The BurmaNet News: October 22, 1998

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The BurmaNet News: October 22, 1998
Issue #1123

HEADLINES:
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REUTERS: MYANMAR TRYING TO FORCE MPS TO RESIGN
CRPP: NOTIFICATION #5-CITIZENS RIGHTS PROTECTION LAW 
AUSTRALIAN NEWS NETWORK: GENERAL TRIES THE PARTY LINE 
BKK POST: BUT WHAT ABOUT THE JAILED BURMESE? (LETTER) 
AFP: INDIAN REBELS FLOOD MARKETS WITH FAKE MONEY 
THE NATION: BURMESE BIDS TO HELP ITS NEIGHBORS 
BKK POST: BURMA GETS MALARIA AID 
REUTERS: WTO SETS UP DISPUTE PANEL ON MASSACHUSETTS LAW
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REUTERS: MYANMAR TRYING TO FORCE MPS TO RESIGN - OPPOSITION 
21 October, 1998 

YANGON, Oct 21 (Reuters) - Myanmar's opposition National League for
Democracy accused the military government on Wednesday of holding elected
members of parliament in detention to force them to resign.

``Those under detention are being pressured by means of unlawful methods
and being forced to resign from being representatives elect and from the
NLD without their consent,'' the party said in a statement.

``The NLD will not accept their resignations at all as they are not in
accord with the law,'' it said.

The party, led by Nobel Peace Prize winner Aung San Suu Kyi, says 988 of
its members, including 203 who were elected in Myanmar's last general
election eight years ago, have been detained since May.

The NLD won the 1990 election by a landslide but the military ignored the
result.

Most of the detentions have occurred since the party vowed in August that
it would call a ``People's Parliament.''

The NLD leadership has since formed a committee to act on behalf of such a
parliament, its strongest act of defiance against the ruling military council.

The government has admitted it is holding some NLD members, but has given
no figures. It has said that it has freed 24 NLD members from among those
detained.

In Bangkok, the All Burma Students' Democratic Front, an organisation of
political exiles, said the government had charged the leader of the Mon
National Democratic Front under the Emergency Provisions Act for backing
the NLD committee.

It said Naign Ngwe Thein, 75, had been detained since May and had been
charged on October 9 along with two other officials of his party, Min Soe
Lin and Min Kyi Win, both of whom won seats in the election.

The student front said in a statement that the two were likely to receive
long prison terms.

A government spokesman in Yangon did not reply to a faxed query from
Reuters in Bangkok about the reported charges. 

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CRPP: NOTIFICATION #5 - CITIZENS RIGHTS PROTECTION LAW
16 October, 1998 

Committee representing the People's Parliament elected by the people in the
1990 Multi-party Democracy General Elections (Committee Representing
People's Parliament)

NOTIFICATION NO. 5

1. In notification No 2 dated 28-9-98 the Committee Representing the
People's Parliament elected by the multiparty democracy  general elections
made the following announcement: "That the Committee representing the
People's Parliament will recommend to the People's Parliament that the
under-mentioned laws be amended.

(a) -----------
(b) -----------
(c) Citizens' Rights Protection Law.
(d) -----------
(e) -----------"

2.  The Citizens Rights Protection Law was promulgated during the Burmese
Socialist Program Party (BSPP) era.

3.  Since protection of the rights of citizens is the duty of every state
and country, it is resolved that every citizen's rights contained in the
basic law and original laws be fully restored

4. The State has a duty to protect those rights that a citizen is entitled
to. Apart from what is contained in the Preface, Section 1 of Chapter 1,
and Sections 2 and 3 of Chapter 2, the remaining sections of the existing
Citizens' Rights Protection Law are inappropriate so it is resolved that
they be expunged.

5.  Laws that are fundamental to the protection of the rights of citizens
and are necessary for the creation of a genuine democratic system are
embodied in the following writs:

(1)  Habeas Corpus
(2)  Mandamus
(3)  Prohibition
(4)  Quo Warranto and
(5)  Certiorari

It is therefore resolved that a recommendation be made to the Peoples
Parliament for the inclusion of these writs in the law.

6.  For a better appreciation of these writs by the people it is resolved
that the meanings and explanations be appended to this notification.

Committee Representing People's Parliament, Rangoon
16 October 1998

(The National League for Democracy takes full responsibility for
distribution.)

APPENDIX

Writs

HABEAS CORPUS

A writ of habeas corpus is a written order by a judge or a court addressed
to a person in authority for the purpose of examining if the restraint of a
person is in accordance with the provisions of law.

It is a process be which jurisdiction is given to a judge or a court of law
to prevent and examine cases of illegal and unwarranted restraint of persons.

