The Curious Case of Nyi Nyi Aung

Six months ago, a man named Nyi Nyi Aung landed at the Yangon International Airport in Myanmar (formerly known as Burma). He had come to Myanmar in the hopes of visiting his mother, who is currently in jail for pro-democracy activities and sick with cancer. Before he could clear customs, Aung's baggage cart was seized by airport personnel and he was told to come into their offices to answer some "personal questions." Although Aung has a background as a human rights activist, and was a prominent leader during Burma's 1988 uprising, he had broken no laws. Perhaps more important, Aung is also an American citizen, which should have provided some insurance against wrongful incarceration.

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Once inside the airport offices, Aung said he was interrogated about his political activities and contacts by military security from both the Myanmar Air Force and Navy. He was then handcuffed, blindfolded, and driven for several hours to an unknown destination. While in the car, Myanmar police threatened to beat and kill him. When Aung was finally dropped off at an interrogation center, he was placed in a small, dark room, handcuffed to the table and kicked repeatedly while security officials grilled him on purported terrorist activities.

In an apparent attempt to tie him to illegal activities inside Myanmar, they demanded, Where are the C4 explosives? Where are you hiding the weapons? Where are the satellite phones? Aung, who claims he was innocent of any wrongdoing, answered only that he hoped for national reconciliation and a free, democratic Burma. Security forces were unrelenting in their interrogation, he said, and kept him awake for two weeks while torturing him and denying him food of any kind. On the 14th day, they let him take a shower.

Aung relayed these details to me over the phone this week from suburban Maryland, where he has finally returned after being held for more than six months in a Myanmar jail. Because there was no evidence to support the government's initial terrorism charges, Aung was convicted on trumped-up charges of forging a national identity card, possessing undeclared foreign currency, and failing to renounce his Burmese citizenship when becoming an American citizen. For this, he was sentenced to five years of hard labor.

Last Friday, the Myanmar government announced that they were giving Nyi Nyi Aung an early release because of their "friendship" with the U.S. government. While this gesture was certainly not lost on an administration that is attempting a policy of engagement with the Myanmar military junta, one can safely say that no part of Myanmar's treatment of Nyi Nyi Aung was in any way friendly. But it is perhaps also safe to say that the U.S. response to his abduction and incarceration wasn't exactly angry or contentious, either -- it wasn't much of anything, really. Neither the president nor the secretary of state released a statement after Aung's sentencing -- a pointed counter to Bill Clinton's televised airlift of imprisoned U.S. citizens Euna Lee and Laura Ling a few months earlier. The only response was a brief three-line statement from State Department spokesperson P.J. Crowley, who called Aung's sentencing "unjustified."

For the first 14 days of his incarceration, Aung told me, he felt "very alone." He had no contact with anyone from his family or from the U.S. Embassy in Rangoon. His thoughts, he said, went from being sure that, as a U.S. citizen, his release would be imminent, to fear that the U.S. government was powerless with the Myanmar regime. Aung estimates that on the 18th or 19th day, a deputy from the U.S. Embassy was able to visit him, and assured him that they were "following his case" and that "requests had been filed."

Over the next few months, Aung estimated that consular officials visited him once a month, every two months, and sometimes, every 45 days. In the meantime, he was kept in solitary confinement. Because of his history as a human rights organizer, Myanmar security apparently feared he would find a way to impart his knowledge to other political prisoners, so he was kept as far removed from the rest of the prison population as possible, oftentimes in pens reserved for security dogs. This did not deter him. Aung said: "We just shouted to each other through the walls. Many of the prisoners are much younger than me, so I told them my thoughts about community organizing, about human rights and democracy. I was trying to train them, in a way."

When Aung tried to take up the case of Myanmar's estimated 2,100 political prisoners, U.S. Embassy officials told him "they were unable to discuss political issues." He would ask what, precisely, was being done for incarcerated activists, and their response, he said, was that they were trying, but "the Burmese regime was very difficult." According to Aung, the top U.S. Embassy official in Rangoon never visited him.

In the end, what may have secured Aung's release is a confluence of things. Several weeks ago, the Myanmar junta announced its election law, which, among other things, requires the expulsion of Myanmar democracy leader Aung San Suu Kyi from her party, the National League for Democracy, and excludes many pro-democracy activists from running. The international community has responded to the junta's election law with overwhelming criticism. This law holds particular importance for the regime, which is intent on legitimizing its rule via elections scheduled for later this year.

The U.S. State Department, in the meantime, has found itself defending the efficacy of its engagement policy as the Myanmar regime has, in recent months, increased persecution of dissidents, violent attacks on ethnic minorities, and shown an increasingly hostile attitude toward Aung San Suu Kyi, who remains under house arrest. Nyi Nyi Aung's fiancee, Wa Wa Maw, publicly aired much of her frustration at the lack of progress on Aung's case in an op-ed in The Wall Street Journal. For a regime looking for a distraction and an administration hungry for a win (or just a decisive development on the international stage), perhaps the time for a backroom deal on Nyi Nyi Aung's freedom, 197 days later, had arrived.

When he learned of his impending freedom, Aung said he didn't feel much. "I might have gotten released, but all my colleagues, my family -- they are still in jail. I can't really be happy." And though Aung said he was thankful for efforts by the international community to secure his release, he still wondered: "I know the U.S. government has a lot of responsibilities, but I am an American citizen, too. Why is it that [Missouri resident] John Yettaw [who swam illegally across a lake to meet with Aung San Suu Kyi] was freed so quickly?" Aung further took issue with current U.S.-Myanmar policy: "The U.S. keeps talking about carrots. How many Burmese lives will be lost before they get to the sticks?"

Since he arrived home, Aung has been seeking emergency medical attention for injuries incurred during his interrogation and incarceration. While in jail, Aung remained in considerable pain, and though he received injections of painkillers, Burmese prisons are notorious for transmitting deadly viruses (including Hepatitis and HIV) via contaminated needles. His fiancee has reported that so far tests have come back negative. Right now, she said, her primary focus is on applying for financial assistance to help pay for Aung's mounting medical bills, for which they have no health insurance. "He's in excruciating pain," she said. "I can see it in his face."

To make a contribution towards Nyi Nyi Aung's medical care, visit Freedom Now (please earmark the donation as "Nyi Nyi Aung Medical Care")


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88 Generation Activists Given 65 Years

By SAW YAN NAING
The Irrawaddy News
Tuesday, November 11, 2008

Fourteen leading activists, including five women, from the 88 Generation Students group were each given 65-year sentences on Tuesday morning for their political activities during the monk-led uprising in Burma last year, according to sources close to their families.

The lengthy imprisonments were seen as an indication the Burmese military government was invoking harsher punishments on dissidents.

The 14 activists— Min Zeya, Jimmy (aka Kyaw Min Yu), Arnt Bwe Kyaw, Kyaw Kyaw Htwe (aka Ma Kee), Panneik Tun, Zaw Zaw Min, Than Tin, Zeya, Thet Zaw, Mee Mee, Nilar Thein, Mar Mar Oo, Sandar Min and Thet Thet Aung—were sentenced at a court inside Insein Prison, said the sources.

The 88 Generation Students group were seen to be involved in the mass protests against the increased fuel prices enforced by the Burmese government in August 2007.

Meanwhile, a prominent labor rights activist, Su Su Nway, was sentenced to 12 and a half years, said a source who visited Insein Prison on Tuesday.

In late October, nine leaders of the 88 Generation Students group, including Min Ko Naing, Ko Ko Gyi and Htay Kyew, were sentenced to six months imprisonment under Section 228 of the penal code—for contempt of court—by the Northern District Court inside Insein Prison in the northwestern suburbs of Rangoon.

