Confusion has spread among United Nations and international humanitarian aid groups in Burma over new operational guidelines released by the Ministry of National Planning and Economic Development.

The government released the first formal set of guidelines for humanitarian operations in Burma last Tuesday during a meeting with international organisations in Rangoon.

While an English-language document handed out by officials in the meeting contained few changes to operational requirements, the Burmese-language version of the same document detailed several serious new restrictions on the way organisations would be expected to operate.

In a further twist, a draft English-version of the official document was leaked to the UN weeks before the meeting, containing many of the restrictions cited in the official Burmese version.

But most of those changes to operational rules were omitted in the official English version leaving UN and NGO workers unsure of which document to believe.

All three documents, which have been obtained by Mizzima, are different.

The more serious restrictions listed in the Burmese-language and draft English versions would heavily impact on international aid operations.

The documents said groups would be forced to choose Burmese staff from military-prepared lists and that operations would be overseen by committees made up of civil groups including the state-backed Union Solidarity and Development Association and Women's Affairs association.

When international staff first saw the leaked draft English version of the guidelines, they said they were gravely concerned over the new restrictions.  After the meeting, when the softer English version was handed out, aid workers said they were relieved.

"News was definitely not as bad as we had feared.  There had been rumours -- based on an initial draft document that was circulating -- that all future staff in UN agencies and INGOs would have to be hired from a shortlist of candidates provided by the Government . . . Fortunately, this possibility has not reared its ugly head," one humanitarian worker told Mizzima after the meeting.

But a high-level international aid worker told Mizzima the fact that the Burmese language version of the document contained the same restrictions as the previously leaked version -- plus a stipulation that all international field workers would have to be accompanied by a government official during in-country visits or inspections -- showed the government did plan to impose the new rules.

The worker said the rules were worrying and that they would have a serious impact on international aid operations in Burma.

"The restrictions if imposed as they stand will have serious repercussions on our activities. Greatly reducing them as we would have difficulty operating within the parameters of the humanitarian principles to which we must all comply.  Donors would be more hesitant to support operations in [Burma]," the high-level worker said.

The recent insistence by the military that USDA members accompany International Committee of the Red Cross workers on prison visits -- causing the group to halt inspections -- was seen by some aid workers as evidence the military planned to enforce the new restrictions.

UN and INGO workers have expressed concern that if the new restrictions were enforced some groups would be forced to cease operations in the country.

The Global Fund to Fight AIDS, Tuberculosis and Malaria withdrew US $98 million worth of funding from Burma last year, citing unreasonable restrictions on the operations of recipient organisations.

International humanitarian organisations are known to be requesting a second meeting with military officials to clarify the matter.

"I haven't heard anyone here speaking of some of the more draconian measures in the original document being imposed.  Maybe they will be.  Maybe they won't.  Nothing more than guess work at this point . . .," one aid worker said.

Burma’s military government may be planning to implement further debilitating restrictions on humanitarian agencies in Burma, according to a recently distributed document— despite the official presentation of softer guidelines to representatives of the international humanitarian community in Rangoon on Tuesday.

UN and other international aid workers left Tuesday’s briefing on the new formalized rules for UN and NGO offices “optimistic” that a new government proposal to hold frequent dialogues—every one or two months—with aid workers might represent an opportunity to resolve recent problems.

“It is the first-ever guidelines [that have] come out officially…which is a positive step,” Bhim Udas, chief representative of the World Food Program, said after the session.

However, the existence of a similar but more detailed document drawn up by the Burmese Ministry of National Planning and Economic Development, following a meeting between Prime Minister Gen Soe Win and concerned ministers on January 5, suggests the government may be about to impose constraints on international humanitarian offices, which aid workers deem unacceptable.

These guidelines—which the UN received unofficially, and indirectly, and then distributed to its various offices a week ago—say that all aid workers would have to be accompanied by a representative of one of several junta-affiliated groups, including the Union Solidarity and Development Association.

The International Committee of the Red Cross recently suspended prison inspections throughout Burma after local-level USDA members insisted they supervise meetings with detainees.

Patrick Vial, the ICRC’s chief representative in Burma, has said the impasse was likely the result of a misunderstanding at the regional level. But this recent insight into the junta’s plans suggests the policy of supervising humanitarian programs generally has been rubber-stamped by the prime minister. The ICRC has said it hopes to resolve the matter in ongoing discussions with the government. Vial was unavailable for comment today.

If the policy were to be formally introduced, the UN and other aid agencies would almost certainly feel unable to continue normal operations in Burma.

The text that we were given [at Tuesday’s meeting] was actually far less restrictive than the text that was circulating underground.

Other points of concern include the provision that international aid offices would only be able to recruit Burmese staff from a list drawn up by the government, a condition imposed in only a handful of countries including North Korea and formerly in Vietnam.

The document also states that all funds would have to be deposited in the government-owned Myanmar Foreign Trade Bank, and withdrawn in foreign exchange certificates.  The worry is that each FEC would then have to be exchanged at the official rate of 450 kyat.  The street rate is nearer 1,100 kyat, which in turn is roughly equal to one US dollar.  If such a measure were to be imposed, the junta would effectively be making huge profits on international aid money through manipulation of the exchange rate, sources say.

Adding further confusion to the situation, guidelines jointly distributed on Tuesday by Foreign Minister Nyan Win, Minister of National Planning and Economic Development Soe Tha and Minister of Home Affairs Maj-Gen Maung Oo make no mention of these conditions.

“The text that we were given [at Tuesday’s meeting] was actually far less restrictive than the text that was circulating underground,” a humanitarian worker told The Irrawaddy.

