Wednesday, 21 March 2012
မတ္လ ၂၂ ရက္ေန႔တြင္ မဟာျမတ္မုနိဘုရား၌ ႏိုင္ငံေရးအက်ဥ္းသား လြတ္ေျမာက္ေရး လွဳပ္ရွားမွဳ ျပဳလုပ္ရန္ စီစဥ္ ေန
Rape, forced labour, torture continue in Kachin State: HRW report
(Mizzima) – The Burmese government has committed serious abuses and blocked humanitarian aid to tens of thousands of displaced civilians since June 2011, in fighting in Burma’s northern Kachin State, Human Rights Watch (HRW) said in a report released on Tuesday.
The 83-page report, “‘Untold Miseries’: Wartime Abuses and Forced Displacement in Burma’s Kachin State,” describes how the Burmese army has attacked Kachin villages, razed homes, pillaged properties, and forced the displacement of tens of thousands of people. Soldiers have threatened and tortured civilians during interrogations and raped women. The army has also used antipersonnel mines and conscripted forced laborers, including children as young as 14, on the front lines.
“The Burmese army is committing unchecked abuses in Kachin State while the government blocks humanitarian aid to those most in need,” said Elaine Pearson, HRW deputy Asia director. “Both the army and Kachin rebels need to act to prevent a bad situation for civilians from getting even worse.”
Human Rights Watch said it travelled twice to areas in Kachin State in 2011, visiting nine camps for internally displaced persons and areas in China’s Yunnan province where refugees have fled, and has continued to monitor the situation. The report is based on more than 100 interviews with displaced persons, refugees, and victims of abuses, as well as Kachin rebels, Burmese army deserters, and relief workers, it said.
The Burmese government and the Kachin Independence Army (KIA) need to take effective measures to end abuses by their forces, ensure humanitarian access, and permit an independent international mechanism to investigate abuses by all sides, Human Rights Watch said.
Renewed Burmese army operations against the Kachin Independence Army began in June in a contested area surrounding a Chinese-led hydropower dam, ending 17 years of cease-fire between the government and Kachin insurgents.
Displaced Kachin civilians described being forced to work on the front lines for the Burmese army, enduring torture, and being fired upon by soldiers. Burmese troops have deliberately and indiscriminately attacked Kachin civilians with small arms and mortars, Human Rights Watch found. Human Rights Watch also found evidence of rape by Burmese soldiers.
One man, forced to porter for the army for 19 days, told Human Rights Watch he witnessed the repeated rape of two Kachin women: “Soldiers would come and take the women and bring them from tent to tent. We were so afraid and we couldn’t watch the whole night. The next morning, the women couldn’t walk right. They seemed like they were in pain. They walked hunched over. And they were crying.”
The Kachin Independence Army has also been involved in serious abuses, including using child soldiers and antipersonnel mines, Human Rights Watch said. Both sides’ use of mines, which do not discriminate between combatants and civilians, will complicate the safe return of displaced civilians to their villages when hostilities cease.
Human Rights Watch called on the Burmese government to ask the UN Office of the High Commissioner for Human Rights to establish an office in Burma with a standard protection, promotion, and technical assistance mandate.
Burma’s newly created National Human Rights Commission has not played an effective role in monitoring abuses in Kachin State, Human Rights Watch said.
In February 2012, the commission’s chairman, Win Mra, announced that the commission would not investigate allegations of abuses in the country’s ethnic armed conflict areas due to the government’s efforts to negotiate ceasefires.
“Concerned governments should urgently support an independent international mechanism to investigate abuses by all sides to the conflict in Kachin State and in other ethnic areas,” Pearson said. “An objective investigation into abuses in Burma’s ethnic areas won’t happen unless the UN is involved, and such an effort can help deter future abuses.”
Of the 75,000 Kachin civilians displaced since June, at least 45,000 have sought refuge in 30 camps for internally displaced persons in Kachin Independence Army-controlled territory along the Burma-China border. The Burmese government has only granted UN agencies access to this area once, in December. Even then, UN agencies were not able to visit several areas where tens of thousands of displaced persons reside. In areas it controls, the Kachin Independence Army and networks of local Kachin organizations have tried to meet growing humanitarian needs, but international support for civilian-relief organizations operating out of Kachin State has been sporadic and inadequate.
Humanitarian needs of displaced persons in Kachin State include food and other necessities, such as medicine, blankets, warm clothing, firewood and fuel, and adequate shelter.
