(no subject)

[editor at burmanet.org]

December 24, 2003, Issue #2394

INSIDE BURMA
Bangkok Post: No progress in bid to hold peace talks

MONEY
VNA: Vietnam, Burma discuss ways to boost trade

REGIONAL
Asahi: Invisible Labor: The Case of a Burmese Asylum Seeker Indicates
Bangkok Post: Third Army chief replacing Thaksin
Irrawaddy: Dollars Over Dissidence

INTERNATIONAL
SHAN: Shadow UN to be reactivated

OPINION/OTHER
Asian Tribune: Saw Ba Thin Sein Emphasise on Peace in his New Year Message
Amnesty International: Myanmar: Amnesty International's Second Visit to
Myanmar Official Statement


INSIDE BURMA
___________________________________

Bangkok Post, December 24, 2003
No progress in bid to hold peace talks
By Supamart Kasem – Tak

Attempts to organise peace talks between Rangoon and the Karen National
Union have so far been fruitless as the two sides can not agree where the
meeting should be held, KNU vice president Bo Mya said yesterday.

Gen Bo Mya said the ruling State Peace and Development Council had
rejected the KNU's proposed venue in Bangkok, preferring the talks be held
in Rangoon.

``Rangoon's reason was that internal affairs should be discussed inside
Burma, but the KNU wanted the meeting to be held in a third country
because talks held in the past in Rangoon have collapsed,'' he said.

Gen Bo Mya was speaking during a Karen New Year celebration at Mi Aye Bu
Camp, opposite Tak's Mae Sot district town, attended by KNU executives and
about 500 Karen people from KNU-held areas.

Five KNU negotiators left on Dec 3 for talks with the military regime in
Rangoon after being approached by Burmese defence ministry spokesman San
Pwint on Nov 23.

They now have a ``gentleman's agreement'' to stop fighting to create an
atmosphere conducive to peace talks.

The armed Karen insurgents, who have been fighting for autonomy from
Rangoon for 54 years, believe chances for talks with the junta are still
possible if the Burmese government agrees to its fresh proposal for the
meeting to be held in Myawaddy border town.

The talks to end the fighting could take place in the town on the
condition that Burmese armed troops stationed there must withdraw first,
Gen Bo Mya said.

He told the participants that everybody, including the Burmese at refugee
camps in Thailand, could return home safely if the peace talks proved
successful.

But Gen Bo Mya also urged Burmese refugees at Baan Mae Khongkha in Mae
Hong Son to think twice about fleeing to Burma to avoid being relocated to
new shelters in Thailand, citing safety problems in Burma for the time
being.


MONEY
___________________________________

VNA, December 24, 2003
Vietnam, Burma discuss ways to boost trade

Bangkok as received , 24 December: Vietnamese and Myanmar Burma trade
officials met in the second session of the Joint Governmental Commission
for Economic Cooperation in Yangon Rangoon on 22-23 December to seek ways
to boost bilateral trade in the future. The session, co-chaired by
Vietnamese Trade Minister Truong Dinh Tuyen and Myanmar Commerce Minister
Brig-Gen Pyi Sone, reviewed the implementation of agreements reached at
the first session that took place in Hanoi last October.

Participants agreed unanimously that the two countries' trade ties have
improved since then. According to statistics, Vietnam has traded a total
of 26m US dollars-worth of goods with Myanmar, including 11m US dollars in
exports and 15m US dollars in imports, by November this year. At the
meeting, both ministers affirmed that the two countries will be able to
surpass a target of 30m US dollars in two-way trade set for 2005. At the
session, officials worked on practical measures to tear down barriers
towards increasing two-way trade value by 10m US dollars next year. They
were committed to facilitating the registration of trademarks and trade
promotion activities in each other's country. Furthermore, they discussed
ways to create favourable conditions for and cooperate in the areas of
investment, tourism and the building of a road from Myanmar to Vietnam via
Laos.

