaw and at the army's central, eastern and north-eastern
commands involved in campaigns against Shan and other insurgent forces.

The Burmese Government is tendering for 50 more of the Barrett 2050
high-frequency radio sets and associated data modems, which can carry
voice, data, email and fax with a high degree of reliability and security.

The radios use frequency-hopping software that switches messages rapidly
between about 500 frequencies, making them hard to intercept and
unscramble except by the most sophisticated intelligence agencies such as
the US National Security Agency or Australia's Defence Signals
Directorate.

Australian National University professor Desmond Ball said he was told of
the military's induction of the Barrett 2050 during recent research as
part of a project into Burma's military communication for the ANU's
Strategic and Defence Studies Centre.

"Radio stations that monitor Burmese HF communications began detecting
extensive use of these through the course of 2009 by the military at the
highest command level, from Naypyidaw to at least three of the regional
commands," he said.

"They are still using other systems for the divisions down to the brigades
and battalions, but for high-level military communications there is no
doubt."

Barrett's managing director, Phil Bradshaw, said yesterday his company had
been supplying the civilian-model 2050 radios to Burma for some time
through a local agent, with the approval of the Customs authorities
vetting exports for conformity with sanctions against the military regime.

"They're not actually used by the military as such," he said. "They're
used for just internal communications within Burma.

"I can't say the army haven't used them but I don't think they have. The
export people know that we are sending these out. Our radios aren't for
military use, the ones that are going to Burma, they're straight Barrett
2050s with data systems which are used to send data from point A to point
B. They're not tactical radios by any means."

Mr Bradshaw confirmed that a Burmese ministry was tendering for 50 more of
the 2050 radios and modems.

Professor Ball said it was common for the Burmese military to get advanced
dual-use technology through civilian fronts.

"That's how it gets a lot of its fibre-optic gear and all the rest," he
said. "They pretend they are civilian. There's no other way they can get
it for the military.

"These are high-quality things that the military badly wants; that
frequency-hopping system basically defies monitoring."

____________________________________

January 4, Democratic Voice of Burma
Locals tortured following Karen defection

A pro-junta Karen army in eastern Burma have kidnapped a village chief and
tortured locals after several of its members defected to an opposition
group, locals say.

The Democratic Karen Buddhist Army (DKBA) have accused villagers in Kyar
Inn Seik Gyi township in Karen state of assisting the six defectors, who
last week joined the Karen National Union (KNU).

Several of the locals who fled Asoon village reported that around 40 DKBA
troops and 60 Burmese army troops arrived at the village on 2 January and
started torturing residents.

The village chief, Daw Kalal, has also been taken captive and the DKBA are
demanding compensation from villagers for the weapons taken by the
defectors.

One villager said the DKBA and the government troops also opened fire on
villagers in their farms outside of the village on the morning of 1
January, injuring one man.

“[The troops] found him plucking some beetle nuts outside the village and
interrogated him,” he said. “He was shot
in his arm.”

He added that the troops also opened fire on the house of a local
government school headmistress, Ohn Cin, forcing her to flee.

The DKBA split from the KNU in 1995 and allied itself with the Burmese
government, whose conflict with the KNU has stretched over 60 years.

____________________________________
BUSINESS / TRADE

January 1, Associated Press
Myanmar to give big boost to gov't worker salaries

Yangon – Myanmar's military regime, apparently hoping to placate civil
servants facing spiraling prices, will raise the salaries of low-paid
government employees starting Jan. 31, a regime official said Saturday.

Under the new scale, civil servants with the lowest pay of 15,000 kyat
($15) per month to mid-level pay of 80,000 kyat ($80) will receive a fixed
increase of 20,000 kyat ($20) per month, said the official who spoke on
condition of anonymity because he was not authorized to speak to the
press.

The government has not officially announced the salary hike, but employees
have seen official circulars about the increase.

Employees receiving salaries above 100,000 kyat ($100) per month are
excluded from the hike.

