From editor at burmanet.org Tue Jan 12 15:30:04 2010 From: editor at burmanet.org (Editor) Date: Tue, 12 Jan 2010 15:30:04 -0500 (EST) Subject: BurmaNet News, January 12, 2010 Message-ID: <39030.63.173.78.131.1263328204.squirrel@webmail2.pair.com> January 12, 2010, Issue #3874 INSIDE BURMA Mizzima News: Aung San Suu Kyi?s lawyers to submit final appeal Mizzima News: Detained American?s hearing nears conclusion DVB: ?Prayer? activists appear in court DVB: ?Third force? party to reconsider Burma elections BUSINESS / TRADE Irrawaddy: Junta confers titles on cronies Business Ghana: Myanmar, Vietnam to enhance trade, investment to boost economic ties ON THE BORDER United News of India: AR to raise 26 battalions to check border terrorism OPINION / OTHER The New Republic (US): Gullible Gambari ? Seyward Darby INTERVIEW Irrawaddy: The political reformer: U Thu Wai ____________________________________ INSIDE BURMA January 12, Mizzima News Aung San Suu Kyi?s lawyers to submit final appeal ? Mungpi New Delhi - Lawyers of detained Burmese pro-democracy leader Aung San Suu Kyi on Tuesday met with her as part of their preparation to submit a final argument in their appeal to the Supreme Court against her sentence, according to her lawyers. Kyi Win, a member of Aung San Suu Kyi?s defense team, on Tuesday said he along with fellow Supreme Court Advocate Nyan Win visited the Burmese Nobel Peace laureate at her lakeside villa on Rangoon?s University Avenue and discussed the appeal against her sentence.suu-kyi-campbells ?She [Aung San Suu Kyi] is in good health. We discussed our final argument to be submitted to the Supreme Court on January 18th,? Kyi Win explained. The pro-democracy leader?s lawyers had filed a petition with the Supreme Court over the sentence handed down to her by a District Court last year on charges of violating her previous detention regulations. Aung San Suu Kyi is currently serving an 18 month suspended sentence handed down in August, a sentence halved by special order from Burma?s military Head-of-State Senior General Than Shwe. Following the verdict, her legal team filed a petition at the Divisional Court, arguing the innocence of the defendant and asking for acquittal. But the Divisional Court upheld the District Court?s decision. The Supreme Court, currently hearing the appeal, and has set January 18th as the deadline for the defense to submit their final argument. According to Kyi Win, the Supreme Court could overrule the District Court?s decision and acquit the accused or order a revision of the case. But it can also refuse to consider the appeal and uphold the lower court?s decision. ?We are arguing that Aung San Suu Kyi is innocent and thus should be acquitted,? Kyi Win said. The Burmese opposition figure was found guilty by the District Court for allegedly allowing an American, John Yettaw, into her house in early May, which amounted to a violation of her detention law. But the defense counsel is arguing that the charges were based on laws no longer in effect. The charges, according to the defense, were based on the 1947 constitution, which has been defunct since the present military government assumed power in a 1988 military coup. Several observers, meanwhile, have come out to publicly label the charges a ?sham? and pretext to keep the opposition leader under detention and away from the public scene in 2010, as the ruling junta gears up to conduct a general election as part of their seven-step roadmap to democracy. ____________________________________ January 12, Mizzima News Detained American?s hearing nears conclusion ? Mungpi New Delhi - With the testimony of a defense witness on Tuesday, Rangoon?s Southern District court concluded witness hearings in the trial against Burmese-born American Kyaw Zaw Lwin, (alias) Nyi Nyi Aung. ?Both lawyers will present final arguments on January 22nd, and following that the court will hand down the verdict,? Kyi Win, one of the US citizen?s lawyers, told Mizzima. The naturalized American has been standing trial on charges of fraud, forgery and illegal entry into the country. ?I don?t want to speculate on what the court will decide but our position is that the accused is innocent,? Kyi Win said. The international lawyer of Nyi Nyi Aung, Beth Swanke, expanded on the legal position of the defense, claiming the charges are a ?sham? and an attempt to frame and imprison the accused, as he is a known pro-democracy activist advocating for democracy and human rights in Burma. Nyi Nyi Aung, a student activist at the time of the nationwide protests in 1988, was forced to flee Burma to Thailand along with fellow students as the military began cracking down on protestors. He later moved to the United States, where he became a naturalized citizen. Nyi Nyi Aung is the second American to stand trial in Burma in 2009, following fellow citizen John William Yettaw who was charged and tried for illegally entering the house of detained Nobel Peace Laureate Aung San Suu Kyi in May 2009. Yettaw, who was sentenced to seven years imprisonment, was eventually sent back along with visiting