The two ministers agreed to hold the third session of the commission in
Vietnam in late 2004. While in Myanmar, Trade Minister Truong Dinh Tuyen
met with Prime Minister Gen Khin Myunt who stressed that as new ASEAN
members, Myanmar and Vietnam should give each other preferential policies
to accelerate bilateral trade cooperation for the interest of each nation.
The Myanmar prime minister expressed his hope that with untapped potential
of cooperation and concerted endeavours, the two countries' trade ties
will make new developments. Later on Monday morning, Minister Tuyen met
with 80 Myanmar businessmen to discuss business deals and investment
opportunities in Vietnam.

REGIONAL
___________________________________


Asahi, December 24, 2003
Invisible Labor: The Case of a Burmese Asylum Seeker Indicates
By Taro Karasaki

Khin Maung Latt has everything an employer would want in a worker-except
legal status to reside here.

That is why his boss, Katsuhiko Yoshida, has gone to extremes in gathering
petitions and speaking in public for the government to let Khin Maung
Latt, a 46-year-old Burmese detained for having no visa, gain residency
status so that he, his Filipino wife and two daughters can stay.

"He is an earnest and devoted worker. He has something that has been
missing in young Japanese recently," said Yoshida, a 59-year-old Tokyo
trucking company president who hired Khin Maung Latt more than 10 years
ago.

Yoshida and others say there is more to the case than just visa requirements.

Yoshida said that if Japan deports Khin Maung Latt, it would be a death
knell for employers of foreign laborers here.

In an age where the work force is slowly shrinking and traditional work
ethics are becoming a thing of the past, Yoshida said small companies like
his, whose work is considered "dirty, dangerous and low paying," cannot
survive without foreign employees.

But he said he fears Khin Maung Latt's case shows this country is not
ready to properly deal with foreign workers in terms of legal, labor and
human rights.

"Before Japan discusses the issue of bringing in foreign labor, it should
seriously consider this case," said Shogo Watanabe, a lawyer representing
Khin Maung Latt. "Workers are not robots, but human beings. And they have
lives to live."

The case of Khin Maung Latt has much in common with other undocumented
foreign laborers and foreign vocational trainees and students who serve as
an "invisible" labor force. These cases have prompted criticism against
the policies Japan has pursued in allowing foreign labor to enter the
country in the first place.

Many critics say that the arbitrary policies and lack of a proper system
to address the needs of foreign workers have caused a plethora of
problems, including grievances over unpaid wages and benefits,
labor-related accidents and high medical costs.

In addition, the Khin Maung Latt issue points out inconsistencies in the
government's policies.

Yoshida and Watanabe said Khin Maung Latt has been paying national pension
and health insurance fees since 2000, after the Social Insurance Agency
reversed an earlier denial on grounds he is not a Japanese national.

"The government has condoned the fact that he has been working," Watanabe
said.

Khin Maung Latt came to Japan in 1988 to escape the junta in Myanmar
(Burma), entering with a student visa. But his visa expired in 1992.

He later applied for political asylum, but that request was rejected by
immigration authorities and the Tokyo High Court. Khin Maung Latt and his
family are now without legal status to reside in Japan, although he was
released last week from detention by the Tokyo Immigration Bureau and his
case is being appealed.

Yoshida described the Burmese asylum seeker as a "savior," adding that the
government should help-not punish-foreign workers like Khin Maung Latt.

"His absence has had a large impact on the morale of other workers,"
Yoshida said.

Khin Maung Latt volunteered to fill in for other compatriots on numerous
occasions at the company. He was recently promoted to a middle-rank
manager post in charge of assigning workshifts for other employees.

Some say that past Japanese government decisions have led to such problems
facing Khin Maung Latt.

"Japan officially has said no to manual labor. But in practice it has
encouraged such labor to come in. It's like a back-door policy," said
Masao Niwa, an Osaka-based lawyer engaged in numerous cases involving
foreign laborers' rights.

Niwa said that when the economy was roaring, Japan drew in many foreign
laborers, only to "dispose" of them when the economy soured by cracking
down on those whose visas had expired.

