From editor at burmanet.org Mon Oct 19 14:31:54 2009 From: editor at burmanet.org (Editor) Date: Mon, 19 Oct 2009 14:31:54 -0400 (EDT) Subject: BurmaNet News, October 17 - 19, 2009 Message-ID: <41613.63.173.78.131.1255977114.squirrel@webmail1.pair.com> October 17 ? 19, 2009 Issue #3821 INSIDE BURMA DVB: Twelve farmers sentenced with hard labour DVB: Civilians warned not to leak tunnel information Irrawaddy: Detained Min Ko Naing turns 47 ON THE BORDER Bangkok Post: Despite a new nationality verification programme, Thailand's immigrant workers still face problems trying to stay legal Reuters: China, Myanmar agree to work for border stability BUSINESS / TRADE 4Hoteliers.com (United Arab Emirates): Myanmar builds more resorts to boost tourism industry ASEAN AFP: Myanmar PM to attend ASEAN summit REGIONAL VOA: Civic groups press to end hydropower development on lower Mekong River INTERNATIONAL Mizzima News: Constitution entrenches junta?s culture of impunity: Report OPINION / OTHER Asian Tribune: The lives of two Nobel Laureates ? Nehginpao Kipgen Irrawaddy: Defeating HIV/AIDS, preserving the future ? Phyu Phyu Thin INTERVIEW Bangkok Post: In search of democracy - Kachin leader engages junta PRESS RELEASE Burma Partnership: Burma Civil Society groups at ASEAN Peoples? Forum call on ASEAN to address the regime?s serious breaches of the Charter ____________________________________ INSIDE BURMA October 19, Democratic Voice of Burma Twelve farmers sentenced with hard labour ? Htet Aung Kyaw Twelve farmers in central Burma have been sentenced to up to five years imprisonment with hard labour on trespassing charges after returning to work on land confiscated by the government. The case is being closely monitored by the International Labour Organisation (ILO) in Rangoon, according to the group?s country liaison officer, Steve Marshall. The farmers, from Aunglan in Magwe division, won a dispute over the 2000 acres of confiscated land following a meeting between the ILO and government officials in March this year. The land had been taken after the farmers refused to bow to government pressure to grow sugarcane for army-run Aunglan township?s sugar factory. Then in July they were sued by the sugar factory and sentenced last week on charges of trespassing and damage to property. The sentences ranged from nine months to four years and nine months, all with hard labour, according the sister of one of the farmers. Aye Aye Win, the wife of one of the farmers sentenced last week, received the harshest sentence after being ?accused of cursing the sugar factory personals after they sued her?, the sister said. Steve Marshall said that the ILO, a United Nations body with a mandate to work on complaints over land confiscation and forced labour in Burma, is ?seriously concerned? about the sentencing. ?We have raised [it] as a serious issue with the government and have requested them to affect the immediate release of the imprisoned persons,? he said. The charges, brought by local government officials in Magwe division, appeared to contradict the agreement reached in March between the ILO and central government, he said. He added that it was ?not a political issue at all. It involves farmers, the use of forced labour, the loss of the use of land, and the resolution of that problem. It is about the application of Myanmar [Burma] law?. According to the ILO, around 220 complaints of forced labour in Burma had been received. Marshall said that the vast majority of these had been resolved ?without any harassment or any problems for the complainants?. In some cases, however, he said that there were ?serious problems? in terms of government retribution against complainants. ____________________________________ October 19, Democratic Voice of Burma Civilians warned not to leak tunnel information ? Aye Nai Locals in a town in central Burma say they have been warned by government troops not to leak news about a tunnel being built by the military or their villages will be razed. The 19-mile long tunnel is being built between the villages of Ywarmon and Phatthantaung in Magwe division, according to a local in the nearby town of Natmauk. ?Now even the village authorities are too scared to talk about it,? he said. ?Security is really tight in the area and taking photos is also prohibited.? Another local in Magwe division said that four years ago the army contacted his son, a graduate of the Government Technological College, and persuaded him to work in a weapons factory being built underground in Ngaphe town near to Magwe city. The man said that an official from the army had offered his son 35,000 kyat ($US35) per month to work on the project. ?The man said he would not be able to visit home after started working in the tunnel,? he said. In June DVB released a series of reports compiled from leaked government documents that outlined the junta?s plans to develop a network of tunnels underneath Burma that would accommodate troop battalions and armoury in the event of an invasion. Some 800 tunnels are thought to be under construction, with sections of the project dating back as far as 1996. The project has been clouded in secrecy, but appears to be part of a longer-term strategy to bolster Burma?s defence capabilities. The junta is using North Korean advisors for its tunnel system, after a senior government delegation visited Pyongyang in November 2008 and took a tour round military tunnels there. The majority of tunneling and construction equipment for the project has been bought from North Korea in a series of deals over the last three years which total at least $US9 billion, according to two purchase orders received by DVB. The Bangladesh-based Narinjara news agency last week quoted a military source as saying that a tunnel had been dug into a mountain in Burma?s western Arakan state to store fighter jets. The tunnel is thought to be connected to a nearby air base in Ann township. Arakan state lies alongside Burma?s border with Bangladesh, which in recent weeks has become the site of a military build-up from both sides following a dispute over ownership of gas blocks in the Bay of Bengal. ____________________________________ October 19, Irrawaddy Detained Min Ko Naing turns 47 ? Ko Htwe A leading Burmese activist, Min Ko Naing (aka Paw Oo Tun), celebrated his 47th birthday in Shan State's Kengtung Prison on Sunday. The former chairman of the All Burma Federation of Student Unions (ABFSU) and a leading member of the 88 Generation Students group, Min Ko Naing was arrested in 1989 for participating in the student-led uprising and was sentenced to 16 years in prison. Although released in 2004, he was rearrested again on August 21, 2007, on charges of organizing a demonstration that led to the ?Saffron Revolution.? He was handed down a 65-year sentence. Speaking to The Irrawaddy on Monday, a spokesman for the ABFSU, Zar Ni, said, ?In Rangoon, we reorganized the Basic Education Student Union, or BESU, to commemorate Min Ko Naing?s birthday. Students have distributed pamphlets around markets and schools, which state that the BESU has already reorganized.? Zar Ni said that student members on Sunday took part in a ?white campaign,? which was originally started by Min Ko Naing and fellow activist Ko Ko Gyi, which involves students distributing and wearing white T-shirts and walking around town together. In Mae Sot on the Thai-Burmese border, students from seven schools organized a birthday party for Min Ko Naing. ABFSU Foreign affairs committee member Min Naing said the event included a recital of a biography detailing Min Ko Naing?s life. Min Naing said, ?The ABFSU has been a distinct organization from the times of the colonial era to the present political movement it has become in Burma. The ABFSU is a powerful students? movement because it is organized under the flag of organization.? Also commemorating Min Ko Naing?s birthday, the Thailand-based Assistance Association for Political Prisoners-Burma (AAPP) published his novel ?Naut Kyi Man? [?Back View Mirrors?]