Court sentenced blogger for over 20 years, poet for two years - Nay Phone Latt

by Than Htike Oo
Mizzima News
Monday, 10 November 2008 23:37

Chiang Mai – A court in Rangoon's notorious Insein prison on Monday has sentenced a popular Blogger Nay Phone Latt to over 20 years in prison.

Nay Phone Latt, who was arrested on 29 January, on Monday was sentenced by the Insein prison court on three counts including charges under section 505 (b) of the Penal Code - crime against public tranquillity.

The Blogger's mother Aye Aye Than, told Mizzima that her son was sentenced to two years under section 505(b) of the Penal Code, three and half years under sections 32(b)/36 of the Video Law and 15 years under section 33(a)/38 of the Electronic Law.

"We were waiting outside during the court proceedings and after the court session we asked the judge about the quantum of punishment. The judge and prosecutor informed us regarding the judgement," she said.

The 28-years-old, Nay Phone Latt, a famous blogger, is also a youth member of Burma's main opposition party - National League for Democracy. He runs internet cafés in several townships in Rangoon including "The Explorer" in Pabedan Township, and "Heaven" in Thingangyun Township.

His mother Aye Aye Than said that she had no idea why they had sentenced her son to such a long term in prison.
(JEG's: someone ought to tell her...)

"He is the first ever blogger to be arrested in Burma. I have no idea why they punished my son with such a harsh judgement. Blogging is perhaps a very serious crime in the opinion of the authorities," his mother said.

Meanwhile, Nay Phone Latt's defense counsel, Aung Thein, was also sentenced to four months prison-term in absentia on November 7, for a charge of contempt of the court.

Similarly, poet Saw Wei was also sentenced to two years in prison on Monday with charges of 'inducing crime against public tranquillity'.

He was arrested in February, after his poem entitled 'February 14' was published in the Weekly 'Ah Chit' (love) Journal. In his Burmese poem, putting together of the first words of all the lines spells out 'Power Crazy Snr. Gen.Than Shwe', which provokes the authorities and he was immediately arrested.

"I am worried about his health. I want to arrange proper medical treatment outside the prison for him, where X-ray facility would be available in order to diagnose his back and waist pain. Currently, he cannot get these treatments inside the prison. He has to cover his body with a towel all the time. This morning too at the court, he could not sit for a long time and had to stand up frequently to ease his pain when speaking," Saw Wai's wife told Mizzima.

Soe Maung, the defense counsel of Saw Wai said, despite of the court's verdict, he will continue filing appeals for revision, as he thinks the trial were not free and fair enough.

"We will file an appeal against this judgment at all levels of the courts including an appeal for a revision case. We intend to do as much as the law and judicial proceedings permit us to, within the legal framework, until we reach the last stage. I am preparing for an appeal on my client's instruction," Soe Maung said.

Meanwhile, media watchdogs the Reporters Without Frontiers (RSF) and Burma Media Association (BMA) has slam the junta for its unfair trials on the two writers – Nay Phone Latt and Saw Wai – and the verdict to sentenced them.

The two organisations said, they are appalled by the combined sentence of 20 years and six months in prison that a special court in Insein prison passed on Nay Phone Latt and two years to poet Saw Wai.

"This shocking sentence is meant to terrify those who go online in an attempt to elude the dictatorship's ubiquitous control of news and information, and we call for his immediate release. Saw Wai, for his part, is being made to pay for his impertinence and courage as a committed poet," the two organisations said in a press statement.

The two media watchdogs also call on all bloggers and poets around the world to show their solidarity towards Nay Phone Latt and Saw Wai.

"There is an urgent need now for bloggers all over the world to demonstrate their solidarity with Nay Phone Latt by posing his photo on their blogs and by writing to Burmese embassies worldwide to request his release. Similarly, we call on poets to defend their fellow-poet, Saw Wai, who has been jailed just because of one poem," said the two organisations.

---And---

Young Burmese Blogger Sentenced to more than 20 Years in Jail
By SAW YAN NAING
The Irrawaddy News
A young Burmese blogger who was a major source of information for the outside world on the brutal regime crackdown on the September 2007 uprising was sentenced to 20 years and six months imprisonment on Monday.

Nay Phone Latt, 28, was sentenced by a court in Rangoon’s Insein Prison, according to his mother, Aye Than. He was convicted of contravening Public Offense Act 505 B by posting a cartoon depicting junta leader Snr-Gen Than Shwe on his blog site.

Nay Phone Latt’s colleague Thin July Kyaw was sentenced to two years imprisonment, Aye Than reported.

Another dissident who ridiculed the regime, Saw Wai, was sentenced to two years imprisonment for publishing a poem mocking Than Shwe in the weekly Love Journal, according to Rangoon sources. The first words of each line of the Burmese language poem spelled out the message “Senior General Than Shwe is foolish with power.”

Nay Phone Latt’s blogs during the September 2007 uprising provided invaluable information about events within the locked-down country.

Two Rangoon journalists, Htun Htun Thein and Khin Maung Aye, of the privately-owned weekly News Watch, were arrested on November 5 and are being detained in Insein Prison. The media rights organizations Reporters without Borders and Burma Media Association have demanded their immediate release.

The current regime crackdown is also aimed at silencing legal attempts to ensure fair trials for dissidents now appearing before judges in closed court sessions.

Two weeks ago, three defense lawyers, Nyi Nyi Htwe, Aung Thein and Khin Maung Shein were imprisoned for between four and six months for contempt of court after complaining of unfair treatment.

Four other defense lawyers, Kyaw Hoe, Maung Maung Latt, Myint Thaung and Khin Htay Kyew have been barred from representing their clients since November 5, according to Kyaw Hoe. The lawyers are representing several dissidents, including members of the 88 Generation Students group.

“I asked a prison authority why I was not allowed to appear in court,” said Kyaw Hoe. “He said there was no reason and that the order had come from higher officials.”

Members of the 88 Generation Students group were now appearing daily in court without their defense lawyers, Kyaw Hoe said.

Two lawyers, Myint Thaung and Khin Htay Kyi, who represent the prominent labor activist Su Su Nway, withdrew from court proceedings at the weekend, citing unfair treatment, according to the accused’s sister, Htay Htay Kyi.

Htay Htay Kyi said Su Su Nway would be sentenced on Tuesday. The winner of the 2006 John Humphrey Freedom Award was originally charged with “threatening the stability of the government,” under articles 124, 130 and 505 of the penal code, but new charges have now been added.

In a statement in Washington, the US State Department criticized the imprisonment of the four defense lawyers and urged the Burmese regime to drop all charges and release them.

Deputy Spokesman Robert Wood called on the junta to stop harassing and arresting citizens for peacefully practicing their internationally recognized human rights, to release all political prisoners, and to start a genuine dialogue with democratic forces and ethnic minority groups for democratic reform in Burma.
Monday, November 10, 2008

Min Ko Naing Transferred

By MIN LWIN
The Irrawaddy News

Former student leader Min Ko Naing and eight leading political activists from the 88 Generation Students group were transferred on Friday morning from Rangoon’s Insein Prison to Maubin Prison in Irrawaddy Division two days after they were sentenced to six months imprisonment for disrespecting the court, according to sources inside Insein Prison.

A staff member at Insein told The Irrawaddy on Friday that Min Ko Naing and eight political prisoners were loaded into a prison truck, which left the prison at about 7am escorted by two police vehicles.

The nine members of the 88 Generation Students group were sentenced to six months imprisonment on Wednesday under Section 228 of the penal code—for contempt of court—by the Northern District Court inside Insein Prison in the northwestern suburbs of Rangoon.

