News & Articles on Burma-Friday, 24 February 2010-uzl

News & Articles on Burma Friday, 24 February 2010 ----------------------------------------------- Letter from Burma: Reunion, Union - 1 HRW: Army Abuse Unabated Despite Burma Reforms Burma: To Dream the Impossible Dream A Future with Prospects Suu Kyi campaigns with reconciliation message In Myanmar's Kachin hills, Suu Kyi stirs hopes of peace Naypyitaw, Tatmadaw: Dual tracks running in opposite directions ASEAN Secretary-General Assesses Burmas Reforms Beyond ceasefires: Burma's precarious peace process Myanmar: Demand Open Trial, Retrial And Dropping Of Contempt 22 MYANMAR ILLEGAL IMMIGRANTS CAUGHT PACKED IN A VAN Lim Hng Kiang to attend 18th Asean Economic Minsters' Retreat in Myanmar China Urges Burma to Secure Border, Infrastructure Projects ----------------------------------------------- MAINICHI DAILY: February 25, 2012 Perspectives Letter from Burma: Reunion, Union - 1 Aung San Suu Kyi leaves NLD headquarters in Yangon, Myanmar, on Oct. 27, 2011. (Mainichi)I have always thought of February as the very best month of the year. My father, my maternal grandfather, Abraham Lincoln, George Washington, men I loved and admired most were all born in February, so since childhood I have looked upon it as the month of goodness and heroism. An added glory of February is that the 12th (Lincoln's birthday) is Union Day, which marks the anniversary of the signing of an agreement between several ethnic nationalities of Burma to cooperate in efforts for the freedom of the country. This was an unprecedented political step and although the Panglong Agreement (so called after the name of the Shan town where it was signed in 1947) was not a perfect formula for unity, it represented the essence of the spirit of Union. February this year has not to date failed my expectations. The NLD campaigns for the by-elections started at the end of January in the most auspicious way in Dawei in the southeast tail of Burma. It was my first visit there in twenty-three years and it was a joy and an inspiration to find that the support of our people of the Tenessarim had not diminished in strength of numbers or firmness of spirit. By the first week of February our party campaigns had gathered considerable momentum in spite of a few hitches. A proposed visit to Mandalay had to be postponed because of difficulties with regard to a suitable venue for a public rally. However, a trip to Pathein, capital of the Irrawaddy Division, and Myaungmya, my mother's home town, took place as planned. We started out early in the morning from Rangoon, but progress was very slow as in all the villages along the way our supporters would come out to greet us, waving small NLD flags and proffering flowers and diverse gifts, including traditional painted parasols that came in very handy later that day. By the time we reached Pathein we were way behind schedule and the sun had already become uncomfortably hot. The divisional government had decreed that school attendance would be compulsory on that day, no civil servants would be allowed to take leave and that students of Pathien College would have to take "mini" examinations that would be linked to their eligibility to take the annual final examinations. These measures were obviously calculated to keep school children, college students and civil servants from coming out to demonstrate their support for the NLD. Nevertheless, there was a strong showing of young people among the crowds that greeted our party and a cavalcade of motorbikes accompanied us along the streets as we made our way to the football grounds where I gave a public address. Many of the motorbikes accompanied us all the way to Myaungmya along a route that was largely a dirt track. We passed by many small hamlets sunk in abject poverty. The bright smiles and enthusiastic calls with which the inhabitants greeted us in spite of the heat and the dust and their destitution was heart rending. It brought home to us the enormity of our duty to try our utmost to help our people achieve a decent standard of living within a safe and secure environment. As might have been expected, the people of Myaungmya welcomed me as a long absent member of the family. A high percentage of the population of the township was Karen, and they were present in large numbers at our rally, especially as our candidate for the elections was a much respected Karen teacher. Their colourful costumes added a touch of gaiety, and the enthusiasm and spirits of the gathering remained high despite the noonday sun that beat down mercilessly on us. A very common Burmese expression is "ye-set," which means "drops of water." When we say to one another "this is ye-set" or "this is the meeting of ye-set," we mean that we have been brought together by a good karmic bonds between us. Traditionally, after we have performed an act of charity we pour some water from a jug into a bowl, drop by drop, and later pour the water into the earth that it may stand witness to our good deed. Those who are present to share the merit of this deed will be brought together again in the course of samsara by the bonds of "ye-set." The second week of February was a time of "ye-set" for our Karen peoples and me. The seventh day of the month had found me among the Karens of my mother's hometown. On the tenth I was able to welcome to my home the Karen National Union/ Karen National Liberation Army delegation that had come for peace talks with the government. When I received a letter from the KNU/KNLA Supreme Headquarters asking if they could meet me in Rangoon after their peace talks at Naypyidaw, it seemed unbelievable. Were we at long last to be given the opportunity to meet those whom we had long thought of as friends and comrades in our quest for a Union of peace and prosperity throughout long years, years during which we had been distanced from them by geography and by political conditions? Within a short time of the arrival of the fourteen strong delegation it became clear that our hearts and minds had not been distanced by the circumstances that had created undesirable barriers between the peoples of our country. (By Aung San Suu Kyi) (Mainichi Japan) February 24, 2012 http://mdn.mainichi.jp/perspectives/news/20120224p2a00m0na001000c.html ---------------------------------------- HRW: Army Abuse Unabated Despite Burma Reforms By MATTHEW PENNINGTON / AP WRITER Friday, February 24, 2012 WASHINGTON Human Rights Watch says that despite Burma's headlong rush toward reform