Washington Post - White House wary of growing military ties between Burma, N. Korea
By John Pomfret
Washington Post Staff Writer
Tuesday, March 2, 2010; 2:50 PM
The Obama administration is concerned that Burma is expanding its military relationship with North Korea and has launched an aggressive campaign to convince Burma's junta to stop buying North Korean military technology, U.S. officials said.
Concerns about the relationship -- which encompass the sale of small arms, missile components and, most worryingly, possible nuclear-weapons-related technology -- helped prompt the Obama administration last October to end the Bush-era policy of isolating the military junta, said a senior State Department official, speaking on the condition of anonymity because of the sensitivity of the subject.
So far, senior U.S. officials have had four meetings with their Burmese counterparts, with a fifth one expected soon. "Our most decisive interactions have been around North Korea," the official said. "We've been very clear to Burma. We'll see over time if it's been heard."
Criticism and questions have mounted from Congress and human rights organizations over the administration's new policy toward the Southeast Asian nation, which is also known as Myanmar. Rep. Howard L. Berman (D-Calif.), chairman of the House Committee on Foreign Affairs and generally a supporter of the administration's foreign policy, has recently called for the administration to increase the pressure on Burma, including tightening the sanctions that the United States has imposed on the regime.
"Recent events have raised the profile of humanitarian issues there," Berman said Friday. "Support is growing for more action in addition to ongoing efforts."
Thus far, the engagement policy has not yielded any change in Burma's treatment of domestic opponents. On Friday, Burma's supreme court rejected opposition leader Aung San Suu Kyi's latest bid to end more than a decade of house arrest. The Nobel Peace prize laureate's National League for Democracy won elections in 1990, but the military, which has ruled Burma since 1962, did not cede power.
In recent months, the junta has also ramped up repression against political dissidents and ethnic groups, although it has released one aging dissident -- U Tin Oo -- after almost seven years in detention. Thousands of people have fled Burmese military assaults into China, Bangladesh and Thailand in the months following the U.S. opening. A report issued this week by the Karen Women Organization alleged that Burmese troops have gang-raped, murdered and even crucified Karen women as the soldiers have attempted to root out a 60-year-old insurgency by guerrillas of that ethnic minority.
On Feb. 10, a Burmese court sentenced a naturalized Burmese American political activist from Montgomery County to three years of hard labor, and allegedly beat him, denied him food and water, and placed him in isolation in a tiny cell with no toilet. Burma recently snubbed the United Nations' special envoy on human rights, Tomas Ojea Quintana, denying him a meeting with Suu Kyi and access to Burma's senior leadership.
"The bad behavior has increased," said Ernie Bower, an expert on Southeast Asia at the Center for Strategic and International Studies.
Nevertheless, U.S. officials argue -- and Bower and others agree -- that talking with Burma still is the best way forward, especially given the concerns about Burma's deepening military relationship with North Korea. It is also important to keep talking with Burma, said Sen. James Webb (D-Va.), because China is more than willing to replace U.S. influence in Burma and throughout Southeast Asia. Webb's trip to Burma last August -- the first by a member of Congress in a decade -- has been credited with giving the Obama administration the political cover to open up talks with the junta.
Underlining the administration's concerns with Burma is a desire to avoid a repeat of events that unfolded in Syria in 2007. North Korea is believed to have helped to secretly built a nuclear reactor there capable of producing plutonium. It was reportedly only weeks or months away from being functional before Israeli warplanes bombed it in September of that year.
"The lesson here is the Syrian one," said David Albright, president of the non-governmental Institute for Science and International Security and an expert on nuclear proliferation. "That was such a massive intelligence failure. You can't be sure that North Korea isn't doing it someplace else. The U.S. government can't afford to be blindsided again."
Burma is believed to have started a military relationship with North Korea in 2007. But with the passage of a U.N. Security Council resolution last June banning all weapons exports from North Korea, Burma has emerged "as a much bigger player than it was," the senior American official said.
In a report Albright co-wrote in January titled "Burma: A Nuclear Wannabe," he outlined the case for concern about Burma's relations with North Korea. First, Burma has already signed a deal with Russia for the supply of a 10-megawatt thermal research reactor, although no construction of the research center had started as of September 2009. Second, although there are many unverified claims from dissident groups about covert nuclear sites in Burma, the report said "there remain legitimate reasons to suspect the existence of undeclared nuclear activities in Burma, particularly in the context of North Korean cooperation."
The report noted that the same company that aided the Syrians in constructing their nuclear facility is active in Burma. The company, Namchongang Trading (NCG), is sanctioned by U.N. Security Council. It is unclear what exactly NCG is doing in Burma, the report said, but its presence there "is bound to increase suspicions about such a sale."
In June 2009, Japanese authorities cracked a case that involved the sale of a magnetometer and other sensitive equipment that could be used to develop or manufacture nuclear weapons -- from a Beijing-based North Korean trading company to Burma.
Finally, the senior U.S. official noted that starting about eight years ago, a large number of Burmese students were going to Russia to study in nuclear-related fields. "It's not just dozens, it's hundreds," he said.
By John Pomfret
Washington Post Staff Writer
Tuesday, March 2, 2010; 2:50 PM
The Obama administration is concerned that Burma is expanding its military relationship with North Korea and has launched an aggressive campaign to convince Burma's junta to stop buying North Korean military technology, U.S. officials said.
Concerns about the relationship -- which encompass the sale of small arms, missile components and, most worryingly, possible nuclear-weapons-related technology -- helped prompt the Obama administration last October to end the Bush-era policy of isolating the military junta, said a senior State Department official, speaking on the condition of anonymity because of the sensitivity of the subject.
So far, senior U.S. officials have had four meetings with their Burmese counterparts, with a fifth one expected soon. "Our most decisive interactions have been around North Korea," the official said. "We've been very clear to Burma. We'll see over time if it's been heard."
Criticism and questions have mounted from Congress and human rights organizations over the administration's new policy toward the Southeast Asian nation, which is also known as Myanmar. Rep. Howard L. Berman (D-Calif.), chairman of the House Committee on Foreign Affairs and generally a supporter of the administration's foreign policy, has recently called for the administration to increase the pressure on Burma, including tightening the sanctions that the United States has imposed on the regime.
"Recent events have raised the profile of humanitarian issues there," Berman said Friday. "Support is growing for more action in addition to ongoing efforts."
Thus far, the engagement policy has not yielded any change in Burma's treatment of domestic opponents. On Friday, Burma's supreme court rejected opposition leader Aung San Suu Kyi's latest bid to end more than a decade of house arrest. The Nobel Peace prize laureate's National League for Democracy won elections in 1990, but the military, which has ruled Burma since 1962, did not cede power.
In recent months, the junta has also ramped up repression against political dissidents and ethnic groups, although it has released one aging dissident -- U Tin Oo -- after almost seven years in detention. Thousands of people have fled Burmese military assaults into China, Bangladesh and Thailand in the months following the U.S. opening. A report issued this week by the Karen Women Organization alleged that Burmese troops have gang-raped, murdered and even crucified Karen women as the soldiers have attempted to root out a 60-year-old insurgency by guerrillas of that ethnic minority.
On Feb. 10, a Burmese court sentenced a naturalized Burmese American political activist from Montgomery County to three years of hard labor, and allegedly beat him, denied him food and water, and placed him in isolation in a tiny cell with no toilet. Burma recently snubbed the United Nations' special envoy on human rights, Tomas Ojea Quintana, denying him a meeting with Suu Kyi and access to Burma's senior leadership.
"The bad behavior has increased," said Ernie Bower, an expert on Southeast Asia at the Center for Strategic and International Studies.
Nevertheless, U.S. officials argue -- and Bower and others agree -- that talking with Burma still is the best way forward, especially given the concerns about Burma's deepening military relationship with North Korea. It is also important to keep talking with Burma, said Sen. James Webb (D-Va.), because China is more than willing to replace U.S. influence in Burma and throughout Southeast Asia. Webb's trip to Burma last August -- the first by a member of Congress in a decade -- has been credited with giving the Obama administration the political cover to open up talks with the junta.
Underlining the administration's concerns with Burma is a desire to avoid a repeat of events that unfolded in Syria in 2007. North Korea is believed to have helped to secretly built a nuclear reactor there capable of producing plutonium. It was reportedly only weeks or months away from being functional before Israeli warplanes bombed it in September of that year.
"The lesson here is the Syrian one," said David Albright, president of the non-governmental Institute for Science and International Security and an expert on nuclear proliferation. "That was such a massive intelligence failure. You can't be sure that North Korea isn't doing it someplace else. The U.S. government can't afford to be blindsided again."
Burma is believed to have started a military relationship with North Korea in 2007. But with the passage of a U.N. Security Council resolution last June banning all weapons exports from North Korea, Burma has emerged "as a much bigger player than it was," the senior American official said.
In a report Albright co-wrote in January titled "Burma: A Nuclear Wannabe," he outlined the case for concern about Burma's relations with North Korea. First, Burma has already signed a deal with Russia for the supply of a 10-megawatt thermal research reactor, although no construction of the research center had started as of September 2009. Second, although there are many unverified claims from dissident groups about covert nuclear sites in Burma, the report said "there remain legitimate reasons to suspect the existence of undeclared nuclear activities in Burma, particularly in the context of North Korean cooperation."
The report noted that the same company that aided the Syrians in constructing their nuclear facility is active in Burma. The company, Namchongang Trading (NCG), is sanctioned by U.N. Security Council. It is unclear what exactly NCG is doing in Burma, the report said, but its presence there "is bound to increase suspicions about such a sale."
In June 2009, Japanese authorities cracked a case that involved the sale of a magnetometer and other sensitive equipment that could be used to develop or manufacture nuclear weapons -- from a Beijing-based North Korean trading company to Burma.
Finally, the senior U.S. official noted that starting about eight years ago, a large number of Burmese students were going to Russia to study in nuclear-related fields. "It's not just dozens, it's hundreds," he said.
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Guardian - Aung San Suu Kyi: a sham appeal
It was a foregone conclusion in Burma that the opposition leader would not be freed – but we must keep up the pressure
Andrew Heyn, guardian.co.uk, Tuesday 2 March 2010 18.30 GMT
We heard late last Thursday evening that the Burma's high court would sit the following morning to deliver its decision on Aung San Suu Kyi's appeal. Given the global interest in Burma and in Aung San Suu Kyi in particular, you could have expected the atmosphere in Rangoon to be highly charged on Friday morning. If her appeal had been upheld, the implications would have been truly significant. As for Nelson Mandela's release, everyone here would have remembered where they were the day Aung San Suu Kyi was freed.
The reality, however, was different. It was business as usual on the streets. There was no extra buzz around the tea shops; no excited speculation among the local staff in the embassy. Everyone I spoke to before the hearing knew exactly what the result would be. So there was no tension, just resignation.
