BurmaNet News, October 16, 2008

[Editor]

October 16, 2008 Issue # 3578

INSIDE BURMA
AFP: Aid groups blast ASEAN-led report on Myanmar relief effort
Irrawaddy: More than 100 NLD youth members resign
KNG: Burmese soldiers assault village headman for helping KIA
Narinjara: Six democracy activists placed with criminals in Sittwe prison
IMNA: Dr. Marn Thet San, patron of Mon culture, passes away at 79
DVB: MP-elect Ngwe Tun dies in hospital
DVB: Earth tremors cause concern in Bogalay township

BUSINESS / TRADE
IMNA: Global economic slowdown affecting rubber markets, hurting workers
Narinjara: Fishery exports from Arakan expected to reach $6.84 million
Irrawaddy: Burma’s wild cats killed for trade: WWF

HEALTH / AIDS
IRIN (UN): Myanmar: Every village should have one midwife - UNFPA official
Mizzima News: Exchange program offered for contaminated milk powder

ASEAN
Irrawaddy: Surin cancels appearance at press conference

REGIONAL
Thai Press Reports: Sompong to visit Myanmar Thursday

OPINION / OTHER
Irrawaddy: Burma's new constitution: radical change or fig leaf? – John
Feffer

PRESS RELEASE
Burma Partnership: New report reveals the other side of Post-Nargis Joint
Assessment Report (PONJA)

____________________________________
INSIDE BURMA

October 16, Agence France Presse
Aid groups blast ASEAN-led report on Myanmar relief effort

A coalition of humanitarian groups heavily criticised Thursday a report on
Myanmar's cyclone disaster, saying it glossed over the junta's obstruction
of aid and human rights abuses.

The Burma Partnership, which represents 19 aid organisations, released an
"alternative" report to provide what it said was a more accurate picture
of the response to Cyclone Nargis, which left 138,000 people dead or
missing in May.

"When we studied the Post-Nargis Joint Assessment report prepared by the
UN, ASEAN and the Burmese regime, we realised that it failed to describe
the obstruction of aid and human rights abuses committed by the military
regime in the areas affected by the cyclone," Khin Ohmar of the Burma
Partnership told a press conference.

"As independent civil society organisations, we felt the need to tell the
other side of the post-Nargis story."

The generals ruling Myanmar, formerly known as Burma, drew international
outrage by refusing to allow a foreign-led aid response in the immediate
aftermath of the storm.

But they dropped their resistance after coaxing from Association of
Southeast Asian Nations (ASEAN) chief Surin Pitsuwan.

The official joint report was released to much fanfare at an ASEAN
conference in Singapore in July.

But Ohmar said it failed to highlight issues such as blocking and
misappropriation of aid and substandard treatment of survivors at relief
camps.

It omitted cases of human rights violations such as orphans turned into
child soldiers, survivors forced to do reconstruction work and farm land
confiscated by the military regime, she said.

The coalition's recommendations include an independent system to monitor
aid distribution and for all relief agencies to make public their
activities.

"We hope international governments will consider using the new report to
ensure funding reaches people who need the most help and that the recovery
process will be implemented with the most transparency and
accountability," Ohmar said.

Thai MP and coalition member Kraisak Choonhavan criticised Surin for
failing to meet the organisers to discuss the alternative report.

He said he felt "let down" by Surin's late cancellation of a meeting in
Jakarta, home to the ASEAN secretariat.

"They did not give any reason for cancelling. I feel let down and it makes
it necessary for us to be more vocal. I am very disappointed," he said.

____________________________________

October 16, Irrawaddy
More than 100 NLD youth members resign – Saw Yan Naing

More than 100 youth members of Burma’s main opposition party, the National
League for Democracy (NLD), resigned on Thursday, complaining that they
weren’t allowed to participate in decision-making.

The mass resignations followed a statement on Wednesday by NLD Chairman
Aung Shwe announcing the appointment of six new youth advisors and
assigning ten others to lead youth activities.

Nay Chi Win, one of those who resigned, complained that the appointments
had been made by Aung Shwe without consulting other members of the NLD
central executive committee or youth members.

“We became members of the NLD because we believed that the party can solve
the conflict in Burma and the plight of the Burmese people,” Nay Chi Win
said. “But we later realized that the party could not guarantee that.”

