The BurmaNet News: November 23, 199

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Subject: The BurmaNet News: November 23, 1999

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The BurmaNet News: November 23, 1999
Issue #1407

HEADLINES:
==========
UNGA: 1999 RESOLUTION ON MYANMAR
BKK POST: DONORS NEEDED FOR POPPY PLAN
ASIAWEEK: REPLIES TO ROGER MITTON
BKK POST: KAREN RETREAT
NATION: BURMA TIES - WHO WILL BLINK FIRST
BKK POST: IMMIGRATION REJECTS CLAIM OF PREJUDICE
NATION: BURMESE GETS JAIL SENTENCE
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UNITED NATIONS GENERAL ASSEMBLY: 1999 RESOLUTION ON MYANMAR
12 November, 1999

United Nations A/C.3/54/L.76
General Assembly
Distr.: Limited
12 November 1999
Original: English
Fifty-fourth session
Third Committee
Agenda item 116 (c)

Human rights questions: human rights situations and reports of special
rapporteurs and representatives

Andorra, Australia, Austria, Belgium, Bulgaria, Costa Rica, Czech Republic,
Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia,
Lithuania, Luxembourg, Malta, Monaco, New Zealand, Norway, Poland, Portugal,
Romania, San Marino, Republic of Korea, Spain, Sweden, United Kingdom of
Great Britain and Northern Ireland and United States of America: draft
resolution

Situation of human rights in Myanmar

The General Assembly,

Reaffirming that all Member States have an obligation to promote and protect
human rights and fundamental freedoms as stated in the Charter of the United
Nations and elaborated in the Universal Declaration of Human Rights,(1) the
International Covenants on Human Rights(2) and other applicable human rights
instruments,

Aware that, in accordance with its Charter, the United Nations promotes and
encourages respect for human rights and fundamental freedoms for all and
that the Universal Declaration of Human Rights states that the will of the
people shall be the basis of the authority of government, and therefore
expressing its grave concern that the Government of Myanmar has still not
implemented its commitment to take all necessary steps towards democracy in
the light of the results of the elections held in 1990,

Recalling its resolution 53/162 of 9 December 1998,

Recalling also Commission on Human Rights resolutions 1992/58 of 3 March
1992,(3) in which the Commission, inter alia, decided to nominate a special
rapporteur with a given mandate, and Commission resolution 1999/17 of 23
April 1999,(4) in which the Commission decided to extend for one year the
mandate of its Special Rapporteur on the situation of human rights in
Myanmar,

Recalling the observation made by the Special Rapporteur that the absence of
respect for the rights pertaining to democratic governance is at the root of
all major violations of human rights in Myanmar,

Gravely concerned at the continuing and intensified repression of civil and
political rights in Myanmar, as reported by the Special Rapporteur,

Deeply regretting the failure of the Government of Myanmar fully to
cooperate with the relevant United Nations mechanisms, in particular the
Special Rapporteur, while noting the recent increased contacts between the
Government of Myanmar and the international community,

Noting that the Government of Myanmar, as a state Party to the Convention on
the Elimination of All Forms of Discrimination Against Women, has submitted
its initial report to the Committee on the Elimination of Discrimination
Against Women for its consideration.,

1. Expresses its appreciation to the Special Rapporteur of the Commission on
Human Rights on the situation of human rights in Myanmar for his interim
report,(5) and calls upon the Government of Myanmar to implement fully the
recommendations made by the Special Rapporteur;

2. Urges the Government of Myanmar to cooperate fully and without further
delay with the Special Rapporteur, and to allow him, without preconditions,
to conduct a field mission and to establish direct contacts with the
Government and all other relevant sectors of society, thus enabling him
fully to discharge his mandate, and, in this context, notes with interest
that the Government has expressed that it will give serious consideration to
a visit by the Special Rapporteur;

3. Welcomes the resumption of cooperation with the International Committee
of the Red Cross, allowing the International Committee to communicate with
and visit prisoners in accordance with its standard working rules, and
encourages continued cooperation;

