BurmaNet News, March 20 - 22, 2010

[Editor]

March 20 – 22, 2010, Issue #3921


INSIDE BURMA
Irrawaddy: Political parties begin to register in Naypyidaw
Irrawaddy: New Mon Party to join election
DVB: NLD to test election laws in court
Mizzima News: Worries spread regarding NLD split

ON THE BORDER
Narinjara News: Bangladesh blocks refugee registration for Burmese Muslims
outside camps
SHAN: Wa ordered to pull out its bases along Thai-Burma border

BUSINESS / TRADE
Wall Street Journal: Tata Motors to build heavy truck plant in Myanmar

INTERNATIONAL
Irrawaddy: US calls for election law changes in Burma
VOA: Pro-Democracy activist returns to US from captivity in Burma

OPINION / OTHER
Bangkok Post: Asean should take a stand on Burma – Editorial
Bangkok Post: Burma's long, hard road to democracy – Achara Ashayagachat
Irrawaddy: China comes to junta's rescue again – Wai Moe
New Light of Myanmar: The right decision and choice – Banya Aung





____________________________________
INSIDE BURMA

March 22, Irrawaddy
Political parties begin to register in Naypyidaw – Ko Htwe

Two political parties—the 88 Generation Students of the Union of Myanmar
(GSUM) and the Union of Myanmar National Political Force (UMNPF)—were the
first to register on Monday to participate in the planned general
election.

Representatives of the two parties traveled from Rangoon to the Burmese
capital, Naypyidaw, to register at the Election Commission office there.
The GSUM was the first to hand in its registration application.

UMNPF Chairman Aye Lwin told The Irrawaddy on Monday: “Our country  lags
behind in comparison to others. I feel we have a chance to solve that
problem in a political way.”

The UMNPF and the GSUM have close associations. Aye Lwin's younger
brother, Ye Htun, is expected to be named chairman of the GSUM.

The GSUM is distinct from the original 88 Students Generation group led by
 prominent former students—including Min Ko Naing and Ko Ko Gyi—who are
now in prison.

Aye Lwin, a 46-year-old former political prisoner, started his own
political group in 2005. His close contacts with regime officials (he had
a meeting with Rangoon's mayor, Maj-Gen Aung Thein Lin, five months ago)
have made him unpopular with young activists, who accuse him of accepting 
substantial financial support from them.

Several other parties say they will register before the 60-day deadline
expires. Democratic Party leader Thu Wai said his party's central
executive had decided on Sunday to send a representative to Naypyidaw to
register.

Han Shwe, executive member of the National Unity party, said: “Our party
will also register within the fixed date.”

A number of ethnic groups also say they are preparing to register as
political parties.

Manam Tu Ja, joint chairman of the Kachin Independence Organization (KIO),
who resigned to form the Kachin State Progressive Party (KSPP), said  the
KSPP would register before the annual Water Festival in April.

Shwe Ohn, a prominent Shan leader said his party, whose name has not yet
been confirmed, also intended to register within the next 10 days.

The newly promulgated election laws require parties to pay a registration
fee of 300,000 kyat ($300) and 500,000 kyat ($500) for each candidate
fielded in the election.

____________________________________

March 22, Irrawaddy
New Mon Party to join election - Lawi Weng

The Mon will officially announce a new political party on March 31 to
represent the Mon people in the election, according to Mon sources, who
added that the new party was formed last year in Moulmein and has a name
and a written constitution.

Speaking with The Irrawaddy on Monday, Min Soe Lin, a  committee member of
the new Mon political party and an executive member of the Mon National
Democratic Front (MNDF), said: “The new party has a five-member advisory
board and a 15-member committee that includes three Mon Buddhist monks.”

Min Soe Lin was one of five MNDF representatives who won seats when the
party ran in the 1990 election. After the election the junta disbanded the
party and arrested at least four of the elected representatives including
Min Soe Lin, who was sentenced to seven years in prison.

The new party is ready to register and participate in the election, he
said, but after a meeting on March 15, they decided to delay making an
official announcement until after the main opposition party, the National
League for Democracy (NLD), announces on March 29 whether they will
participate in the election.

“If the NLD doesn't join the election, four committee members including
myself will not join the new party because we disagree with the 2008
Constitution,” he said, adding that 11 committee members would remain.

The new Mon political party currently comprises some former central
committee members of the New Mon State Party (NMSP), which is the Mon
armed wing that entered a ceasefire agreement with the junta in 1995, the
MNDF and other respected community leaders in Mon State.

Two executive members from the MNDF will join the new political party,
according to Mon sources.

Mon leaders are divided on whether to participate in the election, meanwhile.

Those who don't accept the 2008 Constitution view the election as a sham
and say it will not be free and fair.

Nai Hang Thar, the secretary for the NMSP, told The Irrawaddy on Monday
that the new constitution denies fundamental ethnic rights and will allow
the military to hold onto power.

“The junta are holding an election because their main political goal is to
supersede the 1990 election result that gave the NLD victory and legalize
their military rule,” he said.

Other Mon leaders believe the election could offer an opportunity and they
will continue to fight for Mon freedom in the new Burmese parliament even
after the junta takes 25 percent of the seats.

The NMSP announced last year that it will not participate in the election.
The NMSP leaders believe that they must maintain their armed wing because
Burma is controlled by a military government.

To avoid increasing tensions among its members, however, the NMSP leaders
said they would allow members to resign and join the new Mon political
party if they wished.

