BurmaNet News: August 7 2003

[editor at burmanet.org]

THE BURMANET NEWS
A listserv covering Burma
www.burmanet.org

August 7 2003 Issue #2301

INSIDE BURMA
NLM: Burmese government blames students, communists for 4 August blasts
Irrawaddy: Opposition-Communist Link Denied
Narinjara: KNLA on SPDC allegations for bomb blasts
Xinhua: Myanmar to add more TV relay stations in border areas

MONEY
AFX: ASEAN ministers agree on regional financial integration by 2020
Xinhua: ASEAN signs uniform tariff protocol
Irrawaddy: Foreign Banks Refuse Letter of Credit

REGIONAL
AFP: Thai PM brushes off criticism from US senators
Chinland: Eviction of Chin Refugees Continues
FEER: Asean is embarrassed by the detention of Aung San Suu Kyi
Kyodo: Japan, Thailand Reconfirm Cooperation for Suu Kyi’s Release
Xinhua: Japan, Laos express concern at Suu Kyi's prolonged detention

INTERNATIONAL
UN Wire: U.N. Envoy Says Progress Needed In Myanmar
FBC: Protesters Arrested at Burmese Embassy in Washington, DC
AFP: EU concerned about tower project at ancient Myanmar city
AP: Unocal Penalized for Tardy Documents

EDITORIALS
Irrawaddy: Playing Hardball
NYT: The Court of Last Resort


INSIDE BURMA

The New Light of Myanmar web site August 7, 2003 (translated from Burmese
by BBC International Monitoring)
Burmese government blames students, communists for 4 August blasts

Yangon Rangoon , 6 August: The government, upholding Our Three Main
National Causes non-disintegration of the Union; non-disintegration of
national solidarity; and perpetuation of national sovereignty and the
twelve objectives, has been striving for building up an all-round
developed nation. However, insurgents including anti-government
organizations who cannot bear to see the state's stability and distinct
progress, have been constantly committing destructive acts and
jeopardizing tranquillity and community peace in the country.

Three mines planted at three separate places around the embankment of
Yongyi Ward in Monywa exploded about 8 a.m. local time on 4 August. But,
there were no casualties nor damages in the bomb blasts.

The authorities concerned had got information in advance that the
anti-government organizations abroad and terrorist insurgents have been
constantly committing terrorist acts by sending bombers into the nation to
cause panic among the people and by detonating bombs to kill innocent
people. It is learnt that the explosions were jointly committed by ABSDF
All Burma Student's Democratic Front insurgent group under the name of
students abroad, and the remnants of the Burma Communist Party BCP .
_________

The Irrawaddy   August 07, 2003
Opposition-Communist Link Denied
By Naw Seng

The Burmese military junta has labeled three mine explosions in Monywa,
Sagaing Division on Monday a coordinated effort between the All Burma
Students’ Democratic Front (ABSDF) and the Communist Party of Burma (CPB).

Since the May 30 clash in Upper Burma, the regime has sought to establish
links between several opposition groups and the CPB. Several violent
incidents since early June have been blamed on the alleged alliance.

The ABSDF denied any involvement in Monday’s blasts in Monywa, or being
part of any conspiracy with the CPB to commit violence. Myo Win, vice
chairman of the ABSDF, explained that his organization only meets with the
CPB to discuss efforts to restore democracy in Burma. "There has been no
cooperation with the CPB for action," he said.

Aung Kyaw Zaw, a former CPB member, said the party has no policy to plot
bombings in Burma. "The CPB has never done any action of this sort," he
said.

Opposition and CPB members believe that the junta’s attempts to link
opposition groups to the CPB are aimed at drawing the attention of Western
democracies, who may be leery of communists. Portraying opposition members
as communists would also undermine the opposition at home, they add, since
many Burmese view communists with suspicion.

Exiled Burmese political analysts say the ruling generals would greatly
benefit if the National League for Democracy (NLD) gained a reputation as
an outlaw organization. Mentioning the NLD in the context of terrorist
activities could turn public opinion against the largest opposition party
and create divisions among opposition groups.

At the end of June, the junta reported that they uncovered a plot to
destabilize the country, which resulted in the arrest of 12 people with
links to opposition parties.

"[Those arrested] had plans to contact the NLD in creating civil unrest,"
said Deputy Military Intelligence Chief Maj-Gen Kyaw Win. "But I’m not
sure whether the NLD leaders, including Aung San Suu Kyi, were aware of
the plans."

In an article published in state-run New Light of Myanmar last Sunday, the
junta accused the alleged plotters of receiving assistance from opposition
leaders in Thailand with ties to communists. "It is no wonder that the
project was under the influence of the CPB," said the article. The writer
went on to accused numerous well-known ethnic and opposition leaders of
being communist sympathizers.
_________

Narinjara News   August 7, 2003
KNLA on SPDC allegations for bomb blasts

Dhaka, 7th August 03:  In a statement datelined 6th August 03 the Karen
National Liberation Army (KNLA) has refuted the State Peace and
Development Council junta (SPDC) of Burma’s claims that the KNLA is to
blame for the bomb blasts on 26th July in a press conference, on 15th May
in Phyu Town cinema hall (movie theatre) and two time bombs blast in
Taungoo on 27th July.

