BurmaNet News, March 21, 2008

[Editor]

March 21, 2008 Issue # 3427


INSIDE BURMA
Irrawaddy: Burmese balk at immutable constitution
Irrawaddy: Junta increases security at Shwedagon Pagoda in Rangoon
Mizzima News: Splits emerge in Burma's army over country's roadmap
Mizzima News: Monks in exile urge people to boycott and rise against junta
Mizzima News: Fire breaks out in downtown Rangoon
DVB: Htin Kyaw appears in court
DVB: Censors allow Ludu Sein Win to publish again

BUSINESS / TRADE
Xinhua: Myanmar, Brunei to promote trade ties

ASEAN
AFP: Thailand to use 'quiet diplomacy' to make Myanmar democratic

INTERNATIONAL
Irrawaddy: ILO urged to take action on forced labor issues in Burma

OPINION / OTHER
Mizzima News: Revelations in the absurd
Mizzima News: Junta justifies plans for continued rule


____________________________________
INSIDE BURMA

March 21, Irrawaddy
Burmese balk at immutable constitution – Wai Moe

As Burma prepares for a referendum on the ruling junta’s draft
constitution, many Burmese are expressing growing uneasiness over the
prospect of a dead-end charter that appears to be carved in stone.
Although the regime has yet to disclose the full contents of the
constitution, many have already decided to reject it on the grounds that
it will be virtually impossible to change once it comes into force.

Under Section 12 of the draft charter, any amendment would require the
support of more than three-quarters of members of parliament. However,
with 25 percent of seats going to military appointees, the chance of
changes being introduced against the wishes of Burma’s powerful generals
is effectively nil.

Two weeks ago, when United Nations Special Envoy Ibrahim Gambari was in
the country to press for a more inclusive political process, he was told
by the head of the junta’s Spokes Authoritative Team, Information Minister
Brig-Gen Kyaw Hsan, that the constitution would not remain unchanged
forever.

“The democratic rights of the countries where democracy has flourished are
different from the democratic rights when they started to practice
democracy,” the Information Minister said in a lecture to the visiting
envoy on March 7. “It took time for these countries to make their
democratic rights mature to the present level. We also will change and
develop gradually.”

When the junta announced in early February that it would hold a referendum
on the constitution in May, some cautiously welcomed the move as opening a
door to future democratic changes. Now, however, many say that there is
little room left for such optimism.

“Some people thought that the constitution could be modified in the
future. But now that I’ve looked at some of the basic principles of the
constitution, I can see that this thinking is totally wrong,” said a
businessman in Rangoon, speaking on condition of anonymity.

“If we cannot change the constitution, how can we accept it?”

Despite growing doubts about the constitution, however, he also ruled out
any likelihood that the outcome of the referendum would reflect the will
of the people.

“Under military rule, we cannot openly say what we really want because we
are afraid. So a genuine referendum and election is impossible in this
country.”

Win Min, a Burmese political analyst based in Chiang Mai, Thailand also
said that it would be meaningless to endorse the constitution without
guarantees that it can be altered to meet the needs of the country.

“If we cannot modify the constitution, democratization in Burma cannot
grow,” he said, noting that the regime had been careful to block any
prospect of unwanted changes.

He also rejected as naïve the argument—made by some exiled dissidents and
opposition politicians inside Burma—that the new constitution might pave
the way to improvements in the country’s political situation.

While some say that the opposition should be flexible in its approach to
the referendum, other observers note that the real problem lies in the
inflexibility of the constitution itself.

Speaking to The Irrawaddy on Friday, a Burmese journalist working for an
international news agency in Rangoon described the junta’s constitution as
“too rigid” to withstand Burma’s political challenges.

“Making a constitution is like building a house—the foundation is the most
important part. Over time, the structure on top of this foundation will
need to be changed, but this won’t be possible if the foundation is not
strong,” he said.

He added that constitutional amendments should be possible with 50 percent
approval in parliament. Without this, he said “there is no room to
maneuver.”

“If we cannot change the constitution, Burma is on a river of no return.”

____________________________________

March 21, Irrawaddy
Junta increases security at Shwedagon Pagoda in Rangoon – Min Lwin

Security forces, including policemen, fire fighters and members of the
civilian militia Swan-Ah-Shin, were increased in the area around Shwedagon
Pagoda on Friday, which marks Taboung, or Full Moon Day, one Buddhism’s
most sacred days.

Full Moon Day is celebrated each year with people flocking to the pagoda
to pay homage, worship or to donate funds for the pagoda’s upkeep.

A local resident told The Irrawaddy that hundreds of policemen and
soldiers with weapons have been positioned around the Damayones religious
hall, where people gather for Buddhist rites. Military trucks are parked
in the Damayones compound near the pagoda.

