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Transcript of remarks by US Secretary of State Hillary Clinton and Myanmar Foreign Minister U Wunna Maung Lwin at their Joint Press Conference on 17 May 2012 Background Briefing on Burma US State Department - 17 May 2010 Main points
Question: Just last month we were doing one of these backgrounders, and it seemed at that point, you guys were looking at very specific targeting sectors as a way to do this, and you guys named jade, oil, some of these things that are very tied closely with the military, as sectors you would avoid. I was wondering what changed in terms of the thinking, and why you guys ended up going down this road. Response: On the issue of sectors in specific, it was asked during the previous backgrounder about sectors, and off the cuff, we would list various sectors that raised questions...... there are still questions, I think, about mining and timber and oil and gas. I mean, they’re legitimate questions. I think we can get at them effectively through the method that we are, which is to, again, target the entities, the individuals, and the activities rather than do it simply by sector. So it’s just that I think the last time, we were at the start of the process and we’ve been doing some very, very careful consideration, and we’re very confident this is the best way to go in that effort.
US says "eyes wide open" on Myanmar Reuters - 12 May 2012 The United States is matching Myanmar's tentative steps toward democracy after decades of harsh military rule with a calibrated re-engagement, aware of the potential for setbacks, a senior U.S. diplomat said on Friday. Patrick Murphy, the State Department's Head of the Mainland SE Asian Burerau, said Washington is deepening its engagement with the reformist government, looking at easing more sanctions and likely to appoint a U.S. ambassador "in coming weeks." "We embrace these changes that are taking place with eyes wide open," he said in remarks at the Carnegie Endowment for International Peace, a Washington think tank.
In his latest comments Senator John McCain has called for the  suspension of all economic sanctions against Myanmar. “Following the recent election that brought Aung San Suu Kyi and the National League for Democracy into the parliament, I think now is the time to suspend US sanctions ….. except for the arms embargo, and targeted measures we maintain against individuals and entities in Burma that undermine democracy, violate human rights and plunder the nation’s resources. This would not be a lifting of sanctions, just a suspension. And this step, as well as any additional easing of sanctions, would depend on continued progress and reform in Burma." McCain said Aung San Suu Kyi has made the distinction between the right and wrong kinds of investment. “The right kind of investment would strengthen Burma’s private sector, benefit its citizens and ultimately loosen the military’s control over the economy and the civilian government. The wrong investment would do the opposite, entrenching a new oligarchy and setting back Burma’s development for decades."
Suu Kyi meanwhile has given Senator McCain's proposals a cautious welcome. "I am not against the suspension of sanctions as long as the people of the United States feel that this is the right thing to do at the moment. I do advocate caution, though," she said in a contribution by Skype to a Washington discussion. "I sometimes feel that people are too optimistic about the scene in Burma... You have to remember that the democratisation process is not irreversible." She also complained that some 271 political prisoners on the NLD's list had yet to be released. Counter-salvoes: Senators Webb and Inhofe: "Lift all economic sanctions against Burma" Press Release by Senator Webb's office - 4 May 2012  Senator Jim Webb (Democrat - Virginia) whose historic trip to Burma in 2009 set the stage for a new direction in U.S. policy toward that country, today called for the Administration “to facilitate reforms in Burma (Myanmar) through the lifting of economic sanctions.” Senator Webb, chairman of the Senate Foreign Relations East Asian and Pacific Affairs Subcommittee, was joined in his letter to Secretary of State Hillary Clinton by subcommittee ranking member James Inhofe (Republican - Oklahoma). “This letter is the result of years of thought and effort, and I am confident that lifting economic  sanctions is the best course of action,” commented Senator Webb. “The President has the power to do that. It’s time for him to act......At this critical moment, it is imperative that our policy toward Burma be forward thinking, providing incentives for further reforms and building the capacity of reformers in the government to push for additional change. We urge the Administration to take action under its own authority, and seize this opportunity to support the Burmese people in their efforts to form an open, democratic government that respects and protects the rights of all. Derek Tonkin writes: The testimony by OFAC Director Adam Szubin came as a surprise to many who had fondly believed that the US Administration had already done what it could to ease sanctions against Myanmar and was now largely dependent on congressional support to proceed further. It would seem that this is not the case and that most sanctions could now be waived through presidential action. My latest Myanmar Briefing Note No.27 "Myanmar sanctions: The US paddles its own canoe" highlights the extent to which the US is now "up the creek" where sanctions policy against Myanmar is concerned. In his latest comments Senator John McCain would seem to share my views as he has called for the suspension of all economic sanctons against Myanmar. US: The debate on sanctions
Canada lifts most sanctions on Myanmar  Department of Foreign Affairs and International Trade - 24 April 2012 Foreign Affairs Minister John Baird today announced that Canada will suspend most sanctions against Burma, which were among the toughest in the world. “Canada is encouraged by the changes that have taken place in Burma, especially in the last year,” Baird said. “Today’s move signals our support for the reforms championed by the country’s president and demanded by the Burmese people. “There is more work to be done, but Canada stands ready to support Burma in building a free and prosperous society. The easing of these sanctions will help Burma move in that direction and create jobs, hope and opportunity for the Burmese people.” Departmental Background Note: Prohibitions on imports, exports and investment have for the most part been removed, as have those related to technical data and financial transactions. However, a few prohibitions remain: trade in arms and related material is still forbidden, along with technical and financial assistance related to military activities. An asset freeze and prohibition on transactions also remain in place against designated individuals and entities. The list of designated persons will be reviewed and updated over the coming weeks in light of changes that have taken place in the Burmese power structure since the list was created...... Canada will continue to closely monitor the situation and will play a role in assisting the Burmese people with the transition to democracy. On the other hand, Canada stands ready to re-impose sanctions if progress is reversed and the situation in Burma deteriorates once again.
EU Council Conclusions on Burma/Myanmar  Press Office of the Council of the European Union - 23 April 2012 Extract: "As a means to welcome and encourage the reform process, the Council will suspend restrictive measures imposed on the Government, with the exception of the arms embargo, which it will retain. The Council will monitor closely the situation on the ground, keep its measures under constant review and respond positively to progress on ongoing reforms."
US eases Myanmar sanctions to permit NGO projects Reuters - 17 April 2012 The U.S. Treasury on Tuesday relaxed sanctions on Myanmar to permit non-governmental organizations to support certain humanitarian, religious and educational activities in the country. The Treasury's Office of Foreign Assets Control issued a notice saying that, subject to certain limitations, sanctions would be eased to allow projects to meet basic human needs, democracy building and good governance, education, religious, sport and non-commercial development in the country. UK cozies up in Myanmar Comment on David Cameron's call for the suspension of sanctions
Suu Kyi joins UK call to ease sanctions  Financial Times - 13 April 2012 The FT reports that Mr Cameron’s calls for the suspension of sanctions were met with mixed reactions by EU diplomats. One said privately that the UK prime minister was “jumping the gun” by publicising his position ahead of the visit by the EU’s foreign policy chief Lady Ashton on April 28 to open the EU’s new embassy in Yangon. Another senior EU diplomat said Mr Cameron’s statements were “just one side” of the heated discussions taking place in Brussels. “This will all come to a head on April 23, when some sanctions will be lifted, some will be suspended and the arms embargo will be maintained. Of course, it will amount to a major easing, but in what form we can’t say right now.” Mr Cameron’s clear message on maintaining the EU’s ban on military ties and defence sales is likely to be echoed by the US and other western countries. The concern in Myanmar government circles is that any EU decision to suspend, rather than lift, other curbs could influence the US position. Derek Tonkin writes: There has been strong EU pressure on the UK in the run up to the EU Foreign Affairs Council meeting on 23 April to behave more sensibly over sanctions. Not only is there an urgent need, some 12 months after the reformist government of President Thein Sein took charge, to respond positively to the changes which have taken place, but there is also growing concern about the extent to which sanctions have caused stagnation in the economy generally and have mainly affected the population. The view in the UK press on 14 April is that "suspension" is tantamount to the lifting of sanctions, since their reimposition would pose considerable problems. It was important however for David Cameron to secure Suu Kyi's endorsement and "suspension" was an acceptable face-saving formula for them both. There is now pressure on the US and Canada to respond positively to Suu Kyi's revised position on sanctions. The US has throughout maintained a Defence Attaché in Myanmar. So too has Australia. US Special Envoy Derek Mitchell has made a point of holding discussions during his visits to Myanmar with the Minister of Defence, Major General Hla Min. EU countries withdrew Defence Attachés some years ago, but many question whether this was a sensible decision in view of the resultant loss of intelligence on and contact with the Armed Forces. Transcript of Joint Press Conference with Daw Aung San Suu Kyi No. 10 Downing Street Press Office - 13 April 2012 West must lift sanctions 'without delay' - International Crisis Group Agence France-Presse - 10 April 2012  Myanmar is unlikely to backtrack on reforms and the West should lift sanctions "without delay" to help the process, the International Crisis Group said in a report just released. "Myanmar has turned away from five decades of authoritarianism and has embarked on a bold process of political, social and economic reform," the ICG said in "Reform in Myanmar: One Year On," released in Jakarta and Brussels. "Those in the West who have long called for such changes must now do all they can to support them. The most important step is to lift the sanctions on Myanmar without delay." Noting the April 23 European Union meeting on whether to renew sanctions, the ICG said "the value of the coercive measures must be reconsidered."
