BurmaNet News, March 10, 2010

Editor editor at burmanet.org
Wed Mar 10 14:51:56 EST 2010


March 10, 2010, Issue #3913

QUOTE OF THE DAY
“According to consistent reports, the possibility exists that some of
these human rights violations may entail categories of crimes against
humanity or war crimes under the terms of the Statute of the International
Criminal Court
.UN institutions may consider the possibility to establish
a commission of inquiry with a specific fact finding mandate to address
the question of international crimes.” – Draft Progress Report of the
Special Rapporteur on the situation of human rights in Myanmar, Mr. Tomás
Ojea Quinta, to the Human Rights Council – March 5, 2010


INSIDE BURMA
New York Times: Myanmar bars democracy advocate from election
AP: Myanmar junta allows Suu Kyi's party to reopen branch offices
New Light of Myanmar: Myanmar citizens must be for Myanmar and not be a
stooge of any alien

BUSINESS / TRADE
DPA: Vietnam bank to open branch in Myanmar
Reuters: Western sanctions fuel rare strikes in Myanmar

HEALTH
IRIN: Myanmar: Abortion a leading cause of maternal death

INTERNATIONAL
AFP: Myanmar polls 'devoid of credibility': US

OPINION / OTHER
Amnesty International: Myanmar opposition must be free to fight elections
Irrawaddy: The election law: Not so free and fair – Aung Zaw
Mizzima News: Election commission law in English (Unofficial translation)

PRESS RELEASE
FIDH: Migrants in Thailand Facing Detention and Imminent Deportation



____________________________________
INSIDE BURMA

March 10, New York Times
Myanmar bars democracy advocate from election – Mark McDonald

Hong Kong — The ruling military junta in Myanmar announced a new election
law Wednesday that will prevent Daw Aung San Suu Kyi, the country’s
leading opposition figure, from participating in upcoming parliamentary
elections.

The new law, the Political Parties Registration Law, prohibits anyone
convicted of a crime from being a member of an official party. Mrs. Aung
San Suu Kyi, the 1991 Nobel Peace Prize laureate and the head of the
National League for Democracy, has been under detention or house arrest
for 14 of the past 20 years.

The law also could force Mrs. Aung San Suu Kyi out of her own party. The
National League for Democracy won a landslide victory in 1990 in the last
democratic election in Myanmar, formerly known as Burma, although the
junta ignored the results and has remained in power.

The Supreme Court two weeks ago dismissed an appeal of her latest
conviction, for breaching the terms of her house arrest by allowing an
uninvited American man to stay overnight at her lakeside home in central
Yangon.

The news of the election law, which also excludes religious officials and
civil servants from party membership, was announced in Myanmar’s state-run
media. The government said further election laws would be announced in
official newspapers in the coming days.

“We are concerned by the Burmese authorities’ unilateral decision to begin
releasing the elections laws without first engaging in substantive
dialogue with the democratic opposition and ethnic minority leaders,” the
American Embassy in Yangon said in a statement.

The embassy said Wednesday that the United States is “skeptical that the
elections planned for this year will be credible. Most opposition leaders
remain in jail, any dissent of the regime is repressed, and there is no
freedom of speech, association or of the press.”

The junta has pledged to hold parliamentary elections this year, although
a specific date has yet to be disclosed.

____________________________________

March 10, Associated Press
Myanmar junta allows Suu Kyi's party to reopen branch offices

Yangon – Myanmar's ruling junta on Wednesday issued permission for
detained pro-democracy icon Aung San Suu Kyi's party to reopen its branch
offices, a party spokesman said.

Suu Kyi's National League for Democracy has opened its 35 township branch
offices in Yangon, according to an official source.

"Authorities have reopened party branch offices in Yangon and in other
districts across the country this evening," the spokesman said.

The action by the junta followed its decision earlier Wednesday to
disqualify Suu Kyi from participating in upcoming national elections.

The new political parties registration law, announced in state-run
newspapers Wednesday, barred electoral participation by members of a
political party if they have been convicted in court.