The worsening situation in Kachin State contrasts starkly with hopeful human rights developments in lowland Burma in recent months, including the release of prominent political prisoners, a spate of legal reforms, and greater media freedom. In by-elections scheduled for April 1, the pro-democracy leader Aung San Suu Kyi will run for a seat in the national parliament.
“There’s still a long way to go before the people of Burma, particularly those in conflict areas, benefit from recent promises of reform,” Pearson said. “The international community should not become complacent about the serious human rights violations still plaguing Burma.”
For a summary of the report and recommendations, go to http://www.hrw.org/reports/2012/03/20/untold-miseries
Monday, 19 March 2012
NLD Supporters Attacked in Naypyidaw

The NLD said that their supporters were physically assaulted during a rally on Sunday for candidate Min Thu in the Burmese capital, and that a female security guard employed by the NLD was seriously injured after being attacked with sharpened sticks.
The attack allegedly occurred during a speech by Min Thu who is representing the NLD in the April 1 by-election for the Ottarathiri constituency seat in Naypyidaw.
“The NLD always opposes such violence,” said the statement.
Condemning the attack, the NLD said it had reported the incident to the respective police officials, and that such acts can damage the integrity of a free and fair election.
According to the NLD statement, there exists a policy of vote-buying in Min Kin Township in Sagaing Division. The NLD also condemned Dr. San Win, the candidate representing the ruling Union Solidarity and Development Party (USDP) in Min Kin, saying that he had criticized NLD chairman Aung San Suu Kyi.
The NLD statement said all of these incidents are illegal and that they violate existing election laws.
The NLD also accused USDP members of forcefully ordering local residents in some villages in Sagaing to attend the USDP campaign gathering on Mar. 16.
USDP supporters also told local Chinese—who are Burmese citizens living in Lashio, northern Shan State—that they should not vote for the NLD as it is pro-Western, according to Soe Myint Maung, the NLD candidate for the city.
In a party rally at Lashio on Saturday, Suu Kyi reached out to ethnic Chinese and minority voters, and denied all the allegations made by the USDP supporters.
“I heard that Chinese businessmen and merchants were threatened,” Suu Kyi was quoted by AFP as saying. “They were told that their businesses would be harmed if the NLD wins the election, because Suu Kyi's party enjoys close relations with Western countries.”
Suu Kyi continued: “I would like to request people to pass along the word that these things are not true.”
She told the assembled gathering, which included many Chinese and ethnic minorities, that her party was not out to destroy Chinese businesses.
Meanwhile, teachers and college students from Tenasserim Division in southern Burma claimed that they cannot cast their votes freely during the period of advance voting.
More than 70 teachers from Laung Lon in Tavoy District were allegedly called in front of the township educational administration office on March 17 and told that a training program would begin on March 23 and last until April 1, and that they would therefore have to vote in advance.
“They said that as we will not able to vote on April 1, we must vote now,” said one of the teachers. “Since we have to vote in front of the administrators and they have our names and addresses written on the envelopes, we wouldn't dare vote for the NLD, only the USDP.”
At Educational College in Tavoy, about 50 students from Laung Lon and Kyun Su townships said they were also urged to vote in advance in the presence of the rector and other college heads.
“The rector called us to the library and told us to tick a ballot and seal the envelope with glue,” said a student. “There was nothing on the envelope, not even the seal of the Election Commission or the name of the polling center or the signature of the polling officer.”
The Irrawaddy reporter Zarni Mann also contributed to this article.
Friday, 16 March 2012
US Envoy Told 619 Political Prisoners in Burma

The Former Political Prisoners Group in Rangoon said it handed over a list identifying 619 Burmese dissidents who remain in prison to US special envoy Derek Mitchell ahead of his visit to Naypyidaw earlier this week.
Hnin Hnin Hmway, the List Verification committee member of the organization, said, “We met with deputy officials from the US State Department and gave them our latest list with details of 619 political prisoners in Burma. They said they would pass it on to Mr. Mitchell before he went to Naypyidaw.”
US Special Representative and Policy Coordinator for Myanmar Mitchell held a press conference at the US embassy in Rangoon on Thursday when he told reporters that he had spoken with the Burmese government about the release of political prisoners.
“The lists confirms 619 political prisoners in 41 prisons around the country,” Hnin Hnin Hmway said, adding: “But there could be many more who we have not been able to confirm yet.
“We verified each and every one [of the 619],” she said. “We also took into account the list from the Assistance Association for Political Prisoners-Burma [AAPP] and that of the NLD [National League for Democracy].”
AAPP has stated on its website that there are currently about 800 political prisoners in Burma, though it says it can only confirm precise details for 413.
