March 1, 2008 - Northern Burma is being transformed by China and India. Hamish McDonald reports from behind the bamboo curtain. Photographs by Kate Geraghty.
Sittwe is a mouldering port of 200,000 people on the neglected Arakan coast of Burma, visited by a few foreigners heading upriver to the ruined pagodas and palaces of an ancient kingdom inland. In five years from now, it promises to be transformed into one of the strategic hubs of Asia, figuring in the calculations of planners and analysts all the way to Washington.
"Think of it as a new Panama Canal," says one well-connected businessman in Rangoon.
A multibillion-dollar deepwater port on a nearby island will receive giant oil tankers from the Middle East and Africa, pumping their cargoes into pipelines that will stretch inland to energy-hungry China, avoiding the choke points of the Strait of Malacca controlled by the US Navy and its allies. Other pipelines will take natural gas from the huge reserves being defined off the Arakan coast and Burma's Gulf of Martaban.
Meanwhile, the Indian Special Minister Mani Shankar Aiyar has just been in Rangoon, nailing down agreement on a new all-weather highway from India's Imphal via Kalemyo to Mandalay, which by 2010 will give India's restive and isolated north-eastern states an alternative outlet to the tenuous route to Kolkata through the "bird's neck" of territory along the Brahmaputra valley.
Across the top of Burma, the Indians are also pouring huge investments into restoring the World War II "Stillwell Road" that once took supplies to the Chinese nationalists fighting the Japanese, relinking the Indian town of Ledo to Myitkyina, north of Mandalay, from where the road leads into China.
At Sittwe, India is also contesting Chinese dominance or any plans to add this port to Beijing's "string of pearls", strategic ports across the Indian Ocean. India plans to dredge the Kaladan River flowing to Sittwe from the north and turn it into a transport corridor for its isolated state of Mizoram.
India is quietly trying to warn Burma's ruling generals about the dangers of too close an embrace by China, a traditional enemy.
"There are sufficient reasons to suspect the junta would prefer to contain, if possible, the overwhelming influence of China," says the veteran New Delhi diplomatic analyst Subhash Chakravarti, a confidant of successive Indian prime ministers. "Its natural choice to seek to do so is to encourage a larger Indian presence in the country."
In return, Burma is helping India suppress its own insurgencies.
"India is hopelessly vulnerable to tribal insurgency in its north-east frontier," Chakravarti says. "We can hardly ensure security there without full co-operation with Burma, which has lately been a splendid success. As a result, India's earlier open criticism of the junta [in diplomatic statements and on All India Radio] is more muted."
But so far, China is winning hands down. Recently, New Delhi was stunned when the Burmese junta ruled that gas from the massive Block A-1 field, being opened up by two Indian state energy firms with South Korea's Daewoo group, would be sold to China instead of going to India by undersea pipeline, and probably (diplomats in Rangoon say) at concessional prices.
We crossed from the gleaming Chinese border city of Ruili into Burma, escorted by a travel agent designated by the Burmese Government. From boom-time China, which had mobile phone coverage and automatic teller machines even in this far corner, it was a short walk into the 1970s: shabby shops fronting shanty houses; old ex-Japanese cars; cycles.
Down the old Burma Road and through five checkpoints to the town of Lashio, where our travel agent minder left us, the economic invasion by China was apparent all around.
Just outside Burma's border town of Muse, facing Ruili, long convoys of 10- and 12-wheel trucks rolled into an export-import checking station extending over a kilometre in length. Stacks of teak logs from Burma's forests waited marked and graded in a lumber yard, ready for shipment into China.
Truckloads of watermelons and other high-value produce, grown by Chinese farmers on rented land with hired Burmese labour, were heading towards China, while young Burmese men, sheepish at being photographed, were driving smuggled Chinese-made motorcycles without numberplates down towards Mandalay. Vast tracts of land, some controlled by the Tatmadaw (Burma's military), were planted with sugar cane, pineapples and cassava (for biofuel) for sale or processing in China.
Later, on the Irrawaddy River outside Bhamo, another town close to China, our boat was packed with polythene-wrapped motorbikes, probably brought across the small, locals-only border crossing nearby.
The Burma Road from the Chinese border to Mandalay is now the toll-collecting fiefdom of Asia World, a construction company run by Stephen Law, son of the former heroin warlord Lo Hsin Han, who was brought into the fold by the junta in 1992 and given the road concession as reward.
Deep in the Shan hills off the road, the Burmese authorities claim to have reduced the opium-growing area to a small fraction of its heyday when the Cold War gave a measure of protection to the country's anti-communist regime. The main illegal game is now the amphetamine laboratories hidden in the eastern corner of Shan state.
But this is well out of sight, like the casinos and brothels that used to attract customers from Chinese border towns slipping across on day passes. Locals in Muse said these had shifted to northern Laos.
In this consciously cleaned-up relationship, China's links with Burma are more pervasive than any simple trade-off of munitions and diplomatic backing for the Burmese generals in return for oil and timber (at the official level) and drugs and trafficked women (in the black markets).
As well as being the planned outlet to the Indian Ocean, Burma has become an open market for China's hungry entrepreneurs and traders, like Mr Lin from the manufacturing powerhouse of Wenzhou. He crossed the border with us on the way to his factory in Rangoon, where 40 Burmese workers earning the equivalent of $30 a month make metal shop awnings and shutters.
In the former British hill station of Maymyo (now Pyin Oo Lwin), one of the 5000 Chinese residents celebrating the lunar new year at the town's Chinese pagoda said the Chinese had emerged in 1996 from intense suspicion provoked by Beijing's Cultural Revolution-era support for the now defunct Burmese communist parties (which included a cross-border invasion in 1968-71). "Things are much better now," he said, to the sound of firecrackers.
In the tourist town of Bagan, an ethnic Chinese businessman talked of plans to help open a Confucius Institute in Burma, part of Beijing's drive for "soft power" by teaching its language and culture. Of Burma's efforts to persuade the world it is moving to democracy, he said: " I hope it doesn't happen. As long as this country doesn't open to the Western countries, people like me will benefit from the strong China-Burma relationship."
FOR the Sittwe plans to materialise, very big natural and political obstacles have to be overcome. For one thing, northern Burma and China's neighbouring Yunnan are cut by soaring mountain ranges running north-south to the eastern end of the Himalayas, with massive rivers such as the Salween and Mekong cutting into chasms thousands of metres deep. Putting roads and pipelines across this country will be fraught with engineering obstacles and expense.
Right from the Arakan shoreline, Burma teems with ethnic groups that have many reasons to hate the ruling junta and disrupt its economic underpinnings.
North of Sittwe live as many as 1.5 million Muslims known as the Rohingya who are denied citizenship or ethnic identity in Burma and neighbouring Bangladesh. Subject to harsh surveillance and restrictions (including a requirement to get permits for local travel), the Rohingya would seem a fertile recruiting ground for violent groups.
Further inland, the Tatmadaw has run a network of local truces with a score of rebel armies and their splinter groups since the mid-1990s, often giving them a slice of cross-border duty collection.
On a road junction between Myitkyina and Bhamo, leading off to a small frontier post, was a large two-storey office signposted as
belonging to the Kachin Independence Organisation, a former separatist movement that signed a truce in 1994.
In the small town of Hsipaw we encountered General Saing Lo, the weather-beaten chief of the Shan State Army, which ended hostilities in 1996. He was supervising a tournament among his men at the local Dodhtawaddy Tennis Club to celebrate Shan Independence Day, his new-model Toyota LandCruiser parked outside with his army's sticker on the windscreen. "Did you watch the Australian Open?" he asked. "We could only see it on a DVD here."
The deals have allowed the Tatmadaw to focus its efforts on crushing the remaining holdout rebel groups along the Thai border, based among the ethnic Karen, Karenni, Shan and Mon. More than doubled in size since the 1988 student uprising, the Tatmadaw is now 450,000 strong and rated as one of the most capable armies in the region.
In recent years, mainstream offensive units have kept up the pressure on the rebels in an unrelenting "four cuts" strategy aimed at denying them food, money, information and recruits. The civilian population has borne the brunt of this pressure, maintained now through the wet and dry seasons, with some 140,000 people pushed into refugee camps. The Karen have just suffered a devastating blow in the assassination of their promising new leader, Pado Manh Sha, in the Thai border town of Mae Sot, apparently by a hit squad who fled into Burma.
While the population remains among the most miserably poor in Asia, the Tatmadaw sequesters between 40 and 70 per cent of government revenue, plus cuts from business associates, and is re-equipping itself with modern arms including MiG-29 fighters from Russia, better artillery and communications.
Western intelligence agencies are intrigued by reopened negotiations with Russia for a small nuclear reactor, satellite images of uranium mining and a mysterious delivery of containers by North Korean ships that Burma insists were just allowed to make port calls as "vessels in distress".
One question is whether the ethnic minorities can be permanently bought off or whether new splinter groups will emerge to pose a violent challenge, if only to shake the money tree. A bigger mystery is the ultimate stability of the deeply unpopular Tatmadaw regime and whether it can rely indefinitely on violent suppression.
Security in the central belt of the country north from Rangoon depends on a pervasive and permanent counterinsurgency-style campaign against its own people, involving thousands of Military Intelligence personnel running informer networks and muscle squads throughout the country.
Random checks are mounted on ordinary households for unregistered guests and jailing is automatic for any lapses. Official tirades assail the "lies from the skies" broadcast by Voice of America, the BBC and the Democratic Voice of Burma, which recently began direct satellite TV signals.
Diplomats say the apparent hesitation to crack down on protests sparked by fuel price rises in August and September was deliberate, not a sign of weakness. The delay allowed a massive intelligence operation in which thousands of undercover agents took pictures and identified demonstrators and sympathisers.
Two of the generals said in some reports to have refused to order troops to open fire on crowds have since been promoted, hardly a sign of dissent. Rank-and-file troops showed no hesitation storming monasteries across the country in the midnight crackdown of September 26 against what they were told were "fake monks" acting "contrary to their dharma [spiritual duty]". About 4000 monks and known dissidents were hauled off, of whom most were released after two weeks. About 1100 political prisoners are still in jails and labour camps around the country.
Little escapes the military. On February 12, Burma's official Union Day, the Herald took some photographs of a brass band of the Tatmadaw's White Arrow Division in Bhamo practising by a public road. Three hours later we were hauled off a boat down the Irrawaddy and held for two hours while officers studied our cameras, radioed headquarters for instructions and finally deleted what images of the band they could find. "Anything about the army is very sensitive at this time," an officer explained through a local high-school English teacher called in to interpret.
Than Shwe, the "senior general" heading the State Peace and Development Council (as the junta calls itself), has a firm grip, though at 76 he is showing the effects of diabetes and minor strokes. A former chief of psychological warfare, he employs terror and surprise. In October 2004 he mounted a lightning internal putsch against his powerful but unsuspecting intelligence chief, General Khin Nyunt, now serving a 44-year jail sentence. Just recently, on December 31, Than Shwe underwent an operation for pancreatic cancer in Singapore, leaving the country for two weeks without any move against him.
Although the junta is not sentimental about its dumped leaders (the founding general Ne Win died in 2002 with no state funeral, his daughter in jail and the family banned from publishing eulogies), its power transitions have been bloodless so far. Its No. 3 general, Shwe Mann, 60, is poised as heir apparent.
ON the tarmac at Rangoon's airport sit two new Airbus passenger jets, painted in the white and turquoise colours of the private carrier Air Bagan. The planes began a regular service to Singapore last October, but two weeks later were grounded when a Singapore bank withdrew the purchase credit from the company.
Tay Za, 40, the owner of Air Bagan, is the most visible victim of the "targeted sanctions" imposed by several Western countries after the September crackdown, including Australia, which lists 418 senior regime figures, family members and associates for denial of banking facilities. Described by one Rangoon-based diplomat as the "junta's No. business crony", his Htoo Trading group is said to have a son of General Shwe Mann on its board and to be the channel for Russian military sales, although Tay Za denies any government connections or illegitimate activities.
It was an early strike for a largely untested weapon, showing that the risk of a US Treasury black-listing was enough even for banks in Singapore, a notorious private banking sanctuary for South-East Asia's dubious characters and a member of the Association of South-East Asian Nations cautious about the regional group's no-interference taboo, to cut off a rich Burmese customer.
On February 9, the junta chief Than Shwe surprised diplomats and even tightly controlled local newspapers by announcing that a referendum on a new constitution would be held in May, followed by multiparty general elections in 2010, putting some dates on a vague "road map" to democracy talked about for 14 years.
Subsequent details contain fewer surprises. Enshrining no fewer than 104 "basic principles" laid down by Than Shwe, the constitution will give overwhelming powers to the president, a quarter of seats in the legislature to the military and bar the Nobel Peace Prize winner Aung San Suu Kyi from standing because she had been married to a foreigner.
Some welcome this as movement of sorts, at least formalising some non-government politics. But with Suu Kyi and the ageing clutch of ex-generals running her National League for Democracy under house arrest and most of the "1988 Generation" of former student leaders back in jail, prospects for anything but a sham democracy are thin.
Many expect the junta to quickly form some token opposition parties to its own civilian cheer squad, the Union Solidarity and Development Association, which claims to have 25 million members (out of Burma's 54 million people). After the shock of the last elections - held in 1990, in which Suu Kyi's party won more than 60 per cent of the vote (a result ignored) - fewer chances will be taken.