Nay Chi Win said: “The chairman doesn’t care about our viewpoints.” He and
others who had resigned remained willing to cooperate in the future if the
leadership decided to listen to their views, he said.

Nay Chi Win said those who resigned included newly-appointed youth
advisors and leaders, naming Htun Zaw Zaw, Saw Maung Thein and Khin Htun.
They had recognized that the actions of their leaders were against the
basic principles of democracy, he said.

Khin Htun accused the NLD leadership of ignoring the will of the party’s
youth members despite assurances that they wanted to encourage the work of
youth members.

“Our organization is a democratic one,” he said. ”So, we must respect the
basis of democracy. If we don’t respect the rules of democracy, it will be
very difficult to work out the process of democratic reform in Burma.”

He said NLD leaders should allow youth members to take part in
decision-making as their role was significant for the democracy movement
in Burma.

“Youth is our future,” Khin Htun said.  “So, I want to urge our leaders to
include the viewpoint of the youth members.”

NLD Spokesman Nyan Win said he had no comment to make on the resignations.

____________________________________

October 16, Kachin News Group
Burmese soldiers assault village headman for helping KIA

The village headman of Nalung was assaulted by two Burmese soldiers for
helping a soldier of the Kachin Independence Army (KIA) at the military
checkpoint near the Sino-Burma border in Burma's northern Kachin State,
said a local source. The Kachin Independence Organization (KIO), the
political wing of the KIA signed a ceasefire agreement with the ruling
junta in 1994.

Ladai Brang Awng (40), who was appointed Chairman of Nalung on the
Myitkyina-Bhamo road by the Burmese military junta, was severely beaten up
by two Burmese soldiers at the Lajayang Military Checkpoint which is at
the entrance of Laiza, the headquarters of the Kachin Independence
Organization (KIO) on the border on October 14 (Tuesday) at 10:30 p.m.
local time, said villagers.

Ladai Brang Awng was called out of his home near Lajayang and beaten up
with the butts of guns by a sergeant and a soldier. The incident occurred
at the checkpoint in the Lajayang-based Burmese Army's No.105 Infantry
Battalion (IB) commanded by Lt-Col Aung Thaung Htike. He was not given a
chance to explain himself, sources close to the headman said.

The headman sustained injuries on his face and chest. He cannot hear
clearly since the night he was beaten up by the two soldiers, said family
members.

Sources close to troops at the Burmese military checkpoint, however said
the soldiers had beaten up the village headman accusing him of recruiting
for the KIA. He had also helped a person to cross the Burmese
Army-controlled Lajayang military checkpoint to the KIO/A-controlled Laiza
area after the checkpoint deadline of 6 p.m. set by Burmese Army
authorities early this month.

The source close to family of Ladai Brang Awng said the village headman
had just helped a KIA soldier at the Burmese Army-controlled Lajayang
checkpoint in order to cross it and come back to the Laiza controlled
area.

Mr. Joe Zau, deputy spokesman of the Kachin Human Rights Organization
(KHRO), which was formed on October 27, 2007 on the Sino-Burma border in
northern Burma just after the September Saffron Revolution, told KNG
today, "We strongly condemn the act of the two Burmese soldiers of IB
No.105.  The torture of civilians should not be happening during the
ceasefire between the KIO/A and the junta."

Burmese soldiers in Kachin State often commit human rights abuses like
rape and killing of civilians. The junta has been condemned for its human
rights record by the international community, Mr. Joe Zau added.

____________________________________

October 16, Narinjara News
Six democracy activists placed with criminals in Sittwe prison

Six people who were arrested during last year's Saffron Revolution
demonstrations in Arakan State are currently being detained in Sittwe
prison alongside criminals.
The six political prisoners have been placed together in cells with
criminals and have not been given any opportunity for safer
accommodations.

A relative of one prisoner said, "Their situation is much worse than other
criminals in the prison because they are democratic activists. They did
not receive any opportunity even though they are politicians."

The six activists have also been facing problems in prison because they
are tyrannized by the prison authorities.

"Their health is not so bad, but they are suffering mentally as the
authority oppresses them. Sometimes they are not given the chance to meet
with relatives, and sometimes prison authorities prohibited them from
accepting medicine and food from their relatives," he said.

