BurmaNet News, December 12, 2007

Editor editor at burmanet.org
Wed Dec 12 16:00:54 EST 2007


December 12, 2007 Issue # 3361

INSIDE BURMA
Channel 4 News: New footage from Burma's protests
DVB: NLD member sentenced to four years
DVB: Police chief orders clampdown on desertions

ON THE BORDER
Scoop via UNHCR: Departures of Burma refugees from Thailand top 20K
Narinjara News: 32 Burmese arrested for illegally entering Bangladesh

BUSINESS / TRADE
Mizzima News: U.S. closes loopholes in sanctions
Irrawaddy: The good, bad and ugly of China’s Shwe gas deal
Kachin News Group: Money siphoned off from KBZ bank accounts

REGIONAL
The Statesman (India): Asian voices ban must go to Burma
AP: Cambodian leader blasts report, says UN should leave Myanmar alone
The Indian Express: India, Myanmar hold high-level talks

INTERNATIONAL
AFP: Bush warns Myanmar of world sanctions
Irrawaddy: Influential magazine says next year more of same for Burma
Irrawaddy: Miss Universe 2005 not to attend Burma Beauty Pageant
Irrawaddy: Burmese Activists accuse India of opportunism

OPINION / OTHER
Bangkok Post: Burmese voices louder in 2007
Asia Times: Double vision over Myanmar crackdown - Brian McCarta

PRESS RELEASE
NCGUB: NCGUB lauds block Burmese JADE Act, House of Representatives

STATEMENT
The White House: President's statement on UN Special Rapporteur's findings
on Burma
ALRC: Myanmar/Burma: Investigatory body must be proven to exist

____________________________________
INSIDE BURMA

December 12, Channel 4 News
New footage from Burma's protests - Inigo Gilmore

New pictures reveal the scale of Burma's brutal crackdown against
anti-government protestors as the UN delivers its damning report.

The crackle of gunfire, protestors cowering in terror. That was the scene
in Burma as the government clamped down on the democracy protests.

Nearly three months on from this, Paulo Pinheiro has delivered his damning
report.

"The security forces used in my opinion excessive force against civilians,
including unnecessary and disproportionate lethal force." - Paulo Pinheiro
- UN Human Rights Envoy to Burma

For Burma's representative it was uncomfortable reading, with Mr Pinheiro
challenging the regime its reprisals and the scale of its crackdown:

And it's not just the monasteries. We met with one man who recently fled
Rangoon after his house was raided. He smuggled out previously unseen
images of the crackdown - evidence which tallies closely with Mr
Pinheiro's own findings about the excessive use of force.

They show heavily armed, psyched up soldiers arrive to confront the
unarmed protestors. The men are from the Rangoon military command.
Suddenly they advance and were seen shooting into the crowd.

'Reliable sources, believe, however, that many more monks were detained or
disappeared' Paulo Pinheiro, UN Human Rights Envoy to Burma

The soldiers go street to street, hunting down protestors - some coming
ominously close to his camera And he witnessed how hired thugs were
brought in to help rough up protestors - echoing the UN envoy's report,
which says these men contributed 'to the excessive use of force' against
peaceful protestors.

Certainly Mr Pinheiro, here during his fact finding mission to Rangoon,
believes those killed are many more than official total of 15. Among the
report's disturbing findings accounts of 'bodies with serious injuries
being wrapped in bags and burned in the middle of the night- dead monks
probably among them. And of dozens still being unaccounted for.

So he's demanded a full commision of inquiry to establish precisely what
happened - something Burma's military regime is unlikely to agree to with
their people still enraged by those bloody events.

They may carry defiance in their hearts - but as the Pinheiro report makes
clear, Burma's military is ready - and willing - to trample those who dare
defy it.

http://www.channel4.com/news/articles/politics/international_politics/new+footage+from+burmas+protests/1176547

____________________________________

December 12, Democratic Voice of Burma
NLD member sentenced to four years

Taunggok National League for Democracy secretary U Khin Hla was sentenced
to over four years in prison after his sister brought charges against him,
according to a Taunggok NLD member.

U Khin Hla’s sister filed charges of obscenity, threatening behaviour and
damage to property against him after a family dispute.

He was brought before the court on 28 November and found guilty of three
offences, receiving a total sentence of four years and three months.

He was given two years for property damage under section 427, another two
years for criminal intimidation under section 506, and three months for
obscenity under section 294 of the penal code, the maximum sentence in all
three cases.

The sentence was passed by Taunggok township court secondary judge Daw
Than Than Sint at 5.30 that afternoon.

His sister tried to withdraw the charges when she realised the
consequences for U Khin Hla, but was told by officials that it was too
late.

The Taunggok NLD member said that government officials had pressured for
the case to be brought to court immediately, despite an electricity cut.

“Due to pressure from the authorities he was called to the township court
at 8am and they heard the case until 5.30, but there was an electricity
shortage so they had to light candles,” he said.

“They put him in Sandoway prison at 8.30 that evening, but the electricity
was still out then so they had to turn on the generators,” he said.

U Khin Hla has been held in Sandoway prison since he was sentenced.

The Taunggok NLD member said U Khin Hla’s punishment was disproportionate
to the offence.

“Giving him such a long prison sentence over this small case is not
according to the law,” he said.

U Khin Hla’s lawyer has said he will appeal the conviction.

U Khin Hla was one of a group of NLD party members who started a
demonstration on 4 September when they marched to the police station to
demand information on two activists who had been arrested the previous
week after a protest over high fuel prices.

____________________________________

December 12, Democratic Voice of Burma
Police chief orders clampdown on desertions

Burmese police chief brigadier general Khin Yi has ordered police forces
around the country to control the number of officers deserting their
positions.

Khin Yi issued the order on 9 December due to the recent increase in the
number of officers leaving the force.

One Burma analyst said that desertions had gone up rapidly since the
government crackdown on public demonstrations in September.

“Over 100 policemen have already deserted from 16 police brigades in Burma
since the protests,” the analyst said.

The command did not specify what action should be taken against absconders.

____________________________________
ON THE BORDER

December 12, Scoop via UNHCR
Departures of Burma refugees from Thailand top 20K - Kitty McKinsey in Mae
La Refugee Camp

In a bamboo thatch hut in this huge, crowded refugee camp, some of the
45,000 residents are learning skills they're soon going to need - how to
pass through airport security, how to find their seat on an airplane and
how to buckle a seatbelt.

This cultural orientation is one of the crucial steps on a journey that
has opened up new worlds to more than 20,000 refugees from Myanmar who
have left South-east Asia to restart their lives in faraway countries
under the world's largest resettlement programme.