Special US State Department Briefing on Burma  State Department Teleconference - 4 April 2012 The Special Briefing (see pdf version attached) expands on the statement by US Secretary of State Hillary Clinton "Recognizing and Supporting Burma's democratic reforms" made in the Treaty Room of the State Department yesterday. In particular, Hillary Clinton noted that: "We are prepared to take steps toward:
Derek Tonkin writes: The briefing by officials makes it clear that we are only at the start of a long process of dismantling US sanctions in response to political reform in Myanmar, though some actions will take effect "in a matter of days and weeks". The guiding philosophy is firstly a "measured incremental approach" and secondly "taking the bluntness out of sanctions", concentrating on "what has the greatest bang in terms of employment and development for those who have been hurt by the system for so long." This is tantamount to an admission that US sanctions (described as "byzantine, to put it mildly, in terms of executive orders that overlap and legislation that overlaps") have been too general and have had deleterious consequences for the population at large. "European diplomacy" writes Dr Sophie Boisseau du Rocher in a recent article "carries a heavy past with its diplomatic snubs and colonial resentments.....Blame and condemnation, sanctions and pressure on multinational corporations to leave the country have had minimal effect in delivering change and, conversely, have produced irritation." The issue now is how and whether the EU can catch up with the rest of the world and regain its lost influence. Sanctions which infringe human rights should be rescinded at once Network Myanmar Press Release - 4 April 2012 Derek Tonkin, Chairman of Network Myanmar, comments: "While Myanmar was under direct military rule, there was little or no interest in the human rights implications of Western sanctions policies. But now that a Government is in power which has set poverty eradication, rural development and social welfare as important priorities, there can be no excuse for Western Governments seeking to compel further reform through the use of sanctions targeting the population. These sanctions should not be part of the Western arsenal of restrictive measures." Read full press release..... Celebrate Aung San Suu Kyi's victory - ease sanctions on Myanmar CNN - 2 April 2012  Suzanne DiMaggio, vice president of global policy programs at the Asia Society, and Priscilla Clapp, a retired minister-counselor in the U.S. Foreign Service and former Chief of Mission at the U.S. Embassy in Burma, argue that the international community should take this moment to encourage Myanmar's moves toward liberalization. For the United States, the time has come to seriously address its myriad financial sanctions on Myanmar to ensure that they are not working at cross-purposes with reform efforts. The draconian application of U.S. financial sanctions is having a serious negative impact on legitimate economic actors in Myanmar who are struggling to institute positive changes. They are also impeding Americans who are working to assist in the reforms. Read more.....
Letting Burma back in  Foreign Policy - 30 March 2012 Tom Malinowski, Washington Director of Human Rights Watch, notes that "experts debate whether the role of sanctions was successful in opening up Burma. But with the up-coming by-elections and the release of political prisoners, the greater challenge may be how to lift them." Read more..... Derek Tonkin writes: A thoughtful and perceptive analysis of the rationale behind US sanctions policy, though I find it hard to accept the argument that because sanctions drove Myanmar into the arms of the Chinese, this turned out to be an argument for sanctions, since this was not a place where Myanmar's nationalistic leaders wanted to be for long. This was never a US policy tactic or strategy. No advocate of sanctions advanced this notion either, to my knowledge. Analysis: West waits on Myanmar vote to start sanctions scale back Reuters - 27 March 2012  Martin Petty writes: Western countries desperately want Myanmar's by-elections on Sunday to go smoothly - and give opposition leader Aung San Suu Kyi a seat in parliament - so they can start to lift sanctions and let their companies invest in the once-isolated state. Myanmar's civilian rulers have astonished with a reform drive since taking office a year ago, freeing hundreds of political prisoners jailed by the former junta, holding peace talks with ethnic militias and opening up the economy. Western companies are lining up to get into the country, sandwiched between China and India and offering huge potential in energy, financial services, telecoms and tourism. Diplomats say some U.S. restrictions such as visa bans and asset freezes could be lifted quickly if the election is credible, and the European Union may end sanctions that ban investment in timber and the mining of gemstones and metals. But the ballot needs the thumbs-up from the 66-year-old Suu Kyi, who is contesting one of 45 parliamentary seats after two decades in the political wilderness, much of it under house arrest. Read more.....
The Art of Self-Deception: The EU and Sanctions Progress Report of the Special Rapporteur  Human Rights Council - 7 March 2012 Tomás Ojea Quintana reports that the recent wave of reforms has had a positive impact on the situation of human rights in Myanmar. The upcoming by-elections on 1 April 2012 will be a key test of how far the Government has progressed in its reform process. There is, however, a risk of backtracking on the progress achieved to date. At this crucial moment in the country’s history, remaining human rights concerns and challenges should be addressed, and justice and accountability measures, as well as measures to ensure access to the truth, should be taken. Quintana calls for review of Myanmar sanctions The China Post (Taiwan) - 15 March 2012 The UN Special Rapporteur on Human Rights has called for a review of sanctions by some Western states against Myanmar as the Southeast Asian state has embarked on a series of political reforms ahead of April by-elections. “I am not saying that they must be lifted, but they must be analyzed in detail,” said Tomas Ojea Quintana. This is “because they are a human rights issue,” added Quintana during a press conference after presenting his report on the situation in Myanmar to the U.N. Human Rights Council. “I really believe that sanctions have to do with human rights, in different areas, particularly in economic, social and cultural rights. Because of that, we have the responsibility to address it publicly, openly, not just as a carrot” for reforms.  Derek Tonkin writes: The connection between human rights and sanctions has long been recognised, but has generally been swept under the carpet by Western Governments when sanctions are so often applied on a wave of emotion at a moment of outrage, but without proper analysis. See for example the working paper presented by Baron Marc Bossuyt, Professor Emeritus of International Law at the Universirty of Antwerp, to the Human Rights Commission in June 2000. See also the Network Myanmar News Release of 28 March 2011: "EU Common Policy on Burma/Myanmar: A time for serious review". President of East Timor José Ramos-Horta has frequently railed aginst the sanctions imposed against Myanmar because of the suffering which can be caused to the people.
Getting past the symbolism of Aung San Suu Kyi  Stanley A Weiss: The Huffington Post - 7 March 2012 The Founder and Chairman of Business Executives for National Security, Stanley Weiss, argues that it is important to see past Aung San Suu Kyi as a symbol of moral courage to evaluate the substance of her positions - and by extension, U.S. policy - during the past two decades. Like Martin Luther King and Nelson Mandela before her, there are hard lessons that must be faced. First, it is time to admit that economic sanctions were a mistake...... Second, denying humanitarian aid prolonged the suffering of ethnic minorities. Suu Kyi rarely mentioned the plight of ethnic minoritiesthe past 20 years, but their anguish was multiplied by a near-complete absence of aid dollars...... Third, denying visas to Myanmar students denied them the ability to see democracy in action...... Fourth, isolating Myanmar opened the U.S. to charges of bullying. I hear it constantly here in Asia - the U.S. sanctions countries like Myanmar and Cuba, but fails to take the same steps with countries like China, Russia, Vietnam, Laos and Cambodia, who have equally appalling human rights records..... If there is one final lesson, it is the one we've known all along: the U.S. should never allow a single person in a foreign country to drive America's security policy, no matter how revered that person may be. Derek Tonkin writes: The criticism of economic sanctions against Myanmar (Joseph Stiglitz and Louise Arbour) is becoming increasingly vocal and specific. In the case of the US, Myanmar has faced virtual econmic warfare this century, all to no avail because sanctions failed to stop the 2003 Road Map to Democracy. This is now at its final stage which is: "Building a modern, developed and democratic nation.....". The West may not like the political infrastructure which has been created. but the Burmese people will remedy that in their own good time. Meanwhile, the West should act boldly to support the reforms now taking place in Myanmar. of its 60 million people live on a dollar a day. Stiglitz sees progress on Myanmar currency regime  The Wall Street Journal - 16 February 2012 In meetings with officials, economist and Nobel Prize winner Joseph Stiglitz told WSJ: "They made it very clear that they are headed for foreign-exchange-rate unification," and it appeared the issue was "being dealt with fairly quickly." There was already evidence that the country's currency was overvalued, even at the unofficial rate, echoing complaints made by Myanmar exporters over the past year who have said a flood of investment related to natural resources has helped push the kyat higher. Mr. Stiglitz said he felt confident Myanmar's government was serious about other reforms, as well. He also indicated he supports the lifting of sanctions, which he says "would help" by bringing in more companies "with good corporate responsibility rules," which could help boost economic growth while minimizing problems associated with environmental degradation and other issues linked to underregulated development.