and cease-fires reached with ethnic insurgents, abuses by the military have not abated. The group's senior researcher on Burma, David Mathieson, said on Thursday the country has seen its most rapid changes in decades and the government has tasked ministers to reach out to groups embroiled in long-running ethnic conflicts. Mathieson said that on a recent visit to the main city of Rangoon, the first he was able to make in 10 years, he heard unprecedented open discussion about rights violations, including in Kachin State where fighting since last June has displaced 70,000 people. But he said the army of Burma is acting no better than it has in the past six decades, with reports of sexual violence, use of forced labor and firing on civilians. The military is the wild card, Mathieson told the Wilson Center think tank in Washington. No one knows what's happening within the military. The only thing we can discern is that they are as abusive as ever. He said government forces had shown no restraint in their conduct of counterinsurgency operations in ethnic minority regions in the east of the countryconflicts far-removed from life in central regions where the Burman ethnic majority live. With all the changes happening in central Burma, it's quite alarming that the military has shown absolutely no compunction to change its behavior, Mathieson said. Mathieson is based in neighboring Thailand where about 140,000 ethnic minority refugees from eastern Burma live in camps. He said based on his interviews with victims of abuse and with former soldiers, there appears to be a culture of recreational sadism in the Burma army, with troops looking down on minorities. Mathieson also noted less-documented rights abuses by some ethnic armed groups against their own people, including use of child soldiersrampant too in the national armyand executions of Burma prisoners of war, which constitutes a war crime. In some cases, they are just as deeply corrupt as the Burmese military units they are fighting against, he said. Fighting in the country's border regions has been an enduring adjunct to Burmas half-century of military domination. While most international attention has been focused on the democracy struggle of opposition leader Aung San Suu Kyi, addressing the grievances of its many ethnic minorities could be the toughest challenge as the nation opens up. A civilian government dominated by former generals took over from a military junta last year, and has eased restrictions on media, freedom of assembly and labor unions. Free and fair conduct of by-elections to be contested by Suu Kyi's party next month could persuade Western governments to ease tough sanctions. Mathieson described Burmas release of prominent political prisoners as remarkable but cautioned that several hundred remain and urged the government to allow the International Committee of the Red Cross access to the nation's prisons. http://www.irrawaddy.org/article.php?art_id=23091 --------------------------------------------- Burma: To Dream the Impossible Dream A Future with Prospects by David Calleja February 24, 2012 Sixteen year old Naw S has lived in the Nupo Refugee Camp, along the Thai-Burma border, with her family for the past six years. They fled their native home in Karen State, Burma, following the regions conflict between the Burmese Army and Karen forces, a war lasting more than six decades. Their dream was to find peace and stability. As part of this transition, Naw S attended primary school in a small town near Chiang Mai. But settling into her new environment alienated Naw S from other students because she had to carry her birth certificate at all times. Convinced that the only opportunity to fit in with a community and receive more support would be through residing in a temporary refugee camp, Naw Ss parents made the long trek to Nupo. It has since become a permanent home. The Thai Burma Border Consortium (TBBC) estimates that Nupo is home to more than 16,000 people, of which nearly 9,000 individuals are documented as refugees with the UNHCR.[1] Thanks to such assistance, Naw S is a senior student at PAB School. She has excelled in her final years of school, earning top marks in English, Mathematics, Social Studies, Burmese, Physics, and Chemistry. But as a stateless individual, not a citizen of Thailand and not in possession of a Burmese ID card, it is uncertain whether her educational opportunities will be permanently interrupted or whether she may continue her studies abroad, should she be fortunate enough to progress further. But this has not stopped Naw S from mapping out a career path. I want to become an educated person. My dream is to study international law at a famous university abroad. Not because I want to be rich, but because I want to serve my community, including refugees, she says modestly. With reports in the media referring to a possible change in Burmas political landscape under President Thein Sein, the future for Burmese refugees in camps like Nupo remains unclear. Thailand is not currently a signatory to the 1951 United Nations Refugees Convention or the 1954 Convention Relating to the Status of Statelessness Persons, but the UNHCR has noted that amendments to the Civil Registration Act 2008 will help prevent statelessness in granting universal birth registration, allowing for the issuance of birth certificates to all children born in the country, regardless of the status of their parents. Most of the refugees are from Karen State, who, like, Naw S and her parents, are lured by the prospect of not waking up to the sounds of mortar shells and landmine explosions. Refugees who have survived similar encounters in the camp vouch for the difficulties faced by Naw S. Zoya Phan, the Burma Campaign UK Campaign Manager, has first-hand experience of living in the camp. In her bid to escape, she spent countless occasions moving between makeshift refugee camps, making the most of limited schooling before studying in Bangkok as an illegal entrant before seeking asylum in the United Kingdom and attending university. I know exactly how refugees in Nupo camps feel, as I have lived there for a year after my village in Karen State was under attack by the Burmese Army, Ms. Phan says. In 2011, the TBBC identified 49 villages across four townships had been burned, destroyed or abandoned by residents following Burmese Army attacks between August 2010 and July 2011 in a report entitled Displacement and Poverty in South East Burma. Schools are often a target