Monday, November 2, 2009

Myanmar court rejects Suu Kyi's appeal vs. arrest
Fri Oct 2, 12:46 am ET


YANGON, Myanmar (AP) – A court in military-ruled Myanmar turned aside opposition leader Aung San Suu Kyi's latest bid for freedom Friday, rejecting an appeal against her most recent sentence of house arrest, government sources said.

Suu Kyi was convicted and sentenced in August for sheltering an uninvited American at her home for two days earlier this year, in a verdict that drew international condemnation and ensured that she would not be able to participate in elections scheduled for next year.

She argued in an appeal that the conviction was unwarranted, but the Yangon Division court ruled against the appeal Friday, said the sources, speaking on condition of anonymity because of the sensitivity of the case.

Already in detention for about 14 of the last 20 years, the Nobel Peace Prize winner was sentenced in August to another 18 months for sheltering the American, John Yettaw.

He has said he wanted to warn Suu Kyi he had a "vision" that she would be assassinated. He was sentenced to seven years in prison but released on humanitarian grounds and deported less than a week after the verdict.

Suu Kyi's lawyer Nyan Win said ahead of Friday's ruling that the defense would take the case to the Supreme Court if her appeal is rejected.

"We have made all necessary plans for any outcome," Nyan win said.

Security was tight Friday, with riot police ringing the court house.

In the appeal, Suu Kyi's lawyers raised no new substantive arguments that had not been heard in the original district court trial.

Myanmar's courts almost always follow the same hard line toward Suu Kyi and the country's democracy movement, which the military government often accuses of collaborating with the country's enemies to destroy the nation.

But Friday's ruling came amid a tentative change in the political winds, after the United States announced last week it was modifying its tough policy of seeking only to isolate the military regime and would instead try to engage it through high-level talks.

The U.S. will not give up its political and economic sanctions against the regime. It and other Western nations apply sanctions because of Myanmar's poor human rights record and its failure to turn over power to Suu Kyi's party.

U.S. Assistant Secretary of State Kurt Campbell, the top U.S. diplomat for East Asia, told the Senate Foreign Relations Asia subcommittee Wednesday that lifting sanctions as the administration tries to start a dialogue, without Myanmar making any democratic changes, would be a mistake.

At the same time, the 64-year-old Suu Kyi has made what appears to be a confidence-building gesture toward the junta, suggesting last week in a letter to leader Senior Gen.
Than Shwe she was willing to cooperate with it to have the sanctions lifted, according to a statement from her National League for Democracy party.

She had previously welcomed sanctions as a way to pressure the junta to achieve political reconciliation with the pro-democracy movement. The movement has insisted on concessions from the government if they are to work together, particularly the freeing of political prisoners and the reopening of party offices around the country.

Suu Kyi was convicted Aug. 11 and sentenced to three years in prison with hard labor after Yettaw secretly swam to her home. The sentence was commuted to 18 months of house arrest by Than Shwe.

Suu Kyi has described the conviction as unfair. Authorities would not let her attend the appeal hearing.

The appeal contended that the law under which she was charged is invalid because it applies to a constitution abolished two decades ago.
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Myanmar court upholds Suu Kyi guilty verdict
Fri Oct 2, 2009 7:34am EDT

By Aung Hla Tun

YANGON (Reuters) - A court in army-ruled Myanmar upheld its guilty verdict on opposition leader Aung San Suu Kyi Friday, a legal source said, a ruling likely to keep the Nobel laureate in detention until after next year's elections.

The court source, who asked not to be identified, said the judge dismissed an appeal by Suu Kyi's legal team, which argued that her 18-month house arrest for a security breach was unlawful because it was based on legislation no longer in use.

Prior to the hearing, lawyer Nyan Win, said the National League for Democracy (NLD) party leader would continue to fight for her freedom, whatever the outcome.

"We have done our best to prove her innocence," Nyan Win told Reuters. "If she is not acquitted, we are prepared to make another appeal at the Supreme Court."

Suu Kyi was found guilty in August of breaking a law protecting the state from "subversive elements" when, while under house arrest, she allowed an American intruder to stay at her lakeside home for two nights.

The ruling sparked international outrage and was widely dismissed as a ploy to keep Suu Kyi out of next year's elections, the first since 1990, when the NLD scored a landslide victory that the ruling junta refused to recognize.

However, even if Suu Kyi were freed, she would be prevented from running for office because of her marriage to a foreigner, the late British academic, Michael Aris.

The daughter of Myanmar independence hero Aung San has spent 14 of the last 20 years in some form of detention at the behest of the military, which has ruled the former British colony for almost five decades.

Suu Kyi last week offered to help the junta to negotiate an end to crippling sanctions on the country, which critics say have been ineffective and have hurt the Burmese people rather than the generals.

Analysts say the notoriously paranoid generals see Suu Kyi as a threat because of the influence she has over the Burmese people and the international community and will likely reject her offer of help.

The United States Tuesday entered into dialogue with the Myanmar regime, but emphasized that the lifting of sanctions would be a mistake.
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October 02, 2009 14:13 PM
Myanmar Pearl Auction Registers New Record Of Proceed


YANGON, Oct 2 (Bernama) -- A recent pearl auction in Myanmar's new capital of Nay Pyi Taw has fetched 798 million Kyats (US$760,000), registering a new highest record of the proceed against 780 million Kyats (US$742,000) in the previous year, according to the State Pearl Production and Trading Enterprise Friday.

In the pearl sale in Nay Pyi Taw late last month, which was the first of its kind held in the country's newly-built gems museum in the new capital, a total of 424 quality pearl lots from 32 domestic private companies were displayed, China's Xinhua news agency reported.

Myanmar's pearl auction used to be held in Yangon, but starting this year the event was launched thrice a year which is designated for May, September and December.

Myanmar cultures about 400,000 units of pearls every year from eight pearl farms in the country with investment from Australia, Japan, Indonesia, the Philippines, China and Thailand, according to reports.