In Myanmar, sanctions have had their day  Louise Arbour, New York Times - 5 March 2012 The former UN High Commissioner for Human Rights and since July 2009 President and CEO of the International Crisis Group, Louise Arbour argues that skepticism and undue prudence towards Myanmar will only slow down the reform process and risk becoming a self-fulfilling prophecy of failure. Rather, it is time for encouragement and support to achieve the mutual goal of opening up Myanmar and improving the plight of its mostly impoverished people. This will require subtlety in policy making by Western governments, and a political effort commensurate to the one being made by the Burmese authorities themselves. First, finding new reasons to keep restrictions in place is the wrong approach. Using sanctions to force a solution to the outstanding ethnic conflict involving the Kachin armed group is a clumsy tactic that puts pressure only on the government and encourages the other side to fight on for a better deal. Secondly, blanket prohibitions on trade, financial transactions, or development aid should no longer be used to address single-issue bilateral agendas such as people smuggling. Finally, exclusively taking the lead from the National League for Democracy’s Aung San Suu Kyi on when to end sanctions and restrictions will no longer be appropriate once she takes up a new role as the leader of a minority party in Parliament. Read more..... The Sanctions Debate
Myanmar by-elections vital for EU sanctions move - Andris Piebalgs  Reuters - 13 February 2012 "There is concern (on the government side) that they've made reforms, they released political prisoners, they opened up, but the sanctions are still in place," European Development Commissioner Andris Piebalgs told reporters."Now it's very clear that the watershed is elections in April. If it goes as expected and is free and fair, then everyone would expect the easing of sanctions to continue." "The restrictive measures are definitely affecting their growth ..... The restrictive measures are painful for them because they see their potential for foreign investment," Piebalgs said of the sanctions. "I had to explain that this takes time. Suspending some measures, it needs consensus from 27 countries and that's not such an easy thing to achieve in the EU." Derek Tonkin comments: Most EU members are now pressing for common sense on sanctions as they are seen to be so counterproductive. Reasonably free and fair by-elections on 1 April should provide the opportunity to cut loose this millstone around EU necks, but the UK and others are still likely to be influenced by Suu Kyi's apparent unwillingness to surrender the sanctions card. In the US, legal and congressional procedures could delay a resolution of the sanctions issue until after the November presidential election. Time for talk on sanctions is over The Myanmar Times - 30 January - 5 February 2012 Aung Tun, a research fellow with the policy think-tank Myanmar Egress, comments: "I don’t want to say that the sanctions policy has failed or even been counterproductive; instead I would say it didn’t work out as intended. For instance, while business tycoons targeted by sanctions - along with their sons, daughters and other relatives - have enjoyed access to quality education and healthcare abroad, and even the chance to shop in Singapore, Malaysia, and Thailand, the majority of the population has seen almost every service provided by the government deteriorate. They have been largely unaffected by the sanctions, while we have suffered not only because of sanctions but also the mismanagement that prompted the sanctions to be put in place. This has exacerbated inequality in our society. It seems almost as if the carrot has been applied to the cronies and the stick to the poor." Derek Tonkin writes: I agree. This explains why those who apply sanctions against Myanmar have never dared issue an independent public assessment of their effectiveness. Latest News and Comment
Why Suu Kyi believes in a new Burma Ottawa Citizen - 18 November 2011 Damien McElroy of the Daily Telegraph reports that Miss Suu Kyi has been a long time supporter of Western sanctions against the ruling military junta, but on Thursday she softened her stance. "We have not been passive about sanctions when we thought we should have them," she said. "This is not a time to be passive but to be slightly neutral while we wait to see." Recent reforms have put pressure on the Western states that supported Miss Suu Kyi's struggle against the junta, who shifted the onus back to her allies on Thursday, saying: "With regard to sanctions there are conditions that were imposed by the countries concerned. When those conditions are met I don't think anyone will have to call for sanctions to go." Restrictive measures against Myanmar/Burma: Council Decision 2011/239 House of Commons European Scrutiny Committee - 19 October 2011 Note by Network Myanmar: The European Scrutiny Committee scrutinises draft EU legislation - in this case Council Decision 2011/239 of 12 April 2011 - on behalf of the House of Commons and assesses which proposals are of particular political or legal importance. It draws these proposals to the attention of the House through weekly Committee Reports and by recommending some draft legislation for debate. Extracts from the report on 'Documents considered': In his Explanatory Memorandum dated 11 April 2011, the Minister for Europe (Mr David Lidington) said "that the Coalition Government's position was that there should be no easing of EU restrictive measures in the absence of tangible progress in Burma. Negotiations in the EU had been tough. A number of Member States were minded to see the political developments in Burma as progress and pressed for a relaxation of restrictive measures. But the Government had secured a technical rollover of the Council Decision for a further 12 months, with the existing framework of sanctions protected and maintained. .......The Government had remained in close contact with Aung San Suu Kyi, as well as with other democratic groups, during the EU negotiations and had agreed the steps above because they are in line with Aung San Suu Kyi's wishes to promote dialogue with the government and to encourage a move towards more democratic institutions." The Minister wrote on 4 August 2011 to update the Committee on changes to the annexes of Council Decision 2011/239. "He noted that agreement to the roll-over of sanctions on Burma in April included a technical review of the annexes in order to ensure they remained accurate and relevant; this review had now been completed by the EU Missions in Rangoon (in which the UK mission in Rangoon had played a prominent role) and the recommendations agreed in the EU. Mr Lidington added in an Explanatory Memorandum dated 7 October 2011: "Our Ambassador to Rangoon remains in close contact with Aung San Suu Kyi and most recently met her on 27 September. She hopes to have a clearer view within the next month of whether the Burmese authorities will follow through on their pledges to announce and implement substantive reform. The Government will continue to engage closely with Aung San Suu Kyi and will be ready to issue a coordinated response to either progress or the breakdown of talks." Derek Tonkin writes: The extent to which UK and by extension EU policy on Myanmar/Burma has been made dependent on the views and wishes of Daw Aung San Suu Kyi should cause unease. There are other Opposition voices in Myanmar, among both political parties and local NGOs, which are critical of what is seen as her negative approach to development aid, her ambivalent attitude on even Technical Assistance from International Financial Institutions and her lack of support for labour-intensive industries in the non-crony private sector, like garments, textiles and seafood which have been seriously affected by sanctions. [See also Documents considered by the European Scrutiny Committee on 27 April 2011] Jade or JADE? Debating international sanctions on Burma's gem industry Asia Pacific Bulletin - 13 October 2011 Renaud Egreteau examines the problems in implementing sanctions against Myanmar's jade and gem exports under the 2008 JADE Act and suggests that "an independent transnational regulation body "as envisaged in the Act "to trace Burmese gemstones, starting with rubies.....would be a constructive start." Derek Tonkin comments: In September 2009 the US Government Accountability Office drew attention to the serious technical problems in implementing aspects of the JADE Act. It is unlikely that there would be any international support for the body suggested by Mr Egreteau, not least because of the cost of setting up and servicing such a technical organsation, and the fact that Burmese rubies are exported in rough state and all the processing through heat treatment, which adds 90% of the value to the rough stone, is done outside Myanmar in countries which would have no interest in being associated with such a project. In short, not a practical option. "What is to be done?" - Lenin 1902  Myanmar Briefing Note No.5 - 25 September 2011 Derek Tonkin highlights the need for an agreed assessment of sanctions applied against Myanmar in order to eliminate those which are not well targeted. This would be consistent with US Special Representative Derek Mitchell's mandate to coordinate sanctions policy and might be arranged through the UN Secretary-General's "Group of Friends" on Myanmar, with the support of Suu Kyi whose party, the National League for Democracy, asked for an assessment in its 11 February statement on sanctions. Burma Sanctions Regime: The half-full glass and a humanitarian myth Burma Independence Advocates (London) - August 2011 A preliminary assessment of political and humanitarian conditions under sanctions. Note by Network Myanmar: A comprehensive and well-structured study on the impact and effectiveness of sanctions. It is unfortunate, as the authors say, that governments seem unwilling to meet the request in February 2011 by the National League for Democracy for "an analysis by a team of widely respected professionals on the effects of sanctions". How sanctions made Burma's richest man Derek Tonkin notes: Sanctions have also deprived the Burmese people of some US$ 2 billion annually in Overseas Development Assistance (ODA), as Myanmar receives per capita only one-tenth of ODA enjoyed by fellow ASEAN members Laos and Cambodia. The West, though, is trapped up to its neck in the swamp of the sanctions it has imposed and cannot, indeed dare not escape without upsetting Suu Kyi and losing face. David Steinberg on: "The Folly of more Burma Sanctions"
US Embassy Bangkok cable about Thai loss of the Burmese ruby trade ABC News Foreign Correspondent - 'The Lady on the Lake' 19 July 2011 Western sanctions aren't working The costs, achievements and collateral effects of Australia's financial sanctions It's time to fine tune sanctions on Burma - Markus Loening "We have a few months to get the EU line on Burma right: that is, oriented towards opening up the political system, accelerating the process of modernisation, providing greater economic and political choices for the Burmese. Sanctions should be a sensitive, political instrument not a caveman’s club. "We have reached one of those rare moments when European foreign policy can make a difference. This is the time for intelligent dialogue with all groups in Burmese society." Sanctions are much less effective than we're led to believe Counterproductive sanctions on Burma should be lifted Impact of Sanctions - North Korea, Burma/Myanmar, Iran, Zimbabwe EU Sanctions on Burma: Is the Tide turning?  Agencies- 30 April 2011The ad hoc Group of Democratic Party Friends (GDPF), an alliance of 10 Burmese political parties and the All Mon Region Democratic Party, has asked the European Union to renew Burma’s Generalized System of Preferences (GSP) status. Dr. Than Nyein, chairman of the National Democratic Force party, is one of 11 party leaders who are calling for the EU to renew Burma's status as a developing country that should receive lower tariffs. Photo: MizzimaA letter sent to the EU on Thursday said that if GSP status is renewed, small and medium-sized businesses throughout the country would have more economic opportunities. Tay Za: Sanctions "obviously unfair"
The Future (Yangon) - 22 April 2011 Billionaire entrepreneur Tay Za downplays Western sanctions and stresses the role of Myanmar’s connections with Asian countries. ‘We are making use of more and more Asian products.' Western sanctions on the gems business and on the hotel and tourist industries show an ‘immoral’ attitude on the part of the US and European countries towards the people. Global Post from Jakarta - 20 April 2011
Jim Della-Giocoma of the International Crisis Group argues that sanctions don't work. The time is long overdue to change these failed policies and try a new way to achieve the same goals. Burma sanctions debated after change in government
Voice of America - 18 April 2011 Experts offer different views on sanctions and engagement, but all agree that diplomacy is needed. Highlights - 1 April 2011
The Economist - 31 March 2011
Pressure is building on the NLD. Two weeks ago the influential International Crisis Group issued a damning report against sanctions. European ambassadors have been listening to all opposition views in Yangon as they conduct their annual review of the issue. Much will depend, as ever, on Ms Suu Kyi. The ambassadors will not defy her wishes if she demands that sanctions remain. But she has become almost Delphic on the subject. EU 'Common Policy' on Burma/Myanmar: A time for serious review Network Myanmar News Release - 28 March 2011 The annual review of the EU's 'Common Policy' on Burma/Myanmar is due next month by the Foreign Affairs Council when sanctions will come up for renewal. Network Myanmar argues that a definitive and publicly available assessment of sanctions is already long overdue. Pyidaungsu Hluttaw debates sanctions The New Light of Myanmar - 26 March 2011 The Assembly of the Union debates the Motion that: "This Hluttaw opposes the economic sanctions imposed againt Myanmar", which was passed by 625 votes in favour, four votes against and five abstentions. UK pressing for EU Sanctions to be rolled over in April 2011 Hansard, House of Lords - 23 March 2011
Questions asked by Baroness Kinnock of Holyhead:
The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford):The UK has frozen £52,000 as a result of the European Union sanctions against Burma. We cannot ascertain how much money has been frozen in the European Union as a whole, as member states are not required to report on this.