“Police, soldiers, fire fighters and Swan-Ah-Shin have been stationed at
every stairway of the Shwedagon pagoda. The soldiers have red cloths
wrapped around their neck,” she said. “Non-uniform military intelligence
agents and police are going around the pagoda and clearly watching people
whom they suspect.”

A monk told The Irrawaddy that the non-uniform military agents and police
were watching monks who come to the pagoda.

“Security forces closed all entrances to the Shwedagon Pagoda and bales of
rusted barbed wire are heaped on the street,” the monk said.

“The troops are taking over the pagodas,” said a woman resident. “It is as
if they are guarding them like internment camps.”

Security forces were seen checking people’s ID cards and observing their
prayers, according to residents.

Shwedagon Pagoda has frequently been a center of political activity since
the Colonial Era when university students gathered there to plan strikes
against the British. The September 2007 monk-led uprising started at the
pagoda.

An Irrawaddy correspondent in Rangoon contributed to this report.

____________________________________

March 21, Mizzima News
Splits emerge in Burma's army over country's roadmap – Larry Jagan

There is a growing rift within Burma's military government over the
country's political future and road-map to democracy. A battle is now
beginning to emerge between those who are currently in control of most of
Burma's assets and those who see themselves as the country's true
guardians. Several key members of the ruling junta are secretly being
investigated for corruption.

The junta is no longer cohesive and united, as two major camps have
clearly emerged. On one side there are the ministers and members of the
State Peace and Development Council (SPDC) who have major business
interests and are associated with Than Shwe's brainchild, the mass
community-based Union Solidarity and Development Association (USDA).

On the other side are the top ranking generals, led by second in command
Maung Aye, who want a professional army and see its main role as protector
of the people. They have become increasingly dismayed at corruption within
the government and understand that it is undermining the army's future
role in the country.

As the war between these two groups escalates, Senior General Than Shwe's
rapidly deteriorating health has effectively left the country without a
real leader. The result is total inertia in government administration and
a growing fear that one of the contesting factions may launch a "soft
coup" in the near future, according to Burmese military sources.

But the "real" Army, as these officers view themselves, is going to have
to act quickly if it is to remain a force to be reckoned with. The planned
referendum for May and the election in two years time will radically
change the country's political landscape. The USDA, which is organising
both the referendum and the elections, will significantly increase its
power and control over the country's new emerging political process.

Senior members of the army are increasingly resentful of the growing
dominance of the USDA and the likely curtailment of the army's authority
after the referendum in May. "It will bring an abrupt end to the army's
absolute power," said a Burmese government official.

At the center of this emerging battle for supremacy is the growing
division within the Army between those who graduated from the Officers
Training School (OTS) like Than Shwe, and those who went to the Defence
Services Academy (DSA) like Maung Aye.

Many Cabinet ministers associated with the USDA are from the OTS, as are
several hardliners within the ruling SPDC, though some no longer have
operational commands. These leaders are known to have the ear of Than Shwe
and have convinced him to take an uncompromising stand against detained
opposition leader Aung San Suu Kyi and her party, the National League for
Democracy (NLD).

These key ministers, including Industry Minister Aung Thaung, Fisheries
Minister Maung Maung Thein (who is also head of the powerful Myanmar
Investment Commission), Construction Minister Saw Htun and Agriculture
Minister Htay Oo (who is also a key leader of the USDA), are notorious
hardliners and amongst the most corrupt members of the government.

They have all amassed huge personal fortunes from smuggling and kickbacks.
"These fellows are out of control and racking up the money from bribery
and fraud – not even Maung Aye, who despises excessive corruption, can
touch them," a Burmese military source told Mizzima on condition of
anonymity.

They have been in government now for over eight years and are entrenched
in their lifestyles and practises. Everyone seems powerless to stop them
at present, according to Burmese government sources. "They are known as
'the Nazis' within the top ranks of the army," according to a Burmese
businessman with close links to the military hierarchy. "They have the
money and they have their own militia," he added.

Many in the army now fear that this group – with some senior officers in
the SPDC, current or former heads of the Bureau of Special Operations
(BSO) – are planning a grab for power using the USDA as a front. "They are
the real enemies of the people," said the Burmese businessman.

But there are now growing numbers within the army that are viewing these
developments with increasing concern. There is mounting resentment and
frustration amongst the junior officers in the Ministry of Defence in the
new capital of Naypyitaw (Nay Pyi Taw).

Many of the junior officers are divisional commanders, aged between 47 and
55. These are the army's "young Turks," who are alarmed at the way in
which the USDA is growing in influence at the expense of the army.

"They are watching their unscrupulous colleagues, hiding behind the
uniform, building up massive fortunes from corruption in government and
they are worried that this tarnishes the image of the army," said a source
in Naypyitaw.