Mon leaders believe that letting the NMSP maintain its armed wing to
continue the potential for armed struggle while the new Mon political
party takes the fight to the democratic stage is the right strategy.

Many Mon observers in Mon State, meanwhile, say they do not trust the
junta to hold a free and fair election and they don't believe the new Mon
political party will gain any freedom for the Mon people.

Sources in Moulmein said the new Mon political party including former NMSP
central committee members are currently working together mobilizing youths
in Mon State for the election in 2010.

____________________________________

March 20, Democratic Voice of Burma
NLD to test election laws in court – Htet Aung Kyaw

Burma’s principal opposition party is to launch a legal challenge against
election laws that bar its leader from running for office and require her
expulsion if the party is to participate.

The recently announced laws have been met with outrage by Burmese
opposition groups, rights groups and even world leaders, with British
prime minister Gordon Brown reportedly urging UN chief Ban Ki-moon to hold
an emergency meeting on the situation.

The National League for Democracy (NLD) party, whose leader Aung San Suu
Kyi remains under house arrest, met on 20 March and agreed to launch the
legal challenge.

“We discussed how we are going to approach this in accordance with the
law,” said party spokesperson, Nyan Win. “We are now preparing and [the
case] will be on legal grounds soon.

“For now, I don’t think we can tell you what is in our plan because this
is what we will raise in court,” he added.

The likely outcome of the challenge is hard to predict, with Burmese
courts tightly controlled by the ruling junta. The election laws appear to
have been carefully crafted by the military generals to ensure that they
remain in control after polling, likely under the guise of a civilian
government.

Suu Kyi’s multiple periods of detention under house arrest, coupled with
her marriage to a foreigner, Michael Aris, make her ineligible for office
under the 2008 constitution and recent party registration laws.

Nyan Win said last week that he was “extremely surprised” by the severity
of the laws that also require the party to expel Suu Kyi if it wants to
figure in the elections.

He added that the NLD was facing “a crisis” which could only be remedied
with a meeting between all members of the party’s Central Executive
Committee, which is unlikely given that Suu Kyi is its chief.

Media inside Burma has reportedly been banned from publishing
non-government-sanctioned opinions about the election laws while
regulations continue to trickle out on a week-by-week basis.

Although no date has officially been set, it will be Burma’s first
elections since 1990, when the NLD won and landslide victory which was
never honoured by the junta.

Much of the international community has said that all of Burma’s 2,100
political prisoners must be released before elections can be considered
free and fair.

____________________________________

March 22, Mizzima News
Worries spread regarding NLD split – Phanida

Chiang Mai – Fears are the ranks of the National League for Democracy
(NLD) could fracture following a contentious debate within party
leadership on whether the party should re-register or not.

Aung Shwe, Chairman of the main opposition party, reportedly proposed
re-registration at a March 15th meeting at party headquarters in Rangoon
in order to secure the party’s survival.

However, the debate remains hotly contested as to whether or not Burma’s
primary opposition party should re-register with an eye to possible
participation in the 2010 elections.

"The party could split into two factions owing to discussion on whether to
participate in the election or not. The party should negotiate with the
SPDC [Burmese junta] and within party membership as well. I believe the
leadership can make a correct decision," said Khin Nyunt Mu, Secretary of
the NLD’s Women’s Affairs Working Group in Pegu Division.

All political parties must register with the election commission within 60
days from March 17th according to the recently enactednld-office-ygn1
Political Party Registration Law. At present there are ten political
parties remaining from the 1990 general elections, including the NLD.

The NLD has to date reiterated its intent to stand by its Shwegondaing
Declaration, which calls on the military junta to release all political
prisoners including Aung San Suu Kyi, a review of the 2008 constitution,
recognition of the 1990 general election results and commencement of a
dialogue aimed at national reconciliation.

The Declaration echoes ideas debated and agreed upon by political
prisoners during the course of the 1990s, which outlined perceived
conditions relating to the release of opposition leader Aung San Suu Kyi.

Khin Maung Swe, a Central Executive Committee member of the NLD, said the
party should re-register, with the envisioned release of Aung San Suu Kyi
providing for a readily available base of leadership.

"While we have not yet made clear a decision on whether to join the
election or not, it is critical for the party to re-register. If we accept
we are united with Daw Aung San Suu Kyi, there must be a political party.
When she is released she will definitely come to join us," argued Khin
Maung Swe.

However, sources close to the NLD said there is a division within the top
20 members of the party’s leadership, with Chairman Aung Shwe, Khin Maung
Swe and Dr. Than Nyein heading a pro-registration faction opposed by the
likes of Win Tin, Nyan Win and Ohn Kyaing.

As the decision appears deadlocked at the Central Executive Committee
level, half of whose members remain incarcerated, the party has called for
a March 29th meeting of the 100 Central Committee members to assist in
deciding the matter.

If the NLD leadership chooses to enter the election, contends Khin Saw
Htay of the NLD's Women’s Affairs Working Group in Magway Division, “they
would thereby default on their longstanding claim for the results of
the1990 elections to be honored.”

"In the case of making a decision for the party on whether to join in the
new election or not, every Central Committee member must show their
courage. I worry they will vote pro-election since they are in fear of
arrest. If so, I denounce them for the sake of ending the military
dictatorship," she said.

Today, NLD members from Meik-Hti-Lar Township in Mandalay Division sent a
letter to party headquarters proposing an open voting system in making the
decision.