Lord Howell of Guildford: The Government do not encourage trade and investment in Burma. Our international partners are well aware of our concerns over investing in a country with an appalling human rights record where money goes directly into the pockets of the regime. EU sanctions include a ban on imports, exports and investments in the Burmese timber, gems and precious metals sector, which are key sources of revenue for the military regime. My right honourable friends the Foreign Secretary and the Minister for Europe and senior UK officials have all held talks with EU counterparts to ensure that sanctions are rolled over in April.
Note by Network Myanmar: In the light of current public controversy about the effectiveness of sanctions, it is unlikely that at this early stage of the new administration in Nay Pyi Taw any policy change on sanctions by the EU would be made. There is however pressure within the EU for sanctions to be re-examined in an attempt to ascertain to what extent the Burmese population generally might be affected and to modify sanctions appropriately. The fact that the UK is now the largest bilateral aid donor and that the need for development as well as humanitarian aid is now widely accepted may help to achieve a more rational policy. Network Myanmar - 13 March 2011
An alliance of ten democratic political parties in Myanmar which won seats in the November 2010 elections has sent an Open Letter to the European Union seeking their support and understanding in lifting economic sanctions against Myanmar at the annual review of EU Common Policy due shortly. The alliance expresses particular concern about sanctions and restrictive policies of a generalised nature which affect the population in labour-intensive industries like garments and seafood, which generally prohibit trade in certain products and commodities and which broadly discourage tourism, trade and investment, to the detriment of the well-being of the population at large.
Myanmar's Post-Election Landscape
International Crisis Group - 7 March 2011 As Myanmar enters a new political phase and General Than Shwe hands over power to the next generation of leaders, there is a critical window of opportunity to encourage greater openness and reform. Unfortunately, this opportunity is likely to be squandered. A small number of influential countries place a higher priority on appearing “tough” on the Myanmar issue, rather than on being effective - satisfying unrepresentative domestic lobby groups at the expense of developing sound policies. Improved policies must start with the recognition that sanctions have counterproductive effects, some more obvious than others. As a first step, restrictions on development assistance should be lifted, and levels of aid dramatically increased, in line with donor standards on accountability and fiduciary responsibility. Restrictions on technical assistance from international financial institutions should be removed. These institutions should actively engage on the full range of pressing concerns such as poverty alleviation, social and economic policy reform and capacity building. Mandate restrictions on UNDP and other UN agencies should be lifted. Broad-based economic sanctions - particularly the U.S. import ban, the EU’s sectoral sanctions and the denial of GSP - should be immediately lifted. ICG Press Release - 7 March 2011
Reuters - 20 February 2011
Comment by Network Myanmar: The regime in Myanmar, which is in the process of changing from direct military rule to a parliamentary system, remains unimpressed by the argumentation by the National League for Democracy that sanctions only hit the regime and its supporters. Unfortunately political correctness in the Western world inhibits the preparation and public release of any independent analysis of the impact of sanctions. The slogan has become: you are either for Suu Kyi and sanctions and against the military regime, or for the military regime and against Suu Kyi and sanctions. One of the conclusions in 2007 of the Select Committee of the House of Lords relating to Myanmar was that: "The evidence suggests that UK sanctions on Burma should not be regarded as targeted sanctions, particularly since the policy of discouraging trade, investment and tourism hits the economy generally and consequently hurts the ordinary Burmese people."
Myanmar: Where the generals play and the people pay Globe and Mail (Canada) - 18 February 2011 A devastating indictment of Western sanctions policies in this seven page article, which also exposes the pointlessness of Canadian claims to have imposed the toughest sanctions in the world. Here are some extracts: Many aid workers complain that Canada has chosen the cheap high ground. “Except for the generous assistance after Cyclone Nargis [in 2008]… the only things the Canadian government has done for Myanmar are granting Aung San Suu Kyi honorary citizenship and imposing the toughest sanctions in the world. Neither of which costs the taxpayers of Canada a single dime or does anything for the people of Myanmar,” says Andrew Kirkwood, a Canadian who heads Save the Children Myanmar. “No one who understands transaction costs would support sanctions,” says Nay Win Maung, director of Myanmar Egress, an independent civil-society organization based in Rangoon. “Sanctions affect the grassroots. It's an empirical reality.” Unlike Myanmar, South Africa didn't have neighbours such as China, Thailand, Singapore and India, which have flouted the sanctions almost since the beginning. Late last month, the Association of Southeast Asian Nations (ASEAN) made its position even plainer, calling for sanctions to be lifted “to ensure that economic development in Myanmar can take place.” Thanks to these neighbours, Myanmar's elites aren't suffering. The shelves at CityMart, a high-end chain of supermarkets with locations around Rangoon, are stocked with French and Australian wines, Chinese snacks, L'Oréal makeup, Gillette razors and Alpo dog food. But few ordinary Myanmarese have ever walked the store's air-conditioned aisles. “Look at what's in the shops: If you have the money, it's there,” says a Western businesswoman who asks not to be named. She says Western investment would actually improve the human-rights situation by introducing practices such as environmental-impact assessments and labour standards that firms from China and ASEAN aren't known for. Europe's Burma Sanctions Dilemma Friends of Europe - 16 February 2011 Ms Shada Islam highlights the political dilemma facing Europe who are due to make their annual reappraisal of sanctions policy against Myanmar on 30 April 2011. The writer notes that internal valuations of the effectiveness have been made by the EU but never made public. They are said to paint a disastrous picture of the impact of Western economic sanctions as counterproductive on the political level and as regards impact on the people. Note by Network Myanmar: The only authoritative 'official' assessment ever published on the effectiveness of sanctions was made in 2007 by the Economic Affairs Committee of the House of Lords. The Committee called for an urgent enquiry, but the British Government rejected the proposal on the grounds that "the EU’s policy is already subject to internal review and the Government does not see the merit in holding a separate enquiry", and even though pressed during the subsequent debate in the House of Lords. NLD sanctions statement off the mark
Myanmar Times - 14-20 February 2011 Politicians and businessmen in Myanmar tell The Myanmar Times of the ways in which sanctions have had both a direct and indirect impact on their livelihoods and those of ordinary people, not least in rural areas. Note by Network Myanmar: It is difficult to avoid the conclusion that the NLD review was designed mainly to achieve maximum international political impact. As a technical paper, the NLD document is much too succinct and selective to present a convincing case. This is a high risk strategy by the NLD as the vast majority of the Burmese population has never been actively conscious of Suu Kyi's predilection for sanctions and the NLD's loss of political support, especially now that they are deregistered and other pro-democracy parties represent the legal Opposition in Parliament, might be considerable. Four Articles on the NLD and Sanctions by Yan Gyi Aung
Note by Network Myanmar: Suu Kyi's current stance on sanctions is designed primarily to secure a 'locus standi' in negotiations over Myanmar's future, though the regime has indicated that they have nothing to negotiate with the West, where sanctions are concerned.