. Bo Kyi, the joint-secretary of the AAPP, said ??We respect his artistic creation. Young people should read this book. He is a good leader. When Min Ko Naing, Bo Bo and I were arrested in 1989, Min Ko Naing was only concerned about us, not himself. He faced down the soldiers and calmly persuaded them to lower their rifles and point them at the ground.? ?His leadership, courage and decisiveness are the distinct things I remember about him,? said Zar Ni. ?But he is devoted to his country too, and he respects democracy and human rights.? Min Ko Naing was born on October 18, 1962, the third son of the respective artist Thet Nyunt and Hla Kyi. From a young age, he was interested in politics. He studied zoology at the Rangoon Arts and Science University before reforming and leading the ABFSU. Min Ko Naing won the John Humphrey Freedom Award in 1999, the Student Peace Prize in 2001, the Civil Courage Prize in 2005, the Homo Homini Award by People in Need Foundation, and the South Korean Gwangju Human Rights Award for 2009. ____________________________________ ON THE BORDER October 18, Bangkok Post Despite a new nationality verification programme, Thailand's immigrant workers still face problems trying to stay legal Earlier this year, a colourful leaflet written in Burmese script, began circulating in Samut Sakhon, Mae Sot, Rayong and migrant communities all over Thailand. The leaflet, prepared by the Burmese government with assistance and funding from international organisations, provided instructions for Burmese migrant workers on how to become legalised after verifying their nationality. It pictured three new centres in Burma where, from July 15, workers could receive temporary passports that allow them to apply for work permits in Thailand, and ultimately receive the same benefits and protection as Thai workers. Expenses, it said, would be only 3,000 kyats (100 baht). The front flap of the cover was stamped with a Burmese police logo and promised that the process will involve "No Arresting, No stop/check, No Tax". To the many the pamphlet was targeting, the programme sounded too good to be true. And in many ways, though perhaps not in the ways they were expecting, they've been right. The Labour Ministry has set Feb 28, 2010, as the deadline for nationality verification for all workers (1.2 million are eligible). Those that are unverified at that point are theoretically subject to arrest and deportation. Yet more than three months into the process, only 2,000 Burmese migrants have had their nationality verified. Burmese nationality verification centres say they are now processing 200 people per day on average (the capacity for the three centres is said to be 1,000 per day), a rate that many advocates have pointed out will legalise Thailand's Burmese migrant population only after a number of years. But the policy has been panned by international organisations and migrant advocacy groups for being complicated, costly, time-consuming, non-transparent, insensitive, under-publicised and not fully explained to migrant workers. "It's a train wreck," says Philip Robertson, the technical adviser on migration and workers' rights for the South East Asian Refugee Community Home, and a seasoned expert on migration policies in the Asean region. While most believe the nationality verification effort was borne of good intentions and is, in theory, a step towards better management of a growing migrant population, observers charge the programme has become a seriously-flawed policy, and at worst, a corrupt and insincere "paper exercise" designed to exploit the country's migrant workers. The process has drawn the watchful eye of the United Nations Inter-agency Project on Human Trafficking (Uniap) and enough concern that the UN Special Rapporteur on the Human Rights of Migrants was petitioned by a number of migrant advocacy groups in September. The Special Rapporteur requested an investigatory visit, which Thailand has denied. Though only a tiny fraction of Thailand's migrant workers have been through the process, there is already abundant evidence to bear out the concerns. Aung, a 26-year-old worker who has been in Thailand for 10 years, is one of the 2,000 Burmese migrants who has had his nationality verified. He received his temporary passport on Aug 18, and spent 6,450 baht in the process - 100 baht for his passport in Burma, 2,000 baht for a visa for Thailand and the remainder for services provided by a company called CEO Enterprise. Among CEO Enterprise's services were a 250 baht plastic membership card (much like a gym ID), submission of personal documents to the Department of Employment (DoE) and a bus ride to and from the nationality verification centre in Tachilek. His work permit will cost him an additional 3,800 baht, and he will be a legal worker after spending a total of 10,250 baht. He also paid 3,800 baht earlier this year, to extend his visa. Like many in Samut Sakhon, he earns less than 200 baht a day, and his employer is deducting the cost of these fees from his wages at a rate of 2,000 baht every 50 days. Yet, the cost to Aung turns out to have been a relative bargain. The price at the Thai-Myanmar Development Cooperation Company, another nationality verification service provider, is 7,300 baht, while CEO Enterprise has been known to charge varying rates (it would not disclose its price when contacted by Spectrum). Aung's sister was asked to pay 12,000 baht. Others, according to the Human Rights Development Foundation (HRDF) and Rak Thai Foundation, have been charged up to 15,000 baht. CEO Enterprise, the Thai-Myanmar Development Cooperation Company and NIK Global were endorsed by the DoE as registered companies with Thailand's Ministry of Commerce to assist in the nationality verification process. The DoE issued the endorsement after the Burmese Embassy asked about the legalities of the service providers. In some provinces, workers have been told by DoE employees they must use one of the brokers; in others, that the brokers will expedite the process. The swift and non-transparent entrance of these three companies into the process in which there are 1.2 million potential clients has made observers suspicious. Some of the firms have connections to military and former labour ministry officials, according to human rights workers and employers familiar with the process. The steep fees being charged by the three has exacerbated those concerns, and earlier this week provoked a demand from Burmese officials - NGOs have been making similar demands for weeks - for regulation of the companies and a price cap of 1,000 baht. In a news release last Tuesday, the DoE said the companies would be