Aung San Suu Kyi Burmese Nobel Laureate to Face Military Trial

Burma’s pro-democracy movement Aung San Suu Kyi was taken to prison by security officials Thursday morning and will stand trial for allowing an American man to stay overnight in her home, an apparent violation of her long-term house arrest. In a bizarre case that may have significant ramifications for the country, the man, John William Yettaw, swam across a lake in central Yangon and sneaked into Mrs. Aung San Suu Kyi’s heavily guarded compound earlier this month.
Political tensions in Myanmar are increasing as the authoritarian military government prepares for the first nationwide elections since the junta swept aside the results from the 1990 election that would have brought Mrs. Aung San Suu Kyi to power. A prison term would keep her isolated during the elections, which are planned for next year.
Mrs. Aung San Suu Kyi, 63, who won the 1991 Nobel Peace Prize for her pro-democracy work in Myanmar, formerly known as Burma, has been under house arrest for 13 of the last 19 years, including the past six.

Java Sea - World's Largest Garbage Dump

The Java Sea Can Become the World’s Biggest Garbage Dump
THE World Ocean Conference (WOC) in Manado, North Sulawesi is to be opened on Monday, May 11, attended by delegates from 150 countries. The main topic of discussion will be marine issues and the impact of climate change. Manado has been euphoric at
the chance of hosting this important conference.
Some distance away from the conference venue in the resort town
of Bogor, West Java, is Tridoyo Kusumastanto, who has studied
marine life and issues in Indonesia for the past 34 years.
One thing that most concerns Tridoyo about issues related to
marine life is fishery, and its contribution to the national
economy. He takes a deep breath every time this topic is
discussed. Economically, fishery contributes a small amount,
growing at a very close pace from year to year. Yet two-thirds
of Indonesia’s area is covered in seawater.
The Central Bureau of Statistics (BPS) in 2004 listed fishery as
having contributed Rp53 trillion to the nation’s coffers. This
is equivalent to 2.3 percent of total GDP. Four years later, the
volume tripled to Rp136.4 trillion. But the fishery sector still
represents only 2.7 percent of GDP.
Tridoyo has headed the Marine & Coastal Resources Center at the
Bogor Institute of Technology (IPB) for the past eight years. He
is also a member of the Indonesian Council of Maritime Affairs,
an institution that is a high priority of the President. He
believes that besides focusing on climate change the Indonesian
government should press for an agenda which addresses the plight
of the poor.
Poverty has been the most crucial issue affecting Indonesian
fishermen in the past decade. The seas in western Indonesia, for
example, have been over-exploited. The number of fishermen has
been growing over the years. They mostly reside in the coastal
areas of north Java, and given the depleting marine resources
they should look at alternative sources of livelihood.
“Otherwise, they will remain poor forever,” said Tridyoyo.
Last Thursday, at his office at IPB, Tridoya met Tempo reporters
Sapto Pradityo and Media Roza for a special interview. Excerpts:
The World Ocean Conference is being held in Manado this week. In
your view, what agenda should Indonesia be pursuing at this
conference?
First, the sustainability of Indonesian marine resources:
corals, mangrove forests and seaweed. Second, poverty
alleviation for coastal communities.
How much does the marine sector contribute to our national
economy?
Covering seven sectors, the marine sector today contributes 23.2
percent of the GDP. But we calculate that contribution based on
economic activities at the regency level.
How about at the subdistrict level?
It would be a bit lower. The marine sector itself consists of
seven sub-sectors: fishery, maritime tourism, marine industry,
sea transportation, sea construction, sea mining and services.
The biggest contributor is sea mining, which contributes 9
percent.
Yet the determining economic activity is actually from
sustainable resources.
Yes, specifically fishery and marine tourism. These two sectors
have not been optimally exploited. As for oil and gas, at some
point they will be depleted.
Before the year 2000, Indonesia was listed as the world’s tenth
biggest fish exporter. But we have lost that position. What is
the reason?
Firstly, the government’s policy lacks the ability to push
production and create value added to fishery exports. What we
are doing is the normal kind of production. Before, fish were
dried, and we are still doing the same thing. This creates
little added value. The government has done very little to
create growth.
How about saving Indonesia’s marine ecosystem?
Well, that would be the next step. We always brag about the
richness of our seas. But is this really true? When our
fishermen tell us, “Our catch is getting smaller,” or “We need
to go farther out to catch anything,” and “Our catch is getting
less and less,” this all means that our coastal areas and our
seas have been damaged.
The Maritime Affairs & Fisheries Department claims that our
national fish supply stands at 6.4 million tons a year.
That figure has not changed since my university days in the
1980s. We are managing our seas using very limited data and
their credibility are questioned. I think that the real numbers
are actually well below those figures. In a number of places,
the potential for fishery product has indicated a downturn.
Because we lack proper data we are unable to regulate the
frequency of fishing or the number of catches allowable in order
to prevent destroying the environment, or how to catch
high-economic value fish.
Do you mean that the system of marine management so far has not
looked at sustainability of marine resources?
That is true, yet if we knew just how much fish reserves there
are and the extent of the destruction, we can correct the
situation by re-stocking or re-supplying the fish and planting
coral and seaweed.
Why is the slow growth of the fishery industry always linked to
a lack of investment?
The fishery industry need not be done on a large scale or by
using modern technology. The important thing is to empower
coastal communities with the appropriate technology, continuity
of production and access to markets. I once recommended that we
open clusters of marine industries. As such, the concentration
would not just be on fishery, because the fishery sector alone
is unlikely to help alleviate poverty.
What about the problem of human resources?





