BurmaNet News, October 19, 2010

[Editor]

October 19, 2010 Issue #40615

INSIDE BURMA
Reuters: Fear trumps fairness on Myanmar's campaign trail
DVB: Burma FM ‘guaranteed election win’

ON THE BORDER
BBC: Burma army in tense stand-off with Kachin militia

HEALTH
AFP: 'Health emergency' in Myanmar's ethnic east: report

REGIONAL
Jakarta Post: Myanmar’s election could improve by opening to media: RI

INTERNATIONAL
VOA: UN, US criticize Burma over election observers
Irrawaddy: Election to offer little change: UN Rapporteur
Kyodo: Myanmar refugees undergo orientation on Japanese language, customs

OPINION / OTHER
Reuters: CHRONOLOGY - Myanmar's troubled political history
HRW: EU: Act on UN Inquiry into International Crimes in Burma

PRESS RELEASE
Burma Medical Association, NHEC, BPHWT: Women and children bear brunt of
health crisis in eastern Burma

INTERVIEW
Irrawaddy: The Kachin 'Nakba' – Ko Htwe with Bauk Ja



____________________________________
INSIDE BURMA

October 19, Reuters
Fear trumps fairness on Myanmar's campaign trail – Aung Hla Tun

Yangon – Fearful voters and veiled military threats ahead of Myanmar's
first election in two decades have turned the campaign trail into a
largely one-sided show overwhelmingly in favour of proxies for the ruling
army.

"The people are extremely frightened," Tin Aye, 67, one of many
independent candidates, told Reuters in a comment echoed by other
candidates. "I can't find anyone willing to host meetings. Today, I could
talk with only 10 people at a friend's house."

Critics have dismissed the Nov. 7 ballot as a charade to maintain the
status quo, leaving military rule in civilian clothing. A quarter of the
seats in parliament are set aside for serving generals and most of the
remainder seem certain to go to retired army officers or their cronies.

A few days on the campaign trail vividly illustrate those concerns and
signal why the election is unlikely to usher in substantive near-term
reforms for a country strategically nestled between China and India with
rich natural resources.

Pro-democracy parties, none of which will contest more than 14 percent of
seats, complain the two military-backed parties are using their power and
connections to ensure the polls go their way and the opposition barely
registers at campaign events.

The campaign trail is already well trodden by the heavy boots of the
military, with former soldiers pushing their candidacy ahead of polls that
two pro-junta parties are expected to sweep.

Tin Aye's constituency is Naypyitaw, the isolated five-year-old capital
home to the top brass of a regime that evicted him from his 18-acre farm
six years ago.

His opposition is the Union Solidarity and Development Party (USDP) and
the National Unity Party (NUP), two juggernauts packed with retired
generals and incumbent government ministers.

Tin Aye's nervous constituents know those parties represent the powerful
junta accused by the West of oppressing its people and plundering the
nation's wealth and natural resources.

He hopes 60,000 students who graduated from the school he once ran as
headmaster will rally behind him. "They don't want to meet me for fear of
reprisals," he said. "But I believe they will vote for me out of love."

UNFAIR ADVANTAGE

Prime Minister Thein Sein has been accused of abusing his position to
promote his USDP party during the opening of new hospitals, schools and
roads.

Some locals in the former capital, Yangon, say the mayor, Aung Thein Lin,
another USDP candidate, has fulfilled a recent promise to start paving
about 50 potholed roads with concrete.

But the work abruptly stopped.

"We hear that paving will be halted unless the USDP candidates win in our
constituency," said Maung Sein, owner of a book shop in Pabedan Township,
who said he attended a meeting where local elders were instructed by the
mayor to ensure the military-backed USDP candidates won.

Thu Wai, chairman of the Democratic Party (Myanmar), said the USDP had
many advantages over cash-strapped opponents.

Many opposition candidates cannot afford to access voter lists. Under
rules drawn up by the junta, they must pay 20 kyat ($3) for the name of
each constituent -- a large sum in the country of 50 million people where
more than 30 percent live in poverty, according to the Asian Development
Bank.

MINIMAL OPPOSITION

In contrast, the USDP, which will contest all 1,158 constituencies, has
clearly marked out its territory.

"We found stickers on buildings in towns and cities saying: 'The people
here are members of the USDP'," he said. "People were too frightened to
talk to our candidates."