Pearl, along with ruby, diamond, cat's eye, emerald, topaz, sapphire and coral are produced by Myanmar, gaining reputation.

The government's Central Statistical Organisation revealed that in the fiscal year 2008-09, Myanmar produced 32,921 tonnes of jade and 18,728 million carats of gems which include ruby, sapphire, spinel and peridot, as well as 201,081 mommis (754 kilogrammes) of pearl.
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Economic Times - Maritime boundary issues with B’desh, Myanmar crop up
2 Oct 2009, 0606 hrs IST, Nirmala Ganapathy, ET Bureau

NEW DELHI: As India struggles with a variety of issues in the neighbourhood, differences with neighbours over the demarcation of the maritime boundary in the Bay of Bengal could turn into yet another sticking point.

According to sources, India has filed a counter in the UN to Myanmar’s claims on the extended continental shelf in the Bay of Bengal, where a large part of the attraction is oil and gas. Similarly, Bangladesh has protested against India and Myanmar’s maritime boundary claims in the Bay of Bengal and initiated efforts to lodge a diplomatic protest with the United Nations. This three way difference of opinion is expected to exacerbate when Bangladesh officially files its own claims with the UN.

It is understood that New Delhi is keen on addressing the matter with Bangladesh and Myanmar, which had staked its claims ahead of India. Even though the matter is in the UN, New Delhi hopes to prevent differences from escalating into a row by holding bilateral discussions. New Delhi is keen on ensuring that the issue does not turn into an irritant in bilateral ties.

India had filed its own claim, including a sea border map, to the UN on the extended continental shelf -- along with the counter to Myanmar’s claim -- in May this year. And Myanmar had filed its claim with the UN on December 16, 2008.

Now both claims have triggered off howls of protest from Bangladesh which is keen to maximise its claim over the extended continental shelf in the Bay of Bengal. Early this month Bangladeshi information minister Abul Kalam Azad had informed parliament about the government's move to protest against India and Myanmar’s claims, according to reports from Dhaka.

India and Bangladesh had last year restarted discussions on the maritime border after almost three decades. Two rounds were held between the two sides. But no discussions have taken place yet after India filed the claim. Anyway, New Delhi has been pointing out that the demarcation of the maritime boundary relates to geography and is not linked to the size of the country. India believes in the principle of equidistance, while Dhaka wants equity.

What has added to the issue is that both India and Myanmar in the last few years have made significant gas and oil discoveries in the Bay of Bengal. Recently Bangladesh, according to reports from Dhaka, has also discovered new gas fields in the Bay of Bengal. The three countries will be unable to tap the oil and gas potential in the disputed areas till the boundary is demarcated.

As all three countries had ratified the UN Convention on the Law of the Sea, they had to file their claims on the extended continental shelf within a stipulated period. India and Myanmar ratified the convention much before Bangladesh and had to file claims earlier than Bangladesh, which has time till the middle of 2010 to submit its claim. But reports from Dhaka said that the government in view of the developments is looking at submitting its claim to the UN ahead of the deadline.
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Toronto Star - ‎Burma allies call for dissident's release
Oct 02, 2009 09:15 AM
THE ASSOCIATED PRESS


GENEVA – China and other allies of the military government in Burma have joined an international call for the release of jailed opposition leader Aung San Suu Kyi.

India and Russia also aligned themselves with European countries and the U.S. to demand that Burma release all political prisoners and allow them to take part in next year's elections.

The U.N. Human Rights Council's 47 members unanimously adopted the resolution in Geneva as a court in Burma rejected Suu Kyi's latest appeal for freedom Friday.

Beijing in particular has traditionally protected its southerly neighbour from criticism in the global body. Suu Kyi has been detained for about 14 of the last 20 years.
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ANI - Groups urge Sonia Gandhi to seek Suu Kyi's immediate release and free Burma
Published on : Friday 02 Oct 2009 17:27


New Delhi, Oct. 2 - ANI: The Burma Center Delhi on behalf of 58 Indian and International organizations submitted an appeal letter to Sonia Gandhi, President of All India Congress Committee (AICC) and Chairperson, UPA on Friday urging her to draw attention to Aung San Suu Kyi and to revise Indias foreign policy and promote human rights in order to restore peace, harmony and fraternity in the region.

Dr. Alana Golmei, Coordinator of BCD, along with a group of Burmese activists submitted the appeal letter to Sonia Gandhi at her residence.

She said that the appeal letter was warmly accepted by the concern staff in the office. We have great expectations from Madam Sonia Gandhi to take prompt action for the release of Aung San Suu Kyi as well as restoration of democracy in Burma.

Kim, New Delhi-based and exile Burmese and Campaign Coordinator of BCD recalled that during nationwide peoples uprising in Burma in 1988, the then Prime Minister of India, Rajiv Gandhi not only supported the peoples movement but also offered shelter to democracy activists to continue for democracy in Burma. Even Indian embassy in Rangoon provided financial support to activists who were fleeing Burma to continue their struggle in India, he added.

The appeal letter was endorsed by prominent Indian and International organizations as well as India-based Burmese organizations. - ANI
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Shan Herald Agency for News
U.S. dual-track policy on Burma, underlying conflict issues and Junta’s mindset
Friday, 02 October 2009 10:27
By: Sai Wansai

The latest US double-track policy of direct engagement and sanctions with the Burmese generals should be welcomed. It is also an innovation in itself to try a different tack, given that the “stick” alone has not produce result after more than two decades of implementation.

On September 30, 2009, Kurt M. Campbell, Assistant Secretary, Bureau of East Asian and Pacific Affairs, delivered a statement of “U.S. Policy Towards Burma” before the Subcommittee on East Asian and Pacific Affairs Senate Foreign Relations Committee, in Washington, DC.

The core reason behind such change from no engagement to direct engagement is that “Neither sanctions nor engagement, implemented alone, have succeeded in improving those conditions and moving Burma forward on a path to democratic reform”, according to the statement.

Other reasons opting for direct engagement approach are the Burmese junta’s gesture of active interest in engaging with the United States, plus its in own interest to do so.