This is a classic problem which needs new solutions. If we want
to meet international standards, quality and use laboratory
equipment and a certain production process, then we must meet
their standards. If these conditions can be met, it would not be
difficult for us to regain our position as one of the world’s 10
biggest fish exporters.
Which is the most dominant within the fishery industry: caught
fish or cultivated fish?
The bigger contribution—about 60-70 percent—comes from caught
fish. It’s easiest, just catch it. Indonesia still has access to
the open seas. There are no restrictions because our sea space
is very large. Anyone can go and catch fish. As a result the
government has no control over this sector. Ironically, with the
oil and gas as well as mining sectors, the government regulates
them through fishery concessions.
What must we do to ensure a balance between fish farming and
catching fish from the open seas?
The problem with fish farming is the required investment. It
needs a piece of land, a size of water and control over the
area. For example, if you wanted to open a fish farm, you need a
license from the Forestry Department to cut down the mangroves,
although I personally think this is no longer necessary because
the coastal area available is more than enough.
Do you have data on pollutants caused by fish farming?
At the northern coast of Java, the quality of cultivated fish
has gone down significantly because of industrial waste,
agriculture and households. I estimate the Java Sea can become
the world’s biggest garbage dump if we don’t start handling the
problem today. In managing marine resources, we cannot just look
at problems on the sea. Sea and coastal pollution cannot be
separated from river delta areas.
The seas of western Indonesia, as you mentioned, are already
overfished. There is too much exploitation. Can you explain the
extent of the marine destruction.
The problem is that we lack good resources. I often tell the
Maritime Affairs & Fisheries Department, “We have the best
available data, but we don’t have reliable data.” When I am
asked by how much our fish reserves have gone down, I would not
know. According to our surveys the condition in the Malacca
Strait is red-alert.
Are you saying that the seas in the western part of the country
can no longer be exploited?
They can still be exploited but that would be just the Indian
Ocean, i.e. the western coast of Sumatra and the seas off
southern Java. In the southern part of Bali, there is still
plenty of tuna. And of course, we will have the seas of eastern
Indonesia.
Is illegal fishing one of the causes of over-exploitation of the
western seas?
Cases of illegal fishing are found mostly north of Pontianak.
That’s where Thai fishing boats operate. They have big boats. I
have seen it myself. Indeed, this is one of the reasons for the
degradation, which is also caused by environmental pollution and
just too many fishermen. The coastal area of Lampung, for
example is very crowded, exceeding the capacity of the nearby
seas.
What is the urgency that needs to be conveyed to the government?
The excessive number of fishermen must be addressed. The
government used to keep pushing people towards the fishery
sector, even though they lacked the technology needed, yet it is
this lack of proper knowledge that has become a burden to the
fishery sector. From the perspective of manpower this sector was
seen as a useful sector to absorb employment, but this has
backfired because those inexperienced and unknowledgeable
fishermen tend to be destructive towards our ecosystem.
What needs to be done to rehabilitate the ecosystem?
Conservation. Reduce catches, increase the replanting of corals,
mangrove trees and so forth. The management system must be
changed. There should be two elements in managing marine life:
first, input instruments, i.e. how many boats have been given
licenses to catch fish. We once tried to calculate on the
northern shore of West Java, the number of fishermen allowed to
fish should be no more than 15 percent of the total number. This
means, 85 percent must change jobs. Secondly, the environment
must be restored. Coral conservation and, in the extreme case,
the need to add more fish into the sea.
Who should bear this responsibility?
The government must take the initiative. It will be expensive,
but the government will benefit in the end. Japan has already
re-supplied fish since the 17th century.
TRIDOYO KUSUMASTANTO
Lecturer, Socio-Economics of Fishery, Bogor Institute of
Technology (1986-to date)
Lecturer, Coastal Resources Management, Bogor Institute of
Technology (1994-to date)
Director, Marine & Coastal Resources Research Center, IPB
(2000-to date)
Secretary, Council of IPB Board of Advisors (2007-to date)
Member, Indonesian Council of Maritime Affairs (2008-to date)

Bali Updates

BALI UPDATE #661 - 11 May 2009

Air Asia Flies Bali to Perth
Daily Airbus 320 Flights Between Perth and Bali.

On Tuesday, May 5, 2009, Air Asia commenced its new daily flight service connecting Bali and Perth, Western Australia.
The Indonesian associate of the AirAsia Group - AirAsia Indonesia is using an Airbus 320 for is daily flights on the new route, the fifth international route operated by the company from Bali. The low-cost-carrier also flies from Bali to Kuala Lumpur, Johor Baru, Bangkok and Singapore.
In a departure from most international airlines flying to Bali who focus almost exclusively on inbound tourism to Indonesia, AirAsia is also banking on strong demand in both directions and the ability to market Western Australian holidays via their nationwide network to the Indonesian public. According to Dharmadi, CEO of AirAsia Indonesia, there is also a market of 19,000 Indonesian students seeking a higher education in Australia.
Meanwhile, in a related development, the latest statistics for Bali tourism see Australia poised to displace Japan as the top source of foreign tourists to Bali.


Shopping Around for an Airport
Bali's Airport Managers at Odds with Governor Over Commercialization of Island's Main Gateway.

As reported on Balidiscovery.com, Bali's governor Made Mangku Pastika has recently rejected the proposed redevelopment plan for Bali's international airport; calling for less commercialization, more efficiency and greater attention to Balinese design aspects in plans for an revamp of the existing airport. [See: Bali Airport Renovation Rejected by Governor]
Radar Bali suggests that Heru Legowo, General Manager of PT Angkasa Pura - the operating authority of the Ngurah Rai International Airport, is paying little heed to the comments from the island's Chief Executive.
When interviewed by Radar Bali, Legowo indicated he would be carrying on with plans to increase the area dedicated to commercial activity at the airport, with 40% of building space set aside for businesses.
Acknowledging that he was aware of the governor's unfavorable view of current renovation plans, Legowo insisted that he would be going ahead with plans to increase space dedicated for handicraft sales, saying the airport shops would not be in competition with outside art markets.
"I am certain that we will not be hurting the handicraft markers outside the airport. There are tourists who did not have the chance to shop at those markets and will have a chance to do so at the airport. It's impossible that this will destroy the outside markets," explained Legowo.
In fairness to Bali's governor, his objections to the over-commercialization of Bali's airport was more concerned with the resulting general disarray and inefficiencies than with the issue too many handicraft vendors renting space at the airport. The lack of a proper commercial plan has resulted in as many as eight money changers operating side by side in the arrival hall, tens of reflexology shops and an overabundance of nondescript handicraft shops all vying for business.
Heru also told the press that increasing the number of shops at the airport was his duty as the local head of a State-Owned enterprise charged with increasing profits for his employers.
Heru added: "if we only provide operational services at the airport, where will we obtain our income? Because of this we are compelled to increase the commercial space."
As part of the airport expansion program, 69 homes used by Angkasa Pura employees and located immediately adjacent to the current airport will soon be demolished.
Heru said that he is now working to complete the airport design so the bidding process can commence and construction can get underway before the end of 2009.


Despite Increasing Arrivals Bali Tourism Still Suffering
Bali ASITA Chairman Al Purwa: Management and Promotion of Indonesian Tourism Seriously Lacking.