In the statement the KNLA also denied the SPDC allegations of an arrested
Saw Mra Sein’s association with KNLA Brigade II and that the entire scheme
of carrying out the blasts was masterminded by the Brigadier Mae Ae Sein
of KNLA.

Saw San Bhay (aka) Saw Mra Sein hails from Taungoo Town of Bago Division
in Burma proper and engaged as a worker in a timber trade and he has no
connection with KNLA whatsoever.  The illegal arrest and indictment of Saw
Mra Sein as having connection with KNLA is an SPDC scheme, the statement
said.

Though KNLA is engaged in a struggle against the SPDC-sponsored
state-level terrorism, it has never been a terrorist organization like
SPDC.   The Burmese junta has been sponsoring such acts of terrorism in a
number of townships only to discredit KNLA and increase oppressive acts
against the people and political parties.

Through a prearranged scheme the Burmese SPDC junta has been planning and
conducting such heinous terrorist acts to divert the attention of the
people and the world at large from the Depeyin massacre on 30th May that
was aimed at assassinating Daw Aung San Suu Kyi and U Tin Oo of the
National League for Democracy.  With the lone aim of destroying the
political opposition the SPDC junta has systematically been carrying out
its terrorist campaign against the people, students, monks and political
organizations.  In conclusion the statement urged everyone in Burma to be
vigilant against the heinous anti-people terrorist schemes of the Burmese
SPDC junta now, and in future.

The KNLA is the armed wing of the Karen National Union, a guerrilla outfit
fighting for self-determination since Burma’s independence in 1948.
____________

Xinhua General News Agency   August 7, 2003
Myanmar to add more TV relay stations in border areas

YANGON, Aug. 7 (Xinhua) --Myanmar is building eight more television relay
stations in its remote border areas with equipment imported from Italy and
China under a government-funded development program launched in 1993, the
local Myanmar Times Journal reported in its latest issue.

The eight TV relay stations, being built in the northeastern Shan state,
southern Tanintharyi division and northernmost Kachin state, are expected
to go into operation by the end of this year to relay programs of the
state-run TV Myanmar from the capital of Yangon, the Department of
Progress of Border Areas and National Races was quoted as saying.

The TV relay stations, on completion, will bring the total number of such
stations in Myanmar to 105, the sources said.

The addition of such TV relay stations in border areas is said to aim at
reducing foreign cultural influence.

TV was introduced in Myanmar in 1980 and the country has two TV stations
--the state-run TV Myanmar and the military-operated Myawaddy TV.

Meanwhile, the country is also making efforts to enhance its radio and TV
services in conformity with global changes and development, arranging to
upgrade its radio and TV equipment and change its present TV system to
digital one.

The TV Myanmar is now making satellite news available with the cooperation
of the Cable Networks News (CNN) and the Japan Broadcasting Corporation
(NHK).


MONEY

AFX – Asia   August 7, 2003
ASEAN ministers agree on regional financial integration by 2020

MANILA:  Southeast Asian finance ministers agreed to open up their capital
markets further and ease money flows in a bid to create a single market in
the region by 2020, ASEAN Secretary-General Ong Keng Yong said.

The Association of Southeast Asian Nations (ASEAN) ministers at their
annual talks in Manila agreed to take steps to develop, liberalize and
integrate the region's capital markets and financial services to bring
about "a free flow of goods, services and investments and a freer flow of
capital," according to a draft joint statement to be issued at the end of
the two-day meeting later today.

The road map is to be tabled for approval by ASEAN leaders at their annual
summit in Bali in October, Ong said.

ASEAN aims to achieve a single market, dubbed the "ASEAN economic
community", of 530 mln people in 17 years. The group comprises Brunei,
Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore,
Thailand and Vietnam.

The ministers agreed that member-states be "more transparent and
systematic" in relaxing restrictions on capital movements as part of
regional financial integration efforts, the draft said.

At the same time, they would put in place "prudential measures in each
step of their capital account liberalization process, where necessary, to
minimize the possible adverse impacts of the reversal of capital,
particularly short-term, flows."

As the levels of financial development of member states vary, with
Singapore, Malaysia, Thailand and the Philippines ahead of the others,
capital market integration will be undertaken in two phases, officials
said.

Over the next five years, it will be mostly confined to "capacity
building" such as beefing up the legal and regulatory framework, market
infrastructure for trading, clearance and settlement procedures, investor
education and adoption of international standards.

After that, members will move fully into "market integration," including
setting up a common regulatory and legal framework, removal of
restrictions on cross-border investment, adoption of common accounting
methodologies and standards, and linkages in payment and settlement
systems.

"With such a road map, we at least have an action programme for ourselves
and we know what to do according to a time frame," Ong said.

"If some countries are not ready to go ahead, we can hear each other out
but continue working towards the goal."

The ministers also agreed to adopt a uniform set of tariff codes for more
efficient implementation of the ASEAN Free Trade Area (AFTA), officials
said.