The raises appear to be an effort to douse discontent among civil
servants, and come as the government tries to garner support among the
population for this year's general elections.

Myanmar, one of the world's poorest nations, has been hit hard by the
spiraling price of commodities and consumer items, including rice and
cooking oil.

Massive fuel price hikes in August 2007 sparked violent protests in the
country.

____________________________________

January 4, Irrawaddy
Tay Za granted electricity contract - Wai Moe

The Htoo Trading Co Lt, listed on the US sanctions list and owned by Tay
Za, a business crony of senior Burmese generals, and others have been
awarded a contract to build, operate and transfer electricity for two
hydro power projects in Burma.

Htoo Co Lt is the first private Burmese company to be awarded such a
contract in the hydro power sector.
Tay Za speaks at a press conference of the Yangon United soccer club in
Rangon. (Photo: The Irrawaddy)

According to a short report on Thursday in a state-run-newspaper in
Burmese, Myanma Alin, the Ministry of Electric Power-1 and the Htoo
Trading Co Lt signed an agreement on Dec. 29 to build, operate and
transfer electricity from the Hsedawgyi and Htaka hydro power projects.

On Saturday, Myanma Alin also reported that the Ministry of Electric Power
-1 signed contracts with three companies.

The article did not say how long the agreement would remain in effect, but
sources in the Rangoon business community said the contract between the
government and Htoo Co. was for 75 years.

The Hsedawgyi dam will be build north of Mandalay. The articles did not
mention the location of the proposed Htaka dam.

Observers in Rangoon say privatizing hydro-power projects could be a first
step in the military government's attempt to resolve electricity shortages
in the country. Almost the entire country lacks enough electricity to fill
its needs.

In Rangoon and Mandalay, the two largest cities, electricity distribution
is rationed to six hours a day per household while industrial zones are
allocated 12 hours a day. According to statistics from the Ministry of
Electric Power-2 , the country needs 1,555.25 magawatts while power plants
can produce only 556 magawatts.

The Ministry of Electric Power-1 manages power plants. The Ministry of
Electric Power-2 is responsible for distributing electricity.

“We heard that Htoo Company would also manage the distribution of
electricity in Rangoon and Mandalay in the future even though electric
distribution under the Ministry of Electric Power-2 has yet to be
privatized,” said an editor at a Rangoon-based private journal.

Prior to the 62nd anniversary of Burma’s Independence Day, the state media
published a series of articles on hydro power projects in the country,
saying Burma “will achieve electricity sufficiency with surplus production
across the nation” in the near future.

Tay Za, also known as Teza, also owns Air Bagan, Myanmar Avia Export Com
Ltd, Htoo Group of Companies, Htoo Wood and Ayer Shwe Wah Co Ltd. The
companies are involved in logging, gems, telecommunication, Internet
technology and export-import. He also owns the Yangon United FC soccer
club.

Burmese dissident groups have accused junta head Snr-Gen Than Shwe and his
family of doing business through Tay Za’s companies. Than Shwe and Tay Za
recently appeared together in a photograph in government newspapers was on
Dec.12. The state media reported the two met when Than Shwe inspected a
Tay Za company at Yadanabon IT City near Mandalay.

Irrawaddy correspondents in Rangoon contributed to this story.

http://www.irrawaddy.org/article.php?art_id=17523

____________________________________

January 4, Irrawaddy
Anger over mobile phone charge hike - Ba Kaung

A doubling of mobile phone charges in Burma at the same time as civil
servants are promised a fixed monthly cash allowance is creating public
anger in Burma.

An official at the Ministry of Post and Telecommunications told The
Irrawaddy anonymously that rates charged by such popular mobile phone
services as GSM and WCDMA rose from 25 kyat (US $0.025) to 50 kyat
($0.050) a minute.

A mobile phone costs an average of $1,500 in Burma. An official report
last month disclosed that the country has more than 1 million mobile phone
users.