Bisnis.com quotes Al Purwa, Chairman of the Bali branch of the Indonesian Association of Travel Agents (ASITA), as bemoaning the lack of proper tourism management by the government which has resulted in minimal returns for Bali's tourism economy, despite rising arrival numbers.
Explained Purwa: "the weakness of our tourism product is due to the fact that the tourism operators are not 'solid.' Meanwhile, the local government pays little attention to issues of supply and demand in granting new business permits which results in unhealthy competition in the market place."
As reported on Balidiscovery.com, Bali foreign tourist arrivals continue to buck global trends, operating in record territory for Q1 of 2009 [See: Bali Q1 2009 Arrivals Up 4.7%].
According to Purwa, despite record arrivals, the increase in average occupancy rates among Bali hotels has been very modest, reflecting the overall problem of the government's refusal to address supply-side issues. New hotel and villa permits are issued and new travel agencies are licensed without any effort on the government's part to protect existing travel operators.
Admitting that the meetings, incentive, conference and exhibition business (MICE) continues apace and that more Chinese tourists flow to Bali, Purwa said the level of expenditure within the tourism sector is falling below expectations.
To illustrate his complaint that the Bali tourism industry is less than "solid" the ASITA Chairman cited how Chinese guides handling that market demand high fees from travel agencies already laboring under the burden of narrow profit margins.
Purwa also alluded to Macau and neighboring countries in the region that are prepared to subsidize tourism products and spend generously on promotion while Indonesia under spends badly in those areas.
Lamenting the sad current state of affairs, Al Purwa is saddened by the fact that after trying to develop tourism for four decades, some 137,000 Balinese still live below the poverty line. Macau, on the other hand, has spent less than 10 years developing its tourism industry and manages to attract 20 million foreign tourists every year, a figure targeted by Macau to grow to 50 million within 5 years.
Purwa is also critical of how tourism promotion funds are spent by Indonesia's Department of Culture and Tourism, saying how those fund's final use is not transparent and, as a result, difficult for tourism industry members to ascertain the effectiveness of current promotion programs.
Asked Purwa, "Do we want to chase statistics or make tourism a means to improve the people's welfare?"


Bali Works to Halt Viral Arrivals
Arriving International Garuda Flights into Bali Now Being Disinfected by Airport Health Officials.

Beritabali.com reports that commencing from May 5, 2009, Health officials at Bali's International Airport have started spraying aerosol disinfectants inside the cabins of Garuda's international flights landing in Bali in the latest move to reduce the possibility of local contamination by the H1N1 Flu Virus.
The first flight to undergo the disinfecting process was GA 871 landing on May 5th from Seoul Korea. Shortly after the plane landed, the 256 passengers on board were asked to remain in their seats while quarantine officials sprayed the entire interior cabin 3 times.
Nyoman Murtiyasa, the Head of the Airport Health Office in Bali, said: "The effort to spray arriving aircraft was started in May 5th with planes from countries confirmed with the virus, such as Hong Kong and China, getting top priority. This will continue to take place at the Ngurah Rai Airport until the WHO says the threat of swine virus has passed."


Pak Legowo: Please Listen to the Governor
Editorial: The Governor's Recent Advice to Bali's Airport Management Make Sense. It's High Time the People of Bali Have a Larger Say in How the Island's Airport is Run.

A travel and tourism expert once suggested that every airport reflects, to some degree, the larger destination waiting the traveler beyond the airport's borders. And, just as the slick and ultra modern air hubs in Singapore, Kuala Lumpur and Hong Kong blend almost seamlessly with those 21st century cities – the helter-skelter and modulated pandemonium encountered at Bali's Ngurah Rai International Airport also reflects daily life in nearby Kuta.
Thus, the urgent need to improve first or final travel experience for Bali holidaymakers prompt us to give a resounding "thumbs up" to Bali's governor, Made Mangku Pastika, for his recent public statements demanding a dramatic rethink of design proposals under consideration for an expanded and modernized Bali airport. Governor Pastika has rejected the latest proposal for the revamped airport, considering them more of the "same old same old" of over commercialization, systemic inefficiency and a key destination facility that fails to reflect Balinese architectural values.
Sadly, it's hard to argue with "Pak" Made on those counts. Angkasa Pura, the government company that manages the airport have proven themselves to be more concerned with increasing revenues than with enhancing the comfort of the traveling public.
The list of the failing of Bali's airport is painfully long:
• Eight or more desperate money changers shops scream frantically at arriving passengers, when one or two foreign exchange counters would be sufficient and more economically sustainable.
• On occasion, aggressive real estate people offering shady "freehold" property deals to arriving tourists stop travelers while still in the customs area. And, this, in a country where such freehold land purchases by foreigners are strictly against the law.
• Long immigration lines in poorly air conditioned areas can, at key periods of the day, see people waiting in line for more than one hour.
• Poorly maintained toilets staffed by panhandling cleaning staff provide an odious welcome to Bali visitors.
• Badly maintained luggage trolleys are positioned in the most distant corner of the baggage claim area, made cynically accessible only after running the gamut of an obstacle course of over-eager airport porters.
• Teflon-coated uniformed security guards who, as reported by the local press, where recently caught red-handed in the act of pilfering items from passengers hand luggage, could not be prosecuted "due to the lack of a formal complaint" from an already departed passenger.
• Restaurant concession extended with little or no reference to supply and demand flows or the dietary tendencies of the visitors' market mix. Those concession when granted, in many instances, are operated without any airport supervision ensuring safe, modern and hygienic food and beverage service.
• Shops and restaurant leases granted on a "who-do-you-know-basis" that ignore any effort to created a sustainable proper balance of vendors offering a range of non-competing merchandise and services.
• A surfeit reflexology salons, resulting in 50 or more people engaged in that business sector at the airport with little chance of earning a reasonable standard of living from rubbing the feet of tired travelers.
Clearly, even the most basic skill-set possessed by the myriad of professional shopping mall managers found elsewhere in Indonesia is sorely lacking at Angkasa Pura - the government-owned company charged with running the nation's airport. While mall marketing managers have finely honed formulas that ensure a sustainable mix and variety of businesses that will provide for an enjoyable experience for the shopper and a reasonable expectation of profitability for tenants, this basic concept of commercial space management is an apparent mystery for those in charge at Bali's airport.
Moreover, recent reports in the Bali press indicate that Heru Legowo, Angkasa Pura's manager in Bali, finds the governor advice and input bothersome, preferring instead to grow the amount of space set aside for shops, restaurants and foot massages a Bali's airport. He responds to critics by insisting his job is to maximize revenues for his employers. Heru's focus on immediate profits above all else also allows him to ignore the negative impact of his policies on Bali's reputations as a world class holiday destination.
A Larger Issue at Play
From our perspective, the current tug-of-war between Angkasa Pura and the Governor's office underlines the need for more local say in how Bali's airport is run. Recent changes in Indonesian legal and administrative structures intended to give people more control over their lives is a message with little meaning when it comes to the management and operation of the Nation's airports. Bali's airport, controlled by Jakarta which siphons off the hefty profits the airport generates each year, is without argument the single most important piece of infrastructure to the island's massive tourism industry. At the same time, the people of Bali and the stakeholders in local tourism have almost no voice in how the airport is run.
Complaints and suggestions on what might be done to improve the airport are regularly published in Bali's press, only to be greeted with a polite smile and benign contempt, as evidenced by Mr. Legowo's response to recent suggestions from Governor Pastika. [See: Shopping Around for an Airport]
Enough is Enough?
It's time that Bali has a larger say in how its single most important gateway is managed and operated. At the very least, local political leaders and representatives of tourism stakeholders organization must be regularly consulted and asked for input on the future course of Bali's airport. And, when our governor speaks, the airport management must listen.
In the final analysis, Mr. Legowo, the people of Bali are not the enemy; we're your neighbors.


