BurmaNet News, March 23, 2010

[Editor]

March 23, 2010, Issue #3922


INSIDE BURMA
BBC News: Suu Kyi 'opposes election role for her party'
AP: Opposition to sue Myanmar junta over election laws
Irrawaddy: Supreme Court rejects NLD lawsuit

ON THE BORDER
Kaladan Press: Dhaka seeks Beijing’s assistance to solve Rohingya problem

INTERNATIONAL
Irrawaddy: Dissident groups call for UN Security Council Burma session

OPINION / OTHER
Los Angeles Times: A sliver of progress in Myanmar – Editorial

INTERVIEW
Irrawaddy: Deeply disappointed




____________________________________
INSIDE BURMA

March 23, BBC News
Suu Kyi 'opposes election role for her party'

Burma's detained pro-democracy leader Aung San Suu Kyi opposes her party
registering for forthcoming elections, her lawyer has said.

Nyan Win said Ms Suu Kyi told him the National League for Democracy (NLD)
should "not even think" of taking part under what she called unjust laws.

Burma's leaders say they will hold the first polls in two decades this year.

They recently enacted election laws which prevent key figures - including
Ms Suu Kyi - from taking part.

The laws have been widely criticised. The US called them a setback for
political dialogue in the country.

The NLD is due to meet on 29 March to decide whether to participate in the
polls - for which no date has yet been set.

Leaders excluded

The NLD won the last elections in 1990 but was never allowed to take
power. Ms Suu Kyi has spent much of the past two decades in some form of
detention.

According to Nyan Win, Ms Suu Kyi said that she would allow the NLD to
make its own decision despite her opposition.

"She will never accept registration under unjust laws, but her personal
opinion is not to give orders nor instructions to the NLD," the lawyer
quoted her as saying.

The laws, published earlier this month, state that parties cannot have any
members with criminal convictions. This rules out many of the NLD's top
leaders - including Ms Suu Kyi - who have been jailed on political
charges.

If the NLD does choose to register for the polls, it must exclude its
highest-profile personnel.

The laws also ban members of religious orders and civil servants from
joining political parties. Buddhist monks were the driving forces behind
anti-junta protests in 2007.

____________________________________

March 23, Associated Press
Opposition to sue Myanmar junta over election laws

Yangon, Myanmar — Myanmar's highest court Tuesday refused to accept a
lawsuit by Aung San Suu Kyi's political party seeking to revoke laws that
bar the detained leader and other opposition members from taking part in
the country's first election in two decades.

Lawyer Kyi Win said the Supreme Court refused to accept the lawsuit,
saying it did not have power to handle such a case.

It was unclear what steps if any the party would next take in its efforts
to quash five election-related laws the ruling military enacted earlier
this month that set out rules for this year's vote.

One law prohibits anyone convicted of a crime from being a member of a
political party and instructs parties to expel convicted members or face
de-registration.

The lawsuit was largely symbolic since Myanmar's courts invariably adhere
to the junta's policies, especially on political matters.

The National League for Democracy's general secretary and one of its
founders, Suu Kyi was convicted last year on charges of violating her
house arrest when an American man swam uninvited to her lakeside property.
She is serving an 18-month term of house arrest and many top members of
her party and ethnic-based parties are in prison. Under the new laws they
would be barred from the vote.

"We are taking the legal step against the electoral laws as they are
unfair and the laws are a violation of human rights, personal rights and
organizational rights," said Nyan Win, a party spokesman, before the
attempted lodging of the lawsuit against the ruling State Peace and
Development Council.

The polls will be the first since 1990, when Suu Kyi's party won a
landslide victory. The junta ignored the results of that vote and has kept
the Nobel Peace laureate jailed or under detention for 14 of the past 20
years.

The junta says the new laws have formally invalidated the results of the
1990 election because the election law under which those polls were held
was repealed by the new legislation.
The elections are part of the junta's long-announced "roadmap to
democracy," which critics deride as a sham designed to cement the
military's power.

No vote date has been set and the NLD has not decided whether it will take
part. The party will decide Friday whether to officially register, the
first step toward participating in the elections.