The statement said: “In addition to taking a hard look at the current situation inside Burma, we also focused on emerging questions and concerns regarding Burma’s relationship with North Korea, particularly in light of the passage of UN Security Council Resolution 1874, which prohibits member states from engaging in trade with North Korea in virtually all conventional weapons as well as in sensitive technologies, including those related to ballistic missiles and nuclear and other WMD programs”.

One doesn’t actually need to be a political pundit to pinpoint what should and could be done to defuse the atmosphere of animosity and foster reconciliation process in Burma.

Also the Burmese junta is not that ignorant or have absolutely no clue on how to tackle the pressing need and aspiration of the people. But rather it is determined to cling on to power indefinitely and continuously.

While engaging directly is, no doubt, a good and reasonable approach, it is also essential to deeply look into the underlying core conflict issues and junta’s mindset, as to why it is so uncompromising and unyielding, when it comes to facilitating genuine reconciliation and democratisation process.

• Conceptual differences on defining nation-state

The successive military dominated regimes, including the ruling SPDC, see Burma as an existing unified nation since the reign of Anawratha thousands of years ago. As such, all other non-Burmans - Shan, Kachin, Chin, Arakanese, Mon, Karen and Karenni - are seen as minorities, which must be controlled and suppressed, lest they break up the country.

On the other hand, the non-Burmans maintain that the Union of Burma is a newly developed territorial entity, founded by a treaty, the Panglong Agreement, where independent territories merged together on equal basis.

Given such conceptual differences, the Burmese military goes about with its implementation of protecting "national sovereignty" and "national unity" at all cost. This, in turn, gives way to open conflict resulting in more suppression and gross human rights violations. The intolerance of the military and its inspiration to "racial supremacy" and to political domination and control has no limit and this could be seen by its refusal to hand over power to the winners of 1990 nation-wide election, the NLD, SNLD and other ethnic parties. The genuine federalism platform, which the NLD and ethnic nationalities embrace, is a threat to its racist mind-set, obsessed with domination and control.

• Constitutional Crisis

The woes of Burma today are deeply rooted in the inadequate constitutional drafting of 1947. The Union Constitution was rushed through to completion without reflecting the spirit of Panglong. The ethnic homelands were recognised as constituent states but all power was concentrated in the central government or the government of the Burma Mother state.
Almost all the non-Burmans and Burman democratic opposition groups are in agreement that the ethnic conflict and reform of social, political and economics cannot be separated from one another. And the only solution and answer is to amend the 1947 Constitution according to Panglong Agreement, where equality, voluntary participation and self-determination, of the constituent states, formed the basis for the Republic of the Union of Burma.

As such, the junta’s orchestrated, present 2008 constitution, dubbed Nargis constitution, due to the rigging of referendum vote by the junta shortly after Nargis cyclone, is just the opposite and still a far cry from satisfying the will of non-Burman ethnic groups and democratic opposition, which is designed to give the military a clear political monopoly and military supremacy in all aspects of governing the country.

• Junta’s commitment to uphold military supremacy over civilian rule

Rightly or wrongly, the junta has appointed itself to be the sole saviour of the country and the believe that the army under its command is the only institution that is capable of governing the country. In other words, the junta is entitled to rule over the civilian, with the help of the army.

• Aspiring to build the fourth Burmese empire

While it is officially hard to prove that Senior General Than Shwe, undisputed leader of the Burmese junta, aspires to be the king and dreams of building a fourth Burmese empire, indications are pointing to such ambition, even if this would be a mere wishful-thinking in practical term.

First, the new capital Naypidaw was built 3.2 km west of Pyinmana, and approximately 320 km north of Rangoon, at huge expense unknown to outsiders. On 6 November 2005, the administrative capital was officially moved and the capital's official name was announced on 27 March 2006, Burmese Armed Forces Day. Naypyidaw means "Great City of the Sun", but is also translated as "abode of kings".

Second, the three big statues towering over Naypyidaw, which are supposed to be King Anawrahta, King Bayinnaung and King Alaungpaya, were built at Senior General Than Shwe’s instruction.

The first Myanmar Empire was created by King Anawrahta of the Bagan Dynasty (1044-1077 AD). The second Myanmar Empire was created by King Bayinnaung of the Taungoo Dynasty (1551-1581 AD). The third Myanmar Empire was led by King Alaungpaya of the Konbaung Dynasty (1752-1760 AD).

As such, one could easily guess that the founder of Naypyidaw, Senior General Than Shwe, who happens to be the final decision maker for the country, might as well be aspiring to be dubbed as the unifier of the present day Burma. If this happen to be the case and he really does believe he is a monarch who should be credited with building the Fourth Burmese Empire in the country’s political history, he won’t easily abdicate his throne on his own.

• Assimilation of non-Burman ethnic groups or Burmanisation

The Burmese junta’s urge for assimilation of non-Burman ethnic nationalities is closely intertwined with its version of forging national identity.

It is not at all surprising that the junta’s implementation of its Burmanisation scheme has lead to burning down the whole village, destroying crops and rice fields, confiscation of property, population transfer and using rape as a weapon of war in non-Burman ethnic areas. This has always been part and parcel of the unspoken junta’s plan. Thousands and thousands of internally displaced persons, huge population of refugees in neighbouring countries like Thailand, Bangladesh, India and China are living evidence of the junta’s four-cut strategy – cutting the supply of intelligence, food, recruits and finances of the ethnic resistance forces - to coercively and ruthlessly push through its assimilation scheme.

The views of successive Burmese governments, including the present regime, SPDC, concerning national identity has never been clear. They have been at a loss even as to what sort of name they should adopt; that is the reason why they are still using "Bamar“ and "Myanmar" interchangeably for what they would like to be termed a common collective identity, in other words, national identity. The reality is that when one mentions "Myanmar", "Bamar", "Burmese" or "Burman", such words are usually identified with the lowland majority "Bamar” and have never been accepted or understood by the non-Bamar ethnic nationals as a common collective identity to which they also belong.

