BurmaNet News: December 24, 2003

[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.