The court building is an impressive, but faded, relic of Burma's colonial past. Rhubarb and custard painted on the outside, the courtrooms and offices inside are decorated in a bizarre pistachio green and chocolate colour scheme. These rooms, with their high ceilings and lazy ceiling fans, look on to a central courtyard garden. Inside the room allotted to this case today, the lawyers in their black robes and traditional headgear were engaged in animated conversation. Anyone who had arrived here with no prior knowledge of the country would have thought this was a regular legal process where learned and considered interpretation of the law was at stake. As in previous sessions, the prosecution and defence lawyers were present, their desks stacked with law books and papers.
Diplomats representing western countries were also well represented; a reflection of the intense international interest in the hearing. My mobile phone vibrated throughout as international news networks placed their requests for a read out and a quote once proceedings were over. But everyone knew that we were witnessing a sham process and that the outcome of this hearing, like those that had gone before it, was known from the moment the trumped-up charges against Suu Kyi were made last May. And no one knew this better than Suu Kyi herself. She wasn't in the court today – she wasn't allowed to attend. She remains confined under house arrest at least until November, the assumption being that this will prevent her from taking part in the regime's elections.
Proceedings began at around 10.15am. They were over five minutes later. The appeal was dismissed on the grounds that the central arguments presented by the defence team concerning the 1974 constitution were irrelevant. And that was it. After discussions with Suu Kyi's defence team outside the courtroom, I made my way back to the office, photographed by a battery of special police photographers (goodness only knows what they do with all the photographs they have taken of me since I arrived in July). I passed the small group of local stringers outside the court and launched myself back into the bustle of daily street life in Rangoon. And, as before, it was as if nothing significant had happened – everyone was pretty sure what the decision would be and they had been proved right. But in the wider scheme of things, this was a significant event. It represents another dark day; another backward step.
So where do we and the Burmese democracy movement go from here? Seen from here, the answer is that we keep up the pressure unrelentingly. Elections will be held here later this year. Their credibility will be judged by some pretty simple benchmarks. For example, will the 2,100 political prisoners, imprisoned for what they think and what they have written and said, be allowed to express their views to the electorate? Will their views be given column inches and airtime in the media alongside the regime's political representatives? Will Burma's many ethnic groups be brought into an inclusive dialogue on the future of their country? And on election day itself, will people be allowed to cast their votes freely and will the count be conducted properly?
And in the meantime, the legal case rumbles on. Suu Kyi's lawyers can now make a case, to the so-called "special court", that there are significant issues of law or fact which have not been properly considered thus far. They told us this morning they expect to submit their arguments within a month. If this court agrees that there is a case to answer, a special panel of three judges will consider their arguments. If so, the next stage is likely to be in Naypyitaw, the purpose-built capital located about four hours' drive away from any major population centre in Burma. And that will probably be the only change. The venue may be different, but the outcome will almost certainly be the same.
It was a foregone conclusion in Burma that the opposition leader would not be freed – but we must keep up the pressure
Andrew Heyn, guardian.co.uk, Tuesday 2 March 2010 18.30 GMT
We heard late last Thursday evening that the Burma's high court would sit the following morning to deliver its decision on Aung San Suu Kyi's appeal. Given the global interest in Burma and in Aung San Suu Kyi in particular, you could have expected the atmosphere in Rangoon to be highly charged on Friday morning. If her appeal had been upheld, the implications would have been truly significant. As for Nelson Mandela's release, everyone here would have remembered where they were the day Aung San Suu Kyi was freed.
The reality, however, was different. It was business as usual on the streets. There was no extra buzz around the tea shops; no excited speculation among the local staff in the embassy. Everyone I spoke to before the hearing knew exactly what the result would be. So there was no tension, just resignation.
The court building is an impressive, but faded, relic of Burma's colonial past. Rhubarb and custard painted on the outside, the courtrooms and offices inside are decorated in a bizarre pistachio green and chocolate colour scheme. These rooms, with their high ceilings and lazy ceiling fans, look on to a central courtyard garden. Inside the room allotted to this case today, the lawyers in their black robes and traditional headgear were engaged in animated conversation. Anyone who had arrived here with no prior knowledge of the country would have thought this was a regular legal process where learned and considered interpretation of the law was at stake. As in previous sessions, the prosecution and defence lawyers were present, their desks stacked with law books and papers.
Diplomats representing western countries were also well represented; a reflection of the intense international interest in the hearing. My mobile phone vibrated throughout as international news networks placed their requests for a read out and a quote once proceedings were over. But everyone knew that we were witnessing a sham process and that the outcome of this hearing, like those that had gone before it, was known from the moment the trumped-up charges against Suu Kyi were made last May. And no one knew this better than Suu Kyi herself. She wasn't in the court today – she wasn't allowed to attend. She remains confined under house arrest at least until November, the assumption being that this will prevent her from taking part in the regime's elections.
Proceedings began at around 10.15am. They were over five minutes later. The appeal was dismissed on the grounds that the central arguments presented by the defence team concerning the 1974 constitution were irrelevant. And that was it. After discussions with Suu Kyi's defence team outside the courtroom, I made my way back to the office, photographed by a battery of special police photographers (goodness only knows what they do with all the photographs they have taken of me since I arrived in July). I passed the small group of local stringers outside the court and launched myself back into the bustle of daily street life in Rangoon. And, as before, it was as if nothing significant had happened – everyone was pretty sure what the decision would be and they had been proved right. But in the wider scheme of things, this was a significant event. It represents another dark day; another backward step.
So where do we and the Burmese democracy movement go from here? Seen from here, the answer is that we keep up the pressure unrelentingly. Elections will be held here later this year. Their credibility will be judged by some pretty simple benchmarks. For example, will the 2,100 political prisoners, imprisoned for what they think and what they have written and said, be allowed to express their views to the electorate? Will their views be given column inches and airtime in the media alongside the regime's political representatives? Will Burma's many ethnic groups be brought into an inclusive dialogue on the future of their country? And on election day itself, will people be allowed to cast their votes freely and will the count be conducted properly?
And in the meantime, the legal case rumbles on. Suu Kyi's lawyers can now make a case, to the so-called "special court", that there are significant issues of law or fact which have not been properly considered thus far. They told us this morning they expect to submit their arguments within a month. If this court agrees that there is a case to answer, a special panel of three judges will consider their arguments. If so, the next stage is likely to be in Naypyitaw, the purpose-built capital located about four hours' drive away from any major population centre in Burma. And that will probably be the only change. The venue may be different, but the outcome will almost certainly be the same.
********************************************************
India invests '1.35 billion dollars' in Myanmar
Wed Mar 3, 8:09 am ET
BANGKOK (AFP) – India is investing 1.35 billion dollars in gas projects in military-ruled Myanmar, the two governments have announced, as the neighbouring nations pursue closer economic and diplomatic ties.
India's Oil and Natural Gas Corp (ONGC) and Gas Authority of India Ltd. (GAIL) will spend 1.1 billion dollars on rights to develop two gas field blocks and 250 million dollars on a connecting pipeline, India's energy ministry said in a statement.
Myanmar's military government confirmed the gas investment in a statement following broader diplomatic talks held with an Indian delegation on March 1 in its remote capital Naypyidaw.
Myanmar "welcomed the additional investment of 1.1 billion dollars... for gas field development and upstream projects", it said in a statement, referring only to the gas fields deal.
"Both sides agreed to strengthen cooperation in this field," it said.
The other 250-million-dollar investment gives India a 12.5-percent stake in a two-billion-dollar pipeline being built by China National Petroleum Corp (CNPC), China's top oil producer. The first gas is expected in early 2013.
ONGC will spend 167.8 million dollars while GAIL will invest 83.8 million dollars in the 771-kilometre (480-mile) pipeline which will transport gas from the two blocks off the Myanmar coast to China.
The connected gas blocks are jointly owned by South Korea's Daewoo, Korea Gas Corp, ONGC and GAIL.
Myanmar, which has been ruled by the military since 1962, is under economic sanctions by the United States and Europe because of its human rights record and long-running detention of pro-democracy leader Aung San Suu Kyi.
But the impact of the sanctions has been weakened as neighbours such as China, India and Thailand spend billions of dollars for a share of its oil and gas reserves.
Wed Mar 3, 8:09 am ET
BANGKOK (AFP) – India is investing 1.35 billion dollars in gas projects in military-ruled Myanmar, the two governments have announced, as the neighbouring nations pursue closer economic and diplomatic ties.
India's Oil and Natural Gas Corp (ONGC) and Gas Authority of India Ltd. (GAIL) will spend 1.1 billion dollars on rights to develop two gas field blocks and 250 million dollars on a connecting pipeline, India's energy ministry said in a statement.
Myanmar's military government confirmed the gas investment in a statement following broader diplomatic talks held with an Indian delegation on March 1 in its remote capital Naypyidaw.
Myanmar "welcomed the additional investment of 1.1 billion dollars... for gas field development and upstream projects", it said in a statement, referring only to the gas fields deal.
"Both sides agreed to strengthen cooperation in this field," it said.
The other 250-million-dollar investment gives India a 12.5-percent stake in a two-billion-dollar pipeline being built by China National Petroleum Corp (CNPC), China's top oil producer. The first gas is expected in early 2013.
ONGC will spend 167.8 million dollars while GAIL will invest 83.8 million dollars in the 771-kilometre (480-mile) pipeline which will transport gas from the two blocks off the Myanmar coast to China.
The connected gas blocks are jointly owned by South Korea's Daewoo, Korea Gas Corp, ONGC and GAIL.
Myanmar, which has been ruled by the military since 1962, is under economic sanctions by the United States and Europe because of its human rights record and long-running detention of pro-democracy leader Aung San Suu Kyi.
But the impact of the sanctions has been weakened as neighbours such as China, India and Thailand spend billions of dollars for a share of its oil and gas reserves.
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Google firm on China censoring, but no timetable set
Tue Mar 2, 2:13 pm ET
WASHINGTON (AFP) – A top Google executive said Tuesday that the Internet giant has set no timetable for its operations in China but remains firm in its plan to end censorship of Web search results there.
"We are reviewing our business operations (in China) now," Google vice president and deputy general counsel Nicole Wong told a congressional hearing on "Global Internet Freedom and the Rule of Law."
Asked by the panel chairman, Senator Dick Durbin, whether Google has a timetable for ending the censorship of its Web search engine in China, Wong said: "We don't have a specific timetable."
"Having said that, we are firm in our decision that we will not censor our search results in China and we are working towards that end," she said.
Wong said Google has "many employees on the ground" in China "so we recognize both the seriousness and the sensitivity of the decision we are making.
"We want to get to that end -- of stopping censoring our search results -- in a way that is appropriate and responsible," Wong said. "We are working on that as hard as we can but it's a very human issue for us."
Wong gave few new details on the mid-December cyberattack on Google originating from China that was partly responsible for the California company's decision to no longer censor its Chinese search engine, Google.cn.
In her prepared remarks to the Senate Judiciary Committee's Subcommittee on Human Rights, Wong also said that more than 25 governments have blocked Google services over the past few years.