For about a decade ago, the present Burmese military regime changed the name of Burma to Myanmar. Its aim is to create a national identity for every ethnic group residing within the boundary of the so-called Union of Myanmar. But since the name Myanmar has always been identified with the lowland "Bamar", the SPDC’s effort in trying to establish a common national identity among the non-Bamar ethnic nationals is doomed to fail. On top of that, this national identity was not chosen with the consent of the non-Bamar ethnic groups, but coercively thrust down their throats by the hated Burmese military dictatorship.

It has never occurred that anyone mentioning that he or she is a Bamar Myanmar, Shan Myanmar, Kachin Myanmar, Karen Myanmar and so on. In the United States, by contrast, it is normal that one considers or accepts oneself as an American; such as, the use of Chinese American, Japanese American, Afro-American and so on are common and widespread.
Another crucial point that most tend to overlook is that the maintenance of the former European colonial boundaries as irreversible and sacrosanct national state boundaries. This, in reality, only creates unending ethnic conflicts the world over affecting international stability. Burma is such a case, infested with ethnic and social conflicts.

The point to note here is that the successive Burmese governments' nation-building process has totally shattered, failing even to take root after all these years, not to mention the forging of common national identity. It would be more pragmatic to accept the existing diversified “national identities” of all ethnic nationalities as a fact and work for a new common identity in the future federal union with the consent and participation of all ethnic groups, Burman included.

• Majority-Minority Configuration

The misconception of majority-minority configuration has been so entrenched; at least in media and academic studies, it needs some clarification.
The Burman are majority in Burma Proper and in numerical sense, but become a minority in the Shan, Arakan, Chin, Kachin, Karenni, Karen, and the Mon states, where respective ethnic groups are in majority within their own territories.

Besides, Burma was formed in 1947 by virtue of the Panglong Agreement, one year prior to independence. This agreement was signed between the interim government of Ministerial Burma, headed by Aung San, and leaders of the Federated Shan States, the Chin Hill Tract, and the Kachin Hill Tract. It could be said that this agreement is the genesis of the post-colonial, current Burma.

Thus, the indigenous groups of Burma -- Shan, Arakanese, Chin, Kachin, Karenni, Karen, Mon and including the Burman -- are not minorities or majorities but equal partners in a union of territories, the Union of Burma.

The heart of the problem is the stubbornness of the military clique clinging to power at all cost, when pragmatic political will and accommodation would do the job and jump start genuine reconciliation and democratisation process.

The recent releasing of one hundred or more political prisoners - from more than two thousand detainees - is, in fact, a half-hearted undertaking of the junta to touch the water prior to its charm offensive, particularly with the US, and to ease international pressure for its oppressive rule. In addition, it is taking credit for partially yielding to UN Secretary-General, Ban Ki-moon’s suggestion to release all political prisoners. To put it differently, the junta is only doing or giving as little as possible, while aiming to reap as much benefit as possible, in terms of accumulating legitimacy and acceptance of its self-drawn constitution, coupled with its forthcoming 2010 election, which are likely to be manipulated, rigged and stage-managed from beginning to the end.

On 30 September, Democratic Voice of Burma reported that U Win Tin, senior member of the National League for Democracy said that the new US approach mirrored the policy advocated by Burma’s regional neighbours and that he was not convinced that the situation in Burma could be handled by soft approach. He said that the engagement policy of the Association of Southeast Asian Nations (ASEAN) has also failed to produce result and that the U.S. would fall into the same trap where every aspect of engagement will be dictated by the junta.

But it is still too early to draw any such conclusion to the new U.S. diplomatic attempt. At this point, it is still unclear on how the double-track U.S. direct engagement and sanctions would be able to advance the will and aspiration of the people. But one sure thing is that democratic change could come about with the junta’s change of heart, which are identical with accepted international norms and in tune with the civilised world. And that is none other than taking serious concern of the need satisfaction and value of the people, rather than senselessly reinforcing its rhetoric of self-appointed national saviour role of the whole country. In other words, the junta must try to fulfil the democratic aspiration, equality and rights of self-determination of the people in words and deeds.

And finally, if the U.S. is to succeed in its implementation of this innovative, dual-track policy, the junta needs to make the first move of unconditional release of all political prisoners, followed by amendment of its military supremacy constitution with all stakeholders, nation-wide cease-fire with all ethnic groups and conduct an all-inclusive and transparent election. Otherwise, the internal conflict will go on unabated and there will be no way out of this impasse, which we have been in for nearly five decades.
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Inner City Press
At UN, China Raises Afghan Killings to Counter Myanmar's, Council Agenda Disputed

By Matthew Russell Lee

UNITED NATIONS, October 2 -- China has raised the killing of Afghan civilians, in response to Protection of Civilians, including in Myanmar, being listed in the footnotes of October's UN Security Council program of work, Inner City Press has learned.

In connection with what is usually a routine beginning of the month Council meeting, China disputed the possibility that the "umbrella" topic of Protection of Civilians might be loophole through which the activities of Burma's Than Shwe military government could be raised.

So China, as Russia has done in the past, said that the killing of civilians in Afghanistan by the U.S. and NATO is also relevant.

October's Council president, Vietnam, is having to run the debate. The Council members had a customary breakfast, and then retired to the consultation room.

The few reporters at the stakeout drifted away. At 10:39, only Inner City Press remained at the stakeout, under the now vacant space where a tapestry "after" Picasso's Femme Sur l'Echelle used to be. It was entirely silent. Watch this site.

Update of 11:10 a.m. -- A Council diplomat tells Inner City Press that all except China said, Afghanistan is on the agenda anyway, under an ISAF item.
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Human Rights Watch - South Asian Nightmare
As U.S. prepares greater outreach to Burma, a Marylander is the junta's latest victim
by Elaine Pearson, Published in The Baltimore Sun
October 2, 2009

In June, Gaithersburg resident Kyaw Zaw Lwin traveled from Thailand to New York to deliver a petition to U.N. Secretary-General Ban Ki-moon's special adviser on Burma. The petition, with 680,000 signatures, called on the secretary-general to exert pressure for the release of more than 2,000 political prisoners.

