Burma Update
News and updates on Burma24 August 2010
News on Burma - 24/8/10
Veteran Myanmar politician says gov’t party to win The Associated Press: Mon 23 Aug 2010 YANGON, Myanmar — A veteran politician contesting Myanmar’s upcoming elections said Sunday the political party backed by the ruling military junta will easily win the most seats because challengers face financial and other handicaps. Thu Wai, chairman of the newly formed Democratic Party (Myanmar), said the challenger parties can field candidates in less than half of the national and regional constituencies. But the junta’s backing gives the Union Solidarity and Development Party, led by Prime Minister Thein Sein, access to money and a national presence, and the party is widely expected to receive the most votes. The Nov. 7 elections are the first in impoverished Myanmar in two decades. The National League for Democracy party of detained democracy leader Aung San Suu Kyi, which overwhelmingly won the last elections in 1990 but was barred by the military from taking power, has decided to boycott the polls. “By creating obstacles to other political parties before the election, it won’t be necessary to cheat or rig votes in the election as the USDP is getting the upper hand. Thus voting (itself) will be free and fair,” Thu Wai said. All candidates contesting the polls must pay the Election Commission a deposit of 500,000 kyat ($500), more than half a year’s salary for an average schoolteacher. Thu Wai, 77, is a longtime democracy activist and former political prisoner. His party’s executive secretaries include former Prime Minister U Nu’s daughter Than Than Nu, former Prime Minister Ba Swe’s daughter Nay Yee Ba Swe, and Cho Cho Kyaw Nyein, the daughter of a former deputy prime minister. Thu Wai said that out of the more than 1,100 seats in the national parliament and regional parliaments, other political parties may be able to field candidates in just 500 constituencies, leaving more than half uncontested. “Since the Election Commission has given us only two weeks to submit the candidate list, our capacity to field candidates has been greatly reduced, as we are short of cash and time,” said Thu Wai, adding that his party may be able to field around 100 candidates, though it had planned on more. Some 47 political parties have registered to contest the elections and so far 41 have been permitted. Election laws passed ahead of the voting have been criticized as undemocratic by the international community. They effectively bar Nobel Peace Prize laureate Suu Kyi and other political prisoners – estimated at more than 2,000 – and members of religious orders from taking part in the elections. Suu Kyi’s party was automatically disbanded under the laws for refusing to register for the elections. Numbers stacked against Myanmar opposition, party leaders say Asia-Pacific News: Mon 23 Aug 2010 Yangon – Myanmar’s pro-democracy parties are set to field candidates in only around half of the constituencies in November’s election, due to the limited time and resources available for preparation, political sources said Sunday. The shortage of opposition candidates could leave their junta-backed rivals running unchallenged for many of the seats in the lower and upper house and regional parliaments, in Myanmar’s first general election for 20 years. ‘We have about 100 candidates, and I think altogether there will be about 500 candidates for all the democratic forces,’ said Cho Cho Kyaw Nyein, secretary of the Democratic Party. ‘The total candidates required for all constituencies and all parliaments are about 1,100,’ said Cho, who complained that parties had not been given enough time to prepare. The polls, scheduled for November 7, were only announced on August 13. Funds were also lacking to register enough candidates, he said. ‘To register one candidate costs 500 dollars which is a huge amount in a poor country like Burma,’ Cho told the German Press Agency, dpa. ‘Meanwhile, the junta-backed Union Solidarity and Development Party [USDP] is very rich, with full support from the government. We can’t compete with them.’ The USDP, which claims to have about 26 million members in a country of 60 million, on Friday opened about 400 offices nationwide. The party, led by ex-military officers, is deemed the political wing of Myanmar’s military establishment which was ruled the country since 1962. ‘USDP will compete in all places, but we can’t. That means USDP will win without any competitions in some constituencies,’ Democratic Party chairman Thu Wei told a press conference. The Democratic Party is led by Than Than Nu and Nay Yee Ba Swe, daughters of ex-Prime Minister U Nu, and Nay Phoo Ba Swe, daughter of ex-Prime Minister Ba Swe. The party is closely allied with the National Democratic Force party, a breakaway faction of the National League for Democrcay (NLD), led by Aung San Suu Kyi, daughter of Myanmar independence hero Aung San. The NLD and Suu Kyi said they plan to boycott this year’s polls. Myanmar last held a general election in 1990, which was won by the NLD. But the military have blocked the NLD and Suu Kyi from power for the past two decades. Few observers expect November’s election to bring about genuine democracy. A clause in the new constitution allows the military control over any future elected government by making the upper house of the National Parliament a partially junta-appointed body with veto power over legislation. Burma suspends visas on arrival before election Radio Australia: Mon 23 Aug 2010 Burma’s military junta has suspended visas on arrival for tourists from September. The suspension is being seen as a move by the junta to prevent outside reporters and monitors from entering the country ahead of the November 7 elections. Many foreign journalists traveled to the country on tourist visas during a monk-led political protest in 2007 and when Cyclone Nargis hit in 2008. Journalists and observers granted official visas are accompanied by minders, thus restricting movement and observation. Burma has yet to respond to the regional group ASEAN’s offer to send observers during the elections. The elections, the first since 1991 are widely seen as an elaborate charade aimed at cementing the army’s grip on power and attracting investment. http://www.radioaustralianews.net.au/stories/201008/2991324.htm?= Junta sets new BGF deadline for ethnic armed groups – Hseng Khio Fah Shan Herald Agency for News: Mon 23 Aug 2010 The ruling Burmese military junta has scheduled another deadline on the Border Guard Force (BGF) issue for two of Burma’s ethnic ceasefire groups: the United Wa State Army (UWSA) and the National Democratic Alliance Army (NDAA) aka Mongla group at its latest meeting on 20 August, according to sources from the Sino-Burma border. The two have been ‘instructed’ to give their acceptance on transforming themselves into the BGF by the first week of September, said a source from Shan State North’s Tangyan, where the meeting between the UWSA and Lt-Gen Ye Myint, Chief of Military Affairs Security (MAS), was held. In keeping with Naypyitaw’s invitation, the UWSA and NDAA on 20 August met junta’s negotiators led by Lt-Gen Ye Myint and Maj-Gen Kyaw Phyoe, Commander of Golden Triangle Region Command respectively on the same day, but at different venues. The UWSA led by Bo Lakham, Chairman of the Political Consultative Conference, met Lt-Gen Ye Myint at Tangyan, 83 miles southwest of Shan State North’s capital Lashio for about half an hour from 9:30 to 10:00 and the NDAA led by its Vice Chairman Khun Hsang Lu and Sai Kham Mawng, Deputy Commander of General Staff, met Maj-Gen Kyaw Phyoe at Shan State East’s capital Kengtung at 13:00 (local time). “At the meeting between Ye Myint and the UWSA, Ye Myint said that the election was drawing near so he would urge the UWSA to reconsider its decision on the BGF before the polls,” the source said. If the groups failed to convert themselves into BGF by the deadline again, it will be automatically designated as “an unlawful association or illegal organizations.” Nevertheless, Panghsang was said to have given no response to Ye Myint other than saying they were not authorized to make any decision without their supreme leader’s guidance. Mongla was given the same message like Panghsang, said an informed source. “The group just said that they had nothing new to inform.” Concerning the BGF program, many deadlines had been set for the ceasefire groups, and the latest was 28 April 2010. But after the 28 April deadline, the junta and ethnic ceasefires groups met a couple of times; one was in May and the second was in June 22. According to the resolution from the 22 June meeting, there would be no new deadline for the groups because the military junta would just hand it over to the new government to handle if the elections are held. Anti-BGF programme groups are: the UWSA, the MNDAA, Kachin Independent Army (KIA), Shan State Army (SSA) ‘North’’s First Brigade, the Kayan New Land Party (KNLP) and New Mon State Party (NMSP). All decided to remain unchanged unless their autonomy demands are met and they will not also support or participate in the general elections. The UWSA and NDAA said they will be up holding the following four principles: 1) will not surrender, 2) will not transform into BGF unless their autonomy demands are met, 3) will not shoot first, but they are ready to protect themselves and they will not secede from the Union, sources said. State censor bans use of bamboo-hat logo – Khai Suu Mizzima News: Mon 23 Aug 2010 New Delhi – Burma’s state censor has banned news journals using in their reporting the seal and logo of the party that broke away from Aung San Suu Kyi’s National League for Democracy party, National Democratic Front party leader Khin Maung Swe said. The Press Scrutiny and Registration Division, the Burmese junta’s censor board had cut the NDF’s bamboo-hat logo from interviews and news presented by Rangoon-based journals Monitor, Hot News and The Voice weekly since the first week of this month, he said. “Some journals could report only interviews; some journals could report both interviews and use the logo. The journals replied that the logo was deleted by the censor board when it was contacted,” NDF party leader Khin Maung Swe told Mizzima. Sources close to the journals confirmed the ban. “We presented our draft copy of interviews and the bamboo-hat logo but the censor deleted both interviews featuring the NDF and the logo,” an editor with links to these journals said. “We can print the seals and logos of other parties … As far as we know, they even turned down the draft copy attached with the clippings of state-run media bearing this logo,” a source close to Hot News told Mizzima. The NDF said the censor had restricted news coverage containing its logo, though the seals and logos of other parties remained unaffected by the restriction, adding that the party should be allowed the same freedoms as other officially registered parties. The party said the logo and seal was permitted in the media only when the dispute between the NDF and NLD arose. The Monitor denied the claim. “Why should the logo recognised and permitted by the [election] commission be banned? No, the censor board permitted our journal and other journals to cover the news and its logo,” Monitor editor-in-chief Myat Khaing told Mizzima. Last month’s issue of the journal was allowed to cover NDF news and use its logo and bamboo hat. Censor board section head Yu Yu Win said: “I think this logo might also have appeared in other journals. We permit these logos if they are officially recognised by the [electoral] commission. I can say only this.” The dispute of using this logo arose when the NDF applied for party registration with the electoral commission, which permitted use of the logo. The commission however failed to communicate its approval to the censor board, a source close to the censor said. Similarly, Snapshot journal was barred from running an interview with NDF party chairman