BURMA: PINHEIRO FRUSTRATED, BUT DETERMINED TO

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
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