BurmaNet News, April 1, 2010

[Editor]

April 1, 2010, Issue #3930


INSIDE BURMA
Japan Economic Newswire: Indonesia foreign minister urges Myanmar to hold
'inclusive' election
Xinhua: Myanmar tightens formalities with passport application

ASEAN
Bangkok Post: Asean leaders discuss election

REGIONAL
DPA: Inter-Parliamentary Union urges Myanmar to change election laws
Mizzima News: Vietnamese Premier to visit Burma

INTERNATIONAL
AFP: US must broaden Myanmar outreach: study

OPINION / OTHER
New Yorker: Burma’s opposition boycotts – George Packer
Irrawaddy: The same old road to nowhere – Naw May Oo
VOA: An opportunity lost in Burma – Editorial




____________________________________
INSIDE BURMA

April 1, Japan Economic Newswire
Indonesia foreign minister urges Myanmar to hold 'inclusive' election

Yangon – Indonesian Foreign Minister Marty Natalegawa said Thursday he
told Myanmar Prime Minister Gen. Thein Sein that "inclusivity, openness
and transparency are important" in the process of holding elections.

Speaking to reporters in Yangon after their meeting in Naypyitaw,
Myanmar's administrative capital, Natalegawa said he had shared
Indonesia's experience in making the transition to become the world's
third largest democracy, hoping it would be useful for Myanmar in its own
democratization process.

He said Indonesia wants to see Myanmar hold an election that is "open,
free, fair, credible and inclusive," adding that those are the same things
that the Myanmar government itself has said in the past that it wants.

"They have said it and we hope it will be the case," he said.

Natalegawa's remarks follow the recent announcement by Myanmar's main
opposition party, the National League for Democracy led by detained
pro-democracy icon Aung San Suu Kyi, that it will boycott the upcoming
general election, which is to be held later this year for the first time
in two decades.

"We are not in a position to say this was a good decision or bad decision,
only they know better so we are not going to second-guess it."

But he said Indonesia hopes the election will be a problem-solving one in
which everyone in the country who can contribute to Myanmar's development,
stability and prosperity can participate.

"We are very keen to ensure that the election is inclusive, is
participatory, and that the implementation of the laws does not exclude
anyone," he said. "All we are hoping for is the open commitments by
Myanmar."

Myanmar's military junta recently enacted election laws, one of which
would require the NLD to prevent Suu Kyi from participating in the
election, a move which sparked harsh criticisms both from inside the
country and abroad.

Natalegawa, who arrived in Myanmar on Tuesday, also met with his Myanmar
counterpart Nyan Win in Naypyitaw on Wednesday.

____________________________________


April 1, Xinhua
Myanmar tightens formalities with passport application

Yangon – The Myanmar authorities have tightened formalities for its
citizens in applying for a passport by adding more complicated procedures
for the applicants to go through, the local weekly Popular News reported
Thursday.

Quoting Yangon division's Internal Finance and Revenue Department, the
report said a passport applicant is re-set to obtain tax clearance
verification not only for himself which was previously required but now
also for all other household members with whom he is living together, thus
adding burden to the applicant.

The authorities' move is said to prevent anyone of a household member from
tax evasion.

Tax clearance is one of the procedures which requires a passport applicant
to go through.

Myanmar has been taking some measures since 2006 to tighten levying of
taxes in a bid to raise state revenue, while seeking ways also to expose
those evading paying tax.

These measures include denying the biennial renewal of private business
licenses on failure to fully settle their outstanding tax payment
annually.

There are five categories of tax collected by the government, namely
commercial and service tax, income tax, profit tax, tax for sale of state
lottery and stamps.

Meanwhile, Myanmar on Thursday started introducing passports of
international bar-code OCRB system for its citizens to replace handwritten
ones in line with the demand of International Aviation Organization which
called for stopping the use of the hand-written passports, according to
the passport issuing authority under the Ministry of Home Affairs.

Such OCRB passport-readable machines are installed at the Yangon
International Airport for the move as well as to facilitate the OCRB
passport holders from the international.

Over the period when the new measure is taken, matters related to Myanmar
passport extension and renewal in foreign countries, where Myanmar
embassies are located, are being suspended for one month from April 1 to
30, according to the ministry.