According to the source, the nine political prisoners were named as Min Ko Naing, Ko Ko Gyi, Pyone Cho (aka Htay Win Aung), Htay Kywe, Mya Aye, Hla Myo Naung, Nyan Lin, Aung Thu and Myo Aung Naing.

Several members of the 88 Generation Students group were arrested, including Min Ko Naing, Ko Ko Gyi and Pyone Cho, after they led a march on August 19, 2007, against sharp increases in the price of fuel and other commodities, which led to mass demonstrations led by Buddhist monks the following month.

Since August 2008, more than 35 members of the 88 Generation Students group have been charged by the Insein Prison Special Court under a variety of charges, including Section 4 of the SPDC Law No. 5/96 (Endangering the National Convention).

The joint-secretary of Thailand-based Assistance Association for Political Prisoners (AAPP-Burma), Bo Kyi, said that the nine members of the 88 Generation Students group were moved to Maubin Prison because they verbally appealed to the judge for “free and fair justice.”

“They will not get regular family visits in Maubin,” Bo Kyi said. “The prison transfer will cause trouble for the prisoners’ health, their families and their lawyers.”

According to the AAPP-Burma, a political prisoner, Kyaw Myo Thant, died in Maubin Prison in 1990 under what it called “awful” conditions.

Burmese opposition demonstrate against visiting Burmese General

Dhaka, Bangladesh (Kaladan): Around 30 people belonging to the Burmese opposition in exile staged a demonstration in front of Eidga gate near the National Press Club and high court against the visiting Vice-Senior General Maung Aye, the Vice-Chairman of the State Peace and Development Council of Myanmar today morning.

The demonstration lasted only 30 minutes as the Bangladesh police intervened. There was palpable tension between the police and demonstrators for a while as the police seized posters from the protesters, said Naing Naing, who participated in the demonstration.

"We distributed leaflets written in English and Bengali to the local people on the streets near the press club, high court and Eidga gate before we started the demonstration, he added.

Vice-senior general Maung Aye arrived in Bangladesh today on a three-day official visit, at the invitation of the chief adviser, Fakhruddin Ahmed.

The Burmese general led a 55 member delegation including the Burma Foreign Minister, Nyan Win and some leading businessmen to discuss a host of outstanding issues between the two nations.

Maung Aye is scheduled to meet the chief of Bangladesh's interim administration, Fakhruddin Ahmed, to discuss bilateral issues today afternoon, said the official.

"We have a number of projects lined up with Burma. I'm positive the visit will boost our cooperation in all these areas," Foreign Adviser Iftekhar Ahmed Chowdhury told the media yesterday.

"Our discussions would focus on construction of a road, which would hopefully link Bangladesh to China, leasing land for agriculture and completion of the all-important maritime boundary talks. Repatriation of Rohingya refugees may come up in the discussion," said the foreign adviser.

"At the meeting, Burmese authorities would be asked to expedite the repatriation process which remains stalled since 2005," said a home ministry official.

The visit is taking place after Bangladesh and Burma signed an agreement in Dhaka in July 2007 to construct a 25-kilometre direct road link between the two neighbouring countries at a cost of $ 20million. The road will link Gundhum in Cox's Bazaar to Bawlibazaar (Kyein Chang) in Burma. It will also connect China's Kunming under a tri-nation road connectivity which will give further access to Thailand, Malaysia and Singapore and to the Asian Highway.

According to his itinerary, Maung Aye, the Deputy Commander-in-Chief of the defense services and Commander-in-Chief of the Burmese Army will call on the President, Iajuddin Ahmed, at Bangabhaban on October 8.

The next day, the Myanmar general will begin his day by paying tribute to the war of independence martyrs at the National Martyrs' Memorial at Savar. He will then hold a meeting with the Chief of Army Staff, General Moeen U Ahmed, in the army headquarters and visit the Military Institute of Science and Technology in Mirpur.

On October 9, Maung Aye, the second highest-ranking member of the Burmese military regime, will go to Rangamati and stay there until his departure for Rangoon from Chittagong in the afternoon. General Moeen U Ahmed will see the Burmese leader off at Chittagong Shah Amanat International Airport.

Maung Aye was scheduled to visit Bangladesh in 2007, but it was cancelled because of unrest in Burma after the monks staged nationwide demonstrations against the regime.

After 2002, this will be the third official visit between the two countries. Burma SPDC chairman senior general Than Shwe visited Dhaka in December 2002 and in 2003, then Bangladesh Prime Minister Khaleda Zia went to Rangoon.

See photos at: Kaladan Press

U Gambira Ill; Misses Court Date

The Irrawaddy News

Ashin Gambira, the detained leader of the All Burmese Monk’s Alliance (ABMA), did not appear for trial on Monday because of illness, his lawyer said on Tuesday.

The lawyer, Khin Maung Shein, told The Irrawaddy that Ashin Gambira is reportedly sick and receiving medical treatment in Rangoon’s notorious Insein Prison hospital.

“We do not know what kind of illnesses he is suffering, but he looked frail during his previous trail and he suffered from nausea,” Khin Maung Shein said.

Ashin Gambira is one of the monks who organized the 2007 pro-democracy uprising. After security forces brutally suppressed peaceful demonstrations on September 26-27, he was arrested and subsequently disrobed by authorities without consultation with the Sangha institution.

Ashin Gambira has been charged with nine separate criminal offenses by the military court. The charges include: State Offence Act 505 A and B, Immigration Act 13/1, Illegal Organization Act 17/1, Electronic Act 303 A and Organization Act 6, generally having to do with threatening the stability of the state.

The ABMA led thousands of monks and civilian protesters in street demonstrations last year in Rangoon and other cities. The military authorities’ bloody crackdown officially left at least 10 people dead, although human rights groups say up to 31 protesters may have been killed while thousands of monks and civilians were arrested and detained.

Meanwhile, relatives of student activists from the 88 Generation Students’ Group who were arrested for their involvement in last year’s protests have asked prison authorities to notify them when a detained family member is scheduled to stand trial.

In late August, the 88 Generation Students’ Group asked military authorities to allow family members to enter the courtroom and to allow a defendant to appear in court without handcuffs and in the presence of witnesses during a court hearing, in accordance with international laws.

Military authorities reportedly agreed to allow family members to enter the courtroom, but the agreement broke down on Friday when some family members were denied access to a courtroom.

“We were ordered by prison authorities on Friday not to come to the court anymore,” said Win Maung, the father of Pyone Cho, a student leader of the 88 Generation Students’ Group. “We are disappointed about this, and we have verbally appealed to the prison authorities to allow us to see our children and friends in prison.”

“We plan to summit an appeal letter if they do not take our informal request seriously,” he said.

Burma's economy: Does sanctions hinder development?

by Mungpi
02 October 2008

New Delhi (Mizzima)- Poverty and the slow-pace of economic development in Burma, which was once known as the 'Rice Bowl' of Southeast Asia, is not the result of the current economic sanctions imposed by western nations but because of the ruling junta's mismanagement and inept economic decision making, said an economic expert.

Sean Turnell, Associate Professor and member of the Burma Economic Watch, at the Economics Department of Macquarie University in Sydney said he disagrees with the Burmese Foreign Minister's statement that sanctions have hindered economic development in Burma.

Nyan Win, in his address to the UN General Assembly in New York on Monday, called for an end to what he described as 'immoral sanctions' against his country, saying sanctions hamper economic development and harm the people.

Nyan Win, in his speech, said sanctions are "unwarranted," and "They are not only unfair but immoral. They are counter-productive and deprive countries of their right to development."

But Sean, a long time observer of Burmese economy, said Burma's economy is hardest hit by the junta's mismanagement and its self-imposed isolation.

