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TO RUEHC/SECSTATE WASHDC IMMEDIATE 9862
INFO RUCNASE/ASEAN MEMBER COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE
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RUEHNE/AMEMBASSY NEW DELHI 5934
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RUEHCHI/AMCONSUL CHIANG MAI 2441
RHEHNSC/NSC WASHDC
RHHMUNA/CDR USPACOM HONOLULU HI
RUCNDT/USMISSION USUN NEW YORK 2864
RUEKJCS/SECDEF WASHDC
RUEKJCS/JOINT STAFF WASHDC

C O N F I D E N T I A L SECTION 01 OF 03 RANGOON 000098 
 
SIPDIS 
 
DEPT FOR EAP/MLS, DRL, AND IO 
PACOM FOR FPA 
 
E.O. 12958: DECL: 02/21/2020 
TAGS: PGOV PREL PHUM BM
SUBJECT: BURMA:  UN SPECIAL RAPPORTEUR FOR HUMAN RIGHTS 
DISAPPOINTED WITH VISIT 
 
REF: A. 09 RANGOON 110 
     ¶B. 10 RANGOON 90 
 
RANGOON 00000098  001.2 OF 003 
 
 
Classified By: Political Officer Marc Shaw for Reasons 1.4 (b) & (d) 
 
Summary 
------- 
 
¶1.  (C)  UN Special Rapporteur for Human Rights in Burma 
Tomas Ojea Quintana expressed disappointment with his 
five-day visit to Burma during a February 19 outbrief with 
the diplomatic corps.  After briefly thanking the Burma 
government for allowing the visit, Ojea Quintana noted that 
the GOB controlled his every move, granted him little beyond 
"basic" access, and offered no indication planned 2010 
elections will be free and fair.  He expressed "deep regret" 
that the GOB denied his request to meet with Aung San Suu Kyi 
(ASSK).  He reported that his discussion with National League 
for Democracy (NLD) Uncles focused on the need for human 
rights protections during elections and the importance of 
release of prisoners of conscience. 
 
¶2.  (C)  Ojea Quintana said that Labor Minister Aung Kyi 
agreed to look into a child labor case, a potential positive 
outcome.  He also met with 15 political prisoners and 
concluded prison conditions still do not meet international 
standards.  Ojea Quintana expressed outrage at the continued 
discriminatory treatment of Rohingyas, some of whom have been 
incarcerated on bogus marriage and immigration violations. 
Ojea Quintana noted continuing concerns about rule of law, 
including lack of judicial oversight of interrogation of 
suspects.  The UN envoy expects to request a return visit to 
Burma prior to reporting to the UN General Assembly in 
October.  End Summary. 
 
2010 Elections 
-------------- 
 
¶3.  (C)  At the February 19 briefing for diplomats, Ojea 
Quintana said he emphasized to the GOB that 2010 presents an 
opportunity for the government to demonstrate to the 
international community it respects human rights.  Ojea 
Quintana noted that people need to be without fear if they 
are to participate meaningfully in the elections.  Freedoms 
of association and speech are necessary for credible 
elections, he stressed.  The GOB still has not announced 
election laws or the election date beyond telling him these 
important laws will be released in "the present year."  When 
he inquired about specifics, GOB officials reportedly said 
the laws are still being prepared.  The UN envoy was 
disappointed that the GOB was noncommittal on this issue, 
mentioning to diplomats that the GOB gave him no indication 
there will be full participation in the election.  Ojea 
Quintana was even more blunt to the foreign media, reportedly 
stating that "There is no sign, no indication that the 
government is willing to respect human rights and in that 
sense the election won't be acceptable." 
 
ASSK and the NLD 
---------------- 
 
¶4.  (C)  Describing ASSK's role as "critically important" for 
credible elections, Ojea Quintana expressed "deep regret" 
that the GOB again denied him a meeting with her, even though 
he had requested the session in advance.  Permitting such a 
meeting, the envoy noted, could have indicated to the 
international community the GOB's willingness to have 
inclusive participation in the elections and act consistent 
with international norms.  That the meeting was denied is 
troubling in this election year, he commented.  In a 
conversation with the CDA on the margins of the briefing, 
Ojea Quintana said that the GOB provided no explanation for 
not permitting the ASSK meeting.  Despite the GOB's rebuff, 
Ojea Quintana said he urged officials to "release her 
immediately." 
 
¶5.  (C)  Turning to the NLD, Ojea Quintana said his 
 
RANGOON 00000098  002.2 OF 003 
 
 
discussion with Central Executive Committee members (aka "the 
Uncles") focused on the need for human rights protections 
during elections, the importance of releasing prisoners of 
conscience, and freedom of speech.  NLD spokesman Nyan Win 
told us the meeting included recently released NLD 
Vice-Chairman U Tin Oo and outspoken former journalist and 
political prisoner Win Tin.  Press reports, quoting U Tin Oo, 
added that the UN envoy and the Uncles discussed ASSK's 
pending requests for a meeting between the senior general and 
ASSK, and between ASSK and the NLD Central Executive 
Committee. 
 