US senator Jim Web. In December, over 50 US congressmen urged the Burmese government to grant Nyi Nyi Aung the same treatment as Yettaw and allow him to return to the US. The US Embassy in Rangoon, in an email message, told Mizzima that it is closely monitoring the case and ?have pursued consular access vigorously from the time of Mr. Lwin's arrest. The United States continues to press the Burmese government to handle his case in accordance with international standards of due process.? ?The United States continues to work through diplomatic channels to achieve an overall positive outcome to the case,? Drake Weisert, Assistant Public Affairs Officer at the Embassy, subsequently told Mizzima on Tuesday. ?An Embassy consular officer met with Mr. Lwin at Insein Prison on December 28th for one hour. We continue to press for regular consular access,? elaborated Weisert. ____________________________________ January 12, Democratic Voice of Burma ?Prayer? activists appear in court ? Yee May Aung The detained organizer of weekly prayer ceremonies that called for the release of political prisoners in Burma yesterday complained about prison conditions in a court appearance. Naw Ohn Hla, along with three other ?prayer? activists, appeared at Rangoon?s Insein prison court yesterday where judges heard testimonies from defence witnesses, according to their lawyer. Kyaw Ho, a central court lawyer representing Naw Ohn Hla and her co-defenders Cho Cho Lwin, Cho Cho Aye and San San Myint in their trial, said their former school headmistress, Nyin Tin, testified in their defence. ?Nyein Tin said that she knew Naw Ohn Hla had visited pagodas every Tuesday and prayed for the release of Daw Aung San Suu Kyi and political prisoners, but that did not break any law,? said Kyaw Ho. ?There are seven more witness accounts to be heard. Since the court is hearing three witness accounts per each hearing every week, we expect that the verdict will be passed at the end of this month or early next month.? He said Naw Ohn Hla at the hearing complained about living condition in her Insein prison cell, which she shared with nine other inmates. She said that the temperature was too hot there even in the winter and it is posing a threat to inmates? health. A hearing for 11 Arakanese youths accused of having links to the banned All Arakan Students? and Youths? Congress (AASYC) was also held in Insein yesterday. ?The group was charged under the Unlawful Association Act under accusations of having links with and assisting and supporting the AASYC in [Thailand?s] Mae Sot,? said lawyer Maung Maung Latt. ?Six of them were also charged with illegal border crossing. The prosecutors pressed an explosive charge upon one in the group named Mae Lone [also known as Naing Soe].? Meanwhile, sources say a final verdict is to be passed upon three people, Sein Hlaing, Ma Cho (also known as Myint Myint San) and Shwe Gyo, who are accused of providing assistance to political prisoners. ____________________________________ January 12, Democratic Voice of Burma ?Third force? party to reconsider Burma elections ? Ahunt Phone Myat A Burmese political party will reconsider its decision to enter this year?s elections if the announcement date of the electoral laws does not leave sufficient time to campaign, the party chairman said. The Democratic Party, part of the ?third force? in Burmese politics in which parties are not aligned either to the incumbent government or opposition groups, includes Than Than Nu, the daughter of Burma?s first civilian prime minister, U Nu. The party?s chairperson, Thu Wei, said yesterday that groups eyeing the elections were not being given sufficient time to prepare, with the laws surrounding participation yet to be made public. ?Also we expect that the election laws will impose a lot of restrictions and limitations which will leave more groups and people unable to participate,? he said, adding that he thought there would be fewer parties contesting the polls than in 1990, Burma?s last elections. The Democratic Party had previously written a letter to junta leader Than Shwe urging the announcement of election laws, which includes the formation of political parties. The Burmese government is yet to announce the date of elections, although information leaked by a Japanese newspaper last week reported that the military generals were planning to hold them in October. It also said that electoral laws would be announced in April, around the time of Burmese New Year. This would allow parties only six months to campaign. A number of ?third force? politicians have announced that different restrictions on freedom to campaign were being granted to different groups, depending on their alignment to the ruling junta. Others have given mixed reports about their ability to prepare for what critics of the junta believe to be sham elections aimed at cementing military rule in Burma. ?On political grounds, we can say we are ready as our ideology and political view is now spreading among the public,? said Aye Lwin, from the Union of Myanmar Federation of National