regulated and their prices capped at 4,000 baht. "Any time third parties are involved, costs go up, and ultimately those costs are paid by the migrant," says Federico Soda, a regional programme development officer with the International Organisation for Migration, who points out that the current costs of nationality verification through a broker service and a work permit amounts in some cases to four months' salary of a migrant worker earning the minimum wage (4,000 baht per month, but many make less). Without a broker, it costs about two months' wages. In either case, "it's too expensive", he said. There have been other cost irregularities. The DoE says the price of the Thai visa will be reduced from 2,000 to 500 baht - what Cambodian and Lao workers are charged. But it is unclear when this will happen, why Burmese migrant workers are charged more, or if they will be reimbursed. There is also the problem of unregistered brokers recently entering the business and in some cases, disappearing with workers' money. An employer in the seafood industry in Samut Sakhon who did not wish to be identified says the system is mired in corruption. Knowing the inflated prices of the brokers' services, the employer chose to register the factory's thousands of migrant employees without using a broker. When the employer took the applications to the Samut Sakhon employment office, the employer was told that it was not the company's scheduled day for submissions. The company had never been informed there was a schedule. Only after paying a fee, were the applications accepted. The employer also says that influential factories in the area have managed to pay a fee to have their workers exempted from the process. An official with Thailand's Department of Labour Protection and Welfare (DLPW) conceded corruption was a problem in the process and there were investigations underway. Mr Robertson says: "Brokers exist because the system doesn't work - it's so complicated that employers have no choice but to outsource the task to a third party." He adds that in the region, foreign labour recruitment and servicing has "always been seen as a business opportunity for well-connected elites". Yet there is also evidence that the nationality verification business has not been the boon many were expecting. The day I visited, the brand new Samut Sakhon branch of the Thai-Myanmar Development Cooperation Company was empty, aside from its 12 staff and a few workmen installing light fixtures. Employees were busying themselves, creating information boards with photographs showing the company's success stories. A Thai staff member explained the company helped Burmese workers get passports. He explained they charged 7,300 baht for "full service", which is a vague package that includes "transportation, food and other services". He admitted that their first two months in the business had been tough. The office had seen only about 200 applicants, only 29 of whom had been approved and sent by bus to the border to obtain their temporary passports. Business had been dampened by widespread rumours, fear and ignorance of the process, he explained. This, by all accounts, is true, and is due in large part to the lack of foresight that was given to implementing and communicating the policy, as well as a lack of consideration for those most affected by it. Where nationality verification takes place has been a contentious issue - this was the point that prevented agreement until last year, when Thailand conceded and reportedly funded the border centres and provided computers for the Burmese officials. The Burmese reportedly feared centres based in Thailand would be targeted by political groups, even though travel to Burma is costly, inconvenient and time consuming for migrants and their employers. The trip for many migrants - notably those from ethnic minorities that in the past have been terrorised by Burmese authorities through forced labour, displacement or worse - is also unnerving. The nationality verification process, which requires submission of personal and family details to Burmese authorities, has stirred suspicions that such information is being collected for more sinister purposes. Many also suspect that the urgent implementation of the process before an election year is not a coincidence. Rumours are widespread within migrant communities that Burmese authorities are physically threatening and/or extorting money from the families of applicants. There are also stories circulating that busloads of applicants have been arrested at the border and taken to Insein prison. While many advocates admit such behaviour would not be out of keeping for Burma's military junta, they caution, that, despite much effort to do so, none of the stories have been substantiated. Many suspect political opposition groups and people traffickers who have made large sums of money smuggling and extorting illegal Burmese workers over the years are spreading the stories. Even so, fear persists. Many migrant workers receive phone calls from their families in Burma, pressing them not to go through with nationality verification for fears over their safety. The majority of the migrants interviewed for this story either refused to complete a nationality verification application or, if forced to do so by their employer, submitted false information. The official with DLPW said half the applications that had been received had incorrect information. In those cases, the applications are sent back to employers, who ask workers to correct the forms. Advocates stress that disinformation has flourished, largely because the process has not been clearly explained. Aside from the leaflet produced by international organisations on behalf of the Burmese government, there has been no formal information to help migrant workers. The Thai government's public relations effort was limited to alerting employers of the policy and asking them to inform and distribute nationality verification forms to workers. There seems to have been little awareness that minority ethnic groups persecuted by the regime would not want to be labelled ''Burmese'' or in fact that some may not be given such a status. Muslims from Burma, such as the Rohingya, are excluded from the process. In focus groups conducted by the HRDF with 80 workers from Chiang Mai, Bangkok and Samut Sakhon, lack of awareness of, and a lack of trust in the national verification process, was prevalent. For instance, they were unaware whether they had to verify their nationality, the costs involved, what benefits it would bring and what the consequences would be if they did not. ''I don't understand anything about this issue. It's like they are ordering us to go into a cave, but we don't know what's inside. Is it dangerous?'' asked one man. While some in the focus group had sworn off the process _ including a woman who makes 110 baht a day and finds it far too expensive, and a man who believed it was simply a disingenuous ploy to win votes in the upcoming election _ most migrants interviewed seemed to be at various stages of weighing up the personal costs, benefits and risks. There are reports that the process has driven workers home to Burma and to seek refugee cards in Malaysia, though most observers doubt there will be significant migrations, because those journeys are also costly. Mr Soda of the