"It's time to get rid of the OTS bastards," an officer recently told a
visiting businessman. But so far there are no signs of a palace coup. Many
officers may feel aggrieved, but there is no open discussion as yet about
doing anything in practise. "The climate of fear that pervades the whole
country is also prevalent in the military," a Thai military intelligence
officer told Mizzima.

"There is no doubt that many in the army are extremely unhappy with they
way things are going, and are concerned about what will happen to them
after the referendum and the elections," he said. "But they are army
officers, and will continue to obey their orders unquestioningly," he
said.

Yet there are now signs that the top few generals under Than Shwe may be
beginning to form an informal alliance against the USDA leadership – and
possibly Than Shwe himself. These are the deputy chief of the military,
Maung Aye, Chief of Staff Thura Shwe Mann, Prime Minister Thein Sein and
Secretary One of the SPDC, Tin Aung Myint Oo.

So far there is little to suggest that they are planning a purge of their
opponents in the same way that former Prime Minister Khin Nyunt and his
intelligence apparatus were crushed four years ago. "Nothing can be ruled
out at this stage as resentment and anger is growing amongst the junior
officers and rank-and-file soldiers," said Win Min, an independent analyst
based at Chiang Mai University.

But a pre-emptive strike against some of the key people in the USDA is
definitely underway. Fisheries Minister Maung Maung Thein and the BSOs,
Maung Bo and Ye Myint, are being secretly investigated by the Bureau of
Special Investigations over bribery, kickbacks and illegal smuggling, a
source inside the regime told Mizzima.

Maung Maung Thein and Maung Bo are under intense scrutiny for allegations
of smuggling. At least 90 percent of the fish caught in Burmese waters are
smuggled out through Thailand, especially Ranong, according to informed
industry sources. Burma is estimated to be losing more than $500 million
as a result.

For more than six months now the Myanmar Investment Commission, also
controlled by Maung Maung Thein, has refused to grant import and export
licenses to those in the construction industry to anyone not part of the
USDA, according to Burmese businessmen. Licences granted for construction
projects are crucial for the economy. For example, licenses are obtained
to import cars and trucks theoretically needed for a construction project
but instead sold for a massive profit.

Several other ministers and members of the SPDC and their families are
also under investigation, according to government sources. Maung Maung
Thein's infamous son, Ko Pauk (Myint Thein) had his timber business
dissolved a few weeks ago for malpractice. Maung Bo's son's business, the
Hurricane Bar, is also under investigation concerning drugs.

There are many other businesses and businessmen affiliated with USDA
members being investigated, including the Managing Director of Asia Light,
Soe Myint.

This has not happened in the past and indicates the concern the top
military commanders have about corruption and what it is doing to the
army's reputation. "It's an effort to distinguish between the government
or USDA and the army," a senior military man told Mizzima.

Most of this is still behind closed doors. There is still no open
confrontation between the two camps. In part that is because the SPDC
quarterly meeting has been continuously postponed by Than Shwe for fear
that it may open up a war between himself and his top subordinates.

One of the main reasons the ruling council has not met for more than nine
months is that Than Shwe is trying to avoid the meeting as he knows Maung
Aye will demand the resignations of at least four of the BSOs – including
Maung Bo and Ye Myint. The last meeting reportedly ended when Maung Aye
refused to accept Than Shwe's recommendation that Maung Bo be promoted to
a full general, according to Burmese military sources.

At least two of them have since been removed from their commands – Khin
Maung Than and Maung Bo being replaced by Khin Saw and Tha Aye (both
graduates of the DSA) and Myint Hlaing is soon expected to replace Tin
Aye. However, although they no longer have operational command for their
regions they remain on the SPDC, imposed by Than Shwe.

If these three BSA commanders and DSA officers also replaced their
predecessors on the SPDC it would radically change the composition of the
council. Four years ago, with the support of his OTS men, Than Shwe's
authority was unchallenged – but with these new promotions Maung Aye and
Thura Shwe Mann would effectively control the SPDC.

As a result of the constant postponement of the SPDC quarterly meeting all
promotions within the army have ground to a halt. "The top generals have
not met [for the quarterly meeting] for months, since before the August
and September protests. So during that time, apart from the appointment of
three regional commanders, there have been no promotions," said Win Min.

"The impact of this will certainly add to the growing frustration amongst
some of the commanders who should have already been promoted," he said.

Time is now running out for the top generals under Than Shwe if they are
to take control.

They know that after the referendum in May their position will become
increasingly less significant, as Ministers and selected military generals
move into the USDA and take up civilian roles in the future. At the same
time they fear that widespread corruption will also destroy the country
and its political stability.

"The real Army is the only institution that can bring genuine democracy to
the country in the future," a military man told Mizzima. "The new
generation of officers represent the real hope for the country." They
would be open to a political dialogue with Aung San Suu Kyi, he insisted,
as they see themselves as the real guardians of the country.