Politics. Nay Myo Wei, from the Union Democracy Alliance, said that his party was ?in the front row We are in a strong position with our belief and work procedures.? Burma?s main opposition party, the National League for Democracy (NLD), is yet to announce whether it will participate. It won a landslide victory in the 1990 elections, but the junta refused to recognize the results, and instead placed NLD leader Aung San Suu Kyi under house arrest. ____________________________________ ON THE BORDER January 12, United News of India AR to raise 26 battalions to check border terrorism Shillong -- Assam Rifles has decided to raise 26 more battalions to man the treacherous Indo-Myanmar border to check cross-border terrorism. ''The government has sanctioned 26 more Assam Rifles battalion and we hope this battalion will be raised and deployed soon in the border,'' Additional Director General of Assam Rifles Major General JP Nehra said today. Presently, there are only 15 battalions of Assam Rifles, manning the 1,600 km long border with Myanmar border. ''Yes, there are several hurdles in the Indo-Myanmar border and the new battalions will help us in tackling cross-border terrorism,'' Major General Nehra told reporters here on the sidelines of the force's 175 raising day ceremony. When asked, the Major General said the joint patrolling of Assam Rifles and Myanmar Army was limited only in verification of the border pillars, there was a need to have better co-ordination between both the forces. He, however, said the Myanmar authorities had assured the Assam Rifles that they were ready to take action against the Northeast militants taking shelter in their country. ''The only problem with the Myanmar army is their inability to reach the inaccessible and rugged terrain where the militants have set up their camps,'' he said. Assam Rifles has decided to raise 26 more battalions to man the treacherous Indo-Myanmar border to check cross-border terrorism. ''The government has sanctioned 26 more Assam Rifles battalion and we hope this battalion will be raised and deployed soon in the border,'' Additional Director General of Assam Rifles Major General JP Nehra said today. Presently, there are only 15 battalions of Assam Rifles, manning the 1,600 km long border with Myanmar border. ''Yes, there are several hurdles in the Indo-Myanmar border and the new battalions will help us in tackling cross-border terrorism,'' Major General Nehra told reporters here on the sidelines of the force's 175 raising day ceremony. When asked, the Major General said the joint patrolling of Assam Rifles and Myanmar Army was limited only in verification of the border pillars, there was a need to have better co-ordination between both the forces. He, however, said the Myanmar authorities had assured the Assam Rifles that they were ready to take action against the Northeast militants taking shelter in their country. ''The only problem with the Myanmar army is their inability to reach the inaccessible and rugged terrain where the militants have set up their camps,'' he said. Published by HT Syndication with permission from United News of India. For more information on news feed please contact Sarabjit Jagirdar at htsyndication at hindustantimes.com ____________________________________ BUSINESS / TRADE January 12, Irrawaddy Junta confers titles on cronies ? Wai Moe Businessmen associated with Burma's military junta are not just profiting from their cozy relations with the country's top generals, they're also being honored for their contributions to society, according to reports from Rangoon. Sources in the former Burmese capital said that two of the junta's closest cronies, Tay Za and Zaw Zaw, were awarded one of the country's highest honors, the title of ?Thiri Pyanchi,? on Jan. 4, Burma?s Independence Day. Although the state-run media has made no mention of the honors conferred on the two men, who have both been placed on international sanctions blacklists, many in Rangoon's business and journalistic circles are talking about it. ?We were all surprised when we heard that they had been awarded one of the highest honors in Burma along with 16 senior military officials,? said one Rangoon-based journalist, speaking on condition of anonymity. Journalists and businessmen in Rangoon said Tay Za and Zaw Zaw were honored with the Thiri Pyanchi title for their ?outstanding work? in helping Burma to develop its economy and for their contributions to the development of professional football in the country. Tay Za and Zaw Zaw are two of the richest civilians in military-ruled Burma. Tay Za chairs the Htoo Group of Companies and Zaw Zaw runs the Max Myanmar Group of Companies. Their close ties to the junta's top generals have won them lucrative business concessions in a number of key industries, including logging, gems and jewelry, tourism and transportation, and civil engineering and construction. They are also involved in international trade, exporting rice, rubber and other agricultural products and importing machines, and have invested in the regime?s newly built Yadanabon