News of the increase sparked public anger, particularly as the rise
accompanied reports that civil servants are to receive a fixed monthly
allowance of 200,000 kat ($20), with effect from Jan. 1.

“All civil servants from the lowest position to the post of
director-general will enjoy this allowance,” a Naypyidaw customs officer
said.

The phone charge increase has already caused a drop in the number of calls
made, and the cost of phone cards has dropped from around 2million kyat
($2,000) to 1,600,000 (US$1,600).

“We have to pay a huge amount of money to buy a mobile phone,” said a
Rangoon teacher. “This increased rate is like strangling the people.”

Although the new phone charges do not apply to the 900,000 land phones in 
use in Burma, news of the increase has created public confusion. Owners of
land phones have increased charges from customers wanting to make calls.

 “Some phone owners are now charging 200 kat ($0.20) instead of the
original rate of 100 kyat ($0.10) per call,” a Rangoon resident said.

In other New Year economic news, the price of gold has jumped in the past
week from
594,000 kyat ($594) a tical (16.4 grams) to 598,500 kyat ($599).

Further increases in the cost of living are expected—including funeral
services. A non-governmental organization source said cremation charges
are expected to leap from 1,000 kyat ($1) to 7,000 kyat ($7).

“We heard that all state departments have been directed to increase their
revenues this year,” the source said.

____________________________________
INTERNATIONAL

January 1, Mizzima News
Opposition welcomes British PM’s Letter - Salai Pi Pi

New Delhi– The leading Burmese opposition party today congratulated
British Prime Minister Gordon Brown for reiterating the United Kingdom’s
support for Nobel Peace Laureate Aung San Suu Kyi and her struggle for
political change in Burma.

Nyan Win, Spokesperson for the National League for Democracy (NLD), on
Thursday said the party praised the move of the British Prime Minister,
who wrote to Aung San Suu Kyi on Tuesday of this week and assured her that
his country will continue in the new year to help in the fight for the
restoration of democracy and freedom in military-ruled Burma.

“Such a sort of call was unusual, but we welcome it,” Nyan Win told Mizzima.

According to a statement from the British Foreign and Commonwealth Office
issued on December 29th, Brown is proud of the detained Burmese democracy
leader for dedicating her whole life to the cause of freedom and democracy
in Burma.

“You have selflessly highlighted the wider suffering of the Burmese people
rather than dwelling on your own pain. And through that courage you have
gained the respect of the entire international community not just for a
person, but for a cause,” Brown said in his letter.

Brown also urged the Burmese military regime to engage with Aung San Suu
Kyi and to allow her to maintain contact with diplomats in Rangoon.

Aung San Suu Kyi, still under house arrest, has spent over 14 of the past
19 years in detention. Her party won a landslide victory in the 1990
election after the present military government assumed power in 1988.

However, the military government refused to honor the result of the
election. At present, a new election is scheduled for 2010 as part of the
regime’s seven-step road map to “disciplined democracy.”

Brown said a genuinely inclusive, free and fair election and the
participation of Aung San Suu Kyi in the rebuilding work of the country is
the only path that can lead military-ruled Burma into an era of peace,
stability and progress.

“If the scheduled elections proceed under a rigged constitution, with
opposition leaders excluded and with no international oversight, the
military rulers will be condemning Burma to more years of diplomatic
isolation and economic stagnation,” warned Brown.

Brown further stressed that there is no sign of change likely to happen in
Burma as Burmese regime still refusing the call of regional and
international community for the release of Aung San Suu Kyi and committing
human right violation in the country.

____________________________________

January 1, Mizzima News
US marks Burmese Independence Day, reaffirming new Burma approach

Chiang Mai– The United State remains ready to improve ties with Burma if
there is measurable progress toward democracy in the country, according to
a statement released on Wednesday in the run-up to the 62nd anniversary of
Burma’s independence from Britain.

