Wednesday, August 31, 2011

Presidential adviser discusses amnesty for Burmese exiles

(Interview) – Burmese President Thein Sein recently encouraged Burmese exiles to return home. One of his presidential advisers  says Parliament will pass a bill to implement the offer. Mizzima correspondent Tun Tun asked Ko Ko Hlaing, a presidential adviser, how the amnesty offer will work. Ko Ko Hlaing explained that all exiles could return and no one would be punished except people who have committed criminal offenses, and he described other aspects of the bill to be introduced in Parliament.

Burmese President Thein Sein, here shown in traditional dress in Parliament, has invited exiles to return home. A bill to enact the offer will be introduced in Parliament. Photo: Mizzima
Burmese President Thein Sein, here shown in traditional dress in Parliament, has invited exiles to return home. A bill to enact the offer will be introduced in Parliament. Photo: Mizzima

Question: How will this amnesty offer for exiles work?

Answer: As far as I know, no one will be punished except people who committed “personal offences” against someone such as murder, robbery or physical assault and so on. Except for punishing people who committed crimes against someone, the government will not punish exiles. The details will be disclosed when the law is officially approved in Parliament. They are arranging to put forward that bill. You will know the details when the bill has been brought before Parliament. Then, they will debate and vote on the bill.

Q: So the only penalties will concern people who committed crimes against someone?

A: Yes. The reason is that the nation cannot forgive a person who harmed someone, because there is a person who has suffered. The nation cannot pardon those culprits. Otherwise, the other side will accuse the government of bias. For rebelling against the nation such as membership in an illegal association or joining rebels and so on, some criminal cases are unavoidable. But former amnesties forgave all of those kinds of people if they didn’t commit criminal crimes.

Even insurgents were forgiven. So, there is no reason not to forgive others.

Q: For example, how would the All Burma Students' Democratic Front and ethnic armed groups be treated?

A: If they lay down their arms, the government is ready to grant amnesty. If they want to return to the legal fold immediately, they will be accepted immediately. Regarding the killing of soldiers during fighting, fighting is an armed conflict. The army will shoot rebels. Rebels will attack the army. There are such cases in every country.

But, there is one exception. If someone killed villagers after alleging that they [villagers] gave information to the army….for instance, the case in Sinzwe Village, we cannot forgive those kinds of cases.

Q: Do you mean that they would be punished in accordance with the current laws?

A: If they committed crimes against villagers, those will be exceptional cases. Mutual shootings between armed groups are usual. Armed groups have the right to shot each other. They have the right to protect themselves. For villagers, they are not armed to protect themselves. In the past, “Red Flag Communist” led by Thakhin Soe [now deceased] killed all the villagers of Sinzwe Village.

Now, for instance, on some occasions, the SSA and some armed groups killed female teachers. In those cases, they will receive the punishment they deserve, and then they will be free.

Q: Does the government have a plan about how to reintroduce exiles back into the country?

A: I don’t know exactly because I’m neither a member of the government nor an MP. I think that the government will plan to resettle them in Burma and so on. The administrative bodies will do the necessary things after the amnesty, I think.

Q: In your opinion, how soon could the law to bring back exiles be passed and ready to implement?

A: Now parliament is beginning to work on this. Parliament will put up the bill. The bill will be debated and amended in one house first. Then if the house approves the bill, it will be submitted to the other house. If both houses approve the bill, it will be forwarded to the president. When the president signs the bill, it can be enforced as a law. I don’t know how long the process will take. That depends on the Parliament.

Q: Some people have criticized the offer and expressed distrust of the government. How will you overcome such doubts?

A: Nothing [no description] can be as transparent and strong as a law. If laws are passed and enforced, nothing can be better than that. Do you agree?”

Q: So, we have to wait and see the law.

A: Laws govern each country. We need to do everything in accordance with the law, so everyone, from the president to ordinary staff, must obey the laws. There is no better guarantee than enforcing the laws.