in the Burmese Armys drive to prevent young people learning, so donations from volunteers in setting up a school in Nupo are critical. The 360 students attending PAB School, predominately from Karen State, are a mixture of Burmas multi-ethnic and multi-faith backgrounds. They make the most of the limited materials available. The school is staffed by 18 volunteer teachers. One teacher, 25 year old Ko, is one of eight teachers aged 31 years or under. Before instructing students on methods of probing the laws of science, he tested the boundaries of political dissent. As a student leader in 2006, he was accused of spreading anti-government messages across his university campus in the southern Burmese city of Myeiko. Twelve months later, he joined monks marching through Rangoon in the Saffron Revolution and was detained and beaten by police. Although he is now in relative safety, registered with the United Nations as a refugee, this has not quelled his fears about being sent back over the border. Every day we wonder if the Burmese Army is going to attack the camp or that the Thai government will send us all back over the border, Ko claims, a situation he identifies as being exasperated by what he calls an anti-Burma policy within Thailand. It is time for refugees to stop being used as political ping pong balls by (officials in) Bangkok. In 2011, Tak Province Governor Samart Loifah was quoted in The Irrawaddy as saying that Burmese refugees in the town of Mae Sot should leave Thailand voluntarily, and indicated his willingness to work with the European Union (EU) and UNHCR to achieve this outcome by a reduction in international funding for refugee camps.[2] Since the agreement by delegations representing Burmese government officials and Karen National Union (KNU) in January 2012 to cease hostilities, Ko commented that President Thein Seins early reforms were good news for the next Karen generation. However, he remains skeptical as to whether the peace will last. He feels that it will take more written promises and photo opportunities to convince displaced populations that Burma is on the edge of a new political era. His comments are echoed by Zoya Phan, who believes that despite the initial talks, the military-backed government in Burma is unwilling to enter into serious dialogue to solve problems and end conflicts. People want to go home, but without political solutions and proper arrangements, it will be too premature to force refugees to cross back to Burma, Ms. Phan adds. Once again, there is no clear answer with regards to what may happen next. For the refugees in temporary camps hoping to stay in Thailand, life goes on as normal, even though the past has taught them that sincere words of peace and reconciliation mean little without immediate action. Individuals like Ko, whose father and brother died in Burma in the struggle to gain more civil and political freedom, face uncertainty, as do the population of Nupo. But this attitude is in stark contrast to Naw Ss belief in the power of positive thinking. She is unfazed by any potential stumbling blocks. A crisis is a challenge and I will overcome any crisis, Naw S says. I have to go about my life humbly and not worry too much about mysteries I cannot explain. I have to improve myself in order to improve my world. Authors note the names of the two individuals in the camp have been changed to protect their respective identities. Notes [1] United Nations High Commissioner for Refugees Figures for August 2011, Thai Burma Border Consortium, http://www.tbbc.org/camps/2011-08-aug-map-tbbc-unhcr.pdf [2] Naing, S.Y., 2011, Time For Refugees To Go Home?, The Irrawaddy, April 7, http://www.irrawaddy.org/article.php?art_id=21094 Accessed 31 January 2012) http://www.foreignpolicyjournal.com/2012/02/24/burma-to-dream-the-impossible-dream-a-future-with-prospects/ ----------------------------------------------- Suu Kyi campaigns with reconciliation message The Associated Press Date: Friday Feb. 24, 2012 6:25 AM ET MYITKYINA, Myanmar Opposition leader Aung San Suu Kyi has campaigned in restive Kachin state in northern Burma with a message of reconciliation. Suu Kyi said in a speech Friday in the state capital Myitkyina that the country would not develop unless it had peace. Sporadic but sometimes fierce fighting has been waged in the state between government troops and ethnic Kachin rebels, who have long sought more autonomy and faced increased repression in the past year. Suu Kyi told a cheering crowd of thousands that peace could be reached only through mutual understanding and not by fighting. She was campaigning for her National League for Democracy party, which is contesting all 48 seats at stake in an April 1 byelection. http://www.ctv.ca/CTVNews/World/20120224/burm-aung-san-suu-kyi-120224/ ----------------------------------------------- In Myanmar's Kachin hills, Suu Kyi stirs hopes of peace Reuters staff reporter Reuters 1:27 a.m. CST, February 24, 2012 MYITKYINA, Myanmar (Reuters) - Developing Myanmar will be impossible without peace in restive areas of the country, opposition leader Aung San Suu Kyi said on Friday in a region where fighting has raged since June between the army and ethnic Kachin rebels. Suu Kyi, the 66-year-old Nobel Peace laureate, is seen as pivotal to Myanmar's nascent transition to democracy after five decades of military rule, and some believe she is the only figure who can unify one of Asia's most ethnically diverse countries and resolve the conflict in Kachin state. "Development is impossible without peace," she told cheering supporters in the state capital, Myitkyina, where she is seeking to build support for her National League for Democracy (NLD) party ahead of April 1 parliamentary by-elections. The symbolism of the Nobel Peace laureate's visit to Kachin state goes well beyond the election. The conflict in the Kachin hills near the Chinese border represents one of the last hurdles between Myanmar and a largely sanctions-free relationship with the West. "The ethnic minorities believe that she is probably the best person available to be part of the reconciliation process," said a Western diplomat. "She's got the respect of the ethnic minorities." The government, under President Thein Sein, has released hundreds of political prisoners, re-engaged with Suu Kyi after she was kept under house arrest for much of the past two decades, and appears to want free and fair by-elections a year after a nominally civilian parliament took office. This week, the