International Organisation for Migration concedes the process puts migrants in a difficult position. ''If migrants do not accept these conditions, they risk being dismissed by their employers. Migrants will be assessing the cost of the process, versus the benefits.'' How robust those benefits will be is also being questioned. While most observers agree that it should improve the legal status of workers, they are also quick to point out that it won't necessarily improve workers' rights. ''It's a thin layer of protection,'' says Paul Buckley of Uniap, noting that the longstanding problems of employers holding on to the passports of workers they fear would otherwise run away, will likely continue. ''This happens with documented Cambodians and Laos,'' says Mr Soda. ''Even when they go through the proper channels. Suddenly they have this precious piece of ID. It cost a lot, it took time and employers will still withhold it and they'll still have debts to pay. That won't go away.'' Mr Robertson advocates a system in which workers are registered independently and allowed to change employers freely. ''This would force good practices and place an upward pressure on standards.'' Others suggested solutions include reducing the costs, extending the time period (which everyone I spoke to called ''impossible''), eliminating third-party brokers, moving jlnationality verification to Thailand and better educating migrants and employers on the process. There are signs some of these doubts are starting to receive attention. The MoL has tinkered with the policy in recent weeks, extending the programme to workers' children and vowing to regulate the nationality verification brokers. While these are improvements, observers are concerned by the failure of both governments involved to acknowledge the migrants' security concerns. ''There is no easy solution. Thailand is dealing with one of the most difficult migration flows in the region, and probably beyond. It's a process which is virtually impossible to implement without a proper structure on the other side. Thailand often benefits from these workers, but it's not always easy,'' says Mr Soda. As for the few who have been through the process, they seem to be happy, if considerably poorer. Aung is proud, and quick to show off his passport. In the two months since he obtained it, he's returned to Burma three times. He enjoyed the easy passage through the provinces and crossing the border, these times, without the smuggling fees. The DoE did not respond in time for publication of this article. ____________________________________ October 19, Reuters China, Myanmar agree to work for border stability Beijing ? China and Myanmar agreed on Monday to work together to ensure stability along their border, state media said, after violence erupted on the Myanmar side in August that pushed thousands of refugees into China. "China and Myanmar should make efforts together to strengthen exchanges and cooperation, as well as safeguard stability on the border areas for the sake of the fundamental interests of the two peoples," Xinhua news agency quoted Chinese Vice-Premier Li Keqiang as telling a visiting Myanmar minister. Li added that China "would keep supporting Myanmar's economic construction and sustainable development". In August, Myanmar's army overran Kokang, a territory that lies along the border with the southwestern Chinese province of Yunnan and was controlled for years by an ethnic Chinese militia that paid little heed to the central government. Many of the refugees were ethnic Chinese, some of them Chinese citizens, who complained their houses and businesses had been sacked and looted during the violence. Last month, China rapped the former Burma over the violence, demanding the government protect Chinese citizens and make sure such such incidents did not happen again. But relations appear to be improving again. Xinhua said vice premier Li met the visiting Myanmar minister, Tin Aung Myint Oo, during a meeting in the southwestern Chinese city of Nanning. "Tin Aung Myint Oo extended thanks for China's support during the meeting, saying that Myanmar appreciated its friendly relations with China," the report said. Myanmar was willing to deepen the mutually beneficial cooperation and stabilise the border areas, Xinhua reported the minister as saying. The August crisis tested ties between two countries who view each other as strategic friends. Energy-hungry China is one of the few powers willing to do business with military-run Myanmar, and has invested more than $1 billion to get access to natural resources such as oil and gas. Resource-rich Myanmar has parried Western sanctions and pressure from its Southeast Asian neighbours over its shoddy human rights record by courting China. (Reporting by Ben Blanchard; Editing by Bill Tarrant) ____________________________________ BUSINESS / TRADE October 19, 4Hoteliers.com (United Arab Emirates) Myanmar builds more resorts to boost tourism industry Myanmar has witnessed the development of more international resort hotels to attract foreign travellers to the country and boost tourism development. The Andaman Club, a travel and tour company, is expected to develop a US$3.5 million resort hotel, named St Luke's Beach Resort Hotel, in New Palau Ganchar Beach on St Luke's Island in the Andaman Sea. Another company, Amata Hotel Group, is also expected to develop an upscale hotel located in Myeik Archipelago, the southernmost part of Myanmar. Additionally, accessibility to Ngwe Saung Beach located at Myanmar's southwestern Ayeyawaddy division is anticipated to be facilitated by a proposed airport project. This is envisaged to shorten the travelling time from Yangon, the former capital of Myanmar, to a short flight compared to a three-hour drive from Yangon. Upon completion of the airport, Ngwe Saung Beach will become the second beach to be accessible by air after Ngapali. According to tourism statistics, Myanmar's tourist arrivals for the fiscal year 2008?09, which ended in March, exceeded approximately 255,000. ____________________________________ ASEAN October 19, Agence France Presse Myanmar PM to attend ASEAN summit Yangon ? Myanmar's prime minister, General Thein Sein, will attend the annual Association of Southeast Asian Nations summit in Thailand this week, an official announced Monday. The official confirmed a state media report that Thein Sein would visit this weekend's summit of regional leaders in the Gulf of Thailand. "General Thein Sein will attend the ASEAN summit," said the official on condition of anonymity. His trip to Thailand comes as the junta appears to be opening up diplomatic channels abroad, with Thein Sein last month becoming the highest-ranking Myanmar official to attend the United Nations General Assembly in 14 years. The prime minister made a speech before the assembly on September 28, condemning Western economic sanctions against his country as the United States mulls greater engagement with the reclusive government. In 2007, Thein Sein caused a diplomatic furore at an ASEAN summit by forcing host Singapore to revoke an invitation to UN envoy Ibrahim Gambari. Gambari had been due to brief regional leaders after a bloody crackdown on street protests in Myanmar that caused international revulsion. Myanmar's human rights record has caused constant problems for ASEAN