But if Than Shwe's decision results from external pressure, it probably came from China, whose leaders have urged the regime to speed up democratisation and which could be worried that Burma will join Darfur on the list of blackmail acupuncture points for the Beijing Olympics.
Western governments are trying to influence China and, to some extent, India to go further. The line is that the stability apparently guaranteed by the Burmese generals is fragile: with the civilian economy running down, poverty widespread in a country once the rice bowl of Asia, HIV and avian influenza menacing and an education system that once attracted students from other regional countries deliberately dumbed down under military rule, Burma could descend into chaos.
But this is close to the argument the West uses to try to persuade China's communists to relax their own monopoly on power. And the same nightmare breakdown scenario is used by the influential historian Thant Myint-U, to argue in his book The River of Lost Footsteps for a policy of engagement, not isolation.
Sanctions don't work against generals who care nothing for the outside world and are obsessed with the risk of multi-ethnic Burma falling apart. "There are no easy options, no quick fixes, no grand strategies that will create democracy in Burma overnight or even over several years," Thant Myint-U wrote. "If Burma were less isolated, if there were more trade, more engagement - more tourism in particular - and this were coupled with a desire by the government for greater economic reform, a rebuilding of state institutions, and slow opening up of space for civil society, then perhaps the condition for political change would emerge over the next decade or so."
But the Tatmadaw, at least, is taking seriously Western fantasies about military intervention. During our journey we asked often whether Sylvester Stallone's new Rambo movie, a gory tale of a rescue mission into Burma, has any underground currency. "Please, you not ask," said one pirate DVD peddler in Rangoon. "The Government not laugh. Four years jail."
Sydney Morning Herald
Saturday, 1 March 2008
Burma: Blogger Begins Second Month of Detention, Internet Closely Monitored
"Nay Phone Latt has been unjustly held for a month,"
February 29, 2008 - Text of press release in English by Paris-based media freedom organization Reporters Sans Frontieres on 28 February
Reporters Without Borders and the Burma Media Association today condemned increased government monitoring of the Internet and a deterioration in online connections, as well as the continuing detention of Nay Phone Latt, a blogger and owner of two Rangoon Internet cafes who was arrested on 29 January.
"Nay Phone Latt has been unjustly held for a month," the two organizations said. "He was initially accused of undermining morality under the Emergency Provision Act, a very vague charge that allows the military government to arrest anyone spreading ideas that challenge its policies. He is now alleged to have been in possession of a film it considers contrary to its ideology and faces up to three years in prison. We call for his release."
He was initially charged under section 5 (J) of the 1950 Emergency Provision Act, which punishes anyone who "causes or intends to disrupt the morality or the behaviour of a group of people or the general public, or to disrupt the security or the reconstruction of stability of the union."
But according to his family, a new charge has been brought against him under the Television and Video Law (http://www.blc- burma.org/html/myanmar%20law/lr_e_ml96_08.html) that gives the government control over political content and provides for a sentence of up to three years in prison for offenders.
It appears that Nay Phone Latt has been charged under section 32 b of this law, which punishes "copying, distributing, hiring or exhibiting videotape that has no video censor certificate," because he had a video of a traditional Burmese play called A-Nyeint performed by the theatre company Thu-Lay-Thi. Its performances are currently banned in Burma.
Meanwhile, in a move to step up control of internet cafes, owners have been required since January to keep the records of their clients' online activity and deliver them each week to a special police unit at the department of information. At the same time, according to Irrawady (http://www.irrawaddy.org/), a publication produced by Burmese exiles in Thailand, "the Burmese regime's network of informers are now focusing their attention on Internet cafes, which are replacing traditional teashops as places where people can discreetly share their views with others."
Internet connections have also become much slower, possibly to discourage Internet users from downloading large files such as photos and videos. Observed for the past few weeks, this slowness also prevents the use of software designed to circumvent censorship.
Reporters Without Borders and the Burma Media Association also call on the authorities to explain the continuing detention of Myanmar Nation editor Thet Zin and his office manager, Sein Win Maung. Police arrested them during a raid on the magazine's office on 15 February after reportedly finding they had downloaded forbidden documents from internet but no official reason has been given. The office has been closed.
Originally published by Reporters Sans Frontieres press release, Paris, in English 28 Feb 08.
(c) 2008 BBC Monitoring Media. Provided by ProQuest Information and Learning.
All rights Reserved. - Source: BBC Monitoring Media
All rights Reserved. - Source: BBC Monitoring Media
Global day of prayer for Burma
London 01 March, (Asiantribune.com) - Christian Solidarity Worldwide is to co-host a Day of Prayer for Burma at the Emmanuel Centre, London, (nearest tubes: Victoria and Westminster) from 10am-4pm on Saturday 8 March, as part of an international initiative.
The Global Day of Prayer for Burma is an annual event initiated in 1997 by Christians Concerned for Burma at the request of Burma’s democracy leader, Nobel Peace Prize recipient Daw Aung San Suu Kyi. On Sunday 9 March churches around the world are urged to pray for Burma during their services.
On Saturday 8 March, it is hoped that several hundred people will join in the prayer day hosted by CSW, Partners Relief and Development, Karen Aid and the Committee for Internally Displaced Karen People (CIDKP).
Speakers include Oddny Gumaer, author of a new book on Burma called Displaced Reflections and co-founder of Partners Relief and Development, a Non-Governmental Organisation (NGO) working with Internally Displaced People in eastern Burma.
Benedict Rogers, CSW’s Advocacy Officer for South Asia and author of A Land Without Evil: Stopping the Genocide of Burma’s Karen People, will also speak. Rogers has made over 20 visits to Burma and its borderlands, including the Karen, Karenni, Shan and Mon peoples on the Thai-Burmese border, the Chin people on the India-Burma border and the Kachin on the China-Burma border. He has recently returned from visiting the Thai-Burmese border and Burmese refugees in Malaysia.
CSW’s Advocacy Director Tina Lambert said: “The Global Day of Prayer for Burma is a crucial event for focusing people’s thoughts and hearts on the crisis in Burma. With recent events including the regime’s brutal crackdown on protests last September, continuing offensives against civilians in Karen State and further human rights violations in all parts of the country, prayer for Burma is now even more vital than ever.
Added to this the assassination of the Karen leader Padoh Mahn Sha Lah Phan, and the regime’s efforts to rubber-stamp its rule by introducing a sham constitution through a sham referendum, which would exclude Burma’s major democratic and ethnic representatives, make it so important for churches around the world to remember Burma, and we hope many people will be able to join us in this important event in London.”
The Global Day of Prayer for Burma is an annual event initiated in 1997 by Christians Concerned for Burma at the request of Burma’s democracy leader, Nobel Peace Prize recipient Daw Aung San Suu Kyi. On Sunday 9 March churches around the world are urged to pray for Burma during their services.
On Saturday 8 March, it is hoped that several hundred people will join in the prayer day hosted by CSW, Partners Relief and Development, Karen Aid and the Committee for Internally Displaced Karen People (CIDKP).
Speakers include Oddny Gumaer, author of a new book on Burma called Displaced Reflections and co-founder of Partners Relief and Development, a Non-Governmental Organisation (NGO) working with Internally Displaced People in eastern Burma.
Benedict Rogers, CSW’s Advocacy Officer for South Asia and author of A Land Without Evil: Stopping the Genocide of Burma’s Karen People, will also speak. Rogers has made over 20 visits to Burma and its borderlands, including the Karen, Karenni, Shan and Mon peoples on the Thai-Burmese border, the Chin people on the India-Burma border and the Kachin on the China-Burma border. He has recently returned from visiting the Thai-Burmese border and Burmese refugees in Malaysia.
CSW’s Advocacy Director Tina Lambert said: “The Global Day of Prayer for Burma is a crucial event for focusing people’s thoughts and hearts on the crisis in Burma. With recent events including the regime’s brutal crackdown on protests last September, continuing offensives against civilians in Karen State and further human rights violations in all parts of the country, prayer for Burma is now even more vital than ever.
Added to this the assassination of the Karen leader Padoh Mahn Sha Lah Phan, and the regime’s efforts to rubber-stamp its rule by introducing a sham constitution through a sham referendum, which would exclude Burma’s major democratic and ethnic representatives, make it so important for churches around the world to remember Burma, and we hope many people will be able to join us in this important event in London.”
Weekend Beat/ LIFESTYLE & MORE: Documentary filmmaker aims to alert audiences to the plight of the Burmese
BY BECKY PALMSTROM
March 1, 2008 - The death of Japanese journalist Kenji Nagai five months ago in Myanmar (Burma) put the country right in the center of Japan's radar. Irene Marty, a Swiss journalist, hopes the release of her documentary "In the Shadows of the Pagodas" in Tokyo on March 15 will offer residents further opportunity to understand a country that has lived under a military regime for the past 46 years.
The government is accused of atrocities that range from the persecution of ethnic minorities to, according to a 2002 Human Rights Watch report, having the highest number of child soldiers in the world. Myanmar ranked 164th out of 168 countries on the Reporters Without Borders press freedom index in 2006.
Marty, 49, expresses fear for all those who marched last year in the first uprising against the regime since 1988.
Saying the regime uses torture and slave labor as weapons of choice against dissenters, Marty is disappointed by the international community's failure to make a significant effort to determine the whereabouts of the monks and civilians who were arrested in September's clampdown. "What still shocks me nowadays is that there is still so little wondering or questioning about where these monks are now," she says. "Some monasteries are empty--they have been closed down--they are guarded by the military. But where did all these monks go?"
It is this same concern and energy that courses through her documentary, and that over four years helped her gain the trust of those living in the inhospitable rain forest between Thailand and Myanmar.
The freelance filmmaker worked for German and Swiss television networks before setting up her own company, Kairos Film, in 1991.
But of all of her work, Marty says this film is particularly personal. "I have made films of American Indians. I have made films in Africa, in Russia--always covering hot issues, but nothing ever before caught my heart so much."
During her first visit to Myanmar in 1981, she had no idea of the regime's brutality. On her second visit in 1998, she re-encountered a family who now trusted her enough to tell her about the dark shadows that dominated the "land of a thousand pagodas." She says: "I was ashamed that as a journalist and a documentary filmmaker I didn't know what was happening there. I returned to Switzerland and began to do research."
Marty's studies convinced her that as "no one was speaking about the ordinary farmers" in Myanmar, the film shooting, set to take place from 2001-2003, would focus on ordinary people's lives.
The film also moves from the colors and bustle of the country's "tourist corridor" to a more sinister reality. Along the way the narration gives way to intimate testimonies from residents of camps just kilometers from the front line of the world's longest running civil war. It charts the regime's impact on the Karen, Shan and other ethnic groups, who eke out a day-to-day existence of fear and struggle on the edge of the world's attention.
The film is shot in locations so remote that exiled Burmese communities have been shocked to discover the persecution documented by the film. Since it was made, it has been used by the United Nations as evidence of abuse in the region.
Children face the camera and talk about watching their parents' murders and of their dreams to one day become soldiers so they can fight the military. Students talk about their decision to become freedom fighters.
Marty posed as part of a tourist promotion team to get past the ban on foreign journalists, and later undertook frequent illegal visits in the border regions. The film also coincided with her own struggle against cancer, but her determination never faltered, she says.
"When it comes to Burma, the brutality is so huge I found that many times people would not believe me. This gave me strength to go on. The gasoline (that drove me) was my promise to the people and I had to keep my promise to bring it to the world."
If silence and suppression are the tools of this regime, then listening to the oppressed and amplifying their voices just might be the beginning of the cure.
The film opens March 15 at Uplink X in Tokyo's Shibuya.
For more information, visit <>
(IHT/Asahi: March 1,2008)
March 1, 2008 - The death of Japanese journalist Kenji Nagai five months ago in Myanmar (Burma) put the country right in the center of Japan's radar. Irene Marty, a Swiss journalist, hopes the release of her documentary "In the Shadows of the Pagodas" in Tokyo on March 15 will offer residents further opportunity to understand a country that has lived under a military regime for the past 46 years.
The government is accused of atrocities that range from the persecution of ethnic minorities to, according to a 2002 Human Rights Watch report, having the highest number of child soldiers in the world. Myanmar ranked 164th out of 168 countries on the Reporters Without Borders press freedom index in 2006.
Marty, 49, expresses fear for all those who marched last year in the first uprising against the regime since 1988.
Saying the regime uses torture and slave labor as weapons of choice against dissenters, Marty is disappointed by the international community's failure to make a significant effort to determine the whereabouts of the monks and civilians who were arrested in September's clampdown. "What still shocks me nowadays is that there is still so little wondering or questioning about where these monks are now," she says. "Some monasteries are empty--they have been closed down--they are guarded by the military. But where did all these monks go?"
It is this same concern and energy that courses through her documentary, and that over four years helped her gain the trust of those living in the inhospitable rain forest between Thailand and Myanmar.
The freelance filmmaker worked for German and Swiss television networks before setting up her own company, Kairos Film, in 1991.
But of all of her work, Marty says this film is particularly personal. "I have made films of American Indians. I have made films in Africa, in Russia--always covering hot issues, but nothing ever before caught my heart so much."
During her first visit to Myanmar in 1981, she had no idea of the regime's brutality. On her second visit in 1998, she re-encountered a family who now trusted her enough to tell her about the dark shadows that dominated the "land of a thousand pagodas." She says: "I was ashamed that as a journalist and a documentary filmmaker I didn't know what was happening there. I returned to Switzerland and began to do research."
