US embassy cable - 04RANGOON882

C O N F I D E N T I A L SECTION 01 OF 03 RANGOON 000882 
 
SIPDIS 
 
STATE FOR EAP/BCLTV; PACOM FOR FPA 
 
E.O. 12958: DECL: 07/11/2014 
TAGS: PREL, PGOV, PHUM, SNAR, BM, National Convention, NLD, Human Rights 
SUBJECT: SENIOR GOB OFFICIAL DISCUSSES TIP AND DRUG ISSUES, 
THE NLD, AND THE NATIONAL CONVENTION 
 
 
Classified By: COM Carmen Martinez for Reasons 1.4 (b,d) 
 
1. (C) Summary:  Minister of Home Affairs Colonel Tin Hlaing 
says that while the SPDC gives "regular" consideration to 
releasing ASSK, the GOB will not repeat a 1995 "mistake" of 
freeing the NLD leader that led to the collapse of the 
National Convention.  The Minister, while cordial, criticized 
our recent TIP report on Burma, dismissed concerns over 
forced labor, cited unspecified progress in fighting 
corruption, and underscored GOB expectations that the UWSA 
will cease poppy cultivation in 2005.  The COM urged greater 
dialogue on TIP issues, called for an unambiguous statement 
on the free association of Burmese citizens with the ILO, and 
pressed for the release of ASSK and U Tin Oo.  End Summary. 
 
2. (U) On July 9 COM and P/E chief called on the Minister for 
Home Affairs, Colonel Tin Hlaing, and exchanged views on a 
variety of human and drug trafficking issues as well as 
Burma's National Convention.  On June 16 COM had provided 
several relevant GOB and SPDC officials with copies of the 
annual TIP report and requested an opportunity to discuss 
trafficking issues.  To date, Tin Hlaing is the only senior 
official to respond to our request. 
 
TIP: Tears at Tier 3 
-------------------- 
 
3. (SBU) Col Tin Hlaing said he was "greatly discouraged" to 
read the TIP report on Burma, complaining that the 
conclusions were biased and that the global report had placed 
too much emphasis on countries of origin.  He lamented that 
Burma remained a Tier 3 country while numerous countries with 
inferior plans of action and legislative efforts had earned 
Tier 2 rankings. 
 
4. (C) Tin Hlaing said that the GOB had prepared, with PM 
Khin Nyunt's blessing, a new law on human trafficking. 
However, UN agencies had advised the GOB not to issue the new 
legislation before allowing experts to review and comment. 
Tin Hlaing said that the GOB had "hastily" issued money 
laundering legislation last year and was now facing "hiccups" 
with FATF and the international community.  Therefore, 
according to the Minister, the GOB plans to "go slow" on the 
trafficking legislation, but will have the new law in place 
by October when Burma hosts a regional "Inter-Ministerial, 
Inter-Country Consultation on Human Trafficking." 
 
5. (SBU) The COM observed that while the GOB had improved 
cooperation with UN agencies and NGOs, Burma's Tier 3 
designation was primarily a result of forced labor practices. 
 The COM also noted that although the GOB had issued a 
comprehensive statement on June 26 detailing trafficking 
convictions and sentences, this information was provided too 
late for the TIP report--more than a week after publication 
of the report and months after initial Embassy requests for 
updates on TIP-related actions.  "You can't give us too much 
information," the COM said, urging Tin Hlaing to strive for 
greater dialogue with the USG on trafficking issues. 
 
Clarify the ILO Issue 
--------------------- 
 
6. (C) Minister Tin Hlaing alleged that the practice of 
forced labor had declined considerably in Burma in the 
absence of major military offensives against ethnic insurgent 
groups.  He claimed that the Burmese Army (BA) is training 
battalions to use pack animals instead of humans and the BA 
is also constructing roads to remote border areas, thereby 
reducing the need for forced portering.  He also said that 
the GOB held a weekly meeting at the Ministry of Defense to 
review child soldier issues and had recently invited UNICEF 
to visit and inspect army recruitment centers. 
 