The main point is that where an application for a writ of habeas corpus to
the Supreme Court of the Union is made, the Court issues an order to the
authority responsible for arresting and imprisoning a citizen to appear
before the court and to explain why and under what provisions of the law
the arrest and imprisonment has been made.

If the Supreme Court has original jurisdiction, a relative of the arrested
citizen is allowed to make the application for a writ of habeas corpus.

MANDAMUS

A writ of mandamus is an order that relates to the performance of legal
duties and is issued to lower courts or to persons responsible for the
performance of that duty.

The Supreme Court issues this writ of mandamus ordering a public official
or body or a lower court to perform a specific legal duty relating to
public matters.

If a people's parliament, or a state parliament, or a divisional parliament
or other governmental body fails to perform a duty that is required by law,
a citizen can be make an application for the issue of such a writ.

WRIT OF PROHIBITION

A writ of prohibition is intended to apply to administrative bodies over
which the Supreme Court has no jurisdiction or any individual that makes or
passes an order or decision without the authority so to do and which
adversely affects the rights of a citizen. The writ will prohibit them from
implementing such orders.

This means that by a writ of prohibition, excesses of authority exercised
by inferior courts can be prohibited. In a way this is applied for to
prohibit and correct past excesses of authority.

QUO WARRANTO

A Quo Warranto writ is applied for by an individual for the examination of
matters related to the appointment or the election for a position.

This is a method by which necessary correction can be made to protect any
infringement of a citizen's rights through the abuse and excesses exercised
by those in authority.

CERTIORARI

The writ of certiorari is an order calling for the transcript of the
proceeding of a case in a lower court for review by a superior court.

The Supreme Court of the Union has the power to call for the proceedings of
any lower court and to examine if the ruling therein is in accordance with
the provisions of law and to review and alter any wrong decision. Some
lower courts fail to exercise the jurisdiction they have or exceeded the
limits of their jurisdiction either through loss of memory or a
misinterpretation of the law. In such cases, the Supreme Court of the Union
may pass any decision it sees fit so to do.

In addition, the courts and other quasi-judicial bodies, governmental
officials and others who are empowered to act in matters affecting the
rights of citizens must be subject to the supervisory jurisdiction of the
Supreme Court and the process by which this is exercised is by way of a
writ of certiorari. 

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AUSTRALIAN NEWS NETWORK: GENERAL TRIES THE PARTY LINE 
22 October, 1998 

BURMA'S powerful intelligence chief, Khin Nyunt, has formed a new political
committee, provoking speculation he might next move to establish a
government political party.

This could also indicate Burma's State Peace and Development Council regime
is planning a 1999 election, says leading Burma-watcher Dr Chaichok
Julsiriwong of Bangkok's Chulalongkorn University.

The committee, dominated by Lieutenant-General Khin Nyunt's allies, is seen
by analysts as a move to consolidate his management of the regime's
struggle with Aung San Suu Kyi's National League for Democracy and to speed
progress towards a new, though still military-dominated, political system.

Diplomats say General Khin Nyunt, SPDC first secretary and head of the
Directorate of Defence Services Intelligence, has strengthened his position
as the regime's leading pragmatist by his relatively adroit handling of Ms
Suu Kyi's latest anti-government campaign.

After provoking international wrath in July by initial rough handling of Ms
Suu Kyi and the charging of 18 foreign democracy activists, the SPDC
appears to have controlled a volatile situation without the violent
confrontations that accompanied the NLD's previous challenge in 1996.

However, diplomatic sources say General Khin Nyunt still needs to
consolidate his position within the SPDC, especially in the event of a
power struggle after the passing of his now-frail patron, 87-year-old
former strongman leader Ne Win.

General Ne Win, who recently returned from medical treatment in Singapore,
is said to still exert influence over the senior SPDC generals - Chairman
and Prime Minister Than Shwe, and Vice-Chairman Maung Aye and General Khin
Nyunt. Though General Than Shwe has seniority in both the SPDC and Cabinet,
competition for long-term leadership is between generals Maung Aye and Khin
Nyunt.

A senior military official told The Australian this week the new committee
under General Khin Nyunt's chairmanship "was formed to support the SPDC in
formulating policies by doing research and analysis in political affairs
that will be of interest to the nation".

However Chao-Tzang Yawnghe, of the University of British Columbia, says the
committee is the most significant development since the former State Law
and Order Council was replaced in November with a structure that separated
the SPDC military leadership - apart from General Than Shwe - from Cabinet.

He says the committee gives General Khin Nyunt a position of independent
political authority from which he can co-opt non-military and ethnic groups
and former oppositionists into a pro-government front to outflank Ms Suu
Kyi and the NLD. [BurmaNet Editor's Note: For more of Chao-Tzang Yawnghe's
comments on this issue, see The BurmaNet News #1120, 19 October, 1998.]