Government Alcohol Import Tax Branded a Failure
Experts Tell the Government to Lower Taxes in Order to Close Down Black Markets, Increase Tax Revenues and Gain a Modicum of Control Over National Liquor Consumption Patterns.

The Monday, May 4, 2009 edition of the Jakarta Post reports that analysts have branded the current high import tax regime on alcoholic beverage as a policy failure that has "neither discouraged consumption nor maximized revenues" and, as many had predicted, has "fostered a thriving black market."
Two scholars from Jakarta's prestigious Center for Strategic and International Studies (CSIS), Dionisius A. Narjoko and Teguh Yudo said current alcohol taxes of 500%, among the highest in the world, has "failed to bring about the optimal outcome of generating revenue and protecting public health."
The two researchers have recommended to the government that the alcohol tax be reduced and any new tariff be based on alcoholic content as opposed to value. The current attempt by the government to tax the value of alcoholic beverages has fostered a system rife with misrepresentation and under-invoicing.
Not surprisingly, the total tax revenue of only US$5.8 million collected in 2008 by the sole government importer underlines, according to the researchers, that a large black market exists in smuggled alcohol. Government estimates of the size of the black market is equivalent to 60% of all alcohol consumed and represents lost tax revenues of Rp. 1.5 trillion (US$1.3 billion).
The report also suggests that high taxes do not curb alcohol consumption and, in fact, have been linked to increased usage of low-quality liquor that endangers human life. The government estimates that more than 60 people died from home-made liquor consumption in 2008.
The CSIS report blamed a lack of government knowledge of the alcoholic beverage sector as being at the root of the failed importation policy which has made the Indonesian tourism sector non-competitive with other destinations in the region.


Higher Admission Rates at Kertha Gosa
Admission Rates More than Double at Bali's Hall of Justice Complex in Semarapura.

The Regency of Klungkung has recently ordered its tourism service to increase the admission price charged tourists entering the popular "Kertha Gosa – Hall of Justice" located in heart of Semarapura.
Effective May 1, 2009, adults entering the ”Kerhta Gosa" complex must pay Rp. 12,000 (US$1.10) and Rp. 6,000 (US$0.55) for children.
The new policy more than doubles the old admission price and applies equally to both domestic and foreign visitors.
According to DenPost, the new pricing policy is meeting with some criticism from local tour guides who complain the admission price is the highest for any tourism object in Bali and higher than the Rp. 10,000 charged for people visiting Bali's Mother Temple of Besakih. Guide have also complained that their guests are now compelled to wear sarongs when entering Kertha Gosa, a policy questioned due to the fact that the complex is not generally considered sacred.
The Kertha Gosa complex houses relics and buildings dating from one of Bali's great kingdoms and is composed of a Bale Kambang, the Kertha Gosa hall of justice and the Semara Jaya Museum..


Bali's Guiding Lights
Government Preparing Massive Sweeping Operations Against Illegal Guides Working in Bali.

The provincial tourism authority of Bali (Disparda) is pledging to get tough on unlicensed guides operating on the island and will soon dispatch enforcement teams to capture and prosecute illegal guides.
The Chief of Bali tourism, Ida Bagus Kade Subhiksu, told Bisnis Bali that each enforcement team will be comprised of 14-15 persons drawn from his office, the Bali police, state prosecutors and related agencies.
Insisting that his office is committed to cracking down on illegal guides but is keeping tight lipped on the specific dates and locations for the planned sweeping operation to apprehend errant guides. Subhiksu has, however, commented separately that the initial operations against illegal guides would focus initially on two regencies and one municipality: Badung, Gianyar and Denpasar.
The head of the Badung regency tourism office, Drs. I Putu Budiasa, said he hoped the tourism offices of the respective regencies would be invited to join the enforcement teams in order to benefit from their local knowledge. Citing one example from his own jurisdiction, Budiasa said the sweeping teams need to move against unlicensed guides working at the Bali Museum in downtown Denpasar. His efforts to bring illegal guides in the past has been thwarted by the fact that only the provincial government has the legal authority to move again illegal guides operating within the regencies.
Those wishing to qualify as licensed guides in Bali must be local residents, meet minimum educational standards, and successfully complete a series of training course provide by the province of Bali.
There are currently an estimated 8,000 licensed guides living in Bali.


ASITA Calls on Garuda to Maintain 7% Commission Level
Travel Agents Reassess as Garuda Slowly But Surely Move Towards Non-Commissionable Airline Tickets.

Indonesian travel agents from the Association of Indonesian Travel Agents (ASITA) are calling on Garuda Indonesia to preserve the 7% commission they earn on airline ticket sales.
Mangara Goeltom, representing ASITA, complained that recent changes by Garuda that allow passengers to purchase tickets on line and pay with their credit cards is costing travel agents business. Those still booking via travel agents can pay with their credit cards via the agencies who now only earn a 5% commission.
Goeltom accepted that the changes in commission levels by Garuda is a function of the increasingly competitive environment faced by all airlines and the need to reduce costs wherever possible. Moreover, as Garuda moves towards 2010 and the introduction of the ASEAN Free Trade Area, airlines will completely stop paying commissions to travel agents.
According to Bisnis Indonesia, Goeltom, who also serves as the Secretary of the Association of Indonesian Ticket Sales (ASPINDO), has managed to secure an additional 2% commission from Garuda permitting the current commission level to remain at 7%.
Fearing for the future, Goeltom said that 90% of all Indonesian travel agents depend on ticket sales with only 10% selling tour packages. In the future only travel agents who are creative and create new tourism products will manage to survive.


Government Urged to Take Control of Taman Festival Bali.
Denpasar Legislator Wants Park Expropriated to Provide More Public Space and Eliminate A Public Eyesore.

The defunct Taman Festival Bali Park located near Sanur at Padang Galak is a blemish of the face of Bali's capital city of Denpasar, rendering one of the City's most picturesque beaches an eyesore. That's the opinion of the Chairman of Commission B of the Denpasar's House of Representatives (DPRD Kota Denpasar), I B Gede Udiyana.
In comments reported in DenPost, Udiyana has joined fellow legislators calling for the Denpasar government to assume control of the abandoned and derelict amusement park and turn it into a public recreation spot.
Admitting that legal title to the land may be unclear as discussions between the original investor and the government continue, Udiyana feels that fact alone should not deter the Denpasar government from assuming at least temporary possession of the park in order to remove what has become an embarrassment to Bali’s capital city. "It's better that the land be used for the public good than merely left idle," explained Udiyana.
Udiyana also thinks a clean up and upgrade of the park that closed in 2000 need not cost large sums of money in order to make the land and remaining buildings useful for "space starved" residents of Bali's capital.
Related Article
[Crocodile Shock in Bali].