Marty's studies convinced her that as "no one was speaking about the ordinary farmers" in Myanmar, the film shooting, set to take place from 2001-2003, would focus on ordinary people's lives.
The film also moves from the colors and bustle of the country's "tourist corridor" to a more sinister reality. Along the way the narration gives way to intimate testimonies from residents of camps just kilometers from the front line of the world's longest running civil war. It charts the regime's impact on the Karen, Shan and other ethnic groups, who eke out a day-to-day existence of fear and struggle on the edge of the world's attention.
The film is shot in locations so remote that exiled Burmese communities have been shocked to discover the persecution documented by the film. Since it was made, it has been used by the United Nations as evidence of abuse in the region.
Children face the camera and talk about watching their parents' murders and of their dreams to one day become soldiers so they can fight the military. Students talk about their decision to become freedom fighters.
Marty posed as part of a tourist promotion team to get past the ban on foreign journalists, and later undertook frequent illegal visits in the border regions. The film also coincided with her own struggle against cancer, but her determination never faltered, she says.
"When it comes to Burma, the brutality is so huge I found that many times people would not believe me. This gave me strength to go on. The gasoline (that drove me) was my promise to the people and I had to keep my promise to bring it to the world."
If silence and suppression are the tools of this regime, then listening to the oppressed and amplifying their voices just might be the beginning of the cure.
* * *
The film opens March 15 at Uplink X in Tokyo's Shibuya.
For more information, visit <>
(IHT/Asahi: March 1,2008)
Friday, 29 February 2008
NLD chair charged for holding forced labour report
by Aye Nai
Feb 27, 2008 (DVB)–The National League for Democracy chairperson in San Chaung township, Rangoon division, has been charged with threatening national stability for holding information on forced labour.
NLD chairperson U Thet Wei was arrested on 19 February after authorities tried to seize a memory stick from him containing information about the Burmese’ government’s forced labour practices to be reported to the International Labour Organisation.
Thet Wei was previously arrested on 9 January at a court hearing at Kyauktada township court for solo protestor U Ohn Than.
In an interview with DVB on 13 February, Thet Wei said he had asked police sergeant Hla Phone during the hearing if he could talk to Ohn Than.
“During our talk, U Ohn Than handed me a letter he had written, and I thought it was just a letter to his family and accepted it,” Thet Wei said.
“But Hla Phone saw it and tried to grab it from me, and that’s when the problems started.”
Thet Wei said that Hla Phone then asked him to go to the police station.
“So I handed my wallet, identity card and a memory stick containing documents about the ILO to U Ohn Than’s daughter,” Thet Wei said.
“But Hla Phone tried to seize the memory stick, so I told them it only contained documents about the ILO that have nothing to do with him.”
When Thet Wei tried to stop his memory stick being taken and asked to see a warrant, he was charged with harassing an officer on duty and intimidation.
Thet Wei went to court on 19 February to face these charges, but was arrested again during this court hearing.
The court rejected one of the original charges, but added additional charges relating to dissemination of sensitive material that could undermine national stability, according to his wife, Daw Than Than.
“The new charges are all about the memory stick,” Daw Than Than said.
“He was supposed to drop it in at the ILO after the court hearing but he never made it there and they took it from him.”
Thet Wei, a 50-year-old former political prisoner, is now being held in Pabedan police station.
He is due to appear in court on 4 March to hear the latest charges against him.
The SPDC agreed with the ILO in February 2007 that incidences of forced labour can be freely reported to the ILO and that those who report these cases should not face harassment or arrest.
Feb 27, 2008 (DVB)–The National League for Democracy chairperson in San Chaung township, Rangoon division, has been charged with threatening national stability for holding information on forced labour.
NLD chairperson U Thet Wei was arrested on 19 February after authorities tried to seize a memory stick from him containing information about the Burmese’ government’s forced labour practices to be reported to the International Labour Organisation.
Thet Wei was previously arrested on 9 January at a court hearing at Kyauktada township court for solo protestor U Ohn Than.
In an interview with DVB on 13 February, Thet Wei said he had asked police sergeant Hla Phone during the hearing if he could talk to Ohn Than.
“During our talk, U Ohn Than handed me a letter he had written, and I thought it was just a letter to his family and accepted it,” Thet Wei said.
“But Hla Phone saw it and tried to grab it from me, and that’s when the problems started.”
Thet Wei said that Hla Phone then asked him to go to the police station.
“So I handed my wallet, identity card and a memory stick containing documents about the ILO to U Ohn Than’s daughter,” Thet Wei said.
“But Hla Phone tried to seize the memory stick, so I told them it only contained documents about the ILO that have nothing to do with him.”
When Thet Wei tried to stop his memory stick being taken and asked to see a warrant, he was charged with harassing an officer on duty and intimidation.
Thet Wei went to court on 19 February to face these charges, but was arrested again during this court hearing.
The court rejected one of the original charges, but added additional charges relating to dissemination of sensitive material that could undermine national stability, according to his wife, Daw Than Than.
“The new charges are all about the memory stick,” Daw Than Than said.
“He was supposed to drop it in at the ILO after the court hearing but he never made it there and they took it from him.”
Thet Wei, a 50-year-old former political prisoner, is now being held in Pabedan police station.
He is due to appear in court on 4 March to hear the latest charges against him.
The SPDC agreed with the ILO in February 2007 that incidences of forced labour can be freely reported to the ILO and that those who report these cases should not face harassment or arrest.
Thursday, 28 February 2008
Myanmar pursuing goal of democracy with transparency and time frame
U Pyay Kyaw
The Union of Myanmar is an independent and sovereign nation. In the past, the country was subjugated for 123 years by the British, and during the period, the colonizer exploited and unjustly took out of the nation the precious stones such as gold, silver, diamond, jade, ruby and sapphire including natural resources, agricultural produce and royal gems.
Like Myanmar, many other world countries fell under the colonial rule of the western industrialized countries such as the Britain, France, Belgium, the Dutch, Spain, Portugal and the US. They also exploited all the natural resources of the colonies. At that time, the dictionaries in circulation in the colonialist countries did not carry some words such as freedom, liberty, independence, democracy, human rights, non-aggression and non-interference. Unlike in the past, now they are repeatedly shouting the expressions of freedom, human rights, and democracy. At the same time, they are invading, imposing economic sanctions against, and interfering in the internal affairs of former colonies that are now engaged in national reconstruction tasks.
They are none other than hypocrites. In the course of history, Myanmar people had led a peaceful life, sharing joys and sorrows. Myanmar came under acts of aggressions of the colonialists in 1824, and since then, the people had fought back the colonizers in unity. The regaining of the State’s territory and sovereignty (independence) cost a large number of lives and limbs of the people. Since 4 January 1948 on which the nation regained independence, the people had fallen victims to internal armed conflicts that occurred at the instigation of the colonialists and due to the sectarianism.
It was known to the international community that the Union was on the edge of an abyss, and the nation almost lost independence and encountered bloodshed four times—from 1948 to 1950, from 1958 to 1960, in the early 1962, and in 1988, and thus the people and the Tatmadaw had to defend the Union in collaboration. Anyhow, peace has been restored in Myanmar since 1989. Seventeen national race armed groups returned to the legal fold in consideration of the public interests. Myanmar enjoyed the taste of development at the unprecedented level from 1988 to 2008. With community peace and stability of the State, the government is now implementing the fourth step of the road map.
In 1992, the government held discussions with the ten legal political parties (including NLD) and reached an agreement to hold the National Convention in order to lay down fundamental principles for a constitution. In 1990, Sein Win and some NLD member MPs fled to the camp of armed insurgents in border areas and illegally formed a so-called parallel government. Thus, NLD Chairman U Aung Shwe removed Daw Suu Kyi’s cousin expatriate Sein Win and NLD member accomplices, and U Tin Oo and Daw Suu Kyi who violated the law and incited riots, as member of the NLD headquarters. In addition, he sent a letter with his signature to the Multi-party Democracy General Election Commission, requesting that the commission remove them as representatives-elect.
Five NLD HQ members and nearly 100 NLD representatives led by U Aung Shwe had attended the National Convention since 1993, implying that NLD accepted the concept that a State constitution was essential for the nation. It is common knowledge that the State Constitution Drafting Committee under the leadership of General Aung San drew the 1947 constitution in haste. At that time, the nation was still under the rule of the British government. Under the coercion and pressure of some Shan sawbwas (chieftains), the constitution enumerated some principles on the rights to secede from the Union 10 years after independence.
In the early March 1962, the ruling Pa-Hta-Sa (Union) government was not in a position at all to control the federal movement designed to secede from the Union and then join the South-East Asia Treaty Organization (SEATO) led by the US. In consequence, the government could no longer practise the 1947 constitution.
In 1974, a new constitution was introduced on the basis of Socialism. Nonetheless, in the pragmatic world, the nation practising Socialist Constitution Law did not achieve much economic growth due to various reasons. Again the 1974 constitution was abrogated in 1988, resulting from the objection in the mass protests. A five-warship fleet including an aircraft carrier of a big country intruded into the Myanmar’s waters, prompting the Tatmadaw to take up State responsibilities.
The Union was witnessing general deterioration, stemming from inhumane killings of Myanmar people by same compatriots, burning down public property, looting of shops and government warehouses, and vying each other for power. So, the people and the Tatmadaw again had to save the Union. The process of drawing an enduring constitution was carried out, taking lessons from defects and loopholes of the 1947 constitution and the 1974 constitution.
The National Convention was attended by more than 1000 representatives from ten legal political parties, representatives of representativeselect, independent representatives-elect, representatives of national races from various townships, representatives of peasants, workers, intellectuals and intelligentsia and State service personnel, legal experts and representatives from national race peace groups.
Proposal papers of respective delegate groups, collections of the panel of chairmen of the National Convention plenary sessions, clarifications of the National Convention Convening Commission, and fundamental principles and detailed basic principles adopted with the approval of the plenary sessions received media coverage.
Proposal papers submitted to and discussions held at the National Convention, and principles of the chapters were collected into a book after the National Convention was completed on 3 September 2007. And copies were distributed at the reasonable prices. Nonetheless, renegades, the media under the influence of the colonialists, and internal traitorous national axe-handles are saying that the discussions held and principles adopted at the National Convention are incomprehensible lacking transparency. I would like to urge them to find them up in the old newspapers. The newspapers carried 15 chapters or principles for 15 chapters to be included in the constitution as follows:—
During the period when Daw Suu Kyi and U Tin Oo were placed under restrictions, U Aung Shwe and NLD central executive committee attended the meeting to coordinate for holding the National Convention and agreed to the resolutions. Nearly 90 NLD representatives including U Aung Shwe attended the National Convention that was launched on 9 January 1993. NLD representatives led by U Aung Shwe and representatives of Shan NLD led by U Khun Tun Oo attended the National Convention till it laid down Chapter (1) “State Fundamental Principles”, Chapter (2) “The detailed basic principles for The State Structure”, Chapter (3) “The detailed basic principles for The Head of State”, Chapter (4) “The detailed basic principles for Formation of Legislature”, Chapter (5) “The detailed basic principles for Formation of Executive”, and Chapter (6) “The detailed basic principles for Formation of Judiciary”.
In July 1995, restrictions placed on Daw Suu Kyi were lifted. Since then, the 86 NLD representatives left the National Convention under the orders of Daw Suu Kyi. Then, NLD resorted to various means to disrupt the progress of the National Convention.
Hearing the announcement that the National Convention would resume on 17 May 2004, NLD informed that it would attend the convention. In response, an invitation letter was delivered to NLD.
The party said that it was required to hold a meeting of the NLD executive committee with Daw Suu Kyi and U Tin Oo to decide whether or not it would attend the convention again. Following the news aired by VOA and BBC, NLD coerced the government to lay down State fundamental principles that the NLD representatives had agreed to. State fundamental principles were laid down by the National Convention, not by the government. So, any of the State fundamental principles could not be omitted, rejected, or amended.
If NLD had been clever enough to achieve its intention, it would have attended the convention again and would have submitted its wishes to it.
On the evening of 14 May 2004, VOA and BBC broadcast a news story that NLD would not attend the National Convention again, and it was news to me. I wondered if NLD did not know how to practise politics, or it had no power to do on its own. It turned its back to the National Convention for the second time. Had not it left the convention and continued to attend it in 1995, Hluttaw would have gone through its term two times by now.
I wonder whether it was NLD’s own decision that it would not attend the National Convention in May 2004. Then, expatriates and some western radio stations such as BBC, VOA and RFA claimed that the convention would not be meaningful unless NLD attended it. NLD changed its mind so easily.
From 2004 to 2007, those who were anxious to disrupt the progress of the National Convention used media and explosives, and agitated the people, and then tried to use the UN. Whatever it may be, the entire national people are determined to continue the State’s seven-step Road Map. The people expressed their support for the National Convention by holding mass rallies throughout the nation.
An accusation said that the tasks for emergence of a new constitution were not transparent. They will never realize the tasks so long as they are turning a blind eye to them. Now, the entire Myanmar people are accustomed to such accusations.