"A person should openly stand for his or her political position. I call on
them to openly state their position," remarked Myint Myint Aye, a party
member downgraded to ordinary party member status due to a violation of
party regulations in February of this year.

She faults party leadership for a lack of preparation to the present crisis.

Tin Oo, Vice-Chairman of the NLD, himself recently released from house
arrest, has yet to make any public statement regarding party
re-registration. But he has stated he will stand together with Aung San
Suu Kyi no matter her decision.

According to election laws, prisoners are not allowed to stand for
election, let alone be members of political parties. Aung San Suu Kyi is
currently serving an 18-month sentence for purportedly harboring an
American man who gained illegal access to her lakeside compound in May
2009.

____________________________________
ON THE BORDER

March 22, Narinjara News
Bangladesh blocks refugee registration for Burmese Muslims outside camps

Dhaka: Muslims from Burma who are now living outside refugee camps in
Bangladesh have been denied the chance to register as refugees with the
UNHCR by the Bangladesh government due to fear of triggering an exodus of
Muslims from Burma, according to official reports.

Bangladesh Food and Disaster Management Minister Abdur Razzaque refused to
allow the registration when he met recently with UNHCR representative to
Bangladesh, Craig Sanders, at the secretariat.

"International agencies, including UNHCR, are creating pressure on the
government to register more Refugees living outside the camps. We, being a
poor nation can not give shelter to so many refugees and therefore want
their repatriation to their homeland," Razzaque said.

Thousands of Muslims from Burma, who are known internationally as
Rohingya, are living outside of Kutupalong refugee camp in Cox's Bazar
without any kind of help from the outside world.

International organizations are now pressing the government of Bangladesh
to allow registration of more Rohingya refugees outside the camps on
humanitarian grounds.

The minister added, "If the government started registering more Rohingyas,
it would encourage a fresh influx of the refugees into Bangladesh and
worsen law and order in the coastal districts of Chittagong and Cox's
Bazar."

About 25,000 Burmese Muslim refugees living in camps have been registered
as refugees, but many thousands more living outside the camp are being
denied the chance to register as refugees by the Bangladesh government.

"The Rohingya refugee issue was no longer a national problem of the
country as it has become a regional concern. The Rohingya refugees, also
illegally migrating to Thailand, Indonesia, and Malaysia, have become a
regional concern," he said.

Dhaka has tried to repatriate the Burmese refugees staying in camps in
Cox's Bazar through negotiations with Rangoon since they came to
Bangladesh in 1992, but the plan has remained unsuccessful.

Muslims who are living in northern Arakan State in Burma have been
illegally crossing into Bangladesh on a daily basis, despite intensified
patrols on the border by the Bangladesh Rifles.

Bangladesh Food and Disaster Management Minister Abdur Razzaque also
refuted international media reports that Bangladesh police had launched a
crackdown on the Rohingya refugees, saying some non-governmental
organizations were involved in the propaganda for their own interest.

The minister warned that the authorities are trying to identify the NGOs
involved in such activities, saying, "We have asked the NGO bureau to
investigate the matter and take action."

____________________________________

March 22, Shan Herald Agency for News
Wa ordered to pull out its bases along Thai-Burma border – Hseng Khio Fah

Panghsang, the central headquarters of the United Wa State Army (UWSA) was
told to pull out all of its bases along the Thai-Burma border again and to
also move back all the people to their original area on the Sino-Burma
border if the group’s decision is still negative to Nyapyitaw’s border
guard force (BGF) program, according to sources from the Thai-Burma border
said.

The 10 March deadline has long passed since. The latest demand was
delivered through the Chinese officials last week, said a source.

Naypyitaw was reported to have offered to return Hopang and Markmang
townships to the Wa in exchange for Mongpawk in Mongyang township on the
Sino-Burma border and its 171st Military Region in Mongton and Monghsat
townships on the Thai-Burma border.

The Wa, nevertheless, responded that it would not withdraw any units
neither its 171st nor Mongpawk base.

The group added that it would stand fast to its 9 point counter proposal
until it is considered by Naypyitaw.

The group was said to be prepared to protect itself in the event of a fight.

Mongpawk is adjacent to the Wa ally, the National Democratic Alliance Army
(NDAA) better known as Mongla.

A senior Wa official said, “The 171st region was given to us by their top
leaders themselves. They [authorities] said if we could seize Khun Sa’s
territories, we were free to stay there.”

The UWSA waged a 7-year war against Khun Sa’s Mong Tai Army (MTA), 1989-1996.

Beginning 1999, the Wa started to relocate tens of thousands of ex-poppy
farmers from the northern mountain area to the southern lowland reportedly
at the suggestion of Gen Khin Nyunt, then the ruling military council’s
Secretary-1.

“It is nonsense to tell us now to return because we have invested billions
of Kyat (in several agricultural projects),” the official was quoted as
saying.

The 171st Military Region comprises 5 brigades, stretching from Mongton
township to Tachilek township opposite Maehongson, Chiangmai and
Chiangrai.

It population, according to Wa supreme leader Bao Youxiang, is 80,000.

The forced relocation of the Wa people from the Chinese border to the Thai
border was reported in 2002 by the Lahu National Development Organization
(LNDO).