The six activists are Ko Aung Naing, Ko Nyi Nyi Lwin, Ko Kyaw Aye Sein, U
Kyaw Sein Hla, and Ko Than Soe. They were among a dozen or so who were
arrested during the protests in Arakan State last fall.

They have each been sentenced by the government to serve from two to five
years in prison for their involvement in the anti-government
demonstrations.

____________________________________

October 16, Independent Mon News Agency
Dr. Marn Thet San, patron of Mon culture, passes away at 79

Dr. Marn Thet San, well known patron of Mon literature and culture as well
as former College Headmaster, passed on October 10th. He died of a heart
attack at his home in Mayangone Township, Rangoon.

Dr. Marn Thet San was cremated on October 14th at Yay-Way cemetery in
North Okkalapa Township, Rangoon. Five to six hundred people attended the
ceremony, a participant told IMNA.

Dr. Marn Thet San was a head master of Moulmein and Bassein Degree
Colleges. He was also vice minister of Ministry of industry in Ne Win’s
government. Though Dr. Marn Thet San was a high profile government
servant, he was active in the Mon community. He was faculty advisor to the
Mon Literature and Culture Committee at Moulmien College, and strongly
censured the authority trying to remove the campus’s Golden Sheldrake
statute. The Golden Sheldrake, also known as a Brahminy duck, is the
national symbol of the Mon people.

In 1972, Dr. Marn Thet San was the co-organizer of the 26th anniversary
Mon National Day at Thein Phyu field, which is located in Mingala
Taungnyunt Township, Rangoon.

He was educated in America, and earned a masters and doctorate in
chemistry at the University of Illinois in 1955 and 1957.

Dr.Marn Thet San was born in Kawhnat village, Moulmein Township. He is the
second son of three to Nai Lun Maung and Mi Thein Thin. Dr. Marn Thet San
was 79 years old, is survived by a wife, his daughter Dr. Mi Thi Dar San
and son Min Wanna San.

____________________________________

October 16, Democratic Voice of Burma
MP-elect Ngwe Tun dies in hospital

U Ngwe Tun, an elected National League for Democracy representative for
constituency 2 of Kyaukpadaung township in Mandalay, died on 11 October
aged 79.

U Ngwe Tun died while being treated for a liver condition at Shwebo
hospital in Rangoon.

During the 1988 uprising, U Ngwe Tun was the leader of the unified strike
groups in Kyaukpadaung, and as a result was forced to resign from his
position as township education officer.

____________________________________

October 16, Democratic Voice of Burma
Earth tremors cause concern in Bogalay township - Naw Say Phaw

Residents of Bogalay township in Irrawaddy division have reported
experiencing regular earth tremors without warning since 12 October, and
say this is causing anxiety among locals.

Bogalay was one of the townships most affected when Cyclone Nargis struck
the region in May.

One local resident said there had been three tremors on 12 October and
they had been occurring on a daily basis since then.

"There has been at least one tremor a day; that's why people are panicking
a bit,” he said.

“They are happening everyday. They quite powerful, my estimation would be
about 5 on the Richter scale. Normally, there is just one jolt, and it
doesn’t last that long,” he explained.

“It is more noticeable in wooden houses and temporary homes."

Another Bogalay resident said the tremors were becoming less frequent.

"Our wooden house was shaking hard. But they are happening less often. The
way it trembles now is different,” the resident said.

“In my experience, it happens twice a day. I cannot sleep in peace for
fear that [the house] might collapse during the night or day,” he said.

“During the day you can see and hear but what would happen if it occurs at
night?"

The residents said there had been no warning about the tremors in state
media.

"They used to report [earth tremors] in the newspapers with details of the
epicentre and where it was on the Richter scale,” one resident said.

“But there is no mention of them now in the state-owned media. That's why
people are feeling alarmed by the tremors."

Another Bogalay resident said locals needed guidance on what measures to
take to protect themselves and their property.

"After the eight o'clock news, when they gave the weather report, I heard
nothing,” the resident said.

“There was no warning before the tremors and no report afterwards,” he
went on.

“Nobody can tell for sure when and where they will happen, but they should
at least tell us how we should protect ourselves and what preparations we
should make."

____________________________________
BUSINESS / TRADE

October 16, Independent Mon News Agency
Global economic slowdown affecting rubber markets, hurting workers

The price of rubber has dropped precipitously, causing problems for
plantation owners and workers in Burma and Thailand, say IMNA sources.