On Jan. 13, a number of political dissidents were released from prisons around Burma, including 88 Generation leader Min Ko Naing, and U Gambira, one of the most prominent Buddhist monks during the 2007 Saffron Revolution.
Many of those on the most recent list of political prisoners are being detained on convictions such as high treason, murder and unlawful association.
တန္ဖဲရြာသားမ်ားအေရး ၈၈မ်ဳိးဆက္တို႔ သမၼတထံစာပို႔
ခ်င္းမုိင္(မဇၥ်ိမ) ။ ။ ျမစ္ဆံုေရကာတာ စီမံကိန္းအနီးရွိ တန္ဖဲေက်းရြာမွ ရြာသားမ်ားအား ေျပာင္းေရႊ႕ခုိင္းသည့္ လုပ္ရပ္ ရပ္ဆုိင္းေပးရန္ ႏိုင္ငံေတာ္သမၼတ ဦးသိန္းစိန္ထံ ၈၈ မ်ဳိးဆက္ ေက်ာင္းသားေခါင္းေဆာင္မ်ားက ယမန္ေန႔ အဂၤါေန႔က ေမတၱာရပ္ခံလိုက္သည္။
အစိုးရသက္တမ္းအတြင္း ျမစ္ဆံုစီမံကိန္းအား ရပ္ဆုိင္းထားေသာ္လည္း တန္ဖဲရြာသားမ်ားအား ေအာင္ျမင္သာ
ေက်းရြာသစ္ဆီသို႔ ယခုလ ၁၇ ရက္ေန႔ ေနာက္ဆံုးထား ေျပာင္းေရႊ႕ခုိင္းေနသည့္အေပၚ ၈၈ မ်ဳိးဆက္ေခါင္းေဆာင္ မ်ားက ဝင္ေရာက္ ေျဖရွင္းေပးျခင္း ျဖစ္သည္။
ယင္းေမတၱာရပ္ခံစာကုိ ျပည္ေထာင္စုဝန္ႀကီး၊ ျပည္ထဲေရးဝန္ႀကီး၊ ကခ်င္ျပည္နယ္ ဝန္ႀကီးခ်ဳပ္ႏွင့္ ျမန္မာႏုိင္ငံ လူ႔အခြင့္အေရး ေကာ္မရွင္ဥကၠ႒ ထံသုိ႔ ပူးတြဲေပးပို႔ခဲ႔သည္။
“ဒီအခ်ိန္မွာ အတင္းအဓမၼ လုပ္ရပ္ေတြက မရွိသင့္ေတာ့ဘူး။ အဲဒါနဲ႔ပတ္သက္ၿပီး ႏုိင္ငံတကာ အသုိင္းအဝိုင္း အလယ္မွာေရာ၊ ျပည္တြင္းမွာပါ အစိုးရအဖြဲ႔အေနနဲ႔ ပ်က္ေနတဲ့ ဂုဏ္သိကၡာက်ေအာင္ မလုပ္ေစခ်င္ဘူး။”ဟု
ေက်ာင္းသားေခါင္းေဆာင္ ကုိျမေအးက ေျပာသည္။
သမၼတ ဦးသိန္းစိန္က တုိင္းျပည္အတြက္ အေလးထား စဥ္းစားေနသျဖင့္ တစံုတရာ တံု႔ျပန္မႈရွိလိမ့္မည္ဟု ေမွ်ာ္လင့္ ထားေၾကာင္းႏွင္႔ အကယ္၍ တံု႔ျပန္မႈ မျပဳလုပ္ပါက ၿငိမ္းခ်မ္းစြာျဖင့္ ဥပေဒနည္းလမ္းအတိုင္း ကန္႔ကြက္သြားမည္
ျဖစ္ေၾကာင္းလည္း ေျပာသည္။
ေအာင္ျမင္သာေက်းရြာသုိ႔ ေျပာင္းေရႊ႕ရမည့္ တန္ဖဲရြာသားမ်ားအား ၎တို႔မေျပာင္းေရႊ႕ပါက ပုဒ္မ (၁၈၈) ျဖင့္ အေရးယူမည္ဟု ခ႐ုိင္အုပ္ခ်ဳပ္ေရးမႉးက ဒု-သမၼတ အမိန္႔ကို သုံး၍ မတ္လ(၇)ရက္ ေန႔က ေဒသခံမ်ားအား သတိေပးခဲ့သည္။