Pandora's Box is Black
Indonesia's Transportation Manager Wants Flight Black Box Information Barred from Use in Criminal Courts.

Indonesia's Minister of Transportation, Jusman Syafii Djamal, has joined the debate set off by a strike threat by Indonesian pilots unhappy with the use of cockpit voice recorders (CVR) and flight data recorders (FDR) in the recent manslaughter conviction of a Garuda pilot.
As reported in Bisnis Indonesia, Jusman sees the use of CVRs and FDRs as violating Indonesia's Aviation Law of 2009 and Annex 13 of the International Civil Aviation Organization (ICAO) governing the investigation of air accidents.
The Transportation Minister made his comments in connection with the use of the "black box" of the Garuda B-737 in the recent conviction of Captain Marwoto Komar. Captain Marwoto was in the left-hand seat of GA 200 that crashed when landing in Yogyakarta on March 7, 2007, killing 21 people.
According to Jusman, the contents of the CVR, FDR and all the findings of the National Safety Board Team (KNKT) are not admissible as evidence in a criminal proceeding. Because of this, the Minister hopes Marwoto's conviction will be overturned and that the pilot's lawyers will work hard to compel the judges to honor Indonesia's commitment as a member of ICAO.
The Minister told the press that pilots should be brought before a professional board of review for any technical shortcomings. If the KNKT uncovers evidence of criminal negligence, only then should that information be forwarded to police and state prosecutors.
Related Article
[Indonesia Pilots Threatening Strike Action].


The Rich Fabric of Life in Sikka, Flores.
Beyond Bali: The Talented Lady Weavers of Watublapi, Sikka, Flores.

On a recent visit to the island of Flores, a spectacular island in East Nusa Tenggara chain, we were treated to a warm welcome by the talented women of Watublapi Village, a hillside community of traditional ikat weavers in the Sikka region, near Flores’ largest city of Maumere.
Click Images to Enlarge

The hand-spun cotton threads, dyed in organic compounds and woven on traditional back looms are among the most highly prized traditional textiles to be found anywhere in the world. Increasingly rare, these cloths now fetch high prices and are found in leading museums and private textile collections.
During our visit we were welcomed by the women and men of Watublapi with home-grown coffee, local tobacco and lively dances. Later, the ladies demonstrated the step-by-step production process of their fine ikats and allowed us to admire their traditional beads and bracelets made from antique ivory.
Shown on balidiscovery.com are some pictures taken during that visit.


Dutch Tourist Isolated in Bali with H1N1 Symptoms
32-Year-Old Dutch Woman With "Flu-Like" Symptoms Removed from Arriving Malaysian Airlines Flight and Placed in Isolation Pending Further Tests.

A 32-year-old Dutch woman is now in the special isolation ward of Bali's Sanglah General Hospital after health officers identified her as a potential H1N1 sufferer when she landed at Bali's international airport off a Malaysian Airline flight on Sunday, May 10, 2009.
The woman, Michele Van Dorsen, was running a mild fever, experiencing problems swallowing, and complaining of respiratory difficulties - all of which resulted in her classification by health officials as someone suffering from an Influenza-Like Illness. A number of well-rehearsed measures were immediately put into place that saw the woman placed in an isolation area at the airport from where she was transferred by ambulance to the Nusa Indah isolation unit at Sanglah Hospital. The woman's transfer was carried out in a specially equipped ambulance with the driver and all accompanying medical personnel fully suited in protective contamination gear.
According to press reports, Van Dorsen began her trip from Amsterdam, transiting briefly in Kuala Lumpur where she changed aircraft. Her health condition first became evident on board her flight from Kuala Lumpur to Bali, causing the pilot to radio ahead to Bali As a result, a medical team came on board the aircraft immediately after landing to commence the assesment, care and isolation of the ill passenger.
Van Dorsen told health officials that she has had no known contact with a H1N1 sufferer. Her condition is stated as "good" by her attending physicians who, as an added precaution, have administered Tamiflu while awaiting the results of medical tests to confirm whether or not she is affected by the H1N1 virus.
As an added precaution to prevent the spread of disease, all passengers sitting within several rows of Van Dorsen have undergone close medical evaluation.
Holland, the country from which Van Dorsen began her journey is listed as "endemic" with confirmed cases of H1N1 reported by Dutch health officials.

Burma - the 'Would be' Shangrila

Ethnic Groups in Myanmar Hope for Peace, but Gird for Fight

Extracts from Thomas Fuller/International Herald Tribune
LAIZA, MYANMAR — The Kachin tribesmen who inhabit the hills along Myanmar’s border with China have a reputation as stealthy jungle warriors, famous for repelling Japanese attacks in the Second World War with booby traps and instilling terror by slicing off ears to tally their kills.
Now, as they have many times in their war-scarred history, the Kachin are hoping for peace but are prepared for battle with Myanmar’s central government.
As Myanmar’s military government prepares to adopt a new and disputed Constitution next year, a fragile patchwork of cease-fire agreements between the central government and more than a dozen armed ethnic groups is fraying.
The new Constitution would nominally return the country to civilian rule after four and a half decades of military government and, in theory, could formally end the now dormant civil war that has plagued the country since it gained independence from Britain in 1948. But as a precondition for what they portray as a fresh start, Myanmar’s ruling generals are ordering the Kachin and other groups to disarm and disband their substantial armies.
So far, the answer is no.
The ethnic groups control large pockets of territory in the northern and eastern borderland areas, and, if they disarm, they risk losing control over their lucrative trade in timber, jade, gems and, in some cases, heroin and methamphetamines. They are loath to give up their hard-won autonomy to the Myanmar military, which is dominated by the Burman ethnic group they have long resented.
The volatile and remote northern reaches of Myanmar are rarely reported on in the Western news media because of the difficulty accessing the armed groups. The visit by this reporter to Laiza was the first by a foreign newspaper correspondent in several years.
By the tumultuous standards of Myanmar’s six decades of independence, the country has been relatively peaceful over the past decade and a half, thanks to the cease-fire agreements.
Myanmar captured the world’s attention when the government quashed the uprising of Buddhist monks in September 2007 and when it refused to allow some international assistance after a deadly cyclone last May.
But those events only served to underline the firm grip that the generals have over the low-lying parts of the country, where the majority Burman population is concentrated.
It is a very different picture in the upland regions, where the government’s control has always been tenuous. A resumption of civil war in the north and east is by no means a foregone conclusion — the generals could back down from their demands to disarm, or the ethnic groups might relent and decide to fully adopt the new Constitution.
But if the conflicts re-ignite, which some analysts say is likely, it could resonate well beyond Myanmar’s borders, resulting in outflows of refugees into neighboring countries like Thailand and China and a resurgence of the heroin business, which in the past has thrived under the cover of war.
The largest borderland groups, drawn from ethnic groups like the Wa, Shan and Kokang, are united in their bitterness over their historical domination by the Burman.







