Views from Myanmar Anti-Narcotics Association (MANA) on the allegations against Myanmar

Introduction

The Union of Myanmar, utilizing the strength of its citizen of different national races, is striving towards a peaceful modern and developed nation where systematic democracy will prevail. Those external and internal opposition organizations who cannot bear to witness the process is now trying to obtain a resolution from ft United Nations Security Council to take action against Myanmar based on false allegations. Although these allegations come under the guise of much sought after terms like democracy and human rights, the main objective is to dissolve the present Government and to demolish the nation. We find that these accusations are being used only to create problems for the Government and the people entertaining doubts against it by those bewildered citizens.

Narcotic drugs suppression

Myanmar Anti-Narcotics Association (MANA) is a nongovernmental organization (NGO) working in close collaboration with the Central Committee for Drug Abuse Control to raise awareness on the dangers of drugs within the community, youth and students, most of the narcotic drugs suppression in initiatives are being under taken as a national cause here in Myanmar without much assistance from external sources and we have been witnessing successes in the field of enforcement during the years 2005 and 2006. Thus, we cannot understand how these external and internal opposition organization, together with some individuals, could turn a blind eye to the truth and kept oil accusing that the narcotic drugs suppression activities here in Myanmar have not reached to a satisfactory level.

Allegations

The "Presidential Determination" submitted to the United States Congress annually and declaration issued by the "Bureau for international Narcotics and Law Enforcement Affairs" of the State Department in the years 2003, 2004 and 2005 alleged that Myanmar,

(a) has failed to adhere its obligations under international counter narcotic agreements,

(b) is the second largest Producer of illicit opium;

(c) is not Controlling the increased ATS production effectively and is thus threatening, its neighboring countries with the dangers of these drugs;

(d) has been unable or unwilling to curb drug activities by the United Wa State Army and has failed to take action against (8) UWSA leaders which the US Government has launched federal indictments:

(e) has not effectively implemented the money laundering law promulgated since 2002 and;

(f) has not taken measures against the corrupted members of judiciary organizations, enforcement agencies and members of its armed forces

In a paper entitled "Threat to Peace" submitted by the former President of Czech Republic and Christian Bishop Desmond Tu Tu, the following were alleged in connection with narcotic drugs and HIV/AIDS problems connected to it:

(a) the claims for a decline in opium production in Myanmar since 2001 is mainly due to changing weather, soil conditions and shifting to new cultivated area,

(b) the increased production of ATS tablets for markets in Thailand is a factor that demonstrates that there is no decline In overall output of illicit drugs;

(d) publicly destroying seized drug caches are incomparable to the total volume of drugs being produced;

(e) it is not cooperating with drug eradication measures stipulated in international agreements and conventions;

(f) the forced relocation of Wa villagers from high land to low land areas may be one, of the reasons for the claimed decline in cultivation and production;

(g) military officers are receiving bribes and pay offs from UWSA involved in drug trafficking;

(h) the insurgent groups are the leading producers and traffickers before and are still continuing after signing agreement with the Government and this demonstrates Government 's involvement in the trade;

(i) money laundered from illicit drug trafficking is what keeping Myanmar ’s economy afloat;

(j) the prominent roles played by major drug loads in the Myanmar political arena and the fact that drug trafficking can still takes place under the military regim indicate the involvement of high Government officials;

(k) though the US Government has requested for Khun Sa extradition, Myanmar Government had not only refused to comply but has not make any investigation;

(l) in fact that drugs from Myanmar reaching to Thailand through sea routes is on the decline but is on The increase in reaching to India and China could be the work of the military regime;

(m) there is also an increase in number of drug users in Myanmar and although the Government estimate comes only around 90,000, UN and NGOs estimated to be around 0.4 to 0.5 million;

(n) it is frightening to learn that HIV prevalence rates among injecting drug users have reached up to 96% in some areas transmitted through their needle sharing habits;

(o) the HIV virus sub type C HIV-1 originated from Myanmar is now spreading towards Thailand , China and India ;

(p) rapes committed by HIV positive soldiers is the cause of the HIV spread in villages;

(q) the expanding commercial sex industry is another cause of rapid transmission and;

(r) although the international donors were willing to assist Myanmar in fighting against these diseases through the Global Fund mechanism,, the fact that the fund withdrew in August 2005 due to tight curtailments on travel and project activities showed Myanmar 's unwillingness to cooperate with international organizations.