Dr. Than Nyein two months ago, a source close to the journal said. “It seems the authorities are building more hurdles … for our election campaign as the polling date draws nearer,” Khin Maung Swe said. The NDF will field about 100 candidates in the election, which is to be held on November 7. Two major Indonesian banks to open offices in Myanmar Xinhua General News Service: Mon 23 Aug 2010 Two major Indonesian banks are planning to open offices in Myanmar to help promote bilateral trade relations between Indonesia and Myanmar, the local Flower News quoted the Indonesian Embassy as reporting Monday. The report did not name the banks intending to make the move. Entrepreneurs from Myanmar and Indonesia have been seeking bilateral economic and trade cooperation with an Indonesian economic delegation having met with businessmen from the Union of Myanmar Federation of Chambers of Commerce and Industry in Yangon in February this year to discuss further prospects for such cooperation. The Indonesian entrepreneurs were made up of those from various sectors such as foodstuff, textile, construction materials, furniture, handicraft, mines, medicine and medical equipment, cosmetic, airline and lubricant, As part of their efforts to boost bilateral economic and trade cooperation, Myanmar and Indonesia have sought direct trade link, direct banking transaction and direct Yangon-Jakarta air link. So far, the two countries are trading through Malaysia, carrying out banking transaction through Singapore and connecting without direct air link. Indonesia has established the first direct sea trade route with Myanmar operating between Jakarta and Yangon in a bid to broaden its network in the Southeast Asian region. The route enables Myanmar export goods to be shipped directly to Indonesia without requiring to transit through intervening ports. Direct trade link between Bandung and Yangon is also being sought. Indonesia is Myanmar’s fourth largest trading partner among members of the Association of Southeast Asian Nations (ASEAN) after Thailand, Singapore and Malaysia, having a bilateral trade with Myanmar standing 178.8 million U.S. dollars in the fiscal year of 2009-10 which ended in March. Indonesia’s exports to Myanmar amounted to 140.8 million dollars, while its imports from Myanmar were valued at 38 million dollars, according to Myanmar official statistics. Burma-Timor Leste forge closer ties – Simon Roughneen Irrawaddy: Mon 23 Aug 2010 Bangkok — Burma Foreign Minister Nyan Win concluded a three-day goodwill visit to Timor Leste on Sunday, after being met by protestors at Dili’s international airport on Friday. According to a Timorese journalist who requested that his name not be used, a small group of mainly university students clashed with police at Presidente Nicolau Lobato Airport on Friday. Juvinal Diaz, who attended the demonstration, said that although the rally was peaceful, police seized banners and placards protesting the visit. Nyan Win was unable to leave the airport for more than an hour while the demonstration took place. The visit comes as Timor Leste, the official name for the country also known as East Timor, continues its quest for membership in the Association for Southeast Asian Nations (Asean). Dili needs agreement from all current Asean member-states before it can join. Speaking on Friday, Timor Leste President Dr. Jose Ramos-Horta said, “We want to increase our relations,” adding that “this is in accordance with Timor-Leste policy, which aims to improve relations with neighboring countries.” Timorese Foreign Minister Zacarias da Costa will visit Burma soon, according to Ramos-Horta, to foster commercial ties between the two countries. Timor-Leste is highly import-dependent, with little more than a subsistence, non-oil economy. Timor’s energy revenues are paid into a national petroleum fund, aimed at ensuring responsible and sustainable spending and retaining sufficient cash after offshore oil and gas reserves are depleted. While the current government has been criticized for over-spending from the reserves, the system is in marked contrast to the opaque natural resource economics in Burma, which exports most its oil and gas. As seen by the airport demonstration, not everybody is happy with Dili’s attempts to form a closer relationship with the military government in Naypyidaw. Zoya Phan,the international coordinator at Burma Campaign UK, told The Irrawaddy that she believes Nyan Win’s visit to Burma is part of the junta’s campaign to gain recognition for the upcoming Nov. 7 elections, which have been dismissed for their restrictive campaign measures. She said, “East Timor should reject this fake election and pressure him [Nyan Win] to enter into genuine negotiations with democracy forces and ethnic groups.” Timor-Leste is a former Portuguese colony which was invaded by Indonesia shortly after the fall of the military dictatorship in Lisbon in 1974, which brought about Portugal’s rapid withdrawal from its colonies. An estimated 200,000 Timorese, out of a population of around 700,000, died during the occupation, which lasted until 1999. The country’s post-independence Constitution says that Timor-Leste should show solidarity with other oppressed people’s around the world. In the past, Ramos-Horta has vociferously condemned the policies of the Burmese junta. Ramos-Horta shared the Nobel Peace prize with Bishop Carlos Belo in 1996, five years after Burma’s jailed pro-democracy leader Aung San Suu Kyi won the same award. During Nyan Win’s weekend visit, Ramos-Horta said that a national dialogue toward reconciliation in Burma should be implemented, and that Aung San Suu Kyi should be freed to participate. The statements echo remarks he made in February, when welcoming the new Burmese ambassador. Asean membership would require Timor-Leste to accede to various economic and free trade agreements, though not necessarily immediately. However, some membership provisions could adversely affect Dili’s scope to develop its non-oil economy, according to Shona Hawkes of La’o Hamutuk of the Timor-Leste Institute for Development Monitoring and Analysis. Nyan Win’s Dili trip came directly after an official visit by Singapore’s Foreign Minister George Yeo, who encouraged Singaporean businessmen to visit Timor-Leste. He was reported in Singaporean media as saying, “We want Timor Leste to do well, to show that other small countries facing difficult circumstances can also succeed.” However, Yeo reportedly poured cold water on Dili’s Asean membership bid, which may mean ambitions to join the bloc by 2012 will not be realized. Shona Hawkes told The Irrawaddy that although Timor-Leste has made a start on its Asean membership, apparently some member-states have concerns that Dili lacks the resources to attend and contribute to the bloc’s 800-plus meetings per year. Nonetheless, Dili will host Asean Regional Forum gatherings in November and December, with Thailand supporting the staging of the 5th ARF Experts and Eminent Persons Meeting. Election results will be predictable – Ba Kaung Irrawaddy: Mon 23 Aug 2010 Burma’s election results, to some degree, will be predictable by Sept. 10, when the Election Commission formally approves political party candidates who will seek parliamentary seats in the election. The latest data suggests that of the 1,187 seats in the national and regional parliaments, opposition parties will be able to contest less than 500 seats, because of budget, time and other constraints. On the other hand, the junta’s largest proxy parties, the Union Solidarity and Development Party (USDP) and the National Unity Party (NUP), are now prepared to contest in all seats nationwide and will automatically win in the uncontested seats under the election laws. “There will be no ballot box in those areas where there is a single candidate for the USDP,” said Than Min Soe, the spokesperson for the Union Democratic Party (UDP). “We’ll know the results on Sept. 10.” With the candidate registration deadline expiring on Monday, three pro-democracy political parties in Rangoon—the National Democratic Force (NDF), the Democratic Party (Myanmar) and the Union Democratic Party (UDP)—have so far drawn up a combined list of 230 candidates. Both the NDF and Democratic Party (Myanmar) now claim to have 100 candidates, while the UDP has 30. Despite its list of 30 candidates, the UDP might field only three candidates if the regime does not respond by Wednesday to its recent request for clarification on how the 2008 Constitution would function following the election. “Without being clear about that process, it is pointless to compete for many seats in the election,” said a UDP spokesperson, adding that its decision to field only three candidates would be to prevent the party from being abolished according to the election laws. With a list of 100 candidates, the NDF leaders, who are former members of Aung San Suu Kyi’s National League for Democracy party (NLD), are still waiting for the response of the EC for its request to postpone the candidate registration deadline so that it can field more candidates, according to party chairman Dr. Than Nyein. “The election commission has not responded to our request yet,” he said. He also said there’s a growing possibility that the junta’s largest proxy party, the USDP, could end up with a sweeping victory nationwide. Asked if he regretted his decision to run in the election, Than Nyein said: “Not at all. We will face whatever challenges lie ahead.” Currently, many opposition political parties are worried about the candidate registration process. The chairman of the Democratic Party (Myanmar), Thu Wai, said that a candidate who seeks to represent a particular constituency must live in the constituency. “I live in Shwepyithar Township, but because I wish to run in Pazundaung Township, I have to change my address so that I can register myself as a candidate for that area,” he said. The residency restriction was not included either in the election laws or the latest rules announced by the election commission. Most areas in which the Rangoon-based pro-democracy parties will not seek to compete are in ethnic areas. There is little hope that local ethnic parties not aligned with the government will be able to field many candidates to compete against the USDP, due to financial and other constraints. Potentially the largest ethnic party, the Shan National Democratic Party (SNDP), will compete for 150 seats while the Rakhine National Development Party (RNDP) will contest in 15 townships in Arakan State, where the election commission designated a total of 17 constituencies. This week, RNDP leaders complained that members of the party have been harassed by local authorities this month. “My sister and brother were questioned by the local police although they are not involved in politics,” said Khine Pyi Soe, the secretary of the RNDP. A number of ethnic parties will not challenge the USDP candidates because they were organized by either retired regime military or civilian officials, including the Kayin Peoples Party led by Saw Htun Aung Myint, a former navy colonel; the Chin Progressive Party (CPP) led by Hlung Kyae, also a former police colonel; and the Kachin Party led by Kya Hting Nan, a former organizer of the Union Solidarity and Development Association (USDA) in Myitkyina. On Monday, state-run newspapers reported that the regime Prime Minister Thein Sein, who leads the USDP, asked voters to “prevent any destructive acts so the election will meet with success.” The remark followed the official announcement by NLD officials last week that they would boycott the election. Ethnic leaders who were elected in the 1990 election, but who decided not to run in the election this year, also said they would conduct a campaign to inform local people of their legal right not to vote. “Starting next month, I will go back to Chin State to explain that to our people,” said Chin Sian Thang, the chairman of Zomi National Congress, a Chin political party which contested in