Now, in a tragic twist - and as the Obama administration moves forward with a new policy of increased engagement with Burma - Mr. Zaw Lwin, a U.S. citizen who often goes by the name Nyi Nyi Aung, has disappeared into a Burmese jail cell himself. (Although the ruling junta changed the country's name in English from Burma to Myanmar in 1989, I and most supporters of freedom and human rights there prefer the original name.)

On Sept. 3, Mr. Zaw Lwin flew to Rangoon, where Burmese authorities arrested him on arrival. Returning to Burma, which he left in 1988, may seem a little crazy. Mr. Zaw Lwin works for the Free Burmese Political Prisoners Now campaign in Thailand; his mother and two cousins are serving lengthy prison terms in Burma for participating in the peaceful demonstrations in 2007.

"His mother, his cousins and so many friends in prison was a nightmare for Nyi Nyi," Wa Wa, his fiancée, who remains in Maryland, told me. "His mother got very sick. He felt badly about it; he worked passionately for their freedom."

Now Mr. Zaw Lwin, 40, shares their fate. Over the last two years, the number of political prisoners in Burma has doubled. They include people from all walks of life. While the democracy leader, Aung San Suu Kyi, is a worldwide symbol of the struggle against repression, at least 2,100 other political prisoners quietly and invisibly languish in Burma's squalid jails.

Ruled by a shadowy group of generals since 1962, Burma remains one of the world's most repressive states, without a free press, with tight restrictions on freedom of assembly, expression and association, and a refugee crisis sparked by military abuses against ethnic minorities.

The U.N. and the international community have long been concerned about Burma's intransigence. Unfortunately, U.N. action has been ineffectual. For years, Burma's generals have run rings around senior U.N. officials, stonewalling efforts by the U.N. to discuss political and human rights issues, and managing to broker endless rounds of meaningless dialogue in the place of tangible results.

At a June 18 news conference in New York, Mr. Zaw Lwin said, "Mr. Ban Ki-moon, my message is simple: Your words show you take this issue seriously. But now I want to see what action you will take to secure the release of my family and all Burma's political prisoners."

On Sept. 16, in a bizarre public relations stunt perhaps meant to appease the U.N. secretary-general ahead of September's General Assembly, Burma's military leaders announced an amnesty of some 7,113 convicted criminals - but just over 100 were political prisoners. As the journalist Eine Khine Oo told the media on her release: "I was nearly due to be released anyway. ... I was doing my reporting job. I don't think I was wrong." Meanwhile, fresh arrests of monks, political activists and human rights defenders like Mr. Zaw Lwin keep happening.

Although Mr. Zaw Lwin has yet to be charged (his trial was due to start Thursday but has been postponed), the state-run New Light of Myanmar newspaper claims he confessed to terrorist acts. (This is the propaganda mouthpiece of the government that claims it has no political prisoners.) A U.S. consular officer who visited Mr. Zaw Lwin in prison told his family that he described physical torture, including beatings and food and sleep deprivation.

On Sept. 24, Secretary of State Hillary Clinton said that "to achieve democratic reform, we will be engaging directly with the Burmese authorities." High-level diplomacy by the U.S. is welcome, as long as the U.S. stands by its principles to uphold the basic rights of the Burmese people. The same applies to the U.S. government's dealings with Burma's friends and protectors.

To secure the release of Kyaw Zaw Lwin - and fellow political prisoners he risked everything to free - the U.N. and the U.S. must be prepared to exert pressure on countries like China, Russia, India and ASEAN member states. Trying to overcome the Burmese government's self-imposed isolation is a laudable goal, but engagement should mean no reluctance to exert pressure on the senior leadership.

Sanctions alone may not work, but silence and sweet-talking this regime does not work either.

Elaine Pearson is deputy Asia director at Human Rights Watch.
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The Irrawaddy - Tensions Rise over Junta Crony’s Car Imports
By LWIN KO, Friday, October 2, 2009


RANGOON — Tensions between Burmese junta crony Tay Za and the Union of Myanmar Economic Holdings, Ltd. (UMEHL), a military-owned conglomerate, are rising over the recent import of 1,000 cars, according to business sources in Rangoon.

A source from UMEHL said that the company owns only 100 of the 1,000 Toyota Corolla Mark II-model cars that were imported into the country in September. The other 900, he said, belong to Tay Za.

Tay Za is regarded as a major player in the Burmese economy. His close ties to Burma’s leading generals have earned him and his companies a place on the US State Department’s sanctions blacklist.

His privileged position is highlighted by the fact that the regime normally allows only a few thousand cars to be imported each year.

According to an employee of Tay Za’s Htoo Trading Company, most of the 900 vehicles the company imported last month will be used as taxis, although some may be sold.

There have been a number of reports in recent months of tensions between Tay Za and UMEHL, which is involved in a wide range of businesses, including the import of everything from staple foods to automobiles and electronic equipment.

In August, Burma’s Food and Drug Administration banned several brands of cooking oil imported by Tay Za, apparently after coming under pressure from the UMEHL, which routinely uses its status as a military-controlled enterprise to maintain an advantage over privately owned companies.

According to businessmen in Rangoon, the only two people who can issue import licenses for cars are Snr-Gen Than Shwe and Vice Snr-Gen Maung Aye—the two highest-ranking members of the ruling junta.

Import restrictions have skewed the prices of cars—new or used—to levels that would be considered absurd in neighboring countries. A used Toyota Land Cruiser in good condition, for instance, typically costs around US $100,000.

However, the richest Burmese in Rangoon have been seen driving Hummers and Italian sports cars.

Tay Za is known to have a fleet of luxury automobiles, including a Lamborghini and a Rolls Royce, but seldom uses them because of the poor condition of roads in the former capital.
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The Irrawaddy - Rangoon under Tight Security Again
By WAI MOE, Friday, October 2, 2009


The Burmese military junta has again tightened security in Rangoon to quell any potential unrest over the political and economic situation, say sources in Rangoon.