ျမစ္ဆံုေဒသရွိ တန္ဖဲ ရြာသားမ်ား၏ စားဝတ္ေနေရး၊ အသက္ေမြးဝမ္းေက်ာင္း ျပဳႏိုင္ေရးကို ေရွး႐ႈ႕သည့္ အေနျဖင့္ အဆိုပါ ဖိအားေပး ေျပာင္းေရႊ႕ခုိင္းသည့္ လုပ္ရပ္အား ျပန္လည္ ႐ုပ္သိမ္းေပးရန္ ၈၈ ေက်ာင္းသား ေခါင္းေဆာင္ တဦးျဖစ္သူ ကုိျမေအးက လက္မွတ္ေရထုိးကာ သမၼတထံ ေပးပုိ႔လုိက္ျခင္း ျဖစ္သည္။
“က်ေနာ္တို႔ကေတာ့ လြတ္ေတာ္ျပင္ပ ႏုိင္ငံေရးဆုိတာဟာ ဥပေဒျပင္ပ ႏုိင္ငံေရး မဟုတ္ဘူးလုိ႔ က်ေနာ္တို႔ ေျပာခဲ့တာ ရွိတယ္။ အဲဒီစကားရပ္အတုိင္း ဥပေဒေဘာင္အတြင္းကေန သမၼတႀကီးေရာ၊ သက္ဆုိင္ရာတာဝန္ရွိ ပုဂၢိဳလ္ေတြကို သိေစခ်င္တဲ့ ဆႏၵရွိလုိ႔ ရည္ရြယ္ၿပီးေတာ့ တင္တာပါ။”ဟု ကိုျမေအးက မဇိၥ်မကုိ ေျပာသည္။
တုိင္းျပည္အေျပာင္းအလဲ ျပဳလုပ္ေနခ်ိန္ျဖစ္၍ အဆုိပါ ေျပာင္းေရႊ႕ခိုင္းသည့္ကိစၥႏွင့္ ပတ္သက္ၿပီး ႏုိင္ငံတကာ အဖြဲ႔အစည္းမ်ားႏွင့္ ထင္ရွားသည့္ ပုဂၢိဳလ္မ်ားအေနျဖင့္လည္း သမၼတထံ ေမတၱာရပ္ခံစာ ေပးပုိ႔ၾကရန္ တုိက္တြန္းထား သည္။
ျမစ္ဆံုေဒသခံရြာသား ၂၅၀ ေက်ာ္ကလည္း မေျပာင္းေရႊ႕လုိေၾကာင္း ေမတၱာရပ္ခံစာကုိ ကခ်င္ျပည္နယ္ ဝန္ႀကီးခ်ဳပ္ ဦးလဂြ်န္ငံဆုိင္းထံသို႔ ဗုဒၶဟူးေန႔တြင္ ေပးပုိ႔ခဲ႔ေၾကာင္း တန္ဖဲေက်းရြာ ေဒသခံတဦးက ေျပာသည္။
“ဒီကေန မေျပာင္းခ်င္ဘူးဆုိတာေတြ ျပန္စဥ္းစားေပးဖို႔၊ အခုေျပာင္းခုိင္းတဲ့ေနရာမွာလဲ လုပ္ကုိင္ စားေသာက္မဲ့ ေနရာ မရွိဘူး။ အခက္အခဲရွိေနတာေတြကို ေရးထားတယ္။ ခ႐ိုင္႐ံုး ေခၚတုန္းက တန္ဖဲကေန ေအာင္ျမင္သာကုိ က်ေနာ္တို႔ ညီညီၫြတ္ၫြတ္နဲ႔ နစ္နာေၾကးေတြ ရပါတယ္ဆုိတဲ့ လက္မွတ္ထုိးခုိင္းတာေတြလည္း ပါတယ္။”ဟု တန္ဖဲေက်းရြာမွ
ေဒသခံတဦးက မဇိၥ်မကုိ ေျပာသည္။
ယင္းစာမိတၱဴကုိ တ႐ုတ္စြမ္းအင္ ရင္းႏွီးျမႇဳပ္ႏွံမႈ ေကာ္ပိုေရးရွင္း CPI ၊ ေအးရွားေဝၚ(လ္) ကုမၸဏီ၊ ကခ်င္ျပည္နယ္ လြတ္ေတာ္၊ ျပည္နယ္အုပ္ခ်ဳပ္ေရးဌာန၊ ခ႐ိုင္အုပ္ခ်ဳပ္ေရးဌာန၊ ျမန္မာႏုိင္ငံခရစ္ယာန္မ်ား အသင္းေတာ္၊ ကခ်င္ အမ်ဳိးသား အတုိင္ပင္ခံအဖြဲ႔ ခရစ္ယာန္ဘာသာ ဂုိဏ္းေပါင္းစံု၊ ကခ်င္ယဥ္ေက်းမႈအဖြဲ႔မ်ား အပါအဝင္ ဌာနေပါင္း (၁၆)ခုသုိ႔ ေပးပုိခဲ့သည္။
Ambassador Mitchell’s press conference in Rangoon
(Document) – Here is the text of U.S. special envoy to Burma Ambassador Derek Mitchell’s press conference at the U.S. Embassy on Thursday, March 15, 2012, as transcribed by the embassy.
