ton, D.C. 20036. FAX: 301-983-5011. E-mail:
. Website: http://www. soros.org/burma.html. ON THE COVER: M
V O L . IV, N O . 4
N O V E M B E R / D E C E M B E R 1997
UN
SPECIAL
RAPPORTEUR
IN HER O W N WORDS:
Aung San Suu Kyi
A RESOLUTION OF NATIONS
T H E ISSUES.... ADVISORY
U N SPECIAL RAPPORTEUR
BOARD
PATRICIA D E R I A N F o r m e r U.S. Assistant Secretary of State for H u m a n Rights and H u m a n i t a r i a n Affairs
For nearly a decade, t h e a n n u a l meeting of the United Nations General Assembly has p r o vided a f o r u m for discussion a n d debate on t h e h u m a n rights situation in B u r m a . Although a signatory t o t h e U N C h a r t e r a n d various U N Conventions, the g o v e r n m e n t o f M y a n m a r c o n tinues to be criticized for n u m e r o u s violations of basic h u m a n rights against its own people. So
D A N I E L S. LEV
m u c h so that since 1992, a UN Special R a p p o r t e u r has b e e n assigned to report on c o n d i t i o n s
Professor of Political Science University of Washington
inside t h e country. Despite t h e provision of the 1997 UN Resolution calling u p o n the g o v e r n m e n t to ensure access to the Special Rapporteur, his repeated requests for permission to visit
ARYEH NEIER President Open Society Institute
B u r m a over the past year a n d a half have b e e n ignored. Here are excerpts from his r e p o r t a n d the response by the Burmese regime.
JAMES S C O T T Director T h e S o u t h e a s t Asia C o u n c i l Yale U n i v e r s i t y
SOLI SORABJI Former Attorney General Republic of India
M A R Y PACK Editor
I N HER O W N W O R D S Restrictions placed on D a w A u n g San Suu Kyi, t h e head of Burma's N a t i o n a l League for D e m o c r a c y ( N L D ) , d u r i n g t h e past year have n o t only prevented her from c o n d u c t i n g her "weekend talks," b u t also limited her access to foreign journalists. Telephone lines have often been cut a n d visits closely m o n i t o r e d , m a k i n g interviews m o r e and m o r e rare. Freelance televi-
Burma Debate, a publication of the Burma Project of the Open Society Institute, is dedicated to providing an ongoing forum for commentary and analysis of issues concerning Burma. The director of the Burma Project is Maureen Aung-Thwin.
sion journalist Jeanne Hallacy was o n e of t h e few people able to conduct a video i n t e r v i e w of the N L D leader d u r i n g her visit to R a n g o o n in September, discussing the prospects f o r dialogue between t h e d e m o c r a t i c opposition a n d the military as well as the possible roles f o r A S E A N and the United Nations in that process.
Opinions expressed here are those of the authors and not necessarily of the publishers. Burma was officially renamed Myanmar in 1990 by the ruling military government. This publication will keep to the term used prior to that date, except when individual authors choose otherwise. Burma Debate is published six times a year. For comments or permission to reprint contents write to: P.O. Box 19126, Washington, D.C. 20036. FAX: 301-983-5011. E-mail:
[email protected]. Website: http://www. soros.org/burma.html ON THE COVER: Members of the Delegation of the Union of Myanmar at the UN General Assembly.
A RESOLUTION OF NATIONS For t h e seventh year since 1988, the United Nations General Assembly ( U N G A ) has passed a resolution on the Situation of H u m a n Rights in Myanmar. C o - s p o n s o r e d by t h i r t y - o n e M e m b e r States, t h e resolution was a d o p t e d by consensus in t h e T h i r d C o m m i t t e e of t h e U N G A on N o v e m b e r 24, 1997. T h e resolution takes n o t e of t h e c o n t i n u i n g violations of h u m a n rights a n d t h e on-going repression of t h e d e m o c r a t i c opposition. In his response to the Third C o m mittee, A m b a s s a d o r U W i n M r a , Representative of t h e Delegation of M y a n m a r to t h e U N , refutes p o i n t s raised in a resolution he describes as "not acceptable."