Two months ago, one kilogram of rubber sold in Burma fetched around 2,600
kyat ($2 USD). One kilogram now sells for less than 2,000 kyat ($1.5 USD),
says a rubber plantation worker in Mon State.

Rubber has lost even more value in Thailand, dropping from 100 bhat ($3
USD) to 48 baht ($1.6 USD) per kilogram. The Irrawaddy reported a similar
price drop, from 98 baht to 52 per kilo.

A plantation owner in Thailand told an IMNA source that the price decrease
is being caused by a lack of demand from purchasing countries. A resident
of Ye Township, Mon State, agreed, saying, “The big companies and buying
centers in the cities aren’t buying anymore. So the local merchants don’t
dare to buy either.”

In Burma, the government-controlled New Light of Myanmar reports that most
Burmese rubber is sold to China, Malaysia, India and Singapore. Thai
rubber is typically sold to China, Japan and the US, says the Irrawaddy,
which attributed the purchasing slow-down to the ongoing global financial
crisis, precipitated by the collapse of housing markets in the US.

The drop in rubber values is creating difficulties for plantation owners
the workers they employ, sources told IMNA. Money transfers to Burma made
by migrant workers in Thailand are a fraction of their typical volume,
says the Irrawaddy.

“The price is half what it was before,” said U Kyaw, a plantation worker
in Thailand, adding, “People will have to return to Burma if things keep
going like this. Rubber values have decreased, but other things stay the
same price. Our expenses and wages do not balance each other.” The
situation is equally bleak for Mon State, where rubber is among the
state’s top agricultural products.

____________________________________

October 16, Narinjara News
Fishery exports from Arakan expected to reach $6.84 million

Burma is projecting that $6.84 million worth of fishery products will be
exported to Bangladesh through the Maungdaw trade zone on the western
border in the 2008 - 2009 fiscal year, reported a representative of the
trade zone administration.

He said, "Maritime resources worth $5.27 million has already been exported
to Bangladesh through the Maungdaw trade zone up until 15 September, and
that is 81.25% of the total target for the export of maritime resources to
Bangladesh."

The most common maritime exports to Bangladesh through the Maungdaw trade
zone are fresh fish, dry fish, and shrimp.

There are three maritime resource export zones in Arakan state and a
combined total of nearly $10 million is exported to Thailand and
Bangladesh.

The official added, "We hope over $39 million worth of maritime resources
can be exported to Thailand and Bangladesh from the three maritime
resource export zones of Thandwe, Sittwe, and Maungdaw in Arakan State."

According to local business sources, the fishery products from the Thandwe
export zone are exported to Thailand via the Kaw Thaung - Ranoung fishery
sectors this year.

A report from the government maritime resource department said that $0.21
million worth of fish and shrimp were exported to Thailand from the
Thandwe fishery zone from 1 April to 30 August, 2008.

The authority expects $1.75 million in maritime products to be exported to
Thailand from the Thandwe export zone through the southern border. The
products have been exported to Thailand using the FOB system.

A fishery worker from Sittwe said, "The government proclaimed that the
maritime sector in Arakan State has been improving every year, but our
standard of living has not changed and we are just as poor as 50 years
ago."

____________________________________

October 16, Irrawaddy
Burma’s wild cats killed for trade: WWF

Everything from the skin and bones to the teeth and claws of almost 1,200
wild cats have been for sale at wildlife markets in Burma over a 15-year
period, according to a World Wildlife Fund (WWF) report released on
Tuesday.

The report, titled "The Trade in Wild Cats and Wild Cat Parts in Myanmar
[Burma]," is the result of 12 surveys undertaken by the wildlife trade
monitoring network (TRAFFIC) and the WWF between 1991 and 2006.

According to the report, a total of 1,320 wild cat parts, representing a
minimum of 1,158 individual animals, were observed and recorded.

"The cat parts were openly displayed for sale and the dealers quite frank
about the illegality of the trade, which suggests a serious lack of law
enforcement," said Chris Shepherd, programme coordinator for TRAFFIC’s
Southeast Asia office.

Three of the four markets were located on international borders with
Thailand and China, where there is a flourishing demand for exotic animal
parts used in traditional medicines.