To cope with a labor shortage brought about by the rapid economic growth
in the late 1980s, Japan revised its immigration law to grant special
residency status for Latin Americans of Japanese descent and their kin and
eased regulations for accepting foreign vocational trainees. The
government also waived visa requirements in mutual agreements signed with
labor exporting countries such as Bangladesh and Iran.

But the visa arrangements were scrapped in the early 1990s after concerns
were raised over the influx of people from those countries.

The end result has been more than 220,000 undocumented, or illegal,
laborers in Japan, according to nongovernmental organizations.

"As the government has failed to recognize their existence, they have
failed to address foreign workers' needs," said Katsuo Yoshinari, head of
the Tokyo-based Asian People's Friendship Society, a nongovernmental
organization that has provided consultation and support activities for
overstayers.

An interim report by Nippon Keidanren (Japan Business Federation) in
November addressed the need to establish a "transparent and stable system
for accepting foreign labor," including manual labor. In addition, the
nation's largest business group calls for new systems that will address
the basic needs of foreign laborers to live in this country.

The same report also calls for the need to clamp down on illegal
foreigners, a clause, one Keidanren official acknowledged, intended to
appease opponents of bringing in more foreigners.

Yoshinari has mixed feelings about the report.

"The report should be lauded for raising debate, but it fails to address
key questions, such as who will bear the social cost of more foreign
laborers," he said. "If such issues are not addressed, the introduction of
more foreign laborers will bring more chaos, not just in terms of
increased crime, but more human rights problems and social costs."

___________________________________

Bangkok Post, December 24, 2003
Third Army chief replacing Thaksin
By Wassana Nanuam Yuwadee Tunyasiri

Third Army commander Lt-Gen Picharnmeth Muangmanee will visit the
Wa-controlled township of Yong Kha, in Burma, replacing Prime Minister
Thaksin Shinawatra who cancelled the trip for security reasons.

Mr Thaksin had planned to visit Yong Kha to jointly preside over the
opening of a hospital there with Gen Khin Nyunt, his Burmese counterpart.
However, he cancelled the trip after his advance security team said it
would be too risky, a security officer said.

The officer said Rangoon did not have full control over Yong Kha and its
surrounding areas which were known to harbour anti-Rangoon elements as
well as drug-trafficking gangs which had been hurt by the Thai
government's war on drugs.

Both Mr Thaksin and Gen Khin Nyunt could be potential targets of those
hostile groups. Also, the advance security team was not fully comfortable
with the security arrangements provided by Rangoon, the officer said.

Army chief Gen Chaisit Shinawatra backed Mr Thaksin's decision, saying the
trip was not worth the risk involved.

He had learned from intelligence reports that anti-Rangoon forces or drug
traffickers may try to create a situation that would poison Thai-Burmese
ties, Gen Chaisit said.

Mr Thaksin said he cancelled the visit to Yong Kha because he had a far
more important business to attend to, including the Thai Rak Thai party's
general assembly on Friday and Saturday.

His decision would not cause any displeasure in Rangoon because the matter
had already been discussed with the Burmese leadership.

Lt-Gen Picharnmeth, co-chairman of the Thai-Burmese Joint Border
Committee, would make the visit on his behalf, Mr Thaksin said.

Under the original plan, Mr Thaksin was to preside over the opening of a
hospital in Yong Kha and inspect progress of a project to promote
cultivation of cash crops that would replace drug crops.

Rangoon had planned to send three Russian-made MI-17 helicopters to fly Mr
Thaksin and his party to Yong Kha, with the Thai prime minister and his
Burmese counterpart Gen Khin Nyunt on board the same aircraft.

On their way from Tachilek to Yong Kha, the helicopeters would have to fly
over rugged terrain and dense forest areas where security risks were very
high.

Thailand has provided 20 million baht to help fund the crop substitution
project at Yong Kha. The project, which is under direct supervision of M.R
Disnadda Diskul, chief executive of the Doi Tung Development Project, has
won much praise from Rangoon.