COVER DESIGN Elizabeth O'Keefe LAYOUT & DESIGN Pensaré Design Group
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....THE DEBATE
4 19 21
SITUATION OF H U M A N RIGHTS IN MYANMAR Report of the UN Special Rapporteur
INTERVENTION BY AMBASSADOR U PE THEIN T I N The Representative of Myanmar
D A W AUNG SAN S U U KYI In Her Own Words
I N BRIEF 36
ROUNDTABLES BRIEFINGS AND DEVELOPMENTS
37
INSIDE WASHINGTON BUSINESS W A T C H
38
VOICES OF BURMA M E D I A RESOURCES
39
28 32
S L O R C SPEAKS
U N RESOLUTION O N MYANMAR Adopted by the Third Committee of the United Nations General Assembly
STATEMENT BY AMBASSADOR U W I N MRA Permanent Representative and Alternate Chairman of the Delegation of the Union of Myanmar
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U N SPECIAL RAPPORTEUR
SITUATION OF
HUMAN RIGHTS IN
MYANMAR Excerpts from the Report of the UN Special Rapporteur
his report was submitted to the members of the 52nd Session of the United Nations General Assembly (UNGA) by Mr. Rajsoomer Lallah, UN Special Rapporteur of the Commission on Human Rights, in accordance with the provisions of the 1997 UNGA Resolution on Burma.
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The remains of a refugee e n c a m p m e n t f o l l o w i n g a major Burmese military offensive against ethnic Karen in January, 1 9 9 7 .
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ACTIVITIES OF THE SPECIAL RAPPORTEUR ince his a p p o i n t m e n t in June 1996 and, despite the request renewed in latest resolutions of the General Assembly and the Commission on H u m a n Rights that he have direct access to the Government and people of Myanmar, the Special Rapporteur has so far n o t been allowed by the Government to visit the country and to see the situation on the ground.
S
It is significant to n o t e that in their responses m a d e after the p r e s e n t a t i o n of the reports of the Special R a p p o r t e u r to the General Assembly in November 1996 (A/51/466) and to the Commission on H u m a n Rights in April 1997 (E/CN.4/1997/64), the representatives of the Government of M y a n m a r in New York and Geneva indicated that the Special R a p p o r t e u r w o u l d have the o p p o r t u n i t y to visit Myanmar at a mutually convenient time. Under those circumstances, the Special Rapporteur wrote for the fourth time to the Government of Myanmar seeking its cooperation and requesting its authorization to visit the country. In his latest letter, dated 4 June 1997, the Special Rapporteur referred to his previous letters dated 9 and 26 July 1996 and 9 January 1997. The Special Rapporteur again expressed his continuing desire to have the cooperation of the Government in order to allow him to discharge his mandate fully. He reiterated his wish to visit Myanmar as soon as possible to examine the situation in situ and to meet with appropriate governmental representatives as well as other persons relevant to the fulfillment of his mandate, adding that "such a visit would greatly assist in the establishment of a fruitful and constructive dialogue." There has again been no response to his letter. T h e Special R a p p o r t e u r wishes to express his regret that a l t h o u g h he has for m o r e t h a n a year remained ready to visit the country and to examine a n d discuss the situation in situ, he has yet to be allowed by the Government of Myanmar to see the situation on the g r o u n d , despite the requests expressed in the resolutions of the General Assembly and the Commission on H u m a n Rights. Notwithstanding the absence of cooperation on the part of the Government of Myanmar, the Special Rapporteur, through his missions and consultations, has continued to receive m u c h assistance and information f r o m governmental, intergovernmental and n o n - g o v e r n m e n t a l sources. He has also received
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information from individuals connected in one way or another with the situation in Myanmar. He has f u r t h e r received several w e l l - d o c u m e n t e d reports describing the situation in Myanmar, particularly in relation to the matters over which the General Assembly and the Commission on H u m a n Rights have expressed concern. RIGHTS PERTAINING TO DEMOCRATIC GOVERNANCE n the absence of any improvement in the overall situation of human rights in Myanmar, the Special Rapporteur must state with regret that his previous conclusions relating to the causes of h u m a n rights violations in M y a n m a r remain valid. T h e Special Rapporteur had previously emphasized that the core of the p r o b l e m in M y a n m a r lay in the absence of respect for rights pertaining to democratic governance insofar as that absence implied a structure of power that was autocratic and accountable only to itself, t h u s inherently resting on t h e denial a n d repression of fundamental rights.