The All Burma Monks’ Alliance, which led the peaceful mass street demonstrations in September 2007, recently issued a statement calling for the government to apologize for its brutal confrontation with monks in Pakokku two years ago, in which hundreds of monks were beaten and injured, and to release all monks who were imprisoned after September 2007.

The monk alliance set an Oct. 3 deadline for the military regime to apologize.

If the junta fails to comply, the alliance said it will start another boycott of alms offered by all military and government personnel, known in Buddhism as “patta ni kozana kan.”

Last month was the second anniversary of the “Saffron Revolution,” which lead to multiple deaths and injuries when demonstrators, led by monks and nuns, took to the streets.

Friday is also the day a new 5,000 kyat banknote was introduced by the government. Many residents have expressed fears about its affect on the value of the kyat.

On the first day of the distribution of the new banknote, the price of the kyat fell slightly and consumer prices fluctuated modestly.

“Before the new bank note, one US dollar was about 1,050 kyat. Now one dollar is around 1,080,” said a currency broker in Rangoon.

Sources said that beginning Friday morning extra security forces began to appear at various strategic locations downtown.

“I saw 16 riot police vehicles near the Rangoon City Hall today,” said a student activist, who noted that extra security forces were also located near parks and busy intersections.

Other sources said Chinese-made trucks carrying riot police patrolled city streets.

On Friday, a Rangoon Division Court rejected the appeal of pro-democracy leader Aung San Suu Kyi, but there were no demonstrations.
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The Irrawaddy - Regime Pressures Traders Not to Increase Prices
Friday, October 2, 2009


Burmese traders are under increasing pressure from the military government to keep their prices stable following Friday’s introduction of the 5,000 kyat (US $5) banknote.

Most gold and currency dealers continued to suspend trading because of uncertainty about the effects of the arrival of the new banknote.

Rangoon sources say an emergency meeting of the Myanmar Gold Merchants and Entrepreneurs’ Association and the Myanmar Rice Traders Association is being held to discuss the question of price controls.

The new banknote, now Burma’s largest denomination, began circulating on Friday through government-owned banks, chiefly the Myawaddy Bank, owned by the Union of
Myanmar Economic Holdings Limited, which comprises military officials from the Ministry of Defense and war veterans.

"The bank issues the salaries for military officials and pensions for army retirees,” a Rangoon business journalist said.

It’s feared in Burma that the addition of a 5,000 kyat banknote to the country’s currency could create a spike in the inflation rate.

"A big outstanding issue is whether the issue of these notes is in addition to the existing stock of notes or not," said Sean Turnell, an economist at Australia's Macquarie University, who produces a regular Burma Economic Watch report. "If there is a net addition to the money stock because of this, then the issue of the new 5,000 kyat note will add to Burma's inflation problem. It will, after all, simply be yet more 'money printing.'"

Traditionally, the Burmese junta has never announced how much money is in circulation. The International Monetary Fund, however, estimates it to be 2,651.1 billion kyat at the official exchange rate. Burma's inflation rate run at 26 percent in 2008.

Many businessmen and economic experts believe the government is introducing the 5,000 kyat note to ease budget deficit problems created by excessive spending. They point to the huge costs involved in building the new administrative capital, Naypyidaw, the development of a planned cyber city, Yadanabon, the planned nuclear research reactor and the construction of tunnel complexes in Naypyidaw and other strategic sites.

There are consistent reports that the junta is keeping the Naypyidaw building contractors waiting for their money. "Now the military government would be able to pay their debt comfortably," a Rangoon-based businessman said.

Meanwhile, Burma's censorship board, the Press Scrutiny and Registration Division, has banned any critical or analytical press reports on the issuance of the 5,000 kyat note. "The censorship board allows us to print articles if they have a positive angle," an editor told The Irrawaddy.
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US embassy to put up lawyers for detained citizen
by Mungpi
Friday, 02 October 2009 21:28


New Delhi (Mizzima) – The US embassy in Rangoon has got in touch with lawyers to defend its detained citizen, Aung Kyaw Zaw, arrested on arrival in the former Burmese capital’s international airport on September 3.

Kyi Win, a high court advocate, on Friday told Mizzima that he was contacted by the US embassy to defend Aung Kyaw Zaw (alias) Nyi Nyi Aung, currently detained in Rangoon’s notorious Insein prison.

“The embassy contacted us to defend him and offered us a fee equivalent to the amount paid to the lawyer they had hired for John William Yettaw. But we said we are willing to provide ‘Pro Bono’ [free of charge] service,” Kyi Win said.

Kyi Win said the embassy had contacted him and his colleague Nyan Win, with whom he teamed up to defend detained opposition leader Aung San Suu Kyi, to take up Nyi Nyi Aung’s case.

Both Kyi Win and Nyan Win are advocates practicing in the high court.

“I don’t know if Nyi Nyi Aung has been charged yet. I am yet to receive a reply from the embassy,” Kyi Win said.

While it is still not clear whether he has been charged and on what grounds, a report in the state-run media the New Light of Myanmar newspaper last week accused Nyi Nyi Aung of trying to instigate civil unrest in cahoots with underground activists inside Burma.

The report also accused Nyi Nyi Aung of working together with several Burmese organizations in exile including the Forum for Democracy in Burma (FDB), the Student and Youth Congress of Burma (SYCB) and alleged that he had provided financial assistance to activists inside the country.

Nyi Nyi Aung was a student activist and was involved in the 1988 student-led uprising. He along with several other students fled to Thailand in the wake of the military crackdown on protesters. Later he was resettled in United States from Thailand and was naturalized as a US citizen.

Nyi Nyi Aung holds a valid US passport and had a legal social visit Visa to Burma. He flew from Bangkok to Rangoon on September 3 on a TG flight.