Cyber City near Mandalay. Last year, they both entered the field of professional sports promotion, playing key roles in the establishment of Burma's new national football league. Tay Za is the owner of the Yangon United FC, one of the first privately owned football clubs in the country, and Zaw Zaw is the chairman of the Myanmar Football Federation. Although both are dominant figures in Burma's business world, internationally they are regarded as pariahs. Both have been targeted by Western sanctions. According to the US Treasury Department's Office of Foreign Assets Control, Tay Za is ?an arms dealer and financial henchman of Burma's repressive junta,? while Zaw Zaw?s Max Myanmar has provided important services in support of the regime, particularly in the form of construction projects. On Jan. 4, state-run newspapers published a list of honorary titles and medals that can bestowed on those who make outstanding contributions to the nation. The Thiri Pyanchi was listed as the highest honor. ?In accord with the new State Constitution, the honorary titles and the honorary medals will be conferred on the outstanding persons who contributed to building a peaceful, modern and developed nation,? according a statement signed by Secretary-1 Gen Tin Aung Myint Oo. The title of Thiri Pyanchi was introduced after the country achieved independence in 1948, and has traditionally been given to outstanding civil servants and others who have made important contributions to Burmese society. In 1978, late dictator Ne Win's Burmese Social Programme Party dropped the Thiri Pyanchi from the list of honorary titles and introduced a new set of honors recognizing those who helped to forge socialism. But in the Jan. 4 announcement, the junta said that it would resume the practice of granting awards given during the parliamentary period because the new Constitution had reinstated the parliament. However, under the new Constitution, only the Pyidaungsu Hulttaw, or Union Parliament, can confer honorary titles and medals. Burma's parliament has not been convened since the junta seized power in 1988. ?The Pyidaungsu Hluttaw shall have the right to enact laws for the entire or any part of the Union related to matters prescribed in Schedule one of the Union Legislative List,? including honoring citizens with titles and medals, according to Section 96 of the 2008 Constitution. Chan Tun, a veteran politician in Rangoon, said that in the past, the title of Thiri Pyanchi was awarded to hardworking officials and businessmen whose efforts benefited the people. ?Now it is for cronies who contribute to the businesses of the generals. So the current definition of the title is quite different from the past,? he said. ____________________________________ January 12, Business Ghana Myanmar, Vietnam to enhance trade, investment to boost economic ties A strong Vietnamese entrepreneurs delegation, made up of 60 members,will visit Myanmar starting Thursday to meet its Myanmar counterparts for discussions on enhancing trade and investment to boost economic cooperation. During the three-day visit until Saturday, some agreements on bilateral trade between private entrepreneurs of the two countries will be signed, said the Union of Myanmar Federation of Chambers of Commerce and Industry (UMFCCI) Monday. Proposals for joint venture projects between the two sides will also top the agenda in their discussions, the sources said, adding that bankers of the two countries will involve in the move. The Vietnamese entrepreneurs' upcoming visit is a follow-up of that to Yangon of a Vietnamese ministerial delegation, led by Deputy Minister of Industry and Trade Nguyen Thanh Bien, in November last year, during which discussions were made with the UMFCCI, led by its chairman U Win Myint, on matters relating to economic and trade opportunities and cooperation between the two countries, exchanging of delegations, study of agricultural technology, trade and investment. Some Vietnamese entrepreneurs hold that they want to put a first hand into the Myanmar market in the light of Myanmar's foreseen political and economic evolution ahead although its current investment in Myanmar reached merely 0.15 percent of the total. According to official statistics, Vietnam's investment in Myanmar hit 23.4 million U.S. dollars as of the end of September last year since the country opened to such investment in late 1988. The Vietnamese businessmen said they wants to expand investment in the fishery and hotel industry. Vietnam stands the 16th among Myanmar's exporting countries. Myanmar mainly exported its forestry products to Vietnam, followed by agricultural produces, seafood and electrical spare parts, while it imported from Vietnam steel, electronic goods, pharmaceuticals, medicines, industrial products, chemical products, computer and accessories, plastic, cosmetics and engine oil. According to the Vietnamese figures, Myanmar-Vietnam bilateral trade reached 60 million U.S. dollars in the first nine months of 2009. Of the total bilateral trade volume during the period, Vietnam' s export to Myanmar