"Burma's poverty is not a result of sanctions, but 45 years of extraordinarily inept economic decision making by Burma's military regimes," Sean said in an email to Mizzima.

He added that the regime has self-imposed sanctions by creating an economic environment that makes international investment, in true productive industry, utterly impossible.

The United States and the European Union have recently stepped up sanctions against Burma's military government for its suppression of pro-democracy groups and its refusal to improve the situation of human rights including the release of political prisoners.

However, the Burmese Foreign Minister, in his speech said, for Burma to be able to implement economic development, it needs "unfettered access" to markets, modern technology and investment, which according to him has been deprived to Burma due to the imposition of sanctions.

"The sooner the unjust sanctions are revoked and the barriers removed, the sooner will the country be in a position to become the rice bowl of the region and a reliable source of energy," he added.

Economic development without sanctions?

Aung Naing Oo, a Burmese analyst based in Thailand, said while lifting economic sanctions cannot improve Burma's economy over-night, it will, however, allow space for development in the long-run.

According to him, Burma, which has been isolated for nearly half a century and suffered nearly two decades of economic sanctions, a 'command economy' is prevailing, whereby the ruling generals dictate the economy and provide opportunities only to their cronies.

He said, therefore, lifting sanctions and allowing free flow of direct foreign investments, in the long run, would help open up new space for development as well as create new political space.

He added that economic sanctions, which the opposition group led by Daw Aung San Suu Kyi have called for and was imposed by the US and EU, does not encourage political reconciliation in Burma.

The Burmese junta is annoyed with the west because of the sanctions but are even more so on the opposition led by Daw Aung San Suu Kyi for urging the west to impose sanctions, he said.

"[T]here has been a sore relationship between the junta and the opposition. So, international sanctions are an obstacle to reconciliation," Aung Naing Oo said.

However, he said, unless the junta drops its 'Command Economy', cronyism, and corruption, lifting sanctions will not help in developing the economy.

But Nyo Ohn Myint, the foreign affairs in-charge of the National League for Democracy – Liberated Area (NLD-LA), said sanctions have its causes and effects, but the deteriorating economic situation in Burma is mainly caused by the junta's corruption, nepotism and cronyism.

Nyo Ohn Myint, who closely monitors Burmese economy, said western sanctions does not put on hold the possibility of foreign investment, which mostly are from neighbouring countries including members of the Association of Southeast Asian Nations (ASEAN).

But he said, Burma failed to attract foreign investors due to the lack of political stability, and transparency, which investors see as an unhealthy atmosphere for business deals.

"Despite the sanctions, we see that Burma's bilateral trade with neighbouring countries like India and China are increasing," Nyo Ohn Myint said.

Even with sanctions imposed by US and EU, there are several companies still operating in Burma, Nyo Ohn Myint said, but he added that the junta's failure to demonstrate stability and mismanagement of the economy has slowed down Burma's economic development.

According to Sean, sanctions by any means are "not a full solution" they are, however, useful in an array of strategies.

"Often overlooked is that sanctions can be an avenue, through their progressive lifting, for sponsoring genuine reforms," he added.

Despite the sanctions Burma has several opportunities to implement economic development, Sean said, adding that Burma can still "bring about wholesale reform - especially in the areas of property rights and rational decision-making."

But under the current circumstance corporates and companies are "hardly going to invest in a place where expropriation is a real possibility, where poverty is such that a viable market is barely achievable, and where corruption imposes such high a 'tax' on genuine activity," Sean said.

Time to Embrace the Truth

OCTOBER, 2008 - VOLUME 16 NO.10
The Irrawaddy News

The release last month of Burma’s longest-serving political prisoner, 79-year-old journalist Win Tin, must have briefly brightened up the restricted life of Aung San Suu Kyi, confined to her home for more than 13 of the past 19 years.

But, while more than 2,000 political prisoners remain behind bars, Win Tin’s newly won freedom is unlikely to have given her much hope that her ordeal would also soon be over.

Suu Kyi has described Win Tin as a “man of courage and integrity”—qualities these two champions of democracy share in equal measure.

In the eyes of Burma’s military regime, Win Tin was Suu Kyi’s “puppet master,” although he has rejected any suggestion that he was her mentor or the chief strategist of her party, the National League for Democracy (NLD).

His wholehearted engagement in the pro-democracy struggle, however, earned him 19 years of incarceration in Rangoon’s infamous Insein Prison, which ended on September 23 when he was freed along with at least seven other political detainees in an amnesty cynically described by the state media as an act of “loving kindness.”

The regime said the amnesty—which also gave freedom to nearly 9,000 convicted criminals—was part of its plan for a “peaceful modern discipline-flourishing democratic nation.” Its true purpose, however, was clearly to deflect international criticism at a critical time, as the country marked the first anniversary of the September 2007 uprising and as the spotlight again fell on Burma at a UN General Assembly session.

The UN record on Burma also came under scrutiny, as the UN’s “Group of Friends of Burma,” which includes the US, the EU, China and Southeast Asian countries, again called on the junta to release all its political prisoners and open talks with the opposition. There was talk of a return to Burma by UN Secretary-General Ban Ki-moon’s special envoy, Ibrahim Gambari, whose missions so far have achieved virtually nothing.

For all his ineffectiveness, Gambari is the victim of a capricious regime, which has treated him like a whipping boy because of its outrage at what it sees as UN bias and international pressure.

Apart from this pressure, the impact of Cyclone Nargis has led many Burmese government officials to realize that change is long overdue.

It’s still far from clear, however, whether relief efforts being conducted by the Tripartite Core Group, consisting of representatives of the UN, the Association of Southeast Asian Nations and the Burmese junta, are making any significant headway.

The group’s so-called experts, handling aid money from international donors, have naively come to believe that a “humanitarian space” has opened up in the country—with some international nongovernmental organizations (INGOs), UN agencies and regime apologists claiming that this presents a window of opportunity for the 2010 election.

The regime view of this is contained in the minutes of a briefing Home Affairs Minister Maung Oo received from Than Shwe in July, in which the UN and INGOs were described as “puppets” of the US and the CIA.

Maung Oo accused the relief organizations of providing aid to the victims “just for show,” alleging that they spent humanitarian aid money on themselves and not, through regime channels, on the cyclone victims.

The US, the UN and INGOs were also accused by the minister of pushing Burma to the top of their agendas.

If a “humanitarian space” has been opened up in the Irrawaddy delta it can be closed at any time because the regime retains the sole power to do so, at any time it chooses.

It’s the same power that enables the regime to suppress the truth and imprison those who venture to speak out. Under the brutal totalitarianism of Burma, telling the truth requires great courage and brings fearful consequences.

Win Tin and Suu Kyi are victims of this perverse power. So is the activist Nilar Thein, who was hunted for more than a year, separated from her infant daughter, before being found and jailed, like her husband, for her role in the September 2007 uprising.

The release of Win Tin and a handful of other political prisoners is welcome news, but it isn’t going to change the image of the Burmese regime while Suu Kyi, Nilar Thein and more than 2,000 other pro-democracy activists remain confined.

If Burma’s generals want to show the world that they are sincerely interested in improving the country’s repressive political climate, they should set a timeframe for the release of all these prisoners. They should also make their seven-step political “road map” more inclusive, giving freedom to all political stakeholders to participate in the process and sharing power with opposition forces who were elected in the 1990 election.

No one expects that to happen anytime soon.

But there is a general belief that it’s time for the UN and the international community to push the generals to accept the words of Win Tin: “We have always believed in solving problems through democratic dialogue.”

Veteran NLD MP Arrested - Ohn Kyaing

By MIN LWIN
The Irrawaddy News

Ohn Kyaing, a veteran Burmese journalist and elected MP who has already spent almost 15 years in prison for political activity, was arrested by the Special Intelligence Police Unit at 10 p.m. On Wednesday night at his home in Rangoon, according to a National League for Democracy (NLD) spokesman.

