BurmaNet News, January 12, 2010

[Editor]

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 résumé
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 naïve 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
résumé (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.

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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.