amounted to 18 million dollars, while its import from Myanmar stood 42 million dollars, suffering a trade deficit of 24 million dollars. In 2008, Myanmar-Vietnam bilateral trade totaled 108.2 million dollars, up 11.27 percent compared with 2007,Of them, Myanmar's export to Vietnam took 75.6 million dollars while its import from Vietnam represented 32.6 million dollars. Meanwhile, under a memorandum of understanding reached between the Myanmar Fishery Department and its Vietnamese counterpart in December last year, Vietnamese fish species will be bred in such cold regions as Myitkyina, Kanpaikthi, Kutkai, Loilem and Linkay in northern and northeastern parts of Myanmar. Moreover, Myanmar and Vietnam are also seeking direct air link as part of their efforts to boost the two countries' economic and trade cooperation. In this regard, Vice-President of Vietnam Airlines Duong Tri Thanh visited Nay Pyi Taw in December last year also for the bid and Myanmar tourism circle expects that the probable Yangon-Hanoi direct air link would bring in more tourists and boost Myanmar's tourism industry. ____________________________________ OPINION / OTHER January 12, The New Republic (US) Gullible Gambari ? Seyward Darby On May 20, 2006, Ibrahim Gambari, the gregarious UN under-secretary general for political affairs, met with leaders of Burma?s military junta and their most famous political prisoner, Nobel Peace Prize winner Aung San Suu Kyi [1]. It was Gambari?s first trip to Burma, and the first time in two years that the country?s secretive rulers had granted a UN official such high-level access. Gambari?s optimism was palpable: ?They want to open up another chapter of relationship with the international community,? the seasoned Nigerian diplomat said in a press conference [2] on May 24. But three days later, only a week after meeting with Gambari, the junta extended Suu Kyi?s house arrest by a year. Suddenly, Gambari?s optimism was his humiliation. ?People thought he had fallen for their line,? says Mark Farmaner, director of Campaign for Burma UK. ?He was completely suckered.? It was just the first in a series of diplomatic blunders that would sully Gambari?s tenure as the UN?s envoy in Burma. Widely viewed as a pawn in the junta?s game of repeatedly fooling the international community about its willingness to change, he earned the nickname ?Gullible Gambari.? ?He had all these meetings and nothing to show for it,? says David Mathieson, a Burma researcher for Human Rights Watch. When the UN announced in December that it was reassigning Gambari to be its top envoy in Sudan, effective January 1, many Burma watchers breathed a sigh of relief. ?Gambari--who liked to tell critics who faulted him for a lack of results that his mission was ?a process, not an event?--often seemed a hapless bystander whenever anything actually happened in Burma,? The Irrawaddy [3], a Thailand-based newspaper established by Burmese citizens in exile, said in a scathing editorial. But some Darfur activists are now worried that Gambari might repeat his mistakes in Sudan. ?My main concern is that his focus would be on accommodation of the regime, and that would leave the perpetuation of an unacceptable and unstable status quo,? says Jerry Fowler, president of the Save Darfur Coalition. Gambari can?t be blamed for the fact that conflict within the Security Council has prevented the UN from adopting a strong Burma policy. But, instead of advocating for a tougher stance, he was all too willing to play the role of genial UN hack pushing a soft line with a notoriously duplicitous regime. ?You need a much harder edge to a UN envoy?s position,? Mathieson says. ?You don?t need someone who is charming and well-connected. The [regime] respects strength and dedication, and he didn?t embody either of those two qualities.? Gambari was already a UN veteran when he was assigned to Burma. His r?sum? included a stint as Nigeria?s ambassador to the UN, missions in South Africa and Angola, and an appointment as the secretary general's Special Adviser on Africa. He took over the Burma mission with his now-infamous inaugural trip as under-secretary general in 2006 and was officially appointed envoy the following May. That same year, he also became the Special Adviser on the International Compact with Iraq and Other Political Issues. His jumbled title concerned some people from the start. ?You?re doomed from the get-go,? Mathieson says. ?Burma is a tacked-on issue. The [regime] would just look at him and say, ?Who cares about you??? But Gambari worried Burma watchers for other reasons, too: Most of his work had been in Africa, and he knew little about Burma. ?When he was first appointed, there was a feeling among the [activist] crowd that he didn?t know anything about it,? says one UN insider close to the Burma mission. ?There was certainly a feeling that the Burmese are very racist and that they wouldn?t respond well to an African.? (His predecessor, Malaysian Razali Ismail [4], had quit in January 2006.) Others hoped his background would prove an asset. ?Gambari?s African