___________________________________

Irrawaddy, December 24, 2003
Dollars Over Dissidence
By David Fullbrook

December 24, 2003—Sok Yoeun is a sickly, snow-haired, 72-year-old man, who
has spent the last four years in Thai prisons. He faces extradition to
Cambodia on charges of political assassination after a Thai judge
dismissed his appeal on 28th November. This despite his UN refugee status
and a pending offer of resettlement in Finland.
Never mind that Yoeun's lawyers learned about the hearing only after it
took place and that political cases are exempt from the Thai-Cambodian
extradition treaty. "It is very, very strange that Thailand will extradite
Sok Yoeun, who has obtained person of concern status from UNHCR [UN High
Commissioner for Refugees]," says Somchai Homla-or, secretary-general of
regional human rights for NGO Forum Asia and chairman of the Law Society
of Thailand's human rights committee.
"Typically, being under the protection of the UNHCR offers pretty good
cover for refugees in Bangkok, as it's supposed to be binding under
international law," says a Thailand-based foreign human rights campaigner
who is familiar with the Yoeun case. "Maybe Sok Yoeun thought that he was
safe given his legal status here."
Yoeun stands accused of masterminding a failed assassination of Prime
Minister Hun Sen in Siem Reap in 1998. Many worry that because Yoeun is a
senior member of the opposition Sam Rainsy party, he may face torture and
a guilty verdict. Concerned groups include the UNHCR and Amnesty
International, which has given Yoeun prisoner of conscience status, which
even Nelson Mandela never attained. Others involved in the assassination
attempt were tried and acquitted.
"Part of me thinks that this might augur well for Sok Yoeun," says the
campaigner. "At least if the case goes to court in Cambodia there's a good
chance the whole thing might be thrown out once and for all. The downside
is that there's also a good chance he'll get tortured before he's had his
day in court."
The hasty extradition hearing came at a time of intense political
jockeying in Cambodia, as Hun Sen's dominant CPP party struggles to press
gang one of the opposition parties into forming a coalition government.
"Sok Yoeun has become a pawn in Cambodian politics," says Somchai. "Hun
Sen might use Sok Yoeun to pressure Sam Rainsy into joining him." Sam
Rainsy is head of the party of the same name.
Once seen as a safe haven for refugees fleeing political violence,
Thailand has lately been clamping down on some dissidents. Their presence
annoys neighboring governments, who want no obstacles to doing business
with Thailand, increasingly seen as the economic superpower of the Mekong
region.

"The situation of refugees in Thailand is getting worse because of the
Thaksin government's policies," says Somchai. "While Thailand is not a
signatory of the 1951 Refugee Convention, it nevertheless has obligations
under international customary law and other international treaties."
So for refugees fleeing political oppression abroad, the climate in
Thailand is growing chilly. And Yoeun’s not the only one feeling the cold.
Burmese refugees staging peaceful protests have been arrested and held
arbitrarily on immigration charges, even though their right to protest is
guaranteed under international law.
"I think it has been the government's policy to crack down on Burmese
opposition in Thailand," says Senator Kraisak Choonhaven, chairman of the
Senate Foreign Relations Committee and a senior government adviser.
"Thailand does not want to be seen as supporting dissident elements
against the military council [SPDC], now that talks [regarding the
drafting of the new constitution] are going on."
Kraisak finds this situation highly contradictory, as any successful
attempt to write a constitution, and bring peace and democracy to Burma,
must allow all voices to be heard.
Even medical staff are under threat. Dr. Cynthia Maung and her colleagues
were told on 28 September that they are illegal workers and should prepare
for deportation to Burma, 14 years after they established a clinic in
Thailand's Mae Sot. This border town draws many Burmese refugees, workers
and villagers in search of medical treatment from the famed doctor,
recipient of the 2002 Magsaysay award. Should she and her team be pushed
back to Burma in violation of international norms, the military is likely
to welcome them with open arms – arms holding manacles, that is.
"If deported to Burma [Myanmar], Dr. Cynthia and her staff, most of whom
are ethnic Karens, would face a serious risk of arbitrary detention and
mistreatment by Burma's brutal military government," said Brad Adams,
executive director of Human Rights Watch Asia, in an official statement.
So far such extreme measures have not been taken, as the foreign and
interior ministries have the final say. But the threats have definitely
caused activist refugees to lower their profiles.
Kraisak worries that these well-publicized moves to appease governments in
Cambodia and Burma may ultimately create a backlash. "In the future our
neighbors may judge Thailand to have acted harshly," he says.
Prime Minister Thaksin Shinawatra's government has been working hard to
curry favor in Rangoon and Phnom Penh, despite the anti-Thai riots in the
latter earlier this year. And some ministers, especially Deputy Prime
Minister Chavalit Yongchaiyudh, are well known for their close ties with
Burma's junta.
The Thaksin government contends that warmer relations will reduce
narcotics exports from factories just across the Burma border. It is also
trying to secure business opportunities for Thai companies, some of them
possibly headed by government ministers. The idea is for Thailand to fill
the vacuum created by Western corporations, which have largely shunned
Cambodia and Burma for commercial or ethical reasons.
Thailand expects a windfall: bigger profits, more jobs, a roaring economy,
and a reinforcement of its economic hegemony. "They now want to invest a
huge amount in developing the Mekong region," says Somchai. "But that
should not be done if it means sacrificing human rights. If the countries
in the region don't respect human rights, how can people be happy?"