In the meantime, Than Shwe's health is rapidly deteriorating and he is
fast losing his memory. He is increasingly withdrawn and reclusive. His
position is now becoming progressively more perilous, despite his
carefully planned schemes, according to many specialists on Burma's
military.

"It is not worth risking a crisis when nature may solve it for us legally
and peacefully," Maung Aye recently told some of his close confidantes.
But with the referendum only weeks away the army may yet have to move
against the corrupt USDA lobby before it's too late.

____________________________________

March 21, Mizzima News
Monks in exile urge people to boycott and rise against junta – Nay Thwin

In a major development, for the first time since the September 2007
protests, a monk's organization has exhorted people both inside and
outside Burma to rise against and boycott the Burmese military junta and
its seven-point road map including the referendum. The call is being
dubbed "a battle cry by the monks".

The call comes from the Burmese monks' organization in exile and the
statement is signed by Badanta Kawida Biwuntha (Masoyane monastery senior
abbot) of the All Burma Monks Association (ABMA) or Sasana Moli. It urges
both the people and monks inside Burma and monks and pro-democracy
activists in exile to join hands and boycott the regime and its plans from
April 26, 2008.

Ashin Pyinyar Zawta, who was the 'Taikot' abbot of Maggin monastery in
Thingangyun Township, Rangoon and is now living on the Thai-Burma border
said, "The monks have expressed their dislike of the referendum to be held
in May. We have communicated our position to other organizations,
political parties and pro-democracy forces. We alert and remind them to
remain prepared."

Ashin Pyinyar Zawta, the senior abbot, is a patron of the ABMA and played
a key role in preparing the ground before the saffron revolution.

The statement released on Thursday urged members of the ABMA across the
world, pro-democracy forces, various organizations, the monks inside
Burma, students and people, workers, farmers and genuine people's soldiers
that they should raise the banner of revolt on April 26 bravely, and
simultaneously go for a boycott inside and outside the country along with
the Sasana Moli.

Ashin Pyinyar Zawta said, "The people are divided on how to oppose the
junta. Some are calling for a 'NO' vote, some want a boycott of the
referendum. These options are being considered. We have presented an
alternative plan. The monks have pointed out to the people that there is
an alternative way to protest against the junta's plans. These are neither
boycott nor 'NO' vote. We will show the alternative way where the people
should take to the streets and chant slogans."

U Sandaw Bathasara from ABMA New York, US Chapter said, "We are still
observing the Ex-communicative boycott against the regime. This means we
cannot recognize what the regime is doing. So we urge the people in Burma
to join hands with the Sasana Moli in protesting against the national
referendum. In this way, the stage of boycotting or casting 'NO' vote will
not be reached otherwise it will seem as if we are assisting the regime in
their game plan. Thus we believe that we cannot let the referendum take
place. An uprising is badly needed before the referendum stage is
reached".

"This is a battle cry by the monks. We are pleased to see that monks are
actively participating in this national struggle. We recognize them for
their activities. We prefer coordination with the pro-democracy forces in
every action of ours", he added.

Sasana Moli was formed in Los Angeles, California State, US on October 27,
2007. Now chapters have been formed in US, UK, Europe, Canada, Bangladesh,
New Zealand, Australia, Taiwan, Singapore, Malaysia, Thailand, Sri Lanka
and India totaling over a dozen countries.

The US based Sasana Moli HQ will chant paritta in front of UN office in
New York, preaching sermons, holding religious observance for fallen
martyrs among monks and people who sacrificed their lives and hold a
peaceful protest march in procession on April 26.

____________________________________

March 21, Mizzima News
Fire breaks out in downtown Rangoon

A fire broke out on Lanmadaw street of Lanmadaw township in downtown
Rangoon on Friday night.

The blaze started at 8:30 p.m. Local Standard Time and was brought under
control by 10 p.m. More than 20 fire engines rushed to the spot where the
fire started from an electric short circuit in an old air conditioner of a
room of a residential building.

____________________________________

March 21, Democratic Voice of Burma
Htin Kyaw appears in court – Aye Nai

High profile activist Htin Kyaw appeared in court yesterday to defend
himself against charges brought by the government for his role in
demonstrations in August last year.

He was accompanied in court by his defence lawyer U Maung Maung Latt, who
is a central court lawyer.

Witnesses for the prosecution gave evidence during yesterday’s trial of
the activist, who was arrested on 25 August for his part in instigating
protests over commodity price increases.

His next hearing is due to take place on 28 March.

Htin Kyaw was placed in solitary confinement at the beginning of the month
after shouting political slogans against the government and upcoming
national referendum.

