Wednesday, July 3, 2013

Democratic Voice of Burma

Democratic Voice of Burma

USDP open to constitutional amendments

Posted: 03 Jul 2013 05:18 AM PDT

The ruling Union Solidarity and Development Party's vice-chair Htay Oo talks about amending Burma’s controversial constitution. He said he would support an amendment but the interest of the union should be prioritised first.

Htay Oo: ‘The previous government shaped this system for us’

Posted: 03 Jul 2013 04:24 AM PDT

The ruling Union Solidarity and Development Party's vice-chair Htay Oo talks with DVB's Aung Htun Myint about amending the country's controversial constitution, the National Race Protection Draft Law and challenges his party faces ahead of the 2015 elections.

First, can you give us a comment about the parliament's plan to form a commission tasked with reviewing constitutional amendments?

The proposal was submitted in the parliament by the USDP's vice-chair Thura U Aye Myint. It's not that we are implying that the constitution is definitely going to be amended, but it's merely for the parliament to make considerations on legislative grounds because matters with the constitution are too important – they do not only concern the parliament, but also the public and the government.

Where does the USDP stand on amending the constitution?

We have to consider whether the amendments would be harmful to the sovereignty of the state, which has always been a factor for us. Moreover, we have a lot of ethnic groups in Burma, so we also have to focus on the non-disintegration of national solidarity as well as the non-disintegration of the union.

In my opinion, whether it’s a law or the constitution, the interests of the union should be prioritised first. So basically all these are factored into the 2008 constitution, at least in the text, but whether the [constitutional clauses] are implemented or not depends on power sharing between the union government and a regional cabinet – if there are loopholes between them.

There are ethnic nationality representatives, from all divisions and states, in the parliament. First, as practical work, we are verifying whether there are rights approved by the constitution that they are still unable to enjoy, and then we’ll brainstorm about the results. But one thing is for sure; we will focus on helping the country and the people.

Does this mean you will support amending the constitution?

If it's necessary, yes.

What is your comment about the popular National Race Protection Draft Law (which contains provisions concerning the restriction of interfaith marriage) being put forward by leading Buddhist monks?

It's about Wunthanu Rethkita [the Nationalist Principles] practiced by every nation. I don't know what's in the law, although its title 'National Race Protection' sounds noble. But of course, there will be clauses that see to the protection of one's country and race in the laws we draft, but the most important thing is that – there are undesirable problems in our country today and those need to end. Instigation and confusion must be prevented.

So you think the ongoing violence is undesirable – some have said these problems were inherited from the previous government?

I don't think this was an inheritance from the previous government – it depends on each individual's personal opinion and what they base it on. One thing is for sure, the [democratic] system we are in now was set up by the previous government e.g. the parliament building was built by the previous government and without it, where would our venue for hosting the parliamentary sessions be. The previous government shaped this system for us and there may be obstructions and hindrances, but we need a collective effort to deal with them – I wouldn't prefer putting the blame on this or that person.

Some say that there has been a deliberate attempt by a group of individuals to interfere with the country's democratic transition by instigating riots.

It's surely an ill intention, if true. I resent that and so would the party as well as the government and the parliament.

What challenges are the USDP facing ahead of the 2015 elections and how are you preparing for those?

There are things that we wish for, things that should happen and things that can happen. We are starting with things that should happen and that can happen – there are also a lot of things we wish for. And if everyone works together in unity, everything will improve. So if our wishes come true, then it's good, otherwise we'll call it a challenge.

Recently, U Shwe Mann expressed his wish to become the president and so did Daw Aung San Suu Kyi. What is your opinion?

They are both competent individuals but since there's only one [presidential position], they would have to compete – and show the public how much they could do for them. As for me, I don't want to give any comment.

Waiting for justice in Burma

Posted: 03 Jul 2013 02:37 AM PDT

"If you are neutral in a situation of injustice, you have chosen to side with the oppressor." - Aung San Suu Kyi

A new art gallery recently opened in Rangoon. Set in beautiful gardens with a souvenir shop and coffee corner, it displays paintings of flowers and Buddhist iconography. Its smiling, civilised patron is Lt. General Khin Nyunt, the former head of Military Intelligence, the man who was allegedly responsible for much of the torture inflicted by Burma’s former military regimes.