The number of people who have been resettled in third countries from
Thailand since the programme started in 2005 now stands at 20,878, the UN
refugee agency said Tuesday.

A further 3,471 Myanmar refugees in camps in Thailand have been approved
for resettlement and are just waiting for their departure date, with
people now leaving almost every day.

"Many of the refugees are very excited about resettlement," said Eldon
Hager, resettlement officer in UNHCR's Mae Sot field office, who spends
much of his time in Mae La, Nu Po and Umpium camps. "They view it as very
positive."

After many years - nearly two decades in some cases - of living in camps
in Thailand with no freedom of movement, "there's optimism that there's a
way out of the camps," added Hager. Most of the refugees fled fighting and
oppression in Myanmar, and took refuge in nine refugee camps along the
Thai-Myanmar border, which now have a population of 124,300 registered
refugees.

The United States - which made an open-ended offer in 2005 to take
refugees from the camps in Thailand - has taken the largest number, 11,737
refugees. They have gone to cities like Minneapolis, Minnesota; Fresno,
California; Lansing, Michigan; Dallas, Texas and Syracuse and Buffalo in
New York state.

Australia has received 2,154 and Canada 2,132 during this period. Other
resettlement countries for Myanmar refugees are Finland, Ireland, the
Netherlands, New Zealand, Norway, Sweden and the United Kingdom.

"Resettlement is an important solution for refugees for whom returning
home or integrating into their countries of asylum is not possible, and we
are grateful to resettlement countries for giving so many refugees the
opportunity of a new life," UNHCR spokesperson Jennifer Pagonis said
Tuesday in Geneva.

For refugees like those learning to use a seatbelt in Mae La, resettlement
is a leap into the unknown. "It's not easy," says Hager. "You have to
restart your life, learn a strange language, deal with a new culture,
you're expected to work in a foreign country."

Refugees are choosing resettlement for the sake of their children, Hager
adds. "Starting over in a foreign country is tough, but they say it's
worth it because their children will get a good education and will have a
better future."

http://www.scoop.co.nz/stories/WO0712/S00750.htm

____________________________________

December 12, Narinjara News
32 Burmese arrested for illegally entering Bangladesh

Cox's Bazar: Bangladesh police arrested 32 Burmese citizens, mostly from
the Burmese border township of Maungdaw, on Sunday from the hotel they
were staying in in Cox's Bazar Bangladesh.

A police officer said, "We arrested them while they were gathering at the
hotel preparing to leave for Malaysia aboard a machine boat."

"We also arrested a Bangladeshi human trafficker along with the Burmese
citizens, who hailed from Maungdaw Township in Arakan State, Burma," the
officer added.

The Bangladeshi human trafficker had taken 30,000 taka from each person
for illegal passage to Malaysia across the Andaman Sea.

"The Burmese citizens will be charged with illegally entering Bangladesh
territory without permission, and the Bangladeshi will be charged under
human trafficking laws for his involvement in this trafficking," the
officer explained.

A social worker from the border are said an estimated 6,000 Burmese
Muslims have already left for Malaysia and Thailand from Bangladesh on
board machine boats this year, to look for for jobs.

In the western Burmese state of Arakan, people are facing an economic
crisis, with the rate of unemployment increasing by the day. Because of
this, many young people under age 40 are leaving for neighboring countries
to seek work, he added.

____________________________________
BUSINESS / TRADE

December 12, Mizzima News
U.S. closes loopholes in sanctions

United States sanctions on the economic interests of Burma's generals and
companies conducting business in Burma are one step closer to being
further strengthened, following the House of Representatives unanimous
vote in favor of the JADE Act.

The Block Burmese JADE (Junta's Anti-Democratic Efforts) Act, while
focusing its attention on the trade of gemstones originating from Burma,
looks to close significant holes existing in current sanctions policy.

"Millions of dollars in gemstones that are exported from Burma ultimately
enter the United States but the Burmese regime attempts to conceal the
origin of the gemstones in an effort to evade the sanctions in the Burmese
Freedom and Democracy Act of 2003," according to the legislation.

"Burma's generals fund this repression of their own people by selling off
the country's natural resources, especially oil and gems, leaving the
Burmese people in poverty," said Democratic Representative Tom Lantos,
sponsor of the bill and Chairman of the House Committee on Foreign
Relations.

If passed, the bill will ban the import of all gems originating from Burma.

In justification of the need for this bill, the House Committee on Foreign
Relations states that while Burma is known to supply 90 percent of the
world's rubies; only three percent of rubies entering the United States
are listed as coming from Burma.

Further, 99 percent of a stone's value is said to come from the stone
itself, with labor accounting for a mere one percent of the value.
Therefore supporters of the legislation argue that the bill effectively
targets economic interests of the Burmese state without significantly
impacting the daily livelihood of Burma's citizens.

The Jewelers of America, representing over 11,000 stores nationwide, and
several major retailers, have lent their support to the Act.

Another significant aspect of the bill is its targeting of the economic
interests of Chevron Corporation, an American company actively engaged in
the exploitation of Burma's energy resources.

The JADE Act will terminate tax deductions for Chevron's Burma
investments. A move that it is hoped will prompt a domino effect among
Chevron and its partners in Burma to desist in operations inside Burma due
to rising costs and economic restrictions.

The regime's ability to make use of money laundering activities will also
be negatively impacted by passage of the Act, in addition to a further
freeze on assets associated with Burma's generals.

"The peaceful protesters of Burma are human rights heroes, and the
reprehensible military dictators ruling them deserve to be nothing less
than international pariahs for their dismal human rights record," reads a
statement from Lantos' office. "I am deeply grateful that my colleagues on
both sides of the aisle stood together today, shoulder-to-shoulder with
the Burmese people as they struggle for freedom."

Upon final passage of the Act, Congressional annual review and renewal of
the Burmese Freedom and Democracy Act of 2003 will no longer be necessary.

It is widely expected that both the Senate and President will offer their
full support to the JADE Act, at which time the legislation will go into
effect.

____________________________________

December 12, Irrawaddy
The good, bad and ugly of China’s Shwe gas deal - William Boot

China’s unsurprising victory in securing virtually sole purchase rights to
the huge Shwe offshore gas deposits is both good and bad news for the
Burma regime, analysts say.

It’s good because it secures the continued diplomatic support of China in
the Burmese regime’s confrontation with international opinion on its
draconian reign.

It’s bad because less money will flow into the junta’s coffers from the
gas cash cow.

“We will probably never know just how much China is going to pay for the
Shwe gas, but you can be sure it is rather less than the Japanese or even
the increasingly desperate Thais would have paid,” said Sar Watana, a
Bangkok-based energy commodities consultant.