Responses

As a non-Gove mental organization actively involved in the efforts to eliminate the abuse of narcotic drugs with the assistance of the Government, Myanmar Anti-Narcotic Association is in the full knowledge of the Government's quest for eliminating drugs.

There are historical evidences, since the days of Myanmar Monarchs in the past up to the present days, that the Union of Myanmar have pursued to eliminate drugs through issuance of various containing legislation systematically. Before 1988, destroying poppy fields and dissembling heroin production laboratories took in a form of military operations and even after 1988, we came to team through the book titled "Myanmar's Endeavours towards Elimination of Narcotic Drugs" issued by the Central Committee for Drug Abuse Control (CCDAC), that similar operations named "Mung Kyut" and "Bar Kyan" were launched to suppress drugs traffickers.

A new Ministry for Progress of Border Areas and National Races was formed in 1992 followed by a promulgation of Law on Progress of Border Areas and National Races in 1993 and since then, we know that there has been increased interventions for total elimination of poppy cultivation in the border areas. Through these efforts, special region no. (4) Mong La area in Eastern Shan State , special region no, (1) Kokant area and special region no. (2) Wa area were able to declare their regions as opium free zones in 1997, 2003 and 2005 respectively.

In addition, the Government has launched a fifteen-years drug Elimination Plan (I 999 - 2014) to be implemented in three five-year phases at an estimated cost of kyats 33588.14 millions and US dollars 150 million. As part of this Plan, a pilot project named "new destination" was also launched to initiate crop substitution programmes. From the inception of this project in 2002 April up to 2006 May, a total of 163720.61 kilos of poppy seeds surrendered voluntarily by farmers were burnt and destroyed on 13 occasions. According to the annual reports issued by CCDAC, this prevented poppy cultivation on 40573 hectares of land that can produce more than 441 tons of opium. In addition, activities to raise awareness not to cultivate poppy has been launched iii five States and Divisions under this Plan in conjunction with free distribution of crops and seeds to substitute poppy, livestock breeds that can thrive well in respective environment and food supplements including salt to those farmers who have given up poppy cultivation.

We also know that more than 29 tons of opium, 5 tons of heroin and 137 million ATS tablets confiscated through enforcement measures are being burnt and destroyed on 19 occasions in Yangon itself and on 39 occasions in other cities within the country. Other types of drug and precursor chemicals were also destroyed together.

Myanmar's comprehensive approach to eliminate narcotic drugs led to a marked decline in both poppy cultivation and opium production that was reported in United Nations Office on Drug and Crime (UNODC) annual report for 2005- It was stated that in 2001, 1097 tons of opium were produced from 105000 hectares of poppy cultivated but in 2002 only 828 tons were produced from 777000 hectares which showed a 28% decline in cultivated areas. Another 20% decline in cultivated areas was reported in 2003 where 810 tons were produced from 62200 hectares and in 2004, only 370 tons were produced from 44200 hectares which demonstrated another 29% decline in cultivated areas and 59% in production. A decline in another 26% of cultivated areas was reported for the year 2005 which totaled to 61% decline in cultivated areas within five years of intervention. Similarly, the report from US Counter Narcotics and Crime (CNC) compared cultivation and production in 1996 with 2004 statistics that showed 3088 poppy cultivated areas producing 292 tons of opium with a 89% decline in production during this period.

In the field of international cooperation, Myanmar has not only cooperated with its close neighboring countries like India, Bangladesh, China, Laos and Thailand but have also signed agreements of cooperation with other countries like Russia, Vietnam and the Philippines as well. 'there is also a Memorandum of Understanding between six Greater Mekong Sub-region countries for cooperation in the field of drug control and have adopted a Sub-regional Action Plan for practical interventions- Myanmar, as part of its drug elimination plan, has also put 25 different chemicals that are being used in the drug manufacturing process under strict control.