I
The politico-legal structure of Myanmar has not changed in the past year, and the exercise of power u n d e r such a s t r u c t u r e c o n t i n u e s to be used in a m a n n e r and to an extent that persistently violates basic a n d universally accepted civil a n d political rights. The laws in place in Myanmar, on which the Special R a p p o r t e u r c o m m e n t e d in his p r e v i o u s reports, c o n t i n u e to be used together w i t h a host of executive orders to criminalize m a n y aspects of n o r m a l civilian conduct, especially political activities. In that regard, the Special R a p p o r t e u r c o n tinues to receive information that gives rise to grave concerns. With respect to restrictions on political parties, reports indicate that in Myanmar they are subject to intense and constant m o n i t o r i n g by the State Law and O r d e r Restoration Council (SLORC). In that regard, the Special R a p p o r t e u r received several reports of acts aimed at restricting the activities of political parties in addition to the existing SLORC orders, including one prohibiting the assembly of five or m o r e persons, which r e m a i n s in effect. Members of political parties are not allowed to leave their locality w i t h o u t prior p e r m i s s i o n f r o m the authorities, otherwise they risk arrest a n d interrogation by the police or military intelligence agents.
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N u m e r o u s reports indicate that although Daw Aung San Suu Kyi is no longer u n d e r house arrest, her freedom of m o v e m e n t , association a n d expression nevertheless c o n t i n u e to be severely curtailed by the presence of military roadblocks outside her residence. The objective of the roadblocks is to prevent or deter people f r o m seeing her a n d to p u t a stop, since the end of last year, to her weekly meetings and addresses to the m e m b e r s of NLD, its sympathizers and the citizens of Myanmar generally. The reports f u r t h e r indicate that she is subject to vilification a n d u n s u b s t a n t i a t e d allegations by certain officials of t h e r e g i m e a n d t h e g o v e r n m e n t controlled media without the possibility of defending herself. Indeed, it would appear that even watching a videotape p o r t r a y i n g her could a m o u n t to a criminal offense. G a t h e r i n g s of political parties are r o u t i n e l y repressed; NLD members and their sympathizers are prevented f r o m attending the gatherings. They are methodically arrested either on their way to such meetings, as mentioned above, or after attending the gatherings. According to reports f r o m a n u m b e r of sources, the h a r a s s m e n t a n d arrests culminated d u r i n g the third week of May 1997 when m o r e than 300 NLD m e m b e r s were arrested as a pre-emptive attempt by M y a n m a r a u t h o r i t i e s to p r e v e n t a p a r t y congress commemorating the seventh anniversary of the NLD victory in the 1990 elections. Those arrested included at least 60 elected M e m b e r s of P a r l i a m e n t a n d senior party members. Many of the arrests took place in the Mandalay and Sagaing divisions as the NLD m e m b e r s were p r e p a r i n g to travel to Yangon to attend the congress. In o t h e r parts of the country, such as Ayeyarwadey Division a n d Shan, M o n a n d Kayin (Karen) states, it was f u r t h e r reported that a dozen others were detained in their homes and have been told that they would be arrested if they attempted to go to Yangon. T h e congress was d u e to take place on 27 a n d 28 May 1997 at t h e h o m e of t h e NLD General Secretary, Daw Aung San Suu Kyi. On 27 May 1997, the Chairman-Rapporteur of the Working Group on Arbitrary Detention, together with the Special Rapporteur, sent a letter to the Myanmar Minister for Foreign Affairs drawing the attention of the Myanmar authorities to information received and requesting information concerning the situation....