4. Expresses its appreciation to the Secretary-General for his report (6)
and notes with deep concern his conclusion that he is unable to report
concrete progress, with the exception of the visit by the International
Committee of the Red Cross, on issues that the international community has
raised time and again in successive resolutions of the General Assembly and
the Commission on Human Rights;

5. Deplores the continuing violations of human rights in Myanmar, including
extrajudicial, summary or arbitrary executions, enforced disappearances,
rape, torture, inhuman treatment, mass arrests, forced labour, including the
use of children, forced relocation, and denial of freedom of assembly,
association, expression and movement, as reported by the Special Rapporteur;

6. Expresses its grave concern at the increased repression of any form of
public political activity, and at the arbitrary detention and arrest of
those exercising their rights of freedom of thought, expression,, assembly
and association, as well as the harassment of their families;

7. Strongly urges the Government of Myanmar to release immediately and
unconditionally detained political leaders and all political prisoners, to
ensure their physical integrity and to permit them to participate in the
process of national reconciliation;

8. Expresses its grave concern at the escalation in the persecution of the
democratic opposition, notably over the past year, in particular members and
supporters of the National League for Democracy, at the harsh long-term
prison sentences imposed, and at the use by the Government of intimidatory
methods against elected representatives and members of the National League
for Democracy, which forced them to resign from their positions and to
dissolve their party offices;

9. Expresses its concern that the composition and working procedures of the
National Convention do not permit either members of Parliament-elect or
representatives of the ethnic minorities to express their views freely, and
urges the Government of Myanmar to seek new and constructive means to
promote national reconciliation;

10. Strongly urges the Government of Myanmar, taking into account the
assurances given by it on various occasions, to take all necessary steps
towards the restoration of democracy in accordance with the will of the
people as expressed in the democratic elections held in 1990 and, to this
end and without delay, to engage in a substantive political dialogue with
political leaders, including Aung San Suu Kyi, and representatives of ethnic
groups and, in this context, notes the existence of the Committee
representing the People's Parliament;

11. Notes with grave concern that the Government of Myanmar has failed to
review its legislation to cease to inflict the practice of forced labour on
its people and to punish those exacting forced labour, which has forced the
International Labour Conference to exclude the Government from further
cooperation until such time as it has implemented the recommendations of the
Commission of Inquiry;

12. Strongly urges the Government of Myanmar to cease its widespread and
systematic use of forced labour, and to implement the recommendations of the
Commission of Inquiry of the International Labour Organization regarding the
implementation of the Forced Labour Convention, 1930 (No. 29) of the
International Labour Organization, while noting the order by the Government
of Myanmar issued in May 1999 directing that the power to requisition forced
labour under the Towns Act and the Village Act not be exercised, as well as
the invitation for a visit by the International Labour Organization, issued
in October 1999;

13. Deplores the continued violations of human rights, in particular those
directed against persons belonging to ethnic and religious minorities,
including summary executions, rape, torture, forced labour, forced
portering, forced relocations, destruction of crops and fields, and
dispossession of land and property, which deprives these persons of all
means of subsistence;

14. Deplores the continuing violations of the human rights of women,
especially women who are refugees, internally displaced or belong to ethnic
minorities or the political opposition, in particular forced labour, sexual
violence and exploitation, including rape, as reported by the Special
Rapporteur;

15. Strongly urges the Government of Myanmar to ensure full respect for all
human rights and fundamental freedoms, including economic and social rights,
and to fulfil its obligation to end the impunity of perpetrators of human
rights violations, including members of the military, and to investigate and
prosecute alleged violations committed by government agents in all
circumstances;

16. Urges the Government of Myanmar to end the enforced displacement of
persons and other causes of refugee flows to neighbouring countries and to
create conditions conducive to their voluntary return and full reintegration
in conditions of safety and dignity;