since it joined the bloc in 1997. This year's summit is due to officially launch a new body to help prevent rights abuses in the region. Leaders attending the 15th annual summit, being held in Hua Hin, where Thailand's revered king often resides, are due to discuss closer economic ties and ways of coping with natural disasters. The summit will be followed by talks between the 10 members of ASEAN and the leaders of China, South Korea, Japan, Australia, India and New Zealand. Thailand is mobilising an 18,000-strong security force and invoking a harsh internal security act to prevent protests at the meetings, which have been cancelled twice before because of anti-government demonstrations. ASEAN groups Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. ____________________________________ REGIONAL October 19, Voice of America Civic groups press to end hydropower development on lower Mekong River ? Ron Corben Bangkok ? Civic groups meeting in Thailand are petitioning regional governments to halt dam construction on two major Southeast Asian rivers. The groups say the dams threaten food supplies for millions and are leading to human-rights abuses in some areas. Environmental and human-rights activists say regional governments are looking at an outdated development model for generating electricity that fails to recognize people's rights. They say the dams do not ensure equitable and sustained development. The groups are attending a so-called People's Forum before the Association of Southeast Asian Nations summit later this week. The environmental group, Towards Ecological Recovery and Regional Alliance, collected more than 20,000 signatures asking governments to abandon plans to build dams along the lower Mekong River. The petitions are to be presented to the leaders of Cambodia, Laos and Vietnam, which share the river with Thailand. The activists have asked Thailand's government to abandon the projects. An alliance representative, Premrudee Daoroung, says the 11 dams on the lower Mekong threaten fishery stocks. "Our main concern is that if the Lower Mekong mainstream dams happen the fishery for the whole Mekong region will be blocked and fishery is a very thing - it is out of concern that if that [occurs] it will destroy the livelihood of millions of people in the region," said Premrudee. More than 60 million people in Southeast Asia are dependent on the Mekong River for fishing. The river starts in Tibet and runs 4,800 kilometers through China and Southeast Asia. Meanwhile, more that 50 civic groups from Burma submitted a petition to the Thai government demanding a halt to dam construction on the Salween River between Burma and Thailand. Five dams have been planned for the Salween - four to deliver power to Thailand and one to supply China. The groups accuse Burma's military of committing human-rights abuses at a dam site in the country's Karen State and one in Shan State. The Salween Watch Coalition led the petition drive. Sai Sai, a coalition spokesman, says the Burmese military has forced thousands of people from their homes. "Even though [construction of] the dam is just beginning and doing the survey, the military has forced people out from their homes," he said. "So now more than 70,000 people - including indigenous people - are already relocated out of their home towns. So right now the affected people in Burma have not been consulted on the dam construction." Sai Sai says the projects lack transparency and accountability, because the money for them goes to the military government. The groups want all the dams to be put on hold until Burma has a democratically elected government. ____________________________________ INTERNATIONAL October 19, Mizzima News Constitution entrenches junta?s culture of impunity: Report New Delhi ? The international community should not support the Burmese military junta?s 2010 elections because it will entrench military rule and a culture of impunity, the International Centre for Transitional Justice said in a new report. The ICTJ, in its report titled ?Impunity Prolonged?, said the junta over the past two decades has been deliberately into human rights violations as a tool to suppress its people and all oppositions and has designed a constitution that will sanction impunity for their actions. Amidst numerous other violations documented by various human rights organizations, the report mainly identified sexual violation, forced labour and use and recruitment of child soldiers, as Burma has ratified to international conventions on the three categories. Members of the Burmese military ?armed with guns and the knowledge that they are not likely to be held accountable for their abuses, often resort to inhumane behaviour,? the report said. Rape is tolerated and is seen not as a crime but rather as a necessary strategy to punish individuals, families, and communities that may oppose the government, the report said. ?This illusion validates and encourages more violations,? the report added. It furthers that Burmese civilians are often snatched from their homes and forced to provide free labour to support the junta?s endeavours against opposition forces. And with the high rates of attrition in the armed forces, the expanding size of the army, the numbers of volunteers decreasing, and deserters increasing, recruiters have turned to children to meet their quota. ?While all of these activities are illegal under Burmese and international law, they persist because of the country?s culture of impunity,? said the report adding that the culture of impunity is the essence of the junta?s new constitution. The junta?s 2008 constitution gives amnesty to the ruling regime for any crimes they have committed it also allows the military to dominate the government and to protect their interest. Besides, the constitution reserves 25 per cent of seats for the military in Parliament and also allows the military to override the Parliament and declare a state of emergency anytime it deems right, in the name of national security. ?The Burmese continue to be forced to live with mass violations, impunity that encourages more crime, a constitution that entrenches the military?s power and a blanket of terror over political opposition,? the report said. The report said any strategic approach should be on catalyzing change, preparing for future accountability, preserving and organizing evidence, and effectively using available international mechanisms. And in doing so, the report urged the international community to strengthen Burmese activists both inside and at the border to be able to effectively document the human rights violations and preserve and organise evidences. ____________________________________ OPINION / OTHER October 18, Asian Tribune The lives of two Nobel Laureates ? Nehginpao Kipgen As the season of the world?s prestigious prize announcements are underway, the circumstances of two renowned Nobel Peace Prize recipients are riveting: the stories of Barack Obama of the United States of America and Aung San Suu Kyi of Burma. Many Americans awoke surprise on October 9 when the five-member Norwegian Nobel Committee awarded the 2009 peace prize to the 44th president of the United States of America. In fact, the president himself said he was "surprised and deeply humbled" and does not deserve to be in the company of many other transformative