The bad is likely to outweigh the good because gas exports have become
just about the only thing propping up Snr-Gen Than Shwe’s economic
policies which have resulted in inflation of 35 percent, said an
International Monetary Fund report last week.

It is gas which has enabled the regime to build up its foreign exchange
reserves to US $2 billion, said the IMF, when outside investment in other
areas of the economy is shrinking.

The main developer of the explored two blocks of the Shwe field, off the
west coast near the port of Sittwe, South Korea’s Daewoo International,
made a terse statement confirming that China was the “preferred buyer.”

Daewoo, which holds a 60 percent stake in blocks A-1 and A-3, had resisted
the Myanmar Oil and Gas Enterprise arm of the regime for a long time—even
sending a team of lawyers to Burma to argue against China as a main
customer.

“Daewoo will never say it. They are as secretive an organization as the
Chinese government, but most industry observers know they would have
preferred to sell to almost anyone else, Japan in particular,” said
Singapore commodities trader Collin Reynolds.

“China—in this case most likely the state fuel giant PetroChina—always
drives a hard bargain. You can be sure they will pay up less in cash and
more in fringe benefits such as technical aid and investment. That’s going
to be chicken feed to Beijing in a country like Burma.”

Other contenders for about 6 trillion cubic feet (200 billion meters) of
recoverable gas included India, Thailand and South Korea itself, via Korea
Gas which has a 10 percent stake in the two Shwe blocks.

India’s two state owned energy companies—GAIL and onGC Videsh—also have a
combined 30 percent development investment shareholding in the two blocks.

Daewoo says it has invested tens of millions of dollars in exploration and
will be paying the lion’s share of production costs.

India has been surprisingly sanguine about China’s confirmation as the buyer.

“Gas from the field has to be sold and if Daewoo has chosen China in
principle I see nothing wrong with it,” onGC chairman R.S. Sharma was
quoted in the Times of India.

India has a kind of consolation prize. It gets to spend about $100 million
redeveloping and rejuvenating the port of Sittwe. The Delhi government
hopes that Sittwe and the Kaladan River link to the Indian state of
Mizoram can provide a sea trade route for its landlocked northeast states.

But although the port will benefit from the Shwe development, it will be
less important because of China’s gas deal.

Daewoo, with Japanese gas companies, had proposed building a large gas
processing terminal to convert the Shwe gas into LNG (compressed liquid
natural gas) for sea shipment.

China will build a gas pipeline from the coast through Burma into
landlocked Yunnan Province, desperate for energy to develop.

That, say human rights activists, is the ugly part of the China-Shwe deal.
Wherever pipelines are constructed in Burma there is land confiscation,
people displacement and often coerced labor.

____________________________________

December 12, Kachin News Group
Money siphoned off from KBZ bank accounts

Account holders in Myitkyina, the capital of Kachin State believe their
money in the Myitkyina Kanbawza Bank branch is being siphoned off.

Those who withdrew money from the KBZ bank did not get the correct amount
of currency notes after having transferred money from other banks into
Myitkyina Kanbawza Bank branch, a source said.

This problem has been recurring this year whenever account holders
withdraw over millions of Kyat from the bank. They complained that they
have been losing tens of thousands of Kyat, a resident in Myitkyina told
KNG.

The account holder who lost money from the bank when she withdrew cash
from the KBZ bank told KNG that on December 3, she withdrew ten million
Kyat which was transferred from Yangon. She found that the bank had given
her 53,000 Kyat (US $ 41.3) less.

Some of her friends also faced similar problems and when she contacted the
bank, officials said they would not take the responsibility for the money
after it is handed over at the counter.

Some account holders in Myitkyina also found 20 Kyat notes missing from a
stack of several thousand Kyat after withdrawal from the bank, said a
resident in Myitkyina.

"Bank officials have written on the wall of the bank that they will not
take responsibility if the money is checked outside the bank precincts. We
saw people who withdrew money from the bank not checking inside the bank
premises and in front of the counter" a resident said.

"It is impossible to check the money inside because the bank officials
staple the notes tightly and do not count it. They just count small
amounts of money", she added.

According to KBZ staff, there were at least three people who called KBZ
bank with the complaint of not getting the full amount of money withdrawn
from the bank.

Not only are account holders affected by the bank's dealings but also
those who transfer money through the bank. The problem is more acute when
withdrawals are made.

Kanbawza bank was established in 2,000 by U Aung Ko Win who is known to
enjoy a close relationship with Deputy Snr-Gen Maung Aye, the vice
chairman of Burma's ruling junta.

The KBZ bank's Myitkyina branch opened in 2001.

____________________________________
REGIONAL

December 12, The Statesman (India)
Asian voices ban must go to Burma

UN Secretary-General Ban Ki-moon arrived in Bangkok yesterday (Dec 9) for
a three-day stay. Apart from meeting Thai luminaries and having an
audience with His Majesty the King, he must take this opportunity to go to
Burma and demonstrate his seriousness and interest in the situation there.
He must show that the United Nations, which he leads, is following up on
the developments there closely. If he does not go to Burma, this could be
an opportunity lost.His visit to Bangkok also coincides with the release
of a report by Human Rights Watch. It reveals the harsh reality facing the
Burmese people and the lies perpetuated by the junta. According to the
report, many more Burmese were killed and imprisoned in the violent
crackdown on monks and protesters in September than the junta has
admitted.

Human Rights Watch (HRW) says that at least 20 were killed and thousands
jailed. UN Human Rights Council special rapporteur Paulo Sergio Pinheiro
put the number at 31 killed, 74 still missing and 650 in custody. The
junta said that only 15 people were killed in the crackdown.

The HRW report, which was based on more than 100 interviews with
eyewitnesses in Burma and Thailand, concluded that the junta's security
forces shot into crowds using live ammunition and rubber bullets. They
beat marchers and monks before dragging them onto trucks and throwing them
in jail. In addition to the monks, many students and other civilians were
killed, although without full and independent access to the country, it is
impossible to determine the exact casualty figures. One of the latest
developments the report did not touch on was the increase in the number of
arrests and torture of journalists and stringers working for foreign news
organisations or news organisations set up by Burmese in exile. Over a
dozen Burmese journalists are now behind bars. Several more are currently
in hiding. Some journalists were exposed by the junta's militia and
volunteers working for the Union of Solidarity and Development
Association, and were taken into custody and tortured. These thugs
continue to identify persons working for the pro-democracy movement and
media organisations.