17. Notes with interest the recent visit to Myanmar by the envoy of the
Secretary-General for the purpose of discussions with the Government and
with political leaders, including Aung San Suu Kyi and representatives of
some ethnic minority groups, and calls upon the Government of Myanmar to
enter into a constructive dialogue with the Secretary-General in order to
make better use of his good offices;

18. Requests the Secretary-General to continue his discussions on the
situation of human rights and the restoration of democracy with the
Government of Myanmar, to submit additional reports to the General Assembly
during its fifty-fourth session on the progress of these discussions, and to
report to the Assembly at its fifty-fifth session and to the Commission on
Human Rights at its fifty-sixth session on the progress made in the
implementation of the present resolution;

19. Decides to continue its consideration of this question at its
fifty-fifth session.

ADOPTED BY CONSENSUS, 19 NOVEMBER, 1999
(1) Resolution 217 A (III).
(2) Resolution 2200 A (XXI), annex.
(3) Official Records of the Economic and Social Council, 1992, Supplement
No. 22 (E/1992/22), chap. II, sect. A.
(4) Ibid., 1999, Supplement No. 3 (E/1999/23), chap. II, sect. A.
(5) A/54/440
(6) A/54/499

*****************************************************

THE BANGKOK POST: DONORS NEEDED FOR POPPY PLAN
22 November, 1999

VOW TO END OPIUM CULTIVATION BY 2008

AFP, Mong Pawk, Burma -- The United Nations drug control agency is
struggling to find more donors for a major project to reduce opium
production in impoverished Burmese villages, officials from the organisation
said.

In a bid to drum up funds, diplomats were flown by helicopter this week to
the eastern Shan state, the heartland of Southeast Asia's Golden Triangle
and the target of the UN's $15.8 million project to wean communities off
poppy cultivation.

The United Nations International Drugs Control Programme so far has received
a total of nearly $8 million from the United States and Japan, chief
technical adviser John Dalton said on Friday.

The project targets nearly 600 villages in territory close to the Chinese
border controlled by the United Wa State Army. The army, which reached a
cease-fire with Burma's military regime in 1989, is regarded by US narcotics
officials as the nation's leading producer of heroin and methamphetamines.

The USWA has promised to end opium cultivation in its autonomous area by
2005. But army chairman Pau Yu Chen told the visiting diplomats in a speech
that the UN's proposed $15.8 million would not be enough to improve the
living standard of villagers who sell opium as a cash crop.

People in the region already live in poverty, reaping little profit from
their crop. Most opium money goes to drug dealers who process it into heroin
and sell it in other countries like Thailand and Laos.

Mong Pawk, in the UWSA's autonomous area in Shan State, lies 400km northeast
of Rangoon and just 50km from the Chinese border.

Diplomats from Britain, Germany, France, China were among those who
travelled to Burma to hear about the UN project, which aims to introduce
alternative crops and new ways to make money.

The UN group is also building roads and setting up schools, health clinics
and providing fresh water supplies to the area.

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ASIAWEEK: REPLIES TO ROGER MITTON
19 November, 1999

LETTERS & COMMENT

Like Roger Mitton I find Yangon a very pleasant place to visit ["A Tale of
Two Countries," INSIDE STORY, Nov. 12]. But his attempt to "bust a few
myths" about Myanmar doesn't ring true. That many different brands of
condoms are on sale in a Yangon shop doesn't tell us much about how the
junta is dealing with Myanmar's AIDS epidemic. It's good that he can get a
copy of the International Herald Tribune in his hotel, but that doesn't mean
the paper is freely available to ordinary people. He travels around
unharassed by Military Intelligence spooks, but who is naive enough to
believe that ordinary Burmese enjoy the same freedom?

Mitton trivializes Burma's political tragedy by making Aung San Suu Kyi look
like a spoiled Hollywood starlet. Suu Kyi's apparent opposition to
constructive engagement has raised lots of justified doubts. But Mitton's
over-all whitewash of the junta (he does mention some bad things) is
misleading, and his treatment of the pro-democracy leader just isn't fair.