Some of the special achievements of Myanmar 's drug control efforts were highlighted in the presentation made by the Director General of Myanmar Police Force during the recent press conference in Kyaingtone where we also witnessed photographic evidence as well. Incidences like Soe San Zone operation where 592.5 kilos of heroin blocs were confiscated in Ye Township, Mon State during 2004, 102.5 kilos of ICE confiscated in Yangon through the joint information sharing efforts of CCDAC and the National Narcotics Control Commission - Yunnan Branch - of China in 2005 and confiscation of another 496 kilos of heroin blocks in 2005 are some of the achievements we came to learn during the conference. A record breaking case occurred in Tachileik in December 2005 where more than 14.9 million tablets of ATS, 50 kilos of heroin, 1000 kilos of brown opium, 28 kilos of black opium, different types of precursor chemicals and arms and ammunition were confiscated.

Myanmar is also cooperating with UNODC in the Global Illicit Crop Monitoring Programme where annual ground surveys on illicit crop cultivation are being verified by comparing with satellite imageries to produce actual dam CCDAC has been sharing these results annually with journalists from international news agencies and with members of the diplomatic community based here. The comparison of annual survey data clearly demonstrate a marked decline in both poppy cultivated areas and opium production. Thus, the allegations on the declines due to changing weather, soil condition and shifting cultivation areas are groundless as the ICMP surveys clearly demonstrate a straight decline during the five-years period. We cannot hide the fact that the decline, particularly in terms of cultivated areas, are simply due to increased enforcement measures that are taking place.

Myanmar is also being accused as the largest producer of amphetamine type substances (ATS), We cannot understand why the accusers do not know that Myanmar , as a developing country, is not in a position to produce precursor chemicals used in the manufacturing of ATS and are being smuggled in from neighboring countries. Most probably, in our view, they are only turning a blind eye to this situation. We have already established a strict control system for the use of such chemicals and are monitoring very closely on their exports or imports. Myanmar is also collaborating with neighboring countries on control of precursor chemicals used in drug manufacturing. The fact that in early 2006, Myanmar was able to confiscate a large haul of ATS, more than 15 million tablets, heroin, opium and associated equipment, arms and ammunition and was able to suppress high profile drug related crimes is a testimony to Myanmar's commitment towards eliminating both ATS and other narcotic drugs.

We see that CCDAC is also being accused of propagating successful drug control measure by burning the confiscated narcotic drugs in public when in reality, the volume burnt is incomparable to the total amount produced locally. This burning process is also practiced internationally as pan of commemorative events and in Myanmar , the main objective, as explained by CCDAC during these occasion, is to let the general public understand how committed and serious the Government is when it comes to drug control measures. To us, these accusations towards a cherished movement is nothing but a destructive element.

At the encouragement of the Government, we have seen 17 insurgency groups returning back to the legal folds, exchanging arms for peace since 1998 and have, been working in close cooperation with the Government in combating narcotic drugs. We know that the special regions of Mon- La, Kokant and Wa areas have already declared their regions to be opium free zones and through a rapid survey undertaken by UNODC in Wa area after their declaration, we came to learn that The area is indeed void of poppy cultivation. There is nobody above the law and it is proven now that no matter to which organization one belongs to, he/she will not b-t- spared from legal actions if they are form to be involved in narcotic business like in the case of Aik Pan, a member of Wa army from special region (2). He and his 49 followers found to be in possession of 496 kilos of heroin blocks have been taken effective legal actions and such allegation of the Government collaborating with Wa army in drug trafficking nothing but a camouflage to the truth.

There are also allegations towards non action from Myanmar's side against (8) members of the United Wa State Army whom the US Attorney's Office have accused of being part of a conspiracy to manufacture and distribute heroin- The accusations are based on evidences from 1980s and we know that the Government has declared, through various Press conferences, that they are ready to take action against anybody who are found to be involved in narcotic business if the now found evidence are solid. The present action is just to nurture the national solidarity that took the Government a long time to establish. Like wise, the allegation against Myanmar for not banding over a drug lord like "Khun Sa" to US can be simply explained Myanmar have not signed any extradition treaty with any country and even in signing the related UN Convention, we made an exception on the clause to extradite nationals to another country as an offender. Another factor is that Khun Sa and his MTA members, after their surrender on 26 January 1996, returned to their respective native places to settle down and were never found to be involved in narcotic business. The total surrender of MTA was achieved at a cost of blood and many lives of our soldiers, None of the countries or organizations who are now pointing fingers at Myanmar did not extend any help or assistance in this process, We believe that these allegations are uncalled for and are designed just to discredit our country.