Burma is a signatory to CITES (The Convention on International Trade in
Endangered Species of Wild Fauna and Flora), which bans international
trade in many species of wild cat, as well as being a member of the Asean
Wildlife Enforcement Network (ASEAN-WEN), a partnership that seeks to end
the illegal cross-border wildlife trade in the region.

WWF said that national legislation in Burma is "imprecise as to how many
cat species are totally protected, but at least five are."

Five indigenous cat species—the tiger (Panthera tigris), the leopard
(Panthera pardus), the clouded leopard (Neofelis nebulosa), the marbled
cat (Pardofelis marmorata) and the Asiatic golden cat (Catopuma
temminckii)—are listed in CITES.

"Myanmar has an amazing wealth and variety of wildlife. However, immediate
action to close down these markets and prosecute those engaged in the
trade of protected wildlife is essential,” said Shepherd, adding that
national legislation needed to be tightened and better cross-border
co-operation with neighboring countries, particularly Thailand and China,
was required.

____________________________________
HEALTH / AIDS

October 16, IRIN: Myanmar: Every village should have one midwife - UNFPA
official

Almost five months after Cyclone Nargis claimed five of her six children,
Thein Thein faces having her seventh baby without any proper care.

Thein Thein, 38, has few safe delivery options as there is no midwife in
her village, Waboegone, comprising 100 people in about 20 households,
which can only be reached by a five-hour boat journey and a 30-minute
walk.

Pregnant women in rural areas usually give birth at home with the help of
a village midwife, who is rarely properly trained, or a health attendant
from a local health centre.

A nurse from the nearest town - Pyinzalu in Labutta Township at the
southern part of the Ayeyarwady Delta - comes to Waboegone village every
month for maternal health services.

"I might need to go to the nearest town to deliver the baby as there is no
midwife here," said Thein Thein.

Pregnant women in the hard-to-reach cyclone-hit area are among the most
vulnerable of survivors of the category four storm that left 140,000
people either dead or missing and 2.4 million badly affected.

"Ideally, every village should have one midwife who is government trained
for 18 months but one midwife has to cover five to 10 or more villages on
average throughout the country," Thwe Thwe Win, the UN Population Fund's
(UNFPA) national programme officer, told IRIN.

"The Ministry of Health seeks to fill the gap with Auxiliary Midwives
[volunteers trained for six months]," she explained.

UNFPA has given drugs and reproductive health kits to local hospitals and
health centres in the cyclone-affected area as well as providing funding
support for in-service training for midwives.

The organisation has set up three maternal waiting homes in Bogalay,
Labutta and Daydaye but pregnant women in hard-to-reach areas still face
difficulties giving birth.

Mobile clinics

Win Mar lives two hours' walk from the nearest town – Pyinsalu. A health
attendant lives in town and only comes once a month.

"If the health attendant is not here when it is time, I will have to go to
Pyinsalu to give birth," Win Mar said.

"Because of difficult access and the need to travel so far, it is very
difficult for these women to attain health services," Dan Baker, country
representative for UNFPA, told IRIN in Yangon.

With doctors from the Myanmar Medical Association, UNFPA has set up mobile
reproductive health teams to cover remote areas of the delta.

"We've been trying to cover remote areas with reproductive health teams,
which set up a temporary clinic for a day or two where they can do
pre-natal exams or address other health concerns," Baker said.

"Our idea is to get as close to people as possible. We've shown the donors
that there is definitely a need and we can be effective in those areas 

now we need the money to make that happen."

Birth plan

Thwe Thwe Win suggested mobile health teams help women draw up a birth
plan. "The health team usually visits a village at a time and they do a
follow up [consultation] if necessary. Antenatal care alone is not enough.
About 15 percent of pregnant women are likely to face difficulty when
giving birth," she said.

"It is important for pregnant mothers to have a birth plan about where
they want to deliver and how," said Thwe Thwe Win.

But both Thein Thein and Win Mar could not prepare much for the birth.
"What can we prepare while Nargis left us only hands?" Win Mar asked.

As many of them are Christian, most of the assistance has come from
Christian associations and they are still highly dependent on donations.

Fortunately both have husbands and other relatives left in the village.

Win Mar said: "They will carry me for two hours' walk using a blanket as a
cradle between two bamboo poles when the time comes to go to Pyinsalu town
for giving birth."