Donald M. Seekins, Okinawa, Japan

_______________________

Where does Mitton get his information about Burma? Has he really been there
four times in 18 months? He must be completely naive to believe the stories
he has heard. Who told him Aung San Suu Kyi is still under house arrest? She
was released in 1995. It is well known that the National League for
Democracy can meet at its headquarters. But if the NLD is able to function
as a normal political party as it's implied, why could it not celebrate its
anniversary in September? Sure, condoms are available in Rangoon, but what
about in the countryside and at what price?

Mitton implies that since Suu Kyi is not under house arrest, she is free. If
so, why did the authorities block her on the bridge last year? As for the
myth he exposed that people are not allowed to be out and about between 8
p.m. and 4 a.m., this happens only when there is a curfew, as happened in
August-September.

His travel overland to Moulmein (Mawlamyine) and Kyaiktiyo does not prove
that the military is in control of the country. People have been traveling
that route for years. It is one of the "safe" areas. He should try other,
more inaccessible, areas, especially if the military says he can go where he
wants. His report on the closed universities and his comment that "if the
regime cannot risk opening the universities . . . then there is no real
stability" is more what I would expect from a seasoned journalist.

The other puzzle is why one page is devoted to Ne Win's gun-packing grandson
and his odious behavior if the incident is an exception, as Mitton claims.
Is he trying to say that Ne Win is the bad guy and that Ko Lay, Hla Min and
Win Aung are the good guys? The sad fact is that there is no rule of law in
Burma. The generals and those in power can do as they like.

The myth Mitton should help to explode is that there are Western economic
sanctions against Myanmar. There are none. The exception is the United
States, which bans new investments. There are no investments because of the
Asian economic crisis and mainly because investors cannot make a profit
given the generals' ad hoc, unpredictable management style.

Ham Yawnghwe, European Office for the Development of Democracy in Burma,
Brussels

_______________________

Mitton claims that "few people believe economic sanctions will precipitate
change." But investing with dictators also does not precipitate change and
simply reinforces the status quo of corrupt crony capitalists. The writer
discusses his 200-kyat haircut and the 200-kyat purchase of Burmese-brand
condoms. 200 kyats is more than the weekly salary of many government
employees in Burma.

Where else in Asia does a haircut cost more than the weekly salary of a
government employee? Where else in Asia does hotel accommodation for one
day, at Traders Hotel, cost more than the annual salary of a
director-general, the highest-ranking civil servant in Burma? There are many
bad governments in the developing world. But only two stand out in having
destroyed the country by closing all colleges for almost a decade. In
happened during the Cultural Revolution in China and during the present
military occupation of Burma.

The sad and hard reality is that the window of opportunity for a negotiated
political settlement in Burma may have closed. The regime may have succeeded
in marginalizing Suu Kyi but created a bigger problem for itself. The recent
commando raid by five Burmese freedom fighters on the Burmese Embassy in
Bangkok is possibly the beginning of a new phase in Burmese politics.

Myint Thein, Dallas, Texas

*****************************************************

THE BANGKOK POST: KAREN RETREAT
22 November, 1999

RATCHABURI

About 1,000 Karen "God's Army" rebels and their families are poised to cross
into Thailand following heavy fighting with Burmese troops at their
stronghold over the past six days.

Three Rangoon soldiers were wounded and one rebel was killed during an
exchange of fire yesterday.

Provincial authorities rushed health officials to the border at Ban Mae
Pialek in Suan Phueng district over fears of communicable diseases.

*****************************************************

THE NATION: BURMA TIES - WHO WILL BLINK FIRST?
22 November, 1999 by Kavi Chongkittavorn

THINK THAI

Question: Who is making a big u-turn on Burma? Answer: Probably Foreign
Minister Surin Pitsuwan. Surin said last week he would visit Burma after
receiving an invitation letter from one of the junta leaders in Rangoon,
Khin Nyunt. No one knows what his exact intentions are. So far he has
refused to divulge if he is going and when.