Therefore, it is imperative that Ban take up this matter with the junta.
Since he is in Bangkok, it would not much time for him to travel to Burma.
Any resistance on the part of the junta to his visit would be condemned.
After all, the junta has pleged to cooperate with the UN, especially its
special envoy for Burma, Ibrahim Gambari. The presence of Ban in Rangoon
would boost the UN's role and make a strong impression internationally of
the UN's seriousness and conviction in seeing this dialogue on national
reconciliation proceed.

____________________________________

December 12, Associated Press
Cambodian leader blasts report, says UN should leave Myanmar alone

Phnom Penh, Cambodia - The U.N. should leave Myanmar alone and stop
disrupting the junta's progress toward democracy by issuing critical
reports on human rights abuses, Cambodia's leader said Wednesday.

"Myanmar has been moving smoothly ahead," Prime Minister Hun Sen said,
becoming perhaps the first national leader to publicly praise the
country's military junta since its bloody September crackdown on
pro-democracy protests.

Hun Sen, whose government is regularly criticized for human rights abuses,
lashed out at a report released Friday by U.N. human rights investigator
Paulo Sergio Pinheiro.

The report found that at least 31 people were killed during the Myanmar
crackdown, twice the toll acknowledged by the junta. It also said that 650
people remained in custody and another 74 people were missing.

Hun Sen said the report did nothing but "disturb" Myanmar's efforts toward
reform.

"If you just keep opposing and pressuring (Myanmar), how can it solve its
own problems?" Hun Sen said during a speech at the inauguration of a
government women's dormitory.

"Leave them some space to work," Hun Sen said, adding that he believed the
junta's goals for the future match the U.N.'s. "They also want to have
national reconciliation, democracy and respect for human rights."

Myanmar sparked global outrage in September when troops opened fire on
pro-democracy protests that were led by Buddhist monks. The junta has
acknowledged killing 15 protesters, but diplomats and dissidents say the
toll was much higher.

The U.N. has spearheaded efforts to coax the junta to start reconciliation
talks with detained democracy leader Aung San Suu Kyi. A Nobel peace
laureate, Suu Kyi has been under house arrest for 12 of the last 18 years.

Myanmar and Cambodia are members of the 10-nation Associated of Southeast
Asian Nations, which has come under criticism for failure to take a tough
public stance against the junta's crackdown. ASEAN has a traditional
policy of not interfering in the domestic affairs of its members.

Last week, Hun Sen hosted a visit by Myanmar's prime minister, Lt. Gen.
Thein Sein, during which he reiterated a long-standing opposition to
economic sanctions against Myanmar.

____________________________________

December 12, The Indian Express
India, Myanmar hold high-level talks

Notwithstanding UN sanctions against Myanmar, India on Tuesday decided to
go ahead with the Kaladan multi-modal transport project and other
developmental programmes with the neighbouring country as they discussed
ways to enhance cooperation in various sectors here.

After wide-ranging talks between Foreign Secretary Shivshankar Menon and
Myanmarese Deputy Foreign Minister Kyaw Thu, the two sides decided to sign
a Memorandum of Understanding for establishment of a centre for
enhancement of information technology skills at Yangon.

Kyaw, who arrived on a two-day visit on Tuesday, also held discussions
with External Affairs Minister Pranab Mukherjee, covering a wide range of
topics including regional and international developments.

Describing Myanmar as a "close and friendly" neighbour of India, the
Ministry of External Affairs (MEA) said the talks were marked by
cordiality reflecting the nature of bilateral ties.

"India is committed to extend assistance to Myanmar on various
developmental projects of mutual benefit, including the Kaladan
multi-modal transport project," the MEA said in a statement after the
Foreign Office Consultations.

The UN recently imposed economic sanctions against military-ruled Myanmar
and the West has been pressing India to act on similar lines.

India, while favouring ushering in of inclusive democracy in Myanmar, has
been opposing coercion against the country where it has multi-faceted
interests, involving economic and security aspects.

India and Myanmar share 1,600 km of border and New Delhi has been seeking
cooperation from Yangon on curbing activities of northeast militants who
take shelter there.

India also has energy interests in Myanmar. The bilateral trade between
the two countries is to the tune of nearly one billion dollars.

"Myanmar also serves as a gateway to South-East Asia for India," the
statement said.

The Foreign Office consultations is an annual feature and is one of the
seven institutional mechanisms between the two countries for bilateral
dialogue.

____________________________________
INTERNATIONAL

December 12, Agence France Presse
Bush warns Myanmar of world sanctions - P. Parameswaran

The United States will spearhead a global campaign to step up sanctions
against Myanmar's military regime if it continues to ignore calls for a
democratic transition, President George W. Bush warned Tuesday.

The threat came after the US House of Representatives Tuesday adopted
sanctions against Myanmar's multi-million dollar gemstone exports and
natural gas industry, in response to the military junta's lethal crackdown
on September pro-democracy protests.

At least 31 people were killed and 74 missing in the suppression of
protests that were led by Buddhist monks, according to a UN report.

Bush repeated his call for the regime to release all political prisoners,
including Nobel Peace Prize laureate Aung San Suu Kyi, who is under house
arrest.

He said he was "deeply disturbed" by a report from UN human rights expert
Paulo Pinheiro, who made his first visit to the country in four years in
November.

The report documented the regime's deadly suppression of peaceful protests
which drew an international outcry, including from the UN Security
Council.

"Mr. Pinheiro's report demonstrates why the world cannot go back to
business as usual with General Than Shwe and his junta," Bush said in a
statement.

"I call on all members of the international community to condemn the
atrocities detailed in Mr. Pinheiro's report in the strongest possible
terms," the US president said.

Bush announced new sanctions against Myanmar's military recently,
including an asset freeze on key junta figures and blacklisting of seven
companies and five individuals allegedly linked to those companies and the
regime.

"Should the regime continue to ignore calls for a true democratic
transition and the release of Aung San Suu Kyi and other political
prisoners, the United States is prepared to lead international efforts to
place more sanctions on the regime," he warned.

The United States has long maintained a trade and investment ban on Myanmar.

The European Union, which has a visa ban and asset freeze on Myanmar's
leadership and their families, imposed an embargo on the export of wood,
gems and metals after the junta's recent crackdown.

But China, India and the Association of Southeast Asian Nations (ASEAN), a
group that includes Myanmar, have been reluctant to back punitive
sanctions or pile up the pressure on the generals to adopt democratic
reforms.

Pinheiro, whose report was made public last week, added that the regime
has not taken serious steps to respect human rights despite the
international outcry sparked by the crackdown.

The UN expert regretted being unable to meet pro-democracy figurehead Aung
San Suu Kyi.

At the US House of Representatives Tuesday, lawmakers unanimously approved
sanctions to stop the junta's practice of exporting gemstones through
third countries in a bid to evade US restrictions.