The relocation of' poppy growing farmers from high land areas of Wa special region down to low land areas, as we understand, is the fruit of their own initiatives to declare their region to be opium free zone in 2005. In an altitude of or more than 5000 feet where no other cash plant except poppy thrives well, it is only logical and appropriate to relocate farmers from those areas down to low land in the southern part where there axe abundant fallow land available for cultivation. We learnt that only two years after relocation, with the new rice hybrids and technology from China , they are now producing more rice than they can consume and are helping bark those who were left back in the northern high lands. Wa people in low land are now involved in livestock breeding, aqua culture, cultivating fruits like honey orange, gapes and longhan and are exporting their produce to neighboring Thailand . This dispels the allegation that the farmers, through relocation to low land, are given the opportunity to have access to a much larger areas for opium cultivation.

Another unfounded allegation is that, black money accrued through drug trade are being reinvested in Myanmar 's economy. Those insurgent groups who returned to the legal fold may be involved in drug trade before but once they are in, we find that they are earning their living within the bounds of legal made and have been contributing towards development activities.

In the "Statement of Justification" issued by the US "Bureau for International Narcotics and law Enforcement Affairs", it was clearly stated that within the, year 199S and 2003, 48 military personnel and more than 200 police officials were taken action because of their inappropriate involvement in drug related crimes. The statistics illustrated therein demonstrate that, out of 200 police officials, 130 were imprisoned, 16 were dismissed from their duties, were forced to retire and 47 were demoted as part of the legal action against their wrongdoings. Therefore, we cannot, in any logical sense, relate these findings to the allegation in the same statement that no action is being taken against Government officials for their misconduct.

There were also allegations on the rapid spread of HW in Myanmar and on the transmission of the virus through shared needles among injecting drug users bring the second highest mode of transmission. As an association combating the problem of drug use, MANA also tackles the problem of HIV transmission that is associated with it. As such, MANA is actively working in close collaboration with governmental and non- governmental organizations and UN Agencies in providing education on HIV/AIDS related harm associated with injecting drug use and is fully aware of pr v interventions undertaken here in Myanmar . Myanmar holds the view that the problem of HIV/AIDS is a priority issue that needs to be undertaken as a national cause and accordingly, the Ministry of Health, since 1989 has established the National AIDS Programme at the Central level to spearhead preventive measures. In the Executive Summary of the report issued by UNICEF Yangon on "Prevention of HIV/AIDS through Promotion of Reproductive Health in Myanmar in 2000, it was stated that UNICEF, together with its main implementing partners succeeded in meeting its objective to prevent HIV/AIDS. According to the Department of Health, estimation made in 2004 indicates that there are 338,910 people infected with HIV in Myanmar . A joint effort between the Department of Health, related governmental bodies and UN Agencies such as UNAIDS, WHO resulted in holding another workshop to estimate the number of people infected with HIV and its consequences in September 2005. The workshop reported that in 2000, the HIV prevalence rate among the adult population is 1.5% but has declined to 1.3% in 2005. HIV prevention in Myanmar is spearheaded by the .Ministry of' Health with the support and participation of the Ministries of Education, Information, Railways Transportation, Social Welfare, Relief and Resettlement and Mining, together with 7 UN Agencies, 17 local non-governmental organizations including, MANA, and 19 International NGOs. This far and wide undertaking to control and prevent HIV/AIDS in Myanmar testifies that the country is not only committed to combat the disease but is striving its best to dispel such allegations.

As there are false allegations against Myanmar for not exerting enough efforts to combat the problem of drugs, MNA has also come to notice that the following allegations axe also one sided and unfair:

(a) human rights do not exist in Myanmar ;

(b) that female members of ethnic minorities are being raped,

(d) there are also problems with human Trafficking;

(e) money laundering is common,

(f) children are being used as soldiers and;

(g) ethnic cleansing is taking place with ethic minorities tortured to death.

Human rights. and Myanmar

Countries within the Western bloc has been accusing of human rights deprivation in Myanmar . The Special Representative of the United Nations visited Myanmar on several occasions and met with members of Myanmar Human Rights Committee to discuss the country's, situation. He commented that there are no prescribed best standards for human rights due to differences in values each country upholds- Since 1988, Myanmar has been striving to adhere to human rights principles that do not impinge on the values of our society.