But political pundits say he might go to Rangoon tomorrow for a brief
stopover to chitchat with the junta leaders. Then he will leave the next day
for the informal Asean summit in Manila, where all the movers and shakers
from Asean and East Asia will spend a weekend cementing their economic and
political ties.

The trip to Burma at this crucial juncture raises more questions than
answers, particularly those related to Surin. Political insiders believe
Surin must have good reason to risk his political career and Thailand's
reputation in exchange for his brief presence in Rangoon.

Since the Burmese Embassy siege, which Thailand managed to end without any
bloodshed, Thailand's policies towards Burma have undergone a metamorphosis
on two levels - public and decision makers.

Of late, the Thai public has been kept guessing as to what is going on with
the country's Burmese policies and Surin's proposed visit. There has been a
big increase in awareness of Burma's intransigence and treatment of its
people. For instance, the Burmese illegal workers and students in exile have
been considered Thailand's problem during recent years. Now they know that
the problems are caused by Burma.

It's safe to say that the public's mood has shifted for good. Even a handful
of enlightened businessmen are, for the first time, willing to suffer a loss
to back the country's diplomatic stand. The government's action has received
widespread support even though the opposition leader, Gen Chavalit
Yongchaiyudh, has chided its handling of Burmese affairs.

This is understandable because it was Chavalit who served the junta leaders
in earlier days following the student uprising in August 1988. The junta
prefers dealing with Chavalit, or for that matter Banharn Silapa-archa,
rather than Chuan, who has yet to visit Burma.

Throughout the past week, the Foreign Ministry's fifth floor has been
buzzing with well-known business chiefs who have invested in casinos and
other businesses in Burma. These investors have been trying to convince
Surin that it is in the national interest and, of course, theirs to fly to
Rangoon and talk to the junta leaders. The Burmese side is ready to give
concessions - this time with large and long term concessions - to the
minister and Thailand. They happen to think that it is good for Surin, who
will return as a hero even after just a few hours in Rangoon.

These investors, with some old pals from the military, who have struck
golden deals with the junta in the past, have tempted the ministry's
decision-makers to reverse their current stand on Burma. In Rangoon, the
government has already announced that Surin is coming to Rangoon on Tuesday
morning and will be leaving later the same day.

As far as decision-making is concerned, Surin has reiterated that the
Foreign Ministry is the principle organisation to handle bilateral issues
between the two countries. The ministry represents the collective decision
of the Thai government. In short Surin is calling the shots, not the men in
green or khaki. To have made such a proclamation in the past would have
caused widespread mirth because everybody, including the Burmese junta
leaders, knew only too well that it was the military leaders who decided
matters with Burma.

In the past seven weeks since the embarrassment over the siege, the junta
leaders have tried very hard to seek direct negotiations with the military,
especially with those top brass who are their cronies. They have lobbied the
opposition parties and pressured the government in the hope that the border
checkpoints will be reopened together with the resumption of fishing
concessions and other matters. But it did not work, thanks to Army Chief Gen
Surayud Chulanont who insists the ministry must take the lead.

Having failed to entice the military, the junta leaders are trying a new
strategy. They are now moving to put their money where their mouth is.
Through their Thai friends, the military junta leaders have recently shifted
their attention exclusively to Surin and his senior ministry officials,
mainly those with connections to Burma.

If Surin decides to proceed with the trip, he will be the first leader to
visit Burma since the United Nations adopted one of its toughest resolutions
condemning human rights violations in Burma. (Interestingly, if there had
been an open vote in the General Assembly, Thailand was ready to vote in
support of the resolution, breaking from the Asean norm.)

The visit will provide an opportunity for the junta leaders to express their
sincere gratitude towards Surin, who has been quite kind to them. Surin has
had to make many sacrifices to visit Burma including a big u-turn in the
government's stance. After all, it was Surin who proposed the policy of
flexible engagement, also known as enhanced interaction, to assist Burma and
end its isolationism.

