PINHEIRO SUSPENDS MISSION TO PROTEST GOVERNMENT

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
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