____________________________________

March 21, Democratic Voice of Burma
Censors allow Ludu Sein Win to publish again – Aye Nai

Veteran journalist Ludu Sein Win has been informed by the state censor
board that his writing can be published again after a brief ban, he told
DVB yesterday.

Three journals which regularly feature Ludu Sein Win’s work were told last
week by the censor board not to publish his articles until further notice.

Speaking in an interview with DVB yesterday, the writer said he had been
told he could resume publication on Monday.

"I was informed by an official from the censor board that I can start
writing in publications again from this coming Monday," he said.

Ludu Sein Win said he had been given no explanation for the censor board’s
decisions, but assumed the ban was connected to a political speech he made
that was disseminated on the internet.

"I think it has something to do with my speech which came out on 8 March,”
he said.

“It seemed like some officials from the censor boards decided to suspend
my articles from being published until they heard from their superiors."

In the speech, Ludu Sein Win called on people to use their power to rise
up and oppose the military regime.

He said that despots would never willingly relinquish power and that the
Burmese people should not waste time waiting for the United Nations to
rescue them.

Speaking yesterday, Ludu Sein Win expanded on the comments made in his
speech.

"I don't believe that any outside forces, such as the UN or the United
States, have the capacity to bring change to Burma. I only believe in my
people," he said.

"At this time, we have to act according to the situation. We can't just go
out onto the streets and cause riots because someone told us to oppose the
military dictatorship using people's power; in fact there are many other
ways to express our opinion,” he went on.

“It is actually the influential people and organizations who should be
saying these things. I'm only saying this now because they are not doing
it."

____________________________________
BUSINESS / TRADE

March 21, Xinhua
Myanmar, Brunei to promote trade ties

Major business organizations of Myanmar and Brunei have reached a
memorandum of understanding (MoU) on promoting trade ties between the two
countries, especially in trading of Myanmar's gems, jade and jewelry, a
leading local weekly, the Myanmar Times, reported Friday.

The recent MoU between the Union of Myanmar Federation of Chambers of
Commerce and Industry (UMFCCI) and its Brunei counterpart was the last
which Myanmar initiated with member countries of the Association of
Southeast Asian Nations (ASEAN), the report quoted the UMFCCI as saying.

The MoU has paved way for Brunei entrepreneurs to have access to Myanmar's
gems shows held seasonally in which the Brunei business community has
shown interest, the sources said.

Brunei stands the 7th largest trading partner of Myanmar among ASEAN
nations with their bilateral trade volume being expected to grow more.

According to official statistics, Myanmar-Brunei bilateral trade accounted
for about 800,000 U.S. dollars out of Myanmar's total trade with ASEAN
members which stood at 4.06 billion dollars in 2006-07.

In July last year, Brunei exempted tariff on over 204 items of products
imported from Myanmar under the ASEAN Integration System of Preference
program in a bid to boost the country's textile production, local media
reported earlier.

____________________________________
ASEAN

March 21, Agence France Press
Thailand to use 'quiet diplomacy' to make Myanmar democratic

Thailand pledged Thursday to help transform Myanmar into a democracy
through quiet diplomacy, but said that change has to come from within and
Western sanctions against its military-ruled neighbor would fail.

Thai Foreign Minister Noppadon Pattama said, as a start, his country would
help Myanmar organize a May constitutional referendum preceding elections,
both of which he emphasized should be "inclusive and credible."

"Quietly though slowly, we aim to turn this burden of proximity into a
pragmatic opportunity for the sake of the people of Myanmar, our next door
neighbour," he said at a forum of the Washington-based Center for
Strategic and International Studies.

Speaking after talks with US Secretary of State Condoleezza Rice, where
Myanmar was a key subject, Noppadon said the issue should not be a
stumbling block to relations between the United States and the Association
of Southeast Asian Nations (ASEAN).

"As things now stand, we should be frank the ASEAN-US partnership has been
kept from developing to its full potential in no small part by the issue
of Myanmar," said the foreign minister of the newly elected Thai
government.

"In fact, this issue has unfortunately even spilled over into the
discussion on Thai-US relations. My question is: is this worth it for both
of us?."

Noppadon emphasized that imposing sanctions or putting pressure on Myanmar
"would not work," saying that economic engagement with the state, as well
as technical assistance and infrastructure development to it, could help
lay the foundation for a successful democracy.

"As a friend, Thailand can give Myanmar neighborly advice and as a friend,
we will be in better position to persuade them to see the merit of
democracy, respect for human rights and rule of law," he said.

"Indeed, if Thailand, Indonesia and the Philippines could be taken as
examples, democratic change has to come from within and not from outside."

Noppadon also said that he had conveyed the concerns of the international
community to Myanmar's ruling military junta during Thai Prime Minister
Samak Sundaravej's visit to Yangon last week.

World powers condemned Myanmar's military general for their bloody
crackdown on peaceful pro-democracy protests in September last year.