Significantly, the junta leaders will permit Surin to meet with opposition
leader Aung San Suu Kyi. On top of all that, the Burmese might ask Surin to
serve as a facilitator for dialogue between them and "the lady".

Harvard-educated Surin has said many wise words on diplomacy. One important
element in Thai-Burmese relations, he pointed out recently, is "who will
blink first" We will find out soon enough whether Surin has a gunfighter's
resolve. History will be in the making in just a matter of hours.

*****************************************************

THE BANGKOK POST: IMMIGRATION REJECTS CLAIM OF PREJUDICE
22 November, 1999 by ANUCHA CHAROENPO

NO DISCRIMINATION IN KICKING ILLEGALS OUT

Thai Immigration officials yesterday denied allegations they had pressured
Burmese male workers by arresting and deporting their wives and children in
a crackdown against immigrant labour.

The Immigration Bureau is the agency directly responsible for repatriating
the workers.

The denial was in response to an open letter by activists.

Several Thai civil rights groups claimed in the letter that the government
is targeting Burmese women and children in its campaign to deport them.

They called on the government to halt the crackdown.

Pol Maj-Gen Charnvut Watcharabukka, a deputy chief, said the allegation was
false. He said the arrest and deportation of all
Burmese illegal workers had been carried out under Thai law.

He said the Burmese had illegally entered the country.

Police were entitled to arrest and send them back home, Pol Maj-Gen Charnvut
said.

Over 70,000 Burmese workers have been deported since November 3.

The workers were mostly from Mae Sot district in Tak province, Chiang Rai
and Ranong.

Pol Maj-Gen Charnvut said immigration police had a policy of never
separating children from their parents or wives from their
husbands as claimed.

"This allegation is ridiculous and isn't consistent with the facts.

"We want them to live happily together.

"We have never violated any basic human rights," he added.

*****************************************************

THE NATION: BURMESE GETS JAIL SENTENCE
22 November, 1999

A Ratchaburi Court yesterday, sentenced a Burmese student to four months in
jail and fined him Bt2,100 for assaulting two Thai security guards at the
Magnolia holding centre last week.

The court also placed the student, Myint Rui, on one year's probation for
the assault on security guards Somchai Bunlert and Somsak Kunglung at the
centre on Nov 16.

Myint Rui was convicted on two charges: obstructing and assaulting
authorised officials.

The court was told that on Nov 16, Myint Rui, carrying a fake gun,
obstructed and refused a search request by security guard Sumitr Buntin. He
then punched Somchai and Somsak when they came to Sumitr's assistance.

Myint Rui was the first to face trial after Burmese students at the Maneeloy
centre conducted a series of assaults on Thai and UN High Commissioner for
Refugees officials.

The Burmese students' anger at Thai authorities increased after they imposed
stricter regulations at the centre and demanded that those who were still
outside must return or face legal action.

Thai villagers living around the centre had complained repeatedly that the
students were drunken, noisy and stole their chickens.

Government spokesman Akapol Sorasuchart said Burmese students who are
dissatisfied with Thai rules should leave the country. The spokesman was
responding to a report that the Burmese students had circulated their
criticism of the Thai worldwide through the Internet.

Meanwhile, about 1,000 Burmese would soon cross over the border into
Ratchaburi province to evade Burmese government troops trying to take over
the headquarter of a dissidents' army which reportedly gave sanctuary to
five captors of the Burmese embassy in Bangkok, provincial officials said.
The Burmese are now taking shelter only about 500 metres from the border
which is close to the province's Suan Pueng district, they said.

The Burmese troops feel the God's Army of Gen Oliver, whose headquarters is
close to the district, has provided protection to five students who seized
the Burmese Embassy in Bangkok in Oct 1.

Sporadic fighting during the past few years has forced the Burmese to move
closer to the border, the officials said. Col Samphan Yungpakul, commander
of the 29th Infantry division, yesterday said that he has already arranged a
staging area for any Burmese who enter the province to escape the
hostilities.

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