Ohn Kyaing, 64, is also the chairman of the NLD Cyclone Relief Committee and a member of the party’s organizing committee in Mandalay.

“We knew he was involved in cyclone relief activities,” said Nyan Win, a spokesman for the NLD. “But we don’t know why he was arrested.”

According to the NLD spokesman, Ohn Kyaing became actively involved in relief efforts for survivors of Cyclone Nargis, which swept the Irrawaddy delta on May 2-3, destroying homes and villages, and killing at least 134,000 people.

Ohn Kyaing graduated in journalism in 1972 and worked as the assistant editor then editor of Kyehmom (“The Mirror”), followed by positions at national newspapers Hanthawaddy and Botathang. He wrote under different pen names, such as Maung Chit Phwe, Aung Wint and Aung Tint.

Standing for the NLD in Mandalay in the 1990 election, Ohn Kyaing won a parliamentary seat in the party’s landslide victory. However, the Burmese military regime refused to recognize the result of the election.

Ohn Kyaing was imprisoned in September 1990 and sentenced to 17 years imprisonment for “writing and distributing seditious pamphlets and threatening state security.”

He was released on January 3, 2005, from Toungoo prison.

The Burmese military authorities have recently arrested several well-known social activists who were involved in relief efforts after Cyclone Nargis, including comedian Zarganar, journalist Zaw Thet Htwe and the chief editor of the Myanmar Tribune weekly journal, Aung Kyaw San.

Monk Escapes from Lantalang Prison

By SAW YAN NAING
The Irrawaddy News

Photo: Ashin Pannasiri
A 28-year-old Burmese Buddhist monk, Ashin Pannasiri, has successfully escaped from Lantalang Prison in Chin State and arrived in Delhi, India, after 13 days.

Ashin Pannasiri said he climbed over two barbwire fences at about 1 am on September 16, when two security guards slept.

“When I climbed the posts, my hands and legs were scraped by barbwire. It was very painful, but I didn’t care about that,” he said. “I only cared about my life.”

In the days following his escape, he traveled alone and was unsure where the roads led. He survived by eating vegetables and fruit.

“I ate fruit wherever I found it the jungle, and I drank water from streams,” he said.

The monk crossed crossed into India at the Mizoram border. During the trip, he said he avoided local residents around Mizoram, fearing arrest and punishment.

“When they [local residents] saw me, they followed me,” he said. “I was afraid of them because I heard that strangers there can be killed or seriously punished if arrested.

Burmese authorities began searching for Ashin Pannasiri in late 2007 during the time of the civil uprising because of his close relationship with leading pro-democracy monks, including monk U Gambira, who is now in Insein Prison in Rangoon.

Ashin Pannasiri was affiliated with Yangon Monastery Maha Koe Su Taik in Pyigyitagun Township in Mandalay Division. When he learned he was wanted by authorities, he said he moved north to Monywa Township in Sagaing Division to escape arrest.

However, he was arrested on October 18, 2007, at an Internet shop in Monywa Township.

He said he was tortured by authorities, both physically and mentally, during interrogation.

“They [authorities] interrogated me from 18 through 20 October. They first asked me to stand up and squat repeatedly. They tied my hands behind my back and pushed and kicked me. They beat my face with an army boot when they asked each question.”

“Finally, I couldn’t control my mind, and there was no option for me. I thought about suicide,” he said.

On October 24, 2007, he was sent to Monywa Prison in Sagaing Division where he spent seven months. On January 18, 2008, he was sentenced to three years imprisonment. Authorities charged him with multiple offenses, including possession of illegal foreign currency.

In mid-May 2008, he was moved to Kale Prison in Sagaing Division where he spent a few weeks before being sent to Lantalang Prison.

On September 15, the day before he escaped from Lantalang, he was again questioned by authorities. He said that following the interrogation, he realized he would be sent back to Kale Prison with “double punishment,” convincing him he had no option but to try to escape.

Ashin Pannasiri is now staying with friends in Dehli. He said he plans to continue to struggle for freedom and peace in Burma while in exile.

“I want to urge all monks inside and outside Burma to fight against ah-dhamma (injustice) and maintain the dhamma (justice) policy,” he said.

NLD youth member reported dead in custody - Aung Moe Lwin

Oct 1, 2008 (DVB)–Aung Moe Lwin, a 36-year-old youth member of the National League for Democracy in Natmauk township, Magwe division, is said to have died in detention, according to a source who spoke on condition of anonymity.

His family has been informed of his death.

Aung Moe Lwin went to Rangoon last year for training before the Saffron Revolution in September and stayed at Maggin monastery, where became friendly with the monks and helped look after AIDS patients.

He stayed with the monks during the demonstrations up until the monastery was sealed off and was interviewed about the arrests and beatings of monks in the crackdown.

When he suddenly disappeared from South Dagon at the beginning of August, people assumed he had gone to another monastery, as he had made friends with monks from other monasteries and stayed with them on previous occasions.

It did not become clear that Aung Moe Lwin had been arrested until a fellow detainee who had been released said that he had seen him being tortured in prison and that he was in a serious condition.

Once his arrest and detention was made public, his family expected that he would be transferred to Insein prison where they could come and visit him.

But five days ago, Aung Moe Lwin’s brother in Kyaukpadaung received a telephone call from an unnamed person who informed him that Aung Moe Lwin and another person from Meikhtila had died from an ‘over-zealous hand’ during interrogation.

On hearing this, Aung Moe Lwin’s parents went to the Rangoon divisional office where their son was last known to have been held, but they were told by an official that he was not there.

Aung Moe Lwin’s father U Thein Aung said he was determined to find out what happened to his son.

"I am proud of my son and I allowed him to do good things for the public,” U Thein Aung said.

“I will look for him until I find him. I don't think it will be easy, but I will search until I find him," he said.

“I won't give up until I find him. It is necessary to uncover the truth and I will continue to do so."

U Thein Aung arrived in Rangoon today, and has been to Rangoon divisional office, Kyeemyintaing court and Insein prison.

So far his investigations have met with denials from the authorities.

"The authorities have only said, ‘We don't know and he is not here’," U Thein Aung said.

"I want them to tell me where he is and what happened but they are hiding it, it is hard to cope with."

U Thein Aung said he had told his wife that their son was missing and wants his case to be treated as a missing person, feared dead, until the facts are established.

Reporting by DVB

Blogger produced before court again - Nay Phone Latt and GW

by Phanida

Chiang Mai (Mizzima)– Youth blogger and writer Nay Phone Latt held in Insein prison, was produced in court again.

Today the court heard one of his cases where he is being charged under section 505(b) of the Penal Code (inducing crime against public tranquility). His court hearing started in early July this year.

"A policeman from Bahan police station testified today as the prosecution witness. He said my son got involved in demonstrations without being able to produce any evidence and exhibits such as a photograph in court," his mother Aye Than said.

He has been kept in solitary confinement in Insein prison special cell since early July this year, when the court started hearing his case. He was not allowed to stroll outside his cell, his mother added.

"He is disappointed as he is in solitary confinement. Maung Weik (business tycoon) is in the neighbouring cell. But he is allowed to troll outside the cell. My son and Zarganar are not allowed to do so. Though he is a youth, I worry about his health in the prison environment," Nay Phone Latt's mother said.

Nay Phone Latt was arrested and detained on January 29 this year and was charged under 505(b) of the Penal Code, section 32(a), 36 of the Video Law and section 33(a), 38 of the Electronic Law.