Since his arrest, Nyi Nyi Aung was taken to several interrogation centres, where he allegedly endured torture. He was finally taken to the Insein prison. The US embassy spokesman said, Nyi Nyi Aung had complained of ill-treatment during their meeting.
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Rejection of Aung San Suu Kyi’s appeal ‘legally flawed’: Defence lawyer
by Mungpi
Friday, 02 October 2009 20:10

New Delhi (Mizzima) - Detained opposition leader Aung San Suu Kyi’s lawyer on Friday said the Rangoon division court’s decision to reject the appeal against her sentence is “legally flawed” as the court arrived at its verdict on a constitution that it acknowledges being non-existent.

Kyi Win, a member of Aung San Suu Kyi’s legal team, said the divisional court acknowledged that the 1974 constitution is no longer in effect, but said the 1975 law, which is based on the constitution, is still in effect and under which the lower court’s verdict on August 11 is legally binding.

“It is a serious legal fraud. If the constitution is no longer in effect, the law based on that constitution cannot be alive, and thus Aung San Suu Kyi cannot be detained,” Kyi Win told Mizzima on Friday.

According to the law enacted in 1975, Aung San Suu Kyi had been deprived of her fundamental rights, which are stated in the 1974 constitution.

The district court in Rangoon’s Insein prison on August 11 sentenced the Nobel Peace Laureate to three years, on charges of violating her detention regulations, which is prescribed in the 1975 law.

Despite the argument by defence lawyers that the 1974 constitution is no longer in vogue, the district court did not acknowledge it and handed down the verdict, Kyi Win said.

Following the sentence, the defence team appealed to the divisional court, citing mainly that Aung San Suu Kyi cannot be sentenced and must be acquitted as the law, under which she was charged is no longer in effect.

“It is bizarre. I am a high court lawyer and I have also served as a judge but I do not understand how the 1975 law can restrict the fundamental rights prescribed in the 1974 constitution, which is no longer in effect,” Kyi Win said.

He added that the defence will continue appealing to the high court and will focus on the flaws of interpreting the law and the constitution.

After independence from the British, Burma had its first constitution in 1947, but following a military coup led by General Newin in 1962, the constitution was scrapped. Under the Newin regime, a new constitution was drafted and approved in 1974. But in 1975, the Newin regime promulgated a set of laws based on the constitution.

“The division court’s argument is that though the 1974 constitution is dead, Aung San Suu Kyi is charged with the 1975 law,” said Kyi Win.
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Monks demand US policy ‘timeline’ as threats continue

Oct 2, 2009 (DVB)–United States’ engagement with the Burmese junta must be linked to a clearly defined time scale with comprehensible goals, according to an international network of Burmese monks.

The New York-based International Burmese Monks Organisation (IBMO) welcomed the announcement by the US on Monday that it would begin direct engagement with Burma, via a letter sent to the Subcommittee on East Asian and Pacific Affairs.

“US direct diplomacy with the regime should not be an open-ended process, but should take place within a reasonable timeframe and with clear benchmarks,” the letter said.

Dozens of monks, including members of the IBMO and the All Burma Monks Association (ABMA), protested on Tuesday outside of the building in New York where US officials held talks with a Burmese government delegation.

A statement released by IBMO expressed frustration that talks where overwhelmingly bilateral, and didn’t include Burma’s opposition movement.

“We are disappointed that neither monks nor members of Burma’s democracy movement were invited to testify,” the statement said.

Meanwhile, monks inside Burma are reportedly preparing to boycott religious services for the ruling junta, unless some 240 monks are released from prison.

A spokesperson for the ABMA, U Dhamma Wuntha, said it was unlikely the government would apologise so the boycott, known as Pattanikkujjana, would start tomorrow.

“The [government] doesn’t have courage to admit its wrong doing; they are cowards,” he said.

Authorities have reportedly threatened monks with arrest should they run the boycott. One monk said that security had been tightened, and monks were unable to leave the monasteries after 9pm.

Ashin Pannasiri, a veteran of the September 2007 monk-led uprising, who escaped from jail to India, said that intimidaiton was likely to continue.

“The junta is really afraid of monks, so they will continue to arrest monks. Some monks are still missing [after being] arrested a few weeks ago”.

Reporting by Joseph Allchin and Naw Say Phaw
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Still not safe: the trafficked lives of Burmese refugees
Karen Zusman

Oct 2, 2009 (DVB)–The scourge of Burma’s human trafficking crisis reaches across Southeast Asia, with senior-level government figures now known to be complicit in a multibillion dollar industry.

Two years ago Di Di and her family were farmers in Burma. When her husband died from snakebite, the Burmese soldiers came and seized their land. One week later three soldiers raped Di Di in the middle of the day in front of all her village neighbors. Nobody stepped in to help because they were too afraid.

Ashamed and scared, she decided to find an agent to help her escape from Burma. Di Di met a man who told her he would take her through Thailand all the way to Malaysia, because she could make more money there. She didn’t have the funds but he guaranteed her a job and said he would deduct the fee from her first few paychecks.

Once Di Di got to Malaysia the man kept her under lock and key in a small room. She was let out during the day to work in the restaurant upstairs as a dishwasher. She never saw her pay and several nights a week the man who brought her to Malaysia would unlock the door and rape her. He told her if she tried to escape he would tell the police she was there illegally and they would put her in prison. When Di Di missed her period she told the man he had made her pregnant. He took her to a jungle hut outside Kuala Lumpur and made her drink a concoction of strong alcohol and bitter herbs.

“He made me lie down on the floor and then he stepped on my stomach, just to be sure to make the baby come out. He stepped on my chest and my belly. He made me go upside down on my head. He was very heavy, he looked like a giant and he stepped on me. He said: ‘If the baby comes out alive I will kill you.’ Then he walked out and left Di Di writhing in pain and crying on the floor. Fortunately some local people in the jungle heard her cries and called a Burmese community group based in Kuala Lumpur who rescued Di Di. When they found her she was still pregnant but barely alive.