____________________________________

October 16, Mizzima News
Exchange program offered for contaminated milk powder - Than Htike Oo

A company whose milk powder had been banned after being found to contain
the chemical melamine has recalled the tainted product, offering consumers
in Burma an opportunity to exchange infected packages of the product for
uncontaminated milk powder.
The Rangoon-based City Mart retail stores initiated the exchange program
on the 10th of October. In order to exchange their defected package,
customers must bring the original receipt and undamaged package of the
contaminated product, Dulac (Dumex Step 1).

"We cleared all the banned products from our shelves as instructed by
officials. Any product currently on the shelf has not been banned. We will
only exchange the Dulac (Dumex Step 1) for another product," a salesperson
from a City Mart store in Mingalar Taungnyunt Township told Mizzima.

Dulac milk powder is made by a New Zealand Company which has subsidiaries
in several countries, including China.

The Ministry of Health announced on the 13th of October that seven brands
of milk powder on Burmese markets were found contaminated with the
industrial chemical melamine, which is used in the production of plastic
and fertilizer. However, 16 brands of milk powder in total were banned by
the Ministry of Health.

Melamine can harm consumers, especially children, by causing kidney
stones; but no cases of illness definitively traced to contaminated milk
powder have thus far been reported in Burma.

The Ministry of Health and No. 1 Ministry of Industry continue to test
milk and milk products for the presence of melamine, and will later issue
the results of their findings, according to officials.

About 54,000 children in China have suffered from melamine contamination
related illnesses after consuming infected milk and milk products made in
China. Four of the children have died.

____________________________________
ASEAN

October 16, Irrawaddy
Surin cancels appearance at press conference – Wai Moe

Surin Pitsuwan, the secretary-general of the Association of Southeast
Asian Nations (Asean), has cancelled a scheduled appearance at a press
conference where he was to receive a critical report by Burmese pro-
democracy groups evaluating the post-Nargis Joint Assessment (PONJA)
report compiled by Asean, the United Nations and Burma’s junta.

Organizers of the press conference in Jakarta said Surin cancelled his
appearance as well as a scheduled meeting with Burmese dissidents because
of an emergency.

Mira Maruto, a press conference spokesperson, told The Irrawaddy on
Thursday that Surin Pitsuwan was scheduled to attend the conference
organized by the Burma Partnership, the Asean Inter-Parliament Myanmar
Caucus (AIPMC) and the National Press Club of Indonesia.

A media advisory said Surin would attend and officially receive the
Post-Nargis Analysis Report, which was to be presented by Burmese
dissident Sann Aung, who won an electoral seat in the 1990 election.

The critical report was written by Yuki Akimoto, the director of the Burma
Information Network, based in the US, and supported by a workshop
conducted by the project Another Development for Burma held in
August-September. The report is critical of the PONJA report assembled by
Asean, the United Nations and Burmese authorities.

“The Post-Nargis Analysis Report explores the obstructions to aid and
human rights abuses committed by the Burmese military regime and the
corruption that has occurred in the cyclone-hit region,” said a media
advisory.

Thai member of Parliament Kraisak Choonhavan, the president of AIPMC, and
Khin Ohmar, the coordinator of Burma Partnership, were speakers at the
press conference. Both Kraisak and Surin are members of Thailand’s
Democrat Party.

Some observers suggested Surin may have felt pressure from the Burmese
regime not to attend the press conference which was organized by groups
supporting the pro-democracy movement in Burma.

Meanwhile, Burmese activist Ko Shwe, who provided information for the
critical report, was forced to miss the conference because of a failure to
receive a visa from the Indonesian embassy in Bangkok. Ko Shwe was one of
the main speakers scheduled to appear at the press conference.

____________________________________
REGIONAL

October 16, Thai Press Reports
Sompong to visit Myanmar thursday

Thai Deputy Prime Minister and Minister of Foreign Affairs, Mr. Sompong
Amornvivat, plans to officially visit Myanamr on Thursday to introduce
himself and to confirm Thailand's readiness to host ASEAN meeting at the
end of this year.

During his visit, Mr. Sompong would pay a courtesy call on Burmese Prime
Minister Gen Thein Sein. He would also attend a meeting with Burmese
Foreign Affairs Minister Mr. Yan Win.

Objective of the official visit is also to enhancing good relationship
between the two nations, as well as confirming that Thailand is ready to
host the ASEAN meeting in December this year.