____________________________________
ASEAN

April 1, Bangkok Post
Asean leaders discuss election – Thanida Tansubhapol

The leaders and foreign ministers of Asean countries are expected next
week to discuss the Burmese military regime's election laws which bar
opposition leader Aung San Suu Kyi from running for office.

Vitavas Srivihok, director-general of the Asean Affairs Department,
yesterday said the issue would be raised next Wednesday when Asean foreign
ministers sit down in Hanoi for dinner talks on regional affairs.

The Burmese election is also expected to be discussed when Asean leaders
meet a day later in the Vietnamese capital. Their views are likely to form
a part of the Asean chairman's statement to be issued at the end of the
leaders' meeting, Mr Vitavas said.

A ministry source believed the Burmese leaders might listen to the views
of the other Asean leaders if the meeting was conducted in a good
atmosphere.

The National League for Democracy headed by Mrs Suu Kyi decided on Monday
to boycott the election by not registering the party. The action could
lead to the disbandment of the party.

Asean leaders and foreign ministers are also scheduled at their meetings
to sign at least 12 documents including a statement on a joint response to
climate change.

The leaders will talk with Asean lawmakers during their time in Hanoi but
there have been no meetings scheduled with members of Asean civil society
and youth representatives similar to last year.

____________________________________
REGIONAL

April 1, Deutsche Presse-Agentur
Inter-Parliamentary Union urges Myanmar to change election laws

Bangkok – The Inter-Parliamentary Union (IPU) on Thursday called on
Myanmar's junta to amend its recently promulgated election laws to ensure
polls planned this year are "inclusive, free and fair."

   "With the elections drawing to a close, time is running short," said
Philippine Senator Aquilino Pimentel, president of the IPU's human
rights committee.

   The IPU, an organization which brings together the national parliaments
of 143 countries, wound up its 122nd assembly in Bangkok on Thursday.

   Myanmar's military junta last month passed a series of election-related
legislation that appeared designed to force the main opposition party -
the National League for Democracy (NLD) - to
boycott the polls.

   The Party Registration Law, for instance, prohibits people currently
serving prison terms from being party members. This would force the NLD
to expel party leader Aung San Suu Kyi from their ranks before it is
allowed to contest this year's election, a date for which has not yet
been set. Suu Kyi is currently serving an 18-month house arrest
sentence.

   On Monday, the NLD announced the party would not contest the polls.

   The NLD won Myanmar's last general election in 1990, but has been
blocked from power for the past two decades. The party remains the
strongest political opponent to the military institution that has ruled
Myanmar, also called Burma, since 1962.

   The IPU human rights committee also examined the individual situations
of 293 parliamentarians in 32 countries including Myanmar, Afghanistan
and Malaysia.

   Senator Pimentel said that the parliamentary delegation from
Afghanistan had agreed to close a case against Afghan member of
parliament Malalai Joya for a statement she had made, and would allow
her to run in the elections in Afghanistan later this year.

   He said he hoped that "in the few months between now and the elections,
the Afghan Parliament will reinstate Ms Joya."

   On the controversial case of Malaysian member of parliament and de
facto opposition leader Anwar Ibrahim, who faces sodomy charges,
Pimentel said, "The investigation and the proceedings seem to suffer
from the same flaws as in the previous sodomy case."

Malaysia's Federal Court overturned the conviction in his earlier sodomy
case and he was released from prison in 2004.

____________________________________

April 1, Mizzima News
Vietnamese Premier to visit Burma

Chiang Mai – Vietnamese Prime Minister Nguyen Tan Dung will begin his
three-day tour of Burma tomorrow.

During his tour Mr. Nguyen Tan Dung will meet junta supremo Senior Gen.
Than Shwe and Prime Minister Gen. Thein Sein.

Mizzima has learnt that the Vietnamese Premier is likely to attend the
opening ceremony of the representative office of one of Vietnam’s biggest
banks, the ‘Bank of Investment and Development of Vietnam’ (BIDV) in
Rangoon.

The military regime has invited 200 businessmen to meet the Vietnamese
delegation.

Two days after the Mr. Nguyen Tan Dung’s visit to Burma, the 16th
Association of South East Asian Nations (ASEAN) Summit meeting will be
held in Hanoi. And Burma’s forthcoming election will be on the agenda in
the summit.