Another comment said that the Myanmar government said it was working for transition to democracy, but there was no time frame. The National Convention was completed on 3 September 2007, and before long a 54-member commission for drafting the State constitution was formed. The 54 members included legal experts from states and divisions, professors of various fields, and those who are well-versed in the political, economic and administrative affairs.
On 3 December 2007, the commission launched the drafting of the State constitution based on the principles the National Convention had adopted. On 19 February 2008, the commission plenary session adopted the draft and all the commission members signed the draft on 20 February.
On 9 February 2008, the State Peace and Development Council released Announcement No 1/ 2008 and said that the draft will be approved through a referendum in May 2008. The announcement was aired on TV and radio and stated in the newspapers, and journals and it was posted on the Internet.
On 9 February 2008, the SPDC issued Announcement No 2/2008 and said that it will hold the multi-party democracy general elections in accordance with the new State Constitution in 2010. The process of building a discipline-flourishing democratic nation is transparent with a time frame. I would like to put a question. When will the US and Europe (NATO) withdraw their troops from Iraq and Afghanistan? They are urged to present a time frame to the international community for transparency.
The US President Bush is showing total disregard for the demand of the US citizens and US Congress to present a time frame of pulling back the US troops.
Then, why did he demand a time frame in the Myanmar affairs? I have heard that he invited the UN Secretary-General and put pressure on him to deal with the Myanmar issue. Asia News Channel news said that the US government said that Myanmar would have to redraw the constitution. In this regard, I have to remind it that Myanmar people solely have the right to draw and practise the constitution of the nation.
Representatives of various national races and the people participated in the process of holding the National Convention and drawing the State Constitution, and the entire people will participate in the holding of referendum, approving the draft and implementing the democratic transition processes. So, public participation will make historyof the nation. I have no spare time to pay attention to the words of those negative attitude in the Myanmar’s internal affairs. Myanmar people will continue to serve the interests of the nation with the strength of the national forces.
Translation: MS
Myanma Alin, Kyemon: 27-2-2008
The National Convention was completed on 3 September 2007, and before long a 54-member Commission for Drafting the State Constitution was formed. The 54 members included legal experts from states and divisions, professors of various fields, and those who are well-versed in the political, economic and administrative affairs. On 3 December 2007, the commission launched the drafting of the State constitution based on the principles the National Convention had adopted. On 19 February 2008, the commission plenary session adopted the draft and all the commission members signed the draft on 20 February.
Preamble
The Commission for Drafting the State Constitution has drafted the State Constitution of the Republic of the Union of Myanmar leading to non-disintegration of the Union, non-disintegration of the national solidarity and perpetuation of sovereignty; building of the modern, developed and well-disciplined democratic State for which the entire people are longing; and for the long-term interest of all nationalities who are residing in the Union in accordance with the basic principles and detailed basic principles adopted by the National Convention. The State Peace and Development Council hereby enacts the following Law to enable the adoption of the draft law drafted as such by the entire people through referendum.
Chapter 1
Title and Definition
1. This Law shall be called the Referendum Law for the Approval of the Draft Constitution of the Republic of the Union of Myanmar, 2008.
2. The following expressions contained in this Law shall have the meanings
given here under:
(a) This Law means the Referendum Law for the Approval of the Draft Constitution of the Republic of the Union of Myanmar, 2008:
(b) Referendum means the Referendum held for enabling the approval of the draft State Constitution of the Republic of the Union of Myanmar;
(c) Commission means the Commission for Holding Referendum;
(d) State or Divisional Sub-commission means the State or Divisional Sub-commission for Holding Referendum. The said expression also includes the Sub-commission of the Shan State(North), Shan State (East) and Bago Division (West);
(e) District Sub-commission means the District Sub-commission for Holding Referendum;
(f) Township Sub-commission means the Township Sub-commission for Holding Referendum;
(g) Ward or Village-tract Sub-commission means Ward or Village-tract Sub-commission for Holding Referendum;
(h) Citizen means the person who is already a citizen of the Union of Myanmar according to the existing law;
(i) Member of religious order means:
(i) in the case of Buddhists, monks, novices, religious laymen and nuns;
Explanation: The expression, member of religious order, applies to a religious monk or a member of the religious order while he is serving temporarily as such;
(ii) in the case of Christians, persons who have been recognized and ordained or assigned duties by the relevant Churches as an individual who has dedicated himself mainly to serving the Christian religious order, persons included in the group of individuals or organization which of their own volition have submitted to the control of the respective head according to the religion professed as organized by religious discipline or vow;
(iii) in the case of Hindus, Sanyazi, Mahant or Hindu priest;
(j) Referendum Area means ward of village-tract prescribed by the
Commission to vote for holding referendum;
(k) Voting roll means the roll of persons who are at the prescribed referendum areas and have the right to vote;
(l) Polling Booth Team means the team appointed by the relevant Subcommission for carrying out voting in collective responsibility at a polling booth;
(m) Polling Booth Officer means the leader of the polling booth team appointed by the relevant Sub-commission;
(n) Cancelled Vote means:
(1) the ballot paper of advance ballot paper which has no prescribed mark,
(2) the ballot paper or advance ballot paper scrutinised and decided by the polling booth team to be a fake ballot paper or advance ballot paper, and
(3) the ballot paper destroyed by any means and inserted in the ballot
box.
Chapter II
Convening the Referendum
3. (a) The referendum shall be held for the approval of the draft constitution of the Republic of the Union of Myanmar;
(b) The referendum shall be held completely within the period prescribed by the Commission.
4. (a) The Commission shall declare the day on which the referendum is to be held at least 21days advance;
(b) The Township Sub-commission and the Ward or Village-tract Subcommissions shall declare the list of the persons who have the right to vote according to their referendum area for holding referendum at least 7 days in advance.
Chapter III
Formation of the Commission and Sub-commissions
5. (a) The State Peace and Development Council shall form a referendum commission for holding referendum with the necessary number of suitable citizens;
(b) The commission formed under sub-section (a) shall form or may cause to be formed the following sub-commissions:
(1) a State or Divisional Sub-commission in a State or Division, comprising 15 members;
(2) a District Sub-commission in a district, comprising 15 members;
(3) a Township Sub-commission in a township, comprising 15 members;
(4) a Ward or Village-tract Sub-commission in a ward or villagetract, comprising 5 to 20 members.
Chapter IV
Duties and Powers of the Commission for Holding Referendum and Subcommissions
6. The duties and powers of the Commission are as follows:
(a) holding referendum;
(b) forming, guiding and supervising the sub-commissions;
(c) determining and declaring the referendum areas for holding referendum;
(d) prescribing the period to hold referendum;
(e) guiding and supervising for preparation of list and schedule relating to holding referendum;
(f) prescribing the forms, seals, ballot papers and advance ballot papers to be used by the Commission and Sub-commissions for holding referendum;
(g) issuing ballot papers and advance ballot papers to the respective District Sub-commission;
(h) sending the advance ballot papers to the relevant head of embassy or consulate through the Ministry of Foreign Affairs to enable the persons who are abroad and having the right to vote, to cast vote;
(i) declaring the number of person eligible to vote, persons who cast vote, persons who cast vote-in-favour and their comparison in percentage, reporting to the State Peace and Development Council after the referendum has been held;
(j) carrying out other necessary matters relating to the referendum.
7. The Duties and powers of the State or Divisional Sub-commissions are as follows:
(a) forming District Sub-commissions and Township Sub-commissions in accordance with the directive of the Commission;
(b) supervising and coordinating the performance of the works of the District, Township and Wards or Village-tract Sub-commissions;
(c) reporting the performance of the works of State and Divisional Subcommissions to the Commission;
(d) sending in advance to the Commission the lists of persons eligible to vote sent by the Township Sub-commissions according to the township;
(e) sending the list to the Commission by preparing it in accordance with stipulations by differentiating the list of persons eligible to vote, persons who cast vote, votes-in-favor, votes-against and cancelled votes after collecting the number of votes sent by Township Subcommissions after the referendum has been held.
8. The Duties and Powers of the District Sub-commissions are as follows:
(a) requesting necessary for ballot papers and advance ballot papers for
Township Sub-commissions from the Commission and distributing them sufficiently to Township Sub-commissions;
(b) supervising and coordinating the performance of works of Townships Sub-commissions and Ward or Village-tract Sub-commissions;
(c) carrying out in accordance with the directives of the Commission and State or Divisional Sub-commissions.
9. The Duties and Powers of Township Sub-commissions are as follows:
(a) forming Ward or Village-tract Sub-commissions in accordance with the directive of the Commission;
(b) supervising the referendum held in ward or village-tract;
(c) declaring, adding, amending and approving the voting rolls according to the relevant referendum areas relating to the referendum, sending in advance of the approved list of persons eligible to vote to the relevant State or Divisional Sub-commission;
(d) requesting necessary ballot papers and advance ballot papers for referendum areas in the township from the District Sub-commission and distributing them sufficiently to the Ward or Village-tract Subcommissions according to referendum areas and the teams contained in clauses (2), (3), (4), (5) and (6) of sub-section (d) of section 12;
(e) declaring the days to vote at the referendum areas in the township;
(f) reporting the list to the State and Divisional Sub-commission after preparing it by differentiating the list of persons who cast vote, votes in favour, votes-against and cancelled votes after collecting the number of votes sent by Ward or Village-tract Sub-commissions, and sending the copy to the Commission and relevant District Sub-commissions;
(g) reporting the performance of the works of Township Sub-commission to District Sub-commission and sending the copy to the Commission and relevant State or Divisional Sub-commissions;
(h) carrying out other necessary matters relating to the referendum.
10. The Duties and Powers of Ward or Village-tract Sub-commissions are as follows:
(a) carrying out and taking responsibility for the referendum held in ward or village-tract;
(b) submitting to the relevant Township Sub-commission for approval after preparing voting roll for referendum and declaring the approved voting roll in ward or village-tract;
(c) declaring the polling booth areas and locations in ward or village-tract referendum area with the approval of Township Sub-commission and appointing members of polling booth team and polling booth officer;
Proviso: If any polling booth officer and member of polling booth team is unable to carry out the duty assigned for any reasons on the day of referendum, any suitable citizen who is respected by the local public may be assigned in substitution.
Such assignment shall be reported to the Township Subcommission.
(d) distributing ballot papers and advance ballot papers obtained from Township Sub-commission to polling booth teams sufficiently;
(e) making ballot boxes in accordance with the stipulations;
(f) opening ballot boxes of each polling booth at the said polling booth and supervising in counting votes;
(g) sending list to Township Sub-commission after preparing it in accordance with stipulations by differentiating list of persons who cast vote, votes in-favour, votes-against, cancelled votes, ballot paper and advance ballot paper received, remaining ballot papers and advance ballot papers;
(h) reporting the performance of the works of Ward or Village-tract Subcommission to Township Sub-commission;
(i) carrying out other necessary matters relating to the referendum.
Chapter V
Preparing Voting Rolls
11. (a) Every citizen, associate citizen, naturalized citizen and temporary certificate holder who has completed the age of eighteen years on the day of referendum shall have the right to vote at the referendum. Every person who is so entitled to vote shall be mentioned in the voting roll.
(b) The names of the following persons who are in conformity with the provisions contained in sub-section (a) are entitled to be mentioned in the voting roll:
(1) the diplomats, diplomatic staff, consular staff of the Union of Myanmar and members of their household;
(2) members of army, navy or air force of Tatmadaw who are out of referendum area on duty on the day of referendum although they live within military unit, and members of their household living together with them;
(3) persons who are appointed by the Government to carry out duties outside the Union of Myanmar and members of their household;
(4) State scholars who are abroad and members of their household living together with them;
(5) other persons who are abroad with the permission of the Government;
(6) students who are studying at various universities, degree colleges, colleges, institutes and schools;
Explanation: University, degree-college, college, institute and school means the universities, degree-colleges, colleges, institutes and schools opened or recognized by the Government for study by students. The said expression includes vocational schools, social welfare schools and homes or universities or schools established by the Tatmadaw.
Among the students studying at universities, degree colleges, colleges, institutes and schools, students who come from other region and are studying there other than students who are included in voting roll of the area where the relevant university, degree-college, college, institute and school is established, are entitled to vote in accordance with the provisions of this Law.
(7) persons who are taking medical treatment as in-patient in hospital and service personnel who are on duty;
(8) persons who are at the worksite of other region, having left their base camp, under the assignment of any Government department or organization;
(9) detainees in custody of police station or prisons;
(c) In preparing the voting roll, temporary workers who come from referendum area of permanent residence to other referendum area individually or in group until the day of referendum is over, they may be included in the voting roll of the referendum area where they are now present. The relevant Township Sub-commission shall be informed to cancel the list of the names of such persons from the voting roll of the referendum area where they originally resided.
(d) The following persons shall not be included in the voting roll:
(1) members of religious orders;
(2) persons who have been adjudged to be of unsound mind as provided for in the relevant law;
(3) persons serving prison terms, having been convicted under order or sentence of a court for any offence;
(4) persons who are illegally abroad;
(5) foreigners.
12. (a) The voting roll shall be prepared by the Ward or Village-tract Subcommissions according to their ward or village-tract.
(b) The Ward or Village-tract Sub-commissions shall include the name of every eligible voter who lives in their ward or village-tract under subsection (a) of section 11 in the voting roll.
(c) In preparing voting roll under sub-section (a), the names of persons mentioned in sub-section (b) of section 11 shall not be included in the voting roll of Ward or Village-tract where they reside. If it is included in that voting roll, the name of such person shall be removed from the voting roll.