What's missing from Myanmar's election is any kind of viable opposition to
the military's proxies.

The National League for Democracy (NLD) Party, which won a landslide
victory in 1990 polls the junta ignored, has boycotted the ballot and has
been dissolved by the authorities as a result.

NLD leader Aung San Suu Kyi, the Nobel Peace Prize-winning figurehead of
Myanmar's fight for democracy, remains under house arrest and has
instructed party members to shun the vote because of her detention and
that of 2,200 other political prisoners.

Some NLD members disagree with Suu Kyi and have formed their own party,
the National Democratic Force (NDF). But its resources are scant and
campaigning is tightly restricted, with brochures, cheap posters and free
T-shirts about the best it can offer.

"Our party representatives will become MPs if our party wins the favour of
the people," NDF chairman Than Nyein said last week in the party's one
permitted television broadcast.

"At least we will have the right to express our voice."

(Writing by Martin Petty; Editing by Alan Raybould and Jason Szep)

____________________________________

October 19, Democratic Voice of Burma
Burma FM ‘guaranteed election win’ – Aye Nai

Burma’s foreign minister Nyan Win faces no competition in the Pegu
division constituency he is running in for the 7 November elections after
two other parties withdrew.

Locals in Zigon constituency speculate that the National Unity Party (NUP)
and Democratic Party (DP) pulled out because of the stiff competition
they’ll face from Nyan Win, who is running for the Union Solidarity and
Development Party (USDP).

The junta-backed USDP is fielding candidates in all 1158 constituencies,
while the opposition Democratic Party has only 60. Nyan Win is competing
in Zigon-1 for the Regions Parliament, one of three parliaments that will
convene in post-election Burma.

The news coincides with an announcement by the Election Commission (EC)
that only one candidate will run in 54 of the 1158 constituencies in
Burma. The head of the EC, Thein Soe, told AP that it is therefore not
necessary to hold balloting in those areas.
Steep registration fees for each contestant means that many of the smaller
parties cannot field strong competition. In contrast, the USDP, which is
headed by Burmese Prime Minister Thein Sein, has more than 1100
candidates.

Thu Wei, chairperson of the Democratic Party, said that the decision to
withdraw was based on financial problems.

“We are only competing for the People’s Parliament in Zigon township. It
is mainly because we have no money,” he said. “We didn’t compete for the
Nationalities’ Parliament either because we have no candidate for it. It’s
not that we were avoiding [competition with Nyan Win].”

But locals in Zigon think otherwise. One man told DVB that, “Although the
[NUP and DP] said they were trying to save expenses by not competing as it
was obvious they will lose, us residents think they pulled out because
they were scared”.

The USDP is widely tipped to win Burma’s first elections in 20 years,
despite facing competition from 36 other parties. Its unparalleled
financial clout means that it has been able to entice supporters with
low-interest loans – an attractive incentive in Burma, where average wages
hover around $US220 a year.

The winners of the last elections in 1990, the National League for
Democracy (NLD), opted to boycott the polls on account of restrictive
election laws that ban party leader Aung San Suu Kyi from running for
office.

____________________________________
ON THE BORDER

October 19, BBC News
Burma army in tense stand-off with Kachin militia

A Burmese ethnic militia group, the Kachin Independence Army, is in a
tense stand-off with the army following the arrest of three of its
members.

It says one of its offices has been surrounded by the Burmese military.

The KIA also said that its forces have themselves surrounded an army camp
near the Chinese border, the BBC Burmese service has reported.

It has had a 16-year ceasefire with the military government and seeks
autonomy for the Kachin people.

The group has refused to sign a deal with the government to disarm and
become an official border guard force.
Friction fear

The KIA and its civilian organisation have been allowed to control a large
swathe of northern Burma as part of a ceasefire agreement with the
country's ruling generals.

They provide power, roads and schools funded by taxes on the brisk trade
from China as well as the jade and gold mines and teak.

But the government's deadline to disband had prompted fears of conflict
with those groups, such as the KIA, who refused to do so.
Map locator

The BBC's Alastair Leithead visited the KIA in Laiza, northern Burma,
earlier this year, where KIA generals said they were preparing for the
worst.

"I can't say if there will be war for sure, but the government wants us to
become a border guard force for them by the end of the month," said the
KIA's Chief of Staff, Maj Gen Gam Shawng, in February.