The sanctions were also intended to end tax write-offs enjoyed by US
energy giant Chevron on revenues earned from its natural gas project in
Myanmar.

Other measures included a freeze on the assets of Myanmar's political and
military leaders in US financial institutions and preventing them or their
immediate families from using US finance businesses via third countries.

"Today's legislation hits these military dictators where it hurts -- in
the pocketbook," said Tom Lantos, the Democratic head of the House Foreign
Affairs Committee and author of the bill. It "will take hundreds of
millions out of the pockets of the regime each year."

Myanmar's state-run mining firms export gems worth tens of millions of
dollars each year through countries such as China, Taiwan, Malaysia,
Singapore and Thailand, said Aung Din, the executive director of the US
Campaign for Burma.

"The world must now remind the junta that the status quo is not
acceptable," he said.

The cut-off of tax deductions for Chevron's major gas investment in
Myanmar closes a loophole and increases pressure on US allies to demand
that firms based within their borders also divest themselves of Myanmar
holdings, a House of Representatives statement said.

The US Senate also has a bill seeking sanctions against the junta which
has not yet been voted on. The two bills could be reconciled,
congressional aides said.

____________________________________

December 12, Irrawaddy
Influential magazine says next year more of same for Burma - Wai Moe

Burma’s political and economic policies will remain static during the next
two years with no major changes, The Economist Intelligence Unit reported
this month.

The Economist's magazine's intelligence unit, which makes annual forecasts
of a country's political and economic actions, said in its December 2007
report on Burma the junta will maintain a firm grip on power, and any
renewed popular effort to oust the junta will again be violently
suppressed.

“The NLD leader indicated that she [Aung San Suu Kyi] was willing to work
with the military, but called for a swift end to preliminary talks and the
start of a meaningful and inclusive dialogue. This is unlikely to take
place in the near future,” the EIU said.

“A first meeting between Aung San Suu Kyi and the military’s appointed
liaison officer, Aung Kyi, did take place in October. However, the
military’s decision to permit the meeting to go ahead was probably driven
by a desire to counter international criticism, rather than reflecting a
willingness to begin talks on transferring some degree of power to
civilian groups.”

The EIU said the US and EU will keep sanctions in place in 2008-2009, and
China and Asean are unlikely to increase pressure for democratic reform on
the regime.

The EIU said Burma’s economic policymaking will “remain erratic,” but the
energy sector will be fairly buoyant next year.

“But the outlook for the rest of economy is poor,” said the EIU.
“Inflation will remain high, and the free-market exchange rate will
continue to be subject to downward pressure.”

Burma’s natural gas exports will keep the current account in surplus for
the next two years, but import costs will rise, partly driven by the
rising cost of importing petroleum products, said the EIU.

The magazine said the junta appears intent on pressing on with its own
"roadmap to democracy" reform plan rather than starting an inclusive
dialogue with the opposition.

The junta’s tight control over the new constitution process did not
include any members of the main opposition group, the National League for
Democracy, noted the EIU.

It said the junta is expected to continue to assert the economy is growing
at a double-digit rate, although evidence to support the claim is unlikely
to be forthcoming. The EIU estimated that Burma's economy will grow at
around 3 to 4 percent in 2008-09.

“A slow pace compared to other countries in the region,” it said.

The junta’s management of the economy remains poor, and major policy
changes will continue to contribute to economic instability. In mid-August
the government increased the price of subsidized fuels, creating severe
problems for transport operators and people already struggling with
soaring prices for food and other essential goods and services.

The junta has claimed that fuel prices were raised because the government
could no longer afford to subsidize them at previous levels. However, the
junta’s reliance on this kind of “short, sharp shock” rather than pursue a
long-term structural reform agenda was a cause of social unrest, the EIU
said.

On fiscal policy, the EIU said because the junta continues to borrow
heavily from the Central Bank, the overall fiscal position is weak. This
will remain the case, as the junta is unlikely to make cuts in defense or
non-essential spending that would be needed to reduce a budget deficit.
The junta also spends heavily on large projects, such as the development
of the new capital, Naypyidaw.

Agriculture suffers from poor productively, and manufacturing is
constrained by shortages of capital, lack of access to imported products
and a lack of competitiveness with regard to imports from Thailand and
China, the EIU said.

Burma’s inflation rate will be 30 to 40 percent in the next two years, a
decrease from the 50 percent rate of inflation at the end of 2007, after
the junta increased fuel prices in mid-August, said the EIU.

The Burmese currency exchange rate against the US dollar will be 1,400
kyat in 2008, said the EIU, and the US dollar will be 1,500 Kyat in 2009.

The EIU is one of the most influential sources of regional analyses among
policymakers and intellectuals.

____________________________________

December 12, Irrawaddy
Miss Universe 2005 not to attend Burma Beauty Pageant - Saw Yan Naing

Natalie Glebova, Miss Universe in 2005 and a resident of Thailand, will
not be attending a beauty pageant in Burma, according to the New
York-based Miss Universe Organization.

Glebova, a Canadian citizen, was invited to be a judge at a beauty pageant
on Monday sponsored by a private company. The company, the Myanmar Lay
Nying Co, Ltd, will also hold a two-day show of cosmetic products on
Saturday and Sunday, said a staffer.

An e-mail from the MUO, sent to a concerned Burmese monk studying in Sri
Lanka in reply to his question, said, "We have spoken to Natalie Glebova
directly, and she is not participating in any pageant activity in Burma."

It was unclear if Glebova might attend the cosmetic products show.

According to a story in The Myanmar Times, Glebova's husband, Thailand’s
No. 1 tennis player, Paradorn Srichaphan, will join her and the two will
spend two days in Burma.

A staff member of Myanmar Lay Nying Co, Ltd in Rangoon told The Irrawaddy
on Wednesday that the former Miss Universe was invited to attend and serve
as a judge at the beauty contest known as “Ancient Beauty,” to be held at
the Sedona Hotel in Rangoon.

The staff member said Glebova was listed in the invitation, but it was
uncertain if she would attend or not.

She said, “It is sure that she [Glebova] was invited. And we also heard
that she will come, but we are not sure on that. We have to wait and see.”

Three former Miss Thailand's were also invited to serve as judges, she said.
In February 2007, Glebova became a brand ambassador for Better Vision (an
eyewear company in Thailand). She also became a "brand beauty ambassador"
for ICC International, the producer of BSC cosmetics in May 2007.

She published a book, Healthy Happy Beautiful, in February 2007 that
became a best seller.

In early December, the Canadian Friends of Burma issued an action alert
report on a possible trip to Burma and contacted Miss Universe Canada and
Miss Universe Organization; a number of public messages poured in,
expressing concern on her reported role in the pageant.