Q: Some observers have alleged that the government has made this offer because it wants to chair Asean in 2014. How do you respond to such charges?

A: Whether we can chair Asean or not, they [the exiles] are Burmese citizens. I will work for the sake of the people and the nation. We work together for everyone’s sake. Some people in foreign countries are criticizing the offer based on their own views. They can criticize in various ways. But our good intentions will be obvious later because of our actions.

If we invite exiles to return to Burma just to show off, they can criticize us for being fake. If our invitation is genuine, the people will recognize that and then believe the offer is real.

Src   :  Mizzima

Burmese Parliament rejects motion to repeal Emergency Provisions Act

Chiang Mai (Mizzima) – A motion in the Burmese Lower House to repeal the 1950 Emergency Provisions Act, which is used to imprison democracy activists has been overwhelmingly rejected by the majority opposition dominated by the Union Solidarity and Development Party.

Only 7 MPs supported the motion made by New Democracy Party MP Thein Nyunt. The motion was voted down by 220 USDP MPs; 99 military-appointed MPs; 16 MPs from the National Unity Party (NUP) and other smaller-party MPs. Forty-one MPs abstained.

A joint session of the Burmese Parliament in Naypyitaw, the capital. Photo: Mizzima
A joint session of the Burmese Parliament in Naypyitaw, the capital. Photo: Mizzima

Voting in favour on Monday were Dr. Than Win and Khaing Khing Maung Yee from the National Democratic Force; Nan Wah Nu from the Shan Nationalities Development Party; Thein Nyunt and Kyi Myint from the New Democracy Party, Zar Telem from the Chin National Party and Myint Than from the All Mon Region Democracy Party.

MPs who rose to speak against the motion were USDP members Than Oo from the Myawaddy constituency; Aung Kyaw Soe from the Natmauk constituency; Soe Paing from the Wuntho constituency; and Zaung Khaung from the Hsawlaw constituency.

In speaking against the motion, Thein Oo argued that the law should be in force because insurgency was still taking place, referring to recent fighting between the Democratic Karen Buddhist Army (DKBA) and government troops.

USDP MP Zaung Khaung said the Emergency Provisions Act was essential to the country, citing recent fighting between the Kachin Independence Organization (KIO) and government troops.

The late Prime Minister U Nu enacted the emergency act two years after Burma regained independence in 1948, to be used for suppression of the civil war. The law says that those who obstruct or delay the performance of duty by the armed forces or police force or those who intend or act to undermine the stability in the government can receive up to life in prison term or capital punishment.

“We are not in a state of emergency. So this law is irrelevant in the current time,” said Khaing Khin Maung Yee, who supported the motion.

According to the figures released by the exile-based Assistance Association of Political Prisoners-Burma (AAPP-B), out of a total of 1,995 political prisoners 500 prisoners were charged and imprisoned under the Emergency Provisions Act.

According to parliamentary procedures, a motion must be seconded and moved by at least one MP for deliberation in the house.

In other Lower House business:

––USDP MP Soe Thar moved a motion to explore ways to help business enterprises which have been struggling as a result of the falling US dollar. MP Nyi Nyi seconded the motion and it will be brought up for deliberation at a later date.

––Former Minister of National Planning and Economic Development Soe Thar told MPs that there was an increase of import volume by 78 per cent in the 2010-11 fiscal year and there was a trade deficit of 796 million kyat (US$1.1 million), decreasing export values and volume of rice, pulses and beans, and fish in moving his motion.

––USDP MP Maung Maung Thein from the Kayan constituency made a motion to exempt income tax on interest earned by treasury bills issued by the government. The motion was seconded by MP Nan Wah Nu from the Kunhing constituency and the motion will be deliberated at a later date. House Speaker Thura Shwe Mahn urged the lawmakers to consult with the Finance and Revenue Ministry and Parliament Bills Committee regarding their motion.

The sessions of the lower and upper houses concluded at 3 p.m. There will be a joint session of Parliament on September 5.


Src  : Mizzima