The ruling military closed down all offices of Suu Kyi's NLD in May 2003,
following a deadly clash between her followers and the pro-junta mob in
central Myanmar.

The junta allowed the party's head office in Yangon to operate in April
2004. But it had continued to close other branch offices across the
country.

The NLD had been persistently calling for the reopening of its branch
offices in the past years while seeking an early release of Suu Kyi and
other political prisoners.

____________________________________

March 10, New Light of Myanmar
Myanmar citizens must be for Myanmar and not be a stooge of any alien

Nay Pyi Taw – Prime Minister General Thein Sein left Nay Pyi Taw yesterday
morning and arrived in Lashio of Shan State (North) later in the morning.

Accompanied by Chairman of Shan State (North) Peace and Development
Council Commander of North-East Command Maj-Gen Aung Than Htut, the Prime
Minister and party proceeded to Namhsan of Kyaukme District.

At Namhsan People’s Hospital (50-bed), the Prime Minister met departmental
personnel and members of social organizations of Namhsan after comforting
the patients.

Speaking on the occasion, the Prime Minister said that they were there to
inspect security, peace and stability and development of Shan State
(North) and fulfil the requirements.

Namhsan was a town with poor transport in the past. Therefore, the
government managed to ensure emergence of all-weather Namhsan-Hsipaw Road,
Namhsan-Kyaukme Road and Namhsan-Mantung Road. Likewise, the 50- bed
People’s Hospital is constructed for uplifting the health standard of the
local people, while efforts are being made for enhancement of education
standard, supply of electricity and improvement of telecommunication.

The Prime Minister stressed the need to effectively make use of sound
foundations for promotion of socioeconomic standard of the local people.
The Government, the people and the Tatmadaw are to join hands to safeguard
the development infrastructures for durability.

In carrying out development of Namhsan Townsahip, he urged the
administrative bodies and the local people to cooperate in undertaking
five rural development tasks with a view to improving the rural regions.
He noted that health staff are to make field trips to the grassroots level
to disseminate health knowledge about prevention against common diseases
to the rural people so as to uplift the public health standard.

It is necessary to integrate agriculture and livestock breeding business
for economic development, he said.

All-out efforts are to be made for carrying out livestock breeding works
on a commercial scale.

He explained that all the national people residing in the Union are to
forge the Union Spirit. In conclusion, the Prime Minister highlighted that
Myanmar citizens must be for Myanmar and a Myanmar must not be a stooge of
any alien nation or a Myanmar in disguise.

Minister for Agriculture and Irrigation Maj-Gen Htay Oo reported on
assistance to be provided for agriculture tasks.

Next, the Prime Minister presented clothes and medicines to townselders.

After inspecting the development of Namhsan and Zayangyi village in a
motorcade, the Prime Minister and party flew to Mongton in Kyaukme
District where they were welcomed by Col Maung Maung Hsan of the local
station, departmental officials and local people.

In meeting with departmental officials, members of social organizations
and local people at Shweli hall of BEHS in Mongton, Minister for
Construction and Electric Power No. 2 Maj-Gen Khin Maung Myint reported to
the Prime Minister on arrangements being made for supply of electricity in
Shan State (North) including Mongton and tasks for upgrading Mongton-Namtu
and Mongton- Namhsan roads into all-weather facilities.

The Prime Minister made an address and presented clothes and medicines to
townselders.

At township People’s Hospital, the Prime Minister met the medical
superintendent, doctors and nurses and attended to the needs.

On his arrival at Namtu in Kyaukme District, the Prime Minister met
departmental officials, members of social organizations and local people
at No (1) Guest House of Win Myintmoh Industries Co.,Ltd in Namtu.

After hearing a report on food sufficiency in the region through highland
farming and assistances to be provided for highland farming presented by
Minister Maj-Gen Htay Oo, the Prime Minister presented clothes and
medicines to townselders.

Next, the Prime Minister left Namtu and arrived back Lashio in the evening.

In meeting with department departmental officials, members of social
organizations and local people in Mantung and Namtu Townships, the Prime
Minister stressed the need for making continuous efforts to ensure the
rule of law in Mantung and Namtu after restoring security and peace and
stability.