Responses

After reviewing the existing international cooperation mechanism, Myanmar on 26 April 2000 established Myanmar Human Rights Committee with the Minister for Horne Affairs as the Chairman and the Director-General of Myanmar Police Force as its Secretary. The mandate of this Committee are as follows-

(a) to review and report on the proceedings of the United Nations and International human rights activities;

(b) to recommend ways and means to establish a 'human rights commission in Myanmar and;

In line with above mentioned mandate, eight sub-committees are being formed in areas relating to home affairs, judiciary, social welfare, health, labor, education, international affairs and religion, The following workshops were conducted:-

(a) ten workshops on Human Rights and Responsibilities were held in Yangon, Mandalay and Taunggyi starting from July 2000 with the assistance of Australian Agency for International Development (AusAID) where 267 participants from different Ministries attended;

(b) in close cooperation with Premier Oil Company, another seven human rights workshops were held in Yangon and Dewei with 169 participants;

(c) utilizing trained trainers, mother three workshops on Human Rights and Law Enforcement were held without expatriate resource persons for 60 participants;

(d) in close collaboration with the International Institute for the Right. of Child and the Centre for Humanitarian Dialogue ( Myanmar ), an International Seminar on the Rights of Child and Question of their Application was held in July 2002 with 126 participants from various local organizations and United Nations Agencies;

(e) human rights knowledge were imparted to 1061 trainees through 32 different workshops held between July 2000 and May 2004 with the sponsorship of organizations such as AusAID, Premier Oil Company, International Institute for the Rights of Child, First and Mine Advisory Group and UNHCR;

(f) experiences on international human rights undertakings, standard set and women's rights were discussed in length during workshops on Human Rights and Responsibilities;

(g) the group led by the Special Rapporteur for the Situation of the Human Rights in Myanmar, Professor Paul Sergio Pinherio met and discuss human rights issues in Myanmar with Myanmar Human Rights Committee on April 1 200 1, IO October 2001 and IS February 2002 respectively,

(h) a High Level Team from ILO headed by the former Governor General of Australia Sir Ninian Stephen visited Myanmar on 20 September 2002 and discussed human rights and forced labor issues with the Government;

(i) either human rights workshop was held at the Central Depot for Timber Trader with the sponsorship of Premier Oil Company and;

(j) Premier Oil Company also sponsored the Workshop on the International Covenant on Economic, Social and Cultural Rights (ICESCR) held at the Centr Depot for Timber Trade in August 2002.

The expanded knowledge on human rights undertakings accrued through the above mentioned workshops, seminars and through intentional cooperation efforts, were used to raise awareness among youth members of our society. One positive development is the inclusion of human rights concepts in the curriculum of middle and high school students. In other word.,4, we can confidently say that Myanmar is trying its best to adhere to the international human rights non-ns and standards set fort.

Allegations on rapes Committed on member of female ethnic minorities

The two Shan National Human Rights Commission namely the Shan Human Rights Foundation (SHRF) and the Shan Women Action Network (SWAN) published a book entitle "License to Rape" alleging the 600 rape cases committed against female members of Shan ethnic minorities by Myanmar soldiers. The publication alleged that during the period between 1996 and 2001, there were a total of 175 rape cases committed by Myanmar soldiers against Shan girls.

Responses

We learnt that under the supervision of the Chairman of the Working Group on Preventing Human Trafficking in Persons - the Deputy Minister for Home Affairs - a total of I 0 groups comprising of representatives from the Myanmar Police Force, Crime Investigation Branch Office, Immigration and Men Power Department and National Registration Department were formed to investigate these allegations.

Out of a total of 375 rape cases alleged by the two Shan National Human Rights Commission, the 10 groups investigated 137 cases in northern, southern and eastern Shan States as the list contains old cases as well. The investigation revealed that out of 137 alleged case, only two were found to have grounds with the remaining 135 cases faked to 9 attract attention. We learn that the offenders of the two cases are being taken severe legal actions. They were not only dismissed from Military service but were also sentenced for 10 years imprisonment as punishments for their infringement of human rights.

At the same time, investigation groups were formed with representatives from the crime investigation branch, local police forces, the then local military intelligence forces and from local military regiments to look into 26 cases of rape allegations contained in the paper entitled "System of impunity" published by an organization named "The Women's League of Burma". Investigation revealed that out of 26 alleged cases, only four were found to leave grounds with the remaining 22 cases propagated to only attract attention. Those found to be guilty were given 20 years to life imprisonment sentences for the crimes they have committed.