For further information on the LNDO report, Unsettling Moves, please visit
www.shanland.org

____________________________________
BUSINESS / TRADE

March 22, Wall Street Journal
Tata Motors to build heavy truck plant in Myanmar – Nikhil Gulati

New Delhi --Tata Motors Ltd., India's biggest auto maker by revenue, said
Monday it has signed a pact with Myanmar Automobile & Diesel Industries
Ltd. to set up a factory for making heavy trucks in the Southeast Asian
country.

The factory at Magwe in Myanmar is expected to be operational during
January-March 2011, Tata Motors said.

The factory will have an annual capacity to make 1,000 vehicles and can be
expanded to 5,000 a year, it said.

The company didn't give any financial details, but said the project will
be funded by a line of credit from the Indian government.

____________________________________
INTERNATIONAL

March 22, Irrawaddy
US calls for election law changes in Burma – Simon Roughneen

An official at the US embassy in Bangkok has said that Burma's recently
announced election law must be amended, otherwise the scheduled 2010 polls
will be “very difficult to judge as free, fair or credible.”

Addressing a forum on Burma at Chulalongkorn University on Monday, George
Kent, who is Political Counsel at the US embassy in Thailand, compared the
military junta's handpicked Electoral Commission––which has veto powers
over candidates––to a similar system used by the rulers of Iran. He said
that although the US is “trying to take advantage of any potential
openings presented by the election period,” the electoral laws and bylaws
indicate that “the government does not have the intention to respond.”

He reiterated calls for the release of all political prisoners and the
holding of an inclusive dialogue process in Burma before the election is
held.

Kent added that the US is “closely considering” the recent report and
recommendations made by UN Special Rapporteur Tomás Ojea Quintana,
including the suggestion that the UN Security Council discuss the possible
establishment of a Commission of Inquiry into war crimes and crimes
against humanity in Burma.

Earlier an array of activists, journalists, academics and civil society
groups discussed the proposed election, with divisions emerging over
whether the polls represented a real opportunity for change in Burma.

The main opposition party, the National League for Democracy (NLD), is due
to announce on March 29 whether or not it will participate in the
election, with political prisoners including its leader Aung San Suu Kyi
barred from running. The NLD will have to expel Suu Kyi if it wants to
participate, according to the election law.

Dr. Nay Win Maung, the co-founder of Rangoon-based NGO EGRESS, said,
“Those of us inside the country do not have the luxury of opposing the
election,” which he said he believes will lead to a form of “liberal
authoritarianism,” which, though imperfect, will be better than the status
quo, he said.

“If we do not go through with the election,” he said, “we are choosing to
push continued military rule.”

That viewpoint runs counter to the view that by participating in an
election, the opposition parties would lend credence to the process that
“leads to a 'civilianization' of government, rather than a civilian
government,” said Larry Jagan, a Burma expert and former BBC correspondent
covering Asia.

Dr. Maung Zarni, now a visiting fellow at Chulalongkorn University, paid
tribute to the dissidents and more than 2,100 olitical prisoners inside
Burma. Dr. Zarni said he believes that many of the political prisoners
could secure their release by swearing their loyalty to the regime and
co-operating with its self-described “Roadmap to Democracy.”

“But they decide to stay in jail, for what they believe in,” he said.

Burmese activists in exile have asked that the international community to
refuse to recognize the upcoming election, and groups such as the Karen
National Union have already declared that they will not participate.

Thein Oo was elected as MP for the NLD in the 1990 election, which the
military overturned after a resounding NLD victory. Speaking last week at
the launch of a petition to oppose the election, he said that “parties
cannot campaign or participate when the law obliges them to kick out their
leadership or many of their key members in advance.”

Advocating optimism, Aung Naing Oo of the Vahu Development Institute said
that people need to “think outside the ballot box.” Ethnic minorities will
have some devolved powers, he said, and should avail of this new
opportunity to acquire a greater say in how Burma is run.

“There are some good generals, from the various ethnic groups, who may
decide to run for parliament,” he said. “We should be trying to support
those people.”

However the decades-old, on-off fighting between the Burmese-dominated
military and the ethnic groups will not be resolved by this election,
according to The Irrawaddy editor Aung Zaw, who said that without any
reconciliation there will not be any positive political change in Burma.

The Burmese army is reported to be sending reinforcements to ethnic
minority strongholds after ethnic militias defied four deadlines to stand
down and become part of the state border guard forces.

Director of the Brussels-based Euro-Burma Office, Harn Yawnghwe comes from
the Shan region of Burma. He recalled that military concerns about
possible separatism among ethnic groups motivated the 1962 coup, when the
military took power in Burma. “The may offer some concessions,” he said,
“but will not negotiate on key issues that the ethnic representatives
want.”

Other potential chinks of light, according to some observers, include the
recent spate of privatizations undertaken by the junta. Dr. Nay Win Maung
believes that by changing the relationship between the state and market,
the regime is facilitating what could be a different engagement between
government and civil society.

However, Canadian Ambassador to Thailand Ron Hoffman said that his
government was concerned at the “moribund services and lack of
transparency” in the privatization process, which Dr. Zarni compared with
the firesale of Russia's economy after the collapse of the Soviet Union,
when state assets and resources went for a relative pittance to former
regime insiders turned entrepreneurs.

“All this will do is expand and deepen the regime's economic comfort
zone,” he concluded.
____________________________________

March 20, Voice of America
Pro-Democracy activist returns to US from captivity in Burma

A naturalized American citizen has returned to the United States after
being held by the Burmese government since September.

Burmese-American Kyaw Zaw Lwin arrived Friday at Dulles International
Airport outside Washington, where he was re-united with his family.