The letter from MUO can be viewed at the link:
http://ashinmettacara.blogspot.com/2007/12/email-from-cfob.html.

____________________________________

December 12, Irrawaddy
Burmese Activists accuse India of opportunism - Lalit K Jha

A delegation of Burmese opposition activists and ethnic leaders has warned
India it would have to “pay the price” for its support for the Burmese
regime when democracy returns to Burma.

“What India is doing now is nothing but economic opportunism. This is not
expected from a nation which is the largest democratic country of the
world,” said Bo Hla Tint, a minister in the Burmese government in exile,
during a visit to Washington.

Bo Hla Tint is a member of a delegation seeking support for the Burmese
pro-democracy movement in meetings with congressional leaders,
administration officials and US ‘think tanks.’

“India has been a very big obstacle. We do not know why,” said Maung
Maung, general secretary of the National Council of the Union of Burma and
founder of the Trade Unions of Burma movement.

While appreciating the recent decision of the Indian government to halt
temporarily the shipment of small arms to Burma, Bo Hla Tint said the
approach of the Indian government towards the pro-democracy movement had
been strange and very often surprising.

Bo Hla Tint said he and the head of the exile government, Sein Win, were
denied visas to visit India. “They [the Indian authorities] said I am on
the black list. See, this is the way they think, the democratic movement
is ‘blacklist.’ So that is the attitude of the Indian government.”

Bo Hla charged that India and China are competing with each other in
exploiting the energy resources of Burma. “We are very frustrated about
this. This is economic opportunism by our neighbors,” he said.

He said this approach by India and China would certainly have an impact if
democracy were restored in Burma.

“We are going to be nice to our neighbors and the regional community,” he
said. “But you know, we have to remember who are our real friends, who
helped the people of Burma when they needed help. Who was the real
collaborator with the authoritarian regime in Burma. We have to
differentiate, who is a genuine friend, who is pretending [to be] a
friend.”

The delegation is on a two-week mission to the US to lobby for the
pro-democracy cause. From Washington, its members go to New York, where
they hope to meet UN officials, including Secretary-General Ban Ki-moon.
They also plan to meet community leaders and Burmese residents of Fort
Wayne, Indiana, and Los Angeles.

____________________________________
OPINION / OTHER

December 12, Bangkok Post
Burmese voices louder in 2007

If anyone deserves a Nobel peace prize this year, it's Burma's people and
monks for taking to the streets against a brutish regime that has mired
their country in poverty and backwardness.

Burma's long-suffering population this August and September succeeded in
doing what the international community has failed to do for two decades:
put real pressure on their military rulers to do something to bring about
change.

Taking to the streets requires courage in Burma. The last time the
population challenged the military was in 1988, resulting in a bloodbath
that left an estimated 3,000 dead.

This year's protests, sparked by a surprising and drastic fuel price hike
announced on August 15, started small and peacefully with scores of
concerned citizens marching against the inflationary move.

After an initial spate of arrests, the movement was taken up by Burma's
monkhood, who for two weeks in September led peaceful marches in the
streets of Rangoon against the fuel price hikes that culminated in
full-fledged demonstrations against the junta.

The inevitable crackdown on September 26-27 left 15 dead, according to the
official count.

Other estimates put the death toll much higher. What is clear is this
year's crackdown was much better publicized than the bloodbath of 1988,
thanks in part to digital cameras and the internet, and the international
response was immediate and loud.

Even Burma's closest allies, China and the Association of South-East Asian
Nations (ASEAN), joined in condemning the September crackdown, and calling
on the junta to take steps towards national reconciliation.

The junta, no doubt under pressure from Beijing, responded by inviting two
senior United Nations officials to Burma, special envoy Ibrahim Gambari
and human rights rapporteur Paulo Sergio Pinheiro in the aftermath of the
crackdown.

The regime also took token step towards reopening a political dialogue
with Aung San Suu Kyi, Burma's democracy icon who has, tellingly, been
under house arrest for the past four years and 12 of the past 18 years.

Burma's military supremo Senior General Than Shwe promised to talk with
Suu Kyi in person, if she drops her support for sanctions, and has
appointed Labour Minister Aung Kyi to act as a liaison between the junta
and Suu Kyi.

The junta has made such gestures before, and cynicism was understandably
high that they were engaging in more of their evasive tactics.

That cynicism was justified at the ASEAN Summit in Singapore in November
where Burma successfully scuttled a proposal that Gambari brief the august
gathering and somehow avoided a regional scolding.

Prior to Singapore, the one thing the international community appeared to
be getting right was a new seriousness in dealing with Burma, albeit using
the same old methods. Now even that is gone.

"It was a leap backwards," said David Mathieson, a Burma specialist at
Human Rights Watch. "The one thing the junta is really good at is stirring
the pot and stepping back and watching people bicker."

All the signs indicate that Than Shwe has dug his heels in and wants Burma
to return the junta's glacially slow seven-step road map to democracy, but
there may be some bumps ahead.

First, China has modified its stance towards Burma, according to some
diplomats.

"Even before the crackdown on the demonstrations, we noticed six months
ago there was a slight shift in China's attitude towards Burma," said one
European diplomat.

China has huge strategic interests in its southern neighbour, starting
with its massive offshore natural gas reserves that Beijing would like to
pipe overland to Yunnan.

Those interests can only be assured by a stable and secure government.

"The Chinese don't want people like Aung San Suu Kyi or the NLD, who have
strong ties with the West, but at the same time they are frustrated with
this regime because they cannot achieve their goals because of the
instability," said Win Min, a lecturer at Chiang Mai University.

Ideally, China would like to see Burma led by someone like General Khin
Nyunt, who was ousted on corruption charges in 2005, said Win Min. The
general was considered to be a proponent of gradual but steady change in
the political and economic landscape.

In the wake of the crackdown on the September protests, and the ongoing
economic privations that prompted them, there is a good deal of discontent
within the military forces themselves with their current batch of leaders,
according to insiders.

This could lead to another popular spark if the Burma top generals stick
to their wonted strategy of do-nothingness.

"The people's hatred of the regime for going against the monks is very
widespread," said Win Min. "So once their hopes disappear and their fears
are reduced, there is a possibility of the people expressing their hatred
again."

http://www.bangkokpost.com/topstories/topstories.php?id=124375

____________________________________

December 12, Asia Times
Double vision over Myanmar crackdown - Brian McCartan

A consensus is gathering that Myanmar's State Peace and Development
Council's (SPDC) official version of events of its violent crackdown on
street demonstrations in late September, continued detention without trial
of protesters and ongoing harassment and arrests of activists doesn't
square with the actual facts.