The ASEAN Harmonized Tariff Nomenclature Agreement will help simplify and
harmonize customs procedures with classification code systems for export
products.

The region is already implementing a tariff reduction scheme for
mostly-manufactured products under AFTA.

Ninety-nine percent of tariffs for manufactured products traded among
Brunei, Indonesia, Malaysia, the Philippines, Singapore and Thailand have
been knocked down to between zero and five percent since the 1992 launch
of AFTA.

Ultimately, tariffs will be completely abolished by 2010 for these six
countries, and by 2015 for the newer members of Cambodia, Laos, Myanmar
and Vietnam, with flexibility on some sensitive products retained until
2018.
___________

Xinhua   August 7, 2003 Thursday
ASEAN signs uniform tariff protocol

MANILA:  The Association of Southeast Asian Nations (ASEAN) signed
Thursday a pact for its 10 members to adopt a uniform set of tariff code
for more efficient flow of goods in the region.

The protocol, officially known as the ASEAN Harmonized Tariff
Nomenclature, was inked right before the end of a regional meeting
convening top financial officials from the 10 member economies. The
protocol, which encourages intra-ASEAN trade through simplified and more
uniform customs procedures, is seen as an important step towards the
completion of the ASEAN Free Trade AREA (AFTA) launched in 1992.

ASEAN has targeted 2010 for its six founding members Brunei, Indonesia,
Malaysia, the Philippines, Singapore and Thailand to achieve the AFTA
goal, and 2015 for new members Cambodia, Myanmar, Laos and Vietnam.

Philippine Finance Secretary Jose Camacho, who chaired the two- day
regional forum, also said that he is sure there will be "good progress in
our continuing discussions" on developing a regional bond market, which is
among the top agenda of Wednesday's meeting and Thursday's talks between
ASEAN ministers and their counterparts from China, Japan and South Korea.
____________

The Irrawaddy   August 07, 2003
Foreign Banks Refuse Letter of Credit
By Kyaw Zwa Moe

Banks in Singapore have stopped accepting Letters of Credit (LC) from
Burmese banks since the enactment of tough US sanctions, sources said.

Branches of the Standard Chartered Bank and HSBC Bank in Singapore have
already began refusing Letters of Credit, but businessmen in Rangoon say
Singapore’s banks have yet to make any public statements. A source in
Singapore confirmed that other banks in the city-state, including the
Overseas Union and DBS banks, were expected to follow. Singapore is
Burma’s most important trading partner.

A letter of credit authorizes a transfer or withdrawal from one bank to
another and is an important method for businessman to get money out of
Burma.

The state-run Burmese banks at the center of the problems include the
Myanma Foreign Trade Bank (MFTB), the Myanmar Investment and Commercial
Bank and the Myanmar Economic Bank. The banks are the only institutions
that handle foreign exchange transactions in the country. All Burmese
citizens and foreign companies who deal in other currencies have to
deposit their money in one of the three banks.

At the end of July, US President George W Bush signed-off on sanctions on
Burma to push Burma’s ruling military to release opposition leader Aung
San Suu Kyi and work towards democracy.

The bill bans Burmese imports to the US and freezes the American assets of
junta officials. The bill also blocks the trade of financial services
between Burma and the US. As an economic analyst in Rangoon explained,
Burma’s import and export activities rest mainly on the use of US
currency.

"Those businesses which deal with the dollar have stalled for the time
being. Businessmen are trying to find a way out of the problem," the
economist said. "The banks like the MFTB don’t know what to do, that’s why
those businesses have stopped trading."

A businessman in Rangoon said the latest problems represent the first blow
from US sanctions. "We can’t continue our business because there is a
freeze on our accounts. The situation is likely to get worse soon," he
said.

Moreover, many in Rangoon’s business circle are worried that other
financial institutions abroad will follow Singapore’s example.

Heightened US sanctions have had a much larger impact than many first
imagined. Credit card transactions are also barred, and Burma’s top hotels
currently only accept cash.


REGIONAL

Agence France Presse   August 6, 2003
Thai PM brushes off criticism from US senators

BANGKOK: Thai Prime Minister Thaksin Shinawatra on Wednesday brushed off
accusations from US senators that Thailand had suppressed democrats from
Myanmar and a warning that they expected more from a US ally.

Arizona Senator John McCain fired off a letter to Thaksin, dated August 1,
citing "credible, first-hand reports" that the Thai government had taken
steps to curtail activities of Myanmar democracy activists in border
areas.

"As a friend of Thailand, I write to express my deep concern over recent
actions by Thai authorities along your border with Burma," McCain wrote in
the letter, obtained by AFP.

The reports suggested the Thais were hampering assistance to refugees from
Myanmar, formerly known as Burma, and intimidating members of ethnic
groups opposed to the military regime in Yangon, McCain wrote.

He also alleged that Thailand had taken steps to silence Myanmar democracy
activists on its territory, and imposed pressure on ethnic groups to sign
peace agreements with the Yangon junta.

Thaksin said he had not received any letter but when told of its contents,
insisted Thailand had done the best it could for refugees fleeing
Myanmar's repressive military regime.