The regime refused to accept an overwhelming NLD win in the 1990 People's
Assembly elections. But it has repeatedly promised to introduce
"multi-party democracy" once internal conditions are stable and a new
constitution, that maintains the military's pre-eminent position, has been
passed in a National Convention.

Though the convention has not met since 1996, a steering group is said to
be close to completing "basic detailed guidelines" on the outstanding
chapters. "The (policy committee) could mean that the junta is preparing to
set up a political party and at the same time to accelerate the
constitution drafting process," says Chao-Tzang Yawnghwe.

Dr Chaichok says the political committee is part of a process by which
General Khun Nyunt is trying to steer the regime towards "a more normal
political character" and at the same time bolster his own leadership claims. 

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THE BANGKOK POST: BUT WHAT ABOUT THE JAILED BURMESE? 
21 October, 1998 by Navnant Singh Doowa 

Letter to the Editor

I've been reading about how concerned everybody is about Mr Anwar Ibrahim's
well being. The Americans and the people at the World Bank (Americans) and
the IMF (Americans), along with our highly respected actor president of the
Philippines, Mr Joseph Estrada, have been the most outspoken regarding the
health of their "friend" under custody.

Fine, Mr Anwar deserves a fair trial as well as just treatment while
awaiting trial. The people responsible for his black eye should be held
accountable for their actions. Mr Anwar's human rights should not be violated.

But, Mr Estrada, what about a Maung Maung Win or an Aung Saw rotting in one
of Burma's notorious prisons? Where are their human rights when not only
them but hundreds more like them are being tortured day in and day out by
the people working for the Burmese military government?

Is it just because you don't know them or because they are not your
"friends" that you do not speak to their captors the same way you speak to
Dr Mahathir?

Don't get me wrong here, I do not condone Dr Mahathir's handling of Mr
Anwar's case and his use of the Internal Security Act (ISA) earlier. This
shall always leave a black mark on his biography, although I fully support
his handling of his country's economic policy and his courage in standing
up to Western cultural and economic imperialism.

It is comforting to know that Mr Anwar is no longer being held under the
ISA, but what about the people in the Burmese prisons like Insein whose
sole reason for being in there was because they supported Aung San Suu Kyi
or the NLD who happen to be legally and morally elected by the Burmese people?

I wonder if President Estrada and leaders like him can sacrifice a little
of their cooking time and work on putting real pressure on the present
rulers of Burma to see to the human rights violations in their country.

Mr Anwar has been and is and will be much more comfortable than the Burmese
political prisoners whether the Burmese government admits to them [sic] or
not.

In fact, where was Mr Anwar himself when he, along with Dr Mahathir and the
great leaders of Asean, admitted Burma into their fold? Could this be a
case of karma for all our leaders today to study?

Navnant Singh Doowa

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AFP: INDIAN REBELS FLOOD BURMESE MARKETS WITH FAKE MONEY 
18 October, 1998 

MOREH, India, Oct 18 (AFP) -- Indian separatist guerrillas have been
flooding markets in neighbouring Myanmar [Burma] with counterfeit currency
to buy a host of things including weapons, a senior border official told
AFP here Sunday.

N. Pradhan, deputy inspector general of police of the far-eastern state of
Manipur, said the rebels were printing fake 100 rupees (2.3 dollars) notes
and 500 rupees and using them in a free trade frontier zone.

"These militants could be using them to buy weapons from gun-runners," he
said, adding that Myanmar businessmen had officially complained about the
fake money.

Trade between the two countries was opened in 1995.  Under the treaty,
traders from both sides can openly do business in select border towns. The
Indian rupee is accepted by Myanmarese traders while the kyat is accepted
by Indian businessmen.  The currencies are converted into local money by
banks.

An Indian trader said the phenomenon was affecting his business.

"The Burmese traders have begun to suspect all of us.  They have started
refusing to accept our notes," automobile parts merchant Gopi Chander said.

Defence authorities said raids in Manipur over the past three weeks had
unearthed 1,600 dollars worth of counterfeit money, adding eight people,
most of them separatist rebels, had been arrested. The Indo-Myanmarese
border is also notorious for drug trafficking.

India's remote north-east, comprising Manipur and six other states, is home
to several separatist campaigns which have claimed several thousand lives.

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THE NATION: BURMA BIDS TO HELP ITS NEIGHBORS 
20 October, 1998 

AFP

RANGOON - Burma's ruling military has urged farmers to boost agricultural
production to help other Southeast Asian nations who are facing food
shortages, a report said yesterday.