(d) In preparing the voting roll for the persons included in sub-section (b) of section 11, the following teams formed with suitable number of members as directed by the Commission shall prepare it:
(1) for the persons who are abroad and eligible to vote and members of their household living with them, head of the relevant embassy and team or head of consulate and team;
(2) for the members of army, navy, air force of Tatmadaw who are out of referendum area on duty on the day of referendum although they reside in military unit and members of their household living together with them, relevant commanding office and team;
(3) for the students who are studying at various universities, degree colleges, colleges, institutes and schools, rector of the university and team if it is the university; principal and team, if it is the degree-college and college; principal and team, if it is the institute and school; head of such school and team, if it is the school for social welfare; head of the school and team, if it is the home, head of the home;
(4) for persons taking medical treatments as in-patient in hospital and service personnel who are on duty, medical superintendent of the hospital and team;
(5) for the persons who are at the work-site of other region, having left their base camp, under the assignment of any Government department or organization, head of such worksite and team;
(6) for detainees in custody of police station, officer-in-charge of relevant police station and team, for detainees in prison, warden and team.
(e) in preparing voting roll for members of army, navy and air force of Tatmadaw who are eligible to vote under sub-section (a) of section 11 and members of their household, Ward or Village-tract Sub-commission shall carry out as follows:
(1) including the names of members of army, navy and air force of Tatmadaw who reside at the regiments, military units, military commands based within their relevant Ward or Village-tract and members of their household with the help of relevant commanding officer;
(2) including the names of members of army, navy and air force of Tatmadaw who are out of relevant military unit and the names of members of their household living together with them, in the voting roll of referendum area where they reside.
13. (a) The Ward or Village-tract Sub-commissions shall carry out inspection, declaration, amending and adding to the voting roll. However, in respect of amending, adding to the voting roll, the approval of the relevant Township Sub-commission shall be obtained.
(b) The teams formed under sub-section (d) of Section 12 shall carry out inspection, declaration, amending, adding and approving the voting roll like the Ward or Village-tract Sub-commissions. If dispute arises relating to voting-roll, approval shall be obtained, for the team formed under clauses (1) and (2) of sub-section (d) of section 12, from the Commission, and for other teams, from their relevant Township Sub commission. The decision of the Commission and Township Subcommission shall be final and conclusive.
Chapter VI
Voting
14. (a) Every person who is included in the voting roll for the referendum is entitled to vote.
(b) The person who is entitled to vote shall cast vote only at the polling booth of the referendum area in which his name is included.
15. Stipulated ballot box shall be placed at a conspicuous place for public to enable voters to cast vote conveniently at every polling booth where referendum is to be held.
16. A person who is entitled to vote shall have the right to vote only once at the referendum.
17. A person eligible to vote shall obtain the ballot paper from Polling Booth Officer or person assigned by Polling Booth Officer, express his wish secretly at the stipulated place in the polling booth and put it into the ballot box.
18. The persons eligible to vote who are abroad, and persons who are to travel out of the referendum area where they reside on the day referendum is held are entitled to vote with advance ballot paper in accordance with the stipulations.
19. The manner of voting for the persons mentioned in sub-section (b) of section 11 shall be as stipulated in the Rules made under this Law.
Chapter VII
Postponing and Dissolving of Voting
20. (a) The relevant Township Sub-commission may postpone once to a suitable date for enabling voting at all polling booths or some polling booths or a polling booth within the stipulated period under sub-section
(d) of section 6, if free and fair referendum may not be held stably due to natural disaster or situation affecting the security or any other disaster. In addition, polling booths may be immediately transferred to a place it deems appropriate. Such postponement and transfer shall be submitted to District Sub-commission and the copy shall be submitted to the Commission and relevant State or Divisional Sub-commissions.
(b) If the persons eligible to vote are unable to vote at any polling booth on stipulated day to vote due to any reasons contained in sub-section (a), the Polling Booth Team shall declare postponement of voting. If it is postponed while being voted, Polling Booth Team shall close the ballot box in the presence of 5 persons eligible to vote and such process of the event shall be submitted immediately to respective the Ward or Village-tract Sub-commission. Such Sub-commission shall report to Township Sub-commission with its recommendation.
(c) The Ward or Village-tract Sub-commission shall determine and declare a day within the stipulated period under sub-section (d) of section 6 and venue for casting vote by remaining persons eligible to vote at the polling booth declared for postponement.
(d) New ballot box shall be used for voting on the day postponed.
21. (a) If situation arises to dissolve voting for referendum due to any reasons contained in section 20, the Ward or Village-tract Sub-commission may dissolve some polling booths or all polling booths within its referendum area. If such situation arises, the Ward or Village-tract Subcommission shall submit its performance immediately to the relevant Township Sub-commission.
(b) The Township Sub-commission shall report the submission of Ward or Village-tract Sub-commission under sub-section (a), to District Subcommission with its recommendation immediately and send the copy to Commission and relevant State or Divisional Sub-commissions.
(c) If situation arises to dissolve voting of referendum due to any reasons contained in section 20, the Township Sub-commission may dissolve a referendum area or up to the half of all stipulated referendum areas in its Township. If situation arises to dissolve over half of all referendum areas, the Township Sub-commission shall report to the relevant District Sub-commission and State or Divisional Sub-commission
immediately with its recommendation.
(d) The State or Divisional Sub-commission shall give decision on the submission of Township Sub-commission under sub-section (c). Such decision shall be final and conclusive. The State or Divisionl Subcommission shall report such decision for dissolution to the Commission and send the copy to relevant District Sub-commissions and Township Sub-commissions.
Chapter VIII
Counting of Votes
22. (a) The polling booth team, immediately after closing the polling booth, shall:
(1) inspect the ballot boxes in the presence of not less than ten persons eligible to vote, open such ballot boxes and count the votes. In so counting, votes-in-favour, votes-against and cancelled votes shall be differentiated and counted;
(2) continue to obtain the votes from remaining eligible voters in the postponed date under sub-section (c) of section 20. Only after closing such polling booth, votes from such polling booth shall be counted by adding the votes from the ballot boxes closed securely under sub-section (b) of section 20;
(3) count only the votes in the ballot boxes closed securely under subsection
(b) of section 20, if voting is unable to be held also on the postponed date under sub-section (c) of section 20;
(4) prepare separately the list of voters contained in voting roll, votes in favour, votes against, cancelled votes, ballot papers received and remaining ballot papers and send to the Ward or Village-tract Sub Commission in conformity with clause (1).
(b) The Ward or Village-tract Sub-Commission shall collect the lists sent under clause (4) of sub-section (a) according to polling booth, prepare combined list, and advance ballot papers received and send to relevant Township Sub-commission with report.
(c) The Township Sub-commission shall send combined list to State or Divisional Sub-commission with report of:
(1) the lists collected and prepared according to the Ward or Villagetract sent by Ward or Village-tract Sub-commissions under subsection (b);
(2) the lists obtained after counting advance ballot papers sent by teams formed under clauses (2), (3), (4), (5) and (6) of sub-section
(d) of section 12 and advance ballot papers sent by Ward or Village-tract Sub-commissions and lists contained in clause (1).
Such Copy shall be sent to the Commission and relevant District Sub-commissions.
(d) The State or Divisional Sub-commission shall collect and send the voting lists sent by the Township Sub-commissions under sub-section
(c) to the Commission.
(e) The Commission shall count the advance ballot papers sent by teams formed under clause (1) of sub-section (d) of section 12 after differentiating votes in favour, votes against and cancelled votes.
Chapter IX
Declaring Votes
23. The Commission shall, after holding the referendum, combine the lists of advance ballot papers submitted by the State or Divisional Sub-commissions under sub-section
(d) of section 22 and lists of advance ballot papers counted by the Commission under sub-section (e) of section 22, declare the number of eligible voters, number of voters in favour and the comparison of them in percentage.
Chapter X
Prohibition and Penalty
24. In respect of the referendum, no one shall do any of the following:
(a) voting more than once;
(b) possessing the fake ballot paper or fake advance ballot paper;
(c) destroying the ballot paper or advance ballot paper;
(d) taking away the ballot paper outside the polling booth;
(e) opening the ballot box without authority, destroying or affecting it in any other manner;
(f) destroying the polling booth;
(g) making or destroying intentionally the lists, notices or other documents issued by the Commission and Sub-commission so as to be unable to be read;
(h) lecturing, distributing papers, using posters or disturbing the voting in any other manner in the polling booth or on the premises of polling booth or at the public or private place to destroy the referendum.
25. Whoever violates any prohibition contained in section 24, attempts to violates as such, commit any criminal act by conspiring to violate or abet in violation, shall, on conviction, be punished with imprisonment not exceeding 3 years or with a fine not exceeding one hundred thousand kyats or, with both.
Chapter XI
Obtaining Financial and Staff Assistance
26. (a) The Commission shall:
(1) submit and request the State Peace and Development Council by
calculating the estimated expenditure for holding referendum and expend;
(2) allocate, as appropriate, out of the fund requested and obtained under clause (1) to the Sub-commissions.
(b) The Sub-commissions shall:
(1) expend the fund allocated by the Commission under sub-section
(a) as directed by the Commission and keep the accounts systematically;
(2) send their balance statements of accounts to the Commission after holding the referendum.
27. The Commission may co-ordinate and obtain necessary staff and material assistance for the Commission and Sub-commissions from the ministries and organizations.
Chapter XII
Miscellaneous
28. The Commission shall submit the report to the State Peace and Development Council after declaring the situation of the vote obtained under section 23.
29. (a) If the office of the member of the Commission becomes vacant for any reason, the State Peace and Development Council may substitute and appoint a member for such office;
(b) If the office of the member of any Sub-commission becomes vacant for any reason, the following Commission or Sub-commissions may substitute and appoint:
(1) if it is the post of the member of State or Divisional Subcommissions, the Commission;
(2) if it is the post of the member of District Sub-commission, relevant State or Divisional Sub-commission;
(3) if it is the post of the member of the Township Sub-commission, relevant State or Divisional Sub-commission;
(4) if it is the post of the member of Ward or Village-tract Subcommission, relevant Township Sub-commission.
(c) The performance of the Commission or Sub-commission shall not be invalidated due to vacancy of the post of the member of the Commission and Sub-commission.
30. For the purpose of implementing the provisions of this Law, the State Peace and Development Council may make such Rules as may be necessary.
31. The Commission may without contravening to the provisions of this Law or Rules made hereunder issue such notifications, orders and directives as may be necessary without.
The Union of Myanmar is an independent and sovereign nation. In the past, the country was subjugated for 123 years by the British, and during the period, the colonizer exploited and unjustly took out of the nation the precious stones such as gold, silver, diamond, jade, ruby and sapphire including natural resources, agricultural produce and royal gems.
Like Myanmar, many other world countries fell under the colonial rule of the western industrialized countries such as the Britain, France, Belgium, the Dutch, Spain, Portugal and the US. They also exploited all the natural resources of the colonies. At that time, the dictionaries in circulation in the colonialist countries did not carry some words such as freedom, liberty, independence, democracy, human rights, non-aggression and non-interference. Unlike in the past, now they are repeatedly shouting the expressions of freedom, human rights, and democracy. At the same time, they are invading, imposing economic sanctions against, and interfering in the internal affairs of former colonies that are now engaged in national reconstruction tasks.
They are none other than hypocrites. In the course of history, Myanmar people had led a peaceful life, sharing joys and sorrows. Myanmar came under acts of aggressions of the colonialists in 1824, and since then, the people had fought back the colonizers in unity. The regaining of the State’s territory and sovereignty (independence) cost a large number of lives and limbs of the people. Since 4 January 1948 on which the nation regained independence, the people had fallen victims to internal armed conflicts that occurred at the instigation of the colonialists and due to the sectarianism.
It was known to the international community that the Union was on the edge of an abyss, and the nation almost lost independence and encountered bloodshed four times—from 1948 to 1950, from 1958 to 1960, in the early 1962, and in 1988, and thus the people and the Tatmadaw had to defend the Union in collaboration. Anyhow, peace has been restored in Myanmar since 1989. Seventeen national race armed groups returned to the legal fold in consideration of the public interests. Myanmar enjoyed the taste of development at the unprecedented level from 1988 to 2008. With community peace and stability of the State, the government is now implementing the fourth step of the road map.
In 1992, the government held discussions with the ten legal political parties (including NLD) and reached an agreement to hold the National Convention in order to lay down fundamental principles for a constitution. In 1990, Sein Win and some NLD member MPs fled to the camp of armed insurgents in border areas and illegally formed a so-called parallel government. Thus, NLD Chairman U Aung Shwe removed Daw Suu Kyi’s cousin expatriate Sein Win and NLD member accomplices, and U Tin Oo and Daw Suu Kyi who violated the law and incited riots, as member of the NLD headquarters. In addition, he sent a letter with his signature to the Multi-party Democracy General Election Commission, requesting that the commission remove them as representatives-elect.
Five NLD HQ members and nearly 100 NLD representatives led by U Aung Shwe had attended the National Convention since 1993, implying that NLD accepted the concept that a State constitution was essential for the nation. It is common knowledge that the State Constitution Drafting Committee under the leadership of General Aung San drew the 1947 constitution in haste. At that time, the nation was still under the rule of the British government. Under the coercion and pressure of some Shan sawbwas (chieftains), the constitution enumerated some principles on the rights to secede from the Union 10 years after independence.