Trade between Vietnam and Burma has increased by 10 per cent since 2007
with the trade value being 108.2 million USD in 2007.

Vietnam’s state-owned PetroVietnam, Telecommunication Company Viettel
among others are into business in Burma.

Vietnam signed an agreement with the junta to buy timber worth over USD 5
million from Burma in 2010.

PetroVietnam had an agreement with Myanmar Oil and Gas Enterprise in 2007
to invest in Burma.

Under Vietnam’s foreign policy for cooperation and expansion of regional
trade, bilateral trade with Burma has also increased.

Vietnam Airline has started direct flights between Rangoon and Hanoi in
March this year.

Burmese Army Joint Chief-of-Staff Gen. Thura Shwe Man visited Vietnam last
year.

____________________________________
INTERNATIONAL

April 1, Agence France Presse
US must broaden Myanmar outreach: study – Shaun Tandon

Washington – The United States should broaden engagement with Myanmar to
reach more of the population, taking a long-term view despite growing
concern over upcoming elections, a study said Wednesday.

The New York-based Asia Society set up a task force with leading figures
of both major US parties to chart a way forward after President Barack
Obama's administration last year launched a dialogue with the military
regime.

The study broadly endorsed Obama's approach but had no illusions about the
difficulties ahead, warning that the junta may try to use talks with the
United States to confer legitimacy on elections it is holding later this
year.

The task force said the United States could tighten or remove sanctions on
the regime based on progress but should ramp up assistance to ordinary
people including non-governmental organizations, farmers and small
businesses.

"This is what we can do -- we can work with the population," retired
general Wesley Clark, a former Democratic presidential candidate and
co-chair of the task force, told a news conference introducing the report.

"What we wanted to do was lay out a positive direction where the
leadership in Burma could take a step forward and see the benefits that
could occur if they would do that," Clark said, using Myanmar's former
name.

The other co-chair was Henrietta Fore, who was director of foreign aid
under Republican president George W. Bush. Task force members included
billionaire philanthropist George Soros and Nobel Prize-winning economist
Amartya Sen.

The upcoming elections will be the first in Myanmar since 1990. That vote
was swept by the National League for Democracy (NLD) but it was never
allowed to take power and its leader, Aung San Suu Kyi, has spent most of
the time since under house arrest.

The NLD on Monday decided to boycott this year's election after the junta
imposed laws, criticized around the world, that would have forced the
party to oust Nobel peace laureate Suu Kyi as its leader.

Priscilla Clapp, the former chief of mission at the US embassy in Myanmar
and a principal adviser on the report, said it was important to take the
"long view" beyond the election.

"My feeling is we just need to sit back and express our concerns very
loudly and clearly and make it clear what will lead to a productive
relationship with the United States ultimately, but not expect that we can
have a lot of effect on what's happening right now during the elections,"
she said.

The study said that the NLD should remain the "focal point" of US support,
but that Washington should also reach out to civil society and ethnic
minorities.

The study cautioned against US overconfidence, saying that its influence
in the reclusive nation was limited and acknowledging that Myanmar was
unlikely to become a top priority in Washington.

It said the United States should work to coordinate policy with key
regional players including China, India and Myanmar's fellow members of
the Association of Southeast Asian Nations.

China in November started building an oil pipeline in Myanmar and has been
the junta's chief diplomatic backer.

But the report's authors warned not to exaggerate China's role, suggesting
that Beijing was "pragmatic" and had little love for the junta.

"We make a lot of the pipeline deal as if it were the essence of energy in
China. It isn't; it's going to represent a very small percentage of
China's energy resources," Clapp said.

"I don't think they have nearly the kind of influence that we assume they
have over the government," she said.

China last year reprimanded Myanmar over fighting in Kokang, a largely
ethnic Chinese region of Shan state, a rare occasion in which Beijing has
initiated criticism of another country's domestic situation.

____________________________________
OPINION / OTHER

April 1, New Yorker
Burma’s opposition boycotts – George Packer

The Burmese military regime knows how to do one thing well: survive.
Twenty years ago, it nullified an election that was massively won by the
party of the opposition, the National League for Democracy. It placed the
party’s leader, Aung San Suu Kyi, under a house arrest that, with a few
brief respites, continues to this day. For two decades, the regime has
consolidated its power, created an economic oligarchy, ended most of the
ethnic insurgencies or fought them to a draw, crushed any democratic
tremors among the civilian population, bought off its neighbors, and
successfully defied American and world condemnation.