"We are doing our best. What do you want us to do? Give them big mansions
to live in?" he said. "As we are an ally, not a subordinate, he (McCain)
should advise, rather than order."

Opposition in the US Congress to Thaksin's stance towards Myanmar, viewed
in Washington as a pariah state, has prompted some senators to insert a
threat to Thailand's assistance from the United States in 2004 draft
spending bills.

The stipulation, if passed into law, would require the US Secretary of
State to certify that Thailand supports democracy in Myanmar, is "taking
action to sanction" the Yangon regime, is not hampering humanitarian
assistance to people in Thailand who have fled Myanmar, nor forcibly
repatriating refugees.

US assistance to Thailand requested in fiscal year 2003 spending bills was
worth 10.75 million dollars, mainly contained in anti-drugs aid, military
training programs and development aid.

Thaksin said Thailand did not need any US help.

"We do not want monetary assistance. Thailand under my administration does
not need to ask for any monetary assistance," he said, adding that
government lottery profits would cover that amount of money in a short
period.

The criticism from the senators comes two months after Thaksin visited
President George W. Bush at the White House -- for talks both men used to
express concern over Yangon's treatment of opposition leader Aung San Suu
Kyi, arrested on May 30.

"I and President Bush understand each other," Thaksin said.

"There might be some senators that the government cannot control so they
have come out to criticise their government."

Condemnation from the senators is expected to mount as Bush prepares to
travel to Bangkok for the Asia Pacific Economic Cooperation (APEC) forum
in October, congressional sources have said.
_________

Chinland Guardian   August 7, 2003
Eviction of Chin Refugees Continues Despite Government’s Appeal
By Salai Za Uk Ling

The number of "foreigners" forced to return to Burma are growing,
according to a report by Zoramworld Internet news. The number of those
sent to India-Burma border has jumped to 3348, a dramatic increase from
yesterday, which was reported as 2723.

The report came as the Mizoram State government warned yesterday of
government’s action against those taking the law into their own hands by
illegally evicting Burmese immigrants from their homes. Home Minister R.
Tlanghmingthanga commented yesterday after a meeting with local
non-governmental organizations. The Home Minister said people must heed
the orders given by the government and that no citizen has the right to
drive out or intimidate another citizen unless otherwise authorized by the
law.

In recent days, the Mizoram government has come under mounting pressure
from NGOs and local groups to intervene in the crisis, which started when
an angry mob destroyed buildings and forcibly evicted Chin nationals from
Burma following a local newspaper reported the rape of a minor girl
allegedly by an immigrant from Burma. Among the organizations that have
appealed for government intervention is the Mizoram Bar Association, which
said that government must step in to prevent a violation of human rights,
which could have an ugly consequence.

In a press release yesterday, Chin Human Rights Organization, a group that
has been campaigning for the right of Chin people, said it is concerned
about the safety and well being of those who have been subjected to
eviction and deportation.  CHRO said it has evidence that Chin refugees
who were deported to Burma on the previous occasion were arrested and
imprisoned by the military regime of Burma.

Despite government’s appeal, activities of forced evictions are reported
in various towns and localities. In parts of Aizawl, Lunglei and Champhai,
Chin refugees have been told to pack up and leave before India’s
Independence celebration on August 15.

Mizoram State is home to more than 50,000 Chin refugees who fled
atrocities and human rights violations in the Chin State of Burma. Heavy
militarization of the Chin region has been blamed for widespread human
rights abuses, including forced labour, religious persecution, forced
relocation, arbitrary arrest and summary execution.

According to New Delhi-based United Nations High Commissioner for
Refugees, its mandate in India does not extend as far as northeast India.
In the absence of international protection being provided to the Chins,
they are labelled as ‘illegal immigrants,” and are frequently caught in a
campaign against foreigners, which often resulted in their forced return
to Burma.
__________

Far Easter Economic Review   Issue cover-dated August 14, 2003
Black Sheep: Asean is embarrassed by the detention of Aung San Suu Kyi.
But Burma is unlikely to clean up its act
By Rodney Tasker and Bertil Lintner/BANGKOK

YOU CAN BE PRETTY SURE that something unusual is going on when Malaysian
Prime Minister Mahathir Mohamad sides with Western democracies in a
dispute involving an Asian neighbour. But that is what happened on July 20
when Mahathir warned that Burma's continued detention of democracy
activist Aung San Suu Kyi might ultimately lead to the country's expulsion
from the Association of Southeast Asian Nations.

Suu Kyi was taken into "protective custody" by Burmese authorities on May
30, an act that soon grabbed the attention of the United States, the
European Union and Japan. The U.S. on July 28 clamped tighter sanctions on
Burma than had been in place before, Japan suspended all aid and the EU
said it was considering similar measures.

It is likely that Mahathir, who championed Burma's entry into Asean in
1997, was really just venting his frustration about what might seem like a
betrayal. Few Asean observers think that Burma would actually be kicked
out of the group.

Still, Mahathir and Burma's other Asean partners are smarting from the
critical international attention, which probably explains why the
10-country grouping broke from its traditional non-interference in each
other's internal affairs by calling for Suu Kyi's release. A week later,
Thailand offered a "road map" designed to help Rangoon achieve stability
and even democracy.