US Special Representative and Policy Coordinator for Burma Derek Mitchell talks to the media during a press conference at the US Embassy in Rangoon on March 15, 2012. Photo: AFP
Let me say just a few comments or things to a few individuals or folks, first to the Embassy here. Since the Secretary of State’s visit in December, there has been an avalanche of visits internationally, particularly from the United States. Many people have been eager to see or experience themselves the developments in this country. It has put an enormous burden on the folks here; they are not equipped for that kind of avalanche of people. But for Chargé Michael Thurston, DCM Eleanor Nagy, and Adrienne over here, among many others who have supported my visits, supported the many visits, I really wanted to say a note of thanks all of them for their tremendous hard work and dedication over many, many weeks. In fact, it has not let up. And hopefully they get a little bit of time off for Thingyan in the next month.
I also want to say a note of thanks to the government here. I continue to have very useful and productive discussions on a full range of issues, with ministers and others in Naypyitaw. There is no issue that has been off limits on either side for which I continue to be grateful and continues to be the mark of a healthy and maturing bilateral relationships. I wanted to say particular thanks to the government for our discussions.
As many of you may have known I was accompanying here by representatives, other representatives of the US government, one was a senior official for the Agency for International Development, another from the State Department's Democracy, Human rights, and Labor Division, and other was a special representative for Labor issues. They also had excellent discussions, ways in which United States may assist in political and economic and social reform here. And I am grateful for their partnership and for their commitment. And I know that they had a wonderful time as I saw them off yesterday. Also thanks to them.
Again, I have addressed in my meetings in Nay Pyi Taw and here a full range of issues, and we can address them in Q&A as you would like. There are two particular issues I would like to single out. The first has to do with the developments in Kachin State, specifically the issue of humanitarian access to internally displaced persons, we call IDPs. We have seen progress in many ethnic minority areas over the last several months and weeks. And I know as the government has told me their commitments for national reconciliation, and the process of doing that in terms of ceasefire and outreach, hopefully toward political dialogue .But, in Kachin State, the violence is sticking out and is inconsistent with a trend toward in dialogue in confidence building toward national reconciliation. But really the immediate concern that we have is on the issue of internally displaced persons who, by any definition, are innocents caught in the crossfire of conflict and we are entering as you all know better than I, the rainy season. And it can create even more complications for their lives and their well-being, their security. During my time here, I met with representatives from the United Nations and others who have been granted limited access but are ready, willing and able to assist. I understand the political and security complications involved. But I very much encourage serious consideration by the government and dialogue with the international community to find a way to enable provision of much needed aid to these citizens. And I want to announce here that to that end the United States is going to provide 1.5 million dollars in additional funding to that UNHCR for that purpose to assist internally displaced persons.
Secondly is the issue that is coming up that is certainly dominating certain sectors of the country, which is the upcoming by-election. I commented on this yesterday when I was standing next to Aung San Suu Kyi. We are committed to a free, fair and transparent process. And this morning I met with several representatives from various political parties and yesterday, of course, with Aung San Suu Kyi. And I will go up to Mandalay and tomorrow I will meet with other representatives from the parties, some of whom are actually running for office up there. The outcome of the election, of course, is up to the people of this country. That is not what our interest is. Our interest is the process, that it be free, that it be fair, that it be transparent, and that it truly represent the will of the people of this country. We do see this— the international community, as well as the citizens here—we see this as a critical moment and a marker towards building trust and confidence on the road toward democracy.
So with that, let me open it up for questions. We have time for several. Thank you. Who will be first?
QUESTION: I'm Aung Hla Tun. I am from Reuters. You said that process is very important. So without any foreign observers, how would you consider the process?
AMBASSADOR MITCHELL: In any election, foreign observers aren't the ones that are to say whether, you know, this election was acceptable or not. Actually, it is up to the people in the country in election to decide whether it is acceptable in terms of being a representation of a popular will, whether it is conducted freely and they were able without intimidation to exercise their right to vote. And our interest is, of course, is not just on voting day. Our interest is in the campaign season: whether the conditions are equal or as best as can be, whether to allow candidates to speak openly, for people to gather to see the candidates, to listen them. I have heard there are concerns about voter rules. There are concerns about voter rules in many countries.