government reacted with uncharacteristic speed to a complaint from the NLD about campaigning regulations, which they swiftly changed. The United States and European Union, which maintain economic sanctions on Myanmar in response to human rights violations, are openly discussing lifting the measures if progress toward democracy and human rights continues. "Everything else is going to plan except the situation in Kachin state," said a Myanmar-based aid consultant who declined to be identified. HOLDING OUT In Kachin state, many see Suu Kyi as their last hope. At a Buddhist monastery sheltering villagers who fled the fighting, Than Nu, has a message for the long-detained opposition leader affectionately known as "Auntie Suu." "We want to tell Auntie Suu that we want her to bring a peace agreement as quickly as she can," Than Nu, 46, said. At a rally on Thursday in the town of Mogaung, about 40 miles outside Myitkyina, Suu Kyi excited the crowd with a plea for peace and unity in the country also known as Burma. "The lack of peace in Kachin state is a sad condition not only for Kachin but also for the whole country," she told supporters packed on to a dusty soccer pitch. The Kachin rebels, many of whom are Christian, are the last of Myanmar's many ethnic minority factions battling the army. Eight months of fighting have forced as many as 60,000 people into nearly 80 camps, like the one where Than Nu and her family were living, according to aid group estimates. The new civilian government has reached ceasefires with other armed groups including Karen rebels based near the border with Thailand, and the Shan in the northeast. But the Kachin are holding out for more than a ceasefire. They say they gained little in the way of autonomy from a 1994 ceasefire deal that collapsed in June. Several rounds of peace talks with the new government have been inconclusive. http://www.chicagotribune.com/news/sns-rt-us-myanmar-kachin-suukyitre81n0co-20120223,0,1116478.story ----------------------------------------------- Naypyitaw, Tatmadaw: Dual tracks running in opposite directions Friday, 24 February 2012 12:46 S.H.A.N. Since the ceasefire agreement was signed on 2 December 2012, between the Shan State Army and Naypyitaw, the Burma Army appears to have been more active especially in Eastern Shan State, where its Triangle Region Command with its headquarters in Kengtung, is stationed. On the Thai-Burmese border, it is taking advantage of the ceasefire to overhaul its strategic roads and garrisons. Its units are also scouring the countryside to push the SSA forces to their border bases. Its explanation is that as Homong and Monghta sub-townships, opposite Thailand's Maehongson and Chiangmai provinces, have been reserved for the SSA (although Burma Army units, at least 7 battalions, and the United Wa State Army's two brigades have yet to show any signs to withdraw), the SSA doesn't have any business remaining outside the roughly 500 square mile territory. As to be expected, the SSA has refused to budge, saying that wasn't what was agreed at the meetings, both pre-and formal. According to the 16 January agreement, Homong and Monghta have been designated as main offices for the SSA and the agreement does not include anything about its forces outside the territory. It also claims that U Aung Min, Naypyitaw's chief envoy, had agreed that Burma Army units would be responsible for security on the main roads and towns, and SSA the rest, at least for the time being. And that any difference between the two should be resolved through negotiations and not by force. The result was inevitable: the pushers and those refuse to be pushed have no other options but to fight it out. At least 11 clashes have taken place between the two, with 7 of them in Eastern Shan State: 3 in Mongiang and 4 in Tachilek. And the clashes in Tachilek, as each day passes, are growing into a long drawn out battle. The two in northern Shan State are also noteworthy. It began with an invitation to Lt Ta Long of the SSA to dinner by the Hsipaw-based Infantry Battalion 23 at its foothill camp near the village of Haikwi on 17 February. Unsuspectingly, he had gone there with his wife and their 3 year old son in a motorbike. On his way back, the ambushers from IB 23 had allowed the security guard to pass through and fired at him. And while his wife was holding him in her arms and weeping, she was shot to death. As for his son, his whereabouts is unknown, though Kawli Media says he is believed to be at the Lashio regional HQ. The result was predictable: at least two clashes have taken place between the two sides since the incident, one on 17 February, following the ambush, and the other two days later. The obvious question therefore is: Are the government and the army playing good guy and bad guy against the armed resistance movements? Or, is the army bent on discrediting the government whenever and wherever the opportunity is given? Lt-Gen Yawdserk, the SSA leader, who keeps in touch with Naypyitaw, seems to believe in "we and the government vs. the Burma Army and its militias," as he told SHAN. Looking at what's happening in Kachin and Shan states, one thing appears to be certain: the Tatmadaw is caught in a psychological trap of its own making. The late Barbara Tuchman has something to say about this in her The March of Folly (1984): Character is fate, as the Greeks believed. Germans were schooled in winning objectives by force, unschooled in adjustment. They could not bring themselves to forgo aggrandizement even at the risk of defeat. She might have been speaking the same about the Burmese military. So where does that leave us, especially the long-suffering people of Burma, who richly deserve peace and rule of law? http://www.english.panglong.org/index.php?option=com_content&view=article&id=4442:naypyitaw-tatmadaw-dual-tracks-running-in-opposite-directions&catid=86:war&Itemid=284 --------------------------------------------- ASEAN Secretary-General Assesses Burmas Reforms Daniel Schearf | Bangkok ASEAN Secretary-General Surin Pitsuwan speaks to reporters at a briefing held at the Foreign Correspondents' Club of Myanmar in Rangoon, February 23, 2012. The secretary-general of the Association of Southeast Asian nations, Surin Pitsuwan, says Burma appears committed to reforms but needs to prove it to meet international expectations. He gave an assessment Friday of Burmas political progress following a visit there this week. Surin said he thinks Burmas leaders are committed to