At least 31 people died in the unrest, according to the United Nations,
although Human Rights Watch put the toll at more than 100.

Noppadon said he also informed Myanmar's military rulers of "our wish to
see continued momentum towards democratization and national
reconciliation, the need for credible and inclusive referendum and
elections, and importance of Myanmar's continued cooperation with the
United Nations.

"As a first step, the Myanmar authorities have been receptive to our offer
to share Thailand's experiences on holding a national referendum for the
constitution," he said.

The referendum is meant to pave the way for multiparty elections in 2010.

But pro-democracy icon Aung San Suu Kyi, whose party's sweeping victory in
1990 elections was not recognized by the military, is barred from
participating in the vote under the newly drafted constitution because she
had been married to a foreigner.

The Nobel peace prize winner has spent 12 of the last 18 years under house
arrest.

Noppadon stressed the political limitations in ASEAN, where member states
cannot interfere in each other's internal affairs.

"That is a line we cannot cross but we (Thailand) will, as the new
chairman of ASEAN, engage more actively with Myanmar. I am a pragmatist
and optimist and hope that one day there would be change in Myanmar."

Thailand will take over this summer from Singapore as chairman of the
10-member ASEAN grouping, which also comprises Brunei, Cambodia,
Indonesia, Laos, Malaysia, Myanmar, the Philippines and Vietnam.

____________________________________
INTERNATIONAL

March 21, Irrawaddy
ILO urged to take action on forced labor issues in Burma – Violet Cho

Labor rights activists and members of the main opposition party in Burma
have urged the International Labour Organization (ILO) to take effective
action on complaints about forced labor issues which they allege are
widely carried out by the military government.

Myat Hla, a senior member of the opposition National League for Democracy
(NLD) in Pegu Division said that as the ILO has made an agreement with the
military regime in respect of the forced labor issue in Burma, they should
take the matter seriously and help stop the problem spreading throughout
the country.

“The military regime usually says that it does not practice forced labor,
but in reality local authorities always force people to work building
military camps, constructing roads and in many other ways,” he said.

Myat Hla urged the ILO not to believe everything the regime said. “The
military government tells the ILO about how they will not arrest or
disturb people who file complaints, but there are so many examples of the
military breaking their promise by persecuting and arresting people,” he
said.

According to a labor activist who refused to be named, the ILO should
conduct mass education to expand public awareness and let people know that
the local military authorities do not have the right to force them to
“volunteer” their labor. He added that the ILO should also teach people
that they have the right to make complaints in cases of forced labor.

The ILO organized a 12-day meeting in Geneva, Switzerland, which finished
yesterday, followed by wide-ranging discussions on basic labor rights in
Burma and other countries.

After the meeting, the ILO governing body called on the Burmese
authorities at the highest level to make public statements reconfirming
the prohibition of any form of forced labor and their ongoing commitment
to the enforcement of that policy.

The ILO’s Executive Director Kari Tapiola visited Burma from February 25
to 28 and concluded in his report that the Burmese regime must take
effective measures to restrain the persecution of the complainants and
their representatives who provide information about forced labor.

The ILO governing body also confirmed their call for the immediate release
of Burmese labor activists.

According to ILO reports, the military regime is currently detaining six
labor activists who have been sentenced to between 20 and 28 years
imprisonment after they had tried to organize celebrations and a seminar
on labor issues for International Labour Day on May 1, 2007.

The ILO Committee on Freedom of Association has stated that the six
persons referred to in the complaint were punished for exercising their
fundamental right to freedom of association and freedom of expression. The
committee has urged the military government to take the necessary measures
for the release of the six activists: Thurein Aung, Wai Lin, Nyi Nyi Zaw,
Kyaw Kyaw, Kyaw Win and Myo Min.

According to labor activist sources, more than 30 people who used to work
on forced labor issues were arrested and are now under detention.

The ILO governing body called on the Burmese government to strengthen its
cooperation with the ILO, and in particular with its liaison officer in
Rangoon, to ensure the effective operation of the agreement and the
implementation of its obligations under Convention No 29, prohibiting the
use of forced labor, as well as the recruitment of minors into the
military.

The ILO recently extending by one year the “Supplementary Understanding”
agreement between themselves and the military regime, which aims to
eliminate forced labor in Burma.

____________________________________
OPINION / OTHER

March 21, Mizzima News
Revelations in the absurd – Christopher Smith

The recent comments of Thai Prime Minister Samak Sundaravej on Burma have
been the source of much amusement and ridicule, as should be expected
given the absurd nature of his comments. Yet, focusing on the absurdity
blinds us to reality.

One school of thought on the Prime Minister's remarks, including such gems
as referring to Than Shwe as a good Buddhist and stating that peace and
order reign supreme in Burma, might be to consider Samak a highly complex
and cunning politician.