The statement from the US State Department expressed the warmest wishes to
the people of Burma on the occasion, which falls on January 4th, and
referred to recent meetings between diplomats of the two countries during
which the United States reaffirmed its unwavering support for an
independent, peaceful, prosperous and democratic Burma.

“The United States stands ready to take steps to improve bilateral
relations based on reciprocal and meaningful efforts by the Burmese
government to fulfill the Burmese peoples' democratic aspirations,” the
statement specified.

“We support the peaceful efforts of people everywhere to exercise freely
their universal human rights, and we look forward to the day when Burma’s
citizens will be able to do so. We hope that day will come soon,” it
added.

The United States has opened a high-level dialogue with the junta as part
of President Barack Obama's policy of reaching out to its long-time
adversary.

Recently, the US State Department also welcomed the Burmese regime
allowing Aung San Suu Kyi to pay her respects to three senior leaders of
the National League for Democracy in the Burmese cosmopolitan capital of
Rangoon.

In September, the US announced a new policy on Burma that will involve
direct engagement with the Burmese military junta while maintaining
existing sanctions that can be tightened or eased depending on political
progress in the Southeast Asian Nation.

In November, Hillary Clinton, United States Secretary of State, urged
ASEAN nations to convince Burma to hold transparent general elections
after a meeting with Asia-Pacific Economic Cooperation (APEC) foreign
ministers in Singapore.

Clinton emphasized that ASEAN needs to nudge Burma towards democracy as
"the internal problems with Burma are not confined within Burma's
borders.” She added the US will not set any conditions for Burma's move
towards democracy but that sanctions on the military regime will remain in
place for the time being.

____________________________________
OPINION / OTHER

January 4, Irrawaddy
Constitutional impunity for Generals in Burma - Kay Latt

"In the military everybody is liable for their failure to abide by the
law. No one is above the law," said Gen Thura Shwe Mann shortly after Gen
Khin Nyunt had been taken into custody on corruption charges.

But, Burma's 2008 Constitution states things somewhat differently: it is
not about equality under the law and justice. It's about special
exemptions granted to the generals and those working for the state
institutions that control Burma.

In paragraph 445 in the chapter “Transitory Provisions” of the
Constitution, it states: “No proceeding shall be instituted against the
said Councils (the State Law and Order Restoration Council and the State
Peace and Development Council) or any member thereof or any member of the
Government, in respect of any act done in the execution of their
respective duties.”

According to the above provision, no legal action can be taken for any act
done by the members of SLORC or the SPDC in contrast to Gen Shwe Mann's
statement. The generals are constitutionally above the law.

The need for constitutional impunity, is illustrated in some haunting
stories that have followed generals for years.

In early July 1990, about a month after the election, U Kyi Maung, then de
facto leader of the National League for Democracy, said in an interview
with the now defunct Hong Kong-based  Asiaweek magazine that Burma did not
need a Nuremberg type tribunal.

However, he said some individuals such as Major-Gen Khin Nyunt might
reasonably feel themselves insecure. In a SLORC press conference,
Major-Gen Khin Nyunt made a personal challenge to U Kyi Maung, saying he
could be tested in comparison with U Kyi Maung in terms of intellect,
patriotism or moral character.

The general's remark psychologically reflected his personal sensitivity
and insecurity about legal proceedings against him. Fourteen years after
his challenge against U Kyi Maung, he was arrested and sentenced to 44
years in prison on corruption charges. But the real reason for his arrest
was his tacit challenge against Sen-Gen Than Shwe.

Gen Khin Nyunt is not the only general who has been victim of their own
hypocrisy. In 1997, several generals who were members of SLORC, the first
military clique who led the coup d'état in 1988, were expelled and
arrested mostly due to their excessive corruption.

In fact, Sen-Gen Saw Maung, Than Shwe's predecessor and the coup leader in
1988, was also dethroned and died in oblivion not long after.