The party has also written a letter to junta leader Senior Gen. Than Shwe
asking its leaders be allowed to have a meeting with Suu Kyi to discuss
future policies.
____________________________________

March 23, Irrawaddy
Supreme Court rejects NLD lawsuit – Saw Yan Naing

The supreme court in Rangoon on Tuesday rejected a lawsuit against
military junta chief Snr-Gen Than Shwe filed by Burma's main opposition
party, the National League for Democracy (NLD), according to a statement
released by the NLD.

Three NLD leaders––Nyan Win, Tin Oo and Aung Shwe ––had earlier on Tuesday
filed the lawsuit, an attempt to sue the chairman of the State Peace and
Development Council by NLD Chairman Aung Shwe.

However, an official at the supreme court reportedly told the NLD leaders
that the court does not have the power to handle the case, and returned
the documents at 12:30 p.m.

The statement claimed that the election laws are unfair and one-sided. The
NLD pointed to an election law that prohibits its leader, Nobel Peace
Prize laureate Aung San Suu Kyi, from participating in the general
election as she is currently under house arrest.

The statement said that the law violates the right of political parties
and is counter to the spirit of a democratic system.

One of the five election-related laws released on March 8 prohibits anyone
convicted of a crime or serving a sentence from being a member of a
political party, and instructs parties to expel convicted members or face
de-registration.

NLD spokesman Khin Maung Swe said the election laws released by the
military regime on March 8 are unfair and that the party was calling for a
review and amendment of the laws.

“We didn't expect much from the court,” he said. “But we want everyone to
know that our party does not accept unjust election laws.”

Nyan Win told The Irrawaddy that Suu Kyi said that forcing any political
detainees out of their parties and banning them from voting because of
their imprisonment is a double punishment.

Nobel Peace Prize laureate Suu Kyi has been in detention for 14 of the
past 20 years.

The NLD has written a letter to junta chief Snr-Gen Than Shwe requesting
permission for its leaders to meet with Suu Kyi to discuss future
policies.

____________________________________
ON THE BORDER

March 23, Kaladan Press
Dhaka seeks Beijing’s assistance to solve Rohingya problem

Chittagong, Bangladesh: Bangladesh has requested China and sought its
cooperation to impress upon Burmese authorities to quickly take back the
Arakanese Rohingya refugees living in camps under Cox's Bazar district,
according to United News of Bangladesh (UNB).

Foreign Minister Dipu Moni made the request during bilateral meeting with
her Chinese counterpart in Beijing.

The FM only talked about 28,000 registered Arakanese Rohingya refugees who
are staying in two camps (Nayapara and Kutupalong) in Cox's Bazar while
another around 400,000 unregistered Arakanese Rohingyas live in border
areas, sources said.

"This has created a huge burden on us," she said while addressing a press
briefing on the Prime Minister’s state visit to China.

On other hand, Food Minister Dr Abdur Razzaque said on March 18, a section
of foreign media are publishing wrong stories about Rohingya refugees in
Bangladesh such as using objectionable words like crackdown, although any
such incident has never ever occurred while he met UNHCR representative,
Craig Sanders, in Dhaka at his office.

The UNHCR representative agreed that foreign media reports about Rohingyas
in Bangladesh are not correct, and appreciated the government management
and services at refugee camps in Cox's Bazar.

The minister said that the authorities were trying to identify the NGOs
involved in such activities. “We have asked the NGO Bureau to investigate
the matter and take action.”

He also asked the UNHCR should take immediate action to solve the Rohingya
problem as Bangladesh has not been carrying this burden for a long time.

“International agencies, including UNHCR, are creating pressure on the
government for registering more Rohingyas living outside the camps. We,
being a poor nation cannot give shelter to so many refugees and therefore
want their repatriation to their homeland,” Razzaque said after a meeting
with UNHCR Bangladesh representative Craig Sanders at the secretariat.

Replying to Sanders' request to register the unregistered Rohingyas,
Razzaque said any initiative to register them encourages them to enter
Bangladesh, as they think international organizations will help them or
resettle them in some developed countries.