B U R M A DEBATE
On t h e same day, t h e o f f i c e r - i n - c h a r g e of t h e Office of the United N a t i o n s High C o m m i s s i o n e r for H u m a n Rights issued a press release expressing his deep concern at reports of detentions and arrests of NLD m e m b e r s and called u p o n the G o v e r n m e n t of M y a n m a r to respect fully international n o r m s of h u m a n rights a n d t h e principles e n s h r i n e d in the Universal Declaration of H u m a n Rights.
The
Myanmar
authorities
objectivity of the
to
the
because
the validity and
sources of the information. According to
M y a n m a r officials,
accurate
questioned
most of the information
it e m a n a t e d from
provided was
not
sources hostile
Government.
The M y a n m a r authorities questioned the validity and objectivity of the sources of the information. According to M y a n m a r officials, most of the information provided was not accurate because it emanated f r o m sources hostile to t h e G o v e r n m e n t . T h e M y a n m a r authorities denied that anyone had been arrested or detained. In that regard, the Office of the U n i t e d N a t i o n s High C o m m i s s i o n e r for H u m a n Rights received a letter dated 18 June 1997, the following extracts of which speak for themselves: " T h e NLD's so-called election anniversary was held in Yangon on 22 and 26 May 1997. T h e meeting was chaired by NLD C e n t r a l Executive C o m m i t t e e m e m b e r s U A u n g Shwe a n d U T i n O o . Seventy Party m e m b e r s attended the meeting. T h e points f r o m the annual party were discussed during the course of the meeting a n d t h e o u t c o m e of the deliberations were to be circulated to party m e m bers after 28 May 1997. " N o p r e p a r a t i o n s h a d b e e n m a d e inside Daw Aung San Suu Kyi's c o m p o u n d or any other place to hold meetings on 27 and 28 May 1997.
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N O V / D E C 1997
"No official request was put up to the a u t h o r i ties c o n c e r n e d by t h e N L D officials to hold such meetings. "However, invitations were distributed by NLD not only to its members, but also to diplomats and journalists.
"The situation in Yangon is calm and business is going on as usual." Distribution of party literature to the public is not allowed, and political parties are generally forbidden to use any means such as videotapes or printing e q u i p m e n t for the r e p r o d u c t i o n and distribution of their bulletins, pamphlets and statements. In this situation, it is difficult to assume that open discussion can possibly take place in M y a n m a r . T h e expression of political views is not permitted unless it is in s u p p o r t of the present military regime... T h e Special R a p p o r t e u r c o n t i n u e s to receive reports alleging that SLORC continues to harass and keep t h e N L D s u p p o r t e r s u n d e r pressure b y sentencing their members under made-up charges when they decline to resign. Thus, U Khin Tun was reportedly told by SLORC to resign from his position as Secretary of the NLD organizational committee in Manbin. He refused to resign and was consequently sentenced to three months in prison.
Y o u n g K a r e n , v i c t i m s of f o r c e d r e l o c a t i o n , s t u d y in a make-shift s c h o o l a l o n g the T h a i - B u r m a b o r d e r .
"About 80 NLD m e m b e r s gathered at f o u r different points on the m o r n i n g of 27 May 1997. The embassies of t h e U n i t e d States, U n i t e d K i n g d o m , Australia and Italy sent representatives to attend the function. " T h e NLD m e m b e r s a n d the embassy officials were briefed by t h e a u t h o r i t i e s that no official request was m a d e by the NLD officials to hold such meetings a n d that no preparations have been m a d e at Daw Aung San Suu Kyi's residence for those gatherings. T h e authorities, after explaining the situation, requested t h e m to leave the area. "No one had been arrested by the authorities. But there were instances where local authorities had requested s o m e invited p a r t y m e m b e r s to r e f r a i n f r o m taking a course of action which is geared to create chaos a n d instability in the country. "The Government is only trying to maintain law and order as well as stability in the country.