the 1990 elections. Forty-two political parties have been approved by the Election Commission to compete in the Nov. 7 election. In a press conference on Sunday, the chairman of the Democratic Party, Thu Wai, said: “By creating obstacles to other political parties before the election, it won’t be necessary to cheat or rig votes in the election because the USDP now has the upper hand. Thus the voting itself could be free and fair.” Is Burma on the verge of transformation? – David I. Steinberg Washington Post: Mon 23 Aug 2010 The United States decided this week to support the creation of a United Nations commission of inquiry into the Burmese military regime’s crimes against humanity and war crimes. That human rights violations have occurred is clear, and many have noted that the Burmese junta’s restrictions on its upcoming elections make it all but certain the generals will retain power. The real dilemma is whether it is better to express moral outrage at these offenses or to hold off, presuming the possibility of eventual change under a new government. The options for nation states to express moral outrage are well established: sanctions, war crimes trials, embargoes. These are also tactics designed to achieve certain ends: liberalization, increased human rights, regime change or other indicators of progress. The key question for U.S. officials ahead of Burma’s Nov. 7 elections is: Will actions such as imposing new sanctions or endorsing a commission of inquiry improve the lot of the Burmese? Will they help further U.S. strategic and humanitarian objectives in that society and region under a revised government? The Burmese constitution all but guarantees that its military will remain in command after the elections; by law, 25 percent of seats are reserved for the military. The voting for national and local legislatures will occur before opposition leader Aung San Suu Kyi is to be released from house arrest, and many in her now-defunct National League for Democracy have pledged not to campaign in the biased elections. Further, the generals have legal immunity from in-country prosecution for all acts committed in official capacities. Despite all this, it is likely that some members of the opposition — in modest numbers — will be among those seated in the central and local legislatures next year — marking the first time opposition voices would be legal in Burma since 1962. It seems likely that political prisoners will be freed around the time of the elections so that they cannot “interfere” with that controlled process. There have also been indications that badly needed economic reforms could be instituted by the next Burmese administration and that civilians could play significant roles in the government. Essentially, it is possible that in Burma in the near future, we may see the transformation of a “soft authoritarian” state into one that is more pluralistic, including with some legal opposition legislators. In Burmese military lingo, it may be a “discipline-flourishing democracy” — but not a democracy unencumbered by deleterious adjectival modifications. The plight of the Burmese people has long distressed many. But imposing additional sanctions on Burma’s regime or forming still more commissions will only salve our consciences. Neither will help the Burmese people, persuade the government to loosen its grip on the population, or even assist the United States in meeting its strategic or humanitarian objectives. In fact, such moves would hinder negotiations and relations with a new government that, even if far from a model for governance, would probably give the Burmese more political voice and freedom than they have had in half a century. If our concerns are for the well-being of the people and U.S. national interests in the region, then we might well wait for the elections and whatever government comes into power. Then will be the time to judge whether there has been a step forward and how to achieve our goals. * David I. Steinberg, a professor of Asian studies at Georgetown University’s School of Foreign Service, is the author of “Burma/Myanmar: What Everyone Needs to Know.” Myanmar lays down stringent campaign rules for November election Associated Press: Thu 19 Aug 2010 Yangon, Myanmar — Myanmar has published stringent rules for November’s general election that demand candidates seek permission a week in advance to campaign, do not make speeches that “tarnish” the ruling military or shout slogans at processions. The 13-point list of campaigning regulations decreed by the state Election Commission would guarantee a “free and fair” vote, according to the state-run New Light of Myanmar newspaper which published the rules Thursday, a week after the Nov. 7 election date was set. The vote will be the first in impoverished Myanmar in two decades. The party of detained democracy leader Aung San Suu Kyi, which won the last election in 1990 but was barred from taking power, decided to boycott this year’s vote. They say the junta unfairly imposed rules that restrict campaigning and bar the Nobel Peace Prize laureate and other political prisoners from participating. Many Western governments and human right groups agree that the process is unfair and seek changes to ensure free and fair polls, including the release of Suu Kyi — who has been detained for 15 of the past 21 years — and other prisoners. Although the election is meant to be the key step from five decades of military rule to civilian government, critics say a military-initiated constitution, along with repression of the opposition, ensures the army will continue to hold commanding influence even after the polls. According to the regulations, candidates must seek permission to campaign a week in advance from the local Election Commission, providing details such as place of assembly, date, time and duration. Holding flags and shouting slogans in processions is forbidden, as is making speeches or distributing publications that “tarnish the image” of the military and any “activities that can harm security.” Candidates found in violation of the regulations face a fine and a jail term of one year. It was still unclear when the official campaign period begins. The Election Commission will finish its scrutiny of candidates by Sept. 10. Separately, the New Light of Myanmar reported an ethnic Karen group allied to the government — the Democratic Karen Buddhist Association — agreed to transform its guerrilla fighters into the Border Guard Forces. Integrating ethnic rebel groups into government-supervised border forces is a key part of the government’s plans to pacify border areas, which are dominated by minority groups that have long striven for autonomy, sometimes though armed struggle. The junta in the 1990s reached cease-fire agreements with many, but compromised by allowing them to keep their arms. Five of the groups have now agreed to integrate themselves into the national border force, but others, such as the Kachin Independence Army and the 20,000-strong United Wa State Army, are still resisting the transformation of their militias. Rights to assemble and canvass for Hluttaw candidates The New Light of Myanmar: Thu 19 Aug 2010 Nay Pyi Taw — The Union Election Commission issued Notification No. 91/2010 today. The following is the unofficial translation of the notification. The Union of Myanmar Union Election Commission Nay Pyi Taw Notification No. 91/2010 8th Waxing of Wagaung 1372 ME (18th August 2010) 1. The Union Election Commission already issued the Notification No. 89/2010 dated 13-8-2010 saying that multiparty democracy general elections for the respective Hluttaws will be held on 7 November 2010. With Notification No.90/2010 dated 13-8-2010, the Commission also announced the starting and last dates for submission of Hluttaw candidate list, the date to scrutinize applications of candidates and the last date to withdraw applications of candidates if needed. 2. Hluttaw candidates representing political parties and independent Hluttaw candidates who submit lists of Hluttaw candidates to stand for elections of respective Hluttaws and their representatives, shall follow the methods described in this Notification if they wish to present their policies, stances and work programmes and causes through talks or in writings for their candidates to win. Procedures to be taken 3. Hluttaw candidates and election representatives may take following procedure in order that their Hluttaw candidates can win. (a) assembling and giving talks at a designated place with the permission of the sub-commission concerned (b) distributing and presenting publication Applying for permission for assembling and giving talks 4. Hluttaw candidates and election representatives who wish to assemble and give talks at the designated places shall have to apply to the subcommission concerned as mentioned hereunder seven days in advance. (a) the state or division sub-commission concerned for the townships where state or division sub-commission office is based (b) the district sub-commission concerned for the townships where district sub-commission office is based (c) the township sub-commission concerned for the remaining townships except the townships mentioned in sub-Paras (a) and (b) 5. Assembling and giving talks at the party headquarters and branches shall be reported in advance to the sub-commissions concerned and it is no need to apply for the permission. 6. Those entitled to apply: In applying for the permission according to Para-4, a Hluttaw candidate concerned or his election representative will have to sign the application. 7. Points to be included in the application: In applying for the permission, Hluttaw candidates and election representatives concerned shall have to apply mentioning that they shall assemble and give talks in accord with the prohibitions, provisions included in the permission and principles. In addition, they shall have to include the following detailed points in the application. (a) planned venue (b) planned date (c) starting time and finishing time (estimate) (d) number of attendees (estimate) (e) the name, NRC No. and address of a speaker or speakers (f) the name, NRC No. and address of the applicant 8. Sub-commission’s scrutiny: With regard to applying for permission according to Paras 4, 6 and 7, the sub-commission can (a) issue the permission or reject the application after scrutinizing the application as necessary. (b) The following points shall be stated in the permission order when issued: (1) Permitted date and place (2) Starting time and finishing time (3) Name, NRC No. and address of a permitted speaker or speakers (c) In issuing the permission, the points prohibiting the act of holding flags and shouting slogans in procession in going to the designated place for the assembly and talk and the points stating to disperse without shouting slogans in procession shall be stipulated. (d) The following points shall be stipulated as necessary in issuing the permission: (1) Not to cause any disturbances to public places such as government offices, organizations, factories, workshops and work places, markets, sports grounds, religious places, schools and hospitals (2) Not to exceed the seating capacity if the venue of the assembly and talk is a building or hall. (To take the responsibility of ensuring that there is no public assembling outside the building or hall) (3) If the venue of the assembly and talk is an open ground, its holding capacity shall not be exceeded. (4) Not to hold or carry any sticks, swords, weapons and ammunition and other harmful items (5) Not to disturb the traffic and block roads (6) To amplify the sound box to the degree that is just enough for the permitted hall or ground in order not to cause any disturbances to the surrounding areas (7) Sound amplification system shall be according to the existing laws and principles (8) Other necessary stipulations (e) Permit shall be issued 48 hours prior to the time of the commencement of the assembly and talk. Any rejection to the permit