The last time I directly came across Khin Nyunt’s reported activities was in northern Karen state in 2000. Part of the region had been terrorised by death squads, known colloquially as "Short Pants". Their other, more onomatopoeic name, was Shwit A’Pweh: the sound of a knife cutting a throat.

The short pants were specially selected brutal NCO’s trained in terror. They consisted of small teams that travelled through Karen villages who initially killed all the dogs to ensure the necessary precondition of silence for their nocturnal depravities. In the darkness, terrified villagers in their stilt houses never knew where the short pants were. There were no dogs to warn them. There was no electricity. There were few torches. The jungle was thick with darkness. A call of nature might mean silent, sudden death.

During that time, victims’ bodies were "disappeared" usually into rivers. The wounds of surviving loved ones never healed. The short pants allegedly operated directly under the command of our friendly patron of the Rangoon art gallery: Lt. General Khin Nyunt.

Next time I am in Rangoon, I think I will look him up and have a chat. I understand he does not want to talk about the past and has re-invented himself through meditating, helping budding artists and enjoying the life of a reformed gent. But I want to talk about the past and the operation he allegedly ran because nearly everyone arrested in Burma reportedly went through his torture chambers initially, unless of course you were a rural villager, which meant you were more likely to be killed or tortured in situ.

I also want to talk about what he organised and who trained and funded his military intelligence and psychological warfare operations. And I want to tell him I am not yet ready to forgive and forget, while well over 200,000 Christian Kachin and Muslim Rohingya are being terrorised out of their homes.

None of this is politically correct. Some argue the timing is not right to have this type of conversation. It has not been "right" for 50 years, but since Aung San Suu Kyi’s release, the disregard and indifference has intensified. Bizarrely, a campaign for justice, which has collected and collated very detailed evidence of war crimes, ethnic cleansing and violations of common article 3 of the Geneva Conventions and established a prima facie case of crimes against humanity, has been abandoned, even as the "widespread, systematic" violations continue.

The general complicit evasiveness is couched in the language of morality, i.e. "forgiveness and reconciliation," thus making it difficult to challenge. In the topsy-turvy world of Burma’s brave new world of democracy exposure and condemnation of violations is "politically sensitive"; justice irrelevant; complicit silence prudent.

"Failure to address injustice will scar present and future generations"

Although it is of course self-evident that pragmatism is often essential to facilitate the perilous transition from dictatorship to democracy, it is inappropriate to Burma now because there is no genuine transfer of power. Instead a cynical and disingenuous bandwagon misrepresents the military’s guileful consolidation of power as a democratic transition.

In reality, the military has simply reconfigured itself in civilian guise, imposed repressive tolerance on lowland Burma and "legitimised" its power in the form of the 2008 Constitution.

It can now actually shoot dead unarmed Rohingya women in displacement camps during the opening of the World Economic Forum and nobody even blinks. In the unlikely event of Aung San Suu Kyi being elected president this racist deceitful constitutional dictatorship will be lauded throughout the world.

Meanwhile, during the current process of apparent change, a systematic policy of ethnic cleansing has been inflicted on the Rohingya; pogroms have been instigated against Burmese Muslims; massive military assaults directed against the Christian Kachin.

In these circumstances, it is unconscionable for the political opposition to collaborate opportunistically with unreformed perpetrators. The policy of appeasement involving short circuiting justice, indulging in denial, feigning forgiveness, affecting amnesia all deny what psychological reality demands: cessation of violence; demonstration of remorse; implementation of justice.

Now the international community compounds its failings by refusing to fund even the survival needs of ethnic victims, while the symbols of capitalist modernity, glossy red Coca Cola trucks, triumphantly arrive in lowland Burma as if the Berlin wall had just fallen.

Norway, the home of the Nobel Peace Prize and a supposed human rights giant, dismisses the plight of the Rohingya as "an internal Myanmar matter".