Wong said YouTube has been blocked at least 13 countries since 2007: China, Thailand, Turkey, Pakistan, Morocco, Brazil, Syria, Indonesia, Iran, Saudi Arabia, Myanmar, Bangladesh and Turkmenistan.
She said Google blogging platforms Blogger and BlogSpot had been blocked in at least seven countries in the last two years: China, Spain, India, Pakistan, Iran, Myanmar and Ethiopia.
And the social networking site Orkut has been blocked recently in Saudi Arabia, Iran and the United Arab Emirates, she said.
Tue Mar 2, 2:13 pm ET
WASHINGTON (AFP) – A top Google executive said Tuesday that the Internet giant has set no timetable for its operations in China but remains firm in its plan to end censorship of Web search results there.
"We are reviewing our business operations (in China) now," Google vice president and deputy general counsel Nicole Wong told a congressional hearing on "Global Internet Freedom and the Rule of Law."
Asked by the panel chairman, Senator Dick Durbin, whether Google has a timetable for ending the censorship of its Web search engine in China, Wong said: "We don't have a specific timetable."
"Having said that, we are firm in our decision that we will not censor our search results in China and we are working towards that end," she said.
Wong said Google has "many employees on the ground" in China "so we recognize both the seriousness and the sensitivity of the decision we are making.
"We want to get to that end -- of stopping censoring our search results -- in a way that is appropriate and responsible," Wong said. "We are working on that as hard as we can but it's a very human issue for us."
Wong gave few new details on the mid-December cyberattack on Google originating from China that was partly responsible for the California company's decision to no longer censor its Chinese search engine, Google.cn.
In her prepared remarks to the Senate Judiciary Committee's Subcommittee on Human Rights, Wong also said that more than 25 governments have blocked Google services over the past few years.
Wong said YouTube has been blocked at least 13 countries since 2007: China, Thailand, Turkey, Pakistan, Morocco, Brazil, Syria, Indonesia, Iran, Saudi Arabia, Myanmar, Bangladesh and Turkmenistan.
She said Google blogging platforms Blogger and BlogSpot had been blocked in at least seven countries in the last two years: China, Spain, India, Pakistan, Iran, Myanmar and Ethiopia.
And the social networking site Orkut has been blocked recently in Saudi Arabia, Iran and the United Arab Emirates, she said.
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Drought drops Mekong River to nearly 2-decade low
By DENIS D. GRAY, Associated Press Writer – Wed Mar 3, 4:58 am ET
BANGKOK (AP) – Severe drought has dropped the Mekong River to its lowest level in nearly 20 years, halting some cargo traffic and boat tours on the Asian waterway that is the lifeblood for 65 million people in six countries, a draft report said.
The decrease was caused largely by an early end to the 2009 wet season and low rainfall during the monsoons, rather than dams built upstream in China, according to documents drafted by the Mekong River Commission.
"At this stage there is no indication that the existence of dams upstream has made the situation more extreme than the natural case," said the draft report seen by The Associated Press on Wednesday.
Nongovernmental organizations have long blamed China for shrinking the Mekong and causing other ecological damage by building dams. A dozen exist or are planned on the river in the country where it originates.
But dams have also been built or planned in other countries, principally on the river's many tributaries in Laos.
Senior officials from Cambodia, Laos, Thailand and Vietnam met Wednesday in Luang Prabang, Laos, to discuss the river. China and Myanmar, the other two riparian countries, are not commission members.
The report said the river level in southwestern China is the lowest in 50 years, with only half the volume that would be normal in February. Levels at mainstream measuring stations in Laos and northern Thailand are below those in 1992.
River tour operators have stopped services on stretches of the river in Laos and cargo vessels have been halted in China's Yunnan province, the report said.
The commission said the water scarcity has sparked fears of food shortages, lack of access to clean water and impoverishment in some of Southeast Asia's poorest regions.
"This situation represents a wide regional hydrological drought affecting all countries in the upper part of the (Mekong) basin," the report said. It also noted the commission will hold further discussions with China but gave no details.
By DENIS D. GRAY, Associated Press Writer – Wed Mar 3, 4:58 am ET
BANGKOK (AP) – Severe drought has dropped the Mekong River to its lowest level in nearly 20 years, halting some cargo traffic and boat tours on the Asian waterway that is the lifeblood for 65 million people in six countries, a draft report said.
The decrease was caused largely by an early end to the 2009 wet season and low rainfall during the monsoons, rather than dams built upstream in China, according to documents drafted by the Mekong River Commission.
"At this stage there is no indication that the existence of dams upstream has made the situation more extreme than the natural case," said the draft report seen by The Associated Press on Wednesday.
Nongovernmental organizations have long blamed China for shrinking the Mekong and causing other ecological damage by building dams. A dozen exist or are planned on the river in the country where it originates.
But dams have also been built or planned in other countries, principally on the river's many tributaries in Laos.
Senior officials from Cambodia, Laos, Thailand and Vietnam met Wednesday in Luang Prabang, Laos, to discuss the river. China and Myanmar, the other two riparian countries, are not commission members.
The report said the river level in southwestern China is the lowest in 50 years, with only half the volume that would be normal in February. Levels at mainstream measuring stations in Laos and northern Thailand are below those in 1992.
River tour operators have stopped services on stretches of the river in Laos and cargo vessels have been halted in China's Yunnan province, the report said.
The commission said the water scarcity has sparked fears of food shortages, lack of access to clean water and impoverishment in some of Southeast Asia's poorest regions.
"This situation represents a wide regional hydrological drought affecting all countries in the upper part of the (Mekong) basin," the report said. It also noted the commission will hold further discussions with China but gave no details.
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Times of India - China builds 'international gateway' for trade with India, Bangladesh and Myanmar
Saibal Dasgupta, TNN, Mar 3, 2010, 07.24pm IST
BEIJING: China has set out to build what a senior Communist party leader described today as “an international gateway to South Asia”. The grandiose plan involves trade routes connecting India, Bangladesh, Myanmar and Nepal with three Chinese provinces.
Air China has just launched a direct flight between Chengdu in southwestern China with Bangalore. The 5-hour flight will operate twice a week. This is the first non-stop air link between western China and India. Bangalorehas become the fourth Indian city after New Delhi, Mumbai and Kolkata to have direct air links with China.
China is also building a road link with Myanmar and trying to connect its Yunnan province with Bangladesh by road. The move follows repeated requests from Dhaka for establishing a direct trade route between the two countries.
The proposed road from Yunnan might pass through a small part of Myanmar before entering Bangladesh. Plans include connecting these roads with the Kunming highway that is being built to link Yunnan with Bangkok. The result will be a grand network of road links between Thailand, Myanmar and Bangladesh with China’s Yunnan province at the centre.
Myanmar’s rail transportation department has already begun work on laying a railroad connecting the country’s border town of Muse with Jie Guo in China’s Yunnan province, sources said. A railway station will be built at Sone Kwe village near the Lashio-Muse Union Road that passed close to the Chinese border.
Muse accounts for 70% of the border trade conducted by Myanmar through 11 trade points along its border. The proposed rail link is expected to vastly enlarge the commodity flow between Myanmar and China. China has also agreed to build a land bridge to transport oil and gas from Myanmar.
These moves are besides proposals to extend the Tibet railway link to Nepal and build an additional road link between Tibet and Nepal. China also plans to widen the Karokoram highway between its western province of Xingjian and Pakistan.
The Chinese provinces of Yunnan and Sichuan have been in serious competition to build direct trade links with South Asia. Sichuan’s Chengdu city has managed to rope in investment from Wipro and has now managed to connect with Bangalore. Yunnan has gained in terms of border trade owing to its geographical advantages being closer to some of the South Asian countries.
Saibal Dasgupta, TNN, Mar 3, 2010, 07.24pm IST
BEIJING: China has set out to build what a senior Communist party leader described today as “an international gateway to South Asia”. The grandiose plan involves trade routes connecting India, Bangladesh, Myanmar and Nepal with three Chinese provinces.
Air China has just launched a direct flight between Chengdu in southwestern China with Bangalore. The 5-hour flight will operate twice a week. This is the first non-stop air link between western China and India. Bangalorehas become the fourth Indian city after New Delhi, Mumbai and Kolkata to have direct air links with China.
China is also building a road link with Myanmar and trying to connect its Yunnan province with Bangladesh by road. The move follows repeated requests from Dhaka for establishing a direct trade route between the two countries.
The proposed road from Yunnan might pass through a small part of Myanmar before entering Bangladesh. Plans include connecting these roads with the Kunming highway that is being built to link Yunnan with Bangkok. The result will be a grand network of road links between Thailand, Myanmar and Bangladesh with China’s Yunnan province at the centre.
Myanmar’s rail transportation department has already begun work on laying a railroad connecting the country’s border town of Muse with Jie Guo in China’s Yunnan province, sources said. A railway station will be built at Sone Kwe village near the Lashio-Muse Union Road that passed close to the Chinese border.
Muse accounts for 70% of the border trade conducted by Myanmar through 11 trade points along its border. The proposed rail link is expected to vastly enlarge the commodity flow between Myanmar and China. China has also agreed to build a land bridge to transport oil and gas from Myanmar.
These moves are besides proposals to extend the Tibet railway link to Nepal and build an additional road link between Tibet and Nepal. China also plans to widen the Karokoram highway between its western province of Xingjian and Pakistan.
The Chinese provinces of Yunnan and Sichuan have been in serious competition to build direct trade links with South Asia. Sichuan’s Chengdu city has managed to rope in investment from Wipro and has now managed to connect with Bangalore. Yunnan has gained in terms of border trade owing to its geographical advantages being closer to some of the South Asian countries.
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DATE:03/03/10
SOURCE:Flight International
Flightglobal - China selling MA60s to Myanmar and Sri Lanka
By Leithen Francis
The China National Aero-Technology Import and Export Corporation (CATIC) has ordered nine MA60 transports on behalf of two Asian customers, according to a Xian Aircraft official.
Sri Lanka will be buying six of the turboprop-powered aircraft from CATIC, while the remaining three will go to Myanmar, says the official. The countries are acquiring the aircraft with the help of a Chinese government preferred loan scheme, the source adds.
Sri Lanka is to receive two of its MA60s this year, with the remainder to be delivered in 2011, says the Xian official, with Myanmar's three to be handed over in September.
Both countries want the aircraft in a 56-seat configuration, the official adds.
Sri Lanka's ports and aviation ministry confirms that the country is in negotiations to buy six MA60s for the air force. Four of the MA60s will be dedicated for use by the service, but the other two may end up at state-owned carrier Mihin Lanka, it adds.
The Sri Lankan air force currently relies on Antonov An-32s, Lockheed Martin C-130Ks and Chinese-built Harbin Y12s for its transport activities.
Myanmar, meanwhile, relies on ageing Fokker F27s, and is unable to source military equipment from the West because of trade sanctions.
Both nations are close political allies of China, which has been developing relations with them partly to act as a bulwark against its political rival India. Chinese firms are helping to finance and build airports, roads and other infrastructure in Sri Lanka, and Beijing often makes soft loans to such countries.