Regional development undertakings can be carried out only if there is
peace and stability.

The government on its part has been laying down and implementing projects
for the development of rural and border areas for harmonious progress of
the whole country.

It has already established a transport network the foundation for
progress. At the same time it is opening more and more basic education
schools and institutions of higher learning. It also is opening one arts
and science university, one university of computer studies and one
technological university in each of the 24 development regions.

In order to uplift the health sector, it is extending the number of
hospitals and dispensaries and upgrading the existing ones providing
doctors and other health staff all health facilities.

The nationalities of the Union should foster Union Spirit which is the
true patriotism. Parents and teachers should cooperatively strive for all
school age children to attend classes till completion of their education.
The Prime Minister spoke of the need to provide effective health care for
the people to enjoy disease-free life and longevity, to implement the
fiveyear five-acre highland farm and five-acre tea farm project for
farmers to enjoy economic prosperity till posterity. The government, the
people and the Tatmadaw will have to harmoniously strive with added
momentum for regional peace and stability and progress. – MNA

____________________________________
BUSINESS / TRADE

March 10, Deustche Presse-Agentur
Vietnam bank to open branch in Myanmar

Hanoi – The Bank for Investment and Development of Vietnam has received
state approval to open a branch in Myanmar, local media reported
Wednesday.

The Voice of Vietnam's website reported the bank had been given the
go-ahead to open a branch in Yangon, Myanmar's largest city, by Vietnam's
State Bank Tuesday.

The country has been broadening its trade ties with Myanmar in recent months.

The agriculture newspaper Nong Nghiep reported Tuesday that Vietnam is to
grow 200,000 hectares of rubber trees on plantations in Myanmar. The
agreement was reportedly sealed when Agriculture Minister Cao Duc Phat
visited Myanmar last week.

In February, Vietnam Airlines started direct flights between Hanoi and
Yangon. That followed a visit by Deputy Foreign Minister Doan Xuan Huong
to Myanmar in January, during which he pledged to increase commercial
ties.

Bilateral trade between the two countries reached 60 million dollars in
the first nine months of 2009.

____________________________________

March 10, Reuters
Western sanctions fuel rare strikes in Myanmar – Aung Hla Tun

Yangon – Western sanctions that have decimated Myanmar's once-thriving
garment sector have led to a rare spate of strikes that have unnerved its
military rulers, fearful of civil unrest in the run-up to long-awaited
elections.

Four South Korean-owned factories were brought to a halt for several days
last week and another on Monday by sit-in protests by more than 3,000
workers demanding better working conditions and higher pay, demands owners
say they cannot meet.

They were among 20 garment factories in the commercial capital, Yangon,
that have suffered strikes since Feb. 8.

"We are doing our best to help the workers and management negotiate and
reach an agreement," a senior Labour Ministry official told Reuters.

"The security measures imposed around the factories are not meant to
suppress the strikes but just to contain them so that there will not be
any infiltration from outside and the strike will not grow into civil
unrest," he added.

Strikes and other forms of protests are rare in Myanmar, where small
demonstrations over increases in fuel and cooking gas prices in 2007
mushroomed into countrywide marches by Buddhist monks, sparking a
crackdown in which at least 31 people died.

Analysts and diplomats say the government appears to be especially
sensitive to the risk of unrest with elections scheduled for this year
under the a seven-step "roadmap to democracy" drawn up by the junta.

The workers say their aims are not political.

"Our strike was nothing to do with democracy or elections," said factory
worker Khin Kyaw. "None of us wants our factories to close down. If that
happens, we workers and our families would be hit worse than our
employers."

CRIPPLING SANCTIONS

Myanmar's garment industry has shrunk by an estimated 75 percent since
sanctions were imposed in 2001 by the United States, the sector's biggest
market and the main source of the $816 million in revenue generated that
year.

Trade embargoes led to a sharp fall in the years that followed and the
latest figure, for fiscal 2008/09 (April-March), was $292 million.