____________________________________
OPINION / OTHER

October 16, Irrawaddy
Burma's new constitution: radical change or fig leaf? – John Feffer

After more than 15 years in the drafting, Burma unveiled its new
constitution in February. The 194-page document has generated a widely
disparate response.

In May, just days after Tropical Cyclone Nargis hit Burma and killed tens
of thousands Burmese, the military government reported that 92 percent of
the population supported the new constitution in a referendum vote.

The opposition National League for Democracy (NLD), however, has
categorically rejected the new document. And outside observers generally
treat the constitution—as well as the referendum results—with skepticism.


>From the current Burmese military government’s point of view, the

constitution provides for a stable transition to democratic rule.
Elections are scheduled for 2010, after which the new constitution would
go into effect. The military has reserved 25 percent of the seats in both
houses of parliament, but the remaining seats will be open to qualified
candidates.

Some measure of autonomy is accorded to the states.

The third in Burma’s history—after an initial 1947 post-colonial document
inspired by British common law and a socialist-era document drafted by the
military junta in 1974— the new constitution provides at least the
trappings of the rule of law. For instance, the constitution mandates the
creation of a constitutional court, which will administer and interpret
the law as well as preside over disputes between different branches of
government.

According to Dominic Nardi, a Georgetown University law student and
speaker at an October 8 seminar in Washington, DC, sponsored by the
Sasakawa Peace Foundation, the court has a third critical function as an
"elite insurance mechanism.’’

"If the political situation changes dramatically, if the opposition takes
over one or both houses of legislation, a constitutional court ensures
that minorities will have some protection under the law," says Nardi. "In
transition from less liberal to more liberal forms of government, we see
authoritarian leaders establish courts so that they have protection from
prosecution after the transition."

The constitution also rules out demonetization. In 1987, the government
introduced a new currency and wiped out the savings of millions of
Burmese. The constitutional prohibition against demonetization is
therefore a positive lesson learned, says David Steinberg, professor of
Asian Studies at Georgetown University.

At the same time, Steinberg notes that the constitution contains a
get-out-of-jail-free card for the leadership: "No one can be tried for any
crimes committed by the government in the past."

The military has protected its position in other ways. In an emergency,
the president can hand power over to the military commander-in-chief for a
year. Moreover, changing the constitution requires the consent of
three-quarters of lawmakers. So it is quite difficult to change the army’s
leading role, the process of choosing the president or even the process of
amendment itself.

Nardi points out, however, that the US constitution is also a notoriously
difficult document to amend, so that US leaders have gotten around the
amendment process by focusing on judicial appointments and constitutional
interpretation.

"Many people think the amendment procedure is a horrible provision. I
don't think it will matter as much as many people in the opposition
believe," Nardi argues. Other provisions in the new constitution "allow
the speaker and the president to appoint judges to a constitutional
tribunal. If you can’t amend the constitution, you could appoint judges
more favorable to you and influence judicial interpretation."

Brian Joseph of the National Endowment for Democracy believes the
constitution does nothing to advance democratic rights.

"The constitution drafting effort and the draft constitution offer us
virtually nothing to hold on to," he says. "It may have some provisions
that allow for protections or legislative action.''

But the essential characteristic is that the military can dismiss the
government without cause,'' Joseph added. ''Whoever is governing, once
they overstep their bounds, will be dismissed. So the government will
constantly be looking over its shoulder."

Joseph does not believe that there will be any true power-sharing under
the new constitutional order or any creation of space for the opposition.
"They might hold elections in 2010," he observes. "The important thing is
not the technical details of the constitution but whether people can
organize, whether there’s freedom of speech and mobilization. If parties
can’t organize, this is all just an empty exercise."

Joseph pointed out that opposition leader Aung San Suu Kyi cannot run for
president because she was once married to a foreigner, which disqualifies
her according to a provision of the constitution.

Steinberg acknowledges that the military has no intention of undermining
its own power and that the constitution will be a continuation of military
rule by other means. At one time, in the 1950s and 1960s, social
scientists looked to the military in developing countries as
forward-looking and relatively immune from corruption. Today, however,
perceptions of the military junta have changed.

"Maybe there will be some people within the military trying to change the
operation of power under the constitution," he concludes. "But right now
it is an unlikely possibility."