We do not wholly agree with the New Light of Myanmar assessment of the authorship. Suu Kyi's style tends to be Olympian, refined, imperious. Some of the formulations are too racy and jargonistic for Suu Kyi to have drafted herself. On the other hand, the eight-point concluding paragraph is vintage Suu Kyi. A composite product. The four articles point to the differences of approach between the National League for Democracy and the the author of the four articles, which reflect the regime's position. In essence, you can draw a distinction between statutory sanctions imposed by the West which are designed to target the regime and its supporters, but unfortunately have wider repercussions in many cases; and non-statutory sanctions, which primarily include restrictions on Overseas Development Assistance (ODA) - including humanitarian and emergency relief - and on Foreign Direct Investment (FDI). Sanctions-induced restrictions on ODA and the official discouragement of FDI across the board mainly have repercussions on the population at large. Suu Kyi: No reason to lift sanctions
Reuters -12 February 2011 Suu Kyi, asked by Reuters at a party function today to elaborate, said sanctions had to be discussed. "Whether or not to lift the sanctions is something to be decided after discussions," she said. "At the present situation, I don't see any reason to lift the sanctions." She did not elaborate on who should discuss the issue. Note by Network Myanmar: In their 8 February review of sanctions, the NLD suggested that "a study and anlaysis by a team of widely-respected professionals on the effects of sanctions would be beneficial" to discussions with Western powers. Suu Kyi seeks to discuss sanctions with the West A detailed commentary on the NLD Statement by Derek Tonkin NDF announcement on sanctions Suu Kyi says sanctions should remain Note by Network Myanmar: It is difficult to reconcile her call to the Davos World Economic Forum for cautious, prudent and responsible investment with her continuing support for sanctions which include comprehensive investment sanctions by the US and restricted investment sanctions by the EU against certain individuals and also against certain sectors of the economy. Time to lift economic sanctions
Aung Naing Oo - 25 January 2011 The writer argues that economic sanctions are impeding the Western world in its search for a solution to Myanmar's problems. It is not only that they simply have not worked. Sanctions need to be removed so that a possible avenue to national reconciliation may be opened. Note by Network Myanmar: The task facing groups like Network Myanmar is how best to save Western Governments from the self-evident folly of their policies. Sanctions hang like a millstone round their necks and they are caught in a vortex of their own making. This impels them against their better judgement to take actions which only consolidate military power in Myanmar. Western Governments are fully aware of this, but domestic political imperatives mean that they dare not lose "face". Pressure grows for an end to Myanmar sanctions Agence France-Presse - 23 January 2011 A spokeswoman for EU foreign policy chief Catherine Ashton has reportedly said that the European Union was "following the situation in Myanmar very closely...(but) wants to see what the government will do," notably in terms of human rights. The views of Suu Kyi are however likely to continue to influence US and EU actions. Note by Network Myanmar: It is apparent that the debate on sanctions is now centering on Suu Kyi. Her views on sanctions are not necessarily, or indeed at all reflective of popular thinking, but are held to be so in Western government circles, as a matter of political correctness. NLD favours keeping targeted sanctions in place The Irrawaddy - 17 January 2011 The National League for Democracy (NLD) has said it would continue to support targeted sanctions against the country's ruling regime while the party is reviewing other trade sanctions. “We have consistently supported the targeted sanctions against the regime leadership and its cronies, and we will continue to do so. But as we have said, we will review trade sanctions to find out if they are hurting the people,” said Win Tin, a senior NLD leader. His comment followed calls by the foreign ministers of the Association of South East Asian Nations and also by an alliance of five ethnic political parties in Burma for an end to Western economic sanctions against Burma. “Such calls are dishonest and those who made them are merely toeing the line of the military regime,” said Win Tin, adding that the sanctions have hurt the junta and its cronies and helped the opposition in its struggle for democracy. Note by Network Myanmar: Win Tin does not day in what ways sanctions have helped the opposition. The NLD is on the point of being disbanded. DVB report of Win Tin's remarks NDF supports lifting of all non-targeted sanctions Mizzima - 20 January 2011 The National Democratic Force (NDF) party says that all non-targeted economic sanctions on trade and investment should be lifted by the international community because they harm the livelihood of ordinary Burmese.Three types of sanctions are found in Burma’, NDF leader Khin Maung Swe said. ‘They are targeted sanctions, trade embargos and investment sanctions. Targeted sanctions are the freezing of assets owned by a targeted individual or organisation. However, trade embargos and investment sanctions affect average people’. The last two sanction categories in reality hinder the development of human rights and democratic change in Burma, he said, because they hamper and delay social and civic growth in the country. ‘We cannot say they do not affect the common people. When trade embargos were imposed on Burma, the garment and textile industry were seriously affected, and it had a direct impact on the economy of our country. Non-targeted sanctions are one of the reasons for our poor economic growth, and they do not take into consideration the negative impact on ordinary people’, he said. Another political party, the Democratic Party (Myanmar), led by veteran politician Thu Wei, advocates the end to all categories of economic sanctions.The lifting of targeted sanctions against military leaders and their business associates could increase the chances that all political prisoners would be released, Thu Wei said. ‘I think it would be better if all these sanctions were lifted’, he said, adding that this month he sent letters of appeal to various embassies in Rangoon. Note by Network Myanmar: Defining sanctions is crucial to any analysis. If the Western moratorium on development aid through the IMF, ADB and World Bank is included, then less than 10% of Western sanctions applied are in fact "targeted". All other sanctions are generalised, that is, not specifically targeted. See Network Myanmar briefing presented to Suu Kyi. The NDF leadership is mainly composed of former senior officials of the National League for Democracy. Agence France-Presse reporting of Khin Maung Swe's comments. The European Union should reassess their policy on sanctions Network Myanmar News Release - 18 January 2011 Network Myanmar calls on the EU to conduct a review of their sanctions policy in the light of ASEAN support for their early removal as sanctions are a major impediment to political change and economic improvement. Ethnic MPs urge lifting of sanctions Agencies - 18 January 2011 International sanctions against Burma have hindered economic development in ethnic areas and should be removed, according to several ethnic political parties. A total of 20 lawmakers-elect from the Shan National Democratic Party (SNDP), the All Mon Region Democracy Party (AMRDP), the Rakhine Nationalities Development Party (RNDP), the Chin National Party (CNP) and Phalon-Sawaw Democratic Party supported the lifting of sanctions at a joint meeting on January 15. The parties urged the international community to lift economic sanctions as a way to promote economic growth. As expected, Win Tin, enfant terrible of the defunct NLD, does not agree: DVB - Irrawaddy. A translation of the text of the statement is at this link. ASEAN leads charge to end Burma boycott Bangkok Post - 17 January 2011 The Association of Southeast Asian Nations has agreed unanimously to call on the international community to end its boycott of Burma. The grouping backed its call by citing Burma's election late last year and the release only a few days later by the military junta of pro-democracy leader Aung San Suu Kyi. Foreign Minister Kasit Piromya raised the issue for talks with other ASEAN foreign ministers. Mr Kasit said Asean should encourage support for Burma's new democracy. The regional grouping should also help bring about national reconciliation, elevate its people's quality of life and promote trade, investment and tourism, he said. "When Burma becomes a democratic society, it is not the duty of the international community to set up a committee to manage the conflict, like in the past. We have to be confident that Burma can resolve its problems by itself," said Mr Kasit at the ASEAN Ministerial Meeting, which ends today. Indonesian Foreign Minister Marty Natalegawa, who is ASEAN chair this year, said the bloc advocated "an immediate or early removal or easing of sanctions that have been applied against Myanmar by some countries. We believe that the international community needs to respond to recent developments to ensure that economic development in Burma can take place." Mr Kasit said ASEAN would encourage the Burmese government to talk with Ms Suu Kyi to help the national reconciliation effort and would seek to persuade Burma's ethnic minority groups to stop fighting with the junta. ASEAN will ask Indonesia to send a delegation to Burma later this month to meet with the elected government and to observe its development. Renewed registration of Ms Suu Kyi's political party, the National League for Democracy, is among the issues to be raised with the Burmese government, he said. Associated Press - 16 January 2011
Foreign Ministers of ASEAN have called for the lifting of sanctions during their "retreat" on the island of Lombok in Indonesia Reuters report - 16 January 2011 Myanmar ethnic parties urge lifting of sanctions Political parties call for an end to economic sanctions Burma release of Suu Kyi eases pressure for sanctions "Pause for Thought" "End sanctions on Myanmar"
International Herald Tribune - 30 December 2010 Philip Bowring, a former Chief Editor of the Far Eastern Economic Review, writes that "it is time the West ended its sanctions against Myanmar, whether or not the opposition leader Daw Aung San Suu Kyi and Burmese exile groups agree. This is not to imply that the recent elections were anything other than rigged, or deny that the regime remains ruthless, corrupt and incompetent. But sanctions are neither in the interests of the West nor of the majority of Burmese for whom livelihood issues are the dominant concern."