The hearing was adjourned today by the court, which was hearing the cases of 35 students of the 88-generation, including Ko Min Ko Naing after an argument between the judge and the accused on addressing them as defendants.

"The student leaders reacted immediately as soon as the judge referred to them as defendants. They said they are just the accused and could not be referred to as defendants before being formally charged by the court after it hears prosecution and defence witnesses. The court had to adjourn the hearing after that," a family member of one of the 88-Generation Students, Ko Ko Gyi, said.

Similarly other 88-Generation Students, Sithu Maung and six others, were produced before the court today. They were accused of staging demonstrations protesting against the rising fuel prices.

Advocate Khin Maung Shein said that they are presenting an argument for discharge of the case against the student leaders made under section 124(a) of the Penal Code (disaffection towards State and government) as no case against the accused has been made out which would warrant their conviction.

"We presented our argument made under section 253 of the Criminal Procedure Code (CrPC) to consider discharging the accused from the case on hearing the last witness. The accused have to suffer a lot because of this wrongful charge. So the accused should be discharged as no case against them has been made out under section 124(a) of the Penal Code, we argued in court," he added.

The authorities changed the charges made against the student leaders later --- from the previous 124(a) of the Penal Code to new charges made under sections 505(b) (inducing crime against public tranquility), 143 and 145 (unlawful assembly), and 295 (insulting religion) of the Penal Code. These student leaders face prison terms ranging from two to a maximum of 8 years if found guilty.

Win Htein remains in Katha prison

Sep 26, 2008 (DVB)–Political prisoner Win Htein, who was released on Tuesday and re-arrested the following day, remains in Katha prison but has been given no explanation for his detention.

National League for Democracy members and former army captain Win Htein was one of seven political detainees who were among the 9002 prisoners released as part of a government amnesty on 23 September.

He was released from Katha prison on the orders of the Internal Affairs Ministry, but was taken back into custody at 10am on 24 September, a prison officer confirmed today.

Win Htein’s wife had been waiting to meet him in Mandalay but was told to come to the prison where she was able to see him for an hour.

Win Htein was not told why he was being returned to prison, and prison staff, including a prison governor, could not give a reason for his arrest.

The prison official said Win Htein seemed to be in good health and was keeping his spirits up.

The Internal Affairs Ministry, deputy minister’s officer and special branch refused to comment on the case.

During their monthly meeting yesterday, Meikhtila NLD leaders in Mandalay denounced the military regime for releasing fewer than 10 political prisoners in the recent amnesty.

Meikhtila township NLD secretary Daw Myint Myint Aye criticised the releases as a token gesture.

“The SPDC has always given innocent people heavy prison terms and whenever it faces political problems it releases one or two token prisoners,” she said.

“It is very difficult for us to say we are pleased with prisoners being released for show; Meikhtila township [NLD] decided to denounce it.”

Reporting by Moe Aye

Freed political prisoner tells of prison abuses

Sep 24, 2008 (DVB)–National League for Democracy member U Aye Thein, who was released at noon yesterday from Kalaymyo prison, has spoken out about the mistreatment of prisoners he witnessed while in detention.

U Aye Thein, 38, the Thabeikkyeen township NLD organising committee secretary, was one of a small number of political prisoners among the 9002 inmates released as part of a government amnesty.

Although Aye Thein was arrested on criminal charges, he was placed among political prisoners in the jail and said he suffered mistreatment by the authorities.

He said that he and other prisoners were kept in isolation in dark cells up until the time of his release.

Pakokku township MP-elect U Hlaing Aye, who was transferred to Kalaymyo jail on 22 September, was also sent directly to an isolation cell.

Aye Thein said he had also witnessed harsh treatment of other prisoners during his time behind bars.

U Michael Win Kyaw from Kalaymyo, who was imprisoned for his role in the Saffron Revolution, was beaten up by prisoners serving criminal sentences on the orders of the prison authorities, Aye Thein said.

On 5 September, Maung Win Cho from Kalaymyo township's Kokeko village, who had been imprisoned for two months on drug charges, was beaten to death in front of inmates to set an example, drawing protest from political prisoners.

Aye Thein said he intended to report the incidents he had witnessed in prison to the authorities, NLD headquarters and the International Committee of the Red Cross.

Several political prisoners including solo protester U Ohn Than, U Sai Nyunt Lwin of the Shan Nationalities League for Democracy, Ko Aye Aung, U Nyo Mya, U Aye Ko of Pyawbwe, U Kyaw Swe of Madaya and U Min Aung from Arakan State, U Ba Min and U Ba Thin from Kalaymyo are currently languishing in Kalaymyo prison.

Reporting by Khin Maung Soe Min

To Implement Amendments to the Burmese Freedom and Democracy Act of 2003

September 26, 2008
White House Government
A Proclamation by the President of the United States of America

1. Section 3A(b)(1) of the Burmese Freedom and Democracy Act of 2003 (Public Law 108-61) (the "Burmese Freedom and Democracy Act"), as amended by section 6(a) of the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Public Law 110-286) (the "JADE Act"), directs the President to prohibit the importation of jadeite and rubies mined or extracted from Burma, as well as the importation of articles of jewelry containing jadeite and rubies mined or extracted from Burma (Burmese covered articles), until such time as the President determines and certifies to the appropriate congressional committees that Burma has met the conditions described in section 3(a)(3) of the Burmese Freedom and Democracy Act.

2. Sections 3A(c)(1) and 3A(c)(2) of the Burmese Freedom and Democracy Act, as amended, set forth certain conditions for the importation of jadeite and rubies mined or extracted from countries other than Burma, as well as for the importation of articles of jewelry containing jadeite and rubies mined or extracted from countries other than Burma (non-Burmese covered articles).

3. Section 3A(c)(2) of the Act, as amended, also permits the President to waive the conditions for importation set forth in section 3A(c)(1) of non-Burmese covered articles from any country with respect to which the President determines and certifies to the appropriate congressional committees that the country has implemented certain measures to prevent the trade in Burmese covered articles.

4. In order to implement the prohibitions on the importation of Burmese covered articles and the conditions for importation of non-Burmese covered articles set forth in sections 3A(b)(1), 3A(c)(1), and 3A(c)(2) of the Burmese Freedom and Democracy Act, as amended, it is necessary to modify the Harmonized Tariff Schedule of the United States (HTS) to include an additional U.S. Note to chapter 71.

5. Section 604 of the Trade Act of 1974, as amended (the "1974 Act") (19 U.S.C. 2483), authorizes the President to embody in the HTS the substance of relevant provisions of that Act, or other acts affecting import treatment, and of actions taken thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction.

6. Sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and Democracy Act, as amended, authorize the President to issue such proclamations, regulations, licenses, and orders, and conduct such investigations, as may be necessary to implement the prohibition on Burmese covered articles set forth in section 3A(b)(1) of that Act and the conditions for importation of non-Burmese covered articles set forth in sections 3A(c)(1) and 3A(c)(2) of that Act.

7. I have determined that it is appropriate to authorize the Secretary of the Treasury and the Secretary of Homeland Security, pursuant to sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and Democracy Act, as amended, to issue regulations, licenses, and orders, and conduct such investigations as may be necessary, to implement the prohibition on importation of Burmese covered articles set forth in section 3A(b)(1) of that Act and the conditions for importation of non-Burmese covered articles set forth in sections 3A(c)(1) and 3A(c)(2) of that Act. I further determine that it is appropriate to authorize the Secretary of the Treasury and the Secretary of Homeland Security to redelegate, as necessary, any of these functions to other officers and agencies of the United States Government consistent with applicable law.