Gen Ne Win who was the pioneer of Burma's military coups and who ruled
Burma for almost three decades died without a proper funeral ceremony
under undeclared house arrest. His family, once the most powerful and
influential in Burma, vanished and some were arrested and imprisoned.

In Gen Ne Win's era of 1962-88, a long list of military leaders from
Major-Gen Aung Gyi, Major-Gen Maung Maung, Brig-Gen Kyaw Zaw, Brig-Gen
Aung Shwe (now chairman of NLD) to Gen Tin Oo (now vice chairman of the
NLD), Major-Gen Tin Oo (chief military intelligent), Col Kyi Maung, Col
Maung Lwin, Col Chit Khaing and many others, were expelled or arrested for
their potential threat to his power.

The current generals are aware of the history of generals in neighboring
countries who try to rule by force.

In South Korea, former generals and presidents such as Chun Doo Hwan and
Roh Tae Woo were jailed on charges of corruption in 1996 after they
stepped down. Chun's family was accused of embezzling US $4 billion during
his rule. He received a death sentence, which was later reduced to life.

In Indonesia, Suharto, the former president and coup leader, was put under
house arrest and investigated for corruption, accused of embezzling US
$571 millions. Suharto was not properly prosecuted due to deteriorating
health, but many of his relatives, including his son, were sentenced to
prison on corruption charges.

In the Philippines, after the “People Power Movement” in 1986, Marcos,
then president, fled the country into exile. In the United States, he and
his family were indicted for embezzlement. He died in the United States in
1989.

According to Transparency International, Marcos was the second most
corrupt head of government ever, after Suharto.

There are many more stories of generals or self-proclaimed leaders who
meet ignoble ends: Gen Noriega of Panama, Gen Pinoche of Chile, Gen Saddam
Hussein of Iraq, Slobodan Milošević of Serbia and countless others in
Africa continent.

Another reason the Burmese generals are trying to protect themselves is
the fear of being indicted for “crimes against humanity” or “war crimes”
committed during their rule.

In a report by the International Human Rights Clinic of the Harvard Law
School titled “Crimes in Burma,” five of the world's leading international
jurists analyzed scores of UN documents and reports from several different
UN special rapporteurs, and suggested that abuses in Burma are potential
crimes against humanity and war crimes and called for the UN Security
Council to establish a Commission of Inquiry.

In August, 2009, a Paris-based INGO called the International Federation
for Human Rights together with ALTSEAN Burma and the Burma Lawyer Council
issued a report titled “Burma/Myanmar International Crimes Committed in
Burma: The urgent need for a Commission of Inquiry,” which presented an
overview of existing documentation on human rights violations perpetrated
by the military regime.

In the report, the organizations called for the establishment of an
international Commission of Inquiry mandated by the United Nations
Security Council to investigate allegations of crimes against humanity,
war crimes and other widespread systematic human rights violations.

In another report released in September by the International Center for
Transitional Justice titled “Impunity Prolonged: Burma and its 2008
Constitution” called for the  international community to work with the
Burmese government to establish an independent Commission of Inquiry into
serious human rights violations, including sexual violence, the
recruitment and use of child soldiers and forced labor.

The reason for calling for a  Commission of Inquiry is because the only
way to get the case to the ICC is through a UN Security Council referral,
since Burma is not a signatory to the ICC statute.

To date, Uganda, the Democratic Republic of the Congo, and the Central
African Republic which are member State Parties have referred cases
occurring on their territories to the court. In addition, the Security
Council has referred cases in Sudan, which is a non-State Party.

However, the Burmese generals may have an alternative to such trials
should they attempt national reconciliation in the manner of South Africa,
which established a truth and reconciliation commission.

After the abolition of apartheid, a Truth and Reconciliation Commission
was set up and witnesses, victims and perpetrators of human rights
violations were invited to give statements about their experiences. Most
of the people who committed abuses during the apartheid era were granted
amnesty.

However, the Burmese generals are hedging their bets through the
Constitution, which also grants them the right, during a State of
Emergency, to abolish and take over the elected government.