shall be informed 48 hours prior to the time of the commencement of the assembly and talk together with the reason to do so. (f) If necessary for ensuring of security, the rule of law and community peace, the provisions stipulated in this Notification shall be amended or revoked. (g) Allowable public places in the regions concerned for assembly and giving public talks shall be designated in advance in coordination with the Peace and Development Councils concerned. (h) Coordination shall be carried out in order that the Peace and Development Councils concerned and security forces can safeguard assembling and giving public talks. (i) Coordination shall be carried out in order that the Peace and Development Councils concerned and security forces can take necessary preventive measures against any threats to security, the rule of law and community peace. Rights to publish publications 9. If candidates and election representatives want to publish and distribute papers, books and pamphlets on their policies, stances and programmes for public knowledge, they shall follow the 1962 Printers and Publishers Registration Law and the stipulations in Directive No (42) dated 17 March 2010 issued by the Central Supervisory Committee for Printers and Publishers Registration and Scrutinization under the Ministry of Information. Restrictions 10. Candidates and election representatives shall not breach any of the following restrictions in assembling, giving public talks and distributing publications. (a) activities that can harm Non-disintegration of the Union, Non-disintegration of national solidarity and Perpetuation of sovereignty, (b) activities that can harm security, the rule of law, community peace, (c) disobeying the State Constitution of the Union of Myanmar and existing laws, (d) giving public talks and distributing publications with the intention of inciting sedition or tarnishing the image of the State, (e) giving public talks and distributing publications with intent to break up or tarnish the image of the Tatmadaw, (f) distributing publications, giving public talks or organizing people to provoke racial, religious, individual or public conflicts, or harm dignity and morals, (g) misusing religion for political gains, (h) instigating riots and distributing publications with intent to harm peaceful learning, (i) instigating riots and distributing publications with intent to incite service personnel not to discharge their duties well or take to the streets against the government, 11. Candidates and election representatives shall not breach the existing laws, and restrictions contained in this Notification and stipulations of the permission in assembling and distributing publications to present their policies, stances and programmes. 12. Any candidate or election representative is liable for action taken in accordance with Political Parties Registration Law and the Election Laws concerned in addition to existing law if they disobey any of the restrictions contained in this Notification, or stipulations prescribed in the permission. 11 Therefore, it is hereby announced that candidates and election representatives are to honour this Notification in assembling, giving public talks and distributing publications for their candidates to win in the elections, to ensure that the multiparty democracy general elections due to be held in 2010 are free and fair. By order Sd/Thein Soe Chairman Union Election Commission NLD election boycott official Irrawaddy: Thu 19 Aug 2010 Leaders of Burma’s main opposition party, the National League for Democracy (NLD), have decided to officially boycott the Nov 7. election, according to Ohn Kyaing, a party spokesperson. The decision was made at a meeting on Thursday attended by central executive committee and leading party members. Held at the house of NLD vice chairman Tin Oo in Rangoon, the meeting was attended by top NLD leaders including vice chairman Tin Oo, Win Tin, Nyunt Wai, Than Htun and Hla Pe, said Ohn Kyaing, who also attended. He said the NLD decided to boycott the election because the 2008 Constitution and the election commission’s election law do not guarantee democracy and human rights in Burma. The NLD also affirmed that voters have the right to decide whether to vote in the election according to the constitution, he said. In June, detained Burmese opposition leader Aung San Suu Kyi said Burmese citizens have the right not to vote in the upcoming election. However, earlier in August, an article in one of the state-run newspapers warned that anyone who “disrupts” the upcoming elections could face up to 20 years imprisonment. Ohn Kyaing said he cannot provide detailed information about the election boycott at this moment, but the NLD will hold strategy meetings in the near future for organizing the election boycott. The Nov. 7 election takes place one week before Suu Kyi is due for release. The end of the DKBA? – Saw Yan Naing Irrawaddy: Thu 19 Aug 2010 The Burmese government welcomed troops of the Democratic Karen Buddhist Army (DKBA) into the border guard force in a ceremony on Thursday in Myaing Gyi Nyu, the headquarters of the DKBA in Karen State, according to sources. The ceremony was attended by several Burmese officials including Burmese Military Affairs Security Chief Lt-Gen Ye Myint, who is one of the regime’s chief negotiators responsible for persuading ethnic ceasefire militias to accept becoming border guard forces, Brig-Gen Zaw Min, the chairman of the Karen State Peace and Development Council, and Maj-Gen Thet Naing Win, the Southeast Regional Commander in Moulmein. Gen Kyaw Than, the DKBA commander in chief and vice chairman, also attended the ceremony. Witnesses said Burmese police cleared the road for a convoy of DKBA vehicles bringing hundreds of DKBA troops to Myaing Gyi Nyu on Wednesday for the ceremony. Separate ceremonies will also take place this month in other DKBA-controlled areas including Pinekyon Township and Shwe Koko, headquarters of DKBA Special Battalion 999 led by Col Chit Thu, according to Karen sources. Karen sources in Hpa-an, capital of Karen State also said that Brig-Gen Pah Nwee, the commander of DKBA Brigade 999, and his troops will be received at a ceremony on Friday. “They [DKBA Brigade 999 troops] are practicing for Friday’s ceremony,” said a source in Hpa-an. Sources have not confirmed when there will be a ceremony for Col Chit Thu and his troops from DKBA Special Battalion 999. Meanwhile, observers predict DKBA forces will lose control of many of its strongholds where large business operate when the militia becomes a border guard force paid for and dominated by Burmese officials. According to Burma’s 2008 Constitution, the border guard force will be part of the Burmese armed forces and will receive the same salary as Burmese army troops. Saw Htee Moo, a well-informed source close to the DKBA said the Burmese regime will likely take over DKBA-controlled trade, leaving the DKBA poorer. Several large businesses in Karen State along Thai-Burmese border such as logging, zinc and tin mining and border trade through Myawaddy Towship are currently controlled by the DKBA. This will change, according to Karen sources, who say trade in DKBA-controlled regions and border areas will come under the direct control of the Myanmar Federation of Chambers of Commerce and Industry when the DKBA becomes a border guard force. The DKBA split from its mother organization, the Karen National Union (KNU) and signed ceasefire agreement with the Burmese military government in 1995. It has six brigades with an estimated 6,000 armed fighters. In early August, Burmese junta troops in Myawaddy Township seized the main border trade gate operated by DKBA Brigade 999 on the Thai-Burmese border. The Burmese troops put up a Burmese national flag and took down the DKBA flag, changing the name of the gate from Brigade 999 to Dawna Taung—the name of a well-known mountain in Karen State, according to sources close to DKBA. “DKBA is now at the endgame. They will disappear,” said Maj Saw Hla Ngwe, joint secretary (1) of the KNU. Myanmar’s politics and economy: A new day beckons, sort of Economist: Thu 19 Aug 2010 The first election in 20 years coincides with a rushed privatisation programme. Guess who profits from the fire sale IN MYANMAR, a column of cars at a petrol station usually means a fuel shortage or a broken pump. But the queue at “New Day”, one of dozens of newly privatised stations in Yangon, the former capital, is a sign of progress. New managers have repainted its tin roof and installed two Chinese-made pumps with digital displays. Fresh-faced attendants in branded red-and-white polo shirts leap eagerly to their task. To the side sit the rusting pumps of MPPE, the state firm that this year lost its monopoly on fuel sales and distribution. Motorists now enjoy the luxury of filling their tanks. Before, one explains, you could buy a maximum of two gallons a day and black-market merchants supplied the rest. Naturally, rationing did not apply to military men or civil servants, who got free fuel allocations. MPPE was notorious for selling substandard diesel. Now drivers can pick among the private operators of Myanmar’s 248 filling stations, though prices seem to be pegged at a single rate. The sell-off is part of a big privatisation plan taking place before a general election—the first in two decades—that has been called for November 7th. Ports, airlines, highways, mines, dams, factories, warehouses, government buildings and cinemas have all gone on the block. Private firms may now run schools and hospitals. Four banks are due to open soon, the first new ones since a banking crisis in 2003. One may even issue credit cards, a rarity in Myanmar. Nearly five decades after seizing power and nationalising all industries, the army suddenly seems infused with a Thatcherite spirit. Given its appalling economic record—income per person is a paltry $459 a year—that could be cause for celebration. Sadly, the programme seems to be a hurried asset-stripping exercise by the generals and their cronies, with echoes of Russia’s 1990s fire sale. The valuations of the assets are not published, nor what they are fetching. Buildings are listed for auction, but sales are done in private. In a deeply corrupt country, it is easy to imagine the worst. Opposition activists, diplomats and businessmen say that a handful of pro-junta tycoons are benefiting royally, including many who were blacklisted by the American government. Yet the pace of sales suggests that the election, however flawed, might represent some real political change. The vote will not be fair. Campaigning will be tightly controlled and it is costly to field candidates. Pro-junta parties enjoy access to official media, unlike the opposition. The country’s most famous politician, Aung San Suu Kyi, is barred from running, along with over 2,000 other political prisoners. In protest, her National League for Democracy (NLD) will not contest the election, although a breakaway party will. Despite all this, the poll is a watershed. Businessmen are bracing themselves for a transition from the certainties of military rule to a civilian-flavoured administration. For the departing generals, privatisation looks to be a retirement plan of sorts. The 77-year-old leader of the junta, General Than Shwe, wants to hand over gradually to younger men. A constitution drawn up in 2008 enshrines a strong role for the armed forces, which will control a quarter of the seats in national and local parliaments and run the security agencies. But new faces and power bases will emerge. “People are grabbing what they can. Nobody knows where they’ll be after the election,” notes a diplomat. The result may be that some power is dispersed, particularly in Myanmar’s 14 states and divisions, half of which are dominated by ethnic minorities. Army officers may soon do less day-to-day administration, though cronies of the junta and military-run companies would keep the commanding heights of the economy. Uniforms are