8. I have determined that it is appropriate to authorize the Secretary of the Treasury, in consultation with the Secretary of State, to perform the functions set forth in section 3A(c)(2)(A) of the Burmese Freedom and Democracy Act, as amended, relating to the issuance waivers of the conditions for importation set forth in section 3A(c)(1) of non-Burmese covered articles from any country that has implemented certain measures to prevent the trade in Burmese covered articles. I further determine that it is appropriate to authorize the Secretary of the Treasury to redelegate, as necessary, any of these functions to other officers and agencies of the United States Government consistent with applicable law.

9. Section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as amended, directs the President to take all appropriate actions to seek issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization (WTO) granting a waiver of the applicable WTO obligations with respect to the provisions of section 3A of the Burmese Freedom and Democracy Act, as amended, and any measures taken to implement it.

10. I have determined that it is appropriate to authorize the United States Trade Representative to perform the functions specified in section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as amended.

11. Section 3A(b)(3)(B) of the Burmese Freedom and Democracy Act, as amended, directs the President to take all appropriate actions to seek the adoption of a resolution by the United Nations General Assembly expressing the need to address trade in Burmese covered articles and calling for the creation and implementation of a workable certification scheme for non-Burmese covered articles to prevent the trade in Burmese covered articles.

12. I have determined that it is appropriate to authorize the Secretary of State to perform the functions specified in section 3A(b)(3)(B) of the Burmese Freedom and Democracy Act, as amended.

13. Section 3A(g) of the Burmese Freedom and Democracy Act, as amended, directs the President to, not later than January 26, 2009, transmit to the appropriate congressional committees a report describing what actions the United States has taken during the 60-day period beginning on the date of the enactment of the JADE Act to seek (i) the issuance of a draft waiver decision by the Council for Trade in Goods of the WTO, as specified in section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as amended; (ii) the adoption of a resolution by the United Nations General Assembly, as specified in section 3A(b)(3)(B) of that Act; and (iii) the negotiation of an international arrangement, as specified in section 3A(f)(1) of that Act.

14. I have determined that it is appropriate to authorize the Secretary of State, in consultation with the United States Trade Representative, to perform the functions specified in section 3A(g) of the Burmese Freedom and Democracy Act, as amended.

15. Under section 3(b) of the Burmese Freedom and Democracy Act, as amended by section 6(c) of the JADE Act, the President may waive the restrictions described above if the President determines and notifies the Committees on Appropriations, Finance, and Foreign Relations of the Senate and the Committees on Appropriations, Foreign Affairs, and Ways and Means of the House of Representatives that to do so is in the national interest of the United States.

16. I have determined that it is appropriate to authorize the Secretary of State to perform the functions and authorities specified in section 3(b) of the Burmese Freedom and Democracy Act, as amended.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including sections 3 and 3A of the Burmese Freedom and Democracy Act, as amended by section 6 of the JADE Act, section 604 of the 1974 Act, and section 301 of title 3, United States Code, do proclaim that:

(1) In order to implement the prohibition on the importation of Burmese covered articles and the conditions for the importation of non-Burmese covered articles provided for in sections 3A(b)(1) and 3A(c)(1) of the Burmese Freedom and Democracy Act, as amended, an additional U.S. Note as set forth in the Annex to this proclamation is included in chapter 71 of the HTS.

(2) Beginning on September 27, 2008, the importation into the United States of any Burmese covered article shall be prohibited, except as provided for (i) in section 3A(d) of the Burmese Freedom and Democracy Act, as amended; (ii) in regulations, orders, directives, or licenses that may be issued pursuant to this proclamation and section 3A(b)(2) of the Burmese Freedom and Democracy Act, as amended; or (iii) by waiver issued pursuant to section 3(b) of the Burmese Freedom and Democracy Act, as amended.

(3) Beginning on September 27, 2008, as a condition for the importation into the United States of any non-Burmese covered article, the importer and exporter of such article must meet the conditions set forth in section 3A(c)(1) of the Burmese Freedom and Democracy Act, as amended, except as provided for (i) in section 3A(d) of that Act; (ii) in regulations, orders, directives, or licenses issued pursuant to this proclamation and section 3A(c)(3) of the Burmese Freedom and Democracy Act, as amended; or (iii) by waiver issued pursuant to either section 3(b) or section 3A(c)(2) of the Burmese Freedom and Democracy Act, as amended.

(4) The Secretary of the Treasury and the Secretary of Homeland Security are hereby authorized, pursuant to sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and Democracy Act, as amended, to issue regulations, licenses, and orders, and conduct such investigations as may be necessary, to implement the prohibition on Burmese covered articles set forth in section 3A(b)(1) of that Act and the conditions for importation of non-Burmese covered articles set forth in sections 3A(c)(1) and 3A(c)(2) of that Act. The Secretary of the Treasury and the Secretary of Homeland Security are further authorized to redelegate, as necessary, any of these functions to other officers and agencies of the United States Government consistent with applicable law.

(5) The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to perform the functions set forth in section 3A(c)(2)(A) of the Burmese Freedom and Democracy Act, as amended, relating to the issuance of waivers of the conditions for importation set forth in section 3A(c)(1) of non-Burmese covered articles from any country that has implemented certain measures to prevent the trade in Burmese covered articles. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law.

(6) The United States Trade Representative is hereby authorized to perform the functions specified in section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as amended.

(7) The Secretary of State is hereby authorized to perform the functions specified in section 3A(b)(3)(B) of the Burmese Freedom and Democracy Act, as amended.

(8) The Secretary of State is hereby authorized, in consultation with the United States Trade Representative, to perform the functions specified in section 3A(g) of the Burmese Freedom and Democracy Act, as amended.

(9) The Secretary of State is hereby authorized to perform the functions specified in section 3(b) of the Burmese Freedom and Democracy Act, as amended.

(10) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of September, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-third.

GEORGE W. BUSH

Ashin Gambira unwell in court

Chiang Mai (Mizzima) – Ashin Gambira, facing trial, felt unwell during his last appearance in court, his defence counsel U Khin Maung Shein said.

Leader of last September's Saffron Revolution, Ashin Gambira was not feeling well when he was produced in court on Monday morning.

"I think it is food poisoning because he vomited three times this morning. 'I feel sorry for you because of the stink coming out of my mouth'," his defence lawyer quoted him as saying.

He was weak, exhausted and half asleep with his eyes closed during the court proceedings.

"He inhaled balm brought to him by his younger sisters. They applied balm on his hands and legs and massaged him," the lawyer said.

"He could not say why he felt unwell. He said he thought it was food poisoning," the lawyer added.

He was forcibly disrobed when he was arrested and brought to court in handcuffs. He has been charged under section 13(1) of the Immigration Act, section 17(1) of the Unlawful Associations Act, section 6 of the Associations Act, section 505(b) of the Penal Code (inducing crime against public tranquility) and 295, 145, 147 of the Penal Code (insult to the religion, unlawful assembly), section 17/20 of the Printers and Publishers Act and section 33(a)/38 of the Electronic Law.

Ashin Gambira, the leader of the Saffron Revolution, was awarded the 'U Yewata Memorial Peace Prize' by 'All Burma Young Monks Association' (ABYMU-India) and 'Freedom of Expression Prize 2008' by the London based 'Index on Censorship'.

On the same day, 21 members of the 88 Generation Students, including student leader Ko Min Ko Naing, were produced in court. The lawyer said that the health situation of the 21 student leaders was good and their family members were allowed to be present inside the courtroom to witness the court proceedings.

Regime Frees Longest-serving Political Prisoner, Win Tin

The Irrawaddy Magazine
By SAW YAN NAING

Burma’s longest-serving political prisoner, 78-year-old journalist Win Tin, was freed on Tuesday after 19 years behind bars. Win Tin was among 9,002 prisoners released, only a handful of whom were political detainees.