SOURCE:Flight International
Flightglobal - China selling MA60s to Myanmar and Sri Lanka
By Leithen Francis
The China National Aero-Technology Import and Export Corporation (CATIC) has ordered nine MA60 transports on behalf of two Asian customers, according to a Xian Aircraft official.
Sri Lanka will be buying six of the turboprop-powered aircraft from CATIC, while the remaining three will go to Myanmar, says the official. The countries are acquiring the aircraft with the help of a Chinese government preferred loan scheme, the source adds.
Sri Lanka is to receive two of its MA60s this year, with the remainder to be delivered in 2011, says the Xian official, with Myanmar's three to be handed over in September.
Both countries want the aircraft in a 56-seat configuration, the official adds.
Sri Lanka's ports and aviation ministry confirms that the country is in negotiations to buy six MA60s for the air force. Four of the MA60s will be dedicated for use by the service, but the other two may end up at state-owned carrier Mihin Lanka, it adds.
The Sri Lankan air force currently relies on Antonov An-32s, Lockheed Martin C-130Ks and Chinese-built Harbin Y12s for its transport activities.
Myanmar, meanwhile, relies on ageing Fokker F27s, and is unable to source military equipment from the West because of trade sanctions.
Both nations are close political allies of China, which has been developing relations with them partly to act as a bulwark against its political rival India. Chinese firms are helping to finance and build airports, roads and other infrastructure in Sri Lanka, and Beijing often makes soft loans to such countries.
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EUbusiness - EU foreign policy chief deplores 'unjust' Suu Kyi decision
02 March 2010, 11:27 CET
(BRUSSELS) - EU foreign affairs chief Catherine Ashton on Monday deplored a Myanmar supreme court decision to reject Aung San Suu Kyi's appeal against a jail sentence.
"This damages prospects for an inclusive political dialogue between the government and opposition parties that is urgently needed to achieve progress in national reconciliation and secure long-term stability," Ashton's office said in a statement.
She "deplores the decision of the supreme court to reject the appeal of Aung San Suu Kyi against the unjust sentence imposed last year," the statement added.
Last week the court turned down the opposition leader's appeal against her extended house arrest, keeping her in detention ahead of polls promised by the junta for this year.
Suu Kyi, locked up by the regime for most of the past two decades, had her incarceration lengthened by 18 months in August after being convicted over a bizarre incident in which a US man swam to her lakeside home.
Ashton called on the Myanmar authorities "to heed the appeals of the international community to allow her and all other prisoners of conscience to participate in the political process."
The authorities in Yangon "still have a chance to change course" with the possibility of a final legal appeal, the EU statement said. Ashton made "a strong plea to them to grasp that opportunity in the interests of the future of their country and its people."
02 March 2010, 11:27 CET
(BRUSSELS) - EU foreign affairs chief Catherine Ashton on Monday deplored a Myanmar supreme court decision to reject Aung San Suu Kyi's appeal against a jail sentence.
"This damages prospects for an inclusive political dialogue between the government and opposition parties that is urgently needed to achieve progress in national reconciliation and secure long-term stability," Ashton's office said in a statement.
She "deplores the decision of the supreme court to reject the appeal of Aung San Suu Kyi against the unjust sentence imposed last year," the statement added.
Last week the court turned down the opposition leader's appeal against her extended house arrest, keeping her in detention ahead of polls promised by the junta for this year.
Suu Kyi, locked up by the regime for most of the past two decades, had her incarceration lengthened by 18 months in August after being convicted over a bizarre incident in which a US man swam to her lakeside home.
Ashton called on the Myanmar authorities "to heed the appeals of the international community to allow her and all other prisoners of conscience to participate in the political process."
The authorities in Yangon "still have a chance to change course" with the possibility of a final legal appeal, the EU statement said. Ashton made "a strong plea to them to grasp that opportunity in the interests of the future of their country and its people."
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EUbusiness - EU eyes Singapore as step to Asian trade pacts
03 March 2010, 13:14 CET
(SINGAPORE) - The European Union is looking to seal commercial pacts across Southeast Asia, a top official said Wednesday after announcing the launch of free-trade talks with Singapore.
EU Trade Commissioner Karel De Gucht and Singapore Trade Minister Lim Hng Kiang agreed to launch the talks for a free-trade agreement (FTA), and Lim's ministry said the first round would be held from March 8 to 12.
"Although Singapore is the first one in, our door remains open for other ASEAN countries interested in negotiating a comprehensive free-trade agreement with us," De Gucht said in a speech.
"We are not available to do shallow FTAs, but we will be mindful of differences in levels of development. I feel encouraged by the signals I am getting from certain ASEAN capitals," he said.
The talks with the wealthy city-state follow an announcement on Tuesday that the EU would also begin FTA negotiations with Vietnam, as the European bloc steps up efforts to engage with a booming region that sits in China's backyard.
The Singapore dialogue would be good for the business world and consumers alike, De Gucht said, adding: "For Europe, it will also mark an important stepping stone in the EU's engagement with the ASEAN region."
The EU had earlier abandoned its strategy of negotiating a trade pact with the Association of Southeast Asian Nations (ASEAN) as a whole, publicly citing different levels of economic development within the 10-member bloc.
Instead, the EU decided it would secure free-trade pacts with individual ASEAN states.
Diplomats have said, however, that the change in EU strategy is also due to disagreements over the human rights record of military-ruled ASEAN member Myanmar.
The EU still maintains sanctions on Myanmar, including a travel ban on regime figures, a freeze of their assets and an arms embargo.
In 2007, after the Myanmar junta's violent suppression of popular protests led by Buddhist monks, the sanctions were extended to include a ban on timber, metals and gemstones exports from the country.
The EU is Singapore's largest trading partner and foreign investor, with bilateral trade exceeding 55 billion euros (75 billion US dollars) in 2008, the government said.
Singapore is the EU's 15th biggest trading partner and its largest in ASEAN.
ASEAN's market of 550 million people groups Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.
In his speech, De Gucht said support for free trade was imperilled by the global financial crisis as unemployment rose and complaints over unfair national practices intensified.
The Belgian official said policymakers had to rebut the notion that free trade is "one of the things that got us into a crisis".
"We have to turn around this idea and support international trade to get out of it (the downturn)," he said.
03 March 2010, 13:14 CET
(SINGAPORE) - The European Union is looking to seal commercial pacts across Southeast Asia, a top official said Wednesday after announcing the launch of free-trade talks with Singapore.
EU Trade Commissioner Karel De Gucht and Singapore Trade Minister Lim Hng Kiang agreed to launch the talks for a free-trade agreement (FTA), and Lim's ministry said the first round would be held from March 8 to 12.
"Although Singapore is the first one in, our door remains open for other ASEAN countries interested in negotiating a comprehensive free-trade agreement with us," De Gucht said in a speech.
"We are not available to do shallow FTAs, but we will be mindful of differences in levels of development. I feel encouraged by the signals I am getting from certain ASEAN capitals," he said.
The talks with the wealthy city-state follow an announcement on Tuesday that the EU would also begin FTA negotiations with Vietnam, as the European bloc steps up efforts to engage with a booming region that sits in China's backyard.
The Singapore dialogue would be good for the business world and consumers alike, De Gucht said, adding: "For Europe, it will also mark an important stepping stone in the EU's engagement with the ASEAN region."
The EU had earlier abandoned its strategy of negotiating a trade pact with the Association of Southeast Asian Nations (ASEAN) as a whole, publicly citing different levels of economic development within the 10-member bloc.
Instead, the EU decided it would secure free-trade pacts with individual ASEAN states.
Diplomats have said, however, that the change in EU strategy is also due to disagreements over the human rights record of military-ruled ASEAN member Myanmar.
The EU still maintains sanctions on Myanmar, including a travel ban on regime figures, a freeze of their assets and an arms embargo.
In 2007, after the Myanmar junta's violent suppression of popular protests led by Buddhist monks, the sanctions were extended to include a ban on timber, metals and gemstones exports from the country.
The EU is Singapore's largest trading partner and foreign investor, with bilateral trade exceeding 55 billion euros (75 billion US dollars) in 2008, the government said.
Singapore is the EU's 15th biggest trading partner and its largest in ASEAN.
ASEAN's market of 550 million people groups Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.
In his speech, De Gucht said support for free trade was imperilled by the global financial crisis as unemployment rose and complaints over unfair national practices intensified.
The Belgian official said policymakers had to rebut the notion that free trade is "one of the things that got us into a crisis".
"We have to turn around this idea and support international trade to get out of it (the downturn)," he said.
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Ethiopian Review - Controversy over Myanmar-China pipeline
March 2nd, 2010 at 2:15 pm
80 percent of China’s oil currently goes through the narrow Strait of Malacca, passing Malaysia and Indonesia, a strategically vulnerable zone with a history of piracy. So China’s ambition to use Myanmar’s strategic access to the Indian Ocean and avoid the strait will not only be a money-saving short cut.
Concerns for human rights
However, rights organizations are concerned that there will be human rights violations. Many fear this pipeline project could turn into a sequel to the Yadana gas pipeline, a project connecting Myanmar and Thailand, which resulted in countless cases of rape, murder, forced labor and a large out-of-court settlement in 2004 between US energy giant Unocal and Burmese plaintiffs.
Wong Aung, coordinator of the Shwe Gas Movement, which is speaking out loudly against the construction of the pipelines, says the estimated 29 billion dollars the Burmese government is expected to gain out of these pipelines annually will be used to further suppress the Burmese people. “The beneficiaries of thesepipeline projects have used this revenue to institutionalize the military and recruit Chinese soldiers to come here and oppress the local people. And we believe the local people are being forced to work on thispipeline as well.”
Bernt Berger, a German expert on Myanmar, says forced labor is very likely to play a role in the construction of the pipelines, “this is a legitimate concern because it has been the practice over many years and I think there’s no reason to believe that they won’t do it in this case.”
Forced labor, land confiscations, no compensation
The military regime has already confiscated vast areas of land along the pipeline and given no compensation. And many feel China is to blame. But “China usually does not interfere into processes inside countries. That means they would not provide any help to the population because they would think that is the job of the Burmese government,” says Berger.
Berger believes that this approach has created some resentment among the population of Myanmar, where for decades, China has been the main foreign investor.
“I think what is generally happening is a negative attitude towards Chinese investors and Chinese business people who come to Burma but I don’t think in that region that there will be any unrest. The area where unrest happens are more in the border areas among minorities and that is a big issue this year, where the elections are coming up.”
In August 2009, when over 30,000 Burmese belonging to an ethnic Chinese minority fled Myanmar to China after a military offensive against rebels in the area, Beijing became quite unfriendly towards its ally – which goes to show that China’s policy of non-interference inMyanmar has its limits. (Source: Deutsche Welle)
March 2nd, 2010 at 2:15 pm
80 percent of China’s oil currently goes through the narrow Strait of Malacca, passing Malaysia and Indonesia, a strategically vulnerable zone with a history of piracy. So China’s ambition to use Myanmar’s strategic access to the Indian Ocean and avoid the strait will not only be a money-saving short cut.