Many Western governments admit sanctions, imposed because of Myanmar's
poor human rights record, have had only a limited impact on the rich
ruling generals. Meanwhile, many ordinary citizens are struggling to make
ends meet.

The Labour Ministry estimates Myanmar had 400 garment factories employing
300,000 workers in 2000, now down to 120 factories and with a combined
total of 60,000 staff.

There is little hope of business picking up, with increased competition
from Bangladesh, Cambodia, Vietnam and Thailand, which are less
bureaucratic and offer low costs and cheap labour.

Those countries are also entitled to the European Union's Generalised
System of Preferences (GSP), reduced trade tariffs not available to
Myanmar because of sanctions on the regime.

"The shrinking market has hit us a lot. To make matters worse, we are not
entitled to GSP ... which can make your profit rise by 11 percent to 17
percent," Myint Soe, chairman of Myanmar's Garment Entrepreneurs
Association, told Reuters.

Monthly salaries of Myanmar garment workers range from 35,000 to 45,000
kyat (about $35 to $45) compared with the $65 monthly minimum wage of
their Vietnamese counterparts.

Along with hundreds of riot police, the government has dispatched Labour
Ministry officials to help negotiate an end to the recent strikes, but
factory owners say they have little room to manoeuvre and fear the worst.

"If they can agree an increase of 5,000 kyat, it's okay, we can adjust
it," said one owner, who asked not to be identified. "But if they demand
more than that, we won't break even and our last resort will be to close
the factory."

(Writing by Martin Petty; Editing by Alan Raybould and Alex Richardson)

____________________________________
HEALTH

March 10, IRIN (UN Office for the Coordination of Humanitarian Affairs)
MYANMAR: Abortion a leading cause of maternal death

Yangon – In Myanmar, where abortions are illegal, complications arising
from unsafe terminations are the third leading cause of maternal deaths
after post-partum haemorrhage and eclampsia, according to the government's
2006-2011 National Health Plan.

The latest survey by the UN Children's Fund (UNICEF) and the Department of
Health in 2005 shows that Myanmar's maternal mortality ratio (MMR) is
persistently high at 316 per 100,000 live births. Nearly 10 percent of all
maternal deaths are abortion-related.

Pansy Tun Thein, assistant representative of the UN Population Fund
(UNFPA) in Myanmar, said the government recognised that abortion-related
deaths were one of the leading causes of maternal mortality.

"The government is currently promoting the reduction of maternal
mortality. It's high on their agenda and abortion is one of the issues
being addressed through improved quality services for maternal health,"
she told IRIN.

The government's 2006-2011 National Health Plan lists addressing abortion
as a priority.

While data remains grim, there have been gains over the past two decades,
when unsafe abortions were considered the leading cause of maternal
mortality, according to the World Health Organization.

As part of efforts to address reproductive health issues, the government
is undertaking several activities, including research and advocacy, and
has made birth spacing methods publicly available since 1991.

One initiative is a reproductive health information telephone hotline set
up last year in the Department of Medical Research.

Ko Ko Zaw, research scientist for the project, said birth spacing was the
second most asked about topic after infertility. He said 20 percent of
callers were between the ages of 15-24, who mostly asked about birth
spacing.

"It is good if we can provide information which can prevent the problem of
unwanted pregnancy, because it's important in reducing MMR," he told IRIN.

Contraceptive use growing

In Myanmar, there is almost universal knowledge of at least one modern
method of contraception, although usage varies widely according to where
women live and their level of education.

The 2007 Fertility and Reproductive Health Survey (FRHS), released in
October 2009 and conducted by the Department of Population and UN
Population Fund (UNFPA), found increased use of contraception among
married women, although figures were still relatively low.

Single women were not included in the survey questions on contraception
use, since pre-marital sex is discouraged and considered a sensitive
issue.

The survey found the proportion of married women who use modern
contraceptive methods increased from 32 percent in 2001 to 38.4 percent in
2007. In urban areas, 49 percent of married women use modern
contraception, compared with only 34 percent of rural women. Modern
contraceptives such as the birth control pill are also more widely
available and easier to access in urban areas. About 70 percent of the
country's population of about 57.5 million is rural.