further economic and political reforms as long as they can control the process. "Just like any government that has been centralized and authoritarian would like to open up, if you dont want to confront instability and tension and confrontation right away you have to be rather measured about it. And, I think they are determined to do that," he said. Surin made the comments at the Foreign Correspondents Club of Thailand during a stopover in Bangkok on day three of a four-day visit to Burma. Political progress During his visit he met with President Thein Sein and other government leaders who he says recognize the challenges and opportunities of reforming the country. The ASEAN leader also met for the first time with opposition leader Aung San Suu Kyi and her National League for Democracy. He says the partys participation in free and fair elections in April would be an extremely crucial test for international confidence in the reform process. "Precisely for that reason the international community is waiting for signals from inside whether this is going to be sustained, whether this is going to lead to more opening, or whether this is just a mirage," he said. Burma is considering allowing ASEAN election observers as they did for the 2010 election that ended overt military rule. But, even if allowed, Surin acknowledged ASEAN was not the best organization for sharing or monitoring democracy in Burma. "To be fair, to be frank, to be truthful, the credit is not that A-plus. But, it is a beginning. It is a commitment," he said. "It is a recognition that without some indicators coming from outside, measured from outside, its going to be difficult to convince the world that it has made some changes." Hosting ASEAN meetings ASEANs ten members include developing democracies but also an absolute monarchy, Brunei, and two communist one-party states-Laos and Vietnam. Aside from Burma, the other members are Cambodia, Indonesia, Malaysia, the Philippines, Singapore, and Thailand. Surin said Burmas hosting of ASEAN meetings in 2014 would help ensure it does not turn back on reform efforts. But he also noted serious preparations were needed in the country, as known as Myanmar, including improving roads, telecommunications and Internet, sufficient hotel space, and a stable banking and financial system. "If Myanmar is going to carry out its chairmanship fully, responsibly, effectively, successfully, many many things have to happen within the next two years," he said. For one thing, Surin said Burmas largely cash-only finance system would have to go. He said such as system is not adequate to support hosting a year of high-profile economic and political meetings that are the responsibility of the ASEAN chair. http://www.voanews.com/english/news/asia/ASEAN-Secretary-General-Assesses-Burmas-Reforms-140283503.html ------------------------------------------------------------ Beyond ceasefires: Burma's precarious peace process Kyaw San Wai RSIS , Singapore February 24, 2012 1:00 am February 12 marked Burma's Union Day, which commemorates the signing of the Pinlon Agreement in 1947. The agreement created the Union of Burma, in which the majority Burmans and a myriad of ethnic minorities opted to achieve independence from the British as a single state. How this arrangement fared is well known, as Burma still copes with ethnic rebellions and grievances. President Thein Sein's government has embarked on an ambitious initiative to secure peace with ethnic rebels who hug Burma's borders. The chief government negotiator recently stated that Burma would achieve complete peace by mid 2012. Nine out of 16 rebel groups have signed provisional agreements, with six set to follow soon. The current round of ceasefires, despite claims to the contrary, do contain certain differences with past rounds - notably that ceasefires are now treated as part of a process towards inclusive political dialogue, rather than solutions to a security problem. Economics undeniably plays a role in the push for such agreements as Burma seeks to realise its potential. Resource-rich ethnic minority regions are crucial for Burma to link up with neighbouring countries via large infrastructure projects. The negotiations also help meet a key stipulation by the West on removing crippling sanctions. In addition, as Thailand and China move to expand links with Burma, the presence of rebel pockets within their territories will be less tolerated, in order to appease the Burmese government, thus sapping rebel support bases and abilities. The sincerity of the government's push for dialogue remains doubted by sceptical dissidents. On one hand, the Burmese government has made good use of the public relations value of the peace drives to reinforce its claims of reforms. On the other side of the arena, ethnic misgivings, ongoing conflicts with the Kachins, alleged past government insincerities, and the fragility of agreements are highlighted to claim that the current process will not solve the ethnic issues. A "trust deficit" exists between the government and ethnic minority groups, who remain sceptical, as they do not perceive a fundamental change in the power structure. Dissidents and rebels have long accused the Tatmadaw (the military) of neglecting the Pinlon Agreement, of its pathological dislike for federalism and for ignoring ethnic grievances. However, the fact is that most of the majority Burmans are unaware of, and often unable to fathom, the sentiments behind ethnic grievances. For the minorities, vivid recollections of unequal and often violent treatment serve as stark reminders to be wary of both the military and the Burmans. These grievances can easily be exploited to turn into hatred. Beyond the military there exist grievances about "Burmanisation", the promotion of the Burmese language, the state's strong association with Buddhism (for non-Buddhists), and historical events, some dating back centuries. Even ethnic Buddhist monks have misgivings about "being dictated" to by Burman monks. On their part, the Burmans, who form 70 per cent of the population, view themselves as either first amongst equals or elder brothers. The minorities, however, desire complete equality: they wish to be part of the "Burmese state" but not of the "Burmese nation". To the Burmans both notions are almost interchangeable. Enthusiasm surrounding Burma's recent political reforms remains mainly confined to the Burmans, as some minorities view it as beguilement by a fresh set of Burman faces. The negotiations