Concerns for human rights
However, rights organizations are concerned that there will be human rights violations. Many fear this pipeline project could turn into a sequel to the Yadana gas pipeline, a project connecting Myanmar and Thailand, which resulted in countless cases of rape, murder, forced labor and a large out-of-court settlement in 2004 between US energy giant Unocal and Burmese plaintiffs.
Wong Aung, coordinator of the Shwe Gas Movement, which is speaking out loudly against the construction of the pipelines, says the estimated 29 billion dollars the Burmese government is expected to gain out of these pipelines annually will be used to further suppress the Burmese people. “The beneficiaries of thesepipeline projects have used this revenue to institutionalize the military and recruit Chinese soldiers to come here and oppress the local people. And we believe the local people are being forced to work on thispipeline as well.”
Bernt Berger, a German expert on Myanmar, says forced labor is very likely to play a role in the construction of the pipelines, “this is a legitimate concern because it has been the practice over many years and I think there’s no reason to believe that they won’t do it in this case.”
Forced labor, land confiscations, no compensation
The military regime has already confiscated vast areas of land along the pipeline and given no compensation. And many feel China is to blame. But “China usually does not interfere into processes inside countries. That means they would not provide any help to the population because they would think that is the job of the Burmese government,” says Berger.
Berger believes that this approach has created some resentment among the population of Myanmar, where for decades, China has been the main foreign investor.
“I think what is generally happening is a negative attitude towards Chinese investors and Chinese business people who come to Burma but I don’t think in that region that there will be any unrest. The area where unrest happens are more in the border areas among minorities and that is a big issue this year, where the elections are coming up.”
In August 2009, when over 30,000 Burmese belonging to an ethnic Chinese minority fled Myanmar to China after a military offensive against rebels in the area, Beijing became quite unfriendly towards its ally – which goes to show that China’s policy of non-interference inMyanmar has its limits. (Source: Deutsche Welle)
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The New Nation - Road link with China, Myanmar
Internet Edition. March 3, 2010, Updated: Bangladesh Time 12:00 AM
THE issue of Bangladesh-Myanmar-China road link was discussed at a meeting between Bangladesh Prime Minister and the Vice-Minister of International Department of the Communist Party of China. This meeting took place ahead of Prime Minister's state visit to China by middle of this month. Various other issues of bilateral relations also came up in the discussion. Direct road link with the eastern neighbours, particularly Myanmar and China, is important for Bangladesh. It will not only open a gateway to Southeast Asian nations but also help expand trade and economic relations with them.
Bangladesh is expected to benefit from trade with Myanmar rich in gas and other natural resources. Myanmar is in the middle of the chain of the proposed road link. Bangladesh has no road communication with this near neighbour. This is one of the reasons why Bangladesh's bilateral trade with Myanmar is very limited. The present trade with Myanmar is worth US$140 million. The proposed direct road-link is important also in view of the alignment of the proposed Asian Highway. It will also help promote Bangladesh's look-East diplomacy.
Various atempts were made in the past to establish road connection with Myanmar. In 2004, a memorandum of understanding was signed between the two countries. An agreement was also reached in July 2007 for establishing the link. Under this agreement Bangladesh offered to construct some 23 kilometres of the road inside Myanmar at its own cost But for some reasons litle progress has so far been made. Bangladesh should strive hard for early construction of the proposed road link. This will require Bangladesh to strengthen its relation with Myanmar through quick resolution of border and Rohingya issues.
Internet Edition. March 3, 2010, Updated: Bangladesh Time 12:00 AM
THE issue of Bangladesh-Myanmar-China road link was discussed at a meeting between Bangladesh Prime Minister and the Vice-Minister of International Department of the Communist Party of China. This meeting took place ahead of Prime Minister's state visit to China by middle of this month. Various other issues of bilateral relations also came up in the discussion. Direct road link with the eastern neighbours, particularly Myanmar and China, is important for Bangladesh. It will not only open a gateway to Southeast Asian nations but also help expand trade and economic relations with them.
Bangladesh is expected to benefit from trade with Myanmar rich in gas and other natural resources. Myanmar is in the middle of the chain of the proposed road link. Bangladesh has no road communication with this near neighbour. This is one of the reasons why Bangladesh's bilateral trade with Myanmar is very limited. The present trade with Myanmar is worth US$140 million. The proposed direct road-link is important also in view of the alignment of the proposed Asian Highway. It will also help promote Bangladesh's look-East diplomacy.
Various atempts were made in the past to establish road connection with Myanmar. In 2004, a memorandum of understanding was signed between the two countries. An agreement was also reached in July 2007 for establishing the link. Under this agreement Bangladesh offered to construct some 23 kilometres of the road inside Myanmar at its own cost But for some reasons litle progress has so far been made. Bangladesh should strive hard for early construction of the proposed road link. This will require Bangladesh to strengthen its relation with Myanmar through quick resolution of border and Rohingya issues.
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The Nation - Buddhist lessons in the judgement on Tkaksin
By Stephen B Young
Special to The Nation
Published on March 3, 2010
Thailand has commenced a new era of political development, one that promises satisfaction for all the people, a more honest democracy, social justice, and economic growth.
The decision of the Supreme Court to seize 60 per cent of the Shin Corp assets of former prime minister Thaksin Shinawatra and his family turns the pages of Thai history to a new and happier chapter.
First, the decision upheld the law and protected it from intimidation and exploitation on behalf of certain powerful persons. Key to a vital democracy are transparency and accountability. Without those, the law is a fool, or worse, a tool of oppression.
The judgement exposed the facts behind various government decisions which added value to Shin Corp to the direct benefit of Thaksin and his family. The judgement thus provided transparency.
Second, the judgement provided accountability. Those personally responsible for the actions under review were held accountable. They - primarily Thaksin himself - were prevented from evading the consequences of how they used their power and authority while in office. They were called to public account.
Accountability is the moral foundation that permits our giving power to someone else. Law exists to insist on accountability so that people have incentives to behave well and think about the needs of others and not just take care of themselves at all costs.
Law and accountability are at the heart of Buddhist teachings. Under Buddhist concepts, no one - not even a prime minister - can escape the karma brought about by their deeds. We are each accountable for what we do; there is no escape. If we do good, certain consequences flow. If we do bad, other consequences inevitably flow. No one else can be blamed for what we set in motion. The burden of doing right is on our own shoulders. If things go wrong for us, the Dharma teaches that we must not blame others or feel we are their victims.
The court judgement opens the door to a better, more honest democracy for Thailand, just what the red shirts are demanding. The red-shirt leaders are also to be congratulated for not organising mobs and demonstrations to influence the court. They too realise that genuine democracy for Thailand cannot be achieved through intimidation, threats or violence.
Genuine democracy moves forward with persuasion using reason and appeal to mobilise public opinion. Judges play an important role in such democracy by giving reasons for their decisions.
As a lawyer, law professor and law school dean, I can affirm that the decisions made by the court on Friday were within the moral arena of good law. First, the judges stated the purpose of the law on preventing corruption. This provided a legitimate reason for their final decision. The law is designed to prevent abuse of office whereby authority can be used to reward selfish ambitions and so not serve the people or the common good.
Second, a good judicial decision discusses the important and significant facts. These facts link the rule of law to reality and provide rational justification for the decision. In its decision, the court complied with both standards. They discussed the facts with accuracy and clarity. We should be grateful to the judges for doing their duty.
The court especially did its duty in coming to a decision as to who was the real beneficiary of ownership in Shin Corp. The court found that nominee owners are just that - nominees and not real owners. The legal doctrine is called "piercing the corporate veil" to look beyond paperwork and legal forms to the facts as to who holds power. Just placing stock certificates in the names of children or relatives does not make them real owners if they can't appoint the company's board of directors.
The court has shown Thailand how to move from a political system where individual personalities have great sway to a new kind of system where the rule of law is most important.
In terms of traditional Thai values, we can say that the law has its own kind of baramee. It provides refuge for the just and protection for the weak; it stands against selfishness and abuse of power. It can be trusted as a reliable patron - but only if the judges are honest, independent, thoughtful, learned and caring. And, the laws must be written to protect the common good, not the interests of only a few.
Friday's decision also brings to a close a bitter and divisive argument. The decision did not come from any "power" outside the constitution. The only baramee at work in the decision was the baramee of constitutional authority and the law. High moral standards were upheld in a fair manner. No sinister presence can be blamed for the results.
Similarly, Thaksin has only himself to blame. He is not a victim. He was the prime minister and officials under his control took the actions that added value to Shin Corp. The decisions on converting telecom fees into an excise tax, reduction of revenue paid to TOT, changing the terms of the concession to launch iPSTAR satellite, amending the concession to reduce Shin Corp's share in Shin Satellite, and making a Bt4 billion loan to Burma were not made by any enemy to Thaksin or by any political opponent - not by the yellow shirts, not by Newin, not by the Democrats, not by the leaders of the 2006 coup, not by General Prem, not by anyone outside Thaksin's circle of supporters.
Another important lesson taught by the court was to undermine the attractions of money politics. If Thaksin can be made to pay for his use of power as prime minister, then every politician and official can be made to pay for their misuse of power in the future. The court upheld the law that being in politics and government is not the right way to get wealthy.
The court said indirectly that politics and government should be about serving the people, not helping cronies make more money. Well said, I say.
By Stephen B Young
Special to The Nation
Published on March 3, 2010
Thailand has commenced a new era of political development, one that promises satisfaction for all the people, a more honest democracy, social justice, and economic growth.
The decision of the Supreme Court to seize 60 per cent of the Shin Corp assets of former prime minister Thaksin Shinawatra and his family turns the pages of Thai history to a new and happier chapter.
First, the decision upheld the law and protected it from intimidation and exploitation on behalf of certain powerful persons. Key to a vital democracy are transparency and accountability. Without those, the law is a fool, or worse, a tool of oppression.
The judgement exposed the facts behind various government decisions which added value to Shin Corp to the direct benefit of Thaksin and his family. The judgement thus provided transparency.
Second, the judgement provided accountability. Those personally responsible for the actions under review were held accountable. They - primarily Thaksin himself - were prevented from evading the consequences of how they used their power and authority while in office. They were called to public account.
Accountability is the moral foundation that permits our giving power to someone else. Law exists to insist on accountability so that people have incentives to behave well and think about the needs of others and not just take care of themselves at all costs.
Law and accountability are at the heart of Buddhist teachings. Under Buddhist concepts, no one - not even a prime minister - can escape the karma brought about by their deeds. We are each accountable for what we do; there is no escape. If we do good, certain consequences flow. If we do bad, other consequences inevitably flow. No one else can be blamed for what we set in motion. The burden of doing right is on our own shoulders. If things go wrong for us, the Dharma teaches that we must not blame others or feel we are their victims.