INTERNATIONAL
___________________________________

Shan Herald Agency for News, December 24, 2003
Shadow UN to be reactivated

The Hague-based Unrepresented Nations and Peoples Organization, known as
the shadow UN by some, and whose membership includes Chin, Karenni, Mon
and Shan from Burma, is currently undergoing a "re-launching" process
after years of financial setbacks, reported Wansai, Shan State's
representative to the organization.

Croatian-born Marino Busdachin, 47, who was appointed interim General
Secretary on 14 November by the steering Committee headed by Taiwan's
Parris Chang, has been given the "tough job to bring it off", he said.

Of its former members, Armenia, Estonia, Georgia, Latvia and East Timor
had gained independence and remain as supporting members. Among its 50
plus members are Tibet, Aceh, Nagaland and Kurdistan.

"After four months of continuous and laborious work (since his appointment
as Executive Director on 1 July), I feel that I can see the light at the
end of the tunnel," Mr. Busdachin reports.

However, the UNPO is still in need of funds "to break the vicious circles
of loans and debts", of its members to uphold their faith "in the work we
are doing", and of "a profound reform".

"UNPO was founded in 1991 in a political and historical context", the plan
reads. "In reference to the tremendous and rapid evolution which occurred
over the past decade, this now lies in the past. The UNPO founders
designed the organization as a Member organization linked to a United
Nations reference system. No substantial reform or adequacy was carried
through for years."

On the question of funds, it says: Considering the fact that core funding
nowadays is less available or difficult to receive, it is clear that
project funds and grants will be the main resource of the organization."
The plan also calls for the reactivation of the principle: No (membership)
quote, no vote.

Accordingly, it has been proposed to draft and present a plan to reform
the Organization within 3 months and to organize a General Assembly within
10 months, in order to approve the proposed reforms and elect a new
leadership, "willing and capable to take the renewed organization into the
21st century."

The plan does not mince words about the difficult the UNPO is facing
either. One subsection reads: The secretariat should convince Members and
potential members of the renewed relevance of the UNPO.

OPINION/OTHER
___________________________________

Asian Tribune, December 22, 2003
Saw Ba Thin Sein Emphasise on Peace in his New Year Message
By Sa Ba Thin Sein

As the whole world wants to see peace in Burma, world leaders are planning
to bring back peace to the country. For true peace to return to Burma, the
democratic forces, the ethnic forces and the SPDC military clique must
meet and find means and ways for bringing about peace."

This was emphasized Saw Ba Thin Sein, President of Karen National Union .

In his message on Karen New Year Day of First of Thalay Month 2743 Karen
Era which falls on 23 December, Saw Ba Thin Sein points out: "We, the KNU,
firmly support this position so that the questions of the ethnic
nationalities and democracy may be resolved politically for the
establishment of genuine and durable peace. However, the SPDC military
regime tried to hoodwink the people and the international community by
holding what it called National Convention."