In paragraph 432 of the Provisions on State of Emergency, it states  that
no legal action can be taken against the generals or  any administrative
body or any of its members  when sovereign power are exercised by the
National Defense and Security Council.

The generals are doing everything possible through the Constitution to
prolong their hold on power and to protect them from the consequences of
human rights violations and war crimes.

But clearly, if history is the judge, such efforts offer no real
protection for those who abuse the rights of their fellow countrymen. The
generals would be wise to pursue a course of national reconciliation as
quickly as possible, including the establishment of a truth and
reconciliation commission.

____________________________________

January 4, New Light of Myanmar
Message sent on the occasion of the 62nd Anniversary Independence Day by
Chairman of the State Peace and Development Council Senior General Than
Shwe

Entire national people to remain vigilant at all times against dangers
posed by neo-colonialists
Pursuing national goal is, in fact, laying substantial foundations for a
prosperous future of the nation

The following is a translation of the message sent on the occasion of the
62nd Anniversary Independence Day by Chairman of the State Peace and
Development Council Senior General Than Shwe.

It is an honour for me to extend my warmest greetings to all national
people of the Union on the 62nd Anniversary Independence Day of the Union
of Myanmar, an auspicious day.

Myanmar, where various national races make their home in unity and amity,
has stood tall as a sovereign nation with own monarchs in the
international community since time immemorial.

In late 19th century, Myanmar fell under the yoke of colonial rule and
lost sovereignty and independence. Inspired by a strong sense of
patriotism, Union Spirit and the fervour of making sacrifices in the
interest of the nation and the people, national brethren bravely fought
back the colonialists. As a result, the Union of Myanmar regained
independence and sovereignty. Today, Independence Day enters 62nd
anniversary.

The people of various national races always uphold the bounden duty or
historic lessons such as non-disintegration of the Union,
non-disintegration of national solidarity, and perpetuation of
sovereignty.

Therefore, Myanmar again stands tall as a sovereign nation.

It is required of the entire national people to remain vigilant at all
times against dangers posed by neo-colonialists, and to make sustained
efforts, putting the national policy in the fore and exerting patriotism
for ensuring perpetuity of the motherland. Now, many projects are ongoing
simultaneously for ensuring equitable development of all parts of the
Union, and improving the living conditions of the people. Pursuing the
national goal of building a peaceful, modern and developed nation with
might and main is, in fact, laying substantial foundations for a
prosperous future of the nation.

While nation-building tasks were in full swing, the nation was hit hard by
Cyclone “Nargis”. However, rescue, rehabilitation, reconstruction and
regional development tasks could be launched promptly and effectively in
the storm-hit areas. Now, the living standard of the survivors is far
better than that previously, thus reflecting the consolidated unity and
brilliant performances of the government, the people and the Tatmadaw.

The State’s seven-step Road Map designed for emergence of a peaceful,
modern and developed nation is the sole process for transition to
democracy. The programme is in the process of being implemented step by
step. Now, the new State constitution has been approved with massive
support of the people. Plans are under way to hold elections in a
systematic way this year. In that regard, the entire people have to make
correct choices, then.

On the occasion of the Independence Day, I would like to exhort the entire
people of various national races, with firm determination that the
ultimate goal of the public-to build a peaceful, modern and developed
nation-must come to fruition, to harmoniously see to the four objectives
of the 62nd Anniversary Independence Day (2010):

(1) All the national people to constantly join hands for ensuring the
perpetuity of independence and sovereignty of the State,

(2) All the national people to collectively strive for non-disintegration
of the Union and non-disintegration of national solidarity,

(3) All the national people to harmoniously make allout efforts to build
up a modern, developed discipline- flourishing democratic nation in
accordance with the new State Constitution that has been approved by the
votes of the great majority of the people,

(4) All the national people to cooperate in realizing the State’s
seven-step Road Map with Union Spirit and patriotic spirit.