The survey also found that 17.7 percent of married women had an unmet need
for contraception for either preventing or spacing births.

____________________________________
INTERNATIONAL

March 10, Agence France Presse
Myanmar polls 'devoid of credibility': US

Washington — The United States hit out Wednesday at Myanmar's military
junta for excluding political prisoners from taking part in upcoming
elections, saying the polls were now "devoid of credibility."

Under the new election laws unveiled Wednesday, Myanmar opposition icon
Aung San Suu Kyi faces exclusion from her own party and is barred from
standing in the polls later this year.

"The political party registration law makes a mockery of the democratic
process and ensures the upcoming election will be devoid of credibility,"
State Department spokesman Philip Crowley told reporters.

"We are deeply disappointed with the political party law which excludes
all of Burma's (Myanmar's) 2,000 political prisoners from political
participation," Crowley said. "This is step in the wrong direction."

Crowley said that President Barack Obama's administration still intended
to pursue its new policy of political engagement with the regime in
Myanmar, but was pessimistic about its chances of success.

"If Burma is to advance, it is going to have to change its political
process, make it more inclusive," he said, but added it "doesn't appear
that Burma is prepared right now to open up its political process."

On a visit to Malaysia, US envoy Kurt Campbell said: "I think it would be
fair to say what we have seen so far is disappointing and regrettable."

Campbell reiterated calls for the release of Suu Kyi, who has been
detained for 14 of the last 20 years, ever since the military junta
annulled 1990 elections which her National League for Democracy (NLD) won
in a landslide.

The NLD has yet to announce whether it will take part in the polls
promised by the junta, which are expected in October or November although
the government has still not set a date.

Critics have dismissed the polls as a sham aimed at legitimizing the
military's nearly five-decade grip on power and giving the appearance of
democratic reform in the face of international sanctions.

Suu Kyi was already barred from standing as a candidate under a new
constitution approved in a 2008 referendum that stipulates that those
married to foreigners are ineligible. Her husband, British academic
Michael Aris, died in 1999.

____________________________________
OPINION / OTHER

March 10, Amnesty International
Myanmar opposition must be free to fight elections

Amnesty International has urged Myanmar to overturn a new law that bars
all political prisoners, including detained Nobel Peace-prize winner Aung
San Suu Kyi, from belonging to a political party before upcoming national
elections.

"There are at least 2,200 political prisoners in Myanmar, most of whom are
in prison simply because they tried to exercise their rights peacefully,"
said Benjamin Zawacki, Amnesty International's Myanmar researcher

"Instead of passing laws that strip away more of their rights, the Myanmar
authorities should immediately release all political prisoners, including
Aung San Suu Kyi, and remove restrictions on their political activity."

Aung San Suu Kyi was already blocked from running in the elections by the
2008 constitution, which ruled that marriage to a foreign national would
exclude candidates from running.

"Amnesty International is greatly concerned that activists are going to
come under increased repression in the lead up to the elections," said
Benjamin Zawacki. "The Myanmar authorities seem determined to stamp out
any political challenge to their rule."

In a recent report, Repression of ethnic minority activists in Myanmar,
Amnesty International documented the government's systematic efforts to
silence activists from the country’s large ethnic minority population. The
report warned the election may lead to an even harder crackdown against
activists.

____________________________________

March 10, Irrawaddy
The election law: Not so free and fair – Aung Zaw

Burma's long awaited election law has been published in state controlled
newspapers but failed to create much excitement. Unsurprisingly, no date
for the election was set, although the regime has promised to hold it
sometime this year.

As anticipated, the election law will prevent the main opposition party
and winner of the 1990 election, the National League for Democracy (NLD),
and its leader, Aung San Suu Kyi, from participating in the election. It's
also feared that the party registration law set a deadline for the NLD
leaders, who haven’t yet decided whether to take part and are still urging
the regime to agree to a review of the Constitution.