The full text of KNU President Saw Ba Thin Sein’s Message is given below:

Dear All Karen Nationals, and Officers and Men in Arms !

The Old Year has gone by and a New Year has dawned upon us once more.
Though we have been struggling for freedom, liberation from oppression, 
self-determination and equality, for more than 50 years, we still have not
achieved our goal. We still have to be in the battlefield and we cannot
afford to wind down our effort. We must struggle on with unity until our
aims are fully achieved. Remember the miseries our people have to go
through, the tears that have fallen and the lives that have been
sacrificed for our freedom.  We, who are still alive, have the duty to
strive on for realization of aspirations of the Karen people.

Nowadays, there is a test of our will and we must not waver in our 
determination. We must stand firmly for our cause.

As the whole world wants to see peace in Burma, world leaders are planning
to bring back peace to the country. For true peace to return to Burma, the
democratic forces, the ethnic forces and the SPDC military clique must
meet and find means and ways for bringing about peace. We, the KNU, firmly
support this position so that the questions of the ethnic nationalities
and democracy may be resolved politically for the establishment of genuine
and durable peace.

However, the SPDC military regime tried to hoodwink the people and the 
international community by holding what it called “National Convention.”
It laid down a guideline and principles for its convention to ensure the
perpetuation of  military rule. For that reason, the NLD, the winner of
the 1990 election, withdrew from the convention and the convention had to
be stopped. The military regime is now trying to revive its convention. We
understand that as the guideline and principles for the convention remain
the same, it is not in consonant with our aspirations.

In fact, as called for by the UNGA resolutions, a tripartite dialogue, 
participated by the democratic forces, the ethnic nationality forces and
the  military regime must be held and, only after national reconciliation
has been achieved, more concrete step by step must be taken. A national
convention should be an arrangement only in the last stage for the
establishment of peace and unity.

For that reason, all of us must examine the prevailing situation in
detail.  We, the KNU, are never against the goal of unity and peace.
Whenever there is an opportunity for peace and unity, we always grab at it
and for that reason, we have held talks, on four separate occasions, with
successive regimes in power. We are always ready to resolve the question
of the Karen people correctly by political means. Only then, there will be
guarantee for the future of the Karen people.

May the entire Karen people be of one mind. Let’s march on with unity, to
our goal of victory!

May the New Year bring you New Strength, Unity and Joy is my wish to you
on this auspicious occasion of Karen New Year.

___________________________________

Amnesty International, December 22, 2003
Myanmar: Amnesty International's Second Visit to Myanmar Official Statement

Welcome to Amnesty International press conference following our second
visit to Myanmar from 2 - 19 December 2003. The delegates for the mission
were myself, Catherine Baber, Deputy Program Director for the Asia Pacific
Region; and Donna Guest, Researcher on Myanmar and Thailand.

Background
As you know, it is Amnesty International's policy to seek visits to all
countries around the world in order to investigate the human rights
situation and talk directly with the authorities and other actors, with
the aim of protecting and promoting human rights. Public reporting of our
findings is also integral to our work, and I thank the Foreign
Correspondent's Club of Thailand for arranging this timely opportunity for
us to convey our concerns to the widest possible audience.

Since our first visit in February 2003, we have reported the grave
deterioration of the human rights situation in Myanmar, most notably the
violent attack on National League for Democracy (NLD) in Depayin on 30th
May. At least four people were killed, and dozens of people were injured
in an attack reportedly instigated by the pro-government organization the
Union Solidarity and Development Association (USDA). At the time Amnesty
International strongly urged the State Peace and Development Council
(SPDC) to permit an independent, impartial, and effective investigation
into the 30th May events, and to bring those found responsible to justice.
Continued absence of such an investigation fuels the climate of impunity
in Myanmar.

Following the events of 30th May, there has been an upsurge in detention
of those peacefully exercising freedoms of expression and association.
These prisoners continue to be held without charge, or have been
prosecuted under repressive deeply flawed legislation in trials that do
not meet international standards for fair trial. Amnesty International
issued numerous public statements on these concerns and published a
substantial report on the administration of justice in Myanmar "Justice on
Trial" (30 July 2003, AI Index: ASA16/019/2003). We also issued urgent
appeals for dozens of individuals among over 1350 political prisoners in
Myanmar. Moreover we repeatedly reinforced our concerns in confidential
letters to the authorities.

