US embassy cable - 03RANGOON1410

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 001410 
 
SIPDIS 
 
STATE ALSO FOR EAP/BCLTV; TREASURY FOR OASIA JEFF NEIL; 
USPACOM FOR FPA 
 
E.O. 12958: DECL: 11/03/2013 
TAGS: PHUM, PREL, PGOV, BM, Human Rights 
SUBJECT: BURMA: PINHEIRO FRUSTRATED, BUT DETERMINED TO 
ADDRESS HUMAN RIGHTS ABUSES 
 
Classified By: COM Carmen Martinez for Reasons 1.5 (B,D) 
 
1. (C) Summary: U.N. human rights envoy Pinheiro has kicked 
off an ambitious week in Burma during which he hopes to 
secure: the release of ASSK and all NLD members detained 
since the May 30 attack; an agreement to conduct an 
assessment of the attack; the reopening of political party 
offices; amnesty for all remaining political prisoners; and 
movement on an assessment mission on the military rapes in 
Shan State.  Pinheiro is frustrated by the "linguistic 
contortions" of a government that has been uncooperative and 
by a regime that is responsible for a particularly egregious 
year of human rights abuses.  Nonetheless, the human rights 
envoy is determined to press ahead.  We admire his tenacity, 
but there are no signs the regime intends to make any 
concessions in the short term.  End Summary. 
 
2. (SBU) UNCHR Human Rights Special Rapporteur Paulo Sergio 
Pinheiro called on the Chief of Mission on November 3 at the 
beginning of a week-long mission to Burma.  Pinheiro's 
current visit to Burma is his first since he cut short an 
investigative mission in March upon discovering an electronic 
listening device during a "confidential" interview with a 
political prisoner.  Pinheiro was accompanied by two 
Geneva-based UNCHR Associate Human Rights Officers, Hulan 
Tsedev and Federila Donati. 
 
SIPDIS 
 
3. (C) Pinheiro said that he had hoped to make a longer visit 
to Burma in order to collect appropriate information for his 
next report to the U.N. Commission on Human Rights, due on 
November 12.  Despite the short window of opportunity 
provided by the regime, the human rights envoy said he had a 
full schedule that included meetings with Prime Minister 
General Khin Nyunt, Minister of Home Affairs Col. Tin Hlaing, 
SPDC Secretary-2 Lt-Gen Thein Sein, and Deputy Foreign 
Minister U Khin Maung Win.  Pinheiro said he would visit 
political prisoners and had also requested meetings with Aung 
San Suu Kyi (ASSK) and other members of the NLD Central 
Executive Committee under house arrest in Rangoon.  (Note: 
Pinheiro will probably not see U Tin Oo, who is imprisoned in 
remote Sagaing Division, or U Lwin, whom the SPDC allowed to 
travel to Mandalay on October 31 to see his dying son, who 
passed away on November 1.  End note). 
 
4. (C) Pinheiro said that during his past missions to Burma 
he had been frustrated by "ritual" meetings with the GOB that 
lacked any real substance.  As a result, for his current 
visit he had provided the GOB with advance talking points 
which he hoped would generate a genuine dialogue, if not 
concessions on the part of the regime.  His ambitious goals 
for the current mission include: the immediate release of all 
those arrested or deprived of liberty in connection with the 
May 30 incident; an agreement on his proposal to conduct an 
assessment of the May 30 attack; the opening and reopening of 
all political party offices; consideration of the modalities 
for the amnesty of all remaining political prisoners; an 
agreement on the modalities and the timing of a Shan State 
(military rapes) assessment; and for the regime to reaffirm 
its commitment to establish a National Human Rights 
Institution according to the Paris Principles. 
 
5. (C) The human rights envoy said he was also extremely 
frustrated by the regime's inability to offer any compromises 
or to implement any of his many recommendations.  "I can't 
continue like this," said Pinheiro, adding that he had 
previously recommended to the regime, without success, the 
immediate and unconditional release of all political 
prisoners, a cessation of arbitrary arrests, the lifting of 
restrictions on the political parties, and various 
legislative and judicial reforms.  He said the regime's 
description of ASSK's five-month prison detention and house 
arrest as "protective custody" was simply another example of 
"linguistic contortions" that underscored the SPDC's 
inability to adopt international norms with regard to human 
rights. 
 
6. (C) In response to Pinheiro's inquiry about USG 
expectations, we said that new sanctions were indicative of 
U.S. sentiment toward the regime.  Although Washington might 
publicly welcome the release of ASSK and the rest of the NLD 
leadership, the U.S. would continue to press hard for the 
release of all political prisoners and would, absent concrete 
steps toward a transition to democracy, maintain sanctions. 
We also shared with Pinheiro and his delegation our views on 
the current human rights situation, drawing the U.N. team's 
attention to forced participation in USDA mass rallies to 
support the regime's "roadmap to democracy;" pressure on 
civil servants and citizens to join newly created people's 
militia; and the arrest and detention of NLD supporters who 
provided logistical support for ASSK's 2002-2003 upcountry 
travels.  We provided Pinheiro with a sanitized report of the 
May 30 attack and photographs of the attack site and injuries 
sustained by eye-witnesses. 
 
7. (C) Comment: Pinheiro, though frustrated, expressed 
determination to fulfill his mandate and undertake all 
possible measures to improve Burma's deplorable human rights 
situation.  He admitted that it has been a "very bad year" 
for human rights abuses and he was visibly moved when he 
described his encounters with victims and eye-witnesses to 
the May 30 premeditated assault on ASSK and her convoy.  We 
are supportive of his creative approach in giving the GOB 
something to chew on before he meets with senior officials 
this week.  However, we do not expect the regime to be very 
forthcoming on any of his fundamental objectives.  End 
comment. 
Martinez