US embassy cable - 03RANGOON377

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000377 
 
SIPDIS 
 
STATE FOR EAP AND DRL 
CDR USPACOM FOR FPA 
 
E.O. 12958: DECL: 03/24/2013 
TAGS: PHUM, PGOV, BM, Human Rights 
SUBJECT: PINHEIRO SUSPENDS MISSION TO PROTEST GOVERNMENT 
EAVESDROPPING 
 
 
Classified By: COM Carmen Martinez.  Reason: 1.5 (d). 
 
1. (C) Summary: Pinheiro suspended his fifth mission to Burma 
on March 24 to protest a government eavesdropping incident at 
a supposedly confidential interview he conducted.  He will 
not return until he receives an explanation of the incident 
and a renewed government commitment to the guidelines for his 
missions.  On a more positive note, Pinheiro also reached 
agreement in principle on a UNHCR mission to Shan and Karen 
States to assess allegations of GOB violence against ethnic 
communities and the issue s of child soldiers and forced 
relocations.  Provided the detailed modalities for the 
mission can be worked out, and the GOB is able to meet 
Pinheiro's demands in regard to the eavesdropping incident, 
then he will return in May to complete his current mission 
and start the UNHCR assessment. End Summary. 
 
2. (C) UN Special Rapporteur for Human Rights Paulo Pinheiro 
had good and bad news for assembled diplomats on March 24. 
The bad news was that he will suspend his fifth mission to 
Burma two days early to protest government eavesdropping at a 
supposedly confidential interview in Insein prison on March 
22.  The good news is that he has reached agreement in 
principle with the GOB on a UNHCR mission to assessment 
allegations of rape and other government violence against 
ethnic minorities in Shan and Karen States, including the use 
of child soldiers and forced relocations. 
 
Eavesdropping Incident 
 
3. (C) The eavesdropping incident took place in a meeting 
room at Insein Prison on March 22.  According to Pinheiro, 
about one hour into a supposedly confidential interview he 
found a "wireless microphone" working below the table. 
Terming the instrument "amateurish," and "an example of 1940s 
technology," Pinheiro said that he found it hard to believe 
that any member of the SPDC's senior leadership had 
authorized the eavesdropping.  Nevertheless, the guidelines 
for his mission, including the complete confidentiality which 
is to be accorded all sources, is clear.  Consequently, he 
had no choice but to suspend his mission on the spot. 
Pinheiro added that he will not return until there is an 
acceptable explanation of the incident by the government, and 
a re-commitment by the government to all the guidelines for 
his mission. 
 
Assessment in Shan State 
 
4. (C) On a more positive note, Pinheiro said that he reached 
agreement in principle with Secretary 1 Khin Nyunt on March 
21 regarding a UNHCR assessment of the allegations of rape 
and other government violence against ethnic minorities in 
Shan and Karen States.  The exact modalities for the UNHCR 
assessment have to be worked out in negotiations with the 
SPDC's Brigadier General Than Tun and Deputy Foreign Minister 
Khin Maung Win.  However, Pinheiro indicated that mission's 
mandate would include allegations of forced relocations and 
the use of child soldiers, as well as allegations of rape. 
 
Political Prisoners 
 
5. (C) Pinheiro indicated that he did not make much progress 
in regard to political prisoners.  In fact, there appeared to 
have been some stiffening in the government position.  The 
government had provided the names and other identifying 
information on the 115 prisoners released last November, as 
well as the 48 released this year.  However, it continued to 
draw a distinction between prisoners who were members of 
political parties, and all other security detainees.  The GOB 
believes that only the former are political prisoners, while 
Pinheiro and the ICRC have been firm in asserting that all 
1,200 to 1,400 security detainees are political prisoners and 
should be released immediately.  The GOB was also cautious 
about commitments to new releases.  While they indicated that 
they would continue to release aged or sick prisoners on 
humanitarian grounds, they made no commitment about a general 
release of political prisoners. 
 
Political Dialogue 
 
6. (C) Finally, Pinheiro noted that the political dialogue 
between the National League for Democracy and the SPDC had 
fallen victim to mutual suspicions.  Each side accused the 
other of being insincere, almost in the same exact words, 
according to Pinheiro.  The SPDC in particular complained 
that the NLD had not responded to their gestures in releasing 
Aung San Suu Kyi and other political prisoners, allowing NLD 
offices to re-open and allowing senior NLD leaders to travel 
freely throughout Burma.  The NLD meanwhile continued to 
assert that there was no "real dialogue."  (Note:  Pinheiro 
told COM privately after the meeting that the GOB's claim 
that Brigadier General Than Tun has meet with ASSK ten times 
since the Special Rapporteur's visit in November was 
confirmed by ASSK.  However, ASSK said that the meetings had 
not resulted in any substantive dialogue. End Note.) 
 
7. (C) Pinheiro was also mildly sarcastic regarding Aung San 
Suu Kyi and the other NLD leaders.  They wasted, he said, one 
hour of his three-hour meeting with them on a pointless 
semantic debate regarding "principled engagement," a term he 
had used in his report.  He defended the concept, and said he 
would proceed as he described in the report, but nevertheless 
agreed to drop the use of the term, since the NLD found it 
offensive. 
 
Next Steps 
 
8. (C) According to Pinheiro, the ball is now in the SPDC's 
court.  It has "to demonstrate that it wants to continue" 
with the Special Rapporteur's visits.  That will require an 
explanation of the eavesdropping incident and guarantees 
against any further incidents like it.  In addition, Pinheiro 
said, it will be necessary to have agreement in detail very 
soon on the modalities for a UNHCR mission to Shan and Karen 
States (along with donor funding for the mission).  If those 
conditions could be met, Pinheiro said, he would definitely 
consider returning in May. 
Martinez