"We will not do that, or disarm, until they have given us a place in a
federal union and ethnic rights as was agreed in 1947."

Before the latest reports, the situation appeared to have calmed.

Our correspondent says the risk of violence between the Burmese army and
both the KIA and the United Wa State army, had appeared to have been
reduced partly due to pressure from neighbouring China.

There are around two dozen ethnic groups in Burma, mostly scattered around
its borders, and the biggest have been in various states of ceasefire or
civil war over the past few decades.

The KIA is one of the biggest - their commanders say it includes 10,000
regular troops and 10,000 reservists, but it is impossible to know for
sure.

The Burmese army is one of the biggest in Asia.

____________________________________
HEALTH

October 19, Agence France Presse
'Health emergency' in Myanmar's ethnic east: report

Bangkok — More than half of all deaths in violence-ravaged eastern Myanmar
are from treatable illnesses, with the junta blocking access to
healthcare, according to a study published Tuesday.

A "chronic health emergency" in the ethnic areas strung along the border
with Thailand mean that 59 percent of deaths are preventable, said the
report, titled "Diagnosis: Critical".

The military lets civilians bear the consequences of its fight with
minority rebels in the country -- also known as Burma -- through
insufficient investment in healthcare, conflict and humanitarian abuses,
it said.

Child mortality rates are nearly double the official national figure,
while maternal mortality is three times as high, according to the study by
groups including the Back Pack Health Worker Team and Burma Medical
Association.

"Health indicators for theses communities, particularly for women and
children, are worse than Burma's official national figures, which are
already amongst the worst in the world," the report found.

It warned that "widespread human rights abuses" against ethnic civilians
and a "blockade of international humanitarian access" meant premature
deaths would continue.

Abuses such as forced labour and the destruction of food are driving
poverty, migration, sickness and premature death, Sriprapha
Petcharamesree, a rights expert at Mahidol University in Thailand, wrote
in the report.

"The inability of the peoples of eastern Myanmar to enjoy basic rights is
killing them," she added.

Violence was described as "endemic" in the areas -- which include places
where ethnic rebel groups such as the Shan State Army and the Karen
National Liberation Army operate -- and accounted for 2.3 percent of
deaths.

Malaria was responsible for nearly a third of deaths in children under
five, while diarrhoea was responsible for 17 percent of fatalities in this
age group.

"Measures are needed now to address this chronic crisis," Sriprapha said,
calling for Myanmar and the international community to take action.

Community groups aim to provide healthcare in the absence of state
provision, but these are severely hampered by conflict, the displacement
of hundreds of thousands of people and lack of resources.

The report was based on data collected in interviews with 5,754 households
in the areas of Shan, Mon, Kayin, Tanintharyi, Kayah and Bago between
October 2008 and January 2009.

____________________________________
REGIONAL

October 19, The Jakarta Post
Myanmar’s election could improve by opening to media: RI – Mustaqim Adamrah,

Jakarta – Indonesia on Monday criticized Myanmar’s decision to deny access
to international poll observers and foreign journalists to cover its Nov.
7 general elections.

“The planned election, long awaited both by the Myanmarese and the
international community, would serve its purpose best with thorough media
coverage,” Indonesian Foreign Ministry spokesman Teuku Faizasyah told The
Jakarta Post here on Monday.

Faizasyah, however, declined to comment further because of the sensitivity
of the issue.

ASEAN adopts a non-interference policy that makes the bloc by nature shy
away from each of its member state’s domestic affairs.

Chances for Myanmar’s first election in 20 years to be a sham have now
become clearer after its military rulers announced Monday that
international monitors and coverage would be prohibited during the restive
country’s election, which critics say will cement the military’s grip on
power under the guise of civilian rule.

In July, ASEAN members offered to send monitors to help make sure the
elections would be internationally recognized as free and fair, in
addition to the United States and the United Kingdom, which had made the
same offer.

“We don’t need foreign observers. We have abundant experience in holding
elections 
 We don’t need to clarify the credibility of these elections to
other people,” Thein Soe, the chairman of the Union Election Commission,
told a news conference in the capital Naypyitaw, as quoted by Reuters.

“Besides, the election laws enacted are very balanced and easy to
understand.”

Under the election laws, outsiders including reporters will not be allowed
to enter polling stations and take photographs, “to enable voters to vote
in privacy,” Thein Soe said.