The court judgement opens the door to a better, more honest democracy for Thailand, just what the red shirts are demanding. The red-shirt leaders are also to be congratulated for not organising mobs and demonstrations to influence the court. They too realise that genuine democracy for Thailand cannot be achieved through intimidation, threats or violence.
Genuine democracy moves forward with persuasion using reason and appeal to mobilise public opinion. Judges play an important role in such democracy by giving reasons for their decisions.
As a lawyer, law professor and law school dean, I can affirm that the decisions made by the court on Friday were within the moral arena of good law. First, the judges stated the purpose of the law on preventing corruption. This provided a legitimate reason for their final decision. The law is designed to prevent abuse of office whereby authority can be used to reward selfish ambitions and so not serve the people or the common good.
Second, a good judicial decision discusses the important and significant facts. These facts link the rule of law to reality and provide rational justification for the decision. In its decision, the court complied with both standards. They discussed the facts with accuracy and clarity. We should be grateful to the judges for doing their duty.
The court especially did its duty in coming to a decision as to who was the real beneficiary of ownership in Shin Corp. The court found that nominee owners are just that - nominees and not real owners. The legal doctrine is called "piercing the corporate veil" to look beyond paperwork and legal forms to the facts as to who holds power. Just placing stock certificates in the names of children or relatives does not make them real owners if they can't appoint the company's board of directors.
The court has shown Thailand how to move from a political system where individual personalities have great sway to a new kind of system where the rule of law is most important.
In terms of traditional Thai values, we can say that the law has its own kind of baramee. It provides refuge for the just and protection for the weak; it stands against selfishness and abuse of power. It can be trusted as a reliable patron - but only if the judges are honest, independent, thoughtful, learned and caring. And, the laws must be written to protect the common good, not the interests of only a few.
Friday's decision also brings to a close a bitter and divisive argument. The decision did not come from any "power" outside the constitution. The only baramee at work in the decision was the baramee of constitutional authority and the law. High moral standards were upheld in a fair manner. No sinister presence can be blamed for the results.
Similarly, Thaksin has only himself to blame. He is not a victim. He was the prime minister and officials under his control took the actions that added value to Shin Corp. The decisions on converting telecom fees into an excise tax, reduction of revenue paid to TOT, changing the terms of the concession to launch iPSTAR satellite, amending the concession to reduce Shin Corp's share in Shin Satellite, and making a Bt4 billion loan to Burma were not made by any enemy to Thaksin or by any political opponent - not by the yellow shirts, not by Newin, not by the Democrats, not by the leaders of the 2006 coup, not by General Prem, not by anyone outside Thaksin's circle of supporters.
Another important lesson taught by the court was to undermine the attractions of money politics. If Thaksin can be made to pay for his use of power as prime minister, then every politician and official can be made to pay for their misuse of power in the future. The court upheld the law that being in politics and government is not the right way to get wealthy.
The court said indirectly that politics and government should be about serving the people, not helping cronies make more money. Well said, I say.
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KIA in combat readiness
Wednesday, 03 March 2010 01:43 Phanida
Chiang Mai (Mizzima) – Under tremendous pressure from the Burmese military junta to transform to the Border Guard Force (BGF), the Kachin Independence Army (KIA) is in battle readiness in the event of a military onslaught by the Burmese Army.
The KIA is also recruiting soldiers and conducting military training.
The junta's chief negotiator on the BGF issue Military Affairs Security (MAS) Chief Lt. Gen. Ye Myint set a deadline for February 28 for the Kachin Independence Organization (KIO), the political wing, to respond to the thorny issue of conversion of its KIA. But KIO did not respond to this ultimatum.
The KIO, meanwhile is holding a crucial meeting at its party headquarters Laiza starting today. Present are leaders including 30 members of the Central Executive Committee (CEC), who are to decide on how to respond to the junta's demand.
"The meeting will decide on the transformation issue. They are deliberating on how to respond to the junta's demand," a KIO Central Committee (CC) member said.
They are trying to resolve the crisis politically but at the same time are preparing for the worst, he added.
"We are on standby on the west from Hukoung to the India border, in the east up to the China border, in the north our troops are on alert up to the Tibet border and in the south, we are ready up to the border of Kachin State and Burma proper, " a KIA officer, who wished anonymity told Mizzima.
KIO leaders met the junta's delegation led by Lt. Gen. Ye Myint and Northern Command Commander Maj. Gen. Soe Win in Myitkyina on 29 January for the eleventh time to discuss the contentious BGF issue.
The KIO submitted a proposal to the junta saying they would like to transform their army into the Kachin Region Guard Force (KRGF) rather than the BGF along with other departments of theirs. They offered to surrender arms if the junta accepts 'equality of ethnic rights' enshrined in the historical 1947 Panlong Agreement.
The KIO formed a five-member committee with Vice-Chairman Gawri Zau Sai, General Secretary Dr. Laja, Col. Suanlut Guam Maw, Col. Laphai La and Capt. G Nau Ni to engage in direct negotiation with the junta on the BGF issue.
After signing the ceasefire agreement with the junta in 1994, the regime allowed KIO and KIA to operate in the north of Burma and control these areas.
The agreement allowed KIO to collect taxes and levies from local jade mines, gold mines and timber and logging business. The KIO built many infrastructure projects such as roads, generated electricity, besides building schools and opening clinics for the local people.
The junta has been applying tremendous pressure on all ceasefire groups to convert their armies into the BGF but the KIO, United Wa State Army (UWSA), Shan State Army-North (SSA-N), New Mon State Party (NMSP) and Shan State Special Region No. 4 or Mongla group are still refusing to accept the proposal.
Wednesday, 03 March 2010 01:43 Phanida
Chiang Mai (Mizzima) – Under tremendous pressure from the Burmese military junta to transform to the Border Guard Force (BGF), the Kachin Independence Army (KIA) is in battle readiness in the event of a military onslaught by the Burmese Army.
The KIA is also recruiting soldiers and conducting military training.
The junta's chief negotiator on the BGF issue Military Affairs Security (MAS) Chief Lt. Gen. Ye Myint set a deadline for February 28 for the Kachin Independence Organization (KIO), the political wing, to respond to the thorny issue of conversion of its KIA. But KIO did not respond to this ultimatum.
The KIO, meanwhile is holding a crucial meeting at its party headquarters Laiza starting today. Present are leaders including 30 members of the Central Executive Committee (CEC), who are to decide on how to respond to the junta's demand.
"The meeting will decide on the transformation issue. They are deliberating on how to respond to the junta's demand," a KIO Central Committee (CC) member said.
They are trying to resolve the crisis politically but at the same time are preparing for the worst, he added.
"We are on standby on the west from Hukoung to the India border, in the east up to the China border, in the north our troops are on alert up to the Tibet border and in the south, we are ready up to the border of Kachin State and Burma proper, " a KIA officer, who wished anonymity told Mizzima.
KIO leaders met the junta's delegation led by Lt. Gen. Ye Myint and Northern Command Commander Maj. Gen. Soe Win in Myitkyina on 29 January for the eleventh time to discuss the contentious BGF issue.
The KIO submitted a proposal to the junta saying they would like to transform their army into the Kachin Region Guard Force (KRGF) rather than the BGF along with other departments of theirs. They offered to surrender arms if the junta accepts 'equality of ethnic rights' enshrined in the historical 1947 Panlong Agreement.
The KIO formed a five-member committee with Vice-Chairman Gawri Zau Sai, General Secretary Dr. Laja, Col. Suanlut Guam Maw, Col. Laphai La and Capt. G Nau Ni to engage in direct negotiation with the junta on the BGF issue.
After signing the ceasefire agreement with the junta in 1994, the regime allowed KIO and KIA to operate in the north of Burma and control these areas.
The agreement allowed KIO to collect taxes and levies from local jade mines, gold mines and timber and logging business. The KIO built many infrastructure projects such as roads, generated electricity, besides building schools and opening clinics for the local people.
The junta has been applying tremendous pressure on all ceasefire groups to convert their armies into the BGF but the KIO, United Wa State Army (UWSA), Shan State Army-North (SSA-N), New Mon State Party (NMSP) and Shan State Special Region No. 4 or Mongla group are still refusing to accept the proposal.
********************************************************
The Irrawaddy - Reinforcements Ordered as BGF Deadline Expires
By WAI MOE - Wednesday, March 3, 2010
RUILI, China — The Burmese military has tightened security along Sino-Burmese trade routes in northern Shan State following the expiration of the deadline on Sunday for compliance to its border guard force order, local sources said.
Businessmen on the border told The Irrawaddy that security forces including soldiers, police and intelligence services have increased as the tension increases between the regime's army and ethnic groups over the border guard force order.
“Since Feb. 28, more security forces are visible along the Sino-Burmese trade route from Lashio to Muse,” said a Burmese businessman on the border. “Officials said the latest increase was ordered directly from Naypyidaw.”
The Burmese army reportedly has ordered 12 tanks and armored vehicles to Myitkyina, transported by trains.
Other businessmen and brokers said that getting imported items from China into Burmese cities has been more difficult along the trade route between the headquarters of the Northeast Regional Military Command to the border trading town of Muse.
In spite of the tightened security in northern Shan State, the volume of border trade has not been affected so far, said businessmen.
Since April 2009, Naypyidaw has tried to coerce all ethnic armed groups to transform their armies into a border guard force under the regime's command. So far, only the New Democratic Army—Kachin and one Kareni group have indicated they would comply with the order.
Other groups including the large United Wa State Army (UWSA) and the Kachin Independence Army (KIA) have said they would not comply or are in negotiations.
On Wednesday, Kachin Independence Organization members of the central committee and commanders of the KIA continued to negotiate, according to KIA sources.
Ahead of the deadline on Sunday, Lt-Gen Ye Myint, the top junta negotiator and the chief of Military Affairs Security, formerly known as the Military Intelligence Services, met last week with a UWSA delegation led by Chairman Bao Youxiang in Tang Yan, in northern Shan State.
Among the issues discussed was a guarantee of Wa control of territory in southern and northern Shan State including three strategic Wa townships which were not part of the articles in the 2008 Constitution.
Chinese officials, who have tried to broker peaceful negotiations between the ethnic groups and the regime, reportedly accompanied the Wa delegation to Tang Yan last week . A Wa source said the UWSA did not ask Naypyidaw for an extension of the guard force deadline.
Analysts say instability in northern Burma would badly damage border trade and relations between Burma and China, which is one of Burma's main supporters.
According to some Chinese experts on Burma, Beijing did not have a well developed policy on Burma’s ethnic nationalities before the junta’s military offensive in August 2009 against the Kokang armed group, also known as the Myanmar National Democratic Alliance Army. The Kokang have close ties with Chinese nationals.
During the military crackdown on the Kokang, many Chinese nationals living in Burma were reportedly abused by the government's security forces, and 37,000 Kokang-Chinese fled to China to seek refuge.
Following the Kokang incident, Beijing sent a research team to the border to gather information and develop a more clear policy on the issues affecting ethnic groups and the Burmese government, said a Chinese scholar in Yunnan Province.