Note by Network Myanmar: A main reason for the removal of sanctions is that whatever effect the West might have achieved has been more than neutralised by finance and investment from China and other Asian countries. Ineffective sanctions are not necessarily pointless if they irritate psychologically and send a strong message, but in the case of Myanmar they also highlight the extent of policy differences between East and West, which tends to work in favour of the regime. Interview with Aung San Suu Kyi Note by Network Myanmar: We think most economists would indeed agree with this statement. However, economic sanctions are mainly of a statutory nature and because of the low interface of economic and commercial relationships with Myanmar, even a total embargo by all Western countries of the kind the US has introduced would be likely to have only a limited effect. The more serious problem arises from the denial of basic development assistance for the population, enacted by the US in 2003 and by the EU in 2004. This denial has blocked all funding by international financial institutions like the World Bank, International Monetary Fund and Asian Development Bank, depriving Myanmar of some US$1.5 billion annually. In addition, most Western countries actively discourage all other trade, investment and tourism which is not specifically restricted by statutory regulations. Such denial and discouragement tend not to be classed as "sanctions" by the West, but are glossed over as "policy decisions" and "recommendations". Suu Kyi has been made well aware in recent weeks that such broader sanctions primarily affect the population.
House of Lords Oral Question on the role of China in Burma/Myanmar In a debate in the House of Lords on 12 October 2007, Lord Howell made comments which are the exact opposite of what he now has to say as a Minister: Lord Howell of Guildford [Economic Consultant, former Secretary of State for Energy and Transport and former Chairman of the Select Committee on Foreign Affairs] "Burma is in all our minds. We are reminded that a whole range of economic sanctions has been in place for years, including the UK’s range of sanctions, which are more extensive than many others in Europe; namely, trade and investment sanctions, and heavy warnings and discouragements from the Government about getting involved in Burma at all. Have sanctions helped? The report is blunt and says that they have not. They have hurt ordinary people and made zero impact on progress to democratisation, which is very much the view so eloquently put by the noble Lord, Lord Ramsbotham, and I sympathise. It is evident that all the cries of disassociation and disengagement [encourage tourists to?] stay away. Sanctions are much argued about, particularly on the so-called compassionate left of politics, but have had the opposite results and merely caused enormous suffering among a people who are longing for more contact, not less." Washington's Burma policy isolates......Washington Burma: the Sanctions Issue Daw Aung San Suu Kyi has said that she wishes to review sanctions, to understand how they might be affecting the population. Here is a briefing which has been presented to her in Yangon. Sanctions against Myanmar are of three main categories. In order of severity in terms of affecting the general population, they are: 1. The blocking by Western countries of funding from international financial institutions (IFIs), notably the World Bank, the International Monetary Fund and the Asian Development Bank. This embargo means that Burma is at the bottom of the list of recipients of Overseas Development Assistance (ODA). ODA in 2008 for Burma was only US$ 10.7 per capita per annum, compared with US$ 43.6 for Vietnam, US$ 47.9 for Laos and US$ 51.6 for Cambodia. Burma is thus missing out on some US$1.5 billion ODA each year for infrastructure and other development projects for the population as well as for essential financial restructuring. Western countries are likely to continue to block such funding because this would need to be negotiated with and channelled through the Government. There would be strong resistance to this both from the US Congress and White House as well as from the EU. For this reason, Western action against IFIs is rarely included in any sanctions review by the West. Recommendation - IFIs should be encouraged to carry out economic and financial restructuring analyses which are an essential preliminary to any eventual funding in 2012 and beyond. 2. The official discouragement of trade, investment and tourism. This is a powerful disincentive which inhibits Western traders, investors and tourists from deals, investments and visits. However, it is too broad based and affects both private as well as State businesses and enterprises. Western Governments are inclined to argue unconvincingly that their discouragement is only a "recommendation" and not a sanction proper. Recommendation - Western Governments should cease to discourage all activity relating to the private sector in Burma. 3. Statutory sanctions are not all that effective because the interface between the West and Myanmar in trade and investment has for many years been so modest. Statutory sanctions are supposedly targeted at State, military and "crony" interests. US sanctions though are very broad and virtually amount to economic warfare, but US Deputy Secretary Kurt Campbell acknowledged to a congressional committee last year that they only cause "modest inconveniences" while (former) French Foreign Minister Bernard Kouchner went so far as to tell the Foreign Affairs Committee of the French National Assembly earlier this year that "they serve no useful purpose". Most Western countries impose asset freezes and visa restrictions against senior members of the regime and seek to prevent investment in their enterprises and to ban exports of products like timber, precious stones and metals. However, the trade and financial measures are in many respects poorly targeted, affecting for example small family businesses in the furniture and jewellery sectors with no known connections with State, military or crony interests. Western Governments doggedly maintain that their statutory sanctions are only carefully targeted. They must realise that this is not true. • Lift sanctions burden from Burma Suu Kyi to revisit sanctions Wall Street Journal - 20 November 2010 Suu Kyi signals her willingness to consider arguments for ending the Western economic boycott of Myanmar. Suu Kyi's release starts sanctions debate Financial Times - 18 November 2010
Tim Johnston considers the opening up of Myanmar to foreign investment, a tantalising prospect, though so much would seem to hang on the wishes of Suu Kyi who exerts a remarkable influence over Western policy. New York Times - 17 November 2010
Brahma Chellaney, Professor of Strategic Studies at the Center for Policy Research in New Delhi, contrasts Western treatment of Myanmar and China. He concludes: "Despite Aung San Suu Kyi’s release, the seeds of democracy will not take root in a stunted economy. External penal actions without constructive engagement and civil-society development in a critically weak country defeat their very purpose." Where Aung San Suu Kyi is wrong Forbes.com - 16 November 2010
Shaun Rein, MD of China Market Research Group, argues that Suu Kyi should be promoting active economic engagement instead of sanctions. Note by Network Myanmar: Ever since June 1989, Suu Kyi has called for sanctions, though since May 2002 this pressure has been described as "support" for such sanctions as might be imposed by the West. Myanmar pays the price for our lofty principles Suu Kyi calls on Europe and Germany to be more supportive Daw Aung San Suu Kyi offers to review sanctions Institute for Security and Development Policy - 2 June 2010
Agnes Frittin and Nilas Swanström argue that following the elections (on 7 November 2010), the EU must be prepared to respond to a new government, and to undertake incremental steps in policy development. The GSP option is therefore a concrete possibility to communicate unambiguously that a normalization of relations is possible. For once, the EU would lead the way.
Guernica - June 2010 Joel Whitney interviews Morten Pedersen on the sanctions issue. European Sanctions against Myanmar In this analysis, Agnes Frittin, Associate Fellow at ISDP, and Niklas Swanström, Director of ISDP, argue that: "EU sanctions against Myanmar have been a long line of failures, as most sanctions are. What we see today in Myanmar is not a weakened government and political change, but stronger governmental control of resources and people, and increased interaction with, and influence of primarily China, but also India, Thailand, Russia and other actors, with the marginalization of European inter-action and influence. This was not what the EU sought. An open-minded analysis needs to be made by the EU regarding the continuation of the its sanctions policy." Note by Network Myanmar: The authors posit alternative policies in order to promote European interests and universal values. A perceptive and responsible analysis, proposing a pro-active approach to improving human rights in Myanmar. The Notification of Stated Reasons and the Pakokku Eight Burmese Perspectives - 24 October 2009
French Foreign Minister admits that sanctions are useless French Foreign Minister Bernard Kouchner floated the idea Wednesday of holding direct talks with the Burmese junta after acknowledging that sanctions had yielded no results."There is an idea that is new out there," Kouchner told the French Parliament's foreign relations committee. "Sanctions are useless and everyone recognises that. Should we not then show a greater openness to this government?" he said. Kouchner noted that the US administration of President Barack Obama was reviewing its approach and considering a new strategy to engage Burma. "Maybe we would be more useful if we took part?" Kouchner asked. Note by Network Myanmar. The official report of the meeting reads: "Mme Aung San Suu Kyi vient en effet de se voir signifier une peine supplémentaire de prison destinée à l'écarter d’une campagne électorale qui pourrait déboucher, si le scrutin n'était pas truqué, sur une victoire de la Ligue démocratique. Que peut-on faire, en dehors de quelques aides ponctuelles ? Nous avons beaucoup discuté à New York, où est apparue chez nos partenaires l'idée un peu nouvelle que les sanctions ne servent à rien - il est vrai que tout a été fait en dehors d'une action qui affecterait les comptes des généraux dans les banques de Singapour – et qu'il faudrait peut-être faire preuve d'une plus grande ouverture envers ce gouvernement. Conformément à la volonté de M. Obama d'ouvrir le dialogue sur tous les fronts, les Américains semblent prêts à s'engager dans cette direction." Our own unofficial translation of this record is: "Mme Aung San Suu Kyi has indeed just found herself sentenced to a further term of imprisonment which would remove her from an electoral campaign which could lead, if the voting is not rigged, to a victory for the National League for Democracy. What can we do, apart from providing some timely aid? We discussed this a lot in New York, where the rather new idea came to our partners that sanctions are useless - it is true that everything has been done apart from action which would affect the accounts of the generals in Singapore banks - and that we should perhaps try a greater opening up towards this government. Following the willingness of Mr Obama to open a dialogue on every front, the Americans seem ready to engage in this direction." Trade in Burmese Rubies and Jadeite In their Report required by the Tom Lantos Block Burmese JADE Act in 2008 to assess the effectiveness of the section of the Act prohibiting the import of Burmese origin jadeite, rubies and related jewellery, the Government Accountability Office (GAO) concludes that, while US Agencies have taken "some steps" to implement the Act, "serious impediments remain" to restricting the trade.