____________________________________
PRESS RELEASE

October 16, Burma Partnership
New report reveals the other side of Post-Nargis Joint Assessment Report
(PONJA)

Jakarta, Indonesia - Today a report entitled “Post-Nargis Analysis: The
Other Side of the Story” was launched by nineteen of Burma’s civil society
organizations.  The report reveals cases of aid obstruction, human rights
abuses, intimidation, and corruption that have occurred in the cyclone-hit
region. The post-Nargis analysis report is released today (10/16) in
Jakarta because Indonesia holds a key position within both the Association
of Southeast Asian Nations (ASEAN) and the United Nations Security
Council,  and is the host country of the ASEAN Secretariat.

“When we studied the Post-Nargis Joint Assessment (PONJA) report prepared
by the UN, ASEAN and the Burmese regime, we realized that it failed to
describe the obstruction of aid and human rights abuses committed by the
military regime in the areas affected by the cyclone. So, as independent
civil society organizations, we felt the need to tell the other side of
the post-Nargis story by producing this report,” said Ko Shwe, one of the
primary sources for the report and a Karen environmental activist who
visited the delta in the aftermath of the cyclone.

The report stresses that the description in the PONJA report distorts the
nature of the response by the military regime.  Furthermore, the report
claims that the PONJA report omits reference to cases of human rights
abuses, intimidation, and corruption that have occurred in the cyclone-hit
region.

It recommends that information on aid distribution and the PONJA report be
made available to the public in local language, and an independent system
be put in place to monitor and evaluate aid distribution to ensure that
the assistance is being provided fairly and effectively within Burma.  It
also suggests that all parties involved in relief efforts for the cyclone
victims, including governments, financial institutions, and international
NGOs, maintain maximum transparency and provide public information
regarding their activities by adhering to the UN Inter-Agency Standing
Committee’s Operational Guidelines on Human Rights and Natural Disasters.

“Given the limited access to independent information under the regime’s
censorship, we believe our input and recommendations offer a crucial
substantive contribution to the post-Nargis recovery,” said Khin Ohmar,
Coordinator of Burma Partnership.

The report also urges the international community to consider having
independent civil society groups as additional counterparts in the
post-Nargis assessment and recovery implementation processes.

The Post-Nargis Analysis report delegation consists of Kraisak Choonhavan,
the President of ASEAN Inter-Parliamentary Myanmar Caucus (AIPMC) and a
Thai Member of Parliament; Khin Ohmar, Burma Partnership Coordinator; and
Yuki Akimoto, Director of the Burma Information Network (BurmaInfo).  The
press conference to release the “Post-Nargis Analysis: The Other Side of
the Story” was hosted by the Burma Partnership and ASEAN
Inter-Parliamentary Myanmar Caucus, together with the National Press Club
of Indonesia.

Download the report:
http://appartnership.googlepages.com/Post-NargisAnalysis.pdf

Karen Environment and Social Action Network (KESAN)
KESAN is a local organization working alongside local communities in Karen
State, Burma, to build up capacities in nature resource management, raise
public environmental awareness and support community-based development
initiatives.
Tel: +66 890107015

Burma Partnership
Burma Partnership is a movement of organizations and individuals that aims
to develop a strong broad-based partnership of peoples of the Asia-Pacific
advocating and mobilizing a movement for promoting freedom, democracy and
human rights in Burma.
Tel: +66 1 884 0772, +66 1 466 5406
E-mail: partnership at csloxinfo.com, apppb.blogspot.com

ASEAN Inter-Parliamentary Myanmar Caucus
18-2 Commercial Centre, Taman Adabi Indah,
Off Jalan Klang Lama, 58100 Kuala Lumpur, Malaysia
Tel +603-7984 7318, +603-7980 1393
Fax +603-7983 7318, +603-7981 7782
E-mail: info at aseanmp.org, www.aseanmp.org

National Press Club of Indonesia
Gedung Ariobimo Sentral Lantai 4
Jl. HR Rasuna Said Kav X-2 No 5, Jakarta 12950
Tel: +62 21 529 09152
Fax: +62 21 2525750
Email: npci_08 at yahoo.com

Media Contacts:   Ko Shwe (KESAN) +66 890107015
Khin Ohmar (Burma Partnership) +62 811 893 126 (INA #)
Imelda Sari (NPCI) +62 811 971930