The state-run New Light of Myanmar daily quoted junta first secretary Lt
Gen Khin Nyunt as telling farmers in the southern part of Burma to increase
their output.

"The government is doing so not because it is confronting difficulties in
food sufficiency but because some South East Asian nations are facing the
problem of food shortages ... as a result of the financial crisis," the
general said.

"We are trying to boost agricultural production to extend help to them with
a humanitarian spirit, he added, without specifying which countries
required help.

Khin Nyunt also urged local entrepreneurs to cooperate with the junta in
helping to develop the nation's economy, and warned against the danger of
"neo-colonialist" forces trying to topple the government.

"The government has been employing gentle methods to prevent undue
incidents ... but will take appropriate measures in the interest of the
nation and the entire public if things go too far," he said.

Such statements are usually understood to be aimed at the opposition
National League for Democracy (NLD) led by Nobel peace laureate Aung San
Suu Kyi, who is married to a Briton.

The NLD says some 967 of its members have been detained in recent months,
including 203 members of the parliament elected in 1990 polls which the
NLD-led opposition won by a landslide.

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THE BANGKOK POST: BURMA GETS MALARIA AID 
20 October, 1998 

TAK

INSECTICIDES AND DRUGS HANDED OVER AT BORDER

Thailand has handed drugs and pesticides to Burma in an attempt to
eradicate malaria from border areas.

The nine-million-baht gift was made yesterday with a first batch of 38.5
tonnes of insecticides and quinine being donated. Further hand-overs will
take place at border points in Chiang Rai, Kanchanaburi and Ranong.

The Tak hand-over was witnessed by Communicable Disease Control
director-general, Yuth Potharamik, and Burmese Malaria control project
director, Soe Aung.

The Thai cabinet agreed to pick up the tab following a World Health
Organisation request to the Public Health Ministry.

Mr Soe Aung said the medicine and pesticide will go to Kaya, Karen and Mon
states where malaria is widespread.

He said the Burmese government is concerned at the spread of malaria and
other insect-borne diseases along the Thai-Burmese border.

Health officials say the number of people in Mae Hong Son, Tak and
Kanchanaburi suffering from malaria is on the rise.

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REUTERS: WTO SETS UP DISPUTE PANEL ON MASSACHUSETTS LAW ON MYANMAR 
21 October, 1998 by Stephanie Nebehay 

GENEVA (Reuters) - A Massachusetts law targeting foreign companies
investing in Myanmar will be examined by a panel created Wednesday by the
World Trade Organization's dispute settlement body in response to
complaints by Japan and the European Union.

The EU and Japan argue that Massachusetts application of a ``pricing
penalty,'' an effective tax, on goods and services offered to the state by
foreign companies doing business in the junta-ruled former Burma breaks WTO
rules on government procurement.

U.S. Ambassador Rita Hayes, expressed regret the two trading powers had
taken the step at the closed-door talks and cited human rights grounds to
justify the first-in-the-nation law.

``The U.S. will defend this measure,'' she told reporters.

``We regretted that the EU and Japan have taken the step of requesting a
panel given the strong interest all three parties have in improving the
human rights situation in Burma.

``The U.S. remains concerned about the extensive abuses of human rights by
the SLORC regime in Burma, which has been internationally condemned,'' the
U.S. trade envoy added.

She was referring to the ruling State Law and Order Restoration Council,
which has ignored the results of a May 1990 general election won by the
opposition National League for Democracy (NLD), which is led by Nobel
laureate Aung Suu Kyi.

The panel was automatically established under rules of the 132-member WTO
because it was a second request to examine the Massachusetts law.
Washington blocked the previous bid on Sept. 22.

The three-member panel will have six months to decide if Massachusett's
action contravenes or is consistent with WTO rules.

Hayes said the European Parliament last month approved a resolution calling
on the European Commission to impose economic sanctions that would end all
trade, tourism and investment in Myanmar. She said the text also criticized
the commission decision to insist on creation of a WTO panel on the U.S. law.

In addition, the International Federation of Chemical, Energy, Mine and
General Workers Unions -- representing more than 20 million workers in the
15 EU member nations -- has called on EU Trade Commissioner Sir Leon
Brittan to sever all trading links with Myanmar until democracy was
restored, according to Hayes.

``It is unfortunate that the EC chose to ignore the requests of the
European Parliament and one of the largest EC workers' unions and have
continued to pursue this dispute to a panel,'' Hayes said.

European Union foreign ministers said earlier this month that they were
weighing tougher measures against the Myanmar leadership in view of a
deteriorating rights situation.

By Oct. 29, they are due to renew a two-year-old sanctions policy, which
now consists of a ban on visas to the Burmese leadership and suspension of
high-level government visits and an arms embargo.

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