On the international level, US Agencies would seem to have underperformed in every respect. No UN General Assembly Resolution has been attempted, because it would be sure to fail; no waiver has been sought from the World Trade Organisation (WTO) because that too could founder and could leave the US exposed to challenge; no international meetings have been called to discuss a global arrangement similar to the Kimberley Process for restricting trade in diamonds as there would seem to be no international support.
The GAO also noted that virtually all the jadeite (a relatively rare and high-quality form of jade) mined in the Kachin State of Myanmar is sold at Government auctions in Rangoon and exported to China where the price continues to rise, while most Burmese rubies are sent overland to Thailand for processing and only some highest-quality stones are actually sold at Government auctions. Thai jewellery sources claim that exports of jewellery to the US are declining mainly as a result of the JADE Act and that there have been significant cutbacks in the Thai jewellery industry, estimated at between 100,000 and 120,000 Thai workers employed. Some representatives of the US and foreign jewellery trade have said that "US import restrictions have little impact on the military regime and negatively impact small-scale miners and traders in Burma and jewellery workers in Thailand."
The negative assessment of the international implications is shared by the US State Department who in a letter appended to the Report note that the characteristics of the trade make implementation of the ban in the US and on an international scale "logistically difficult, cumbersome and possibly expensive" and that a world-wide consensus on such a ban is clearly lacking. In a related recommendation, the Report calls on US Agencies "to analyze the efficacy, challenges, and difficulties faced in implementing measures to restrict trade in Burmese-origin rubies, jadeite, and related jewelry in the context of the broader U.S. sanctions provisions in the JADE Act, and report to Congress how these measures will contribute to its efforts to influence the military regime in Burma." How indeed! Comment by Network Myanmar: The GAO Report highlights the wishful thinking of the legislators in placing requirements for international action on US Government Agencies which stand no chance of success and which it would be foolish even to attempt, while at the same time pressing for so-called "targeted" sanctions which either have not the slightest effect on the regime (sales of jadeite to China) or in some measure impact the very people who were not intended targets (small-scale Burmese miners and Thai workers in the jewellery industry). There is however no doubt that the military regime and its agencies generally control the ruby trade and this is insufficiently highlighted in the Report. On reflection, the JADE Act ("Junta's Anti-Democratic Efforts") would seem to have been something of a damp squib and certainly a serious misnomer. RUBY Act might have been more appropriate, in which the "R" for Regime and the "B" for Burma might suggest the basis of an alternative appellation, which we leave to our readers. Aung San Suu Kyi writes to junta on sanctions Suu Kyi changes stance on Myanmar Sanctions CNN.com - 25 September 2009 Suu Kyi has drafted a direct letter to Myanmar's military leader, Senior General Than Shwe, in which she says she will cooperate on getting the sanctions lifted, said her spokesman and lawyer U Nyan Win. He said he spent about an hour working with her on the letter describing her "new thinking" toward sanctions. The letter will be officially submitted to the military leader in a few days. Suu Kyi wants to know how many sanctions have been imposed on Myanmar and how many of them are having a negative impact on the people, Nyan Win said. In the drafted letter, she also said she wants to hear the opinions of other countries through their ambassadors based in Myanmar. Note by Network Myanmar: Despite requests by the European Parliament and national parliamentary committees in Europe, EU Governments, both individually and collectively, have hitherto declined to make public any assessment of the effectiveness of their sanctions, no doubt because such assessments, if honestly and independently prepared, would highlight how counterproductive sanctions have been and the extent to which supposedly "smart" sanctions against the regime and its cronies have invariably hit the population at large. See in particular "Sanctions against Myanmar: Profit and Loss Account" US could pressure Myanmar with bank sanctions Associated Press - 22 December 2009
Burmese people suffer brunt of US sanctions on Myanmar Michael Lwin World Focus - 17 December 2009
The EU's learning curve heralds beginning of end of sanctions Ahto Lobjakas Radio Free Europe - 28 October 2009
Who(m) do we hurt when we boycott Burma? Kyaw Lyaw New Matilda - 15 October 2009
Rethinking the Burmese sanctions Nicholas Farrelly Inside.org - 12 October 2009
Sanctions against Burma not working Karen Connelly (Author of Burmese lessons - a love story) The Star (Malaysia) - 29 September 2009
Senator Mitch McConnell Straits Times - 30 September 2009
Reconsider sanctions, say businesses and workers Ye Lwin (Correspondent) Myanmar Times - 31 August to 6 September 2009
US reignites the debate over Myanmar sanctions Miscellaneous IRIN Asia - 3 September 2009
Brahma Chellaney (Professor of Strategic Studies at the Centre for Policy Research) The Japan Times - 29 August 2009
Sanctions - a stumbling block for Burma Mungpi Mizzima - 18 August 2009
Suu Kyi open to lifting sanctions, Senator says Grant Peck Associated Press - 18 August 2009
Simon Roughneen Asia Times - 17 August 2009
Sanctions aren't going to bust Burma Adrian Hamilton The Independent - 13 August 2009
Western sanctions are doing nothing for the people of Burma Thomas Bell The Daily Telegraph - 12 August 2009
Total targeted in debate over Myanmar sanctions Herve Rouach Yahoo Finance/AFP - 12 August 2009
Sanctions against Myanmar: Profit and Loss Account Derek Tonkin Burmese Perspectives - 5 July 2009
Analysis: Why sanctions aren't working Pauline Chiou CNN.com/asia - 3 July 2009
Myanmar sanctions not helping, says Thai PM Thai Prime Minister Abhisit Vejjajiva Daily Times (Pakistan) - 27 June 2009
The case against Myanmar sanctions Arno Kopecky (Freelance Journalist based in Vancouver) The Globe and Mail - 20 June 2009
Editorial The Guardian - 14 May 2009
Stanley A Weiss (Founding Chairman of Business Executives for National Security) New York Times - 20 February 2009
"We did not ask for sanctions" [NLD Policy] Derek Tonkin (Chairman Network Myanmar) Burmese Perspectives - 9 December 2008
"How European Sanctions target the population of Myanmar" Derek Tonkin (Chairman Network Myanmar) Burmese Perspectives - 29 November 2007 The Irrawaddy - 18 August 2009
Speaking to the Chiang Mai-based The Irrawaddy today, one of Suu Kyi's lawyers, Nyan Win, is reported in the online journal to have said that he had asked Suu Kyi when he met her on Monday 17 August about recent reports in several British newspapers that she had agreed to an overturn of the international tourism boycott on Burma. “She replied that she had not discussed the issue with anyone recently,” Nyan Win said. According to the lawyer, who is also a spokesperson for Suu Kyi’s National League for Democracy (NLD) party, Suu Kyi’s stance on sanctions has not changed since she issued a statement in 2007. “Suu Kyi said that as she was not the one who imposed sanctions against the Burmese regime, she is not in a position to lift those sanctions,” he said.