figures who have been honored. By receiving the prize in less than a year in the White House, Obama has become the fourth sitting U.S. president to have been honored by the Nobel Committee. The other three recipients were: Jimmy Carter in 2002, Woodrow Wilson in 1919, and Theodore Roosevelt in 1906. The Nobel committee said it awarded the prize to Obama for his "extraordinary efforts to strengthen international diplomacy and cooperation between peoples." He is basically awarded for the goals yet to be achieved. Though there are pockets of criticisms and reservations on the selection, the Nobel Committee was convinced that it was too good to ignore Obama?s emphasis on disarmament and diplomacy. The committee was reportedly buoyed by Obama's vision of a nuclear-free world, laid out in a speech in Prague in April and at the United Nations in September. During his visit to Moscow in July, president Obama and Russian president Dmitry Medvedev agreed to work out a new limit on delivery vehicles for nuclear warheads of between 500 and 1,100. The two leaders also agreed to reduce warhead from the current range of 1,700-2,200 to as low as 1,500. In his historic address to the Muslim world from Cairo in June, Obama tried to reinvigorate the relationship between the United States and the Muslims. He offered a new beginning of relationship based upon mutual interest and mutual respect, and common principles of justice and progress; tolerance and the dignity of all human beings. By deciding to end the unpopular war in Iraq and shifting the U.S. focus on Al Qaeda fighters in the mountains of Afghanistan and Pakistan, Obama has earned greater international support, especially from the North Atlantic Treaty Organization (NATO) allies. While the prize may add to his international image, president Obama?s popularity at home is declining in recent months. The October 1-5 Associated Press poll showed that 56 percent of Americans approved his job performance. September 17-20 NBC/Wall Street Journal poll found that only half of all Americans backed his handling of foreign policy. According to Gallup poll, Obama had 83 percent approval rating in January. At the other end of the world, there is another Nobel Peace Laureate who has spent her life under very different circumstances. Aung San Suu Kyi of Burma was awarded the Nobel Peace Prize "for her non-violent struggle for democracy and human rights" in 1991. Suu Kyi has spent 14 of the last 20 years in detention since July 1989. During the general election in 1990, Suu Kyi?s National League for Democracy (NLD) won 392 of the 485 seats contested in the 492-member assembly. The military-backed National Unity Party (formerly known as Burma Socialist Programme Party) secured only 10 seats. Despite the resounding victory, the party was never allowed to form a government. Obama was privileged to be born in a country where fundamental democratic principles are respected, as enshrined in the Universal Declaration of Human Rights. The 2009 Nobel Laureate could freely organize and ran for a Senate seat, and later vied for presidency. In contrast, the 1991 Laureate was barred from the 1990 general election, and she is likely to remain behind bars until the military junta?s proposed 2010 election is over. Obama is expected to be in Oslo in person to deliver an acceptance speech in December. In 1991, Suu Kyi?s prize was received by her son Alexander Aris. In his speech, Aris said: ?I know that if she were free today my mother would, in thanking you, also ask you to pray that the oppressors and the oppressed should throw down their weapons and join together to build a nation founded on humanity in the spirit of peace.? Aung San Suu Kyi continues to be a staunch advocate and believer of non-violence who likes to resolve the conflicts in Burma peacefully. In the latest sign of positive development, at her request, Suu Kyi was allowed to meet diplomats from the United States, the United Kingdom and Australia on October 9 to discuss their views on sanctions on Burma. This issue, for a while, has been Than Shwe?s (junta chief) key condition for entering a dialogue with Aung San Suu Kyi. Sadly in Burma, there is no independent Gallup poll to gauge the popularity of Suu Kyi. Nevertheless, she remains to be a promising leader who can be widely accepted by the different ethnic groups of the country. While Obama is building his international image through diplomacy, Suu Kyi in her utmost capacity is working to establish a democratic society in her country. Nehginpao Kipgen is a researcher on the rise of political conflicts in modern Burma (1947-2004) and general secretary of the U.S.-based Kuki International Forum (www.kukiforum.com). He has written numerous analytical articles on the politics of Burma and Asia for many leading international newspapers. ____________________________________ October 19, Irrawaddy Defeating HIV/AIDS, preserving the future ? Phyu Phyu Thin When the immune deficiency syndrome disease (HIV/AIDS) first appeared in Burma in 1988, it was said that the first case was that of a sailor who was infected with the disease. Possibly for that reason, after 1990 the syndrome was commonly known as "sailors' disease." Then the disease spread among the homosexual community in 1994-95, and it was called the "gays' disease." I learned a little about the disease in school, but personally, I wasn?t very interested in the issue. When I joined the National League for Democracy (NLD) in 1996, I became involved in various social issues, but HIV / AIDs still wasn?t high on my list. By that time, it was well-known as the "4-alphabet disease" among Burmese youth, or "Lay lone disease? in Burmese. Many people were afraid when the government launched its first awareness campaign with billboards saying, "AIDS has no cure and there is no medicine for it." Apart from awareness campaigns, the government had no program to give blood tests to people in vulnerable communities such as drug users or sex workers, and it neglected the spread of the disease. As the situation worsened, many people died from HIV/AIDS. In my small community, adults and youths died from the disease, their bodies shrinking into the form of a skeleton. If someone asked, their relatives might say that they died from tuberculosis (TB) or cerebral malaria. When she was free for a brief period, Aung San Suu Kyi, a leader of vision, said during a speech in 1998 at the 13th International AIDS conference in Durban that openness will help control the spread of HIV, since people can discuss how it is contracted, how to control its spread and how to help those who already have the virus. She said "containing the spread of HIV/AIDS is preserving our future," and, "If we could develop more compassion in this world then we would all have achieved a happier, more peaceful world." Suu Kyi selected 19 NLD youth members to be trained in HIV prevention and care at the United Nations Development Program office in Rangoon. After the training, all 19 members started working in a NLD prevention and care program for HIV/AIDS patients. Since then, without financial assistance or salaries, we have worked to deliver care and raise HIV/AIDS awareness. Meanwhile, the authorities are always looking at what we do, and they sometimes harass us because we are NLD members. It?s hard to keep the work