7. (C) The COM observed that the GOB's poor human rights and 
labor practices had delayed implementation of the ILO's Plan 
of Action.  She raised the recent case of three individuals 
convicted of treason for having contact with the ILO and 
urged the GOB to issue a statement clarifying that 
association with the ILO is not a punishable act.  Tin Hlaing 
claimed that the judge in the ILO case had made an "error," 
but that the courts had subsequently reduced the sentences 
and excluded mention of the ILO.  The COM pressed back and 
said that reducing the death sentences did not address the 
larger problem that contact by Burmese citizens with the ILO 
was understood to be a criminal offense.  "You must clarify 
this issue with an unambiguous public statement," urged the 
COM. 
 
Drugs: Shortcomings and Goings 
------------------------------ 
 
8. (SBU) The COM raised a recent GOB announcement regarding 
supervision of controlled precursor chemicals.  Minister Tin 
Hlaing said that a law on precursor chemicals is already in 
place, but explained that his Ministry had recently issued 
related guidelines to improve implementation.  He said that, 
given recent success in reducing poppy cultivation and opium 
production, the GOB now placed greater emphasis on stimulants 
(ATS) and precursor chemicals. 
 
9. (C) The COM asked Tin Hlaing about the GOB's reaction 
should the United Wa State Army (UWSA) not adhere to its 
deadline to cease poppy cultivation in 2005.  The Minister 
grew defensive and declared that the Wa would keep their word 
and the GOB fully expected cultivation to end by September 
2005.  He said the GOB's most significant concern was that 
drug syndicates would continue to operate along the border 
area, with a greater focus on ATS.  In this regard, Burma 
hoped to achieve improved cooperation with China and Thailand 
on counter-ATS activities. 
 
10. (C) We noted to Tin Hlaing that Burma has made gains in 
reducing poppy cultivation and establishing drug-related laws 
and regulations, adding that we hoped to repeat a successful 
joint opium yield survey again in 2005.  However, we told the 
Minister, the GOB needed to address significant shortcomings 
in combating corruption and enforcing existing 
narcotics-related legislation--including taking action 
against drug kingpins such as Wei Hsueh Kang.  Tin Hlaing 
claimed, but did not offer details, that the GOB had taken 
"serious action" against corruption, including the recent 
arrest of Bao Yu Yi, the notorious younger brother of UWSA 
leader Bao Yu Chen (Note: To our knowledge, the GOB played no 
role in the arrest.  End note).  Tin Hlaing also claimed that 
the GOB could do nothing about Wei Hsueh Kang "because he is 
no longer in the country." 
 
National Conventioneers Take a Break 
------------------------------------ 
 
11. (C) Tin Hlaing said that the National Convention had 
adjourned on July 9 because "delegates need a break after two 
months of exchanging views," but would reconvene in October 
or November.  COM asked if there was a possibility for the 
NLD to participate when the NC reconvened and Tin Hlaing 
replied, "we would consider such a request, because we don't 
want them entirely out of the process." 
 
12. (C) COM pressed for the release of NLD leaders ASSK and U 
Tin Oo, observing that Tin Hlaing has previously told her, 
the COM, that he "doesn't like putting Burmese people into 
jail."  The Minister replied that the SPDC gives serious 
consideration to releasing the two NLD leaders and regularly 
discusses international community views on this issue. 
However, he added, "we must consider internal implications 
(of their release).  We will not repeat our mistake (of 1995) 
when we released ASSK and delegates subsequently withdrew 
from the National Convention (leading to the collapse of the 
Convention)." 
 
Comment 
------- 
 
13. (C)  We are hopeful that Tin Hlaing's response to our 
request for a discussion on TIP issues may lead to a more 
regular dialogue at senior GOB levels on human and drug 
trafficking.  Nonetheless, the paltry efforts to rectify 
problems associated with the ILO cases, as well as the tardy 
June 26 clarification provided on TIP actions, give us every 
indication that the GOB's modus operandi will continue to be 
"too little, too late" on many of these issues. 
 
14. (C) Tin Hlaing played a key role in negotiations with 
ASSK leading up to the reconvening of the National Convention 
in May and has first-hand knowledge of the various 
compromises that the NLD was willing to make in order to join 
the Convention process.  However, he also knows that SPDC 
Chairman Than Shwe nixed an arrangement leading to ASSK's 
release.  Tin Hlaing's observations that the SPDC will not 
repeat the 1995 "mistake" underscores that the regime likely 
intends to keep ASSK and U Tin Oo under house arrest for the 
foreseeable future.  End Comment. 
Martinez