Two years ago, in the immediate aftermath of a cyclone that killed one
hundred thirty-five thousand people, the government forced Burmese to
approve a constitution drafted by the regime itself to perpetuate its hold
on power. Elections were scheduled for this year, with the military
guaranteed a percentage of seats in parliament and other undemocratic
entitlements. The opposition was faced with an excruciating dilemma:
whether to join an election that would be its first chance in twenty years
to have a share of power, and thereby legitimize the regime’s illegitimate
rule, or boycott on principle and accept more years of essentially
impotent resistance. For the past two years, this question has preoccupied
Burma’s brave, beleaguered political dissidents inside the country, and
their supporters on the outside. It was the age-old conundrum of
compromise and its limits.

On March 11th, the regime published its election laws. Chapter 2, Section
4(e) of the political party registration law bars any party that
participates in the elections from including as members prisoners
currently serving sentences. Last year, Aung San Suu Kyi was convicted of
violating the terms of her house arrest after a mentally unstable American
swam to her house and took refuge there. So under the new law, for the
N.L.D. to compete in the elections, Suu Kyi would have to be expelled from
the party she has led for twenty years.

On March 29th, the N.L.D. announced that it will boycott the elections.
This means that, as of May 6th, Burma’s most important opposition party
will be dissolved. The decision by the central committee’s one hundred
thirteen members was officially unanimous, but there had been intense
debate and division over the question. Apparently, a six-point message
released by Aung San Suu Kyi decided matters. And now the opposition’s
future is more uncertain than ever.

With its draconian election law, the regime, incompetent in all other
matters, shrewdly put the N.L.D. in the position of having to assent to
its own destruction. The world will protest, as it always does when the
junta shows its barbaric character, but the regime will ignore the
protests, secure in the knowledge that it will not have to compete against
a party led by the one person it most fears (though the N.L.D. could be
reborn under other names). Suu Kyi is almost universally loved and admired
in Burma, but her courage is not always distinguishable from
inflexibility. Her party is run by elderly men—many of them former
political prisoners—who will never defy her. Like many opposition
movements under authoritarian rule, it is more democratic in principle
than practice. Some respected Burmese voices, such as The Irrawaddy
magazine, based in Chiang Mai, Thailand, have not greeted its decision
with unalloyed enthusiasm.

It’s almost impossible to know what younger Burmese inside the country
think. When I made two visits there in 2008, some of them, who revered Suu
Kyi, nonetheless wanted to participate in elections and regarded the
N.L.D. as unresponsive to their desires. Others were searching for
non-political ways to carve out a margin of freedom. The N.L.D. seemed to
be more and more trapped in its own past. The most vibrant parts of
Burmese society were not its aging political opposition but its young
artists, journalists, humanitarian workers. What will they do now that the
main vehicle of political expression is on the verge of dissolving?

As always, the regime has advanced its own short-term interest at the
expense of the country it rules. The elections presented a chance for
Burma to thaw its frozen relationship with most of the world, and to begin
to resolve its own immense conflicts. However flawed, they offered some
movement, some way out of a suffocating deadlock. The Obama Administration
has been looking for alternatives to the sanctions and isolation that have
been American policy toward Burma since 1990, and that have manifestly
failed, seeking instead what it calls “pragmatic engagement.” This week,
Asia Society released a report (I was a member of the task force) that
analyzes the current political and economic landscape in Burma, and
proposes how the U.S. might coördinate its policy with Burma’s neighbors
in a way that could quickly take advantage of any openings from within the
regime. Without giving the junta something for nothing, the report
outlines a nuanced strategy over several stages that would mix pressures
and incentives in a more flexible and pragmatic fashion than past American
policy has allowed.

The launch of the report (including an event in New York on the morning of
April 7th) has been overshadowed by the N.L.D.’s dramatic announcement.
Once again, Burma and the world are moving in opposite directions. The
U.S. might be ready to seek a compromise with the regime, but the regime
is still doing what it does best: by its own brutal rigidity, forcing the
opposition into a rigid and, perhaps, a self-defeating response.