going. The program continues with a small group of workers, including me and Khin Htar Yee, who is liked my elder sister. With meager resources, we keep the program going amid many uncertainties and great anxiety. I recall that our first HIV/AIDS patient was a police officer. Since then, we have cared for almost 2,000 infected patients. Many of our patients died while receiving our care. Many stories are tragic, but others are heart warming. In our early days, we treated patients unsystematically, and we learned as we did our work. We went to patients' homes and offered help such as washing clothes, cleaning a room or cooking. We were not familiar with HIV/AIDS medicines, and we had no source for knowledge or supplies. The patients were thankful for our support, but we couldn?t provide medical care, and they died. At first, we faced tremendous hardships because of the stigma attached to HIV/AIDS. Most patients didn?t want others to know of their illness. In some cases, families welcomed us. But many families rejected us, not wanting to be associated with the disease. At that time, most people believed HIV/ AIDS was a disease of bad moral character or shameful behavior. The problem was compounded by the military government?s fear-driven campaign. Many patients would not go to hospitals or health services, and they wanted to keep their infection secret, which could sometimes lead to reckless lifestyles and more infections. Many patients arrived too late to be treated at the Wai Bar Gi Infectious Disease Hospital. Those who could be treated often couldn't afford to buy drugs in the government?s ill-equipped hospitals. Now many of our patients are given ARV (anti-retroviral drugs) medicine and support, and most can continue their lives. However, while cheaper and affordable drugs are now available, some patients still go to faith healers or take herbal medicines or dangerous concoctions, seeking a cure. Some even eat dog meat once a day, believing it can cure them. We have a long way to go to remove misguided beliefs and deep-seated fears. If Suu Kyi were free and able guide us, we could work to support our patients and treat the disease even more effectively. I have committed my life to help people with the disease and to eliminate the spread of HIV/AIDS in Burma. I urge people to join in the fight to prevent this catastrophic disease. Phyu Phyu Thin, a member of the National League for Democracy, is a key organizer of the NLD?s HIV / AIDS outreach program ____________________________________ INTERVIEW October 18, Bangkok Post In search of democracy - Kachin leader engages junta Freelance journalist Myint Shwe recently met Manam Tu Ja in Laiza on the Chinese border, where they discussed possible implications of the volatile situation in Burma and his brand-new Kachin State Progressive Party Recently, the New Light of Myanmar, the mouthpiece of the Burmese junta, carried an article extolling former Kachin rebel leader Manam Tu Ja's decision to set up a political party to contest the general election in 2010. Tu Ja had taken part in a national constitutional drafting convention organised by the junta from 2004-07 as a representative of the Kachin Independence Organisation (KIO). Despite the reservations by the opposition National League for Democracy (NLD) led by Aung San Suu Kyi, many believe that the 2010 election is the only solution to the country's problems. In Rangoon, upstart groups are springing up each day in preparation for the election, the date of which has yet to be announced. The KIO has approved Tu Ja's decision and officially relieved him of leadership responsibilities. But on the other hand, the KIO and the United Wa State Army (UWSA) - the two most powerful armed ethnic organisations, which signed ceasefire agreements with the Burmese junta 20 years ago - are resisting the government's plan to transform them into state administered Border Guard Forces (BGF). The KIO, with a fighting force of 4,000, and the UWSA, with 20,000 soldiers, are currently negotiating with the junta. Both sides are emphasising the importance of peace, and the use of political means to find a solution. The junta vanquished the Kokang, a much smaller armed group along the border with China, this past summer. A newly installed Kokang leadership has accepted the BGF proposal. Some Burma observers think the junta might delay the elections. Pessimists even foresee a resumption of civil war in the north and in the east of the country. There was news recently that the State Peace and Development Council (SPDC) would form an interim government, probably in October, to handle the upcoming election. What is your opinion on this? Yes, we heard about it. If it is true, it is for the good. I mean it must have been made with good intentions. Given the current situation, it might be better to let an interim government carry on the remaining steps of the (seven-step) road map (for democracy). It is better suited to convene the election and to hand state power over to the newly elected government. How will the SPDC proceed with its plan to transform the KIO and the UWSA into Border Guard Forces? In principle, the transformation of indigenous armed organisations is necessary in order to harmonise with the country's political transition, I mean toward a democratic state. However, in doing so, we may need to allow enough time, great patience, and unlimited consultation with the indigenous people. Like many others, I can sense that both the SPDC and the ceasefire groups prefer negotiation to a resumption of violence; both sides do not want to lose peace that has been achieved so far. Therefore, until they get a good solution, more patience is needed to work toward it. I firmly believe this hurdle will be overcome and the transformation will take place eventually and peacefully. There are some pessimistic views in the political circles in Rangoon regarding this issue. Some even forecast that the election might be postponed until this problem is solved. If you think the issue will be solved peacefully, can it happen before the election? I cannot tell with certainty. However, it seems to me that this issue will be solved before the election. I know some (armed) organisations are saying that this issue should be relegated to the next government; well I think it is up to the (current) government. If the government decides to leave the issue to the post-election period, it can do so, but I think the government side appears to have determined to finish it first. On their side, the peace groups wish that their status would be left as it is now and discussed in the coming Union Assembly, or be solved by the new government. But I think this is less likely. According to Burmese state-owned media, you are one of the few people who have been viewed favourably by the government. If the government asks you to help negotiate with the KIO on the BGF plan, would you consider it? I do not think the government would ask me to intervene in any manner. The government has been fully capable of solving the problems it has faced so far. Besides, the government's style of work is dealing directly with the parties concerned, allowing only those who are involved. I am totally out of it. You have decided to form the Kachin State Progressive Party (KSPP). You are still a leader of Kachins and an ex-KIO leader. How