But if there are concerns, there should be a process as I believe there is. I talked to the Union Election Commission. I was encouraged they are taking it seriously, providing opportunities for parties to raise issues like voter rolls. There may also be questions like advance voting, whether there is adequate oversight on that front. But it is up to the parties and up to the people of the country to provide the necessary oversight and final word on whether this does in fact represent their will and is acceptable. What international observers do though, and we encourage that as well, is that they provide the reassurance, an extra eye, an objective eye, to this. There are organizations in Asia and elsewhere, that are professionals that can assist and give recommendations after elections for how things can be done better. I think it would certainly be a point of reassurance to the international community that this was open for people to see for how it went and that there were professional observers at the scene. But I should say that you know we very much encouraged this when I was in Nay Pyi Taw. I know the ASEAN Chairman has. They are open to it. They have discussed it. There was no announcement to us. But we hope all together, by taking together, by April 8 perhaps, the people in this country will feel that it was acceptable, that it was a marker, we will do it better next time perhaps, but it is acceptable and is a way to build trust.
QUESTION: Would there be any obstacles to lifting sanctions on Myanmar? [INAUDIBLE] Even if you are satisfied with the outcome.
AMBASSADOR MITCHELL: The conditions for sanctions and other restrictions are more than these elections or democracy. There are specific issues that have to do with the release of all political prisoners, have to do with ethnic minority issues and have to do with other issues. So, we are taking this election very seriously. It is a tangible moment in the path to reform, just like the release of political prisoners in January, and before, it's a very tangible demonstration of the new approach to civil society development. So, we are not looking for one particular event in order to say everything is normal, everything is right and is not reversible. But we continue to see trends in the right direction. We could see momentum moving in the right direction. So we will respond after the elections in an appropriate fashion if we believe they were held free, fair and transparently, and consistent with our efforts to be partners in reform.
QUESTION: I am Nwe Nwe from Mainichi newspaper. If I am not mistaken, you have met with the Defense Minister. And I am wondering what kind of topics you raised and discussed with the minister?
AMBASSADOR MITCHELL: Well, I raised the issue of humanitarian access. I raised the development within the military and his observations on how the military fits into the notion of reforms. And we talked about the potential for more defense engagement between the two sides under the right conditions. And issues like that. Same as with other ministers, talking about broad observations of reform in the country and conditions in the country. And it was a very fruitful exchange. I mean, I met with him twice before. Again, very open, there was nothing held back on either side, about concerns on both sides about what the other was doing. But I was grateful for the opportunity.
QUESTION: [question inaudible]. AMBASSADOR MITCHELL: No, we didn’t talk about that issue. No.
QUESTION: I am Thiha Saw from Open News. My question is about lifting of sanctions. Would this be a gradual and slow process? There is a really important part of the sanctions which is about financial transactions. Would it be on the top of the list when you are going to lift the sanction or will it be somewhere down on the bottom?
AMBASSADOR MITCHELL: Well, I am not going to comment on individual items that may be under consideration on the list of sanctions. What is interesting is you know we spent a lot of time over the past 20 years putting sanctions on for various reasons and there wasn't a lot of thought on how to unpeel them, how to work back. The fact is we have a commitment that we stated publicly and it’s always been our policy to be partners in reform. If reform is occurring, we want to be working with the people here in that direction. So we are looking at sanctions and other restrictions that are potentially getting in the way of the reform process. That are not consistent with our desire to be partners in the reform process. What is getting in the way of reform? What are obstacles to reform and what we are doing? And do that in a way that is consistent with our values and consistent with our overall policy. So there remains to be seen how we decide to do that. But that is the principle by which we are examining our policy and approach to the country here.
QUESTION: I am Kyaw Hsu Mon from Myanmar Times. My question is what is the prospect of appointing ambassadors for both countries?
AMBASSADOR MITCHELL: Well, I can’t speak for Nay Pyi Taw or what stage they're at. You can ask them where they are. But we are seriously looking at. This is ... we made an announcement in January. We think that that, among other things, can beef up our representation and certainly normalize the relationship. But, there is nothing to announce now. So, I can’t give you any timeframe. But we want to move as rapidly as we can. In the United State, there is a fairly involved process—paper work and vetting, and then it has to go to the Senate for confirmation. So, by the time someone gets here it is a matter of months rather than weeks. But one hopes we can have an announcement as soon as possible.