During the Prime Minister of Bangladesh including Foreign Minister Dipu
Moni’s visit to China, they talked about building a deep seaport; to boost
trade and investment between their respective countries and the
Kunming-Chittagong road and rail links through Burma including raising the
Rohingya problem, according to sources.

China gave a very positive and encouraging response to Bangladesh's
proposals on building a deep seaport and the Kunming-Chittagong road and
rail links through Burma, Foreign Minister Dipu Moni said.

She also said if the deep seaport is built, China will also get benefit
out of it and the cost of Chinese products would be less because of
smaller distance.

On removing the trade gap, the Foreign Minister said the matter was
discussed during the official meeting when the Chinese side expressed
willingness to provide duty-free access to more Bangladeshi products and
increase in the volume of import from Bangladesh.

____________________________________
INTERNATIONAL

March 23, Irrawaddy
Dissident groups call for UN Security Council Burma session – Kyaw Thein Kha

More than 150 Burmese dissident groups, local and in exile, called on the
United Nations Security Council on Tuesday to hold an “urgent discussion”
on Burma and appealed to China not to use its veto.

A three-page statement was sent to the UN Security Council and Chinese
embassies around the world, appealing for support for the people of Burma.

“The UN Security Council needs to take action on the Burmese military
government,” said Myo Thein, director of the Burma Democratic Concern, one
of the groups signing the appeal. “We call on the UNSC for an urgent
discussion about Burma and on China to support the UNSC's decision and not
to use its veto.”

Other groups joining the appeal include the Canadian Campaign for Free
Burma, Free Burma Federation, Democratic Federation of Burma, All Burma
Students League, Burma Political Prisoners Union, Denmark's Aktiongruppe
for Demokratii Burma and the Burma Democratic Concern.

UN Secretary-General Ban Ki-moon will convene a meeting of the Group of
Friends of Burma on March 25.

The Group of Friends of Burma was formed in December 2007 and comprises
representatives of Australia, Britain, China, France, India, Indonesia,
Japan, Norway, Russia, Singapore, Thailand, the US and Vietnam, as well as
the country holding the presidency of the European Union.

“We strongly support the meeting with the Friends of Burma,” said Myo
Thein. “But it's not enough for solving the problems of Burma. The
problems of Burma should be solved at UN Security Council level.

____________________________________
OPINION / OTHER

March 23, Los Angeles Times
A sliver of progress in Myanmar – Editorial

The Obama administration's strategy of engaging with rogue regimes may
have paid off in a small way in Myanmar. The release from prison of a
pro-democracy activist doesn't signal that democracy is coming to that
oppressed nation, but it does argue for continued contact to keep pressing
for desperately needed change.

Naturalized American citizen Nyi Nyi Aung was arrested on spurious
charges, sentenced after an unfair trial and mistreated in prison,
according to Human Rights Watch. Myanmar's military junta pardoned and
deported him last week in what it said was deference to its "bilateral
friendship with the United States" and a request by the State Department.

Myanmar, formerly known as Burma, is planning its first parliamentary and
local elections in two decades. Opposition leader and Nobel Peace Prize
laureate Aung San Suu Kyi has spent 14 of those years under house arrest,
one of about 2,200 political prisoners in the country, according to
Amnesty International. Suu Kyi's National League for Democracy party won
the 1990 general election with a majority of seats in parliament, but was
never allowed to take power. To ensure that it never does, the junta has
rewritten the nation's constitution and imposed a new election law. Among
the changes: Anyone married to a foreigner is disqualified from running
for public office. (Suu Kyi is the widow of Briton Michael Aris.)
Political prisoners are also disqualified, military control of a bloc of
legislative seats and key ministries is guaranteed, and the regime is
officially annulling the 1990 election results. Suu Kyi's party is suing
the government in response.

The National League for Democracy is right that none of this bodes well
for a free and fair vote, and it is understandably concerned that
opposition participation in such an election would only serve to
legitimize a junta that does not intend to relinquish power. Yet the junta
is taking steps that could inadvertently lead to change. It is trying to
broaden the private sector -- if only to benefit its cronies -- and
improve economic conditions in a country where most live in dire poverty.
The new constitution establishes a presidential system of government with
a bicameral legislature and 14 regional governments and assemblies.