In the early March 1962, the ruling Pa-Hta-Sa (Union) government was not in a position at all to control the federal movement designed to secede from the Union and then join the South-East Asia Treaty Organization (SEATO) led by the US. In consequence, the government could no longer practise the 1947 constitution.
In 1974, a new constitution was introduced on the basis of Socialism. Nonetheless, in the pragmatic world, the nation practising Socialist Constitution Law did not achieve much economic growth due to various reasons. Again the 1974 constitution was abrogated in 1988, resulting from the objection in the mass protests. A five-warship fleet including an aircraft carrier of a big country intruded into the Myanmar’s waters, prompting the Tatmadaw to take up State responsibilities.
The Union was witnessing general deterioration, stemming from inhumane killings of Myanmar people by same compatriots, burning down public property, looting of shops and government warehouses, and vying each other for power. So, the people and the Tatmadaw again had to save the Union. The process of drawing an enduring constitution was carried out, taking lessons from defects and loopholes of the 1947 constitution and the 1974 constitution.
The National Convention was attended by more than 1000 representatives from ten legal political parties, representatives of representativeselect, independent representatives-elect, representatives of national races from various townships, representatives of peasants, workers, intellectuals and intelligentsia and State service personnel, legal experts and representatives from national race peace groups.
Proposal papers of respective delegate groups, collections of the panel of chairmen of the National Convention plenary sessions, clarifications of the National Convention Convening Commission, and fundamental principles and detailed basic principles adopted with the approval of the plenary sessions received media coverage.
Proposal papers submitted to and discussions held at the National Convention, and principles of the chapters were collected into a book after the National Convention was completed on 3 September 2007. And copies were distributed at the reasonable prices. Nonetheless, renegades, the media under the influence of the colonialists, and internal traitorous national axe-handles are saying that the discussions held and principles adopted at the National Convention are incomprehensible lacking transparency. I would like to urge them to find them up in the old newspapers. The newspapers carried 15 chapters or principles for 15 chapters to be included in the constitution as follows:—
| Chapter (1) | The State | 28-8-2007 |
| Chapter (2) | The State Structure | 28-8-2007 |
| Chapter (3) | The Head of State | 28-8-2007 |
| Chapter (4) | Legislature | 29-8-2007 |
| Chapter (5) | Executive | 30-8-2007 |
| Chapter (6) | Judiciary | 1-9-2007 |
| Chapter (7) | The Tatmadaw | 2-9-2007 |
| Chapter (8) | Citizens, Fundamental Principles and Responsiblities | 2-9-2007 |
| Chapter (9) | Election | 2-9-2007 |
| Chapter (10) | Political Parties | 2-9-2007 |
| Chapter (11) | Provisions on State of Emergency | 3-9-2007 |
| Chapter (12) | Amendment of the Constitution | 3-9-2007 |
| Chapter (13) | State Flag, State Seal, National Anthem and the Capital | 3-9-2007 |
| Chapter (14) | Transitory Provisions | 3-9-2007 |
| Chapter (15) | General Provisions | 3-9-2007 |
During the period when Daw Suu Kyi and U Tin Oo were placed under restrictions, U Aung Shwe and NLD central executive committee attended the meeting to coordinate for holding the National Convention and agreed to the resolutions. Nearly 90 NLD representatives including U Aung Shwe attended the National Convention that was launched on 9 January 1993. NLD representatives led by U Aung Shwe and representatives of Shan NLD led by U Khun Tun Oo attended the National Convention till it laid down Chapter (1) “State Fundamental Principles”, Chapter (2) “The detailed basic principles for The State Structure”, Chapter (3) “The detailed basic principles for The Head of State”, Chapter (4) “The detailed basic principles for Formation of Legislature”, Chapter (5) “The detailed basic principles for Formation of Executive”, and Chapter (6) “The detailed basic principles for Formation of Judiciary”.
In July 1995, restrictions placed on Daw Suu Kyi were lifted. Since then, the 86 NLD representatives left the National Convention under the orders of Daw Suu Kyi. Then, NLD resorted to various means to disrupt the progress of the National Convention.
Hearing the announcement that the National Convention would resume on 17 May 2004, NLD informed that it would attend the convention. In response, an invitation letter was delivered to NLD.
The party said that it was required to hold a meeting of the NLD executive committee with Daw Suu Kyi and U Tin Oo to decide whether or not it would attend the convention again. Following the news aired by VOA and BBC, NLD coerced the government to lay down State fundamental principles that the NLD representatives had agreed to. State fundamental principles were laid down by the National Convention, not by the government. So, any of the State fundamental principles could not be omitted, rejected, or amended.
If NLD had been clever enough to achieve its intention, it would have attended the convention again and would have submitted its wishes to it.
On the evening of 14 May 2004, VOA and BBC broadcast a news story that NLD would not attend the National Convention again, and it was news to me. I wondered if NLD did not know how to practise politics, or it had no power to do on its own. It turned its back to the National Convention for the second time. Had not it left the convention and continued to attend it in 1995, Hluttaw would have gone through its term two times by now.
I wonder whether it was NLD’s own decision that it would not attend the National Convention in May 2004. Then, expatriates and some western radio stations such as BBC, VOA and RFA claimed that the convention would not be meaningful unless NLD attended it. NLD changed its mind so easily.
From 2004 to 2007, those who were anxious to disrupt the progress of the National Convention used media and explosives, and agitated the people, and then tried to use the UN. Whatever it may be, the entire national people are determined to continue the State’s seven-step Road Map. The people expressed their support for the National Convention by holding mass rallies throughout the nation.
An accusation said that the tasks for emergence of a new constitution were not transparent. They will never realize the tasks so long as they are turning a blind eye to them. Now, the entire Myanmar people are accustomed to such accusations.
Another comment said that the Myanmar government said it was working for transition to democracy, but there was no time frame. The National Convention was completed on 3 September 2007, and before long a 54-member commission for drafting the State constitution was formed. The 54 members included legal experts from states and divisions, professors of various fields, and those who are well-versed in the political, economic and administrative affairs.
On 3 December 2007, the commission launched the drafting of the State constitution based on the principles the National Convention had adopted. On 19 February 2008, the commission plenary session adopted the draft and all the commission members signed the draft on 20 February.
On 9 February 2008, the State Peace and Development Council released Announcement No 1/ 2008 and said that the draft will be approved through a referendum in May 2008. The announcement was aired on TV and radio and stated in the newspapers, and journals and it was posted on the Internet.
On 9 February 2008, the SPDC issued Announcement No 2/2008 and said that it will hold the multi-party democracy general elections in accordance with the new State Constitution in 2010. The process of building a discipline-flourishing democratic nation is transparent with a time frame. I would like to put a question. When will the US and Europe (NATO) withdraw their troops from Iraq and Afghanistan? They are urged to present a time frame to the international community for transparency.
The US President Bush is showing total disregard for the demand of the US citizens and US Congress to present a time frame of pulling back the US troops.
Then, why did he demand a time frame in the Myanmar affairs? I have heard that he invited the UN Secretary-General and put pressure on him to deal with the Myanmar issue. Asia News Channel news said that the US government said that Myanmar would have to redraw the constitution. In this regard, I have to remind it that Myanmar people solely have the right to draw and practise the constitution of the nation.
Representatives of various national races and the people participated in the process of holding the National Convention and drawing the State Constitution, and the entire people will participate in the holding of referendum, approving the draft and implementing the democratic transition processes. So, public participation will make historyof the nation. I have no spare time to pay attention to the words of those negative attitude in the Myanmar’s internal affairs. Myanmar people will continue to serve the interests of the nation with the strength of the national forces.
Translation: MS
Myanma Alin, Kyemon: 27-2-2008
The National Convention was completed on 3 September 2007, and before long a 54-member Commission for Drafting the State Constitution was formed. The 54 members included legal experts from states and divisions, professors of various fields, and those who are well-versed in the political, economic and administrative affairs. On 3 December 2007, the commission launched the drafting of the State constitution based on the principles the National Convention had adopted. On 19 February 2008, the commission plenary session adopted the draft and all the commission members signed the draft on 20 February.
~~~---~~~
The Union of Myanmar
The State Peace and Development Council
The Referendum Law for the Approval of the Draft Constitution of
the Republic of the Union of Myanmar, 2008
(The State Peace and Development Council Law No 1/2008)
The 5th Waning Day of Tabodwe 1369ME
(26th February,2008)
The State Peace and Development Council
The Referendum Law for the Approval of the Draft Constitution of
the Republic of the Union of Myanmar, 2008
(The State Peace and Development Council Law No 1/2008)
The 5th Waning Day of Tabodwe 1369ME
(26th February,2008)
Preamble
The Commission for Drafting the State Constitution has drafted the State Constitution of the Republic of the Union of Myanmar leading to non-disintegration of the Union, non-disintegration of the national solidarity and perpetuation of sovereignty; building of the modern, developed and well-disciplined democratic State for which the entire people are longing; and for the long-term interest of all nationalities who are residing in the Union in accordance with the basic principles and detailed basic principles adopted by the National Convention. The State Peace and Development Council hereby enacts the following Law to enable the adoption of the draft law drafted as such by the entire people through referendum.
Chapter 1
Title and Definition
1. This Law shall be called the Referendum Law for the Approval of the Draft Constitution of the Republic of the Union of Myanmar, 2008.
2. The following expressions contained in this Law shall have the meanings
given here under:
(a) This Law means the Referendum Law for the Approval of the Draft Constitution of the Republic of the Union of Myanmar, 2008:
(b) Referendum means the Referendum held for enabling the approval of the draft State Constitution of the Republic of the Union of Myanmar;
(c) Commission means the Commission for Holding Referendum;
(d) State or Divisional Sub-commission means the State or Divisional Sub-commission for Holding Referendum. The said expression also includes the Sub-commission of the Shan State(North), Shan State (East) and Bago Division (West);
(e) District Sub-commission means the District Sub-commission for Holding Referendum;
(f) Township Sub-commission means the Township Sub-commission for Holding Referendum;
(g) Ward or Village-tract Sub-commission means Ward or Village-tract Sub-commission for Holding Referendum;
(h) Citizen means the person who is already a citizen of the Union of Myanmar according to the existing law;
(i) Member of religious order means:
(i) in the case of Buddhists, monks, novices, religious laymen and nuns;
Explanation: The expression, member of religious order, applies to a religious monk or a member of the religious order while he is serving temporarily as such;
(ii) in the case of Christians, persons who have been recognized and ordained or assigned duties by the relevant Churches as an individual who has dedicated himself mainly to serving the Christian religious order, persons included in the group of individuals or organization which of their own volition have submitted to the control of the respective head according to the religion professed as organized by religious discipline or vow;
(iii) in the case of Hindus, Sanyazi, Mahant or Hindu priest;
(j) Referendum Area means ward of village-tract prescribed by the
Commission to vote for holding referendum;
(k) Voting roll means the roll of persons who are at the prescribed referendum areas and have the right to vote;
(l) Polling Booth Team means the team appointed by the relevant Subcommission for carrying out voting in collective responsibility at a polling booth;
(m) Polling Booth Officer means the leader of the polling booth team appointed by the relevant Sub-commission;
(n) Cancelled Vote means:
(1) the ballot paper of advance ballot paper which has no prescribed mark,
(2) the ballot paper or advance ballot paper scrutinised and decided by the polling booth team to be a fake ballot paper or advance ballot paper, and
(3) the ballot paper destroyed by any means and inserted in the ballot
box.
Chapter II
Convening the Referendum
3. (a) The referendum shall be held for the approval of the draft constitution of the Republic of the Union of Myanmar;
(b) The referendum shall be held completely within the period prescribed by the Commission.
4. (a) The Commission shall declare the day on which the referendum is to be held at least 21days advance;
(b) The Township Sub-commission and the Ward or Village-tract Subcommissions shall declare the list of the persons who have the right to vote according to their referendum area for holding referendum at least 7 days in advance.
Chapter III
Formation of the Commission and Sub-commissions
5. (a) The State Peace and Development Council shall form a referendum commission for holding referendum with the necessary number of suitable citizens;
(b) The commission formed under sub-section (a) shall form or may cause to be formed the following sub-commissions:
(1) a State or Divisional Sub-commission in a State or Division, comprising 15 members;
(2) a District Sub-commission in a district, comprising 15 members;
(3) a Township Sub-commission in a township, comprising 15 members;
(4) a Ward or Village-tract Sub-commission in a ward or villagetract, comprising 5 to 20 members.
Chapter IV
Duties and Powers of the Commission for Holding Referendum and Subcommissions
6. The duties and powers of the Commission are as follows:
(a) holding referendum;
(b) forming, guiding and supervising the sub-commissions;
(c) determining and declaring the referendum areas for holding referendum;
(d) prescribing the period to hold referendum;
(e) guiding and supervising for preparation of list and schedule relating to holding referendum;
(f) prescribing the forms, seals, ballot papers and advance ballot papers to be used by the Commission and Sub-commissions for holding referendum;
(g) issuing ballot papers and advance ballot papers to the respective District Sub-commission;
(h) sending the advance ballot papers to the relevant head of embassy or consulate through the Ministry of Foreign Affairs to enable the persons who are abroad and having the right to vote, to cast vote;
(i) declaring the number of person eligible to vote, persons who cast vote, persons who cast vote-in-favour and their comparison in percentage, reporting to the State Peace and Development Council after the referendum has been held;
(j) carrying out other necessary matters relating to the referendum.