"The generals' misrule in Burma damages Asean's interests," says a Western
diplomat in Rangoon. Sunai Phasuk, spokesman for regional human-rights
organization Forum Asia, sums up an increasingly common opinion in the
region: "Burma is Asean's shame."

Perhaps, but there seem to be multiple motives for the unusual
intervention by Burma's neighbours. Thailand's proposed road map, which
diplomats say has not actually been put down on paper, was basically just
a set of ideas conveyed to Burma's Win Aung on his visit to Bangkok on
August 1.

Cynics say the road map is most likely an effort by Prime Minister Thaksin
Shinawatra to lift his own profile. Under this theory, with Mahathir
planning to step down as Malaysia's prime minister in October and
Singapore's Lee Kuan Yew increasingly in the background on Asean matters,
Thaksin may see an opportunity to fill a leadership vacuum.

A Bangkok-based senior Western diplomat, however, cautions: "I wouldn't
dismiss the road map as some cynical, publicity-grabbing move." Thai
Foreign Ministry spokesman Sihasak Phuangketkeow insists that the road map
"is not an academic exercise. We are concerned about the situation [in
Burma], and we want to see real and lasting reconciliation and
democratization."

As Thai Foreign Minister Surakiart Sathirathai has pointed out,
instability in Burma could lead to a further wave of illegal Burmese
immigrants entering Thailand. There are an estimated 1 million such
Burmese already in Thailand. Thaksin, in a July 26 radio talk, also noted
the huge amount of Burmese methamphetamine drugs smuggled into Thailand.
Continued instability could easily make the problem worse.

There are other legitimate concerns as well. Singapore, Thailand and
Malaysia are, along with Britain, the top four investors in Burma. That
means these Asean stalwarts have a critical financial stake in the
stability and progress of Burma, not just an interest in the bad publicity
that Rangoon is attracting.

THE GENERALS PROBABLY WON'T BE MOVED

All of which is likely to have little impact on the generals who run
Burma. There is scant likelihood that Rangoon will release Suu Kyi on any
timetable but its own or start moves towards democracy any time soon. As
Burmese Foreign Minister Win Aung said while visiting Bangkok on August 1:
"We need time to work things out. What I can say now is the problem is
very complicated and we can't rush into any conclusion."

So despite what Forum Asia's Sunai calls "a rather drastic change in
Asean's position," it seems Burma's ruling junta is not about to grant any
concession on behalf of Suu Kyi. Thailand's fear is that this
intransigence will only make the situation worse. After all, Thailand was
not long ago a country where generals frequently took political matters
into their own hands. Bangkok knows the dangers.
__________

Kyodo News Service   August 7, 2003
Japan, Thailand Reconfirm Cooperation for Suu Kyi’s Release

Tokyo: Japan and Thailand agreed Thursday (7 August) to further cooperate
to help achieve the release of Myanmar (Burma) pro-democracy leader Aung
San Suu Kyi following Thailand's proposal to help Myanmar compile a "road
map" for reconciliation and democratization, Japanese officials said.

In a telephone conversation, Japanese Foreign Minister Yoriko Kawaguchi
and Thai Foreign Minister Surakiart Sathirathai reconfirmed that it is
important for Myanmar's military government to promptly release Suu Kyi
and promote democracy, the officials said. Kawaguchi and Surakiart
exchanged views on how Thailand's proposal can be further advanced, they
said.

Thailand has proposed that Indonesia, which currently holds the rotating
presidency of the 10-member Association of Southeast Asian Nations, set up
a working group to help Myanmar formulate the plan to move towards
reconciliation and democratization in the country.

Myanmar's military government detained Suu Kyi and other leaders of the
National League for Democracy on 30 May in northern Myanmar following what
the junta claims was a clash between Suu Kyi's supporters and backers of
the junta.
__________

Xinhua General New Agency   August 7, 2003
Japan, Laos express concern at Suu Kyi's prolonged detention

TOKYO: Japanese Foreign Minister Yoriko Kawaguchi and her Laotian
counterpart on Thursday expressed concern over the prolonged detention of
Myanmar's opposition leader Aung San Suu Kyi.

"Ms. Suu Kyi should be released immediately and political freedom for the
NLD (National League for Democracy) should be guaranteed," Kawaguchi was
quoted by Kyodo News as telling visiting Laotian Foreign Minister Somsavat
Lengsavat.

Kawaguchi also told Somsavat that the issue could damage the integrity of
the Association of Southeast Asian Nations (ASEAN) and that the group
should work toward its resolution, Kyodo said.

Somsavat was quoted as telling Kawaguchi that the issue is a problem not
only for Myanmar but for ASEAN.

He also told Kawaguchi he will convey Japan's message to Myanmar's Foreign
Minister Win Aung when he next has a chance to meet him.

Myanmar detained Suu Kyi and other NLD leaders on May 30 following a clash
between her supporters and backers of the government.