The law excludes electoral participation by members of a political party
if they have been convicted in court. Suu Kyi is classed as a “a convicted
criminal” for breaching her house arrest after American swimmer John
Yettaw briefly stayed at her lakeside house last year.

However, knowing that she will be prevented from taking part in the
election or from playing a role in future politics in Burma, Suu Kyi
recently told her lawyers that the election won't be free and fair, since
there is no freedom of information in the country.

A number of dissidents inside and outside Burma have dismissed the
election from the start and are urging a boycott of the polls.

The NLD's delay in reaching a decision is perhaps a wise move, but the
clock is ticking and there's no more room for bargaining. It has 60 days
from the enactment of the regime's election law in which to decide whether
or not to accept the terms of the party registration laws set by the
regime.

If it fails to apply for registration within that time the NLD will
automatically cease to exist as a legal entity.

State-run newspapers also carried details of the Union Election Commission
Law under which the regime would select members of the election commission
to supervise polling and the political parties. The regime will appoint as
members of the election commission “persons which it views as
distinguished and reputable.”

No matter how “distinguished” and “reputable” they are, the selection
process will have little credibility and integrity since the regime will
handpick commission members. The five-member commission will have the
final say over the country's first election in two decades, with
responsibility for designating constituencies, compiling voter lists and
“supervising political parties to perform in accordance with the law.”

Suu Kyi’s participation in the election is now out of the question. Even
if the election law had not effectively excluded her, she is unlikely to
be free when the election is held. Burma's Home Affairs Minister recently
said that the Nobel Peace Laureate could be freed in November—one month
after the October date being tipped for the election.

UN Secretary-General Ban Ki-moon has urged the regime to free all
political prisoners, including Suu Kyi, to enable them to participate in
the election. “That would make the elections inclusive and credible,” he
said in New York.

But Ban's appeal falls on deaf ears in Naypyidaw. “If God himself came
down and pleaded with the generals they wouldn't heed him either,” joke
many Burmese.

The US has expressed its concern and doubts about the election: “We are
concerned by the Burmese authorities’ unilateral decision to begin
releasing the election laws without first engaging in substantive dialogue
with the democratic opposition or ethnic minority leaders,” said US
Assistant Secretary of State for Public Affairs P. J. Crowley.

While the election uncertainty continues, tension increases in the far
north, along the Sino-Burmese border, where another deadline has passed
for armed ceasefire groups to join the controversial Border Guard Force
(BGF).

Government forces have tightened security along the Sino-Burmese trade
routes following expiry of the deadline on Sunday.

Reporters for The Irrawaddy who traveled to the border region saw evidence
of increased military security along the road connecting Lashio and Muse
in northern Shan State. The military command has also reportedly ordered
tanks and other armor to the Kachin State capital, Myitkyina.

For nearly one year, the regime has been pressing ethnic armed groups to
turn their armies into a border guard force, the BGF, under government
command.

So far, only the New Democratic Army—Kachin and one Karenni group have
indicated their readiness to comply.

Other groups, including the United Wa State Army (UWSA) and the Kachin
Independence Army (KIA), oppose the BGF proposal but are engaged in
negotiations with the regime.

It will be interesting to see how a government now engaged in election
preparations handles the standoff over its BGF proposal. It's feared that
fighting could break out again in the north or that the regime might
employ divide and rule tactics to create splits within ethnic armies.

The regime has no shortage of options—including outlawing the largest
ethnic armed group, the United Wa State Army (UWSA) and its political wing
the United Wa State Party (UWSP), if they fail soon to agree to the BGF
plan.

Like Suu Kyi and many other prominent political leaders and activists who
have spent time in prison, the ethnic groups have little say in the
planned election. For that reason alone, the election will be far from
free, fair and inclusive.

Aung Zaw is founder and editor of the Irrawaddy magazine. He can be
reached at aungzaw at irrawaddy.org.

____________________________________

March 9, Mizzima News
Election commission law in English (Unofficial translation)

The following is the unofficial translation of the Election Commission Law
by the Burmese regime dated 8 March 2010. Though the junta published the
election commission law in Burmese in state-run newspapers, no English
version has been published so far. Mizzima translates it.