Note by Network Myanmar: Since May 2002, it has indeed been NLD policy to claim that they have never "called for" sanctions, but only "supported them". This was most recently confirmed (see Newsletter at link) in December 2007 when the Deutsche Presse-Agentur reported from Yangon on 9 December 2007: "Burma opposition leader Daw Aung San Suu Kyi and senior members of her National League for Democracy (NLD) party announced Friday 5 December 2009 that they were in no position to persuade Western governments to drop their sanctions against the country’s junta. 'Sanctions imposed by other countries are not the concern of Daw Aung San Suu Kyi. It is the concern of the authorities and related countries', said NLD Spokesman Nyan Win, after he and three other NLD members met with Suu Kyi at the government’s Sein Le Kan State Guest House in Rangoon.” The implication of Suu Kyi's latest remarks is that she has once again confirmed that it is not she or the NLD who have called for sanctions and a tourist boycott, but Western Governments who have chosen to impose them. It is accordingly up to Western Governments to decide what to do next as the responsibility lies entirely with them, and not with Suu Kyi or the NLD. It should however be noted that Nyan Win has been reported as showing no interest in Senator Webb's visit from the start, that "The Irrawaddy" is a campaigning anti-regime publication, and that the actual direct expression of Suu Kyi's views is not yet known. Senator Webb has spoken to her directly, so his version of their conversation is awaited with interest. Thai Prime Minister rejects possible Burma sanctions A Selection of Studies and Reports on the Impact of Economic Sanctions
EU involvement in dictatorial regimes - Case study of Myanmar EU Legislation purloined Myanmar Yellow Pages When drawing up EU sanctions legislation in February 2008, there is strong evidence that the EU drew uncritically on Burmese trade directories to identify businesses and enterprises in targeted commodity areas. A comparison, for example, of the attached page from Myanmar Yellow Pages Online appears to have been scanned virtually unchanged into EU legislation at the time. The number of iron and steel foundries in both lists is exactly the same - nine enterprises are listed - and the only discernible difference is that the top three in the Yellow Pages list have become the bottom three in the EU legislation list (Nos. 528 - 536). They were in the top three in Yellow Pages because they had taken their own advertisement boxes and so got priority commercial treatment. In all other respects, the EU list is copied word for word, abbreviation for abbreviation, and punctuation mark for punctuation mark. There is no evidence that any of these nine entreprises are owned by State, military or "crony" interests. Other EU legislation lists strongly suggest that they are based on the same edition of Myanmar Yellow Pages Online and that family businesses were transposed uncritically from this edition to EU legislation without any check on whether they were State or non-State, military or non-military, crony or non crony. EU Ministers and senior officials have admitted that they had not realised what was happening. They are however reluctant to redress the clear injustice inflicted in case any reduction in the list of sanctioned businesses and enterprises might "send the wrong message" at the present time and highlight how incompetent both Ministers and senior officials have been. The Yellow Pages used was www.myanmaryellowpages.biz , but there are rival publications such as www.myanmar-yellowpages.com and www.yellowpagesmyanmar.net which have broadly similar trade and business lists. For many Burmese business enterprises, it has been a matter of sheer luck that they did not appear in the "biz" edition but only in the "com" and/or "net" editions, and so escaped the EU razzia. Question (Glenn Kessler - The Washinton Post) : Why do you think that possibly easing sanctions could influence a regime that is impervious to world opinion? And to the Foreign Minister, Indonesia has been a leader on the subject of Burma. What do you think are the necessary next steps? Secretary Clinton: Well, Glenn, I appreciate your asking that question because the Minister and I have had a very positive exchange about the challenges that Burma poses. The unfortunate fact that Burma seems impervious to influence from anyone - and certainly Indonesia and the other ASEAN nations have attempted to intervene with Burma. But we are conducting a review, because we want to see the best ideas about how to influence the Burmese regime. And we are looking at every possible idea that can be presented. East Timor President Ramos-Horta on Sanctions
When Western good intentions lead to failure New Straits Times (Malaysia) 3 April 2009 John Teo comments that the United States has startlingly owned up to the fact that sanctions against Myanmar not only made its rulers more obstinate, but has caused the US to lose all influence in that country. Western nations imposing sanctions on Myanmar compounded their condescension with a blithe disregard for the opinion of other Asian powers. In this hard-hitting critique of "the sheer stupidity of the sanctions policy" by the West whose good intentions are wasted on elaborate preaching and moralising antics, the writer nonetheless expresses the hope that perhaps it is still not too late to bring in Western countries. National League for Democracy seek to clarify their position "4. Confrontation, utter devastation, economic isolation and comprehensive sanctions, mentioned in paragraph 7 of State Peace and Development Council Declaration No.1/2007, do not benefit the country or the people..........." "4. Paragraph 7 of the State Peace and Development Council Declaration No. 1/2007 asserts that confrontation, utter devastation, economic sanctions, and total isolation do not benefit the country or the people.........."” [The text of the NLD CEC Statement of Clarification dated 23 February 2009 is attached] Comment:The text of the SPDC Statement No. 1/2007 issued on 4 October 2007 does not in fact say that what we might describe as the Four Deadly Sins "do not benefit the country or the people". The actual text of paragraph 7 of that statement reads: "7. At the courtesy call, State Peace and Development Council Chairman Senior General Than Shwe mentioned Mr Gambari that Daw Aung San Suu Kyi has been exerting efforts for Confrontation, Utter Devastation, and Imposing All Kinds of Sanctions including Economic Sanction against Myanmar. If she declares to give them up, the Senior General will personally meet her." House of Lords Select Committee on Economic Affairs - 2007 Enquiry into the Impact of Economic Sanctions The main conclusion on Myanmar in the Committee's report is as follows: "Although the FCO details relevant debates and statements on its website, we are concerned that the Government and EU have not published any substantial analysis of the sanctions on Burma. We suggest that Government should undertake an urgent enquiry into sanctions policy on Burma, with a view to deciding whether it is worth continuing with it." 1. Report - Chapter 4 on Targeted and General EU Sanctions - Myanmar 2. Evidence - Pages 170-180 on Myanmar 3. The UK Government's Response to the Select Committee's Report - July 2007 The members of the Committee included two former Chancellors of the Exchequer, a former Governor of the Bank of England, a former Chief Executive Officer of TESCO, the author of a prize-winning three-volume history of the economist Keynes, an economist at the London School of Economics, an Indian-born business magnate, an industrialist and a former Chairman of the Financial Services Authority. The members are both supporters of the Labour, Liberal-Democrat and Conservative Parties as well as "Crossbenchers". We review the Report of the sixteen distinguished members of the Economic Affairs Committee and the subsequent Debate on the Report in the House of Lords on 12 October 2007 (scroll down to Column 460 onwards) to which several non-Committee members of the House of Lords contributed. It is clear that nothing has changed in the intervening twelve months to weaken the unanimous conclusion of all the members concerned, both on the Committee and in the House, that sanctions against Myanmar have singularly failed to improve the situation, have undoubtedly affected the Burmese population as a whole and have made the military regime more unyielding and more determined than ever to press ahead with their constitutional Road Map and to reject political reform. We present a sample of comments from the Debate: Lord Wakeham - The Government maintain that the sanctions are targeted against the military regime with little humanitarian impact. Important measures such as the strong discouragement of trade and tourism are said to be not formal sanctions. This entirely misses the point. The effect is the same - to hurt the Burmese people. Lord Lawson - One of the principal effects of the sanctions has been not merely to harm the Burmese people but to throw the Burmese Government more and more into the arms of China. That is not a great foreign policy triumph either. We must live in the real world. Lord Ramsbotham - I am sorry that his [Aung San] daughter [Aung San Suu Kyi] is calling for people not to go and see the country. I believe that the opposite is needed. Lord Skidelsky - I do not think that the recent events in Burma [August - September 2007] have rendered our view obsolete, though as the noble Lord, Lord Lawson, rightly said, it is very hard to lift ineffective sanctions because it then seems to be a retreat from a position that was useless in the first place but now has to be stuck to because of loss of face in withdrawing it. Viscount Eccles - In essence, the West has opted out of Burma. The sanctions are, in my view, irrelevant. What we are watching reminds me of an ancient Greek tragedy. There is a degree of inevitability. The events will unfold. Nobody can do anything about them. The awful generals are the villains of the piece, but also the victims. Nobody knows what to do, so we retreat into disapproval. This in no way measures up to the needs of the Burmese or the interests of the western world. Lord Howell - Sanctions are much argued about, particularly on the so-called compassionate left of politics, but have had the opposite results and merely caused enormous suffering among a people who are longing for more contact, not less. UK Policy on Sanctions
HM Treasury: Selected Documents on Financial Services - Burma/Myanmar UK Policy - Statement in the House of Commons made on 15 March 1999 setting out the conclusions of a Government enquiry into UK sanctions policy.
US Policy on Sanctions US Sanctions on Burma - Congressional Research Service 7 February 2012 Text of the Tom Lantos Block Burma (JADE) Act of 2008 Presidential Proclamation No. 8924 of 1 October 2008 House Resolution 898 on Burmese Issues introduced on 6 November 2009
Canadian Policy on Sanctions Overview of Canadian Policy on Sanctions against Burma/Myanmar The Special Economic Measures (Burma) Regulations of 13 December 2007 Statement by Canadian Foreign Minister Maxime Bernier of 14 December 2007
Australian and New Zealand Policy on Sanctions Australian Financial Sanctions against Burma/Myanmar
EU Policy on Sanctions Consolidated List of Measures adopted - Pages 43-46 for Myanmar Basic Principles on the Use of Restrictive Measures - 7 June 2004 Guidelines on Implementation and Evaluation - 2 December 2005 Best Practices for Effective Implementation - 24 April 2008
Note: the above five overviews (UK, US, Canadian, Australian and EU) do not however include decisions taken since 1988 not to support finance for projects funded by multilateral financial institutions such as the International Monetary Fund, the World Bank and the Asian Development Bank. Nor do they list actions taken by certain EU government to discourage trade, investment and tourism without formally banning such activities, nor measures taken by individual EU countries outside agreed "Common Policy" criteria, such as the denial of export credit guarantees on grounds of the very high risk perceived, nor the effects of purchasing and investment boycotts launched by activists and lobbyists, often with the support of local and central government, notably in the US and the UK. UN Commission on Human Rights 2000
UN Office for the Coordination of Humanitarian Affairs As the Secretary-General stated in his first report on the Protection of Civilians in Armed Conflict(S/1999/957) experience has shown that sanctions can have a highly negative impact on civilian populations, especially on vulnerable groups. Also regional sanctions and embargoes are of concern. Often they are hastily imposed by neighbouring countries and lack clear guidelines regarding the minimization of their humanitarian impact. |
If US sanctions against the military government in Burma, the goal of which were regime change, haven’t worked for a decade and a half, by what logic would one suppose that additional sanctions would have a more positive effect? The United States has nominated a special ambassadorial envoy to Burma, and his approval is likely in the Senate. His position calls for coordination of sanctions policies and dialogue with the Burmese. Do the organizations advocating more sanctions really believe that this will positively affect his efficacy in dealing with Burmese officials? It’s simply self-defeating to advocate policies that effectively undercut the possibility of these reforms continuing, something which would be in the interests of both the United States and the people of that sorry land. 
Special Themes
• International Crisis Group• Google Map of Yangon
• Myanmar CSO Statistics
• ILO in Myanmar
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