____________________________________

April 1, Irrawaddy
The same old road to nowhere – Naw May Oo

The 2008 Constitution and the upcoming election guarantee a continuation
of Burma’s longest civil war, and the only hope for a peaceful Burma is to
constitutionally accommodate ethnic diversity.

Beginning with independence, Burma has a history of ignoring critical
issues and interests. In 1947, Aung San and his Anti Fascist People’s
Freedom League (AFPFL) tried to aggressively secure Burma’s national
independence from the British by securing the ethnic minorities’ agreement
to join a proposed Union of Burma.

As a result, the Panglong Agreement was signed designed to reward Burma
with independence. The 1947 Constitution was drafted for an independent
Burma and ratified in 1948. In theory,  a federal union (Pyidaungsu) and a
democratic government was established.

The newly independent Burma, however, was understandably fragile. First,
the young country was not prepared to implement democratic principles.
Second, the promised democratic union never came to be, and the ethnic
groups who agreed to join the non-existent union rebelled.

A decade of constitutionalism and electoralism gave way to the first
military coup d’état in 1958 and then to the more permanent military
takeover in 1962.

A careful look into the handling of the ethnic discontent would indicate
that the government deliberately avoided constitutional discussion which
might have helped to reach a peaceful resolution. Instead, the fledgling
parliamentary democracy regime turned to the army (Tatmadaw) for help in
quelling perceived threats from ethnic groups.

A second Constitution (1974) was ratified to affirm the first military
coup of 1962, through which the military government transformed itself to
civilian rule by adopting the “Burmese Way of Socialism.” The Burma
Socialist Program Party (BSPP) ruled until the demise of the party in
1988. Now, the third Constitution (2008) paves the way to affirm the
second military rule, planning to transform itself to a civilian
government through upcoming elections.

What will be the outcome of the 2008 Constitution and attempts to
transform the ruling military leadership into a civilian government? While
we cannot say for certain, we can point to distinctions between this
constitution and prior constitutional efforts. We also can identify key
issues, which may present challenges and obstacles for the future based on
Burma’s past.

There are substantive differences between the 1947 Constitution and the
2008 Constitution. But, there are also striking similarities between the
two documents.

The 1947 and 1974 Constitutions

An inadequate basis for federalism in a multi-ethnic society is one of the
factors contributing to the failure of democracy. The government’s
consistent refusal to address the question of ethnic diversity
constitutionally is the fundamental root-cause of the ongoing civil war in
the country.

Generally speaking, ethnic discontent began with the broken promises
following the drafting of new constitution in 1947. Minorities joined or
agreed to join Pyidaungsu (the Union) based upon the premise that all
members of the Union would adhere to the federal principles and thus enjoy
full-membership in the Union. Although the word “federal” never appeared
in either of the Constitutions, both documents mentioned repeatedly the
equivalent Burmese word “Pyidaungsu.”

Some said that the 1947 Constitution established a federal framework by
establishing a bicameral national legislature and provisions that spelled
out minority rights. The territories of four ethnic groups, the Karen,
Karenni, Shan and Kachin, were recognized and each was designated a
separate state in the Constitution but with unequal status. For example,
while Shan State and Karenni State were constitutionally granted the right
to secession, while the other states were not. Moreover, spelling out the
right to secession in the Constitution is operationally meaningless.

The 1974 Constitution continued to term Burma as Pyidaungsu or the Union.
Some analysts say it also provided a federal theory. For example,
ministerial Burma was divided into seven states and seven divisions with
little real power and autonomy. But, the same Constitution provided for a
unicameral legislature and centralized all powers even further and
entrenched the Burma Socialist Programme Party (BSPP) as the only legal
political party in the country.

The same constitution continued to recognize the Burmese language the only
official language, and prohibited the teaching, publishing and printing of
any other ethnic languages by law.

The 2008 Constitution

It is normal to expect that the constitution would address the problems of
democratization and the recognition of Burma’s ethnic and linguistic
plurality, principally by engaging these stakeholders in a dialogue
regarding reconciliation. The general understanding is that most civil,
armed or unarmed, disputes are about 1) the structure of the state, 2)
control over natural resources, and 3) the question of groups’ right to
self-determination, or some combination thereof.