Union Election Commission Law
(State Peace and Development Council Law No. 1/2010)
9th Waning Day of Tabaung, 1371 ME)
(8 March 2010)

Preamble

State Peace and Development Council, as provided in Article 443 of
Constitution of the Republic of the Union of Myanmar, hereby enacts the
following Law, to form the Union Election Commission, for supervising
political parties, and supervising people in exercising their right to
stand for election and exercising their franchise.

Chapter 1

Title and Definition


1. This Law shall be called ‘Union Election Commission Law’.
2. The following expressions in this Law shall have the following meanings.

a. Hluttaw means
2. Pyithu Hluttaw (Lower House)
3. Amyotha Hluttaw (Upper House)
b. Region Hluttaw or the State Hluttaw (Assemblies in States and
Self-administered regions)

2. Hluttaw Representatives (Member of Parliament) mean Representatives
elected to a Hluttaw and Representatives being the Defence Services
personnel nominated by Commander-in-Chief of Defence Services.

c. Election means Phithu Hluttaw election, Amyotha Hluttaw election and
Region Hluttaw or State Hluttaw elections.
d. Constituency means the constituencies for Pyithu Hluttaw constituency,
Amyotha Hluttaw constituency and Region Hluttaw or State Hluttaw
constituency stipulated and prescribed by Election Commission as provided
by the Law.
e. Voters’ List means the list of eligible voters compiled and prepared
for each constituency.
f. Commission means Union Election Commission formed as provided by this
Law to supervise elections and to supervise political parties.
g. Different levels of Commission means as follows:

2. Naypyitaw Sub-commission

2. Region or State Sub-commission
3. Self-administered Division or Self-administered Zone Sub-commission
4. District Sub-commission
5. Township Sub-commission
6. Ward or Village-tract Sub-commission

h. Political Party means the political organization formed in accordance
with the Political Parties Registration Law.

i. Electoral Court means the body formed in accordance with this Law to
hear the objection made to electing and appointing of the Leading Bodies
of Self-Administered Areas and objection made to electoral disputes.

Chapter 2

Formation


3. State Peace and Development Council shall form the ‘Union Election
Commission’ to supervise the conducting of First Hluttaws Elections and to
supervise the political parties.
4. The Chairman and members of Election Commission shall be

a. Persons who have attained age of 50 years.

b. The persons to whom State Peace and Development Council deems to having
a good reputation among the people.
c. The persons having dignity, integrity and are well-experienced.
d. Having loyalty to State and its citizens.
e. Non-member of any political party
f. Drawing no salaries, allowances, perks and persons who are not holding
any office.

5. If the Chairman of Commission or member of commission wants to resign
from their posts voluntarily, they can resign from their posts by
tendering their resignation letter(s) to State Peace and Development
Council.

6. If a post of Chairman or member of Commission is vacant due to
voluntary resignation, or cease to be member of Commission or any other
cause, the State Peace and Development Council may appoint new member(s)
to the vacant post(s). The term of the newly appointed Election Commission
Chairman or member of said Election Commission shall be the remaining term
of said Election Commission.
7. The term of Election Commission will expire on the date the President
of Republic of the Union of Myanmar has formed a Commission in accordance
with the ‘Constitution of the Republic of the Union of Myanmar’.

Chapter 3

Duties and Powers


8. The Duties and Powers of Commission are as follows:

a. Holding Hluttaw Elections

b. Supervising and order to supervise said Elections
c. Forming, order to form, supervising and order to supervise different
levels of Sub-commissions
d. Prescribing and re-delineation of constituencies
e. Compiling voters’ list, order to compile voters’ list, Preparing
voters’ list, order to prepare voters’ list
f. Postponing and cancellation of holding elections in constituencies due
to natural calamities or security reasons which may hamper the holding of
free and fair elections in said constituencies
g. Issuing certificate recognizing as being elected as a member of Hluttaw
(to each elected person)
h. Forming Electoral Courts in accordance with the Law to hear the
electoral disputes
i. Forming Electoral Courts to hear the objection made under the Article
276, Sub-article (h) of Constitution (of Union of Myanmar), against
appointing of a person in the Leading Bodies of Self-Administered Division
or Self-Administered Area
j. Appropriation and allocation of funds for the different levels of
Commission and supervising and order to supervise the expenditure of these
funds
k. Supervising, order to supervise and guiding the political parties to
conduct their businesses in accordance with the law.
l. Performing any other function assigned by any other Law