The pro-democracy campaigner, who is also known as Nyi Nyi Aung, told
reporters upon his arrival that he is thankful to all the organizations,
individuals and the U.S. government for their efforts in winning his
freedom. He emphasized that his personal freedom is not as important as
the current situation in Burma, which he said "is pretty.

Burma's official New Light of Myanmar newspaper said Friday that the
government pardoned and deported Nyi Nyi Aung after giving "special
consideration to bilateral friendship" after the U.S. State Department
requested his release.

Last month, a Burmese court sentenced the activist to three years in
prison for violating immigration laws, possessing a fake national identity
card and carrying undeclared foreign currency.

Nyi Nyi Aung says he has been visiting the country to see his ailing
mother, who is being held in jail for her political activities.

Nyi Nyi Aung was one of the organizers of Burma's 1988 pro-democracy
uprising against the military government.  He became an American citizen
after fleeing to the United States.

According to United Nations estimates, there are more than 2,100 political
prisoners being held by the Burmese government.

____________________________________
OPINION / OTHER

March 21, Bangkok Post
Asean should take a stand on Burma – Editorial

As the general election in Burma, still scheduled for "sometime this
year", draws ever closer, it is time for the Association of Southeast
Asian Nations (Asean) to seriously consider a review of the grouping's
famous policy of non-intervention. Especially after the recently announced
election laws. There are few experienced Burma watchers who hold out much
hope that the elections will do much to break the military junta's grip on
power or bring about a more hopeful situation for its people.

One of the election laws requires that the National League for Democracy
(NLD) expel its leader, Aung San Suu Kyi, because she is serving a
suspended sentence under house arrest.

Even more distressing, UN special envoy Tomas Quintana, who visited Burma
last month, told the UN Human Rights Council that the elections due this
year could not be credible, because the ruling State Peace and Development
Council (SPDC) had failed to remedy human rights abuses including the
recruitment of child soldiers and the jailing of more than 2,000 prisoners
of conscience.

Mr Quintana has recommended a UN inquiry into whether war crimes and
crimes against humanity are being committed there.

It appears that as the election approaches increased tensions are
developing between the government and a number of ethnic groups.

An Associated Press report on Friday quoted the general secretary of the
Karen National Union (KNU), Zipporah Sein, as saying at a news conference
in Bangkok that the ''risk of armed conflict between powerful ethnic
minority groups and the military regime is at its highest level in more
than two decades as contentious national elections loom on the horizon''.
The KNU's military wing, the Karen National Liberation Army, is Burma's
largest ethnic army, and has for some time engaged in fighting against
Burmese troops, which it says is strictly to protect Karen civilians.
Independent reports from human rights organisations and the UN confirm
that the Burmese army is attacking and deliberately targeting civilians.

There are reports that other armed ethnic groups like the Kachin
Independence Army and groups which have signed ceasefire agreements with
the government, such as the Wa State Army and the New Mon State Party, are
also preparing for a possible war.

In these areas the rising tensions are due in large part to a government
plan to transform the armed ceasefire groups into a Border Guard Force
under its control.

While in more normal circumstances this may be a good idea, the history of
mistrust between the government and most of these groups probably makes
this an impossibility under such short notice.

Zipporah Sein, the first woman leader of the KNU, has said: ''The military
is sending troops to the areas of the ceasefire groups and they are ready
to fight if attacked. So the tension is rising between them.''

Individually, many influential people within the region, including some
government leaders, have spoken out against the situation in Burma in the
run-up to the election, but Asean has officially remained silent.

Failure to articulate a principled stand on the Burmese government's
flagrant disregard for accepted international election standards of
inclusiveness and transparency, and even more importantly, on the many
apparent human rights violations, could seriously hurt Asean's credibility
in the international community. Moreover, such a failure amounts to a
refusal to make the attempt to restrain the SPDC from one of the few
quarters which may have real influence on the Burmese leadership.

This applies also to China, which continually blocks efforts in the UN
Security Council to put pressure on Burma. Most recently this was done
when British Prime Minister Gordon Brown requested an emergency meeting to
discuss the Burmese electoral laws. Also last week, China's representative
to the UN Human Rights Council in Geneva said there has been an
improvement in Burma's human rights performance despite recent statements
like the one coming from Mr Quintana.

It is important for Asean and China to realise that any short-term gains
from placating Burma may be far outweighed by the consequences of allowing
the SPDC to continue in its present course.

____________________________________

March 22, Bangkok Post
Burma's long, hard road to democracy – Achara Ashayagachat

Burma might need three or four more elections before it could have a
working democracy, but it has to start with the first election, according
to leading dissidents.

But many activists remained unconvinced, saying the general election is
intended only to  whitewash the entrenched  military rule.

Harn Yawnghwe, executive director of Brussels-based Euro-Burma Office,
said there was nothing much the outsiders could do - Asean and China
strictly hold on to the non-interference principle while the US seemed to
be obsessed with Afghanistan, Iran and other concerns.

But it did not mean that these countries were not involved.

“Asean will eventually accept the election, no matter what the results
will be, hopefully not blatantly,” said Mr Harn, of Shan ethnic, at
Chulalongkorn University’s public forum Monday on "Myanmar/Burma –
Domestic Developments and International Responses."

Inside Burma, there also seemed to be very limited options, “Certainly,
the military will not allow people a lot of chances and they will not
bring about democracy, but people inside the country needed to maximize
the chance of having its first election in two decades,” said the senior
Shan dissident.