On election day, authorities will “arrange a tour” for diplomats and UN
agencies in the country, said the commission chairman — a retired army
major general who also served as deputy chief justice — justifying his
arguments to reject foreign observers.

Myanmar’s last election was in 1990. Foreign media were allowed into the
country to cover those polls, which resulted in a landslide win for the
party of opposition leader Aung San Suu Kyi.

However, the junta refused to recognize the results and has kept the Nobel
laureate locked away in prison or under house arrest for 15 of the past 21
years.

Suu Kyi’s current term of house arrest expires on Nov. 13, just six days
after the elections.

Her party has denounced the polls as unfair and undemocratic, and is
boycotting the election, leaving the race without a strong opposition.

____________________________________
INTERNATIONAL

October 19, Voice of America
UN, US criticize Burma over election observers

Burma is coming in for international criticism over its decision to bar
foreign diplomats and reporters from entering the country to observe its
November 7 election.

At the United Nations, a spokesman for Ban Ki-moon replied to questions
about the decision by saying the secretary general "has been clear and
consistent" in urging Burmese leaders to make sure the elections are
"inclusive, participatory and transparent."

The issue was also raised at the U.S. State Department briefing in
Washington on Monday. Spokesman P.J. Crowley said Burma's decision was
"unfortunate, but not surprising" in light of the ruling junta's previous
behavior.

Crowley also said the decision to bar outside observers is "par for the
course."

The Burmese election commission announced Monday that no visas would be
issued to foreign diplomats or reporters seeking to visit for next month's
parliamentary election.

The commission said there were already enough diplomats and reporters in
the country to observe the vote, the first in 20 years.

____________________________________

October 19, Irrawaddy
Election to offer little change: UN Rapporteur – Lalit K Jha

Washington — The special UN rapporteur on the situation of human rights in
Burma in his latest report said there is little potential for the Nov. 7
Burmese election to bring meaningful change in the country that has
remained under military rule for more than 40 years.

“Conditions for genuine elections are limited under the current
circumstances and the potential for these elections to bring meaningful
change and improvement to the human rights situation in Myanmar remains
uncertain,” said Tomás Ojea Quintana, in his annual report submitted to
the UN General Assembly.

The report was dated Sept. 15 but was made available only today on the UN
website.

Regarding the issue of justice and accountability, the special rapporteur
said that while it is foremost the responsibility of the respective
government to address the problem of  systematic human rights violations
by all parties, that responsibility falls to the international community
if the government fails to assume it.

“In this respect, of particular concern is Article 445 of the 2008
Constitution, which may impede the government from effectively addressing
justice and accountability in the future,” said the 22-page report.

“With the possibility of impunity enshrined in the Constitution, the
United Nations can establish a commission of inquiry into crimes against
humanity through resolutions adopted by the Human Rights Council, the
General Assembly or the Security Council, or the Secretary-General could
establish it on his own initiative,” Quintana said.

“Justice and accountability are the very foundation of the United Nations
system rooted in the Universal Declaration of Human Rights which calls for
an international order in which the rights and freedoms set out in the
Declaration can be fully realized. Failing to act on accountability in
Myanmar [Burma] will embolden the perpetrators of international crimes and
further postpone long-overdue justice,” he said.

He said that the Burmese military government should respect freedom of
expression, opinion and assembly in the context of the national election;
release all prisoners of conscience; address justice and accountability;
and implement the four core human rights elements, as detailed in his
previous reports.

Quintana also said the Burmese junta should facilitate access for
humanitarian assistance and cooperate with the international human rights
system.

The report said that “despite calls by various United Nations bodies and
officials including the Security Council, the General Assembly, the Human
Rights Council, the Secretary-General and the Working Group on Arbitrary
Detention, and by regional bodies, particularly the Association of
Southeast Asian Nations (Asean), for the release of all political
prisoners, especially Daw Aung San Suu Kyi, the Government of Myanmar has
not taken this important step to establish an environment for credible,
inclusive elections.”

According to the report, prisoners of conscience who were convicted in a
court of law in Burma did not enjoy a fair and public trial by an
independent and impartial tribunal as required by the Universal
Declaration of Human Rights. In fact, the trials were conducted in a
manner inconsistent with Burma’s own laws, the report said.