9. The decisions and proceedings taken by Commission shall be final for
the following matters:

a. Businesses regarding the Elections
b. Appeal cases and Revision cases against decision and orders handed down
by the Electoral Courts
c. Businesses performed as provided by the Political Parties Registration Law

Chapter 4

General Provisions


10. All the expenses of Commission and different levels of Commission and
expenses on holding election shall be borne by State Fund (Union Budget)
11. Commission may ask for necessary assistance(s) from the (government)
department concerned, organization and personages in order to hold the
elections successfully
12. The Commission and different levels of Commission formed under this
Law shall succeed all the proceedings and businesses which are in progress
or in pending of the Multi-Party Democracy General Election Commission
13. The Commission may make and issue necessary rules, procedures,
notification, order and directive to perform the duties of implementing
the provisions of this Law
14. Multi-Party Democracy General Election Commission Law (State Law and
Order Restoration Council Law No. 1/88) is repealed and overruled by this
Law.

N.B. Unofficial translation

____________________________________
PRESS RELEASE

March 10, International Federation for Human Rights
Migrants in Thailand Facing Detention and Imminent Deportation

Paris-Bangkok – The International Federation for Human Rights (FIDH)
expresses its deep concern regarding recent reports of detention and
forced deportation of a large number of migrant workers, especially along
the Thai-Burma border.

According to information received, there has been a sudden increase in the
arrest, detention and deportation of Burmese migrant workers since March 5
in the Thai-Burma border town of Mae Sot.

In January 2010, the Thai Cabinet adopted a resolution allowing for a
2-year extension of migrant work permits provided migrants participate in
the process of Nationality Verification, requiring them to submit
biographical information to their home government before February 28 or
face deportation. The scheme does not apply to irregular migrants. This
resolution affects the safety and livelihood of over 1.3 million migrants
who hold work permits and places a million others, who are undocumented,
under threat of immediate deportation.

Many registered Burmese migrants are unable or unwilling to submit
biographical information to the Burmese authorities because they fear for
their own safety and that of their family members in Burma. In addition,
the period is too short and the procedures too complex for migrants to
comply. Even for those who may wish to avail themselves to this process,
the cost of traveling back to Burma may be prohibitive for most migrants
who earn meager wages.

FIDH believes that such drastic measures are not conducive to the
objective of facilitating opportunities for migrant workers to work
legally. FIDH is concerned that on the contrary, such measures risk
driving more migrant workers underground, making them even more vulnerable
to exploitation by employers. In addition, such deportations may in some
cases violate the principle of non-refoulement.

FIDH notes with disappointment that the Thai authorities have not
responded to calls of restraint by the United Nations Special Rapporteur
on the Human Rights of Migrants, who expressed his concern that “the
scheme is only applicable to regular migrants who submit registration
before February 28 and does not include irregular migrants,” and that it
“does not offer options for protecting the human rights of migrants who
have not or will not avail themselves of this process.”

FIDH calls on the Royal Thai Government to suspend immediately the
application of the resolution, to cease all acts or threats of detention
and deportation and formulate a rights-based policy to address the
on-going plight of undocumented migrant workers in Thailand. FIDH also
urges the Thai government to ratify the International Convention on the
Protection of the Rights of all Migrant Workers and Members of their
Families which provides a framework for developing such policies in ways
which ensure respect of human rights.

“We urge the government to reform the process with a view to developing a
more realistic, reasonable time frame, as well as less burdensome
procedures, and to assisting migrants to fully understand, gain
confidence, and participate in the process without putting them at risks
of human rights violations either in Thailand or in their country of
origin,” said Souhayr Belhassen, President of FIDH.







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