INTERNATIONAL

U.N. Wire   August 6, 2003
U.N. Envoy Says Progress Needed In Myanmar
By Steve Hirsch

WASHINGTON — U.N. envoy Paulo Sergio Pinheiro has told U.N. Wire that
unless there is human rights progress in Myanmar, there would be no point
in him returning to that country.

Pinheiro made his comments this week during a phone interview from Geneva,
following a Radio Free Asia report that he would re-evaluate his mandate
to engage the government without further progress.

"If I don't see any progress, I don't think that my presence can be
useful," he told U.N. Wire.

He said that fact-finding and cataloging of human rights violations can be
done by others, but if the ruling State Peace and Development Council does
not release political prisoners, "I cannot keep repeating the same thing
forever."

In addition to release of prisoners, he called for release of imprisoned
National League for Democracy leader Aung San Suu Kyi and her opposition
colleagues, held since May 30 attacks on the opposition.

Although the Yangon government is promising to release Suu Kyi, he said he
is "not very hopeful."

Pinheiro said Myanmar has "lost one year of confidence building" and
suggested that the SPDC produce a road map or plan for the months ahead.

He also said the government has told him that the March bugging of his
interviews with political prisoners was the work of junior officers and
that he is satisfied with the explanation.
__________

Free Burma Coalition   August 7, 2003
Protesters Arrested at Burmese Embassy on Anniversary of 1988 Uprising and
Massacres
Calls for Intervention in Burma, Expulsion of Regime's Ambassador 15 Years
After Bloody Crackdown on Democracy Movement

WASHINGTON, D.C. - Three female protesters calling for an end to massacres
by Burma's regime and for intervention in Burma were arrested this morning
about 11:00AM after attempting to drop a banner off the front balcony of
the regime's embassy. Two women climbed a ladder to the balcony where they
were roughed up and grabbed by embassy staff before Secret Service
officers arrested them. The regime's embassy staff physically prevented
the women from unfurling a banner reading "EXPEL THE AMBASSADOR NOW."
Across the street, about 70 people gathered, including many Burmese
refugees and dissidents in exile, condemning the regime's ongoing
crackdown on Burma's democracy movement and remembering Burma's largest
uprising for democracy fifteen years ago on August 8, 1988. Charges
against the women have not been announced, although they are expected to
go before a judge tomorrow morning.

Onlookers condemned the harsh way in which the regime's embassy staff
treated the women. "They roughly grabbed them - there was no reason for
it. They treated these women like criminals, yet it is the regime who are
the criminals," says Min Zaw Oo of the Free Burma Coalition.

Min Zaw Oo summed up the theme of today's protest: "The international
community must forcefully respond to the regime's ongoing assault on
democracy. The regime is responding to peaceful calls for liberty inside
Burma with brutal violence - just as they did in 1988."

Fifteen years ago, Burma's regime, under the dictator Ne Win, crushed the
country's massive uprising for democracy by opening fire on unarmed
protesters and killing up to 10,000 people in cold blood. Just months ago,
on May 30th, criminals in the employ of current dictator Than Shwe
viciously attacked the motorcade of 1991 Nobel Peace Prize recipient Aung
San Suu Kyi, massacring 70 or more people. Since then, Burma's
dictatorship has held Aung San Suu Kyi and other National League for
Democracy party members in prison.

Unlike in 1988, when the massacres received little media attention, there
has been international outrage over the May 30th massacre in Depayin,
Burma, and several countries have stepped up pressure against Than Shwe's
regime. On July 28th, President Bush signed into law new sanctions against
Burma, including an import ban and a freeze on the regime's assets. Japan
has cut off new financial aid to Burma until Than Shwe releases Aung San
Suu Kyi, and the Association of Southeast Asian Nations has broken
precedent by calling for Aung San Suu Kyi's release.

The U.S. is vowing to increase pressure on Than Shwe's regime, and Senate
Majority Whip Mitch McConnell (R-KY), who championed the new sanctions
legislation, has called for the U.S. to expel the regime's ambassador.
Protesters at the embassy echoed that cry, holding signs reading: "SEND
HOME THE AMBASSADOR NOW."

"Burma's dictatorship will continue to murder democracy until the
international community gets serious about responding to the crisis in
Burma," Min Zaw Oo says. "We need action - not words."
__________

Agence France Presse   August 7, 2003
EU concerned about tower project at ancient Myanmar city

BRUSSELS: The European Union expressed serious concern Thursday at plans
by Myanmar's military regime to build an observation tower at one of the
most important heritage sites in Southeast Asia.

The EU welcomed talks between the Myanmar government and the United
Nations Educational, Scientific and Cultural Organization (UNESCO) to list
the temple city of Pagan (Bagan) as a world heritage site.

"The EU is, however, very concerned at the decision by the Burmese
(Myanmar) authorities that an observation tower is being built at Bagan
and at the implications for Bagan's heritage status," the bloc said in a
statement.

"In light of the potential effect of this project on Bagan, the EU calls
upon the Burmese authorities to consider the consequences of the
construction of this tower for the cultural heritage of Burma," it said.

UNESCO has also expressed alarm at the proposed tower, but the Myanmar
government says it would prevent tourists from climbing on fragile pagodas
and stupas to enjoy views of the historic city in the country's remote
centre.