By WAI MOE - Wednesday, March 3, 2010
RUILI, China — The Burmese military has tightened security along Sino-Burmese trade routes in northern Shan State following the expiration of the deadline on Sunday for compliance to its border guard force order, local sources said.
Businessmen on the border told The Irrawaddy that security forces including soldiers, police and intelligence services have increased as the tension increases between the regime's army and ethnic groups over the border guard force order.
“Since Feb. 28, more security forces are visible along the Sino-Burmese trade route from Lashio to Muse,” said a Burmese businessman on the border. “Officials said the latest increase was ordered directly from Naypyidaw.”
The Burmese army reportedly has ordered 12 tanks and armored vehicles to Myitkyina, transported by trains.
Other businessmen and brokers said that getting imported items from China into Burmese cities has been more difficult along the trade route between the headquarters of the Northeast Regional Military Command to the border trading town of Muse.
In spite of the tightened security in northern Shan State, the volume of border trade has not been affected so far, said businessmen.
Since April 2009, Naypyidaw has tried to coerce all ethnic armed groups to transform their armies into a border guard force under the regime's command. So far, only the New Democratic Army—Kachin and one Kareni group have indicated they would comply with the order.
Other groups including the large United Wa State Army (UWSA) and the Kachin Independence Army (KIA) have said they would not comply or are in negotiations.
On Wednesday, Kachin Independence Organization members of the central committee and commanders of the KIA continued to negotiate, according to KIA sources.
Ahead of the deadline on Sunday, Lt-Gen Ye Myint, the top junta negotiator and the chief of Military Affairs Security, formerly known as the Military Intelligence Services, met last week with a UWSA delegation led by Chairman Bao Youxiang in Tang Yan, in northern Shan State.
Among the issues discussed was a guarantee of Wa control of territory in southern and northern Shan State including three strategic Wa townships which were not part of the articles in the 2008 Constitution.
Chinese officials, who have tried to broker peaceful negotiations between the ethnic groups and the regime, reportedly accompanied the Wa delegation to Tang Yan last week . A Wa source said the UWSA did not ask Naypyidaw for an extension of the guard force deadline.
Analysts say instability in northern Burma would badly damage border trade and relations between Burma and China, which is one of Burma's main supporters.
According to some Chinese experts on Burma, Beijing did not have a well developed policy on Burma’s ethnic nationalities before the junta’s military offensive in August 2009 against the Kokang armed group, also known as the Myanmar National Democratic Alliance Army. The Kokang have close ties with Chinese nationals.
During the military crackdown on the Kokang, many Chinese nationals living in Burma were reportedly abused by the government's security forces, and 37,000 Kokang-Chinese fled to China to seek refuge.
Following the Kokang incident, Beijing sent a research team to the border to gather information and develop a more clear policy on the issues affecting ethnic groups and the Burmese government, said a Chinese scholar in Yunnan Province.
********************************************************
The Irrawaddy - Nobel Laureates Urge Inquiry into Junta Crimes
By SIMON ROUGHNEEN - Wednesday, March 3, 2010
BANGKOK — After hearing testimony from 12 women who outlined abuses they suffered at the hands of the Burmese army and military regime, a panel of Nobel peace laureates and international jurists have added to calls for such crimes to be the subject of an international investigation.
Dr. Heisoo Shin and Prof. Vitit Muntarbhorn joined Nobel peace winners Shirin Ebadi and Jody Williams in urging “the UN Security Council to refer Burma to the International Criminal Court.”
Earlier, Heisoo Shin said that “Burma is in violation of rights under treaties it has ratified such as the Convention on the Rights of the Child.” Burma's army has been accused of recruiting child soldiers and using child labor by the UN and foreign governments.
The International Tribunal on Crimes Against Women of Burma in New York was organized by the Nobel Women's Initiative and the Women's League of Burma , and took place at the CUNY Graduate Center in New York on March 2. The event ran live via the Internet.
Twelve Burmese women spoke of their experiences at the hand of the junta, with some adding that the trauma caused by their suffering was exacerbated by the shame endured as they were later shunned by their community.
One woman's story was particularly harrowing: “They raped us all without a second thought, until we finally escaped their drunken grasps. News spread quickly throughout my village. We received international attention when the BBC picked up the story. I had become a headline. The shame I brought to my family, my school, my village was so difficult to bear. I wanted to forget, but no one would let me. I was caned by my teacher in front of the entire school before being expelled. Later, I was also expelled from my community for bringing shame upon it. Left without a home, a school, friends or a family, I was arrested by the police for 'defaming' the same soldiers who raped me.”
Testimonies ranged from ordinary civilians to others targeted and assaulted due to political beliefs.
Later, another woman's story outlined how her role in Generation 88, the student group that manned mass protests against the junta in 1988, led to her arrest, sexual abuse and life-long health complications.
She told the tribunal: “I was arrested in 1989 because of my membership in Generation 88. I was 5 months pregnant when I was imprisoned and gave birth behind the prison walls. I was given no medical care before or during the birth of my son and because of the complications, I could not have any more children. When I was first detained, they would not give me any food for 12 days. I now have liver disease from the dirty water we were forced to drink.”
The calls for international investigation into human rights violations in Burma are not the first. In 2009, a panel of jurists that included a former judge and two former prosecutors for the International Tribunal for the Former Yugoslavia, where notorious Bosnian Serb leader Radovan Karadzic is being tried, compiled a report for the International Human Rights Clinic at Harvard Law School. Using existing UN documents, "Crimes in Burma” outlined what it termed epidemic levels of forced labor in the 1990s, the recruitment of tens of thousands of child soldiers, widespread sexual violence, extrajudicial killings and torture, and more than a million displaced persons.”
The report urged that a Commission of Inquiry be established to investigate these and other abuses, using the same UN Security Council procedure that established the COI for Darfur and former Yugoslavia. However, the report acknowledges that Chinese and Russian opposition would likely stymie any attempt to set up a COI for Burma, even if the rest of the Security Council was willing to pursue this, and despite the existence of ample UN documentation already. The UN Security Council held its first ever debate on Burma in 2005, but little of note has happened since at that level.
Similarly, the Burma Lawyers Council ran seminars looking at the validity of an international investigation into human rights violations in Burma, which led to its chairman going into hiding in Thailand before fleeing to Sweden due to junta threats.
How calls for international justice to be applied in Burma might have an affect on domestic politics is not clear. However, they may have already had an impact on the country's Constitution, which has a provision giving the junta immunity from prosecution.
This would not prevent them from being prosecuted under international law, however, potentially raising the stakes for the ruling generals should their long and seemingly unbreakable rule in Burma ever come to an end.
In New York, at the conclusion to the proceedings, judge Muntarbhorn lamented that what is clear from the testimony is that "democracy has been stolen from the people" in Burma.
By SIMON ROUGHNEEN - Wednesday, March 3, 2010
BANGKOK — After hearing testimony from 12 women who outlined abuses they suffered at the hands of the Burmese army and military regime, a panel of Nobel peace laureates and international jurists have added to calls for such crimes to be the subject of an international investigation.
Dr. Heisoo Shin and Prof. Vitit Muntarbhorn joined Nobel peace winners Shirin Ebadi and Jody Williams in urging “the UN Security Council to refer Burma to the International Criminal Court.”
Earlier, Heisoo Shin said that “Burma is in violation of rights under treaties it has ratified such as the Convention on the Rights of the Child.” Burma's army has been accused of recruiting child soldiers and using child labor by the UN and foreign governments.
The International Tribunal on Crimes Against Women of Burma in New York was organized by the Nobel Women's Initiative and the Women's League of Burma , and took place at the CUNY Graduate Center in New York on March 2. The event ran live via the Internet.
Twelve Burmese women spoke of their experiences at the hand of the junta, with some adding that the trauma caused by their suffering was exacerbated by the shame endured as they were later shunned by their community.
One woman's story was particularly harrowing: “They raped us all without a second thought, until we finally escaped their drunken grasps. News spread quickly throughout my village. We received international attention when the BBC picked up the story. I had become a headline. The shame I brought to my family, my school, my village was so difficult to bear. I wanted to forget, but no one would let me. I was caned by my teacher in front of the entire school before being expelled. Later, I was also expelled from my community for bringing shame upon it. Left without a home, a school, friends or a family, I was arrested by the police for 'defaming' the same soldiers who raped me.”
Testimonies ranged from ordinary civilians to others targeted and assaulted due to political beliefs.
Later, another woman's story outlined how her role in Generation 88, the student group that manned mass protests against the junta in 1988, led to her arrest, sexual abuse and life-long health complications.
She told the tribunal: “I was arrested in 1989 because of my membership in Generation 88. I was 5 months pregnant when I was imprisoned and gave birth behind the prison walls. I was given no medical care before or during the birth of my son and because of the complications, I could not have any more children. When I was first detained, they would not give me any food for 12 days. I now have liver disease from the dirty water we were forced to drink.”
The calls for international investigation into human rights violations in Burma are not the first. In 2009, a panel of jurists that included a former judge and two former prosecutors for the International Tribunal for the Former Yugoslavia, where notorious Bosnian Serb leader Radovan Karadzic is being tried, compiled a report for the International Human Rights Clinic at Harvard Law School. Using existing UN documents, "Crimes in Burma” outlined what it termed epidemic levels of forced labor in the 1990s, the recruitment of tens of thousands of child soldiers, widespread sexual violence, extrajudicial killings and torture, and more than a million displaced persons.”
The report urged that a Commission of Inquiry be established to investigate these and other abuses, using the same UN Security Council procedure that established the COI for Darfur and former Yugoslavia. However, the report acknowledges that Chinese and Russian opposition would likely stymie any attempt to set up a COI for Burma, even if the rest of the Security Council was willing to pursue this, and despite the existence of ample UN documentation already. The UN Security Council held its first ever debate on Burma in 2005, but little of note has happened since at that level.
Similarly, the Burma Lawyers Council ran seminars looking at the validity of an international investigation into human rights violations in Burma, which led to its chairman going into hiding in Thailand before fleeing to Sweden due to junta threats.
How calls for international justice to be applied in Burma might have an affect on domestic politics is not clear. However, they may have already had an impact on the country's Constitution, which has a provision giving the junta immunity from prosecution.
This would not prevent them from being prosecuted under international law, however, potentially raising the stakes for the ruling generals should their long and seemingly unbreakable rule in Burma ever come to an end.
In New York, at the conclusion to the proceedings, judge Muntarbhorn lamented that what is clear from the testimony is that "democracy has been stolen from the people" in Burma.
********************************************************
Imminent Thai deportation condemned
Mar 3, 2010 (DVB)-The Human Rights and Development Foundation (HRDF) has condemned the imminent deportation of what they estimate could be as many as 1.5 million workers.
The deadline for migrant workers to apply for temporary passports under the nationality verification process (NVP) scheme passed yesterday and as such the Thai deputy minister for labour, Mr Supat Gukun has stated in the Thai press that they “will not be lenient” and that the authorities will attempt to deport them.