The election law has already stipulated that if political parties or
politicians boycott this election, the running candidate would
automatically win, no matter what.

 “The ethnic groups have to participate in this election, and they are
doing so. Burma might need a few more elections  before we could see some
working democracy,” Mr Harn said.

Aung Naing Oo, a Burmese student leader during the 1980s, said the general
election would open room for newcomers, unknown faces of various
minorities in political scenes, and these candidates, although most of
them had military backgrounds, should not be considered in a negative
light.

“Inside the limited narrow choice of work, many ethnic people inevitably
join the military. But these people are not necessarily evil. They are not
stupid but well-educated—so they should be better than the blatant
military SPDC,” said Mr Naing Oo, who advocated engagement with the
Burmese junta.

He told a strong audience this morning that election would lead to long
term prospect for bottom-up democracy, “This is a step that you must take,
there’s no other way. We might need another 3-4 elections before we can
see some positive light,” said the Chiang Mai-based analyst.
However, Khin Omar, coordinator of Burma Partnership, said the people
inside Burma needed a really inclusive, transparent process that respects
the rights of all peoples of Burma, not the current restricted
environment.

“The key mechanism through which the junta has guaranteed its continued
grip on power is the 2008 constitution that cements their authority in the
three branches of government,” said Ms Omar.

While new regional and state parliaments would provide some representation
for ethnic political voices, the constitution rejected their long-standing
demands for federalism. “The election may not be even held in many ethnic
areas,” said the Mae Sot-based activist.

Mr Harn argued that there was no ideal situation available, “Sixty years
of armed struggle could not overthrow the junta either, so we have to make
most use of the opportunity.”

Mr Naing Oo said a semi-military government was better than a blunt
military administration and this was a golden opportunity for both the
junta and Asean to endorse each other.

“There are in fact a lot of similarities between Burma and other Asean
partners.”

But Western diplomats still encouraged Burma’s neighbours, particularly
Thailand, Asean, China, and India to “do something”.

Canadian ambassador Ron Hoffmann said international community’s strategies
regarding Burma have remained divided, yet Burma issue was still part of
the G 8 political security concern.

Canada, where the majority of the  5,000 refugee population is from Burma,
is now the president of the Group of heavyweight countries (G8).

Mr Hoffmann conceded that while sanctions would still continue, the
international community needed to recognise there were wide views on the
ground.

“Canada’s civil society against the regime is quite strong but we are
still hesitant to close the space completely,” the Canadian ambassador to
Thailand  said. The election might not be free and fair but there’s a
painful decision to make by the people there — whether to endorse the poll
or risk the status quo.

Despite the disunity in the approach to Burma, the ambassador said, there
should be common space or issue. All the neighbouring countries including
Thailand, Asean, China, and India should communicate with the Burmese
government and greater dialogue needed to be forged and a commitment on
human rights and free and fair elections was a necessity.

“Asean and China have a non-interference policy but it is time they made a
tough decision. Asean, in particular, has been in real dilemma but it is
increasingly emerged as a grouping with its own human rights mechanism,
therefore they have a  legitimate role to play on Burma,” said Mr
Hoffmann.

While he urged Burma’s neighbours to “do something”, he felt the G8 and
Canada needed to be agile and evaluating —“a policy stance that is
changeable to the situation”.

George Kent, the US embassy political counselor, said Washington's stance
has been similar to other regional players here who would like to see a
dialogue between key stakeholders including opposition and ethnic groups,
but since last November's visit by US senior officials to the country,
there did not seem to be any positive signals.

“The election laws show unwillingness toward that ends. It’s also
disappointing to see the election commission was handpicked by the
regime,” said Mr Kent.

Like other Western diplomats, Mr Kent observed that Asean after expressing
blunt concerns on Burma’s development at the Asean meetings in Phuket, had
become silent.

Its earlier hope— a tripartite core group, a coordinating mechanism on
Post-Nargis Humanitarian Assistance, which was regarded as Asean window of
opportunity to work with the military regime, has been wrapped up. So the
Asean hope was also dashed, said the American diplomat.

Yet, he urged Thailand, Asean and all other players in the region that it
was now more critical in expressing and sharing concerns privately and
publicly with Burma that there must be some positive change and inclusive
process within the country.

____________________________________

March 19, Irrawaddy
China comes to junta's rescue again – Wai Moe

Beijing has once again come to the defense of Burma's ruling junta, using
its permanent seat on the United Nations Security Council (UNSC) to block
a move by the UK to raise the issue of the regime's recently announced
electoral laws.

“A number of council members support the idea of discussing Burma and
getting an update on the situation there. It’s the subject of negotiations
with the Chinese at the moment, who are always reluctant on these
matters,” a Western diplomat told Reuters on Friday.

Following the announcement of new electoral laws on March 8 that ban
Burma’s pro-democracy leader Aung San Suu Kyi and other dissidents from
contesting this year's planned election, Burma's ruling generals have
faced a fresh wave of international condemnation.

In an effort to apply pressure on the junta to review the laws, British
Prime Minister Gordon Brown, whose country is also a permanent member of
the UNSC, sent a letter to UN Secretary-General Ban Ki-moon earlier this
week requesting an emergency meeting to discuss the matter.

“Burma has ignored the demands of the UN Security Council, the UN
Secretary-General, the US, EU and its neighbors by imposing restrictive
and unfair terms on elections,” Brown said on Monday, adding that the UK
would seek international support to impose an arms embargo against Burma.