• During the Cold War, China, Thailand and the United States supplied arms and other assistance to some borderland groups. Now commercial interests, including many shady businesses, have replaced ideological ones.
• The Kachin hills are home to the world’s most lucrative jade mines. The area inhabited by the Shan has the largest and best-quality rubies found anywhere. All the territory controlled by the ethnic groups has prized varieties of tropical hardwood.
• And drug syndicates, many of them with ties to the ethnic groups, profit handsomely from the trafficking of both illegal and counterfeit drugs.
• Adding to the complexity of the situation, Myanmar, by the nature of its location between India and China, is now the focus of a geopolitical contest for influence by the region’s big powers increasingly hungry for natural resources.
• Chinese companies are building a series of hydroelectric dams on northern tributaries of the Irrawaddy River (despite Kachin objections) and have helped finance and build roads inside Myanmar, facilitating both the sale of Chinese electronics and clothing in Myanmar and the export of timber and other commodities into China.
• China recently beat India in securing a 30-year concession on natural gas from Myanmar, and construction will reportedly start soon on twin pipelines crossing Myanmar from the Bay of Bengal and connecting to the southern Chinese city of Kunming.
• In March, China and Myanmar signed a “cooperation agreement” on the oil and gas pipelines, but key details are vague.
• The strategic objective for China is access to the Bay of Bengal, thus avoiding having to ship oil through the Strait of Malacca, a costly detour and a security threat if that choke point is ever blocked. But the project is seen by many as a risky venture.
• “Burma is not a stable place when you get out into these remote areas that the pipeline is
• The Constitution, which Myanmar’s generals say was adopted by more than 90 percent of voters in a referendum last year and will take effect after elections next year, prescribes “genuine multi-party democracy” and recognizes what it calls “self-administered” areas. But ethnic leaders say this falls short of the autonomy they want.
• They also point out that the document preserves a dominant role for the military, including the right of the commander in chief of the armed forces to appoint a quarter of the Parliament and to remove the president.
• And because the Constitution mandates that only the national armed forces provide defense and security, the junta is demanding that all other groups disarm.
• The most heavily armed group along the Chinese border is the United Wa State Army, which has about 20,000 soldiers and new armaments including field artillery and anti-tank missiles, according to Bertil Lintner, an expert on Myanmar’s ethnic groups and co-author of the book “Merchants of Madness,” which deals with the drug trade among ethnic groups.
• In Laiza, it is easy to see why the Kachin want to maintain their autonomy.
• Residents escape many of the deprivations so common in other parts of Myanmar, one of the world’s poorest countries: Electricity from a nearby hydroelectric dam is reliable, cellphone service provided by Chinese communications towers across the border is cheap (obtaining a cellphone number inside Myanmar typically costs $2,000), and the local administration even stamps out its own vehicle license plates, skirting Myanmar’s highly restrictive car ownership policies.
• In addition to its own army, the Kachin have a police force, schools, a teacher’s training college and their own customs agents, who monitor the border crossing with China.
• Laiza is no Shangri-La — the town struggles with drug addiction and other social ills common to many border areas — but it feels more free than the military-controlled areas in Myanmar, where dissidents are repeatedly rounded up and sentenced to long jail terms.
•

Indonesians upset over Aussie refugee stance

It was the land of the Aborigines who are believed to have migrated from some unknown point in Asia to Australia 50,000 to 60,000 years ago.
Later some European explorers and traders including from the
Netherlands charted the coastline of Australia which they named
New Holland beginning in the 1600s, until eventually Captain
James Cook of Britain claimed the continent for the British
Crown in 1770.
After declaring the `new world` a British penal colony, the
first fleet of 11 British ships carrying about 1500 people -
half of them convicts - arrived at what is now Sydney Harbour on
January 16, 1788.
The relocation of convicts from Britain ended in 1868 after
around 160,000 convicted men and women were brought to
Australia. Until 1973, the former British colony pursued a
"White Australia" policy, restricting the nationality of
immigration to Europeans only. After opening itself to
non-Europeans, Australia received mainly Chinese and Indian
immigrants.
As of July 2007, Australia`s population was roughly 21.0 million
people who originally came from over 200 countries. Australia is
a country with the sixth widest territory in the world
(7,682,300 sq km) while some of its regions are sparsely
populated.
Until now, Australia is still attracting refugees who had hoped
to have a better life in the `new world`, especially from
war-torn countries such as Afghanistan, Iraq, Srilanka, Pakistan
and Iran.
As it is very difficult to apply for asylum through proper
channels in Australia, many of those emigrants looked for an
`alternative way` to enter Australia and this was why many of
them were found to have tried to achieve their goal via
Indonesia which shares a maritime border with Australia.
In the May-December 2008 period, the number of such emigrants
who used Indonesia as a transit point to travel to Australia
illegally ran into the hundreds. But their number swelled to 600
in the first three months of this year.
"This is a drastic increase. Most of them were Afghans. It is
likely that the security conditions in Afghanistan or the global
financial crisis has forced them to become illegal emigrants,"
President Susilo Bambang Yudhoyono said at his Cikeas residence
in Bogor last April after speaking by phone with Australian
Prime Minister Kevin Rudd.