are bound to stoke differences between hawks and doves in both the government and rebels. Tatmadaw hardliners will dislike the perceived erosion of central authority, and see concessions as signs of weakness. While some ethnic groups may try to work towards better economic and political prospects through collaboration, stronger rebel factions may be recalcitrant. Thus, both sides have great internal impediments in pursuing peace. Many ethnic minorities would welcome Aung San Suu Kyi as a better candidate to negotiate with for a more inclusive arrangement. However, fringe voices have claimed that she is also Burman and, in their opinion, would still spell Burman dominance, albeit via a democratic tyranny of the majority. Grievances are louder in exiled ethnic circles, where secession still appears an option to some. The previous junta frequently cited the numerous ceasefires it secured with ethnic groups as one of its achievements. The agreements usually allowed rebels to remain armed and create business niches in exchange for cessations of hostilities, temporarily placating rebel leaders into not raising issues on political dialogue. The junta's approach was that only when no armed groups challenged the military throughout Burma, would a political dialogue be embarked upon. However, it adopted a glacial approach to solving the political aspects, frustrating the minorities. The Burmese government needs to make sure that the current agreements progress beyond ceasefires. The government has to note that seeking to drown ethnic grievances with either economic incentives or military action would at best only treat the symptoms and not the causes of Burma's ethnic issues. The rebels would have to learn to adapt to a possible new political agreement if the ceasefires hold, entailing the demobilisation of generations of troops who have never seen peace. Both sides would also have to demilitarise their territories and their mentalities to work together. A federal structure may be the best inclusive and peaceful option for Burma's myriad ethnic groups to pursue. Certain aspects of the current constitution would have to be amended and more power devolved to the regional parliaments. Ethnic representatives, be it under the ruling Union Solidarity and Development Party, or opposition parties, could be given greater roles and duties in both regional and union-level affairs. The Tatmadaw's ingrained phobia of federalism would also have to be dealt with, along with hardliners' dissatisfactions with the Tatmadaw playing a perceived smaller role in politics. Democracy would be the best system under which mutually agreeable arrangements could be negotiated and ethnic rights respected. However, democracy alone would not automatically resolve the issues. Both sides would have to take leaps of faith, and the government would have to create irreversible and institutionalised guarantees of ethnic rights. Burma's nascent peace process faces many obstacles. And the ball is now in everybody's court. Kyaw San Wai, a Burmese national, is a research analyst with the External Programmes at the S Rajaratnam School of International Studies, Nanyang Technological University, Singapore. His research interests include ethnic politics and civil society in Burmese politics. RSIS Commentaries. http://www.nationmultimedia.com/opinion/Beyond-ceasefires-Burmas-precarious-peace-process-30176566.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+Nationmultimediacom-Opinion+%28NationMultimedia.com+-+Opinion%29 ----------------------------------------- Myanmar: Demand Open Trial, Retrial And Dropping Of Contempt Friday, 24 February 2012, 3:25 pm Press Release: Asian Human Rights Commission AHRC-OLT-003-2012 An Open Letter from the Asian Human Rights Commission to the Chief Justice of Myanmar/Burma U Tun Tun Oo Chief Justice Office of the Supreme Court Office No. 24 Naypyitaw MYANMAR Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145 Fax: + 95 67 404 059 Dear Chief Justice, Myanmar: Demand Open Trial, Retrial And Dropping Of Contempt Proceedings In Case Of Phyo Wai Aung The Asian Human Rights Commission is writing to you concerning the case of Phyo Wai Aung, the young man whom the Myanmar Police Force have falsely accused of conducting a bombing at the traditional New Year festival during 2010. The AHRC has been closely following this case since the beginning, and has documented multitudinous miscarriages of justice throughout the investigation and trial proceedings. The latest of these miscarriages occurred on Monday, 20 February 2012 when the judge in the closed court in the central prison where the trial has been going on ordered that contempt of court proceedings begin against the defendant and his two lawyers and curtailed the defendant's testimony. According to the information that we have received, the lawyers, U Kyaw Hoe and Daw Thinza Hlaing had been examining their client concerning the taking of advance testimony from a witness before the actual trial had begun. When the defendant cast doubt on the manner in which the judge responsible for taking this advance testimony had conducted the inquiry and the defence lawyer asked if it appeared that evidence had been deliberately withheld--since the purpose of the advance testimony was evidently to deny the defendant a witness who could provide him with an alibi--the prosecution claimed that the defence had intentionally insulted the judicial and legal officers involved in the case and asked for legal action to be taken against the two defence lawyers and the defendant. The defendant's lawyers objected that no legal ground existed for action against them as they were just rebutting the evidence brought against their client, but Judge U Aung Thein ordered that charges be laid against the lawyers and their client either under section 228 of the Penal Code, for intentionally causing an insult to a judicial officer or under the Contempt of Courts Act section 3, 1926. The order to charge the defendant and lawyers not only demonstrates the utter lack of credibility of the trial process in this case but also raises serious questions about the rights of any defendant in a Myanmar court to issue a defence on the facts of the case. Phyo Wai Aung and his lawyers were doing no more than submit a defence testimony in response to the facts alleged by the prosecution. They did not raise questions concerning the evidence submitted by the judge in order to cause insult or do anything else in contempt of the