Abraham Lincoln once quipped that "Tact is the ability to describe others
as they see themselves." Thus, albeit highly unlikely, maybe the Prime
Minister was merely demonstrating remarkable diplomatic tact to gain the
upper hand in dealing with Burma's generals – who undoubtedly like to
think of themselves as devout Buddhists ensuring a peaceful and orderly
Burma.

More likely, given ASEAN Secretary-General Surin Pitsuwan stern rebuke to
Samak that the Burmese political situation requires "in-depth
understanding and respect for its sensitivity," Thailand's Head of State
was simply expressing the truth with regard to Thai policy vis-à-vis
Burma.

It is easy to point out the Prime Minister's gross denial of the ground
reality inside Burma, but such a focus entirely misses the substantive
issue. Samak, cognizant of the Burmese situation, depicted Burma and its
generals as he did because such claims best coalesce with the perceived
interests of Thailand.

It is not that Samak missed the point when speaking of Burma or is
oblivious to the other side of the coin, in reference to his remark on
their being two sides to every coin, but that Thailand has flipped the
coin, and Burma's generals have won. Representing the perceived interests
of his government, Samak was right on point. Whether one agrees with the
position of the current Thai government and their assessment of the
country's interests is whole other question entirely.

As American author Garrison Keillor remarked, "I believe in looking
reality straight in the eye and denying it." Samak's retorts are not
evidence of being blind to the reality of Burma but rather indicative of a
purposeful, political and economic decision to choose to ignore reality.

His remarks are in fact a revealing look at the actual position of
Thailand. And just as absurd as his comments were, belief in the prospect
of Thailand playing a leading and constructive role in addressing Burma's
ills is also indulging in the denial of reality.

While Burma's junta most assuredly did not take kindly to U.N. Special
Rapporteur on Human Rights in Burma Paolo Sergio Pinheiro's revelation
that belief in the junta's democratic reforms is synonymous with certitude
in the likes of trolls and gnomes, the junta had other reasons to renege
on its reported previous approval of a visa for the Special Rapporteur.

In the debate following Pinheiro's presentation on the situation in Burma
to the U.N. Human Rights Council last week, Burma's generals could take
great comfort in the subtle, but distinct, support for their exclusive and
unilateral imposition of a road-map to democracy. And those who spoke of
the need for a special understanding of Burma's position and recognition
of the steps taken by the junta to deliver democracy to the country were
not merely the usual scapegoats of China and Russia, but also included
fellow ASEAN countries such as Indonesia.

For the Thai government the problem was not with what Samak stated, but
rather how the views were expressed. What he should have done,
diplomatically, was to speak in words similar to those of representatives
in Geneva present for the debate on Pinheiro's presentation.

Samak would have been wise to toe the familiar rejoinder of numerous
governments to the dilemma, stating Thailand's desire to see democracy and
national reconciliation in Burma while also making the point that it is
important to appreciate the unique problems confronting the state and
correspondingly assess them in their proper context.

The fear of course, to paraphrase Voltaire, is that belief in the absurd
will only pave the way for future atrocities. And this is a distinct
possibility; one that it would be hoped Thailand and Prime Minister Samak
would wish to see avoided.

It is beyond doubt that in his remarks Samak demonstrated a considerable
lack of political acumen, but by refusing to acknowledge reality in the
way he did, he succeeded in more openly exposing the world to another
reality, that of Thailand's official position toward Burma and its
military clique.
____________________________________

March 21, Mizzima News
Junta justifies plans for continued rule – Mungpi

In a gesture to justify its forthcoming constitutional plans, Burma's
military junta on Friday took pains to explain part of the contents of its
draft constitution, which will be put forward for approval in May.

The Burmese military junta, which has plagued the country with over 40
years of disastrous rule, today said its plan to take 25 percent of seats
in legislative bodies is aimed at balancing power between ruling and
opposition political parties.

The explanation, written in the form of an article in the state-run media
– New Light of Myanmar – said the participation of the military, known as
the Tatmadaw, is immensely important in maintaining stability and in
guaranteeing the progress of the country.

The article, written under the pseudonym Si Thu Aung, argues that the
earlier electoral experiences of Burma clearly show that the ruling party
neglects the peoples' voices and opposition views, which leaves the
constitution as valuable as "a paper sheet."

Further, party politics forced groups to seek the support of independent
representatives-elect and small parties in order to win more votes,
prioritizing gaining political power over the national interest, the
article said.

"Twenty-five per cent of seats in the legislative bodies are designated
for Tatmadaw member representatives to be able to address such cases," the
article reasoned.

The article, run in the junta's official mouth-piece, is the first
official clarification on the contents of the junta's draft constitution.