7. The Duties and powers of the State or Divisional Sub-commissions are as follows:
(a) forming District Sub-commissions and Township Sub-commissions in accordance with the directive of the Commission;
(b) supervising and coordinating the performance of the works of the District, Township and Wards or Village-tract Sub-commissions;
(c) reporting the performance of the works of State and Divisional Subcommissions to the Commission;
(d) sending in advance to the Commission the lists of persons eligible to vote sent by the Township Sub-commissions according to the township;
(e) sending the list to the Commission by preparing it in accordance with stipulations by differentiating the list of persons eligible to vote, persons who cast vote, votes-in-favor, votes-against and cancelled votes after collecting the number of votes sent by Township Subcommissions after the referendum has been held.
8. The Duties and Powers of the District Sub-commissions are as follows:
(a) requesting necessary for ballot papers and advance ballot papers for
Township Sub-commissions from the Commission and distributing them sufficiently to Township Sub-commissions;
(b) supervising and coordinating the performance of works of Townships Sub-commissions and Ward or Village-tract Sub-commissions;
(c) carrying out in accordance with the directives of the Commission and State or Divisional Sub-commissions.
9. The Duties and Powers of Township Sub-commissions are as follows:
(a) forming Ward or Village-tract Sub-commissions in accordance with the directive of the Commission;
(b) supervising the referendum held in ward or village-tract;
(c) declaring, adding, amending and approving the voting rolls according to the relevant referendum areas relating to the referendum, sending in advance of the approved list of persons eligible to vote to the relevant State or Divisional Sub-commission;
(d) requesting necessary ballot papers and advance ballot papers for referendum areas in the township from the District Sub-commission and distributing them sufficiently to the Ward or Village-tract Subcommissions according to referendum areas and the teams contained in clauses (2), (3), (4), (5) and (6) of sub-section (d) of section 12;
(e) declaring the days to vote at the referendum areas in the township;
(f) reporting the list to the State and Divisional Sub-commission after preparing it by differentiating the list of persons who cast vote, votes in favour, votes-against and cancelled votes after collecting the number of votes sent by Ward or Village-tract Sub-commissions, and sending the copy to the Commission and relevant District Sub-commissions;
(g) reporting the performance of the works of Township Sub-commission to District Sub-commission and sending the copy to the Commission and relevant State or Divisional Sub-commissions;
(h) carrying out other necessary matters relating to the referendum.
10. The Duties and Powers of Ward or Village-tract Sub-commissions are as follows:
(a) carrying out and taking responsibility for the referendum held in ward or village-tract;
(b) submitting to the relevant Township Sub-commission for approval after preparing voting roll for referendum and declaring the approved voting roll in ward or village-tract;
(c) declaring the polling booth areas and locations in ward or village-tract referendum area with the approval of Township Sub-commission and appointing members of polling booth team and polling booth officer;
Proviso: If any polling booth officer and member of polling booth team is unable to carry out the duty assigned for any reasons on the day of referendum, any suitable citizen who is respected by the local public may be assigned in substitution.
Such assignment shall be reported to the Township Subcommission.
(d) distributing ballot papers and advance ballot papers obtained from Township Sub-commission to polling booth teams sufficiently;
(e) making ballot boxes in accordance with the stipulations;
(f) opening ballot boxes of each polling booth at the said polling booth and supervising in counting votes;
(g) sending list to Township Sub-commission after preparing it in accordance with stipulations by differentiating list of persons who cast vote, votes in-favour, votes-against, cancelled votes, ballot paper and advance ballot paper received, remaining ballot papers and advance ballot papers;
(h) reporting the performance of the works of Ward or Village-tract Subcommission to Township Sub-commission;
(i) carrying out other necessary matters relating to the referendum.
Chapter V
Preparing Voting Rolls
11. (a) Every citizen, associate citizen, naturalized citizen and temporary certificate holder who has completed the age of eighteen years on the day of referendum shall have the right to vote at the referendum. Every person who is so entitled to vote shall be mentioned in the voting roll.
(b) The names of the following persons who are in conformity with the provisions contained in sub-section (a) are entitled to be mentioned in the voting roll:
(1) the diplomats, diplomatic staff, consular staff of the Union of Myanmar and members of their household;
(2) members of army, navy or air force of Tatmadaw who are out of referendum area on duty on the day of referendum although they live within military unit, and members of their household living together with them;
(3) persons who are appointed by the Government to carry out duties outside the Union of Myanmar and members of their household;
(4) State scholars who are abroad and members of their household living together with them;
(5) other persons who are abroad with the permission of the Government;
(6) students who are studying at various universities, degree colleges, colleges, institutes and schools;
Explanation: University, degree-college, college, institute and school means the universities, degree-colleges, colleges, institutes and schools opened or recognized by the Government for study by students. The said expression includes vocational schools, social welfare schools and homes or universities or schools established by the Tatmadaw.
Among the students studying at universities, degree colleges, colleges, institutes and schools, students who come from other region and are studying there other than students who are included in voting roll of the area where the relevant university, degree-college, college, institute and school is established, are entitled to vote in accordance with the provisions of this Law.
(7) persons who are taking medical treatment as in-patient in hospital and service personnel who are on duty;
(8) persons who are at the worksite of other region, having left their base camp, under the assignment of any Government department or organization;
(9) detainees in custody of police station or prisons;
(c) In preparing the voting roll, temporary workers who come from referendum area of permanent residence to other referendum area individually or in group until the day of referendum is over, they may be included in the voting roll of the referendum area where they are now present. The relevant Township Sub-commission shall be informed to cancel the list of the names of such persons from the voting roll of the referendum area where they originally resided.
(d) The following persons shall not be included in the voting roll:
(1) members of religious orders;
(2) persons who have been adjudged to be of unsound mind as provided for in the relevant law;
(3) persons serving prison terms, having been convicted under order or sentence of a court for any offence;
(4) persons who are illegally abroad;
(5) foreigners.
12. (a) The voting roll shall be prepared by the Ward or Village-tract Subcommissions according to their ward or village-tract.
(b) The Ward or Village-tract Sub-commissions shall include the name of every eligible voter who lives in their ward or village-tract under subsection (a) of section 11 in the voting roll.
(c) In preparing voting roll under sub-section (a), the names of persons mentioned in sub-section (b) of section 11 shall not be included in the voting roll of Ward or Village-tract where they reside. If it is included in that voting roll, the name of such person shall be removed from the voting roll.
(d) In preparing the voting roll for the persons included in sub-section (b) of section 11, the following teams formed with suitable number of members as directed by the Commission shall prepare it:
(1) for the persons who are abroad and eligible to vote and members of their household living with them, head of the relevant embassy and team or head of consulate and team;
(2) for the members of army, navy, air force of Tatmadaw who are out of referendum area on duty on the day of referendum although they reside in military unit and members of their household living together with them, relevant commanding office and team;
(3) for the students who are studying at various universities, degree colleges, colleges, institutes and schools, rector of the university and team if it is the university; principal and team, if it is the degree-college and college; principal and team, if it is the institute and school; head of such school and team, if it is the school for social welfare; head of the school and team, if it is the home, head of the home;
(4) for persons taking medical treatments as in-patient in hospital and service personnel who are on duty, medical superintendent of the hospital and team;
(5) for the persons who are at the work-site of other region, having left their base camp, under the assignment of any Government department or organization, head of such worksite and team;
(6) for detainees in custody of police station, officer-in-charge of relevant police station and team, for detainees in prison, warden and team.
(e) in preparing voting roll for members of army, navy and air force of Tatmadaw who are eligible to vote under sub-section (a) of section 11 and members of their household, Ward or Village-tract Sub-commission shall carry out as follows:
(1) including the names of members of army, navy and air force of Tatmadaw who reside at the regiments, military units, military commands based within their relevant Ward or Village-tract and members of their household with the help of relevant commanding officer;
(2) including the names of members of army, navy and air force of Tatmadaw who are out of relevant military unit and the names of members of their household living together with them, in the voting roll of referendum area where they reside.
13. (a) The Ward or Village-tract Sub-commissions shall carry out inspection, declaration, amending and adding to the voting roll. However, in respect of amending, adding to the voting roll, the approval of the relevant Township Sub-commission shall be obtained.
(b) The teams formed under sub-section (d) of Section 12 shall carry out inspection, declaration, amending, adding and approving the voting roll like the Ward or Village-tract Sub-commissions. If dispute arises relating to voting-roll, approval shall be obtained, for the team formed under clauses (1) and (2) of sub-section (d) of section 12, from the Commission, and for other teams, from their relevant Township Sub commission. The decision of the Commission and Township Subcommission shall be final and conclusive.
Chapter VI
Voting
14. (a) Every person who is included in the voting roll for the referendum is entitled to vote.
(b) The person who is entitled to vote shall cast vote only at the polling booth of the referendum area in which his name is included.
15. Stipulated ballot box shall be placed at a conspicuous place for public to enable voters to cast vote conveniently at every polling booth where referendum is to be held.
16. A person who is entitled to vote shall have the right to vote only once at the referendum.
17. A person eligible to vote shall obtain the ballot paper from Polling Booth Officer or person assigned by Polling Booth Officer, express his wish secretly at the stipulated place in the polling booth and put it into the ballot box.
18. The persons eligible to vote who are abroad, and persons who are to travel out of the referendum area where they reside on the day referendum is held are entitled to vote with advance ballot paper in accordance with the stipulations.
19. The manner of voting for the persons mentioned in sub-section (b) of section 11 shall be as stipulated in the Rules made under this Law.
Chapter VII
Postponing and Dissolving of Voting
20. (a) The relevant Township Sub-commission may postpone once to a suitable date for enabling voting at all polling booths or some polling booths or a polling booth within the stipulated period under sub-section
(d) of section 6, if free and fair referendum may not be held stably due to natural disaster or situation affecting the security or any other disaster. In addition, polling booths may be immediately transferred to a place it deems appropriate. Such postponement and transfer shall be submitted to District Sub-commission and the copy shall be submitted to the Commission and relevant State or Divisional Sub-commissions.
(b) If the persons eligible to vote are unable to vote at any polling booth on stipulated day to vote due to any reasons contained in sub-section (a), the Polling Booth Team shall declare postponement of voting. If it is postponed while being voted, Polling Booth Team shall close the ballot box in the presence of 5 persons eligible to vote and such process of the event shall be submitted immediately to respective the Ward or Village-tract Sub-commission. Such Sub-commission shall report to Township Sub-commission with its recommendation.
(c) The Ward or Village-tract Sub-commission shall determine and declare a day within the stipulated period under sub-section (d) of section 6 and venue for casting vote by remaining persons eligible to vote at the polling booth declared for postponement.
(d) New ballot box shall be used for voting on the day postponed.
21. (a) If situation arises to dissolve voting for referendum due to any reasons contained in section 20, the Ward or Village-tract Sub-commission may dissolve some polling booths or all polling booths within its referendum area. If such situation arises, the Ward or Village-tract Subcommission shall submit its performance immediately to the relevant Township Sub-commission.
(b) The Township Sub-commission shall report the submission of Ward or Village-tract Sub-commission under sub-section (a), to District Subcommission with its recommendation immediately and send the copy to Commission and relevant State or Divisional Sub-commissions.
(c) If situation arises to dissolve voting of referendum due to any reasons contained in section 20, the Township Sub-commission may dissolve a referendum area or up to the half of all stipulated referendum areas in its Township. If situation arises to dissolve over half of all referendum areas, the Township Sub-commission shall report to the relevant District Sub-commission and State or Divisional Sub-commission
immediately with its recommendation.
(d) The State or Divisional Sub-commission shall give decision on the submission of Township Sub-commission under sub-section (c). Such decision shall be final and conclusive. The State or Divisionl Subcommission shall report such decision for dissolution to the Commission and send the copy to relevant District Sub-commissions and Township Sub-commissions.
Chapter VIII
Counting of Votes
22. (a) The polling booth team, immediately after closing the polling booth, shall:
(1) inspect the ballot boxes in the presence of not less than ten persons eligible to vote, open such ballot boxes and count the votes. In so counting, votes-in-favour, votes-against and cancelled votes shall be differentiated and counted;
(2) continue to obtain the votes from remaining eligible voters in the postponed date under sub-section (c) of section 20. Only after closing such polling booth, votes from such polling booth shall be counted by adding the votes from the ballot boxes closed securely under sub-section (b) of section 20;
(3) count only the votes in the ballot boxes closed securely under subsection
(b) of section 20, if voting is unable to be held also on the postponed date under sub-section (c) of section 20;
(4) prepare separately the list of voters contained in voting roll, votes in favour, votes against, cancelled votes, ballot papers received and remaining ballot papers and send to the Ward or Village-tract Sub Commission in conformity with clause (1).
(b) The Ward or Village-tract Sub-Commission shall collect the lists sent under clause (4) of sub-section (a) according to polling booth, prepare combined list, and advance ballot papers received and send to relevant Township Sub-commission with report.