____________________________________


October 19, Kyodo News
Myanmar refugees undergo orientation on Japanese language, customs

Tokyo – Refugees from Myanmar who recently arrived in Japan practiced the
Japanese language and learned about Japanese customs and community rules
in Tokyo on Tuesday as they prepare to integrate themselves into Japanese
society.

The refugees are among 27 ethnic Karen people belonging to five families
who have moved to Japan in recent weeks from the Mera refugee camp in
northwestern Thailand under the U.N.-promoted third-country resettlement
program.

In Tuesday's orientation session, the participants were taught how trash
should be separated into categories such as combustibles and recyclable
plastics when taking them out, and what kind of clothing is recommended to
be worn during each season.

Some of the participants also learned how to say parts of the face in
Japanese, including eyes, nose and ears, and practiced writing the words
down in Japanese hiragana characters.

The Japanese government decided in December 2008 to accept a total of
about 90 Myanmar refugees over three years from 2010 under the
resettlement pilot project and became the first Asian country to accept
refugees under the program.

After about half a year of government-funded orientation to learn basic
Japanese as well as the country's customs, the refugees will have to find
places to settle as well as employment and education opportunities.

Experts say the orientation period is insufficient because without
adequate Japanese-language abilities, the refugees could face hardship in
finding work other than low-wage jobs.

____________________________________
OPINION / OTHER

October 19, Reuters
CHRONOLOGY - Myanmar's troubled political history

Myanmar's military government will hold a multi-party election on Nov. 7,
its first in two decades in a country that has not seen democracy for 48
years.

Here is a chronology tracing the former Burma's long and rocky road to
civilian rule.

- July 19, 1947 - General Aung San, the architect of Burma's independence
from Britain, is assassinated in Yangon along with six members of his
pre-independence cabinet.

- Jan 4, 1948: The Union of Burma declares independence. A new charter
establishes a bicameral parliament.

- March 1962: General Ne Win launches a military coup. He discards the
constitution and establishes a Revolutionary Council of military leaders
who rule by decree.

- March 1974: A new constitution transfers power from the armed forces to
a People's Assembly of former military leaders headed by Ne Win. It allows
for a unicameral legislature and one legal political party. Ne Win is
installed as President.

- 1988: Ne Win resigns as decades of economic strife and ethnic tensions
boil over into anti-government riots in which more than 3,000 people are
killed. The military takes direct power under the name the State Law and
Order Restoration Council (SLORC), and annuls the constitution.

- June 19, 1989: The military government changes the official name of the
country from Burma to the Union of Myanmar.

- July 20, 1989: - Aung San's daughter, Aung San Suu Kyi, leader of the
National League for Democracy (NLD) party, is placed under house arrest
for "endangering the state".

- May 27, 1990: The NLD wins 392 of 485 seats in the first multi-party
general election since 1960.

- June 19, 1990: SLORC chief Saw Maung rules out a quick transfer of
power, saying a new constitution is needed first.

- Oct 14, 1991: Suu Kyi is awarded the Nobel Peace Prize, while under
house arrest.

- 1992: Senior General Than Shwe becomes head of the junta and prime
minister. Plans for a new constitution are announced.

- Jan 9, 1993: A National Convention on a new constitution is abruptly
adjourned after delegates oppose a clause stating the military must have
the leading political role.

- July 10, 1995: Suu Kyi is freed after four years and 355 days under
house arrest.

- Nov 28, 1995: Convention reconvenes. NLD pulls out, saying the process
does not represent the will of the people.

- July 29, 1997: Myanmar's foreign minister says a new constitution is
being finalised, a week after the country joins the Association of South
East Asian Nations (ASEAN).

- Nov 15, 1997: SLORC changes its name to the State Peace and Development
Council. The 19-member SPDC includes former SLORC chairman Than Shwe and
intelligence chief Khin Nyunt.

- Sept. 22, 2000 - Suu Kyi is placed under house arrest.

- May 6, 2002: Suu Kyi is released.

- Aug 30, 2003: New Prime Minister Khin Nyunt announces a 7-step "roadmap
to democracy", but gives no firm timetable.

- May 30, 2003 - Suu Kyi is placed under "protective custody" in her home
after her motorcade was attacked by pro-junta thugs.

- May 17, 2004: National Convention reconvenes without the NLD, which
boycotts talks while Suu Kyi is under house arrest. The process stutters
for three years and makes little progress.