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U Saw U Re was reportedly forced to resign from NLD and also from Parliament and then sentenced to 17 years' imprisonment. NLD members who refused to resign and who have not been arrested, and their families, are reportedly facing other harassments, such as being forced to vacate apartments. U Nyunt Win, an NLD Member of Parliament representing the Yeki constituency, was told by SLORC to resign from his position. Because he refused, he was told by the Town and Village Housing Development Board, which claimed that its action was in accordance with the directive dated 6 November 1996 of the Irrawaddy Division Law and Order Restoration Council, to vacate the State-owned apartment where he and his family lived. ... The Special R a p p o r t e u r has received information that on 21 February 1997, in Taungu, Pegu Division, 18 members of the Taungu NLD Township Organizational C o m m i t t e e were taken away by t h e police a n d m e m b e r s of the Ward/Village Law a n d O r d e r Restoration Councils w i t h o u t any r e a s o n given. Those taken away were U Myat T h u , U Saw Tun Nwe, U M a u n g Win, U Myint T h e i n , U Thet Tun, U Kyaw Win, U Tin Thaung, U Kyaw Myint, U Tun Tin, U Tin Soe, U Pe W i n a n d U Kyaw W i n .
NOV/DEC 1997
Those arrested were taken away in a r m y vehicles on 22 February. According to reports dated 24 February, the arrested people were seen in an army c a m p near Tabye village in H t a n d a b i n township. Later, U Saw Tun Nwe was f o u n d dead at a roadside in the vicinity of his native village. T h e following m e m b e r s of N L D in Kyaungon t o w n s h i p have, according to i n f o r m a t i o n received by the Special Rapporteur, been sentenced to prison: U Tin A u n g ( N L D M e m b e r of P a r l i a m e n t for Wakema), U Kyaw Din (Chairman of NLD Organizational Committee), U Ko Wai (Secretary), U Aung Kywe (Joint Secretary), U Win Kyi, U Tun Shwe, U Tin Nyein, U M a u n g Kan, U Yu Wai, U Pe Tin a n d Daw Khin Yee are r e p o r t e d to be serving t i m e in Maungmya Jail. They were charged u n d e r section 5 (e) of the 1950 Emergency Provision Act for having taken a p r o m i n e n t part in the funeral of a one-time m e m b e r of the NLD Organizational Committee. Due Process of Law T h e Special Rapporteur, in his previous report to the General Assembly (A/51/466, paras. 62 to 71), analysed the notion of due process of law in Myanmar. He came to the conclusion that neither is due process of law respected nor is the rule of law upheld. The information received during the past year confirms that there is consistent failure to respect d u e process and the rule of law, as the following examples demonstrate. In January 1997, the trial of 20 people was, according to reports received by the Special Rapporteur, held in a closed session in Yangon and the accused were denied access to legal counsel. The group, which included six NLD members was jailed for seven years for allegedly "inciting students and non-students during December 1996 student demonstrations"... . . . A n o t h e r r e p o r t e d case of an u n f a i r trial has been brought to the attention of the Special Rapporteur. At Insein p r i s o n , 22 political p r i s o n e r s were r e f u s e d access to legal counsel. T h e r e were also r e p o r t s that beatings and t o r t u r e were used as a means of obtaining confessions for use as evidence against some of the accused. The prisoners... were charged u n d e r section 5(e) of the 1950 Emergency Provision Act for writing and distributing allegedly false i n f o r m a t i o n . They all received an additional sentence of seven years with hard labour.