The ruling junta said that 10 protesters were killed when its troops
opened fire and that of the 2,927 people it detained, all but 80 have
since been released. Two human-rights reports released in the past week,
one by US-based rights group Human Rights Watch, the other by the United
Nations Human Rights Council, highlight the ruling junta's excessive use
of force and contradict the junta's official figures.

The SPDC in its characteristic fashion has downplayed the incidents, while
trying to present a benevolent image by releasing prisoners it held in
makeshift detention centers. It has also aimed to deflect criticism by
assigning a liaison officer to meet with pro-democracy opposition leader
Aung San Suu Kyi, while at the same time proceeding with its "Seven Step
Road Map" to democracy which excludes her political party from any
participation in the process.

The Human Rights Watch report, entitled "Crackdown: Repression of the 2007
Popular Protests in Burma", was based on the testimony of over 100
witnesses to recent events inside the country, to which the junta has
sharply restricted foreign journalists' access. The UN report was the
product of a November 11 to 15 fact-finding trip to the country by its
special rapporteur for human rights in Myanmar, Paolo Sergio Pinheiro,
which was presented to the UN Human Rights Council on Tuesday.

Both reports found the regime's official figure of 10 killed to be much
too low. Human Rights Watch estimates at least 20 civilians were killed as
a result of the military's violent suppression of the protests; Pinheiro
says at least 31 were killed. And both monitoring organizations indicated
that the actual toll is probably still much higher.

The UN report also claims that at least 4,000 people have been arrested,
of which 1,000 are still being held in detention, while Human Rights Watch
says that hundreds of protestors remain unaccounted for. Such estimates
are echoed by other groups, including the Assistance Association for
Political Prisoners, a Thailand-based monitoring group composed of former
Myanmar political prisoners.

The group has been able to document the location of 250 of those
prisoners, but the whereabouts of at least 300 others remains unknown.
They join the 1,200 political prisoners which were already languishing in
Myanmar's overcrowded prisons and labor camps. Many more activists have
been arrested since the demonstrations were violently put down in late
September, with security personnel continuing to sweep the country in
pursuit of those involved in the countrywide protests.

The SPDC, meanwhile, has downplayed the scale and severity of its
crackdown and continues to justify its violent actions as a proportionate
and necessary response to uphold national security. In response to the UN
report, Wunna Maung Lwin, the SPDC's ambassador to Geneva, said,
"Exercising its sovereign right to handle a violent situation should not
be construed as a human rights violation." According to the Myanmar
ambassador, "Almost all those in detention in connection with the
September events have been released."

The December 4 edition of the state mouthpiece The New Light of Myanmar
newspaper, meanwhile, stated that 8,585 prisoners had been granted amnesty
between November 16 and December 3 "to mark the successful holding of the
National Convention in September 2007, the commencement of the functions
of the Commission for Drafting the State Constitution, the third stage of
the seven-step Road Map, forging the national solidarity in the country
and cooperation with international communities including the UN".

This figure, too, is highly debatable. While the number of released may
include some of those detained in the wake of the September crackdown,
most of those freed were petty criminals with no connections to politics -
including 33 Thai nationals. According to the Association for Political
Prisoners-Burma, not one of the leaders of the 88 Generation Student Group
that initially organized the protests has been released, nor have any of
the leading monks involved.

According to Bo Gyi, the AAPP's chairman, "Only seven of the released
prisoners were political, but they were arrested in 2000 and 2001." The
tactic of releasing prisoners and tying the event to political statements
has frequently been used in the past by the regime as a way of trying to
appease the international community and deflect criticism. Bo Gyi said,
"It is a tactic. When there is international pressure they show the world
that they can release large numbers of prisoners."

Well-worn tactic
The SPDC has repeatedly been commended by the international community for
its past release of political prisoners. Prior political prisoner releases
have often acted to ease international pressure, under the misguided
impression that the junta is loosening its restrictions on the opposition.
The releases, often of low-ranking opposition figures, have to date never
led towards genuine dialogue or a move towards national reconciliation.

Rights groups note that the release of non-political prisoners is a
well-worn government tactic. In 1993-94, for instance, the military regime
rounded up hundreds of people at a time, who were then released a few days
later. Even pro-democracy leader Aung San Suu Kyi commented at the time
that if the regime wished to arrest five of her National League for
Democracy (NLD) members, they would arrest 105 people including the NLD
members, then release the other 100 for which the international community
congratulated it.

The releases now have the added benefit of focusing attention on the old
capital Yangon and away from other peripheral abuses, such as the junta's
continued use of forced labor, growing internal displacement, food
scarcity and human rights violations associated with the military's
ongoing counterinsurgency campaign along its borders. Recent reports from
Karen State indicate that the army is flooding the area with military
units as part of yet another dry season military offensive against ethnic
insurgents.

Meanwhile, liaison officer ex-Brigadier General Aung Kyi's three meetings
with NLD leader Suu Kyi have so far come to nothing. The only way real
political dialogue can be achieved is through meeting with the SPDC's
senior leadership, especially with the junta's chairman Senior General
Than Shwe - which the appointment of such a low-ranking liaison officer
was apparently designed to avoid. Aung Kyi's appointment does, however,
allow the junta the benefit of telling the international community that at
least some discussion with the opposition is underway.

The duplicity of this was shown in the Myanmar National Day speeches of
Information Minister Brigadier General Kyaw Hsan and Aung Kyi. While Aung
Kyi claimed to have made progress in his discussions with Suu Kyi, Kyaw
Hsan's speech made it clear that opposition groups would not be included
in the constitution drafting process. This presumably includes Suu Kyi and
her NLD.

Than Shwe in his National Day Speech reaffirmed support for the Seven Step
Road Map and on December 3 the Constitution Drafting Commission began work
on writing a new constitution, the third designation step in the process.
Although details are unclear, what is certain is that any constitution
that results will include provisions for a strong role for the military in
any future "democratic" Myanmar.

The international community, at long last, appears to be waking to the
junta's tactics. In a December 10 statement by UN Secretary General Ban
Ki-moon during a visit to Thailand, he said that "patience is running out"
with Myanmar. Whether that means the UN might consider imposing its own
set of economic or financial sanctions against the regime, as the US and
European Union have imposed, seems doubtful so long as China and Russia
use their veto powers to protect the junta from UN Security Council
censure, as they did earlier this year.

In the past when the international community's patience has run dry, the
UN and others have often turned a blind eye and moved on to making
pronouncements about the next global hot spot. And the junta has proven in
the past it has the patience to wait out international condemnation until
international attention shifts elsewhere. Once the spotlight is off, the
regime can revert back to form and continue the repression that has been a
part of life in Myanmar since the military first seized power in 1962.