There are thought to be around 1.3 million registered migrant workers in Thailand. Of that total 700,000 applied for the(NVP) before the deadline.
There are however many more who are unregistered, who would not have been eligible for the national verification process in the first place.
If the 600,000 registered migrants who failed to complete the national verification process are added to those unregistered migrants, Mr. Andy Hall, Director of HRDF’s migrant justice program estimates there is a total of 1.5 million migrants who may be deported.
The Thai government gave them until the 2nd of March to register with the NVP or face deportation but several NGOs have questioned the morality and even legality of sending Burmese back to their homeland given the human rights situation in the country.
“If the Thai government were to deport these people back to Burma it would be in breach of international human rights law, it would be in breach of the principle of non-refoulment” added Mr. Hall.
It has also been alleged that if 1.5 million workers or a large number of migrant workers were deported it could have a negative impact on the Thai economy; “Migrant workers make up 5-6% of the Thai workforce and contribute between 6-7% of Thailand’s GDP according to the ILO, so if you were to deport these people it would have a huge effect on the economy”.
Additionally pointing out that not only do migrant workers punch above their own weight but they take the most dangerous, demanding and least desirable jobs in the economy.
Thailand has been trying to regulate its labour market and the Thai Foreign ministry said that; “the Royal Thai Government is well aware that it needs to take into account both the enforcement of the immigration law and the respect for human rights.”
Further adding that; “Since 2008, Thailand has implemented the Employment of Foreign Workers Act B.E. 2551 (2008). Under this law, a migrant worker, after having applied for a work permit, will be entitled to basic rights such as access to adequate remuneration and health care.
"Also, generally, migrant workers who are lawfully registered to work in Thailand are entitled to the same rights as Thai workers in accordance with the Labour Protection Act B.E. 2551 (2008)".
Many migrant workers had complained about the difficulties in applying to the NVP which would have regularised them.
Amongst the complaints was cost, the language barrier (all the forms and process being in Thai without translations or translators) and the time was considered too short from announcement to deadline.
Human Rights Watch had previously been highly critical of the NVP, corroborating that it was expensive and difficult for migrants to complete.
Further more DVB earlier reported on the difficulties that Burmese migrants would have in proving their nationality; a prerequisite of applying to the NVP.
Meanwhile the State Enterprise Workers Relations Federation (SERC) stated in a press release today, that; “Thailand’s denial of work accident compensation from the Social Security Office’s (SSO) Workmen’s Compensation Fund (WCF) to migrants from Burma breaches its obligations as a signatory to ILO Convention 19”.
The Thai government had been claiming that as those seeking the benefits had entered Thailand illegally they were not eligible. But the ILO recently ruled that this should not exempt applicants, as according to Mr. Hall “workers are workers”.
“We believe that migrant workers are subject to systematic and pervasive discrimination in Thailand at all levels of the process” continued Andy Hall, echoing SERC’s claims.
Reporting by Joseph Allchin
Mar 3, 2010 (DVB)-The Human Rights and Development Foundation (HRDF) has condemned the imminent deportation of what they estimate could be as many as 1.5 million workers.
The deadline for migrant workers to apply for temporary passports under the nationality verification process (NVP) scheme passed yesterday and as such the Thai deputy minister for labour, Mr Supat Gukun has stated in the Thai press that they “will not be lenient” and that the authorities will attempt to deport them.
There are thought to be around 1.3 million registered migrant workers in Thailand. Of that total 700,000 applied for the(NVP) before the deadline.
There are however many more who are unregistered, who would not have been eligible for the national verification process in the first place.
If the 600,000 registered migrants who failed to complete the national verification process are added to those unregistered migrants, Mr. Andy Hall, Director of HRDF’s migrant justice program estimates there is a total of 1.5 million migrants who may be deported.
The Thai government gave them until the 2nd of March to register with the NVP or face deportation but several NGOs have questioned the morality and even legality of sending Burmese back to their homeland given the human rights situation in the country.
“If the Thai government were to deport these people back to Burma it would be in breach of international human rights law, it would be in breach of the principle of non-refoulment” added Mr. Hall.
It has also been alleged that if 1.5 million workers or a large number of migrant workers were deported it could have a negative impact on the Thai economy; “Migrant workers make up 5-6% of the Thai workforce and contribute between 6-7% of Thailand’s GDP according to the ILO, so if you were to deport these people it would have a huge effect on the economy”.
Additionally pointing out that not only do migrant workers punch above their own weight but they take the most dangerous, demanding and least desirable jobs in the economy.
Thailand has been trying to regulate its labour market and the Thai Foreign ministry said that; “the Royal Thai Government is well aware that it needs to take into account both the enforcement of the immigration law and the respect for human rights.”
Further adding that; “Since 2008, Thailand has implemented the Employment of Foreign Workers Act B.E. 2551 (2008). Under this law, a migrant worker, after having applied for a work permit, will be entitled to basic rights such as access to adequate remuneration and health care.
"Also, generally, migrant workers who are lawfully registered to work in Thailand are entitled to the same rights as Thai workers in accordance with the Labour Protection Act B.E. 2551 (2008)".
Many migrant workers had complained about the difficulties in applying to the NVP which would have regularised them.
Amongst the complaints was cost, the language barrier (all the forms and process being in Thai without translations or translators) and the time was considered too short from announcement to deadline.
Human Rights Watch had previously been highly critical of the NVP, corroborating that it was expensive and difficult for migrants to complete.
Further more DVB earlier reported on the difficulties that Burmese migrants would have in proving their nationality; a prerequisite of applying to the NVP.
Meanwhile the State Enterprise Workers Relations Federation (SERC) stated in a press release today, that; “Thailand’s denial of work accident compensation from the Social Security Office’s (SSO) Workmen’s Compensation Fund (WCF) to migrants from Burma breaches its obligations as a signatory to ILO Convention 19”.
The Thai government had been claiming that as those seeking the benefits had entered Thailand illegally they were not eligible. But the ILO recently ruled that this should not exempt applicants, as according to Mr. Hall “workers are workers”.
“We believe that migrant workers are subject to systematic and pervasive discrimination in Thailand at all levels of the process” continued Andy Hall, echoing SERC’s claims.
Reporting by Joseph Allchin
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Kachins plea to China over the Myitsone Dam
Mar 3, 2010 (DVB)-The Kachin Development Networking Group (KDNG) has called on the Chinese government and China Power Investment Corporation to stop the Myitsone Dam project at the confluence of the Irrawaddy in Kachin state. KDNG say the dam will pose hardships for locals and their livelihoods.
Since preparation of the Myitsone Dam construction, Kachin locals, who have lived alongside the river for generations, pointed out that the project could cause the flooding over of their farmlands. As a result they have been protesting against it with demonstrations, organising prayers as well as sending a letter to the SPDC chairman.
In October, Kachin villagers requested the SPDC's Northern [Regional] Military Commander, Brigadier General Soe Win to stop the dam construction plan, when he arrived in the region to collect locals' opinion on the project. However, their request was met with no response.
On December 21, there was an event celebrating the opening of the Myintsone dam project in Kachin state. As a result Kachin people living abroad wrote a letter to the CPI responsible for the dam project urging them not to go ahead with their plan.
The letter was sent to Chinese embassies in Bangkok, New Dehli, London, Wellington and Singapore. Only the embassy in Singapore accepted the letter and responded that it will be forwarded to the Chinese government authorities.
But since then, no reply whatsoever has been made to the letter and the dam project is continuing.
Kachin Development Networking Group's spokesperson Ahnan said; "There are policy guidelines by the Chinese government regarding making investments in China and overseas, such as allowing locals [in areas in concern with the projects]to participate in approval, decision making and providing insurance for their livelihoods."
"We want to urge the Chinese government and CPI to follow these guidelines and have a understanding for local people, and stop the Myitsone Dam project."
In the letter addressed to the CPI, overseas Kachins highlighted that the dam project was in violation of nine regulations included in the foreign investment policy of the Chinese government. For instance, for not carrying out procedures such as the release of study results on local environment and how the project could effect the local's social and health issues, not consulting with the locals on the project and ignoring opinion from locals who expressed their concerns.
Ahnan added the governments also failed to publicly announce a force relocation of about 15,000 people from 60 villages up and down river from the dam project. The dam construction site is about 100 Kilometer distance from the Sagain fault.
The Myintsone dam project is being run by the CPI, Asia World Co., Ltd, and the Burmese government. The dam is about 152 foot high and will cause flooding on 766 Square Mile of land.
The dam's hydro power station when finished construction is expected to generate 3600 megawatts electricity, most of it will be sold to China, stated a report by the KDNG.
Reporting by Aye Nai
Mar 3, 2010 (DVB)-The Kachin Development Networking Group (KDNG) has called on the Chinese government and China Power Investment Corporation to stop the Myitsone Dam project at the confluence of the Irrawaddy in Kachin state. KDNG say the dam will pose hardships for locals and their livelihoods.
Since preparation of the Myitsone Dam construction, Kachin locals, who have lived alongside the river for generations, pointed out that the project could cause the flooding over of their farmlands. As a result they have been protesting against it with demonstrations, organising prayers as well as sending a letter to the SPDC chairman.
In October, Kachin villagers requested the SPDC's Northern [Regional] Military Commander, Brigadier General Soe Win to stop the dam construction plan, when he arrived in the region to collect locals' opinion on the project. However, their request was met with no response.
On December 21, there was an event celebrating the opening of the Myintsone dam project in Kachin state. As a result Kachin people living abroad wrote a letter to the CPI responsible for the dam project urging them not to go ahead with their plan.
The letter was sent to Chinese embassies in Bangkok, New Dehli, London, Wellington and Singapore. Only the embassy in Singapore accepted the letter and responded that it will be forwarded to the Chinese government authorities.
But since then, no reply whatsoever has been made to the letter and the dam project is continuing.
Kachin Development Networking Group's spokesperson Ahnan said; "There are policy guidelines by the Chinese government regarding making investments in China and overseas, such as allowing locals [in areas in concern with the projects]to participate in approval, decision making and providing insurance for their livelihoods."
"We want to urge the Chinese government and CPI to follow these guidelines and have a understanding for local people, and stop the Myitsone Dam project."
In the letter addressed to the CPI, overseas Kachins highlighted that the dam project was in violation of nine regulations included in the foreign investment policy of the Chinese government. For instance, for not carrying out procedures such as the release of study results on local environment and how the project could effect the local's social and health issues, not consulting with the locals on the project and ignoring opinion from locals who expressed their concerns.
Ahnan added the governments also failed to publicly announce a force relocation of about 15,000 people from 60 villages up and down river from the dam project. The dam construction site is about 100 Kilometer distance from the Sagain fault.
The Myintsone dam project is being run by the CPI, Asia World Co., Ltd, and the Burmese government. The dam is about 152 foot high and will cause flooding on 766 Square Mile of land.
The dam's hydro power station when finished construction is expected to generate 3600 megawatts electricity, most of it will be sold to China, stated a report by the KDNG.
Reporting by Aye Nai
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