While maintaining targeted economic sanctions against Myanmar, the United
States should use its new, if limited, influence to push for a credible
electoral process with the freedom and participation of Suu Kyi and other
prisoners of conscience. Representatives of the Assn. of Southeast Asian
Nations should be allowed to monitor the vote. The door has opened a
crack. The election is an opportunity to try to pry it open further.

____________________________________
INTERVIEW

March 23, Irrawaddy
Deeply disappointed

The Irrawaddy editor Aung Zaw recently interviewed US Assistant Secretary
of State for East Asian and Pacific Affairs Kurt Campbell who in November
led the US's first high-level delegation to Burma in 14 years when he met
Aung San Suu Kyi and military junta premier Thein Sein.

Campbell spoke about the regime's recent election law, US sanctions, Asean
and the political unrest in Thailand.

QUESTION: The regime has recently announced its much awaited election law
and clearly there was no surprise—many reputable opposition figures
including Aung San Suu Kyi and 2,000 other political prisoners will not be
allowed to participate. How will the US respond?

ANSWER: We are deeply disappointed with the political party law, which
excludes all of Burma’s more than 2,000 political prisoners from political
participation. We are also troubled that the law appears to bar National
League for Democracy (NLD) leader Aung San Suu Kyi from running. It may
also prohibit her membership in her own party. This is a step in the wrong
direction. These laws compound the already oppressive political atmosphere
in Burma.

Q: If the election is held without the participation of the main
opposition party, Suu Kyi's NLD, could it be considered credible in any
way?

A: Whether or not Aung San Suu Kyi chooses to run is a decision for her
and her party to make, and we respect the decisions opposition and
candidates will make with regard to participation in the election. Our
position is that all candidates, including Aung San Suu Kyi and other
opposition leaders should be afforded the opportunity to make that
decision for themselves. The regime should not impose rules that restrict
the candidate pool to exclude those with whom it disagrees. The Political
Party Registration Law, as promulgated, makes a mockery of the democratic
process and ensures that the upcoming elections will be devoid of
credibility.

Q: At a press briefing in Bangkok, you said that engagement with the
regime has failed. If that is the case, will the US increase sanctions
against the regime?

A: Sanctions are an important tool in the Burma policy toolkit. We have
said publicly––and we have made clear to the government of Burma––that we
reserve the option to further tighten sanctions should the situation
warrant that.

We will also continue to engage with the regime. Dialogue is not a reward;
we knew from the outset that this would be a long and difficult process,
in particular given the electoral environment this year. While nothing is
scheduled at this time, we remain open to further meetings and remain in
discussion with the Burmese about another possible visit.

Q: You didn't visit Burma during your recent trip to Asia. Why?

A: We are still in discussion with the Burmese authorities regarding a
possible trip.

Q: As a member of the Association of Southeast Asian Nations (Asean), has
Burma in any way been an obstacle to full US engagement with Asean member
states and the organization itself?

A: The problem of Burma is a challenge for the US and for Asean as an
organization. However, we are committed to a deeper relationship with
Asean and we are not going to let the Burma problem impede that
relationship. We believe Asean as an organization has an important role to
play in pressing Burma, as a member state, to implement genuine reform.

Q: Due to protests led by Redshirt demonstrators in Bangkok, you canceled
your speech at Chulalongkorn University. How does the US view Thailand's
ongoing political instability?

A: We are closely watching the current situation. The United States
believes that differences should be addressed through Thailand’s
democratic institutions and not through violence. We also encourage the
Royal Thai Government to exercise appropriate restraint.

Q: What is your message to Burmese army officers and officials who
genuinely want to forge a more friendly and closer relationship with the
US?

A: Our message for those in the government and military is the same as for
those in the democratic opposition and ethnic minority groups: we want to
see Burma peaceful, prosperous and democratic, and will stand with those
who are working toward that goal.