so yesterday Optimists in Yangon see benefits from the privatisation programme, whatever its inequities. One suggests that the new owners might even invest in their companies. “They have the capacity. We can use these guys,” he says. Not all the assets are prizes; some ministries simply wanted to be rid of dud firms, suggests Sean Turnell of Macquarie University in Australia. Just possibly some generals will try to knock their companies into good enough shape to compete, eventually, with foreign rivals. That would become clear only after the election, if men in suits, not in uniform, start to set economic policy. If some authority were devolved to local bodies, that might cause friction with regional military commands. In any case, no one expects that the army will meekly hide away in its barracks. It still sees itself as the guardian of national unity and a bulwark against ethnic separatism and foreign meddlers. The constitution gives a powerful role to the commander-in-chief, who appoints his own security council and can declare a state of emergency. The new day may yet look rather like the old one. U.S. to Back Human-Rights Inquiry in Myanmar Wall Street Journal: Thu 19 Aug 2010 The Obama administration decided to back efforts to create an international commission investigating alleged human-rights violations in Myanmar in a move that ratchets up pressure on the country as it prepares for its first election in 20 years. The move comes just months after Washington said it was embarking on a new policy of “engagement” with Myanmar aimed at improving relations after years of economic sanctions failed to weaken its secretive military regime. Supporters of the engagement effort, including some Myanmar exiles and analysts, had hoped it would encourage top Myanmar generals to open more to the outside world and take steps to ensure the coming election is held to international standards. More recently, however, U.S. officials began to express frustration that their overtures—which included visits to Myanmar by high-ranking State Department officials—had failed to influence the government, which is accused of human-rights violations including the imprisonment of 2,000 or more political opponents. Myanmar’s government has declined to release Nobel laureate opposition leader Aung San Suu Kyi from house arrest, which U.S. officials have said is a precondition to holding fair elections. In June, Myanmar officials issued tough new campaign rules that prohibit political parties from marching or chanting slogans or giving talks “tarnishing the image of the state.” Opposition leaders say they have been harassed by police in recent weeks. U.S. officials have expressed concern over unconfirmed reports that Myanmar may be attempting to develop a nuclear-weapons program. Those concerns grew more serious in recent months after exile news services released reports about the alleged program based in part on details from a Myanmar army defector. Myanmar officials have repeatedly denied any attempts to develop nuclear weapons. “The United States supports establishing an international commission of inquiry to investigate alleged war crimes and crimes against humanity” in Myanmar, an administration official said Wednesday. “We have begun consulting with others to determine how best to achieve that end,” the official said. It wasn’t possible to reach anyone within the Myanmar government to comment. Critics of Myanmar have been pushing for a United Nations-led inquiry for years. The effort gained momentum this year after a U.N. special rapporteur for Myanmar, Tomas Ojea Quintana, said he found a pattern of systematic human-rights violations in trips to the country, including cases of forced labor. A Myanmar diplomat disputed the assessment at the time and said international authorities should be more focused on rebuilding relations with the country. U.S. support doesn’t mean an inquiry will occur. But it indicates that Western governments are hoping to tighten pressure on Myanmar’s military, which has ruled the country since 1962, and especially its top leader, Senior Gen. Than Shwe. Many exiles and academics believe Myanmar’s generals opted to schedule an election this year in part to boost their legitimacy in the international community, potentially forestalling any bid to open a crimes-against-humanity probe. Myanmar’s officials promise that the vote, scheduled for Nov. 7, will be free and fair. But many opposition leaders, including Ms. Suu Kyi, have vowed to boycott, and international rights groups have said they don’t believe a fair vote can be held given Myanmar’s tight restrictions on the media and public assembly. Opposition leaders easily won the last vote, in 1990, but the junta ignored the results. The decision to back a commission of inquiry “is the right and timely action by the Obama administration” to express displeasure over what is likely to be a “sham election,” said Aung Din, executive director of the U.S. Campaign for Burma, a Washington group that uses a former name for the country, in a statement. Obama wants Burmese rulers to face UN war crimes investigation – Andrew Buncombe Independent: Thu 19 Aug 2010 US move reflects the failure of engagement with Rangoon The administration of US President Barack Obama has decided to throw its crucial support behind moves to establish a special UN commission to investigate alleged war crimes perpetrated by the military rulers of Burma. In what represents a marked rollback of one of President Obama’s most controversial foreign policy initiatives, US officials said Washington would now back the war crimes investigation, as urged earlier this year by the UN special rapporteur for human rights in Burma. Washington is also said to be considering tightening sanctions against the junta. The decision represents a reversal of an initiative announced last year to try to develop closer diplomatic ties with Burma by establishing regular meetings involving a senior US official. There was talk that a closer relationship could possibly be rewarded with a dilution or dropping of some sanctions. But reports suggest Washington believes its overtures to the military have largely been rebuffed, even though several meetings have been held. There is also likely concern over continued reports – though none of them confirmed – that Burma is interested in developing a nuclear weapon. “There have been no positive results on democracy and human rights in our diplomatic engagement,” one anonymous official told The Washington Post. The decision by the US to back the tribunal, already supported by Britain and Australia, comes before elections in Burma on 7 November. While the junta claims they will be a stepping-stone towards full democracy, most observers in the West have dismissed them, saying they will do little more than cement the position of the military. Campaigners have argued the elections could not be considered fair while more than 2,100 political prisoners – among them an opposition leader, Aung San Suu Kyi – were still detained. A total of about 40 parties have registered to participate in November’s elections, though many of them are groups led by former senior military officers who have taken off their uniforms for the process. The National League for Democracy, the party of Ms Suu Kyi, a Nobel laureate, voted not to participate, though a breakaway group has registered. Activists yesterday welcomed the US decision. Aung Din, executive director of the Washington-based Campaign for Burma, said: “This is the right and timely action in response to the power thirsty and brutal generals, who are expecting to delete their dirty crimes by putting a sham constitution into effect through a sham election. “This is a clear message that the United States will not recognise their showcase election and will make them accountable for their horrible abuses against their own citizens.” Mark Farmaner, of the Burma Campaign UK, also supported the move but said it was essential the EU made a similar declaration. “The EU must end its silence on crimes against humanity in Burma, and publicly support a UN inquiry,” he said. Pro-democracy and human rights groups have urged the United Nations Security Council to impose an arms embargo on the regime and establish a commission of inquiry into crimes against humanity. They fear a humanitarian crisis may develop along the border with Thailand, where the Burmese military has been fighting ethnic Karens, pushing thousands of refugees across the border. Karen National Union fighters have been battling for half a century for greater autonomy from Burma’s central government. The establishment of an independent tribunal to investigate war crimes is no small undertaking and has as much to do with geopolitics as with any offences that may have been committed. Many activists opposed to the 2003 invasion of Iraq have campaigned for Tony Blair and former US president George Bush to be charged with war crimes. In the case of Burma, five nations have so far supported an investigation. France is said to be one of several countries in the EU, along with Germany, Austria and Italy, that support a softer stance. In March, the UN special rapporteur for Burma, Tomás Ojea Quintana, issued a report that was highly critical of the country’s human rights situation. Urging an investigation, he said there was evidence of mass killing, torture, forced displacement and rape. The decision by the Obama administration followed a review of longstanding US policy towards Burma. Officials said they believed a policy of sanctions had, by itself, failed to bring about improvements in democracy and human rights. Yet the move also underscored concern that Asian giants such as India and China, which have warm relations with Burma, were securing valuable oil and gas deals. Such relationships were also undermining the effectiveness of Western sanctions. Reports suggest there are various options for setting up a commission of inquiry. According to Foreign Policy magazine, the US could introduce a resolution establishing such a commission before the UN Human Rights Council, which will convene next month. Washington could also press the UN General Assembly to pass a resolution establishing it, or it could appeal to Ban Ki-moon, the UN secretary general, to do it under his own authority. Such inquiries can often lead to war crimes prosecutions. Burma: War crimes? The Burmese junta and its 77-year-old leader, General Than Shwe, could be investigated over a number of alleged crimes during its rule including: * The crushing of the August 1988 democracy uprising that led to the deaths of 3,000 to 6,000 people. * Widespread ethnic cleansing of groups such as the Karen, which have been fighting for greater autonomy for half a century. * The alleged use of forced labour to build pipelines and other infrastructure, torture and beatings, and the use of rape by Burma’s armed forces. Human Rights Watch says that such violations are widespread in Burma. *The violent crackdown on the September 2007 “Saffron Uprising”, headed by Buddhist monks, which left scores of people dead. Upholding the Responsibility to Protect in Burma Global Centre for the Responsibility to Protect: Thu 19 Aug 2010 Introduction The situation in Burma/Myanmar remains grave. With elections scheduled for 7 November 2010 international attention on the country has increased. Such attention, and any policy action taken, must focus not only on the goal of democratic transition, and concerns about the regimes nuclear collaboration with North Korea, but also on the plight of Burma’s ethnic minorities who continue to suffer atrocities at the hands of the government. These atrocities may rise to the level of crimes against humanity, war crimes and ethnic cleansing – crimes states committed themselves to protect populations from at the 2005 World Summit, as described in the Global Centre for the Responsibility to Protect policy brief dated 4 March 2010, “Applying the Responsibility to Protect to