These issues are most commonly matters necessarily dealt with in a
constitution and constitutional laws governing a country.  It is then
natural to expect that the coming into effect of a new constitution can
mean the end of civil (often armed) conflict. And, a constitution
producing this sort of result ought to be comprised of the negotiations
and debates between the stakeholders.

However, such a dialogue and collaborative process were largely forsaken
by the current regime. The constitutional drafters failed to actively
involve the participation of the people governed, throughout the process
of deciding and drafting the Constitution.  on the contrary, the upcoming
2010 election appears only to affirm two things: first, the hegemony of
Burma’s Armed Forces and second, the guaranteed continuation of the
current civil war.

The 2008 Constitution acknowledges the multi-ethnic character of Burma.
The constitution gives token significance to the separation of power
between the branches of government, spheres of government and the military
but practically provides little to no mechanism in which this division can
occur.

Constitutional law experts observe that the sub-national governments at
states and local levels have very little effective powers and almost no
self-government as they are subordinated to the Pyidaungsu legislature and
especially to the executive. In effect, regardless of the repetitious use
of the term Pyidaungsu or the Union, Burma is by no means a federal state
under 2008 Constitution.

What should bother all citizens most, regardless of their ethnicity, is
the way in which the 2008 Constitution addresses civil rights. The way
rights are formulated and the limitations placed upon them are even more
problematic. The people of Burma will, if at all, enjoy their most
fundamental human rights at the pity of the regime.

The Upcoming Election

Will this attempt at legalizing elections and forsaking the question of
minorities succeed? Or will Burma continue to repeat the well-established
patterns of its past? The Burmese military regime is moving forward with a
plan to legitimize and solidify military rule.

The recent election law released by the Burmese regime is shocking to
many, given the regime’s persistent rejection of concerns of the people of
Burma and the global community.

As for Burmese expatriates, experience tells us that the military has
repeatedly used elections and the constitution as a platform to shepherd
in new military leadership under the guise of reform.

As for ethnic minorities, we sense the impact of an unfolding political
fiasco. We are haunted by the ghost of our country’s history. Twenty years
after staging the coup, the Burmese military once again launched another
reform effort through the 2008 Constitution. Bold public proclamations
declare the government will now transform itself to a civilian government
via an election in 2010. Once again will this be a shuffling of rank,
responsibility and fiefdoms?

Burma is at a crossroads, the country could advance, or fall back into the
well established pattern of military rule and human rights abuses. How the
United States and the United Nations respond to the upcoming election and
the Burmese regime could probably impact the course of the election, the
Burmese Constitution, and set a precedent for the rest of the world.

The actions taken by the Burmese regime are simply a repeat and
repackaging of old tactics and without a new approach, the country could
easily fall back into its historic conflict patterns and civil war.



Naw May Oo is a doctoral student writing her dissertation on
constitutional design and federalism for post conflict states with a
concentration on Burma at Indiana University Maurer School of Law and a
fellow at the Center for Constitutional Democracy.

____________________________________

April 1, Voice of America
An opportunity lost in Burma – Editorial

Burma's leading opposition party says it won't take part in national
elections to be held sometime this year.

The National League for Democracy's decision appears to have been forced
on it by unfair and repressive new election laws announced March 10, which
would have severely hampered its effectiveness by barring many of its
members, including Aung San Suu Kyi, from running for office or even
membership. Nevertheless, if there was any chance that the polling would
be inclusive, that ended when the NLD, long the mainstay of Burma's
democracy movement, chose not to participate under rules it considers
unfair.

While no date has been set yet for the election, the first since 1990, the
government touts it as a step toward democracy, begun with a controversial
constitution adopted 2 years ago. Under military rule for almost 50 years,
Burma has some of the tightest restrictions on free speech and political
activity in the world. The generals ruling the country see the election as
a way to enhance their credibility at home and deflect criticism on their
policies from the international community.

To accomplish that, Burma's leaders should open up the political process.
Instead, they restricted it with the new Political Parties Registration
law and the constitution, which guarantees 25 percent of the seats in
Parliament to the military even before the voting. While there have been
reports that some smaller opposition parties may take part in the
election, a chance to conduct a broad and serious dialogue with leading
activists and various ethnic groups hoping for a say in Burma's future
will likely now be lost.