The EU statement, issued by the grouping's Italian presidency, said
however that the tower "would be contrary to accepted international
standards on the preservation of sites of historical importance".

Pagan, a collection of nearly 3,000 10th-14th century Buddhist monuments
covering some 80 square kilometers (31 square miles), is Myanmar's
second-most visited tourist attraction after the Shwedagon pagoda in
Yangon.

In part because of the tower plans, the talks with UNESCO have been
dragging on interminably, frustrating Myanmar's ambitions to see Pagan
listed as its first world heritage site.

The EU's relations with Myanmar have long been soured over the military
regime's refusal to relinquish power.
_________

Associated Press Online   August 7, 2003
Unocal Penalized for Tardy Documents

LOS ANGELES: Unocal Corp. was penalized for submitting more than 1,300
pages of documents late in the civil case in which the oil giant is
accused of being complicit in human rights abuses in Myanmar.

Superior Court Judge Victoria Gerrard Chaney ruled Wednesday that Unocal
must provide witnesses and pay for any new depositions related to the
recently released documents. The move could lead to a delay in the trial
scheduled to begin Sept. 22.

The case involves 14 unidentified refugees from the southeast Asian nation
formally known as Burma who claim El Segundo-based Unocal shares
responsibility for slavery, murder and rape. The plaintiffs say the acts
were carried out by Myanmar's military during the 1990s construction of
the $1.2 billion Yadana natural gas pipeline. The pipeline was built by a
consortium that included two subsidiaries of Unocal.

The documents, which were turned over in May by Unocal's lawyers, may lead
to new depositions involving 15 to 20 witnesses, said Dan Stormer, an
attorney for the plaintiffs.

Chaney refused to grant the plaintiffs' motions to impose more severe
sanctions against Unocal, including the exclusion of prior testimony from
Unocal experts who had access to the documents.

Daniel Petrocelli, lead trial counsel for Unocal, called the motion for
sanctions "frivolous" and said the plaintiffs were trying to keep all
evidence from being presented at trial.

The refugees first filed their lawsuit in 1996 in federal court, but a
judge dismissed the case after ruling that Unocal had no liability. The
plaintiffs then pursued their claims under state law.

The federal case on behalf of the indigenous Myanmar farmers was
reinstated last fall by a three-judge panel of the 9th Circuit Court of
Appeals. Unocal argued in June before the full 11-judge panel that the
case should be dismissed. The federal appellate court has not yet ruled.


EDITORIALS

The Irrawaddy   August 7, 2003
Playing Hardball
By Min Zin

In  Burma, those who play hardball dominate the political game. Hardliners
in Rangoon deftly maneuver through the political process to achieve the
outcome they desire. Whether their opponents are internal or
international, bargains are made with winning in mind.

The generals have a lot of experience at playing games. In most cases,
they give the impression that they agree to the rules. Yet the junta
rarely makes concessions in their quest for victory. Past experiences show
that all rules are open to interpretation and manipulation, and stall
tactics and diversion are the regime’s preferred strategy.

A recent casualty of the junta’s manipulation is the so-called "UN
Process" initiated by UN Special Envoy Razali Ismail in 2001. Despite
winning the release of Aung San Suu Kyi, Razali and the UN appears to have
lost the game.

Razali was clearly outmatched when facing the generals. Regardless of his
willingness and access, Razali has never been able to achieve any
substantive settlement to Burma’s political stalemate. Every proposal
Razali made in order to earn a victory for openness and democracy was set
aside by the generals. The regime merely used Razali to fend off
international pressure and de-escalate the conflict. Bringing an end to
the political crisis in Burma was never in the general’s game plan.
Getting sanctions lifted and aid flowing again after the release of Suu
Kyi was.

The generals did not, however, count on Suu Kyi making such a strong
comeback or the Western nations continuing their punitive measures. Thanks
to Suu Kyi, who has never adopted a wait-and-see approach with the regime,
the opposition inside Burma launched a vigorous campaign to expand the
political space by mobilizing supporters and building morale. Suu Kyi’s
tours through the country were instrumental in achieving the opposition’s
goals. Western countries praised her courage and refused to reward the
generals for releasing her but shunning more fundamental changes.

On May 30, the rules changed. Since their maneuvering and stall tactics
did not achieve the desired result, the regime openly attacked their
opponent. Suu Kyi was detained once again and her party’s offices closed.

Anyone watching the games in Burma from the sidelines must scout the
regime if they plan on playing with Rangoon. The first note in their book
should mention the junta’s military mentality. The generals approach all
political games from a military perspective. They only negotiate from a
position of strength and security, for in war the cost of weakness is
total defeat. If they do not feel strong and secure, they buy time to
regroup, like an army waiting for reinforcements. Any process designed
without recognition of this fact will give the regime more room for
maneuvering and more time to forestall a transition to democracy.

In this regard, the "road map" recently proposed by Thailand might run the
risk of playing into the regime’s hands. If Thailand is serious about
achieving freedom for Suu Kyi and democracy for the Burmese people, they
must design their "road map" carefully. With the risk of UN sanctions a
real concern for Rangoon, another cheap victory would greatly benefit the
generals. Agreeing to the "road map" should not allow the regime to
postpone punishment but retain power. If participation alone reaps rewards
then more manipulation can be expected.