Burma/Myanmar.” International actors have a responsibility to protect Burma’s ethnic minorities from atrocities – atrocities that are often overshadowed by the attention focused on the pro-democracy movement. This brief assesses the current risk of atrocities and identifies measures that can be used to aid in preventing and halting these atrocities. The brief argues that pressure must be placed on the Burmese government to cease the commission of crimes and avoid the resort to violence against groups with which it currently has ceasefires. Current Risks Acts that appear to rise to the level of war crimes, crimes against humanity and ethnic cleansing continue to be perpetrated against ethnic minorities – including Karen, Shan and Karenni civilians – in the name of rooting out ethnic armed groups. The upcoming elections and the junta’s desire to gain both international and domestic legitimacy have not led to a reduction in the targeting of civilians. Most recently, on 23 July, the Burmese Army, known as the Tatmadaw, reportedly shelled villages in Karen state displacing 900 people. An additional source of concern over the past year has been related to the risk that armed conflict would break out over the government’s demand that current “ceasefire groups” (ethnic armed groups that signed ceasefire agreements with the government in exchange for some level of autonomy to govern their communities) transition into border guard forces under the control of the Tatmadaw. The majority of these ceasefire groups including those representing the Wa, Mon, Kachin and Shan ethnic groups have resisted such demands. Negotiations between the government and the ceasefire groups have largely been unsuccessful at reaching a compromise. Thus far the government has exercised restraint and appears to have placed such demands on hold until after the elections rather than resorting to an armed attack on the ceasefire groups. However, there is no guarantee that such restraint will continue. Similarly, there is no indication that the government will halt its attacks on civilians in currently contested areas. There is also a risk that there may be an escalation of systematic attacks on the pro-democracy movement in the period surrounding the election. These attacks may include arbitrary detention, torture and extra judicial killings. In light of the ongoing risk and the government’s manifest failure to protect, the international community must take protective and preventive action. Possible measures that can be enacted in keeping with the responsibility to protect include diplomatic engagement, a commission of inquiry, an arms embargo and economic sanctions. While there is no guarantee, there are grounds to believe that these measures may influence the junta’s calculations about the benefits of targeting civilians as well as their ability to perpetrate atrocities. Diplomatic Engagement Regional actors, including ASEAN and its members along with China and India, must engage with, and urge the government to exercise its responsibility to protect. China, as one of Burma’s staunchest public supporters and biggest investors, has significant leverage. The Chinese government has, as of late, been playing a constructive role behind the scenes. This includes through its efforts to mediate conversations between the Burmese government and major ceasefire groups operating along the Chinese border. China’s influence was likely a key factor in the Burmese government’s apparent decision to place the issue of the border guard forces on hold until after the election. Thailand and India should seek to play a similar role and ASEAN itself must move beyond publicly urging “credible and transparent” elections to engaging with the government on issues relating to the prevention of mass atrocities. Such engagement may include placing pressure on the government to permit visits to the country by the Special Rapporteur. Additionally, Thailand and other regional states must not use the election as justification for the forced repatriation of refugees likely to suffer atrocities if returned to Burma. Governments outside of the region should increase their diplomatic engagement as efforts to isolate the regime have increased the government’s insularity and paranoia. Efforts to open the channels of communication are crucial in the wake of elections which, while likely to be neither free nor fair, may provide a small opening for progress. Recent diplomatic visits by the Unites States are a positive step. Additional efforts, including possibly recognizing the junta’s change of the country’s name, may help to demonstrate that states are sincere in their efforts to improve relations. Better relations may enhance states’ influence over the junta and create an opening to press the government on atrocity prevention. Finally, the UN needs to engage more intensely using mechanisms that potentially could include the appointment of a new Special Advisor on Myanmar and seeking to brief the Security Council. Commission of Inquiry In recent years, there have been numerous calls for International Criminal Court (ICC) consideration of the situation. Given that Burma has not ratified the Rome Statute, ICC engagement would likely require authorization by the Security Council, which may not be forthcoming. There have also been suggestions that an international commission of inquiry should be created. In his recent report, the Special Rapporteur on Myanmar stated that human rights violations that “may entail categories of crimes against humanity or war crimes under the terms of the Rome Statute” were taking place and that, as these crimes were committed with impunity, “United Nations institutions may consider the possibility to establish a commission of inquiry with a specific fact-finding mandate to address the question of international crimes.” Such a commission could be initiated by the UN Secretary General or the General Assembly and would bring intense scrutiny to the actions of the government, and possibly those of ethnic armed groups, against ethnic minorities and political opponents. The government has shown some level of concern about its international reputation. Increased attention and pressure may cause the government and its armed forces to moderate their behavior to some extent, reducing or preventing the commission of atrocities. Economic Sanctions At present economic sanctions, restrictions on aid dispersed through the government, and targeted banking and travel sanctions against individual generals apply to Burma. The broad economic sanctions target the formal economy, which benefits most directly from foreign investment and is dominated by those with ties to the regime. As a result, these sanctions impact more negatively the capacities of the military, individual generals and allies of the regime, than they do civilians who primarily operate in the informal economy. Some arguments favoring the lifting of sanctions are premised on the idea that doing so would strengthen the middle class who could then challenge the junta’s power. Yet the absence of an independent business sector in Burma suggests this is unlikely to happen. Despite the fact that sanctions have not been able to halt atrocities outright, they may have some impact on the military’s ability to wage a larger scale war on ethnic minorities. The current sanctions regime could be strengthened and made more effective by addressing two related issues. The first is that sanctions are not universally applied. Many influential regional actors, in particular, India, China and Thailand, continue to invest in and trade freely with Burma. Additionally, those countries that have enacted sanctions have not done so in a uniform manner. They have allowed numerous exemptions, notably in the energy sector, that in many cases directly benefit military leaders. Better coordination and the universalization of the sanctions regime could help improve their effectiveness. Tying conditions for the lifting of sanctions to a cessation of atrocities against ethnic minorities in Burma, instead of solely to a democratic transition, may also help advance the protection of populations from atrocities. Arms Embargo Many UN member states have embargoes restricting the sale of weapons to the junta and to non-state armed groups. However, as in the case of economic sanctions, the ban is not universally enforced. Implementing a global ban on the transfer of arms would contribute significantly to halting the four crimes by making it more difficult for the Tatmadaw to obtain weapons. Yet there are currently obstacles to such a comprehensive approach, in particular China and Russia export arms to Burma and may, based on past precedent, block efforts to have the UN Security Council put Burma on its agenda, and issue a resolution establishing an arms embargo. Conclusion The UN, ASEAN and key actors such as China and the US must, in keeping with their own responsibility to protect, place pressure on the Burmese government to take action to prevent and halt mass atrocities. Coordinated regional and international diplomatic engagement, focused on urging the government to cease the commission of atrocities against civilians and avoid a resort to violence with ceasefire groups, should be undertaken. This engagement should be in conjunction with other measures such as the creation of a commission of inquiry. * The country was officially renamed the Union of Myanmar by the military government in 1989. The use of term Burma in this report is not intended as a political statement. The long arm of human rights law is the only thing that will frighten the generals into change- Emmanouil Athanasiou Independent: Thu 19 Aug 2010 For the first time in 45 years, the international community is coming around to the view that justice must be available to the victims of Burma’s military regime. UN bodies, NGOs and independent experts have documented a pattern of appalling and systematic human rights violations including summary executions, torture, forced labour, mass rape and the recruitment of child soldiers. These acts clearly constitute crimes against humanity under the statute that established the International Criminal Court (ICC). Yet, not only have Burma’s armed forces overseen a reign of terror, they have done so with impunity. The victims are crying out in despair at the knowledge that their rulers may never have to pay for their actions. Washington’s support for a UN commission of inquiry will play an extremely important role in influencing those countries which have been reluctant to hold Burma to account. These governments have for too long bought the deluded notion that by engaging with the junta’s plans for elections, Burma can be coaxed to democracy. This is a nonsense, because the elections are based on a constitution in which not a single democratic principle has been respected. Article 445 of Burma’s 2008 constitution for example, enshrines immunity for any act committed by the regime in the execution of its duties. Whether Burma’s leaders will end up, like President Bashir of Sudan, being indicted by the ICC remains to be seen. But the Obama administration’s policy shift will at least ratchet up pressure on the most hypocritical EU nations. For financial and business reasons they have hidden behind ineffective sanctions and the claim that Washington’s engagement policy left them no other option. It should also inhibit the excesses of Than Shwe and his fellow rulers who act as if they are untouchable. The fear of being held to account in an international court may even drive them to accept dialogue with their country’s democratic forces. If there is any hope for Burma’s future it lies in the application of international justice and not in sham elections. * The writer is head of the Asia desk at the International Federation for Human Rights TUC calls for Barclays to come clean on Burma TUC: Thu 19 Aug 2010 The TUC is made up of 58 affiliated trade unions in the UK representing nearly seven million working people Responding to the news that Barclays Bank has agreed to pay fines for breaching US sanctions against Burma, TUC General Secretary Brendan Barber said: ‘It’s a disgrace that Barclays has been violating US sanctions and doing business in Burma. Foreign financial services are helping Burmese generals to loot the country’s natural wealth and to fund a military accused of committing horrendous crimes against humanity. ‘Barclays must come completely clean on whether it has been a part of this, or no amount of London Cycle Hire schemes can save its reputation. ‘It is a cause for concern that it took the US sanctions system to discover the shameful activities of a British bank. The UK and the EU urgently need to fix our weak rules. We need to put in place US-style financial sanctions and a rigorous monitoring system to prevent these sorts of scandals from happening again.’ National Officer for the Financial and Legal Sector of Unite Rob MacGregor said: ‘Ordinary workers have taken a huge hit to keep our banks afloat. The Government needs to make sure that these banks are helping workers and small businesses get back on their feet, not propping up dictators.’ General Secretary of the Federation of Trade Unions in Burma (FTUB) Maung Maung said: ‘My country is the worst place in the world to be a worker. The regime uses slave labour, rape, and torture to stay in power. Unions are banned and the jails are overflowing with those who have dared to speak out. ‘With sham elections happening in November, the military looks like being there for decades to come – especially if foreign financial institutions are keeping them afloat. ‘This scandal must be a wake-up call for the UK Government. We already know that insurance syndicates within Lloyds of London have been doing business in Burma, and now Barclays. What else has the City of London been up to? ‘The UK Government needs to investigate this fully and cut off all financial and insurance links to the regime.’ NOTES: - Barclays Bank has agreed to pay a $298m (£190m) fine for breaking US sanctions against several dictatorships. The bank had been charged with breaking the International Emergency Economic Powers Act and the Trading with the Enemy Act between 1995 and 2006. - The FTUB is one of the newest trade union centres to affiliate to the International Trade Union Confederation (ITUC). The Burmese regime has banned it and labeled it a terrorist organisation. - All TUC press releases can be found at www.tuc.org.uk - Register for the TUC’s press extranet: a service exclusive to journalists wanting to access pre-embargo releases and reports from the TUC. Visit www.tuc.org.uk/pressextranet - Congress 2010 will be held at the Manchester Central Convention Complex from Monday 13 September to Thursday 16 September. Free media passes can be obtained by visiting www.tuc.org.uk/congress/tuc-18063-f0.cfm and returning a form. Applications must be in by noon on Monday 6 September. Any received later than that will be processed in Manchester and will cost £50. Breakaway party expects to field 100 candidates in Myanmar polls Deustche Presse Agentur: Wed 18 Aug 2010 Yangon – A breakaway faction of Myanmar’s main opposition party expected to field more than 100 candidates in the November 7 election, the party chief said Wednesday. “I think we will field over 100 candidates nationwide,” National Democratic Front (NDF) chairman Khin Maung Swe said. Myanmar’s junta recently announced the creation of 330 political constituencies. The NDF is a breakaway faction of the National League for Democracy (NLD), led by Nobel Peace Prize winner Aung San Suu Kyi, which has decided to boycott the polls this year. Khin Maung Swe is to preside Thursday over the opening of his party’s second office in Mandalay, Myanmar’s second biggest city. “We expect to do the best in Yangon and Mandalay,” Khin Maung Swe said. He said it was too early to say whether the polls would be “free and fair” in the military-run country although he complained of the high cost of registering candidates and of his party events being dogged by security personnel. Each candidate must pay a 500,000-kyat (500-dollar) registration fee, deemed a huge amount in a country where minimum wage is about 30 dollars a month. Myanmar election authorities have so far permitted 40 parties to register to contest the general election. Seven others that have applied are still under the scrutiny of the Union Election Commission, state-run media reported Wednesday. Myanmar last held a general election in 1990, which the NLD won by a landslide. The ruling military junta, however, has blocked the NLD from power. The party decided to boycott this year’s polls to protest election regulations that would have forced it to throw Suu Kyi out of the party to qualify as a contestant. The regulations barred anyone currently in prison from being a member of a political party. Suu Kyi is now serving her latest sentence, an 18-month house detention period that was expected to expire on November 13 or November 27, depending on when authorities decide her term began. Few observers expected the polls to bring drastic changes to Myanmar, which has been under military rule since 1962. A clause in the new constitution allows the military control over any future elected government by making the upper house of the National Parliament a partially junta-appointed body with veto power over legislation. 4 new private banks open in Myanmar’s new capital Xinhua: Wed 18 Aug 2010 Yangon – Four new private banks opened in Myanmar’s new capital of Nay Pyi Taw and start business operation this month, the local weekly Popular News reported Wednesday. The four new private banks are Asia Green, Myanma Apex Bank, United Amera and Ayeyarwaddy, respectively owned by four giant entrepreneurs — U Tay Za (Htoo trading company group), U Zaw Zaw (Max Myanmar Co.Ltd), U Nay Aung (IGE) and U Chit Khine ( Ayedin Co. Ltd). Myanma Apex bank and United Amera Bank are located in Oaktarathiri township while Asia Green Development Bank and Ayeyawaddy Bank in Zabuthiri township in the capital region. There are 15 private banks in operation in Myanmar, 13 of which are located in the former capital city of Yangon. Private banks were once nationalized in Myanmar in 1963 during the previous government but after the country started to adopt the market-oriented economic system in late 1988, private banks were allowed to operate again since 1992. There are also four state banks in addition to the 15 private ones in Myanmar, which are all governed by the government’s Central Bank. Judge criticises US over ’soft’ fine for Barclays Bank – Andrew Clark The Guardian (UK): Wed 18 Aug 2010 Washington court criticises ’sweetheart deal’ and $298m fine for bank that flouted international sanctions. A judge has attacked the US government for striking a “sweetheart deal” with Barclays to settle criminal charges that the British bank flouted international sanctions by doing clandestine business with Iran, Cuba, Libya, Sudan and Burma. At a court hearing in Washington yesterday, judge Emmet Sullivan refused to rubber-stamp an agreement under which Barclays consented to pay $298m to settle charges that its staff deliberately concealed transactions with financial institutions in regimes frozen out by US foreign policy. “Why isn’t the government getting tough with the banks?” Sullivan asked, pointing out that no individuals were being charged or sent to prison over the breaches. The judge’s unexpected resistance threw the settlement into doubt pending a more detailed hearing, scheduled for Wednesday. Barclays is anxious to move beyond a scandal in which it owned up to sanctions-busting between 1995 and 2006. The bank has joined Lloyds TSB, Credit Suisse and ABN Amro among overseas financial institutions caught by US rules which cover them because they have branch operations in New York. Plea bargains to settle criminal charges are common in the US and are often nodded through by the bench. But in the latest of several shows of judicial skepticism towards hasty settlements of Wall Street misdemeanours, Sullivan described the agreement as “an accommodation to a foreign bank” and pointed out that the average American caught robbing a bank is not given a deferred prosecution deal or an opportunity to refund the proceeds from crime. Prosecutors say Barclays staff stripped identifying names from payment information in a deliberate ruse to defy US sanctions against repressive regimes, including countries accused of being state sponsors of terrorism. Court documents say much of the subterfuge took place at a payment centre in Poole, Dorset, where an “interdiction filter” was installed to spot mentions of countries covered by sanctions. Once spotted, the wording on payments was changed to blur the source or direction of funds. Among the challenged transactions are 46 fund transfers worth $490,000 involving Burma, 61 transactions worth $6.71m concerning Cuba, three payments amounting to $60,000 involving Iran and 1,175 transfers of $105m benefiting individuals or government entities in Sudan. Lloyds TSB settled similar sanctions-busting charges in January last year by paying fines of $350m. Credit Suisse faced penalties of $536m and ABN Amro, now owned by RBS, forfeited $500m in May. Political parties face old foes of time and money – Ko Wai and Khaing Suu Mizzima News: Tue 17 Aug 2010 Chiang Mai – With just 13 days left for parties to submit candidate names to the junta’s electoral body, lack of funds has driven many to reduce the number of contestants to enter Burma’s first elections in 20 years on November 7, party leaders say. The junta’s electoral watchdog, the Union Election Commission (UEC), on Friday announced the election dates, designated constituencies for parliament and called on political parties to submit their candidate lists between August 16 and August 30. The period was too short for the political parties and was causing them problems, the leaders said. “For our party, only the rich can be candidates because of the short time period [allowed]. Most of the potential candidates don’t have money. It’s very difficult to collect funds”, Democratic Party (Myanmar) chairman Thu Wai told Mizzima. At first, the party had aimed to find about 200 candidates to stand in the upcoming polls, but the party needed to reduce the numbers of the candidates because every candidate needed to pay 500,000 Kyat (about US$500) to the junta’s electoral commission. The Democratic Party (Myanmar) will contest in the Irrawaddy, Mandalay, Rangoon and Tenasserim divisions and Mon and Arakan states. Rakhine Nationals Progressive Party executive member Tha Hla Aung, who will contest the Pouktaw constituency of Arakan State, said: “I must ask for 500,000 Kyat (about US$500) from my family. And I need to spend about one million Kyat for the electoral campaign. My party cannot give that amount of money.” Similarly, Nyo Min Lwin – the Peace and Diversity Party (PDP) chairman, who lives in Thingangyun Township in Rangoon but will contest a seat in Pyinmana Township, Mandalay – said that although he estimated he would need about 1.5-2 million Kyat ahead of the election, he lacked the 500,000 Kyat (about US$500) to register as a candidate. In keeping with section 16 of the junta’s party registration laws, a party needs to contest in at least three constituencies for it to survive, so PDP first vice-chairman Sandar Oo will contest in Bogalay Township, Irrawaddy Division, general secretary Nay Myo Wai will stand in Mingaladon Township, Rangoon and joint general secretary Aung Myo Oo will contest in Kyeemyindaing Township, Rangoon. Further examples of party poverty were described by 88 Generation Student Youths (Union of Myanmar) vice-chaiman Than Oo, who said that most parties were in a state of chaos because of the time constraints and that his party had also encountered financial problems. They were forced to rethink which of their 100 nominated candidates should stand. Some candidates even have to