- Sept. 3, 2007: Convention completes work after 14 years working out the
broad outline of a "disciplined" democracy.

- Oct 18, 2007: Junta appoints 54-member commission, mostly military
officers and civil servants, to draft a constitution.

- Aug-Sept, 2007: A sharp rise in fuel prices sparks the biggest protests
in 20 years. Monk-led demonstrations are crushed by soldiers, killing at
least 31 people and sparking international outrage and more sanctions
against the regime.

- Feb 9, 2008: Junta announces referendum on new constitution in May,
followed by multi-party elections in 2010. Critics call it a sham aimed at
deflecting international pressure.

- May 10/May 26, 2008: Referendum takes place on two dates, because of a
hurricane that left 134,000 dead or missing in the Irrawaddy delta. The
regime declares 92.48 percent of voters backed the constitution, with a
turnout of 98.1 percent.

- March 9, 2010: Government announces the first of five election laws,
including one that bans serving prisoners, including Suu Kyi, from
involvement. The Union Election Commission (UEC) is later appointed to
oversee the polls.

- March 11, 2010: Junta annuls the result of the 1990 polls it ignored,
saying the vote breached election laws that were published 19 years later.
No election date is announced.

- March 29, 2010: NLD members vote unanimously to boycott the polls over
"unfair and unjust" election laws.

- April 26, 2010: At least 27 government ministers, including premier
Thein Sein, resign from their military posts to run as civilian candidates
in a new political party, the Union Solidarity and Development Party
(USDP)

- May 7, 2010: Deadline passes for existing parties to re-register. The
NLD fails to sign up and is effectively disbanded. A new party of renegade
NLD members, the National Democratic Force (NDF), is formed, a move that
angers Suu Kyi.

- Aug. 14, 2010: UEC announces the election will take place on Nov. 7, a
week before the scheduled release of Suu Kyi. Parties complain they have
insufficient time to prepare.

- Aug 27, 2010: A military reshuffle list is leaked showing that dozens of
generals have been retired to join pro-junta political parties. No
announcement is made. Rumours swirl that Than Shwe had also resigned to
become a presidential candidate.

- Aug 31, 2010: Deadline passes for parties to submit candidates. Proxies
of the junta say they will contest nearly all of the 1,158 constituencies.
The biggest pro-democracy party, the NDF, says it has the means to run in
only 166 constituencies.

- Sept 14, 2010: UEC gives the green light to 37 parties to run in the
polls, but only two -- both of which are pro-military -- will contest more
than 14 percent of the seats.

- Sept 16, 2010: UEC announces voting has been scrapped in hundreds of
villages in ethnic regions where the political climate "is not conducive
to free and fair elections".

- Sept 24, 2010: A local UEC source says Suu Kyi's name is on the list of
eligible voters, even though the constitution bars prisoners from the
ballot. Suu Kyi later says she will not vote.

- Oct. 18, 2010: The UEC says all foreign journalists and observers will
be banned from overseeing the polls. The UEC said observers were not
needed because Myanmar had "abundant experience" in holding elections".

(Compiled by Bangkok Newsroom; Editing by Jason Szep)

____________________________________

October 19, Human Rights Watch
EU: Act on UN Inquiry into International Crimes in Burma

(New York) - Governments concerned about war crimes and crimes against
humanity in Burma should move beyond mere condemnation and establish a
United Nations commission of inquiry as follow-up to a UN expert's report
on Burma released today, Human Rights Watch said today. In a letter to
European Union High Representative Catherine Ashton released today, Human
Rights Watch called for Ashton and the EU to back the report of the UN
special rapporteur on Burma, Thomas Quintana, and show leadership in
support of a commission of inquiry.

More than 12 countries have publicly supported a commission of inquiry
into violations of international humanitarian and human rights law in
Burma, including EU member states such as the United Kingdom, France,
Netherlands, the Czech Republic, Slovakia, Ireland, as well as the United
States and Canada. The EU is the lead sponsor of the annual Burma
resolution at the UN General Assembly, which is currently in session in
New York.

"Expressions of support for a UN commission of inquiry in Burma are mere
lip service if not followed-up by action at the highest levels of the EU,"
said Lotte Leicht, EU director at Human Rights Watch. "A commission of
inquiry needs determined diplomatic engagement by EU institutions, the 27
member states, and others to rally global support for a successful UN
resolution."