Brian McCartan is a Thailand-based freelance journalist. He may be
contacted through brianpm at comcast.net.

____________________________________
PRESS RELEASE

December 12, National Coalition Government of the Union of Burma
NCGUB lauds block Burmese JADE Act, House of Representatives

The National Coalition Government of the Union of Burma (NCGUB) welcomes
the unanimous passing of the Block Burmese JADE (Junta's Anti-Democratic
Efforts) Act in the US House of Representatives.

We are deeply grateful to Congressman Tom Lantos (D-CA), chairman of the
House Committee on Foreign Affairs and one of the strongest supporters of
the Burmese democracy movement, and all the cosponsors for initiating the
bill.

The passing of the Block Burmese JADE Act is timely since it comes at a
time when the Burmese military regime after making pledges to the United
Nations and the international community is attempting to wriggle its way
out of the commitment to hold a substantive political dialog with Daw Aung
San Suu Kyi.

We, the NCGUB, believe that sanctions targeted at the financial and
economic interests of the Burmese generals are a crucial tool that support
the peaceful political initiatives of the democracy forces inside the
country and, therefore, support all "smart sanctions" that contribute to
peaceful change in Burma.

Effective action by friends of Burma is urgently needed at this juncture
to show the Burmese generals that the consequence of their intransigence
to change will only provoke tougher international action.

We, therefore, call upon the US Senate adopting the Block Burmese JADE Act
soonest possible.

____________________________________
STATEMENT

December 11, White House
President's statement on UN Special Rapporteur's findings on Burma

I am deeply disturbed by the report that UN Special Rapporteur Paulo
Pinheiro released today in Geneva documenting his findings from his trip
to Burma last month. It provides further alarming details about the
Burmese authorities' crackdown on demonstrations by monks and democracy
activists and the severe reprisals that continue today.

He describes how the regime harassed, detained, and killed many peaceful
demonstrators. The Special Rapporteur received reports, for example, that
a large number of bodies were burned September 27-30 at the Ye Way
Crematorium.

I strongly condemn these actions and the junta's refusal to accept the
need for real change in Burma. Even while Mr. Pinheiro was in Burma, the
regime continued to arrest and harass monks and democracy activists. The
regime has also closed down monasteries, including the Maggin Monastery in
Rangoon that served as a hospice and treatment center for HIV/AIDS
patients.

Mr. Pinheiro's report demonstrates why the world cannot go back to
business as usual with General Than Shwe and his junta. I call on all
members of the international community to condemn the atrocities detailed
in Mr. Pinheiro's report in the strongest possible terms. Last month, I
announced new sanctions on the leaders of the regime and their cronies.
Should the regime continue to ignore calls for a true democratic
transition and the release of Aung San Suu Kyi and other political
prisoners, the United States is prepared to lead international efforts to
place more sanctions on the regime. Laura and I will continue to stand
with the Burmese people as they seek the freedom they deserve.

http://www.whitehouse.gov/news/releases/2007/12/20071211-10.html

____________________________________

December 12, Asian Legal Resource Centre
Myanmar/Burma: Investigatory body must be proven to exist

In a statement read at the UN Human Rights Council on 11 December 2007,
the ambassador of Myanmar (Burma), U Wunna Maung Lwin, said that,

"On 31 October 2007, the Government of Myanmar has established the
Investigation Body chaired by the Minister for Home Affairs with a view to
investigating offences against fundamental human rights during the
September event. Therefore, it is not necessary to invite any kind of
international commission or mechanism to conduct further investigation as
recommended by the Special Rapporteur."

The ambassador was responding to the report of the UN Special Rapporteur
on Myanmar, Professor Paulo Sergio Pinheiro, into the violence against
protestors in August and September of 2007, which he characterised as
"excessive". He has recommended that the government "invite an
international commission of inquiry or fact-finding mission to investigate
in a more comprehensive manner the recent events".

The claim by the ambassador that there now exists a domestic investigating
body into the killings, abductions, forced disappearances, arbitrary
detentions and use of extralegal gangs of thugs in the aftermath of the
recent events is surprising, given that no such body has ever been
reported upon in the state media, and that no one-including the Special
Rapporteur-is known to have met with the body.

Does the body actually exist or is it just a piece of fiction intended to
sidetrack the Special Rapporteur's modest proposal for an international
mission? The Asian Legal Resource Centre is of the opinion that the
government must prove its existence rather than the United Nations presume
it.

The questions that must be asked of the government are: of whom aside from
the home affairs minister does this body comprise? What is its precise
mandate? What are its terms of reference? What are its powers? Does it
have the capacity to prosecute, or merely recommend? How far up the chain
of command is it authorised to make inquiries? How is it funded? How is it
staffed? Will it rely upon police personnel and existing police units,
given that the police force is under the minister concerned, or establish
an independent team of investigators? If the former, which parts of the
police force will it use? If the latter, from where will it draw its
investigators? What has it done since October 31? What will it do in
coming months? What is its planned duration? These are just some of the
most basic questions that the ambassador's announcement begs.

The Asian Legal Resource Centre also wishes to ask, were such a body found
to exist, how would it preclude the work of an international inquiry? Were
the two to exist and cooperate, and were the local one to be properly
arranged and credible, then it would present a tremendous opportunity for
a full accounting of the recent events to the satisfaction of all. Only if
the government claim to the existence of such a body is bogus should there
be any cause for concern on their part over the Special Rapporteur's
proposal, as the fraud would inevitably be exposed.

The Asian Legal Resource Centre thus calls upon the UN Human Rights
Council to do two things immediately in relation to the December 11
statement of the Myanmar ambassador. First, seek clarification from the
government as to the existence of the said investigating body, with
evidence to support the claim that this previously unknown agency actually
has been set up. Second, in the event that there really is an inquiry,
establish how an international mission may be set up to complement the
work of the domestic body, rather than allow the government to use the
latter as a pretext to deny the former.

Whatever else, the Asian Legal Resource Centre urges the Council to remain
resolute and rigorous in its work on Myanmar and not allow pretexts to
distract it from its important work on the country at this critical time.
The Human Rights Council too cannot simply be presumed to exist: it also
must prove it through words and deeds.

About ALRC: The Asian Legal Resource Centre is an independent regional
non-governmental organisation holding general consultative status with the
Economic and Social Council of the United Nations. It is the sister
organisation of the Asian Human Rights Commission. The Hong Kong-based
group seeks to strengthen and encourage positive action on legal and human
rights issues at local and national levels throughout Asia.




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