warmth was somewhat disarming for [the junta],? the UN insider says. ?He?s very physical. He claps you on the shoulder, he takes your hand. I?m not saying he gave [regime leader] Than Shwe a hug, but he?s not reserved in the way Asian top diplomats are.? What?s more, Gambari had witnessed Nigeria?s transition from a military regime to a democracy in the 1990s from a top diplomatic perch. ?He was able to say things to the [Burmese] government that others weren?t,? the UN insider explains. ?They don?t talk to that many people who say, ?I feel your pain; I?ve been there.?? But his role in Nigeria angered, and continues to anger, many human rights activists. He served as the country?s UN ambassador under the repressive regime of President Sani Abacha. During Gambari?s tenure, the government executed democracy advocate Ken Siro Wiwa. Gambari publicly referred to Siro Wiwa as a ?common criminal? [5] and didn?t condemn his execution. He later explained [6] that he was afraid the international community would place sanctions on Nigeria. ?On the one hand, he understands the way that brutal regimes work. On the other hand, he doesn?t have a very good track record,? says Fowler of Save Darfur. ?The very fact of being the representative of the regime at the time shows that he?s driven more by expedience than anything else.? Gambari visited Burma seven more times after his initial embarrassment. Each trip followed the same benign pattern. ?[The regime] organized his schedule, decided who he saw, planned his dinners,? says Farmaner of Campaign for Burma UK. (Gambari admitted in a 2007 interview that the junta kept him ?holed up.?) His agenda focused narrowly on the relationship between the junta and Suu Kyi's political party, the National League for Democracy (NLD). He would ask the regime?s leaders to release Suu Kyi--who was never allowed to become prime minister after her party won the 1990 general election in a landslide--and other political prisoners; to engage in talks with the NLD; and to expedite democratic reforms. Sometimes Than Shwe would meet with Gambari; on other trips, only lower-level regime members would speak with him. And he was usually granted brief audiences with Suu Kyi. He didn?t meet with ethnic opposition groups such as the Karen [7], an oppressed minority rebelling in the eastern part of the country, despite the fact that such groups have considerable influence on Burma?s political situation. Because many of these groups have leaderships in exile, Gambari could have planned meetings quietly without the junta?s oversight--but he didn?t. ?In terms of the details of the Myanmar political situation, he wasn?t vastly interested,? the UN insider explains. ?He didn?t have a great command of detail.? (Members of his office did maintain backchannels with various opposition groups.) After each trip, Gambari would say that his mission, while slow-moving, was progressing--even as the regime kept up its business as usual. ?There wasn?t a level of realism and honesty,? says Jennifer Quigley of the U.S. Campaign for Burma. In 2007, when the NLD was barred from participating in the writing of a new constitution, Gambari still praised the process. ?The international community would have preferred a more inclusive process, but nonetheless it?s an important event,? he told Agence France-Presse. ?We hope that that will lead to even more progress.? (The constitution [8], finalized in May 2008, legitimized the military?s rule and barred Suu Kyi from holding office.) After his trip that September, which he took in response to the junta?s brutal crackdown on protests led by students and Buddhist monks, Gambari told reporters that he was optimistic about Burma?s future. ?The fact is that I?ve been allowed in three times now,? he told NPR that October. ?So that gives me some encouragement that perhaps, perhaps, you know, there might be an opening there.? And, when Cyclone Nargis [9] slammed Burma in May 2008 and the regime blocked international aid, Gambari was nowhere to be seen. Frustration with Gambari peaked when, in August 2008, Suu Kyi refused to meet with him. Burma watchers say she was fed up with his failure to kick-start talks between the regime and the NLD. Sensing an opportunity, the junta reportedly encouraged Gambari to send UN staffers to Suu Kyi?s house where, shouting on a megaphone, they implored her to meet with the envoy. Photos [10] of the embarrassing scene ran in The New Light of Myanmar, the regime?s media mouthpiece, with the headline, ?[Gambari] unable to meet with Daw Aung Suu Kyi however much he tries due to her rejection.? Gambari would visit Burma only two more times. After a February 2009 trip, the regime released about two dozen political prisoners, and Gambari declared that his ?message [was] getting through.? (The Karen National Union issued a statement at the time that criticized the envoy for ?once again visit[ing] Burma without also meeting with genuine representatives of Burma?s ethnic nationalities.?) In May, however, the regime pulled another about-face, putting Suu Kyi on trial for allegedly violating the terms of her house arrest. When she was convicted in August, Gambari told Voice of America that he was ?extremely disappointed?