Objectives
The specific objectives of our second visit were to:
1. Update our knowledge about all aspects of political imprisonment.
2. Raise serious concerns about the human rights situation directly with
the authorities.
3. Submit updated lists of individual cases of concern and obtain concrete
responses on the status of those detained in the context of 30 May and
since.
4. Engage in detailed follow up with authorities on our report "Justice on
Trial".

Modalities of this visit
Amnesty International specified the duration and timing of the visit and
chose to visit Yangon, Hpa'an, Bago and Mawlamyine on this occasion. The
delegation sought and received prior guarantees from the SPDC that there
would be no adverse consequences for anyone with whom we spoke and worked,
including those prisoners we interviewed confidentially with the
assistance of an independent interpreter.

As we requested, the SPDC arranged meetings with specific government
officials in Yangon and facilitated access to Insein, Bago, and Mawlamyine
prisons. The delegation itself arranged meetings with a broad range of
Myanmar civil society, particularly political party leaders from several
ethnic nationalities, as well as the international community of diplomats,
NGOs and UN officials. We cannot however report that we were granted
unimpeded access to everyone we proposed to meet. Specifically, we were
not permitted to visit Daw Aung San Suu Kyi, National League for Democracy
(NLD) General Secretary, currently under de facto house arrest. We were
also officially requested not to visit the headquarters of the New Mon
State Party (NMSP) during our visit to Mawlamyine.

We held frank discussions on our concerns with the Minister for Home
Affairs, Col.Tin Hlaing, Attorney General U Aye Maung, Chief Justice U
Aung Toe, Deputy Foreign Minister U Khin Maung Win, and senior prison and
police officials.

Substantive Issues Covered during the Visit
At Insein Prison, Moulmein Prison, and Bago Prison, officials facilitated
confidential interviews with 35 political prisoners, ranging up to two
hours each. We talked with male and female prisoners from a wide range of
backgrounds and varying terms of imprisonment. Most we consider prisoners
of conscience, people arrested solely for the peaceful expression of their
beliefs or because of their ethnicity; we call for their immediate and
unconditional release. The remainder were political prisoners who
demonstrably had not received a fair trial. The prisoners included
students and young political activists; members of armed opposition
groups; journalists; and NLD members and leaders. Over a quarter had been
arrested in 2003. These included some detained for protesting about the
30th May violence; a solitary demonstrator who called for the release of
all political prisoners; and others who had simply expressed concern about
the quality of education in personal letters.

We obtained clarification about the legal status of named individuals
detained on or after the 30 May. The SPDC acknowledged the continued
detention of 23 people (not including Daw Aung San Suu Kyi) arrested on
that day and the detention or imprisonment of 52 persons after 30 May.
However pending further information from the SPDC, this update remains
preliminary. Most of these people were charged or sentenced under Article
5j of the 1950 Emergency Provisions Act, which provides for up to seven
years' imprisonment for "anyone who causes or intends to disrupt the
morality or behaviour of a group of people... or to disrupt the security
or reconstruction of stability of the union". Disrupting the "morality"
"behaviour" or "security" are not specifically defined and have been used
to criminalize the peaceful expression of dissent for many years.

During our visit we were gravely concerned to have confirmed by the
authorities that in November seven people were sentenced to death for high
treason under 122(1) of the Penal Code. Amnesty International opposes the
death penalty in all cases. The delegation received assurances from the
authorities that commutation of these sentences was seriously being
considered. Beyond commutation however, our research over the past 14
years demonstrates that political trials in Myanmar fall far short of
international standards for fair trial. Moreover we are concerned that
some of these people may be prisoners of conscience.