front their own fees. National Democratic Force (NDF) candidate Khin Maung Yi, who will contest in the Ahlone constituency in Rangoon Division, would deposit 500,000 Kyat to the commission with his own money, he said. From money limits to time, parties are also railing against the short period they will be allowed in their bids to win electorates over. Electoral rules state every party may withdraw their lists of standing candidates before September 3, and they can then start campaigning, but this leaves them only two months to conduct campaigns. Thu Wai, the former chairman of the dissolved Democracy Party, which stood in the 1990 elections, and a former political prisoner of the ruling military junta, said the period assigned to conduct electoral campaigns was very short. “In the 1990 election, we had enough time … We could conduct campaigning freely and did not need to rush as he had about one year to out on the hustings for the 1990 election”, he said. People did not like the junta-backed Union Solidarity and Development Party (USDP), so the more time allowed other parties to conduct the electoral campaigns, the less votes the USDP would win, which was why the UEC had limited the time period, Thu Wai said. PDP chief Nyo Min Lwin, who was born in Pyinmana, two miles (3.2 kilometres) east of the junta’s capital of Naypydiaw, said that his main rival in his Pyinmana constituency was from the USDP, but that he was unconcerned because he had siblings and relatives in the town. He had conducted electoral campaigns there in 1990, so he had a lot of experience, he said adding that his party had five candidates. “I’ll visit to villages on a motorcycle to conduct electoral campaigning. I’ll circulate pamphlets about my political philosophies, biographies and future plans for our country,” he said. “Moreover, I’ll talk to them in person. But, I don’t have money to build stages to preach.” PDP leaders will meet at Aung Myo Oo’s house next Tuesday and will then submit their lists of candidates and the required 1,000 party members and pay the fees at the UEC head office in Naypyidaw before August 29. Tha Hla Aung said members his party’s main rival, the USDP, had received sweetheart deals on permits to run fishery and agricultural businesses so local residents in Arakan State were against them. Arakanese wanted to support Arakanese ethnic parties such as his, so he was unconcerned about success in the upcoming elections. The UEC on Friday has set the election date for November 7. Forty of the 47 political parties were granted permission to form, the rest had either been rejected or were awaiting a decision. Just 15 political parties have submitted lists of party members. Death railway in Burma’s Shan State The Nation (Thailand): Tue 17 Aug 2010 Shan human rights organisations on Tuesday accused the Burmese government of carrying out a sinister agenda aimed at wiping out rebel armies and strengthen its grip on the country’s ethnic nationalities in the name of development. In a report released today, the Shan Women’s Action Network (Swan) and the Shan Human Rights Foundation (SHRF) dismissed the claim that the construction of a new 361-kilometre railway between southern and eastern Shan State will promote development and facilitate passenger travel. “The speed and ruthlessness with which the railway is being carved through this isolated border area reveal a much more sinister agenda,” the report said. The group denounced the project, calling it “an expansion of the Burmese regime’s war apparatus in Shan State.” The two organisations have documented how thousands of acres of farmlands have been confiscated along the route and that farmers have been threatened with prison should they complain about this army project. The railway cuts strategically between the northern and southern territories of the United Wa State Army (UWSA), Burma’s biggest ceasefire group, which has resisted pressure by the junta to surrender their weapons and become a Border Guard Force under the command of the country’s army. The new line will enable rapid deployment of heavy artillery into this remote mountainous region in the event of an offensive against the UWSA or other ethnic resistance forces, according to the report. UWSA is a 25,000-strong ethnic army that entered a ceasefire agreement with the junta in 1989. “This is not a passenger railway, it’s for the army’s tanks and howitzers,” the report quoted Ying Harn Fah of Swan as saying. “The regime is telling the world that their 2010 elections will bring change to Burma, but on the ground they are digging in for war,” said SHRF researcher Puen Kham. “Burma’s neighbours should think twice about investing in these war zones.” According to the report, the railway will pass through the Mong Kok coalfields, opposite Thailand’s Chiang Rai province. The field is a joint investment between Thai businessmen and Burmese authorities to excavate millions of tons of lignite and build a power plant to sell electricity to Thailand. Swan and SHRF are urging Thai and potential investors to reconsider their business plan in this project. Burma to lease over 100,000 acres of Arakanese land to Vietnam – Maung Aye Mizzima News: Tue 17 Aug 2010 Taungup: The Burmese military government is now preparing to least 129,000 acres of land in Arakan State to Vietnam for rubber cultivation, according to a report of local journal Hot News published on 13 August, 2010.The report stated that the Burmese military authority has already agreed to lease the land to a Vietnamese company, but did not mention the name of the company. If true, most of the land located between Taungup Township and Ma Ei Sub-Township in Southern Arakan will be leased to the Vietnamese corporation in the near future. A survey of land in the two townships, including mountain ranges near Ma Ei Sub Township, was recently completed by the survey department. According to a local source, officials from Arakan State’s survey department in Sittwe traveled to the area along with several officials from the local survey department last week to inspect and survey the lands located in the eastern and western parts of Ma Ei Township. In Arakan State, rubber plantation projects began several years ago in 1995, and there are now 2,231 privately-owned acres of rubber plantation as well as 978 acres owned by Industry Ministry 1. The Burmese military government also agreed to lease 50,000 acres of farm land to Bangladesh in 2007, but the project has not yet been implemented for reasons that are unknown. Constitutional truth or trick? – Htet Aung Irrawaddy: Tue 17 Aug 2010 Burma’s new constitution has again become a center of debate among foreign experts, diplomats and social workers working with their different missions, searching for a solution to the current political conflict between democracy and military authoritarianism. The most recent driving factor that awoke their interest is a numerical calculation of the dynamic of the post-election bicameral parliament reached by a locally-grown so-called think tank, EGRESS, based in Rangoon. According to this calculation, if the people correctly elect 333 candidates who will truly represent the people’s desires and interests, the new legislative body will be capable of passing new laws for the benefit of the people, regardless of the military’s 25 percent share of seats in parliament. A deeper analysis of the calculation discloses two key messages: The new constitution and the legislative body emerging under it will have a relatively functioning democratic space and the upcoming election will mark a change for the country. So let’s do the math! The 333 parliamentarians represent the 51 percent of the highest legislative body, the Pyidaungsu Hluttaw (Union Assembly), which is composed of the 664 seats: a combination of the 440-seat Pyithu Hluttaw (People’s Assembly) and 224-seat Amyotha Hluttaw (Nationalities Assembly). Obviously, the EGRESS speculation was based on Article 86 (a) of the constitution which reads: “A matter that shall be resolved in the Pyidaungsu Hluttaw, save as otherwise provided by the Constitution, shall be determined by a majority of votes of the representatives of the Pyidaungsu Hluttaw who are present and voting.” The Pyithu Hluttaw will practice the same principle, according to Article 129 (a). It looks good—and is a great lure for those pro-junta advocates who are often thought to be experts on Burma and who tour the globe trying to convince governments that Burma’s new constitution is not as bad as they thought. Whether this proposal is a truth or a trick is best tested by looking at past and present reality. In an interview with the media not long after the constitutional referendum in 2008, a foreign diplomat said that while the junta currently held 100 percent of the power after the election it would command 25 percent and relinquish the remaining 75 percent. Then he asked: “Isn’t it better?” The reality, however, is that the junta has formed a political party that enables the generals to retain the 75 percent and guarantees them continuing power. The so-called Burma experts are unaware that they have fallen into the trap of the junta’s psycho-warfare operations, unwittingly carrying out the generals’ interests. Meanwhile, the “333” numerical speculation has come at a time when the election is around the corner and frustration is increasing among the political parties at the junta’s total unfairness in the pre-election process. Based on evidence provided by the 2008 constitution, the dynamic of the new bicameral parliament is largely uncertain. Even if the members of the parliaments who claim to be pure democrats, contrary to the junta-backed ones, won 333 seats in the bicameral parliament, their authority is strictly limited by the new executive body led by the president. This evidence can be found in the area of the country’s annual budget bill, a very sensitive area where the stability and development of the country can be decided by the rights and responsibilities shared by the legislative and executive bodies. The constitution explicitly stipulates that the president will submit the country’s “Union Budget Bill” to the Pyidaungsu Hluttaw and that members of parliament have no right to “refuse or curtail” certain parts of the budget. Article 103 (a) reads: “The President or the person assigned by him, on behalf of the Union Government, shall submit the Union Budget Bill to the Pyidaungsu Hluttaw.” However, Article 103 (b) severely restricts the dynamic and power of the parliament with four specific conditions and lists areas of the Union Budget Bill that “shall be discussed at the Pyidaungsu Hluttaw, but not refused or curtailed.” The areas are: First, expenditures of the whole executive body, including the Defense Ministry; Second, debts for which the Union is liable and expenses relating to the debts, and other expenses relating to the loans taken out by the Union; Third, expenditures required to satisfy a judgment, order, decree of any Court or Tribunal; and Fourth, other expenditures which are to be charged by any existing law or any international treaty. The extent of those areas covers almost the entire budget and makes clear that the new bicameral parliament will have no power to influence it. At this point, the question is: How can the 333 MPs who are devoted to serve the people work for the best interests of the people? It can be argued that the 333 MPs can control the presidency election and elect a president who is loyal to them. But there is no electoral law yet for electing a new president of Burma and nobody knows if president is to be elected by a simple majority vote or another voting system. The formulation of a presidency electoral law will doubtless be in the hands of the junta’s Union Election Commission and the presidency voting system will depend on the results of the parliamentary election. * Htet Aung is chief reporter of the election desk at The Irrawaddy. |
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