--but, as always, he was optimistic about the little things. ?The conditions of her detention, house arrest, have been eased somewhat,? he said. When news broke that Gambari was being sent to Sudan, Burma activists declared him a failure. ?He has no sort of success that he can show,? says Quigley of the U.S. Campaign for Burma. ?Things have gone from bad to worse during his tenure.? (Although some human rights groups were pushing for his removal, Gambari?s transfer may have had more to do with African politics; some observers speculate that Nigeria, which reportedly feels [11] its large troop presence in Sudan is underappreciated, was lobbying to have one of its own appointed envoy.) According to the Campaign for Burma UK [12], in the first two years of Gambari's mission, the number of political prisoners in Burma almost doubled and more than 130,000 people were forced from their homes in an "ethnic cleansing campaign." And he was never able to start talks between the regime and the NLD. To be sure, the UN didn?t offer Gambari--or any previous envoy--the tools needed to implement a tougher Burma policy. Because of opposition from Russia and China, the Security Council has never taken formal action against the country, and the secretary general reportedly backs a soft approach in dealing with the junta. But many Burma watchers agree that, even without UN teeth behind him, Gambari should have been a stronger public critic of the regime, instead of a na?ve optimist. He should have vigorously underscored the junta?s refusal to reform, as well as its human rights abuses, in his public statements and reports. He should have met with opposition groups other than the NLD. And he could even have told junta leaders that he wouldn?t visit if they remained uncooperative. ?He didn?t do that because of the seduction of access,? Mathieson says. Adds the UN insider, ?There?s a school of mediation that says you have to keep your foot in the door. He comes from that school. He?s not terribly confrontational.? (The UN did not respond to requests for an interview with Gambari.) Some activists say the next Burma envoy should be a well-known dignitary with an independent power base and no need to add a new line to a UN r?sum? (a former head of state or top general, for instance). Others say the envoy position should be eliminated; Campaign for Burma UK has called on ?UN Secretary General Ban Ki-moon to take the lead.? But activists agree that whoever takes charge of the mission should be the strong advocate for change that Gambari never was. ?I want to get an effective UN representative who is non-biased and well-prepared on Burmese issues,? Khim Maung Swe, an executive committee member of the NLD, told The Irrawaddy. [13] ?Moreover, he must dare to speak openly and bravely.? Gambari?s diplomatic career isn?t finished, and human rights activists are waiting to see if he?ll take a tough approach in Sudan, as the country prepares [14] for national elections and a referendum on southern secession. ?Everyone is hoping that he?ll surprise and be effective,? says Fowler of Save Darfur. After his work in Burma, don?t count on it. Seyward Darby is the assistant managing editor of The New Republic. ____________________________________ ____________________________________ INTERVIEW January 12, Irrawaddy The political reformer: U Thu Wai U Thu Wai, the chairman of the Rangoon-based Democratic Party, newly formed to participate in this year's election, talks about the military government, the election and his party's activities. The party was jointly formed in September 2009 with Daw Than Than Nu, Daw Cho Cho Kyaw Nyein and Daw Nay Yee Ba Swe, the daughters U Nu, U Kyaw Nyein and U Ba Swe, Burma's late prime ministers during the parliamentary era. U Thu Wai led the Democracy Party and stood for election in the 1990 general election. U Thu Wai at a press briefing on Sept. 14, 2009, announcing the formation of the Democratic Party. (Photo: AP) Question: Snr-Gen Than Shwe said "plans are underway to hold elections in a systematic way," and he urged the population to make the "correct choices" in his Independence Day message. Answer: It will be good if he does what he says. But for candidates who want to participate in the election, so far we can't do anything. There are no election laws and the political parties registration law hasn't been announced so we can't legally organize. These laws should be enacted immediately to ensure we have sufficient time to organize our activities. Q. Some analysts speculate the election could be postponed. What's your assessment? A. First, we have waited for the election law since July or August of last year. The latest rumor said the law will be announced in March, on Resistance Day (Armed Forces day), and the election will be held in November. I think under the circumstances, it can't be postponed. I don't know what the difficulties or considerations are on their side. When