In its letter, Human Rights Watch expressed disappointment with Ashton's
apparent lack of interest in strong and timely EU action on a commission
of inquiry in Burma. Human Rights Watch urged Ashton to provide leadership
and coordinate demarches to mobilize support for a commission of inquiry.
Based on past experience, such as establishing a commission of inquiry for
Darfur in Sudan, the EU's determination to act on accountability issues at
the UN can produce results, Human Rights Watch said.

Burma's security forces have committed deliberate attacks on civilians,
summary executions, sexual violence, torture, use of child soldiers,
attacks on populations' food supplies, forced displacement of populations,
and use of anti-personnel landmines. Ethnic minority armed groups have
been responsible for summary executions, used child soldiers, and deployed
anti-personnel landmines. These abuses have gone unpunished for decades.

"After almost 20 years of UN resolutions condemning what amounts to war
crimes in Burma, real accountability is needed to end the cycle of
impunity," said Leicht. "Burma's courageous civil society activists,
monks, students, ethnic minorities, and opposition leaders have called for
an international commission of inquiry. They won't get a democratic
government on November 7, but the UN can take a first step to ensure
justice and that it will no longer be cost-free to continue committing
human rights abuses."

In his latest report released on October 18, Quintana expanded and
strengthened his call for a commission of inquiry. His report states: "If
the Government fails to assume this responsibility [to investigate
international crimes], then the responsibility falls to the international
community... [T]he United Nations can establish a commission of inquiry
into crimes against humanity through resolutions adopted by the Human
Rights Council, the General Assembly or the Security Council, or the
Secretary-General could establish it on his own initiative. Justice and
accountability are the very foundation of the United Nations system rooted
in the Universal Declaration of Human Rights which calls for an
international order in which the rights and freedoms set out in the
Declaration can be fully realized. Failing to act on accountability in
Myanmar will embolden the perpetrators of international crimes and further
postpone long-overdue justice."

"Combating impunity for war crimes is one of the EU's stated priorities,
and its 27 member states and the high representative should heed
Quintana's call for justice by vigorously pursuing the establishment of an
international commission of inquiry," said Leicht. "Victims of
international crimes in Burma deserve nothing less."

____________________________________
PRESS RELEASE

October 19, Burma Medical Association, National Health and Education
Committee, Back Pack Health Worker Team
Women and children bear brunt of health crisis in eastern Burma

A new report released today reveals that the health of populations in
conflict-affected areas of eastern Burma, particularly women and children,
is amongst the worst in the world, a result of official disinvestment in
health, protracted conflict and the abuse of civilians

The report Diagnosis: Critical, based on a survey by community health
organisations of over 27,000 people in eastern Burma, shows that over 40%
of children suffer from malnutrition and 60% die from preventable disease.
One in fourteen women is infected with malaria, one of the highest rates
of infection in the world.

One in seven children in eastern Burma will die before age five, almost
double Burma’s official figures, which are amongst the worst in the world.
The maternal mortality ratio is triple the official national figure.

Amongst surveyed populations, almost one third had experienced human
rights abuses in the preceding year, especially forced labor and
displacement. These abuses serve as major drivers of the health crisis as
children in displaced families were three times more likely to suffer from
acute malnutrition and 60% more likely of suffering from diarrhea. The
odds of children dying before age one were doubled in households forced to
provide labor.

“The inability of the peoples of eastern Myanmar to enjoy basic rights is
killing them,” said Dr. Sriprapha Petcharamesree of Thailand’s Mahidol
University. “However, these realities are not confined to Myanmar alone as
the burden of these abusive policies is borne by members of ASEAN and
beyond”

In the absence of state-supported health infrastructure, community-based
groups are working to improve access to health services in their areas.

Dr Cynthia Maung, a leading physician amongst indigenous health providers,
says, “It is a crime that so many in eastern Burma, particularly women and
children, are dying of preventable and treatable diseases. We are doing
what we can to help, but without an end to the regime’s abuses, this
health crisis will continue.”

The report findings are further evidence for the urgent need for a
Commission of Inquiry to investigate Crimes against Humanity in Burma.  At
the same time, ongoing community efforts must be supported to continue
saving lives in eastern Burma.