The freed political prisoners included another well-known writer, Aung Soe Myint, and four members of the opposition National League for Democracy (NLD)—Khin Maung Swe, May Win Myint, Win Htein and Than Nyein.

A close friend of Win Tin, Maung Maung Khin, told The Irrawaddy the long-serving political prisoner had been released unconditionally and in good health.

“He didn’t need to sign any conditional agreement with the Burmese authorities,” Maung Maung Khin said.

The state-run newspaper, New Light of Myanmar, confirmed on Tuesday that 9,002 prisoners had been released.

Win Tin, formerly editor of the influential newspaper Hanthawaddy, vice-chairman of the Writers’ Union, and an active participant in the 1988 pro-democracy uprising, was arrested in 1989 and sentenced to 20 years on charges that included “anti-government propaganda.”

Win Tin won international recognition for his pro-democracy involvement, and in 2001 he was awarded the World Association of Newspapers Golden Pen of Freedom and the UNESCO Guillermo Cano World Press Freedom Prize.

He suffered heart and prostate problems during his imprisonment, and two rights organizations, Reporters Without Borders and the Burma Media Association, charged that he had been denied “proper medical treatment” and the opportunity to write.

Since 2006, he had been denied visits by the International Committee of the Red Cross.

Around 2,000 political prisoners are now believed to be detained in Burma’s prisons.

Tate Naing, secretary of the Thailand-based Assistance Association for Political Prisoners (Burma), called for the release of them all, including Aung San Suu Kyi, who has been held under house arrest for more than 13 of the past 19 years, and leading members of the 88 Generation Students group.

Suu Kyi’s lawyer, Kyi Win, said on Tuesday that a legal appeal against her continuing house arrest would be lodged in Naypyidaw on Thursday.

At least 39 activists were arrested last month alone, and 21 of them were sentenced to terms of imprisonment, according to the AAPP.

Burmese observers in exile suggested Tuesday’s amnesty was linked to the start of the 63rd session of the UN General Assembly in New York. They pointed out that prisoners had been released in the past in times of growing pressure on the regime.

In a political development, the NLD called on Monday for a review of the new constitution by a committee formed of candidates elected in the 1990 general election, representatives of the regime and ethnic groups and constitutional experts.

An Evil Game: Token Release of Political Prisoners

By KYAW ZWA MOE
The Irrawaddy News-Blog

The release of Win Tin, a renowned 79-year-old journalist, and other political prisoners is very good news. But wait. Their amnesty is further proof that the junta is playing its usual evil games.

Win Tin was released on Tuesday after serving more than 19 years in the notorious Insein Prison in Rangoon. Other well-known politicians and political activists were also released, but the exact number can’t be confirmed.

The military regime announced an amnesty for 9,002 prisoners for good behavior, saying the amnesty was granted to help build a new nation ahead of the 2010 general election.

Observers believe that only a small number of an estimated 2,000 political prisoners were among those freed.

Of course, political activists are happy that Win Tin, the former editor of the respected newspaper, Hanthawaddy, and a key adviser to pro-democracy leader Aung San Suu Kyi, is free. He was the longest serving political prisoner in Burma and perhaps all of Southeast Asia. He is famous for his unwavering political spirit.

Apart from Win Tin, at least seven other senior members of the main opposition National League for Democracy were released from Insein and other prisons.

Their release should not be viewed as a policy change by the regime. The junta, as always, carefully calibrated its move based on external events.

The amnesty follows the opening of the 63rd United Nations General Assembly at UN Headquarters in New York, where the United States will again raise the Burma issue. US President George W Bush and Secretary of State Condoleezza Rice will make it a point to seek more cooperation from the international community to help restore democracy in Burma and protect human rights.

US Ambassador to the UN Zalmay Khalizad said, “We’ll continue efforts to increase pressure on Burma, to make progress on the political track. There has been no progress on that.” Two other permanent members of the Security Council, Britain and France, are expected to join the US in taking a strong stand on Burma.

So, it was time for the regime to do something to counter criticism in the UN assembly. The international community will welcome the release of political prisoners, and the junta can say it has complied with part of the UN’s demands.

Actually, it’s an old game—political prisoners have always been pawns for the junta. In other words, they are hostages to be released whenever the regime wants to ease mounting international pressure.

Since the regime took power in 1988, the number of political prisoners has always remained above 1,000. The junta, according to Amnesty International, now has 2,000 political prisoners. If the junta really wanted to change its policy, it would release all political prisoners, including Suu Kyi, prominent student leader Min Ko Naing and ethnic leaders such as Hkun Htun Oo. (JEG's: U Gambira, Nilar and all the other monks doing hard-labour by now)

This latest release will undoubtedly draw praise from some members of the international community. But we shouldn’t be fooled. The release of all 2,000 political prisoners would be the first step of genuine political reform.

Anything less means political prisoners are just pawns in an evil game.

Burma Sentences Activist To Two Years Hard Labour

Press Release: Terry Evans

(Scoop) - On Friday the International Labour Organization (ILO) announced that Burma's military junta has sentenced Thet Way, a labour activist, to two years' hard labour.

Thet Way helped people file complaints about forced labour. His imprisionment makes a mockery of last years agreement between the Burmese junta and the ILO, a UN agency which seeks the promotion of labour rights. The agreement provided immunity from prosecution for anyone making or supporting those making complaints about forced labour.

Forced labour is continuing on a widespread scale in Burma and is accompanied by massive violations of other human rights. Tens of thousands of Burmese citizens, under threat of arrest and/or bodily harm, are forced to work without compensation as porters in war zones, or on massive infrastructure projects.

Junta arrests two more activists - Tin Myo Htut and

By Myint Maung
Thursday, 04 September 2008

New Delhi (Mizzima)- In another round of crackdown on dissidence, Burmese military junta authorities in Rangoon on Wednesday arrested two political activists, an eyewitness told Mizzima.

Tin Myo Htut (alias) Kyaw Oo, a member of an underground activists group the Generation Wave, and another unidentified activist, were taken away by plainclothes police at about 7:30 a.m. (local time) on Wednesday, from near a teashop in Kamayut Township, Rangoon, the eyewitness said.

"I saw them being taken away by three plainclothes policemen from near the teashop," the eyewitness added.

Moe Thwin, spokesperson of the Generation Wave said Tin Myo Htut had informed him of his appointment with a friend near 'Amayh Ywa' Teashop.

"And when I called him yesterday, he did not speak but put it on, and I could hear other voices interrogating him over the phone," Moe Thwin said.

According to the eyewitness, the two activists were to meet at the teashop, but the police were lying in wait for them and whisked them away.

The Thailand based Assistance Association for Political Prisoners (AAPP) said though they are aware of the arrest of the Tin Myo Htut, they are still unable to garner details of the arrest.

"We heard of the arrest of Tin Myo Htut, but we are still following up on details about the arrest," said Bo Kyi, Joint Secretary of the AAPP.

On Wednesday, Generation Wave, in a statement called on the government to immediately release their members including Tin Myo Htut and vowed that despite the government's crackdown, it will continue its struggle for a change in Burma.

Tin Myo Htut, according to the Generation Wave, is a political activist who had participated in the 1988 pro-democracy uprising as a high school student and was arrested in 1992 and detained for five years.

However, another activist, who was arrested along with Tin Myo Htut has not been identified as yet.

Generation Wave, mostly known as GW, was formed with students and young activists in October last year following the Saffron Revolution. However, the group remain underground and operated secretly in order to avoid attention by authorities.

Despite of their secret operation and networking, the junta in March arrested four key members including Zeya Thaw (alias) Kyaw Kyaw, who is the lead vocalist of Burma's popular hip-hop band Acid group.