QUESTION: I am from Sky Net TV. Regarding the sanctions, can I talk again? In Vietnam, after the war, the Vietnamese shook hands with the Americans, their enemies. Later, in 1995, the sanctions were lifted and they opened up doors. And your president Clinton visited from America. And then later, Vietnam became a very powerful economy. So, actually, we are friends. When are you going to lift the sanction? Because we want to catch up to our friend's emerging economy because we cannot wait. The sooner than later is better.
AMBASSADOR MITCHELL: I think I have answered that in terms of how we think about this issue. But, I think the government even knows here that the sanctions are not the primary problem in terms of development. There are a lot of things the government itself needs to do in order to make it worthwhile for businesses to invest here or for companies to consider this as a place that they want to operate. So, we all have to think hard about creating the condition to do exactly what you say. To insure there is a development in this country, the long needed development, that there be justice and that there would be sort of equitable progress in the country. And as I said, we are looking at ways which we can do that and ways which we may be blocking ourselves from being able to do that. But nothing else to say on that today.
QUESTION: I am Aye Mya Kyaw from 7 Day Journal. I would like to ask about the Kachin IDP. As you said in your previous talk, you will donate to the UNHCR, 1.5 million. And there are some areas that are UN organizations cannot go to, the areas where IDPs are living and they are still fighting. They need health and humanitarian. Did you discuss with that the government to have direct help to that area for the IDPs?
AMBASSADOR MITCHELL: I did. And I raised that many times during my meetings in Nay Pyi Taw. As I said in my statement, this is an issue that is of some concern. The main message was the international community has the ability to help here. These are citizens in need. And again, we understand the sensitivity of the issues of the politics and security and such. But we made the offer and I hope we can continue the dialogue to get to the point where we can provide necessary assistance.
Any other questions? One more?
QUESTION: I am Arthur with the People’s Age Journal. Can you describe the level of cooperation with the traditional partners like UK, Australia and EU with the sanction and other issues on Myanmar?
AMBASSADOR MITCHELL: We are in close contact, not in terms of sanctions necessarily, but in terms aid and assistance. A big danger with all the pent-up desire to help here—because there really is a pent-up desire to help—because what's happening in the country is one of the great news stories happening in the world. And truly... when you look around the world, there's a lot that's not going right. And what’s happening here is something quite remarkable, obviously at the early stages and there is a long way to go, and there are still a lot of problems. But the trends are in the right direction and the world would really like to help. So, everyone is looking to provide assistance and what we need to make sure is we are not stepping on each other’s toes and we are not running haphazardly, and we run in ways into the country that can cause complications to reform. And we have seen this in other countries. If you move too quickly and start throwing money around, you foment more corruption and you have a lot of waste, and you create inflation and all kinds of dangers.
I think we have the opportunity to do this right and we need to be reactive and responsive to what's happening here. We need to make sure people feel tangible that their lives are getting better in the immediate term. But speed can be the enemy if we're not being strategic over the long term of how we do this. And that goes toward every type of aid assistance and investment and whatever. And this is where we're working with Australia, the UK, and Europe. I will be going back to Europe in early April to talk about broad policy issues. They're our close allies, and we talk together. But we want to get this right and not just with countries but with the UN, with the World Bank, and others. This is important.
And I should say, there is a tremendous appreciation for the leadership of Thein Sein and what he has done here. It has taken a good deal of courage, I think to take many of the steps he has taken. I read his speech from a month ago. It was a tremendously visionary speech. I think it echoes what the NLD has been saying for some time, but I think he himself has put it in his own words, and he seems committed toward that same path. And I hope that partnership not just with NLD, but with people in the society and government are moving in the same direction. And that's important. There are going to be differences in policy; that happens in democracies.
It happens in every society. But coordination within the government here, coordination with the international community is going to be essential to the success of the transition here. And that is what we're committed to. That is what we seek to continue. And we look forward to the by-elections as being a marker on that path—a really important one—because it could lead to people in the parliament that will be partners in this process. I think that partnership that has been established tacitly we hope will continue, both with the international community, the government, and within society at large here. That's the work that we're trying to assist. Every time I come here I have very good exchanges with people. And I have optimism, but there are so many dangers and challenges ahead and we have no illusions about the complicated way forward. But we hope that this country continues to be a beacon of promise in a world that is otherwise undergoing many challenges.
Burma’s public assembly law is flawed: HRW
(Mizzima) – Burma’s new law on the right to peaceful assembly falls far short of international standards, Human Rights Watch (HRW) said on Wednesday.