Although these guidelines list objectives including the protection of “national interests” and prevention of moves that may “jeopardize state sovereignty”— as in the case of the original document—it does not mention the USDA or restrictions on recruiting local staff.  Tuesday’s guidelines also make no mention of how funds would have to be deposited in Burma.

The main change to the existing situation—which is outlined in both documents—means that the Ministry of National Planning and Economic Development would take over from the Ministry of Home Affairs as the junta’s main liaison with the UN and NGOs.  The move means that Soe Tha would become chairman of a new coordination committee, with Nyan Win as vice-chairman and a host of other ministers, including Maj-Gen Maung Oo, as members.

The chief UN Coordinator in Burma, Charles Petrie, in responding to the briefing told the three ministers that the humanitarian community in Burma welcomed the opportunity to hold frank dialogue with the government, also highlighting the three humanitarian principles of humanity, impartiality and neutrality.

Petrie will now meet other UN heads in the next few days in order to receive feedback on how to proceed in what remains an unclear situation. Meanwhile, humanitarian workers in Rangoon are left wondering what was the motivation behind the government’s decision to suddenly address the issue.

While most aid workers expressed relief at the outcome of Tuesday’s session, one high-level aid worker said both sets of guidelines point to more problems in the future: “I fear we’re going to see [the situation] slide further,” he told The Irrawaddy on Wednesday.

The WFP’s Udas insisted that recent developments would not affect his agency’s operations: “It’s business as usual,” he said.

International aid workers in Burma say they will use the opportunity to communicate with the government to press for fewer restrictions, as they enter a critical 12 months with more pressing humanitarian needs in Burma. The UN and NGOs are currently preparing to begin programs to address the threat of bird flu, further compensate for the loss of Global Fund money to tackle HIV/AIDS, tuberculosis and malaria, and launch a far-reaching measles campaign at the end of the year.

Meanwhile, Burma’s humanitarian community will wait to see which of the two sets of guidelines the government will eventually follow.

The Global Fund to fight HIV/AIDS, tuberculosis and malaria has terminated its grants to Burma less than a year after the operations started.

Jon Liden, the Fund's spokesperson, gives a damning report on the reason for termination, saying the Burmese authorities were making it "impossible" for them to "continue with the program and activities in a responsible way."

The Geneva-based Global Fund, an independent organisation set up by the United Nations, announced on Friday that grants totalling US$98.4 million (£54.8 million) over five years will be phased out by the end of the year.

Change in attitude

"What makes the situation worse in Burma is that the government of Burma is not allowing international organisations... to actually do the work and reach the people in Burma."

Jon Liden, spokesperson, Global Fund

Liden tells BBC Burmese, "When we started work just months ago, there was a clear sense of optimism... We thought that the authorities wants the Global Fund program to proceed and benefit real people who really needed it."

However, the authorities' attitude changed in the past few months, he says.

Despite written agreements and a clear understanding with the Burmese government, Liden says the government implemented new travel clearance procedures in July 2005.

According to Liden, this makes it impossible for them to oversee the implementation of grants outside the capital Rangoon, and unable to ensure its money would reach those who need it most.

Impossible to work

He adds, "The needs, as you know, are enormous. We had hoped we would be able to prove wrong the people who said Burma is too difficult to work in. "  "Now unfortunately, we have tried and we have seen that it is not, at least for the Global Fund, possible."

"What makes the situation worse in Burma is that the government of Burma is not allowing international organisations... to actually do the work and reach the people in Burma."

Not an isolated incident

Liden says "there needs to be a change in the approach" by the authorities for organisations like his to be successful.

Recent news reports have also cited analysts and non-governmental organisations who spoke of the increasing restrictions the Burmese government was placing on them.

According to the Global Fund, Burma is the second most affected country in terms of HIV/AIDS in South East Asia after Thailand, has one of the highest rates of tuberculosis worldwide and 71% of the population is under risk from Malaria.

New government restrictions make grant implementation impossible

Geneva - Given new restrictions recently imposed by the government of Myanmar, the Global Fund has concluded that its grants to the country cannot be managed in a way that ensures effective program implementation.  As a result the Global Fund yesterday terminated its grant agreements to Myanmar.

The decision means that three grants, one each for HIV/AIDS, tuberculosis and malaria, with a total value of US$ 35.7 million over two years, will be phased out by the end of the year. The decision has been taken after consultations with the United Nations Development Programme (UNDP), which is the Principal Recipient of Global Fund grants in Myanmar.  The Principal Recipient is responsible for grant implementation in the country.

“Both the Global Fund and UNDP are very concerned about the tremendous need to provide humanitarian assistance, and to prevent further spread of the three diseases in Myanmar,” said Richard Feachem, the Executive Director of the Global Fund.  “It is therefore with considerable regret that the Global Fund, after consultations with UNDP and other international partners, has had to terminate its grants to Myanmar.”

In July of this year, the government of Myanmar instituted new travel clearance procedures, which will have the effect of restricting access to grant implementation areas by the Principal Recipient, staff of implementing partners and Global Fund staff.  In addition, the government imposed new procedures for the review of procurement of medical and other supplies, which are a vital aspect of Global Fund project implementation.  The Global Fund has concluded that these measures would prevent the implementation of performance-based and time-bound programs in the country, breach the government's written commitment to provide unencumbered access, and frustrate the ability of the Principal Recipient to carry out its obligations.

The travel restrictions appear to be the most recent manifestation of a gradual change in the government’s attitude towards international and national humanitarian efforts in Myanmar over the past few weeks.

The Global Fund will work with UNDP to gradually terminate activities, sub-recipient contracts, and all other contracts.  All unspent assets will be returned to the Global Fund. The UN family will now work with other development partners to explore appropriate alternative ways of responding to these three epidemics in Myanmar.