Positive Meeting with Minister of Labor Aung Kyi 
--------------------------------------------- --- 
 
¶6.  (C)  The GOB granted Ojea Quintana meetings in Nay Pyi 
Taw with the Home Affairs Minister, the Labor Minister, the 
Attorney General, the Chief Justice, and the Human Rights 
Body.  Ojea Quintana described his discussions with Aung Kyi 
on forced labor, child soldiers, and workers rights as "very 
useful."  He raised the particular case of a 28 year-old 
prisoner being held at Insein Prison who is serving a 
seven-year sentence for deserting the military.  This 
prisoner had been a child recruit. Labor Minister Aung Kyi 
professed a willingness to investigate this case, which Ojea 
Quintana viewed as a potentially positive outcome. 
 
Prisoners of Conscience 
----------------------- 
 
¶7.  (C)  The GOB permitted meetings with 15 political 
prisoners, but Ojea Quintana received no indication the 
government would release any detainees.  Officials continue 
to deny any prisoners of conscience exist in Burma.  Ojea 
Quintana said the group of political prisoners he met 
represented activists, journalists, and members of political 
parties opposed to the government -- housed in three 
different prisons.  At Buthidaung Prison in Rakhine State, he 
met with prominent 88 Generation Students activist Htay Kywe 
and other political prisoners, including Tun Nyo, Myat Tun, 
Ahmed, and Kyaw Min.  At Sittwe Prison, also in Rakhine 
State, the UN envoy met with Than Tin, Pyae Phyo Hlaing, Aung 
Tun Myint, and Sandar Thiri.  In Rangoon's Insein Prison, he 
talked with Tuesday Prayer Group leader Naw Ohn Hla 
(sentenced February 15 to two years'imprisonment), as well as 
Ma Than Htay, Kyaw San, Kyi Than, Myo Win, and Khai Kyaw Moe. 
 
 
¶8.  (C)  When asked, Ojea Quintana told the CDA that he was 
allowed to meet privately with all political prisoners he 
requested, except for one who had been transferred.  He used 
a UN interpreter during the meetings.  Political prisoners 
raised concerns about the great distance family members must 
travel to visit and the poor condition of prisons.  Ojea 
Quintana told the assembled diplomatic corps that prison 
conditions at Insein and Buthidaung Prisons had "slightly" 
improved, but concluded that they still do not meet 
international standards.  Ojea Quintana encouraged the GOB to 
continue its efforts to improve prison facilities. 
 
Rohingya Minority Group 
----------------------- 
 
¶9.  (C)  Ojea Quintana met with members of the Muslim 
Rohingya minority in Rakhine State and described "deeply 
disturbing" circumstances, including denials of basic human 
rights.  Many of the inmates in one Rakhine State prison are 
Muslims convicted of such "crimes" as illegal marriage and 
violating immigration laws.  Ojea Quintana expressed outrage 
over the cumbersome process Rohingyas must undergo to gain 
permission for routine issues -- including registering births 
-- and was appalled by the reports of forced labor.  Ojea 
Quintana noted the devastating impact of discrimination on 
children and added that the GOB's "lack of acknowledgement" 
of such discrimination is very troubling.  Acknowledgement is 
a "necessary step one" to dealing with the problem. 
 
 
RANGOON 00000098  003.2 OF 003 
 
 
Reform of the Judiciary 
----------------------- 
 
¶10.  (C)  Ojea Quintana noted continuing rule of law 
concerns, including lack of judicial oversight of 
interrogation of suspects, which results in ill treatment. 
He noted that judges often impose maximum sentences.  Ojea 
Quintana said officials described some progress on revising 
national legislation related to human rights issues; however, 
those officials did not provide details.  The UN envoy said 
he inquired about preparations for the UN Universal Periodic 
Review of Human Rights issues in Burma; the GOB told him it 
is starting to prepare its submission.  Ojea Quintana 
concluded that judicial issues "need more discussion." 
 
Next Steps 
---------- 
 
¶11.  (C)  Ojea Quintana summarized that human rights 
conditions in Burma remain "very difficult."  Still, he 
added, engagement is necessary.  Ojea Quintana will report to 
the UN Human Rights Commission in March.  He said he expects 
to request a visit to Burma prior to reporting to the UN 
General Assembly in October.  In an exchange with the CDA 
after the briefing, Ojea Quintana thanked the United States 
for maintaining a strong focus on human rights issues in 
Burma while attempting to engage. 
 
Comment 
------- 
 
¶12.  (C)  Ojea Quintana was visibly annoyed with the GOB's 
handling of his visit and the lack of progress, and 
considerably more critical than on his two previous visits. 
It is reasonable to conclude that his irritation stems from 
the absence of measurable progress on any of the issues he 
has raised.  He also appeared irritated by the government's 
unwillingness to entertain his requests for a face-to-face 
meeting with Aung San Suu Kyi, to get an audience with any of 
Burma's decision-makers, and to the road blocks he 
encountered when attempting to negotiate a schedule.  The 
lack of progress Ojea Quintana observed does not bode well; 
the GOB appears intent on maintaining firm control in the 
runup to the elections. 
DINGER