According to The Inner City Press, a news agency focusing on UN affairs,
Mark Lyall Grant, London’s Permanent Representative to the UN, walked into
the UNSC meeting on Tuesday morning to talk about Brown’s letter.

Instead of agreeing to a UNSC meeting on Burma, however, Ban requested a
meeting of the Group of Friends of the Secretary-General on Myanmar
[Burma] on March 25.

The Group of Friends includes Australia, China, France, India, Indonesia,
Japan, Norway, Russia, Singapore, Thailand, the UK, the US, Vietnam and
the president of the EU, a position currently occupied by Spain.

It was formed in December 2007 as part of a renewed effort to find an
international consensus to deal with Burma following the junta's crackdown
on monk-led mass demonstrations in September of that year.

On Monday, Beijing also offered its support to the junta at a meeting of
the UN Human Rights Council in Geneva. China's representative to the
council, Luo Cheng, said there has been an improvement in Burma human
rights situation.

He added that China appreciated the regime’s efforts to achieve political
reconciliation.

China also prevented the UNSC from taking up the subject of Burma in
October 2009, when
the matter was raised by the US and its allies. At the time, China said
the council should focus on civilian casualties in Afghanistan instead of
Burma.

Despite this show of public support for the regime, however, some Chinese
experts on Burma said policy makers in Beijing were also disappointed by
Naypyidaw’s election laws, which rejected international calls for
inclusive elections.

A Chinese scholar on Burma who spoke on condition of anonymity said that
the laws were not just a source of concern for the West, but also for
China.

China is also worried about ethnic issues along the Sino-Burmese border.
Tensions between Naypyidaw and border-based armed ceasefire groups have
been growing since last year over the regime's demands for the groups to
transform themselves into border guard forces. A return to open
hostilities on the border could affect stability and impact on Chinese’s
interests in Burma.

In addition to the billions of dollars invested by Chinese state-owned
companies in Burma’s oil and gas and hydropower industries and Beijing's
major role in developing trade routes to South and Southeast Asia through
the country, Chinese businessmen are involving in a wide array of legal
and illegal businesses in Burma, from border trade and jade mining to drug
smuggling and human trafficking.

This week, officials from both countries held a regular meeting of a
Sino-Burmese border committee in Tangyan, near areas controlled by the
United Wa State Army, the largest ethnic ceasefire group. The tension over
the border guard force issue was reportedly among the subjects discussed,
as part of China's efforts to maintain stability on the border.

“Keeping the border area between China and Myanmar [Burma] stable is the
most important task for the Chinese government,” the scholar said. “But
what Beijing will do if instability occurs is a big secret in China.”

He added that Beijing is concerned that the Burmese regime's handling of
the election law issue, which reflects its disregard for international
opinion, could also be an indication of how it intends to deal with the
ethnic ceasefire groups.

_________________________________________

March 22, New Light of Myanmar
The right decision and choice – Banya Aung

If the main characteristic of democracy is the elections, we will have to
say that political parties that stand for the elections are the main
players. In an election, the people elect the persons who on their behalf
will exercise the executive and legislative functions. Political parties
on their part stand for the election with the promise "We are the most
suitable persons to shoulder these duties". Here, a question arises. "What
kind of qualifications should the political parties and politicians to
represent the people have?" In the countries where democracy was born and
flourished, the definitions for those qualifications have become firmer
and firmer in the society throughout the evolution of democracy. They are
now like the moral ethics of the societies in those countries. So the said
qualifications are not required to be enacted as laws anymore.

As for the countries that freed themselves from colonialism and others
that changed from feudal monarchy system to constitutional monarchy system
during the post-World War II period, democracy practices and political
party are a rare commodity. So, there are ethic violations even by the
party and politicians which will have to take over the State's
responsibilities. So, a question "Who will act as the ombudsman?" comes
out. For this reason, principles for party functions and canvassing
campaigns are systematically prescribed in written statements. So, for the
countries that introduce democracy in the 21st century and are in the
nation-building process in the post-conflict period the act of enacting
laws and procedures has become a norm. Some countries include the law
concerning the political parties in the election law and some enact the
political parties law exclusively.

Myanmar also is a country that enacts political parties law. On 8 March,
the country enacted laws that are required for holding the election which
is the fifth step of the seven-step Road Map. Every person who wishes to
carry out the democratization process peacefully and in accord with the
Constitution sees enactment of the laws as a significant development.

On the other hand, those who do not accept the Road Map expressed
disagreement soon after the promulgation of the laws. They have expressed
their disagreement even before all the five laws have been completely
issued in the dailies. The countries that are blindly supporting those
persons and groups are echoing their voices although the English version
of the laws has not come out yet. Actually, criticism should be made on a
law only after reading it thoroughly and pondering the pros and cons.

Saying the law as unacceptable based on only one or two disagreed articles
without reading the whole of it is rather a bias act to oppose every
outcome than a realistic act. So, criticisms on Political Parties
Registration Law of our country should be reviewed as to whether they are
realistic and rational.

Those who are criticizing and opposing the Political Parties Registration
Law are pointing out the Articles 6 and 10. The Article 6 deals with the
principles to be observed by the political parties. Especially, they are
pointing out that Sub-article (c) which states to safeguard the
Constitution of the Republic of the Union of Myanmar is against them as
they are demanding the amendment of the Constitution. But their act is
rather childish even in the view of the ordinary people.