Money laundering

Myanmar is stepping activities to implement Plan on Money Laundering. In conformity with the recommendation made at the 20"'. Special Session of the United Nations General Assembly to promulgate laws to combat money laundering as well as to instigate collaborative actions against international organized crimes reunited in the field of drug trafficking and other major offences among ASEAN nations and neighboring countries, Myanmar promulgated Control of Money Laundering Law on 17 June 2002 and is taking action accordingly.

Allegations

On 25 November 2003, the US Treasury Department alleged that the money accrued through illicit drug trafficking is being reinvested at Asian Wealth Banks and Myanmar May Flower Banks in Myanmar as part of money laundering- At the same time, the Financial Action task Force (FATF) included Myanmar in the list of Non Cooperative Countries and Territories (NCCT) and on 3 November 2003 and decided to take counter

Responses

In accordance with the recommendations made by the 20'k. Special Session of the United Nations General Assembly , Myanmar promulgated the Control of Money Laundering Law (CMLL) on 17 June 2002, and the relevant by-laws for practical implementation on 12 May 2003. Likewise, Myanmar promulgated Mutual Legal Assistance in Criminal Matters law on 28 April 9004 and the relevant by-laws on 14 October 2004 respectively.

From various notifications issued by the Ministry for Home Affairs, we know that the Central Control Board and Financial Investigation Unit were established in accordance with Control of Money Laundering law and that the Central Control Board had laid down necessary directives. CMLL laws and by-laws are being amended and/or supplemented as necessary and primary investigations have taken place by Investigation Teams. Myanmar has been conducting local and international workshops and training .sessions for human resource development, Myanmar is in the process of establishing a system for exchange of suspicious information,

In the field international cooperation, Myanmar has already signed a Memorandum of understanding with the Anti Money Laundering Office (AMLO) in Thailand on 31 July 2005 and Treaty on Mutual Legal Assistance in Criminal Matters with ASEAN member countries on 17 January 2006, Myanmar became a member of Asia Pacific Group on Money Laundering on 9 March 2006. She has been receiving information from the Australia based organization for exchange of information on suspicious transaction reports and is in the process of signing a Memorandum of Understanding (MoU) with Financial Intelligence Unit from Indonesia Myanmar will also be signing three International Conventions and eleven protocols accompanying there to. We also learnt that, as part of report-Ing the progress made in the field of combating money laundering, Myanmar held Meetings with members of FATF Review Group highlighting the need for closer cooperation. As a result, FATF had already withdrawn ils countermeasures against Myanmar in October 2004. We will contribute to drop Myanmar from the Non- Cooperative Countries and Territories (NCCT) list.

To rectify the, allegations made by US Administration, Myanmar Government launched an investigation with both Asia Wealth Banks and Myanmar May Flower Banks by an eight member team. It lasted for fifteen months since 5 December 2005. The investigation team reported that although they cannot provide hard evidence, there is a possibility at these two banks are involved in laundering black money. This prompted another investigation by a five member team led by the Deputy Minister for Home Affairs. Based on their findings, The Ministry for Finance and Revenues revoked the banking license from these two banks on 31 March 2005. At the same time, the Chairman of the Universal Bank in Yangon - U Tin Sein, President of that bank - was charged with drug trafficking offences and his property and money accrued after 2002 were dealt in accordance with the provisions of CMLL. Crimes committed before that period were dealt in accordance with the provisions of 199' ) Narcotic Drugs and Psychotropic Substances Law. He can also be given sentences in accordance with the CMLL provisions.

In addition, the fact that even before the promulgation of Control of Money Laundering Law, legal actions have been taken against perpetrators in accordance with the 1986 Law on Possession and Transaction of Properties through Illegal Means Or in accordance with the 1993 Narcotic Drugs and Psychotropic Substance Law. This action testifies that Myanmar has never ignored the money laundering offences,

Human trafficking

Together with some other countries, the US Government has linked Myanmar 's shortcomings in combating human Trafficking with issues relating to forced labor and recruitment of children as soldiers. This led Myanmar to be in a category that enjoys the lowest priority ror receiving financial assistance. Myanmar also encounters with sanctions from the international financial institutions such as International Monetary Fund (IMF) -iaid the International Bank for Reconstruction and Development most commonly known as the World Bank.