we see the election law, we can believe the election will be held. Q. What has your future party been doing? A. What I can say is that we just formed a political party. Even though we are not allowed to organize, we formed our party. And we have been forming executive committees and branches of women and youth in different towns and divisions. We work among ourselves as much as we can, but discreetly. We can't organize big meetings or mass rallies. We extend our networks through our personal friends and contacts. Q. What is your relationship with the authorities? A. I think we are under their nose. And I think some agents follow us and report back to higher officers. Sometimes, they come and question us. What are we doing now? We are acting carefully and legally because they are watching our activities. Q. What have you been doing since you announced that you will form a political party? A. We don't want to over play our hand. I think we are allowed some low-key activities, because we have said publicly that we will take part in the election. We go on outreach trips to different townships, but not on a large scale. We try to bring four or five people to a meeting. We have been doing things like this for two or three months. People are concerned about their safety and security. They are struggling to make ends meet. But there is interest. For instance, in the recent NLD gatherings, almost twice the number of people took part than in previous events. It seems that more people are interested in politics. On our outreach trips, we can explain our reasons for taking certain positions. But many people still want to wait until the election law is passed, because they are afraid of harassment. They want to do something relating to politics, but they don't want to take unnecessary risks without any apparent reason. There are many people who agree with us, and they are willing to cooperate with us, but they ask us to wait until the election law is announced. With the authorities, we have no formal relations, just some agents coming and inquiring for information. Once, me and Amyotharye U Win Naing were summoned by authorities, and they warned us that we must have prior permission for a gathering of more than five people. During that time, I was asked to sign an agreement. Q. What was behind you decision to form a party and participate in the election? A. First, our country's situation is deteriorating, and we want to help fix the problems we have. Just talking from outside isn't very effective, and demonstrations aren't very effective. We think we can compete in the election and some of our people will be elected. We can work on reform from within the parliament. This is the first point. Second, our assumption is there are a lot of people in our country who have never voted in their lives. Some were around 17 years old during the last election. Now they they are nearing their 40s. The number of people may be half of the population. If our country's population is 56 million, these people number about 28 million. The election is decision-time for them, and they will want to use the new power that's in their hands. If there is an election, we assume the military government will eventually end, and there will be a civilian government. Then if we try hard, that civilian government could be a powerful democratic civilian government, if the government gets popular support. We could reach the path of democracy very quick. That's it. Q. Some analysts suggest the election and formation of a parliament will not lead to democracy, but just more military control of the system. A. There are differences of thought about the coming election, based on the 2008 Constitution. They say the Constitution is undemocratic, and of course, we can't accept that at all. Some people think there will be no change even after the election under this Constitution. I don't think like that. When I heard they are preparing for the election, I thought differently. This military government has tried their best. They also love the country. But the way they are going about things is wrong, their system is wrong, and it wastes a lot of time for the country. The country has been left far behind the rest of the world. The military government knows that. They worked, and they tried. But it wasn't successful. They also are not popular. They finally may be trying to make some reforms. The reform, as they see it, is to hold the election. Some say they will be in power even after election because of the Constitution they have written. I don't think so. I think they will withdraw, since they say they will hold an election and adopt the new Constitution. I don't think the army is moving forward, but rather it's in retreat. I see their reasoning from their point of view, as that of a good commander. For a good commander, a retreat of your forces must be in an orderly and systematic way. Now the junta is withdrawing, but they are withdrawing by taking a role under the Constitution. Our position is to work in this new environment and create an orderly civilian government.