Whether or not the generals will agree to the "road map" remains to be
seen. The generals’ response has been cool thus far. Rangoon and Bangkok
have clashed recently on the issues of cross-border incursions, drugs and
migration, so cooperation is not guaranteed. Many feel the regime prefers
US involvement, since early this year they invited the Americans to
participate in Burma’s reconciliation process.

The Thais also must assure that all parties accept their proposal.
Unfortunately, many Burmese view the Thai authorities with skepticism, due
to their close links with the generals.

Opposition members are approaching the Thai’s proposal with caution. Until
concrete details emerge, their mindset will remain one of suspicion. "We
prefer that a credible multilateral body address the Burma issue," Khun
Htun Oo, the leader of the Shan Nationalities League for Democracy, said
from Rangoon. "I doubt if Thailand has such good record."

Padoh Mahn Sha, general secretary of the Karen National Union, which has
been fighting for ethnic autonomy since 1948, wonders whether a new
proposal is necessary, considering the existing UN initiative. "The UN can
play an intervening role with a ‘real stick,’" he said.

Many opposition activists inside Burma prefer an Association of Southeast
Asian Nations (Asean) mission to Rangoon over the Thai proposal. "Instead
of Thailand, Asean should take the lead," says Thakin Chan Tun, a veteran
politician in Rangoon. "But an Asean initiative must complement the
existing UN process, and if necessary the initiative should support any UN
Security Council action on Burma."

Dissidents in exile are more cynical. Some ridicule the Thai "road map,"
speculating that it may include promises to launch crackdowns on
opposition members in Thailand to secure Rangoon’s participation.

Concurrently, the once defeated UN Special Envoy Razali Ismail appears to
be gaining an advantageous bargaining position, since countries such as
Japan gave him their backing after the May 30 violence. That gives the UN
another opportunity to play the third party role. With the world’s most
powerful nations watching, it can exercise more leverage over the Burmese
generals, using carrots and sticks. Perhaps then Rangoon will yield their
inflexible positions and finally embrace compromise.

A new match-up between the UN and the junta could be played by different
rules due to Washington’s commitment to a democratic transition in Burma
and its coordination with regional powers to achieve that goal. With such
backing, the UN can take the initiative to design and manage the process,
something previously left largely up to the regime. The UN can also bring
real power to bear on the proceedings and push the junta towards an
acceptable outcome. Finally, they can use their influence—and the threat
of sanctions—to guarantee the outcome and ensure continued compliance.

Third-party intervention has been a central feature of Burma’s
reconciliation process for years, and is always welcomed. The conflict is
too deep-seated to ignore the invitation of those willing to intervene.
But third parties must be armed with a good game plan for countering the
manipulative nature of generals and the hardball politics of Burma.
Otherwise, the thugs in Rangoon will bend the rules once again and offer
more empty promises, winning another cheap victory at democracy’s expense.
____________

The New York Times   August 7, 2003
The Court of Last Resort
By Arlen Specter; Republican of Pennsylvania, Member of the Senate
Judiciary Committee.

DATELINE: WASHINGTON: The events of 9/11, as well as the war in Iraq,
require our government to intensify its efforts to combat terrorism. So it
is more important than ever that we do our utmost to show the world that
we will enforce human rights laws evenhandedly.

Fortunately, the United States already has the tools to lead by example.
The Alien Tort Claims Act, passed in 1789 by the first Congress, allows
aliens -- that is, people who are not citizens of the United States -- to
sue in federal court for a "violation of the law of nations or a treaty of
the United States." More than two centuries later, in 1992, the Torture
Victim Protection Act became law. This law creates a right for victims --
even aliens -- of state-sponsored torture and summary execution in other
countries to sue in federal court here.

Despite this history, the Justice Department has decided to contest the
application of these laws by federal courts to human rights violations.
Protecting human rights through litigation, according to the
administration, might disrupt relations with some of our allies. In a
pending federal case involving slave labor in Burma, the Justice
Department argued that this and similar lawsuits may complicate foreign
policy by angering nations helping fight terrorism.

In 1992, the Justice Department made a similar argument. Congress
considered and rejected it, as did President George H. W. Bush. Both the
president and Congress recognized that suits brought under these laws will
not be successful against sitting governments and leaders who have
immunity. They will bear fruit only when used against former leaders and
corporations that have violated fundamental human rights laws recognized
since the trials of Nuremberg.

These two laws cover only the most extreme violations of international
law. The Alien Tort Claims Act has been interpreted to apply only to
genocide, war crimes, piracy, slavery, torture, unlawful detention and
summary execution. The Torture Victims Protection Act is limited to
torture and summary execution. There is no room for moral relativism.

American credibility in the war on terrorism depends on a strong stand
against all terrorist acts, whether committed by foe or friend. Our
credibility in the war on terrorism is only advanced when our government
enforces laws that protect innocent victims. We then send the right
message to the world: the United States is serious about human rights.