Actually, the 2010 elections are for implementing the 2008 Constitution.
If one cannot accept the Constitution, the best thing for him is to stay
away from setting up a political party. No government will permit any
person who has already determined to abolish the Constitution instead of
supporting it and to amend it through unlawful ways to set up a party and
the continued existence of his party.

It is stated in every constitution that citizens must safeguard their
constitution. At the time of taking oath, it is required to pledge to
safeguard the constitution. Even in the US, the president, other senior
government officials, congressmen have to pledge that they will safeguard
the Constitution to the best of their ability in taking the oath. Every
person who has become a US citizenship has to take the oath of allegiance
to support and defend the US constitution and laws against all enemies
foreign and domestic. In the Article 405 of the Constitution of Myanmar it
is stated that political parties shall adhere to the Constitution and the
existing laws. It is crystal clear that the provisions of the Political
Parties Law are based on the provisions of the Constitution.

In reality, those demanding the constitutional amendment are intentionally
ignoring the fact that the constitutional amendment cannot be made only
with the wish of the State Peace and Development Council. So also, it
cannot be amended with only the wish of the political parties. Procedures
in connection with the amendment are stipulated in the Chapter XII of the
Constitution. So, only the congressmen elected by the people to exercise
legislative affairs on their behalf will have to hold discussion and pass
resolutions at the Hluttaw for amendment.

If they want to amend the provisions included in the constitution, it
would be more pragmatic to consider whether or not it should be done only
after they have tried to win the trust of the people and have been
elected. Moreover, it should be understood that maintaining and
safeguarding the constitution does not mean it will never be amended or
any effort will be made to amend it. Safeguarding the constitution means
acting in conformity with the provisions of the constitution and
preventing any attempt made in contrary to the provisions. There will be
no difficulties for those who want to discuss and negotiate in Hluttaws in
order to amend the constitution in accord with its provisions.

Another provision the anti-government groups are criticizing in
disagreement with the seven-step Road Map is the Article-10 (e) of
Political Parties Registration Law which states that a political party
shall not be allowed to organize convicts to become its members. That law
states a convict is a person who is in jail according to the judgment of a
certain court. But, pointing to this fact, some say the law is designed to
ban a certain person from standing for election.

If it is intended for the said person, an article would have been referred
to a specific crime so that the person will be banned from the election
forever. In other way, it would have been prescribed that a person charged
under this law shall have to wait for a certain period even after being
released. The article-74 of the 1947 constitution in the parliamentary
democracy era said, "Any person who whether before or after the
commencement of this Constitution, has been convicted, in any of the
territories included within the Union, of any other offence, and has, in
either case, been sentenced to transportation or to imprisonment for not
less than two years, unless a period of five years or such less period as
the President may, in his discretion, allow in any particular case, has
elapsed since his release shall be disqualified for being chosen as and
for being a member of either chamber." Above-mentioned points show that
restrictions can be imposed on the rights of a person who has even served
his jail terms till a specified period. It is clear that the fact that
those serving jail terms shall not be allowed to belong to political
parties in accord with Political Parties Registration Law is not concerned
with a particular person but concerned with all those serving their jail
terms in the prisons of Myanmar according to court judgments.

In reality, a political party is an organization on which the people have
to rely and which is mandated to deal with legislative affairs on behalf
of the people. Should those serving jail terms belong to such an
organization? People serving jail terms may include those who committed
petty crimes and those who committed serious crimes. Even ordinary people
will know that those serving jail terms should not belong to a party that
will lead the nation. However, permission has been given for those serving
jail terms to apply for parties as they wish when they have been released.
Then, it is only up to a party concerned to decide whether an applicant
should belong to it after considering his committed crime and punishment.

Now is the time when we have to start to shape democratic system. So,
quality is more important than quantity. When the permission was given to
form political parties for the 1990 election, the competencies of parties
were considered lightly. So, the country set world record having a total
of 235 parties. Out of them, there were only over 90 able to stand for the
election. All have known that the remaining parties had to be abolished as
they committed illegal acts and did malpractices. It is necessary not to
repeat such mistakes. That was why norms of political parties were
systematically prescribed in the Political Parties Registration Law. The
limitations are not designed to cause political parties to be
marginalized. It is required to see those limitations as the soil
preparation to ensure that a plant grows well and thrives in the long run.

Every law carries prohibitions and restrictions. Maybe, some people are
not happy with such prohibitions and restrictions. A law that wins
satisfaction of everyone is impossible even in such democracies as Britain
and the US, let alone other countries. Every time a congress promulgates a
new law, it attracts a widespread criticism. In many cases, the President
sometimes has to use veto to turn down the law promulgated by the
congress. Therefore, it is not strange some people are criticizing the
newly-issued Law and Rule on Registration of Political Parties. I would
say that such cases are common, especially in Myanmar where certain
parties and persons are resorting to various means, relying on external
elements at the expense of national interest to grab power.

So, the most suitable yardstick for our people in this regard is as to
whether those laws and rules serve the national interest, and contribute
towards the process to hold free and fair elections peacefully. If a
person studies the laws and rules thoroughly, he can notice that they
guarantee in a democratic way that the people have the right to elect
freely and form a political party systematically. Therefore, it is
required of the people not to let themselves to be swayed by broadcasts
designed to cause public outrage, but to make the right decision and
choice in order to achieve success in the democratization process.