Now, the country has been awarded a "peace" dividend: a hugely lucrative mobile phone contract. Premier Stoltenberg’s dismissal of the plight of the Rohingya betrays one of the fundamental principles of international law: crimes against humanity, ethnic cleansing and violations of the Geneva Conventions are crimes of universal jurisdiction.

The UN Special Rapporteur for Human Rights, Mr Tomas Ojea Quintana, has called for an investigation into crimes against humanity in Burma supported by 16 leading nations. The former President of the Society of Genocide scholars and the world’s leading expert on the subject, the ever rightfully cautious Professor William Schabas, considers genocide applicable to the Rohingya.

Despite all the misrepresentation, disregard, understatement, complicity and indifference required to conceal the truth and promote Burma’s "Mandela like transition," truth and justice cannot be denied. Failure to address injustice will scar present and future generations, undermine international law, strengthen Burma’s long tradition of despotism and reinforce fatalism.

Moreover, from a Buddhist perspective, perpetrators cannot escape judgement. In the next life, culprits will be reincarnated into pyettas, tormented spirits, unless they create genuine reconciliation in this one. That will require confession, remorse and atonement, the qualities the great Buddhist emperor Ashoka so nobly displayed. Whatever form justice comes in: redemptive, restorative or retributive, genuine contrition is required.

If Khin Nyunt and his collaborators escape the courts here in this life, the hungry ghosts will be waiting for them in the next. The ghosts, like the courts, will not be appeased with the old refrain: "I was only obeying orders."

Guy Horton is a researcher on Burma at The School of Oriental and African Studies, University of London

-The opinions and views expressed in this piece are the author's own and do not necessarily reflect DVB's editorial policy.

US blacklists Burmese general over North Korean arms deals

Posted: 02 Jul 2013 09:09 PM PDT

The United States placed a Burmese general on its sanctions blacklist Tuesday for arms deals with North Korea that violated the UN Security Council embargo on buying weapons from Pyongyang.

Weeks after a landmark visit to Washington by Burma's President Thein Sein celebrated the thaw in bilateral relations, the US Treasury named Lt. General Thein Htay, the head of Burma’s Directorate of Defense Industries, for the sanctions.

The treasury said the general was involved in buying North Korean military goods despite his government’s support of the Security Council ban.

It said he acted on behalf of the Directorate of Defense Industries, a Burmese military agency that was placed on the US sanctions blacklist in July 2012 for arms deals with North Korea.

The treasury stressed in a statement that the Burmese government, which until 2010 endured years of isolation and condemnation by the international community for rights abuses, was not targeted by the sanctions.

“This action specifically targets Thein Htay, who is involved in the illicit trade of North Korean arms to Burma,” said Treasury.

“It does not target the government of Burma, which has continued to take positive steps in severing its military ties with North Korea.”

The treasury noted that the Burmese government last November “publicly announced its intention to abide by” the UN Security Council resolution prohibiting countries from buying military equipment and support from North Korea.

“The international community has repeatedly condemned North Korea’s nuclear and ballistic missile proliferation activity,” the treasury said.

“North Korea’s arms trade provides it with an important source of revenue to expand and enhance its proscribed nuclear and missile programs, which are a threat to international peace and security.”

The sanctions announced Tuesday forbid any American from doing business with Thein Htay and freeze any assets he might have in the United States.

The general was until early this year Minister for Border Affairs, a position that linked him to the widely criticised handling of anti-Muslim violence in Arakan state and its brutal campaign against the Kachin minority.

The blacklisting came despite a warming of relations between the United States and Burma, after the government introduced democratic reforms.

In May, President Thein Sein, a former military commander, held talks with US President Barack Obama in Washington as Burma continued to gain distance from its former pariah status alongside North Korea.

It was the first visit in nearly 50 years by a Burmese leader to the White House, and Obama praised the country’s journey away from brutal junta rule, promising Washington would offer more political and economic support.

But the US has not whole-heartedly embraced Burma, remaining cautious about its security ties to Beijing and Pyongyang.
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