For more information please contact:
- Dr. Cynthia Maung    phone.   +66 (0) 89 961 5054        email:  
win7 at loxinfo.co.th
- Mahn Mahn                phone.    +66 (0) 87 943 8750

To see the full report please visit: www.backpackteam.org/ or: 
www.maetaoclinic.org/

____________________________________
INTERVIEW

October 19, Irrawaddy
The Kachin 'Nakba' – Ko Htwe with Bauk Ja

Bauk Ja is a Kachin farmer who was displaced from her land in the Hukawng
Valley in December 2008. It was seized by Burma's military authorities and
redistributed to the Yuzana Company as part of a massive agriculture
project in the region.

The chairman of Yuzana is Htay Myint, one of Burma's wealthiest
businessmen, who is targeted with sanctions by the US and the EU as a
military crony.

Bauk Ja is just one of 600 farmers who suffered a similar fate between
2006 and 2008, and who did not receive full compensation. Bauk Ja was
popularly elected as a spokesperson for one group of 148 farmers to stand
up for their rights. They have filed a lawsuit against Htay Myint.

Last week, the State Court in Myitkyina announced that it was exonerating
the company chairman from prosecution. Bauk Ja has vowed to fight on and
appeal the decision.

She will contest next month's election in Phakant Township in Kachin State
as a candidate for the National Democratic Force (NDF), a political party
founded by former leaders of Aung San Suu Kyi's National League for
Democracy (NLD).

Irrawaddy reporter Ko Htwe recently interviewed Bauk Ja and spoke about
about the ongoing court case and the forces they are fighting against.

Question: What is the latest news about the lawsuit?

Answer: on Oct. 12, the court in Myitkyina threw out our lawsuit against
the Yuzana Company chairman. It said, however, that it would allow a case
to be filed against the director of the company. But we cannot omit the
chairman of the company from our lawsuit because he is responsible for
everything related to his company. The director is below the chairman on
the company ladder. So, we will continue to sue him personally in our
lawsuit at the Division Court in Mandalay.

Q: What response have you had from the local authorities?

A: First, a group of 148 farmers filed a lawsuit in August to claim
adequate compensation from the Yuzana Company because the company had
confiscated the farmers' land and razed it [for sugar cane and tapioca
cultivation]. Yuzana reacted to the lawsuit by convincing individual
farmers to drop the case in return for payments of 80,000 kyat [US $80]
per acre.

The local authorities said they would mediate the case, so we agreed.
However, it turned out that 'mediation' involved intimidation and physical
abuse. We asked for adequate compensation, but the authorities said they
would only pay 80,000 kyat per acre, and the farmers who accepted had to
sign an agreement that they would not participate in the lawsuit. However,
when they handed over the money, it was less than they had agreed so many
farmers refused to take it.

As for those who want their land back, they were displaced to an area with
rocky land where they couldn't grow anything. Many refused to accept it.
As a result, many farmers were interrogated by the police; they were taken
in around midnight and accused of being criminals. Some were so physically
abused that they relented and signed the agreement.

Because of the intimidation—including prison sentences—and physical
abuses, there are now only 17 of us left who have not accepted either the
money or the rocky land. But we will fight on with our lawsuit.

Two more groups of farmers have already filed lawsuits claiming
compensation. A third group, representing 46 farmers, filed a lawsuit last
Thursday. The court is due to reconvene on Oct. 20.

We have submitted a written complaint to various offices since the land
confiscations began. We have submitted it to the township level, the state
level and to Naypyidaw. Finally, we sent it to the International Labour
Organization (ILO). Then we filed a lawsuit at the State Court.

Q: Do you think farmers will be given their land back?

A: We farmers depend on our land for agriculture. It is our livelihood and
our life. Without land, we have nothing. That's why we referred the matter
to court.

Although my land was also confiscated, I have not suffered as much
hardship as some others because my family has other businesses. However, I
couldn't stand hearing farmers crying every day and seeing their despair
and their tears. That's why I became involved in the lawsuit.

Q: When did you send your complaint to the ILO?

A: It was in May. We still haven't heard anything though.

Q: What do you want to say publicly to the authorities about this case?

A: We are not sure if the authorities have turned a blind eye or are just
pretending that they don't know anything about the land confiscation. We
have repeatedly informed them about our plight but they haven't done
anything. It is as if the State and the Yuzana Company are one and the
same.