(c) The Township Sub-commission shall send combined list to State or Divisional Sub-commission with report of:
(1) the lists collected and prepared according to the Ward or Villagetract sent by Ward or Village-tract Sub-commissions under subsection (b);
(2) the lists obtained after counting advance ballot papers sent by teams formed under clauses (2), (3), (4), (5) and (6) of sub-section
(d) of section 12 and advance ballot papers sent by Ward or Village-tract Sub-commissions and lists contained in clause (1).
Such Copy shall be sent to the Commission and relevant District Sub-commissions.
(d) The State or Divisional Sub-commission shall collect and send the voting lists sent by the Township Sub-commissions under sub-section
(c) to the Commission.
(e) The Commission shall count the advance ballot papers sent by teams formed under clause (1) of sub-section (d) of section 12 after differentiating votes in favour, votes against and cancelled votes.
Chapter IX
Declaring Votes
23. The Commission shall, after holding the referendum, combine the lists of advance ballot papers submitted by the State or Divisional Sub-commissions under sub-section
(d) of section 22 and lists of advance ballot papers counted by the Commission under sub-section (e) of section 22, declare the number of eligible voters, number of voters in favour and the comparison of them in percentage.
Chapter X
Prohibition and Penalty
24. In respect of the referendum, no one shall do any of the following:
(a) voting more than once;
(b) possessing the fake ballot paper or fake advance ballot paper;
(c) destroying the ballot paper or advance ballot paper;
(d) taking away the ballot paper outside the polling booth;
(e) opening the ballot box without authority, destroying or affecting it in any other manner;
(f) destroying the polling booth;
(g) making or destroying intentionally the lists, notices or other documents issued by the Commission and Sub-commission so as to be unable to be read;
(h) lecturing, distributing papers, using posters or disturbing the voting in any other manner in the polling booth or on the premises of polling booth or at the public or private place to destroy the referendum.
25. Whoever violates any prohibition contained in section 24, attempts to violates as such, commit any criminal act by conspiring to violate or abet in violation, shall, on conviction, be punished with imprisonment not exceeding 3 years or with a fine not exceeding one hundred thousand kyats or, with both.
Chapter XI
Obtaining Financial and Staff Assistance
26. (a) The Commission shall:
(1) submit and request the State Peace and Development Council by
calculating the estimated expenditure for holding referendum and expend;
(2) allocate, as appropriate, out of the fund requested and obtained under clause (1) to the Sub-commissions.
(b) The Sub-commissions shall:
(1) expend the fund allocated by the Commission under sub-section
(a) as directed by the Commission and keep the accounts systematically;
(2) send their balance statements of accounts to the Commission after holding the referendum.
27. The Commission may co-ordinate and obtain necessary staff and material assistance for the Commission and Sub-commissions from the ministries and organizations.
Chapter XII
Miscellaneous
28. The Commission shall submit the report to the State Peace and Development Council after declaring the situation of the vote obtained under section 23.
29. (a) If the office of the member of the Commission becomes vacant for any reason, the State Peace and Development Council may substitute and appoint a member for such office;
(b) If the office of the member of any Sub-commission becomes vacant for any reason, the following Commission or Sub-commissions may substitute and appoint:
(1) if it is the post of the member of State or Divisional Subcommissions, the Commission;
(2) if it is the post of the member of District Sub-commission, relevant State or Divisional Sub-commission;
(3) if it is the post of the member of the Township Sub-commission, relevant State or Divisional Sub-commission;
(4) if it is the post of the member of Ward or Village-tract Subcommission, relevant Township Sub-commission.
(c) The performance of the Commission or Sub-commission shall not be invalidated due to vacancy of the post of the member of the Commission and Sub-commission.
30. For the purpose of implementing the provisions of this Law, the State Peace and Development Council may make such Rules as may be necessary.
31. The Commission may without contravening to the provisions of this Law or Rules made hereunder issue such notifications, orders and directives as may be necessary without.
Sd./ (Than Shwe)
Senior General
Chairman
The State Peace and Development Council
Senior General
Chairman
The State Peace and Development Council
Irrawaddy's 27 February 2008
Stiff Penalties for Resistance to Constitutional Referendum
Burma's junta has enacted a new law threatening stiff punishment for anybody who disturbs the smooth procedure of the planned May referendum on a draft constitution.
ILO Extends “Understanding” with Burmese Regime
The International Labor Organization and the Burmese junta have agreed to continue working together to address the issue of forced labor.
China’s Stand on Burma and Darfur Spurs Boycott Call
As China prepares to host the Olympic Games in August, its foreign policy is coming under increasing scrutiny because of its stand on political events in Burma and Darfur.
Bishops Criticized for Not Seeking Arroyo’s Ouster
Roman Catholic bishops are drawn into the calls for Philippine President Gloria Macapagal’s resignation.
Beyond the 'Oneness' of Ethnicity
Since the tragic assassination of Mahn Sha, the Karen National Union’s general secretary, on February 14, many people have expressed the opinion that non-Karens must have been behind this crime, because “it is impossible that Karens would kill the Karen leader.” Such remarks alert us to the need to re-examine popular notions of ethnicity, which are based on the romantic view that “we are one sharing common interests, but under attack from the Other.”
Burma's junta has enacted a new law threatening stiff punishment for anybody who disturbs the smooth procedure of the planned May referendum on a draft constitution.
ILO Extends “Understanding” with Burmese Regime
The International Labor Organization and the Burmese junta have agreed to continue working together to address the issue of forced labor.
China’s Stand on Burma and Darfur Spurs Boycott Call
As China prepares to host the Olympic Games in August, its foreign policy is coming under increasing scrutiny because of its stand on political events in Burma and Darfur.
Bishops Criticized for Not Seeking Arroyo’s Ouster
Roman Catholic bishops are drawn into the calls for Philippine President Gloria Macapagal’s resignation.
Beyond the 'Oneness' of Ethnicity
Since the tragic assassination of Mahn Sha, the Karen National Union’s general secretary, on February 14, many people have expressed the opinion that non-Karens must have been behind this crime, because “it is impossible that Karens would kill the Karen leader.” Such remarks alert us to the need to re-examine popular notions of ethnicity, which are based on the romantic view that “we are one sharing common interests, but under attack from the Other.”
Today's news - 27 February 2008
Indonesia wants Suu Kyi in democracy process
Wirayuda said that Indonesia, the largest member of the Association of Southeast Asian Nations - to which Myanmar also belongs - should along with Asean still engage with the regime to push for an inclusive political process.
Indonesia welcomed the announcement of the May constitutional referendum and 2010 elections, but Indonesia is still advocating an engagement by Asean with Myanmar,†Wirayuda told a press briefing.
He said Indonesia supported the mission of UN envoy to Myanmar Ibrahim Gambari, who is UN chief Ban Ki-moon's pointman on promoting national reconciliation in Myanmar.
Burmese Authorities Close Weekly Magazine
A media rights group says Burma's military government has ordered the weekly magazine Myanmar Nation to stop publishing and has arrested two of its employees.
The International Freedom of Expression Exchange said Wednesday that the arrests of Thet Zin and Sein Win show that Burma continues to crack down on the independent media, despite plans for a constitutional referendum and other promises of reform. The group said the two are being held without charge.
Burma's allure places travelers in ethical dilemma
Activists say tourist dollars support the military junta, but many Burmese say they need the income.
Out of the motorized canoe, through a bamboo grove, up wooden stairs to the jungle, and there they are – thousands of stupas and shrines of Indein Village, their pinnacles rising into a cloudless sky.
Japan Backs UN Special Envoy's Efforts on Burma
Senior Japanese government officials Wednesday expressed Tokyo's intention to fully support UN special envoy to Myanmar [Burma] Ibrahim Gambari's efforts to promote democratization in the military-ruled country, the Foreign Ministry said.
Gambari explained to Vice Foreign Minister Mitoji Yabunaka and Deputy Foreign Minister Kenichiro Sasae that he intends to urge the junta during his visit to Myanmar in early March to engage in substantive talks with pro-democracy leader Aung San Suu Kyi, who remains under house arrest.
Wirayuda said that Indonesia, the largest member of the Association of Southeast Asian Nations - to which Myanmar also belongs - should along with Asean still engage with the regime to push for an inclusive political process.
Indonesia welcomed the announcement of the May constitutional referendum and 2010 elections, but Indonesia is still advocating an engagement by Asean with Myanmar,†Wirayuda told a press briefing.
He said Indonesia supported the mission of UN envoy to Myanmar Ibrahim Gambari, who is UN chief Ban Ki-moon's pointman on promoting national reconciliation in Myanmar.
Burmese Authorities Close Weekly Magazine
A media rights group says Burma's military government has ordered the weekly magazine Myanmar Nation to stop publishing and has arrested two of its employees.
The International Freedom of Expression Exchange said Wednesday that the arrests of Thet Zin and Sein Win show that Burma continues to crack down on the independent media, despite plans for a constitutional referendum and other promises of reform. The group said the two are being held without charge.
Burma's allure places travelers in ethical dilemma
Activists say tourist dollars support the military junta, but many Burmese say they need the income.
Out of the motorized canoe, through a bamboo grove, up wooden stairs to the jungle, and there they are – thousands of stupas and shrines of Indein Village, their pinnacles rising into a cloudless sky.
Japan Backs UN Special Envoy's Efforts on Burma
Senior Japanese government officials Wednesday expressed Tokyo's intention to fully support UN special envoy to Myanmar [Burma] Ibrahim Gambari's efforts to promote democratization in the military-ruled country, the Foreign Ministry said.
Gambari explained to Vice Foreign Minister Mitoji Yabunaka and Deputy Foreign Minister Kenichiro Sasae that he intends to urge the junta during his visit to Myanmar in early March to engage in substantive talks with pro-democracy leader Aung San Suu Kyi, who remains under house arrest.
Junta Charges 88 Generation Students
By SAW YAN NAING
About 20 well-known Burmese political prisoners including members of the 88 Generation Students group have been charged and could receive sentences of up to 20-years, according to sources close to the activists.
Student leaders including Min Ko Naing and Ko Ko Gyi as well as university students who took part in the Buddhist monk-led nationwide uprising in September 2007 have been charged under decree 5/96 dealing with obstruction or opposition to the National Convention.
Win Maung, the father of the 88 Generation Students leader Pyone Cho, recently visited Insein Prison. He told The Irrawaddy on Wednesday, “The new charges were approved on February 20. But, they [prisoners] haven’t been sent to trial yet. University students were also among the group.”
Decree 5/96, concerning opposition to the National Convention, was enacted in 1996, said Aung Thein, a lawyer in Rangoon. The National Convention was convened 14 years ago and charged with making recommendations for a draft constitution, which is set to go before voters in a national referendum in May.
Opposition to the National Convention includes leaflet distribution, public gatherings and lobby campaigns. Any person who organized or supported such activities could be charged, said Tate Naing, the secretary of the Thailand-based Assistance Association for Political Prisoners (Burma).
Tate Naing said the 5/96 decree increases the prison time the authorities can give the pro-democracy activists.
Some political prisoners, including Ba Tint and Ba Mint, were jailed by authorities in 2005 under decree 5/96, Tate Naing said.
The student leaders were previously charged under section 17/20 of Burma’s Printing and Publishing Act.
Members of the 88 Generation Students group have been detained since they were arrested in August following their protests against a sharp increase in fuel prices. None has been sentenced by authorities.
Meanwhile, the health condition of detained 88 Generation Students members has improved, according to Tun Myint Aung, a member of the student group who is now in hiding.
According to the London-based Amnesty International, some 1,850 political prisoners are in Burmese prisons, and 96 persons remain unaccounted for following the September demonstrations. An estimated 700 political activists were arrested in September 2007.
About 20 well-known Burmese political prisoners including members of the 88 Generation Students group have been charged and could receive sentences of up to 20-years, according to sources close to the activists.
Student leaders including Min Ko Naing and Ko Ko Gyi as well as university students who took part in the Buddhist monk-led nationwide uprising in September 2007 have been charged under decree 5/96 dealing with obstruction or opposition to the National Convention.
Win Maung, the father of the 88 Generation Students leader Pyone Cho, recently visited Insein Prison. He told The Irrawaddy on Wednesday, “The new charges were approved on February 20. But, they [prisoners] haven’t been sent to trial yet. University students were also among the group.”
Decree 5/96, concerning opposition to the National Convention, was enacted in 1996, said Aung Thein, a lawyer in Rangoon. The National Convention was convened 14 years ago and charged with making recommendations for a draft constitution, which is set to go before voters in a national referendum in May.
Opposition to the National Convention includes leaflet distribution, public gatherings and lobby campaigns. Any person who organized or supported such activities could be charged, said Tate Naing, the secretary of the Thailand-based Assistance Association for Political Prisoners (Burma).
Tate Naing said the 5/96 decree increases the prison time the authorities can give the pro-democracy activists.
Some political prisoners, including Ba Tint and Ba Mint, were jailed by authorities in 2005 under decree 5/96, Tate Naing said.
The student leaders were previously charged under section 17/20 of Burma’s Printing and Publishing Act.
Members of the 88 Generation Students group have been detained since they were arrested in August following their protests against a sharp increase in fuel prices. None has been sentenced by authorities.
Meanwhile, the health condition of detained 88 Generation Students members has improved, according to Tun Myint Aung, a member of the student group who is now in hiding.
According to the London-based Amnesty International, some 1,850 political prisoners are in Burmese prisons, and 96 persons remain unaccounted for following the September demonstrations. An estimated 700 political activists were arrested in September 2007.
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