As a result of detailed research conducted throughout this year and on
this visit, we have substantially deepened and updated our knowledge of
political imprisonment in Myanmar. We have the most serious concerns
about:
• Arbitrary arrests, prolonged interrogation and incommunicado detention
without judicial oversight carried out by Military Intelligence and other
security personnel. Incommunicado detention during interrogation
facilitates the use of torture and other forms of ill-treatment.
• Trials falling far short of international fair trial standards. Those
recently tried have been denied access to a lawyer or have only been
permitted to talk to a lawyer minutes before their trial. In some cases
political detainees have not been able to speak in their own defence or
cross examine prosecution witnesses. As a result, long sentences have been
handed down solely on the basis of statements provided by police officers
or Military Intelligence personnel.
• The use of administrative detention provisions repeatedly to prolong
detention of those who have already completed their sentences. At least
three elderly prisoners of conscience detained after serving their
sentences under 10a of the 1975 State Protection Act have in the last four
months had their detention renewed by one year. Amnesty International
knows of at least 21 other named individuals who are being held under this
provision.

With regard to prison conditions, Amnesty International has welcomed
improvements reported over the last few years. At the end of our first
visit to Myanmar in February 2003 we urged the SPDC to allow significant
daily social interaction for all political prisoners and access to reading
and writing materials. In our visits to three prisons we found that some
reading materials were now more generally available but writing materials
have not been permitted. Some social interaction was possible for many of
the prisoners we interviewed. However people held for weeks or even months
in pre-trial detention were not allowed visits from their families,
lawyers, or doctors.

Medical care remains inadequate for political prisoners. Serious medical
problems have been exacerbated by delayed and inadequate medical
treatment. Deaths in custody which may have been avoided with proper,
timely intervention reportedly continue to occur.

Conclusions and Recommendations

Our 17 days of meetings and interviews have expanded the range of our
information, and strongly reinforced our concerns over continued political
imprisonment in Myanmar. Through detailed discussions with the authorities
and other parties we have affirmed the validity of recommendations we have
been pursuing for a considerable time.

As we do globally, we will judge progress on human rights in Myanmar by
concrete improvements on the ground. Fine words, and vague promises for
the future without any timetable for change ultimately carry little
weight.

As with our work on all countries, Amnesty International sees its work on
Myanmar as a process. Certain human rights improvements can, with a
genuine commitment to reform, move forward with all speed. We acknowledge
that other improvements take time, like comprehensive reform of the
justice system to entrench international standards for fair trial. We have
been told to be patient, and that change may come soon. But these
assurances ring hollow in the face of continuing repression.

Ultimately there comes a time for action, and that time is now. Once
again, and in the strongest possible terms, we urge the authorities to:

1. Release all prisoners of conscience immediately and unconditionally.

They include members of parliament elect, journalists, doctors, lawyers,
teachers and young activists. These men and women have the potential to
make an invaluable contribution to the future of the country. Selective
releases of a few high profile individuals will not suffice.

2. Stop the use of repressive legislation to criminalize freedom of
expression and peaceful association.

These laws date from the nineteenth century to the present. Examples of
their use in recent months include sentencing people for staging solitary
protests, or discussing social problems in personal letters.

3. End the use of administrative detention provisions to hold prisoners of
conscience without trial or prolong the incarceration of political
prisoners who have completed their sentences.

Existing provisions (Articles 10a & 10b of the 1975 State Protection Law,
amended by law 11/91) allow for up to five years' detention without
charge, trial or recourse to appeal in the courts.

4. Address the black hole of incommunicado detention without charge or
trial carried out by Military Intelligence Personnel and other members of
the security forces.

Continued arbitrary detention under these provisions, intimidation and
harassment by the authorities have created an atmosphere of fear and
repression that will take more than rhetoric to dispel.

These concrete improvements are essential to underpin the government's
professed commitment to an inclusive, transparent reconvening of the
National Convention process. Such reforms will also create an enabling
environment for independent, impartial investigations into allegations of
serious human rights violations, such as the Depayin violence, and
continuing forced labour imposed by the military and other violations
against civilians in counter-insurgency areas.

Reconciliation and enduring security can best be achieved by protecting
rather than curtailing fundamental human rights for all the people of
Myanmar.