much will the current transformation issue affect your efforts and those of the KSPP. We have determined to play a new game, urban politics. As you know, I clearly have burned the bridge behind me. Therefore, I will say the KSPP has nothing do to do with the KIO, regardless of whether it can negotiate its stand with the government, or not. Have you relinquished your KIO membership? Yes, I have formally resigned both from the KIO leadership and from the organisation. I personally do not have a single stake left with the KIO. On the other hand, I have cooperated with the government's road map since the National Convention and I am still cooperating with it through my plan to form a political party and to stand in the coming election. In this regard, I want to emphasise that the KSPP will be a political party based entirely on the urban population (in Kachin state); it will play urban politics only. The KSPP will be marching along with the flow of the democratic age. We are now clearly and totally separated from the KIO. It does not necessarily mean I do not like the old ways of politics anymore. I just choose the new way, the democratic, civilian way, and the way of urban politics. So, whatever is happening on the other side will not be related to us in any way. What is the story behind the formation of the KSPP? Last year the people in Kachin State called a mass meeting and formed a large group called Kachin State Transitional Period Leading Body. This body consisted of representatives from all walks of life, such as religious leaders, businessmen, scholars and people from political organisations like the KIO and other smaller ones such as the New Democratic Army Kachin (NDAK). The KIO consulted with the transitional body regarding the coming election. Through the body the Kachin people expressed the belief that the election approach to political transition as an option should not be rejected entirely, since it is inevitable. So it was recommended that a political party be formed to contest the election. The leading body of the KSPP was formed, with 53 representatives drawn from that Transitional Period Leading Body. There were 10 representatives from the KIO, of which I was one. Five of these have returned to the KIO and the remaining five, including me, are now with the KSPP. So we are totally independent of the KIO, as I told you earlier. Some who are from smaller political organisations other than the KIO have also become civilian politicians like me, and no longer members of any armed group. That is why I said we are totally independent of any armed organisation. We are now a political party in the true sense of the word, and based on the civilian Kachin population. Does the KSPP intend to represent all the Kachin State? Yes, we felt that there should be only one local political party for the whole of the Kachin state, though we will not oppose others in Kachin state that wish to have their own parties. But we will try to make an alliance and merge with them. We expect that bigger national parties like the National Unity Party (ex-Burma Socialist Program Party) and the National League for Democracy (NLD), might decide to run in the election in Kachin State, and other government-supported proxy parties and candidates as well. Our party, as a local party, intends to embrace all peoples and groups, united in the state. I want to say that the KSPP is a geographically instituted political party, or a state-based party, not based on religion or ethnicity, and focused on the all-round progress of the Kachin state. In this regard, I want to say that the KSPP is going to be a constructive party in all aspects, with positive attitudes. Our purpose in founding a political party is not to oppose whatever the government does or is going to do. We will cooperate with anyone when we believe their ideas are beneficial to the Kachin state, as well as the union as a whole. We will open the doors of our party widely. There will be room for everyone and leadership opportunity for anyone who demonstrates calibre. What will be the first activity of the KSPP once you have officially launched the party? We have yet to set up our organisational structure systematically and launch officially. When the government allows parties for registration we will do so, and we will launch our organisational work with the Kachin public within the framework the government allows. Will the KSPP's party work be limited to within the state? Yes, it will be within the Kachin State. Do you have anything more to say? The constitution and the elections are the two important things we need to have in order to make a smooth and successful turning point in this era of our country's history. This is the only door which is open for us at this moment. This is why we are starting now and starting where we can start practically. It is given by circumstances, not choice. But I believe, if we work on steadily along this line, one day - I say one day - we will be at the destination all of us have envisioned. I know there are criticisms of the new constitution. But even if the constitution is to be revised or amended in certain aspects, the only ones who can do so are the elected persons who have come through the 2010 election, and the only venue is the Union Assembly. There is no way to bypass the election and the Union Assembly created by it. This should be clear. Myint Shwe (myint.shwe at gmail.com) is a Canada-based long time Burma observer and freelance journalist. ____________________________________ PRESS RELEASE October 18, Burma Partnership Burma Civil Society groups at ASEAN Peoples? Forum call on ASEAN to address the regime?s serious breaches of the Charter A delegation of Burma civil society actors organized by the Task Force on ASEAN and Burma (TFAB) are attending the ASEAN People?s Forum/ASEAN Civil Society Conference in Cha-am, Thailand, on October 18-20, days before the ASEAN Summit. The APF/ACSC has been reformatted to create greater opportunities for interaction between civil society and ASEAN senior officials. Burma?s civil society groups are calling on ASEAN to address the SPDC?s violations of the regional body?s Charter. On 19 October, Ashin Sopaka of the International Burmese Monks Organization will be speaking on a panel addressing political and security issues in ASEAN. Other members of the delegation will be raising issues of sexual violence, environmental exploitation, child soldiers, political and ethnic oppression at the hands of the military junta, and rights for migrant workers. ?The regime?s volatile approach to consolidating power in the lead up to the 2010 elections, including attacks against ethnic groups and democratic opposition, is a clear threat to regional peace and security. At the upcoming summit, ASEAN must address the junta?s serious breaches of the Charter. It can start by engaging in critical political dialogue with the regime and supporting the Burmese people?s efforts towards national reconciliation,? said Khin Ohmar, Coordinator of Burma Partnership and a member of TFAB. The Task Force on ASEAN and Burma is a network of Burma's civil society actors working to promote a people-centered ASEAN that is supportive to the cause of democracy, human rights, and peace in Burma. CONTACT: Khin Ohmar +66 0818840772 Jessica Stevens: Media Officer +66 0851366702