Responses

Since September 2005, Myanmar promulgated the Anti-Trafficking in Person Law in conformity with the prescribed international standards, In accordance with its provisions, the Central Committee for Preventing Trafficking in Persons was formed on 11 February 2006 followed by the establishment of the Working Group to Prevent Trafficking in Person. Additional Working Groups for Receiving Trafficked Persons, for Social Reintegration and for Rehabilitation were also formed at the States and Divisional, Districts and Township levels on 27 February 2006. We also leant from the Ministry for Home Affairs that, in order to implement the promulgated Law effectively, a National level Conference to Prevent Trafficking of Persons was held in Yangon from 29 February to 1 March 2006. It was followed by States and Division level Conferences in Mandalay , Lashio and Bago on 16 May 2006, 1 8 May 2006 and 20 May 2006 respectively.

With the assistance of the Asia Regional Cooperation to prevent People Trafficking (ARCPPT), Myanmar was able to establish teams to combat trafficking in persons within Myanmar Police Forces in Mandalay , Kalay, Bahmo, Muse, Tachileik, Kawthaung, Mawlamyaing and Myawaddy. It is learnt that there are plans to expand these teams and- the Government is in the process of drafting a National Plan of Action to Combat Trafficking in Persons.

Soon after the promulgation of Anti-Trafficking in Person Law, there were more than 30 trafficking cases involving a total of 51 persons - 30 male and 21 female perpetrators that Required legal action. From various reports, we also leant that the authorities managed to deter a total of 112 personas - 43 males and 69 females - from becoming trafficked victims. According w the records from the receiving camps in Myawaddy, a total of 324 children, 14320 males and 5095 females returned to Myanmar during the period 18 August 2002 to 30 April 2006.

Likewise, the Committee to Monitor Illegal Travel to Foreign Countries chaired by the Director-General of Myanmar Police Force reported that they were able to conduct educational and informational sessions for 838541 persons, prevent 28840 from traveling illegally, and take action against 684 cases involving 1317 males and 603 females during the period from 23 September 2001 to 30 April 2006. Out of the total of 1920 that face legal action, 336 males and 260 females were sentenced for imprisonment. Based on the gravity of the crimes they have committed, The sentences ranges from life imprisonment (2), to more than 10 years (99), between 5 to 10 years (341) and less than 5 years (154).

Between the period from 1992 to 2006, a total of 309 females who were stranded in Thailand , Japan , Malaysia , China , Macao , Bangladesh , Singapore and Taiwan for various reasons were repatriated.

In the field of international cooperation, Myanmar has signed a Memorandum of Understanding with the Government of Australia to implement Asia Regional Cooperation Project on People Trafficking (ARCPPT) for three years from 2003 to 2006. The project is currently being implemented in close cooperation with Myanmar Police force. The main objectives of this project is to establish special forces to prevent trafficking in persons and to enhance their capacities, to increase cooperation between judiciary establishments and to develop closer cooperation among agencies involved in extending assistance to those trafficked victims.

In addition, Myanmar hosted a Ministerial Meeting for a Coordinated Mekong Ministerial Initiative Against Trafficking in Persons (COMMIT) in October 2004 from 6 Greater Mekong Sub-regional countries namely - China , Cambodia , Myanmar , Laos , Thailand and Vietnam - where a MoU was signed for continued cooperation within the region.

From various declarations, we see that there exists a very close cooperation between Myanmar , China and Thailand on the issue of trafficked persons. Myanmar is a member of the following international conventions that address trafficking issues:

(a) UN Convention against Transnational Organized Cairns and the protocols on trafficking in Persons and Smuggling of Migrants;

(b) UN Convention on the Rights of the Child (CRC);

(d) Convention to Combat Exploitations through Trafficking of Persons and Commercial Sex Work;

(e) Convention Against Bribery and Corruption and;

(t) ASEAN Treaty on Mutual Legal assistance in Criminal Matters.