As the situation inside the country deteriorates, Burma becomes a major source country for the trafficking of children, women and men for the purpose of commercial sexual exploitation and forced labor in the fishing industries, factories and for domestic servitude. People are trafficked out of Burma generally in three ways: taken by force; sold by desperate and/or drug addicted parents; or lured by the deceptive practices of traffickers posing as ‘brokers’, ‘smugglers’ or ‘agents’ - people who promise safe transit out of Burma in exchange for a fee.

Once away from their families and friends the victims find themselves living lives as modern slaves in Thailand, Malaysia, China, and also in India, Pakistan and Bangladesh. Worldwide, trafficking is the most rapidly growing and third largest criminal industry after the drug and arms trades—its profits are quick and risk is considered low. According to the International Labor Organization (ILO) statistics from 2005, the human trafficking business generates an estimated $US32 billion annually.

Recently there have been numerous reports indicating that some members of the Thai and Malaysian governments have been profiting from the sale of Burmese refugees and migrants. In Malaysia, the US Senate Foreign Relations Committee (SFRC) confirmed these allegations in a report published in April 2009.

Cases of Burmese falling victim to human trafficking abound. Htut Kuang had worked as a ferryboat driver. When the soldiers opened fire on his boat he fled and made his way to Malaysia. At the time he was 21 years old. “I just jump in the water and swim to Thailand. I didn’t get to say my family goodbye.”

After two years Htut Kuang received official refugee status from the United Nations High Commission for Refugees (UNHCR). Ten days later, he was arrested on the street for not having a passport. He told the police that he was “an official person of concern to the United Nations,” whereby they tore up his card and sent him to prison.

After Htut Kuang served his sentence, he, along with 11 other Burmese boys and young men who were with him in the prison, were loaded onto a bus for deportation to Thailand. At the Thai-Malaysia border the Malaysian immigration officials forced them to cross a small stream where a group of armed men awaited them on the other side.

These men told the group that they had purchased them from Malaysian immigration for $140 USD each. “You belong to us,” they said. “We bought you from Malaysian immigration and now we need to make a profit.”

Each boy or man was given a chance to call family or friends to raise the ransom for his release, about $US700 per person. Htut Kuang called his mother back in Burma, although he knew she would not be able to send him the money. Not wanting to upset her he told her he was going away to work on a fishing boat and would be back soon. He hung up the phone and began to weep. One of the boys patted his back and whispered to him, “You are a good boy, a good son.”

Htut Kuang’s boat was so far out to sea he never saw land. Drinking water came by small ship and the boys ate the fish that were too rotten to sell. If one of them became sick the captains would beat him. If they didn’t recover after a few days they were shot and thrown into the sea. Htut Kuang remained captive on that boat for three years.

According the SFRC, there are an estimated 90,000 Burmese refugees in Malaysia. The UNHCR has registered about half that number. The US State Department’s 2009 Annual Trafficking in Persons Report estimates 20 per cent of the victims unable to meet the traffickers’ monetary demands are sold into forced labor and prostitution.

Nai Kasauh Mon is director of the Human Rights Foundation of Monland. The foundation, together with the Women and Children’s Rights Project of Southern Burma, recently published a comprehensive report, “Nowhere To Go,” which is based on interviews conducted with 71 Burmese trafficking victims between 2004 to 2009 from 19 townships in Mon State, Karen State, Tenasserim Division, Pegu Division, Rangoon Division and Mandalay Division.

The victims in the report are mostly trafficked from Burma into Thailand and Malaysia, but Kasauh Mon states that Shan and Chin girls are particularly vulnerable to traffickers who are looking for young brides to sell to men in China. The demand for brides is a result of the one child policy in China which has created a disproportionate ratio of males to females.

Another recent phenomenon involves traffickers who have infiltrated the refugee camps in Thailand. There are nine official refugee camps along the Thai-Burma border providing shelter to an estimated 156,000 Burmese people, most of whom have fled the junta's forces as they try to contain ethnic rebel armies. The largest camp is Mae La, housing nearly 50,000 mostly Karen refugees.

The traffickers pose as refugees and lure the people in the camp to go with their new “friend” who promises them jobs so that they can live freely, outside the camps. Once in the cities the refugees are sold to employers who do not pay them and commonly abuse them, both sexually and physically. Like Di Di in Malaysia, because they are in Thailand illegally they are threatened with arrest and prison terms if they try to escape.

Suzie, a three-year old girl from the Akha tribe, represents a situation common to children who live in the bustling border towns of Mae Sai and Mae Sot. Her family immigrated to Thailand when Suzie was an infant. Because they didn’t speak any of the predominant languages they struggled as street beggars. Several traffickers had already preyed on the family, deceiving her four adolescent sisters into working as prostitutes in karaoke bars where they thought they would be given jobs as waitresses.

Some time after the sisters had left, Suzie’s mother, desperate to feed her little brother, sold Suzie to a man for $20 USD. One of her sisters found out, and impassioned by the wish that her baby sister not end up a prostitute like herself, she stole into the trafficker’s home and was able to bring Suzie back to her mother. All of the girls from Suzie’s family have since been rescued by a local organisation in Chang Mai.

While policies inside Burma breed the conditions that foster opportunities for trafficking, many human rights advocates believe that the governments of neighboring ASEAN states are in a position to help eradicate the trafficking that occurs within their borders. Neither Malaysia nor Thailand distinguishes between refugees and illegal immigrants. As a result, neither has signed the 1951 Geneva Convention, protecting the fundamental rights of refugees.

If these two nations were to become signatories to the Convention the refugees might become less vulnerable to the entrapment of traffickers. Signing the Convention would also provide a stronger mandate to prosecute anyone involved with trafficking, including those within the governments’ official ranks.

Perhaps Htut Kuang frames it best. When asked what he would like to tell the world about his experience, he looks at his torn sneakers and his usual smile fades. “I want the world to know what is happening inside of Burma; what our bad government is doing. But also I want people to know how we have to stay in another country where we are still not safe. Everyone here wants to catch us. We need the big countries to help.”

Karen Zusman spent time in Malaysia recording stories about Burmese refugees and human trafficking for an audio documentary, www.pleasedontsaymyname.org

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