judiciary, but merely as part of the defence of the accused, as is his legal right. If doing no more than attempting to rebut prosecution evidence submitted to court through a judicial officer constitutes an act of contempt, then woe to all accused in Myanmar, since in any case where anyone attempts to cast doubt on the evidence presented by a judicial officer in order to rebut the prosecution case, he or she could be charged with committing a criminal offence. The logic of this order to prosecute for contempt of court is nothing other than that a judicial officer's evidence cannot be subject to cross examination. As this logic is clearly nonsensical, a decision needs to be made from higher up in the judiciary to suspend these meaningless criminal actions against the two lawyers and their client without delay. The question of the criminal charges being brought against the lawyers and Phyo Wai Aung is of course by no means the only one pertaining to this case with which we are concerned. On the contrary, it is just the latest in a long line of persistent gross injustices and abuses of fundamental human rights that have been on display from the moment of the defendant's arrest in April 2010. The most glaring among those features is the holding of the trial behind closed and locked doors in the Insein central prison, where the defendant has been held since his arrest. After on some occasions even the family of the defendant was not allowed inside to hear the trial, the presiding judge recorded in his diary that whoever was allowed into the court or not was not his concern and was a matter for the prison officials. A lawyer took this matter of access to the court all the way to the Supreme Court. In January 2011, Judge Myint Thein of the Supreme Court ruled that he saw no cause to interfere in the proceedings, noting that the order for the trial to be heard in a closed courtroom was justified because the case was "not an ordinary criminal case but a well-known case". In other words, for the very reason that the case would attract onlookers, it apparently has to be held behind closed doors. This preposterous reasoning, like the reasoning that a defendant who does no more than legally defend himself may be subject to a charge of contempt, which goes completely against the claims of the government of Myanmar to be implementing principles of justice in the holding of criminal trials, including open court. Therefore, we take this opportunity to call for a review of the case against Phyo Wai Aung and for it to be transferred to an open court without delay, where members of the public, his family and legal advocates may assemble without interference and peaceably hear the proceedings against him. The case against Phyo Wai Aung is fatally flawed for other reasons too. Just to mention one or two, the current judge hearing the case is the fourth judge since the case began. Both the Criminal Procedure Code and the Courts Manual make clear that where new judges take up cases, the defence has a right to request that the trial be reheard. Although Phyo Wai Aung's defence lawyers have repeatedly submitted requests at all levels for the trial to be reheard, this has not happened. From the point of view of the AHRC, in a complicated and important case of this sort, it would be inconvenient although perhaps unavoidable that the presiding judge might be changed once in the course of trial, but that four judges in a row hear proceedings makes the prospect of justice remote indeed. Other persistent flaws in the case include the refusal of the court to allow the defence to cross-examine prosecution witnesses fully; the resistance of the prosecution to give evidence to the defence to which the latter is entitled; the failure to call prosecution witnesses to the court, instead receiving from them "advance" testimonies made in another court, and thereby denying the defence the right to cross-examine them, and a wide variety of procedural defects. These failures are procedural. The lack of any solid evidence against the accused, the failure of the court to admit evidence in his defence, the use of torture to extract confession, and many other elements in the case all contribute to our finding that the case ought never have gone to court. For these reasons, we call for a retrial, or for the case to be dismissed on the grounds that it is fatally flawed and evidence-less. To reiterate, we are calling on the Supreme Court to: (1) Stop the pressing of contempt charges against Phyo Wai Aung and his lawyers, U Kyaw Hoe and Daw Thinza Hlaing. (2) Transfer the case against Phyo Wai Aung to an open district court. (3) Order a retrial of the case, or if possible, take steps to have the case dismissed as groundless, fruitless, illegal and unjust. Finally, we also take this opportunity to renew a call of the Asian Human Rights Commission's sister organisation, the Asian Legal Resource Centre, dated 22 December 2011 (ALRC-OLT-009-2011) for the licences of 32 lawyers that the Supreme Court revoked for political reasons to be restored at the earliest possible opportunity. We note that a number of these lawyers were, like the lawyers in the current case, charged with contempt or under section 228, and sentenced to periods of imprisonment or fined, after which they lost their licences. We observe that not only these lawyers but also others handling other types of cases have also been imprisoned and lost their licences in cases of contempt. We construe that a pattern of behaviour exists in Myanmar courts whereby judges use the threat of contempt or section 228 proceedings to intimidate lawyers and thereby prevent them from performing their legitimate tasks of defending their clients, as in the case of Phyo Wai Aung. We note that at present the new legislature in Myanmar is undertaking to review many old laws, and accordingly we call for a thorough review of the law on contempt so that it not be systematically abused, as at present, so as to prevent lawyers from undertaking their legitimate tasks, and thereby to deny defendants their legal rights. Yours sincerely, Wong Kai Shing Executive Director Asian Legal Resource Centre, Hong Kong Copies to: The President, Naypyitaw Director General, Office of the Attorney General, Naypyitaw Chairperson, Legislative and Judicial Affairs Committee, Pyithu Hluttaw, Naypyitaw Chairperson, Myanmar National Human Rights Commission, Yangon United Nations Special Rapporteur on human rights in Myanmar, Geneva United Nations Special