The US Government has been issuing Trafficking in Person Report annually in June which is actually a comparison of its internal legislation on "Trafficked Victims Protection Act" with that of the prevailing situation world wide. The report divides the countries into four different categories and Myanmar is placed at the lowest tier together with some other countries that are being sanctioned from international assistance. These sanctions are the main cause that led to closures of factories leaving many factory workers without jobs. This situation compels the factory workers to venture into other job and they are quite vulnerable to trafficking.

Even if we compare our initiatives to combat trafficking in persons with the lowest standards sit in the United States , we can fairly say that Myanmar ranks among those who are pursuing vigorously towards this end. In other words, we will not hesitate to say that allegations towards Myanmar for not endeavoring enough to combat trafficking in person is nothing but a farce of the prevailing situation here.

Use of children as soldiers

Although there has been continuous allegations on the use of children as soldiers, we are fully aware of the following proclaimed criteria applied by the military in the recruitment process.;

(a) those joining the army shall not be below the age of 18 and not beyond the age of 25;

(b) physical body structure should be in proportion to individual's age;

(c) must be able to perform its duties and responsibilities irrespective of the geographic location and weather conditions;

(d) need to pass required medical examinations;

(e) must be at least 5 ' 2 " tall with chest measuring no less than 33" and;

(f) minimum body weight should be 105 poundings and no less than..

We are confident that Myanma Tatmadaw (Myanma Armed Forces) will neither coerce, draw ballot nor force unwilling individuals into its forces and will only use persuasive techniques in its recruitment Process. We are aware of the establishment of a new Directorate for Refurbishing Armed Forces Strength on 23 July 2004 and that the State Peace and Development Council has already established a Committee to Prevent Under- Aged Children from Performing Military Duties through the directive issued on 5 January 2005 under serial number 205/Na Ya Ka (Oo)/ ka sa and is in the process of developing guidelines for actual implementation.

Resident Representatives from UNNICEF and UNDP visited no. (1) and (2) Military Recruitment Corps at Sit Pin Kwin village, Than Lyin Township, Yangon and Myaing Tharyar village, Kyatik Tan Township to inspect whether there are any child recruits, how age verification process is being carried out systematically and had frank discussions with the authorities there.

However, there have been occasion where some members of the recruitment teams were unable to distinguish unqualified candidates and during the period from 2002 to 2006, 265 under aged candidates and 78 unwilling ones have lobe sent back and 23 personnel who were found to be in breach of the directives were taken action under the Military Disciplinary Law accordingly.

Ethnic cleansing and torturing to death of ethnic minorities

Though some countries and opposition parties have accused the Military Government of its involvement in ethnic cleansing acts, we have been reading and seeing incidences from newspapers, radio and television of various atrocities such as, terrorizing, bombing, murdering, ethnic cleansing, etc. committed by underground insurgent groups from the time of Myanmar's independence up till now. Those acts of demanding levies from villagers, mining and destroying properties, capturing and murdering innocent peoples committed by members of KNU insurgents and SSA terrorists are living examples of these atrocities.

Conclusion

The developments we have been witnessing surely testifies that Myanmar is moving towards a peaceful, modern, developed and democratic nation through the strength of all its fellow citizens.

The Government has made tremendous achievements between the years 1989 to 2005, particularly in the education health, road transportation agriculture and livestock sectors. The examples that we can quote are: in the education sector, the number of schools have risen from 33747 to 40521 and the number of Universities and Colleges from 27 to 64; in the health sector, the number of hospitals have risen from 631 to 820; in the road transport sector the total road mileage have risen from 13635 to 18640 miles and the number of bridges above 180 feet in length have risen from 198 to 403; in the agriculture sector, the total cultivated acreage have risen from 24.8 to 26.6 million acres and in the irrigation sector, the number of dams have risen from 138 to 313. These figures proves that progress has been achieved in bringing about the better living standard of for our people.

MANA, together with all other non-governmental organizations, firmly believes that the Government will strive together with all its national races to further develop the nation. We are at present enjoying a level of peace and development that has never reached in the past. The Government and the people of Myanmar have forged strong unity and solidarity at this time and therefore we cannot accept any threats or intimidations imposed upon us. We totally reject the allegations that our country has become a threat to peace and the action spearheaded by the United States at the United Nations. We would urge all our friends who treasure peace and truth to join hands with us in dispelling the false allegations and insincere actions that will eventually pose a danger to development, peace and tranquility of Myanmar and her people.

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