Yudhoyono said he had discussed the matter with Australian Prime
Minister Kevin Rudd on the phone. Indonesia and Australia had a
commitment to step up their cooperation to address the issue of
illegal emigrants whose number had continued to increase since
early this year, he said.
Meanwhile, Australian news agency AAP reported that Indonesia`s
and Australis`s leaders had agreed in phone conversations to
work together closely to stem the flow of boat people into
Australian waters.
Because of the the two countries` close cooperation, those
emigrants, including children and women, mostly ended up in
Indonesian jails causing some of the jails to become overcrowded.
Recently, 91 illegal immigrants from Afghanistan were put in an
immigration detention center in Pekanbaru, while according to
Yanizur of the Pekanbaru immigration office, the detention house
he oversaw only had a capacity to accommodate 68 people.
"That`s why the detention of 34 other illegal emigrants from
Afghanistan and Pakistan who were netted in the latest in a
series of arrests were transferred to the detention center in
Tanjungpinang, Riau Islands," he said.
Due to the limited space at the Pekanbaru immigratio detention
center, Yanizur said, his subordinates had to hold two married
couples with children under five years at the document and
inventory room of the detention center.
"They have been separated from other detainees because the two
wives were pregnant so they need a larger space," he added.
Those put behind bars might still be luckier than their friends
who lost their lives ate sea on their way to the `land of hope`.
Last April , AAP reported that a boat carrying asylum seekers
believed to be from Afghanistan exploded, killing at least five
people and wounding dozens more. It was the sixth boat of asylum
seekers intercepted by Australian authorities waters this year.
Even when they managed to land on Australian shores, some of
them might end up in a `hell` as they might be escorted by
Australian authorities to Christmas Island which has a
prison-like detention center built during the era of Australian
prime minister John Howard.
Seven boats, carrying 306 asylum seekers, have been
`intercepted` this year. The Rudd government promptly put the
blame on people smugglers for the apparent `surge` in asylum
seekers, Jay Fletcher wrote in his article "Refugees: Let them
land! Let them stay! on Green Left online.
Australian Ambassador to Indonesia Bill Farmer said the jailing
of the third Indonesian skipper involved in recent people
smuggling activity should send a strong message that Australia
would not tolerate such crimes.
"People smuggling is a dangerous crime that exploits vulnerable
people during times of desperation and demonstrates a callous
disregard for the law," Ambassador Farmer said.
Indonesia-Australian partnership
Indonesia is Australia `s largest development assistance
partner, according to a press statement of the Australian
embassy in Jakarta early May 2009.
The Australian government has given a soft loan and a grant of
AS$328 million for the construction of 500 kms of roads through
the Eastern Indonesia National Roads Improvement Program
(EINRIP).
The Australian government had donated around A$387 million for
the construction of 2,000 elementary schools across Indonesia.
The two states co-chaired the Third Bali Regional Ministerial
Conference on People Smuggling, Trafficking in Persons and
Related Transnational Crimes, in Bali last April.
Australian Foreign Affairs Minister Stephen Smith when speaking
in Bali said "We welcome very much the fact that we have very
close cooperation with Indonesia, not just in terms of
information sharing or best practice, but also importantly in
the constructive activities that we engage in. As has the
contribution to assisting countries in our region to criminalize
people smuggling and human trafficking through developing model
legislation."
Australia had `pushed` Indonesia to enact a law which would
criminalize people `smugglers`.
Australian Minister for Home Affairs Bob Debus officially opened
a new computer based training (CBT) center in Bali as part of
cooperative efforts between the Australian Federal Police, the
Indonesian National Police and the United Nations Office for
Drugs and Crime (UNODC).
The center would increase the capacity of the Indonesian
National Police to manage the training of Indonesian police
officers in combating a range of transnational crime types,
including the `smuggling` of foreign emigrants to Australia.
Indonesian and Australian forces have been successfully
intercepting boats at sea, turning emigrants back to Indonesia,
and arresting asylum seekers before they attempt the journey to
Australia.
What a drastic contrast with the helplessness of the Aboriginal
people almost three centuries when they saw the flow of European
immigrants into their land which is now called Australia.
Jakarta, May 9 (Antara News)

Indonesia's Presidential Elections

The Un(wanted) Candidates








Upon observing coalition agreements made by the leaders of
political parties, the upcoming presidential election, scheduled
for July 8, will very likely be a three-horse race. But are the
three presidential candidates and their running mates really who
the Indonesian public want to see contesting?

The three presidential candidates are incumbent President Susilo
Bambang Yudhoyono (who has yet to announce a running mate),
incumbent Vice President Jusuf Kalla, who will partner with Gen.
(ret) Wiranto, and the camp led by former president Megawati
Soekarnoputri, who will most likely partner with Lt. Gen. (ret)
Prabowo Subianto.

A good point in observing the presidential candidacy is the fact
that the election will not be a one-man show, as had been feared
previously by many. Eligible Indonesian voters will be given the
opportunity and liberty to choose among the three available
candidate pairs.

The question is, however, whether the three candidates - and
their potential running mates - truly represent the interests
and expectations of voters.

It has been interesting but also discouraging to monitor the
maneuvers made by the candidates and to see who they have chosen
as partners to contest the election.

The reasons provided by Jusuf Kalla for his choice of Wiranto as
his running mate are trivial and difficult to accept in this era
of modern leadership and management principles.

Kalla's argument that Wiranto was the perfect match (Wiranto is
a Javanese, which would complement Kalla who is non-Javanese;
Wiranto has a military background, whereas Kalla has a civilian
and business background) were understandable and could have
benefited Kalla if he had run for the presidency during the New
Order era, when the Java/non-Java and civilian/military
dichotomies were prevalent. However, these days such traditional
grounds should not be the key and determining factors any more,
but shared interests and ideology.

Similar reasons would likely be adopted by Megawati in picking
Prabowo as her running mate. It is true Megawati and Prabowo
have yet to agree on the final combination of their partnership
- whether Megawati will be the presidential candidate and
Prabowo the vice presidential candidate, or if Prabowo will be
the presidential candidate and a senior official from Megawati's
Indonesian Democratic Party of Struggle (PDI-P) will be
Prabowo's running mate.

However, one thing is certain: Megawati and Kalla's choices of
running mates for the July 8 election were both made with the
same goal - to beat Yudhoyono.

Yudhoyono, whose Democratic Party (PD) will very likely top the
April 9 legislative election tally, has been relatively quiet
and passive in maneuvering to establish a coalition ahead of the
presidential election. However, the fact that there are only
Islamic parties for it to form a coalition with is no advantage
for PD, a centrist party.

The three presidential candidates and their partners are already
on the "election menu". They have the constitutional right to
contest the election, but in the end it is the Indonesian voters
(or to be more precise the eventual voter turnout) that will
decide whether one of them will be triumphant enough to be
declared the winner.