Rapporteur on the independence of judges & lawyers, Geneva Office of the High Commissioner for Human Rights, Regional Office, Bangkok # # # About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984. http://www.scoop.co.nz/stories/WO1202/S00627/myanmar-demand-open-trial-retrial-and-dropping-of-contempt.htm ------------------------------------------ 22 MYANMAR ILLEGAL IMMIGRANTS CAUGHT PACKED IN A VAN Bernama Media Bernama - JITRA, Feb 24 (Bernama) -- Twenty-two Myanmar illegal immigrants were detained by the dog patrol unit (K9) of the Kubang Pasu District Police Headquarters at Km 24 of the North-South Highway heading south at noon today. The illegal immigrants comprised 15 adults and seven children in a tourist van believed to be from Changlun heading to Kulim. Kubang Pasu police chief Supt Ibrahim Mohamed Yusuf said in the 1.10 pm check, the van was found heavily packed with passengers without valid travel documents. "Apparently the modus operandi by the group involved was to carry out their operation during lunch hour on Friday with the belief that checks would not be so stringent as Muslim officers were away for Friday prayers," he told reporters here. He said this was the biggest illegal immigrant case for the K9 unit so far as the unit used to nab four or five illegal immigrants at one time in the past. "We will investigate the case under Section 26A of the Anti-Human Trafficking Act and the Anti-Smuggling of Migrants Act and the case has been referred to the Immigration Department for further action," he said. -- BERNAMA ASMA KAY CHW AO http://my.news.yahoo.com/22-myanmar-illegal-immigrants-caught-packed-van-112613648.html ---------------------------------------------- Lim Hng Kiang to attend 18th Asean Economic Minsters' Retreat in Myanmar Published on Feb 24, 2012 Minister for Trade and Industry Lim Hng Kiang will be attending the 18th Asean Economic Ministers' Retreat in Nay Pyi Taw, Myanmar from Feb 25 to 26, the Ministry of Trade and Industry (MTI) announced on Friday. During the two day retreat, Mr Lim and other ministers will discuss the current status of the implementation of the Asean Economic Community (AEC), which is targeted for 2015, and the challenges they will face in seeing it through. The ministers will also examine further ways to enhance Asean's external relations with its dialogue partners. These will include the implementation of the Asean Framework on Regional Closer Economic Partnership (RCEP), a key initiative which was endorsed by leaders at the 19th Asean Summit in November 2011. Mr Lim will be accompanied by MTI officials. http://www.straitstimes.com/BreakingNews/Singapore/Story/STIStory_770257.html ------------------------------------------ China Urges Burma to Secure Border, Infrastructure Projects By PATRICK BOEHLER / THE IRRAWADDY Friday, February 24, 2012 China voiced its concerns about the security of its border with Burma on Thursday during the first full day of a five-day visit by Lower House Speaker Shwe Mann, who was also urged to ensure that Chinese-backed infrastructure projects inside the country proceed smoothly. Peace and stability in the border areas are in the interests of both countries, Jia Qinglin, the fourth highest-ranking member of the Chinese Communist Party, told Shwe Mann during a meeting yesterday. A summary of the talks aired by Chinese national television CCTV on Thursday evening hinted at frank discussions. A toned-down transcript of the television news summary was published on the website of the Chinese Ministry of Foreign Affairs on Friday. China hopes that Burma can peacefully solve problems in northern Burma, Jia was quoted as saying in the original television news summary. We also wish to respond to the Burmese request to continue to assist and jointly safeguard peace and security in areas along the Sino-Burmese border. Jia, who is also the chairman of the standing committee of the Chinese Peoples Political Consultative Conference, a national political advisory body, made the remarks amid an ongoing conflict between the Burmese army and ethnic Kachin rebels that has sent thousands fleeing to border areas. Efforts to restart peace talks between the Burmese government and the Kachin Independence Organization (KIO), the political wing of the Kachin Independence Army, have stalled in recent months. Last week, the Chinese Ministry of Foreign Affairs denied reports of Kachin refugees fleeing across the border to China. Talks hosted by China in January between the government and the KIO did not lead to an easing of the conflict, despite a renewed pledge by President Thein Sein on Union Day to bring peace to ethnic areas along Burma's borders. Jia and Shwe Mann also discussed infrastructure projects in Burma contracted to Chinese companies, according to the television news summary. The extensive infrastructure projects, such as railways, highways, ports and pipelines agreed upon in recent years, have helped to pull the Burmese economy forward, Jia was quoted as saying. We have to establish trust, strengthen cooperation, avoid interference and guarantee the smooth progress of [contracted] projects, he added. The earlier they are completed, the earlier benefits can be reaped. Jia's comments were likely intended as a reminder to Burma that Beijing doesn't want to see a repeat of Thein Seins's decision last year to pull the plug on the Chinese-backed Myitsone dam project, which would have produced up to 6,000 megawatts of electricity, primarily for Chinese consumption. Shwe Mann last held talks with Jia in Naypyidaw in April last year. In the afternoon, Shwe Mann met with General Chen Bingde, chief of the general staff of the Peoples Liberation Army. The content of the meeting beyond diplomatic platitudes was not made public. Chen had hosted Shwe Mann, then number three of the military junta, during the latters visit to Beijing in September 2010. Shwe Mann told Chinese media before his departure that this was his seventh visit to China. Shwe Manns visit is scheduled to last until Sunday. He and the parliamentary delegation he is leading are yet to meet the Chinese Communist Partys number two Wu Bangguo, who is also the head of the Chinese Peoples Congress, Chinas national parliament. Wu is the official host of the Burmese delegation. On Friday, Shwe Mann met Li Yuanchao, the up and coming head of the Communist Partys powerful Organization Department. He is later expected to visit the port city of Tianjin. http://www.irrawaddy.org/article.php?art_id=23092