Onlookers watch farmers’ demonstrate for the right of land ownership in front of the Department of Human Settlement and Housing Development in Rangoon in October 2011. Photo: Mizzima
In the meantime, the Home Affairs Ministry should consult with international organizations as it drafts regulations to mitigate some of the law’s harsh effects.
“Burma’s new law on assembly rejects the previous ban on demonstrations, but still allows the government to trump the Burmese people’s basic rights,” said Brad Adams, HRW Asia director. “There is a lot of excitement about changes in Burma these days, but the government shouldn’t be given credit for allowing some freedom just because none existed before. Instead, it should be pressed to make sure its laws meet international standards.”
The Burmese government has long used laws banning marches, demonstrations, and gatherings of more than five people to arrest, prosecute, and imprison peaceful protesters, said HRW. While ostensibly accepting the right of peaceful assembly, the new law makes the right subject to the overbroad control and the discretion of the authorities, it said.
It said that under international law, legal restrictions on basic freedoms should be clearly and narrowly identified, strictly necessary, and proportionate.
The new assembly law requires anyone planning a demonstration to seek permission from the township police chief five days in advance. Permission is required for any gathering of “more than one person in a public area … in order to express their opinions.”
The authorities are required to respond 48 hours before the planned gathering. If permission is denied, the authorities must offer reasons.
The law states that the police chief may only refuse a permit if the application is “contrary to Union security, prevalence of law and order, community peace and tranquility or public order and morality.”
Organizers may appeal the decision to the state or regional level police authorities. The administrative appeals process is final, with no appeal to the courts allowed.
Holding an assembly without permission can result in a one-year prison sentence. Even if permission is granted, the assembly law provides criminal penalties of up to six months in prison for various types of conduct, such as giving speeches that contain false information, saying anything that could hurt the state and union, or “doing anything that causes fear, a disturbance or blocks roads, vehicles or the public.”
“These offenses are articulated in vague and uncertain terms,” Human Rights Watch said.
The original bill banned shouting slogans at public assemblies. Parliament amended the final bill to allow slogans, but only if they are pre-approved.
“Requiring approval for the content of slogans shows just how far the government needs to go to understand basic freedoms,” Adams said. “Peaceful protesters shouldn’t go to jail just because a police officer may not like what they said.”
Burma has a long history of repression of peaceful protests. Pro-democracy marches in 1990 were put down by the authorities with lethal force. Security forces killed an estimated 2,000 protesters. Peaceful marches led by the opposition 88 Generation Students group in August 2007 and Buddhist monks in September 2007 were violently broken up. Human Rights Watch’s investigation documented killings by the security forces and hundreds of arbitrary arrests. Some protest leaders were sentenced to over 65 years in prison, and only released in the government’s January 2012 amnesty.
In 2011, the police forcibly dispersed several protests in Rangoon, the former capital.
One small protest on October 27 led to the arrest of eight landless farmers and their lawyer, activist Phoe Phyu, for illegal assembly after they protested the forcible acquisition of their land by government-backed companies. Phoe Phyu, now free on bail pending trial, is also defending a group of farmers who led protests in the Irrawaddy Delta region in September.
The authorities also arrested and briefly detained a rights activist, Myint Naing, in Bassien in November for filming the farmers’ protest and charged him with distributing unauthorized material under the Electronics Transactions Act.
The assembly law will not go into force until regulations are drafted. Human Rights Watch urged the Home Affairs Ministry to consult with relevant international organizations in drafting the guidelines to mitigate the harsh effects of the law.
For instance, HRW said, the regulations could provide guidance to police chiefs about criteria for granting a permit and the exercise of discretion in the administrative appeals process.
The regulations should state clearly that the assembly law is meant to facilitate gatherings and processions, and the enjoyment of the constitutional right to assembly, said HRW.
“They should make clear that permits should not be refused merely because the gathering might disturb ‘community peace and tranquility.”
The regulations should clearly define, based on objective criteria terms such as to ‘frighten’ or ‘disturb’ the public, or ‘hurt the state.’ They should clarify that criminal penalties should only be sought for acts of violence or incitement and not for the peaceful exercise of rights to expression, association, and assembly, such as giving false information in a speech or using unapproved slogans.
Since taking office in March 2011, Burma’s new government has introduced many bills into the national bicameral assembly, debating these laws in the three parliamentary sessions to date in a manner not seen in Burma for decades.
Nevertheless, the passage of some laws has been shrouded in secrecy. Full drafts of legislation are often not distributed outside the Parliament, and there has been little community consultation.
“The real test of new laws will be to see what happens when Burmese attempt to use them,” Adams said. “Burma’s government will deserve kudos for legal reform only when people are allowed to exercise their basic rights.”