The Jakarta Post Editorial

Plot to overthrow Laotian Government

Plot to overthrow Laotian Government - CIA's Lao Ally Faces 'Outrageous' Charge
BANGKOK - Defense attorneys for a group of 11 American citizens
accused of plotting to overthrow the Lao government are set to
file a motion to dismiss the case on the grounds of outrageous
US government conduct. The highly anticipated case comes as
Washington bids to rebuild bilateral relations with its former
Cold War adversary, including the passage in recent years of a
bilateral trade agreement and US military offers to assist with
development projects.
The accused group, which includes Vang Pao, a legendary ethnic
Hmong general who led a Central Intelligence Agency (CIA)-backed
secret army in Laos during the Vietnam War, was arrested in
California in an elaborate sting operation in June 2007. They
were allegedly trying to purchase US$9.8 million worth of
weapons - including Stinger missiles - to launch a coup against
Vientiane's communist-led government.
The motion is scheduled to be heard on May 11 before a US
District Judge in Sacramento, California. "[The government] has
fundamentally mischaracterized the defendants' alleged conduct,"
reads the 17-page defense motion which Asia Times Online
reviewed. " ... [I]n reality - even according to the
government's own evidence - there was no 'audacious plan to
overthrow the government of Laos' until the government launched
it, and the so-called 'conspirators' were incapable of
formulating any plan, obtaining weapons, paying for them,
delivering them to Laos, or otherwise carrying out the alleged
crimes in this case without the government leading their
efforts."
The case against the group, which reads more like a B-movie
script than a real-life investigation, goes back to January 2007
when a 60-year-old retired US army officer received an
unexpected phone call at his home in Woodland, California.
Harrison Ulrich Jack, a West Point graduate and Vietnam War
veteran, picked up the phone to an unfamiliar caller who
allegedly said, "I have the answer to your problem."
The so-called "problem" the caller was referring to was Jack's
alleged attempts to purchase 500 AK-47 assault rifles. The call
was in response to an inquiry that Jack had allegedly made to a
defense contractor the previous November to try and set up an
arms deal for his Hmong friends in California, who allegedly
wanted to send weapons back to their homeland in Laos. The
weapons were apparently intended for the last remnants of Vang
Pao's secret army, known to be still holding out in the remote
mountains of northern Laos.
Jack's alleged call to the defense contractor in November 2006
has been scrutinized by attorneys. Defense lawyers now argue the
man Jack allegedly spoke to was Namon Hawthorne who "sells
specially processed water that he claims has miraculous healing
powers", and that his only defense connections relate to a
device he invented to initiate explosions of improvised
explosive devices, or IEDs.
Hawthorne apparently tipped off authorities at the US Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) about Jack's
request to purchase arms. Unbeknownst to Jack, the unexpected
caller that January day was not an arms dealer, but an
undercover ATF agent. The recorded call began a five-month sting
operation that eventually led to the arrest of Jack, General
Vang Pao and nine other Hmong-Americans for allegedly trying to
overthrow the Lao government.
According to the criminal complaint filed by the prosecution in
June 2007, the defendants were engaged in an elaborate plan to
purchase a total of US$9.8 million worth of weapons and
ammunition that included automatic rifles, Stinger missiles,
light anti-tank weapon (LAW) rockets, AT-4 anti-tank rockets,
Claymore mines, C4-explosives, and smoke grenades.
An operational plan was drawn up in February 2007 that detailed
how they were going to overthrow the Lao government, which
involved arming Hmong insurgents in the countryside and hiring a
mercenary force of ex-US Special Forces and Navy Seals to enter
the capital of Vientiane and blow up several government
buildings.
Questionable Motives
As impressive as the plot may sound, defense lawyers are quick
to point out that the plan had absolutely no chance of
succeeding and was written not by a military strategist, but by
Hmong-American David Vang, an out-of-work drafter of business
proposals who was promised $5,000 for the job by the accused
group.
"[W]hile the [prosecution] tries to portray the 'conspiracy' as
a dangerous and sophisticated military plan, it cannot refute
the extensive evidence demonstrating otherwise - from the
agent's informing the so-called conspirators that they would
need an operational plan; to his providing a map of the region
when they couldn't procure a useful one; to his explanation of
what GPS was (including that it requires batteries); to the
so-called conspirators' inability to finance the operation ...
," defense lawyers argue in their motion.
According to the defense, the undercover ATF agent assigned to
the case exhorted Jack and his associates to purchase more
sophisticated weapons and to devise an elaborate scheme to try
and topple the Lao government. "[T]he government - not the
defendants - breathed life into the alleged scheme, and
orchestrated its every step," said the defense motion.
"The case cannot proceed [because] the process has been so
corrupted by the government's misconduct that there can never be
any confidence in the validity of the charge," said Mark
Reichel, one of the defense attorneys involved in the case.
For their part, prosecutors deny the allegations of government
misconduct. In a document filed to the court last month, the
prosecution declares that the defendants have "failed to
demonstrate that law enforcement agents or prosecutors in this
case engaged in any sort of misconduct, much less conduct that
would violate due process standards".
But according to case documents, including the affidavit given
by an undercover ATF agent known only as "Steve", in the sting
operation's first meeting with Jack there was no mention of
overthrowing the Lao government or obtaining any weapons other
than 500 AK-47 assault rifles. These weapons were intended only
for self-defense to stop "the Lao government's brutal campaign
of ethnic cleansing against the defenseless Hmong villagers",
according to the defense motion to dismiss the case.
"This plan initially started out as a way of providing
assistance to the Hmong in the jungles of Laos," said Thua Vang,
a researcher and associate member of the California-based Fact
Finding Commission (FFC), an organization established in 2002 to
raise awareness about the plight of the Hmong in Laos. It was
the undercover agent that offered them more weapons and inspired
the defendants to turn the plan into something much more, he
contends.
The FFC has in the past received funds from Vang Pao, but
insists upon its independence and that it receives funding from
many other sources. Since 2002, the FFC has provided documented
evidence, including video footage, of gross human rights
violations committed by the Lao military against the Hmong. The
group has also facilitated trips for a handful of foreign
journalists, including this reporter, to remote groups of Hmong
guerrillas and their family members still holding out against
the communist regime - remnants of Vang Pao's army that never
surrendered after the 1975 communist takeover.
In the early 1960s, Vang Pao was recruited by the CIA to command
an army of mainly Hmong tribesmen in Laos to help fight the
Communist Pathet Lao and the North Vietnamese guerilla forces.
While a staunch American ally and accomplished battlefield
commander, Vang Pao was also complicit in the drug trade which
helped to partially fund the CIA's so-called secret war in Laos.
The Hmong paid a heavy human price for helping the US - more
than 17,000 of Vang Pao's soldiers were killed or unaccounted
for and an estimated 50,000 Hmong civilians died in the jungle
conflict. Thousands more fled to neighboring Thailand and by
2007 there were some 8,000 Hmong at Petchabun province's Huay
Nam Khao refugee camp. The Thai government agreed earlier this
year to repatriate 5,000 Hmong refugees to Laos within this year
and has held since 2007 a group of over 150 former Hmong
resistance leaders and their families in a detention center in
Nong Khai province.
When Vang Pao disbanded his army in the spring of 1975, prior to
the Pathet Lao's imminent takeover of the country, about 15,000
of his soldiers and their family members - by some estimates
numbering around 75,000 - fled into the jungles to fight on.
Today about 1,600 on-the-run guerillas still remain, according
to the FFC.
The irony of the contentious criminal case against Vang Pao and
his ten associates is that the US has allegedly turned against
one of its most loyal Cold War allies for trying to overthrow
the same communist elements he was first recruited by the CIA to
fight against over four decades ago. According to Reichel, one
of the defense attorneys who will argue on May 11, the case
should be dismissed not just for government misconduct in
carrying out the investigation, but also to set the US's foreign
policy straight.
"As the world watches how we carry ourselves in two separate
wars, where we rely on the assistance of indigenous peoples to
help us reach our objectives and to save American lives,
allowing this case to go forward will and should cause no one to
ever assist an American overseas," he said.
Nelson Rand
Asia Times
Friday, May 8, 2009