While the full contents of the junta's draft constitution remain
undisclosed, according to the '104 basic principles' drafted by the junta
for the constitution, besides 25 percent of seats in legislative bodies,
the military is vested with veto power to declare a state of emergency
virtually anytime it wants without parliamentary oversight.

The principles also guarantee the military a place in the executive branch
as the President will be elected only after the military's approval. The
President is to be invested with enormous power and will work
independently from the legislature and be granted immunity from
prosecution.

With such points embedded in the constitution, critics say the junta
prefers to keep the actual content of the constitution undisclosed and
proceed to seek approval from the people via unscrupulous means.

Legal perspective

While the Burmese military junta claims that the draft constitution is
drawn up under the guidance of legal experts and proclaims its legality,
Aung Htoo, a lawyer from the Burma Lawyers Council, an exile-run
organization, said the junta's constitution sets a new record for all the
flawed constitutions that Burma has witnessed.

"In all democratic constitutions, there has never been a practice of
giving parliamentary seats to the military to balance power," Aung Htoo
said.

Aung Htoo, who has studied the junta's '104 basic principles', said the
junta's claim of taking 25 percent of seats in legislative bodies means
having unelected reserve seats in both the upper and lower houses.

Aung Htoo went on to comment that there has only been a practice of
appointing Members of Parliament in the upper house, whereas the lower
house has always been for elected representatives of the people.

"This justification for power balancing with the military is an odd idea
and has never been practiced anywhere," Aung Htoo remarked.

He added that it is a clear indication that the junta does not want to
give up their rule but merely intends to establish a puppet civilian
government which they can showcase to both the internal and international
community.

Aung Htoo said that per the junta's draft constitution the Tatmadaw will
lead the cabinet, which in turn will actually deal with governing the
country.

According to the draft constitution, a nominee for president of the
country must have a military background. In other words, the President
cannot be elected from among the civilian population, Aung Htoo continued.

Another feature of the junta's constitution, which is highlighted in the
basic principles, is that any constitutional amendment requires 75 percent
approval, a clause mainly intended to safeguard the constitution from
amendment.

Aung Htoo believes that, "For a constitution so rigid, it needs an
equivalent percentage of votes to approve it."

But the junta has not set any minimum percentage of votes to approve the
constitution and does not draw any lines on how it will be approved.

Referendum process

Since the junta first announced its planned seven-step roadmap to
democracy in 1993, there has been a wide-range criticism over the flaws of
the process. However, over 14 years, the junta has managed to move on with
its plan and has arrived at a crucial stage of the process.

The ruling junta, in early February, announced that it will hold a
constitutional referendum in May followed by a general election in 2010.

While the junta prepares the groundwork for the forthcoming referendum by
providing registration services and identity cards, even to ethnic
ceasefire groups – whom the junta sees as forces supporting its
constitution – critics maintain the process lacks transparency.

Critics say it is still unclear how the junta plans to tally the results
of the polling with no declaration given as to the minimum percentage of
votes required to approve the constitution or concerning the handling of
abstentions.

Aung Htoo believes that with the junta so secretive of the referendum
process, it is likely that the junta will use a simple majority to approve
the constitution.

"In a simple majority, the junta will not count the abstain votes. For
example, out of 100 voters if 30 abstain with 34 votes 'No' and 36 votes
'Yes', it will be counted as 'Yes', despite the 64 votes that do not
support the referendum," Aung Htoo explained.

Yet even in the face of the junta's dubious plans, opposition leaders and
groups both inside and outside Burma seem to be drifting in different
directions in their responses to the upcoming poll.

While a few activist groups call on the people to participate in the
referendum and vote 'No', several others urge a boycott through
abstention.

While the rift among exile Burmese activists is mainly ideological, for
the vast majority of people inside Burma it is mainly a lack of
information on the constitution and a sense of lost hope with respect to
opposition groups coming up with any concrete solution.

Despite the junta's claim that it widely circulated the contents of the
constitution in the New Light of Myanmar in 2007, today's article is the
first that debates and justifies the junta's stand.

Possible wrong choice

The junta claims that at least 24 million people, nearly half of Burma's
population, are members of its puppet organization, Union Solidarity and
Development Association (USDA). And sources say members of USDA are being
provided various means of assistance to support the junta's constitutional
plans.

Moreover, junta officials are reportedly visiting places along the
frontier, particularly in Shan and Kachin States, and meeting members of
ceasefire groups and providing identity cards making them eligible to
vote.

Aung Kyaw Zaw, a Burmese analyst based on the China-Burma border earlier
told Mizzima that many ceasefire groups are ready to cast their votes in
the upcoming referendum.

Aung Htoo concluded that "if the junta's expectations are to be
understood, then the opposition cannot afford to lose their votes by
boycotting the poll, rather it is necessary to vote 'No'."