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The Right to Form and Join Trade U n i o n s With respect to the right to f o r m and join trade unions, and notwithstanding the fact that Myanmar is a p a r t y to I n t e r n a t i o n a l L a b o u r O r g a n i z a t i o n (ILO) Convention No. 87 of 1948 concerning freed o m of association a n d protection of the right to organize, workers a n d employees in M y a n m a r do not enjoy the right to join organizations of their own choice outside the existing structure. Furthermore, such organizations do not have the right to join federations and confederations or to affiliate with international organizations without i m p e d i m e n t . This year again, the situation in M y a n m a r was examined by the ILO Committee on the Application of S t a n d a r d s at the e i g h t y - f i f t h session of t h e International Labour Conference held in June 1997 at Geneva. Regarding the application by M y a n m a r of ILO Convention No. 87, the Committee took note of the statement of the M y a n m a r G o v e r n m e n t representative indicating his Government's commitment to harmonize law and practice with the Convention in promoting and protecting the legitimate rights of all workers ...The C o m m i t t e e once again expressed its prof o u n d regret that it had not received a report f r o m the G o v e r n m e n t , a n d that t h e g o v e r n m e n t representative to t h e C o n f e r e n c e C o m m i t t e e h a d only repeated what had been said in previous years concerning its intention to apply the Convention without being able to indicate that any specific positive developments had occurred in law and in practice. It recalled that it had been commenting u p o n the serious incompatibilities between the Government's law and practice, on the one hand, and the Convention, on the other hand, for 40 years... Forced Labour ...With respect to the prohibition of forced or compulsory labour and notwithstanding the fact that M y a n m a r since 1955 has been a party to ILO C o n vention No. 29 concerning forced labour, M y a n m a r still continues to use such l a b o u r . . . . ...At the I n t e r n a t i o n a l L a b o u r C o n f e r e n c e in June 1996, t h e C o m m i t t e e on t h e Application of Standards noted the persistent failure of M y a n m a r to implement the Convention, a n d 25 worker-delegates lodged a c o m p l a i n t against M y a n m a r u n d e r Article 26 of the ILO Constitution.
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The complainants alleged that the Government of Myanmar had demonstrated its unwillingness to act u p o n the repeated calls addressed to it by the supervisory bodies of ILO to abolish forced labour in law and in practice, and that instead the practice of forced labour was becoming more widespread, and the authorities in Myanmar were directly responsible for its increasing use. At its two hundred sixty-eighth session, in March 1997, the Governing Body decided to refer the complaint to a C o m m i s s i o n of Inquiry chaired by Sir William Douglas (Barbados). The C o m m i s s i o n ' s mandate is to consider whether, and to what extent, the alleged violations exist or existed and to make any r e c o m m e n d a t i o n s it deems a p p r o p r i a t e . The Commission held its first meeting in June 1997 to establish its rules of procedure, and is expected to hold formal hearings of witnesses in November 1997 in Geneva. VIOLATIONS AGAINST ETHNIC MINORITIES 1. Forced displacement Reports indicated that the effect of the actions of the Government of Myanmar in the ethnic minority areas was to force the relocation of the inhabitants f r o m their traditional and ancestral homeland to relocation sites that were subject to tight military control. The Special Rapporteur observes that at present, forcible relocations appear to be taking place in two main contexts: as part of development projects and u n d e r c o u n t e r - i n s u r g e n c y o p e r a t i o n s in ethnic minority regions of the countryside. Although the practice of forced relocation by the military as a means to control the p o p u l a t i o n living in ethnic regions is not new, the scale of such moves increased significantly in 1996, and it is still taking place today, especially in central Shan State and in Kayah State. Victims of displacement are mostly peasants, including m e m b e r s of indigenous a n d / o r ethnic groups such as the Karen, Karenni, Shan and Mon, who are living in areas of insurgency and victimized by c o u n t e r - i n s u r g e n c y activities or caught in the crossfire. Most of them have not been officially registered and do not possess any identification cards or other documents. In most cases, it was reported that persons were given at most one week's notice to move and were told that they would be shot if they
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did not comply. They were forced to leave their piece of land, their crops and most of their animals; much of the property was reportedly stolen immediately or confiscated by SLORC troops. Beginning in early March 1996 SLORC troops reportedly relocated m o r e than 600 villages, comprising more than 20,000 households, in central and southern areas of Shan State. N u m e r o u s accounts received by the Special R a p p o r t e u r indicated that the civilian p o p u l a t i o n living in or near the combat zone was the most susceptible to being forced to move: in those "grey zones" (zones controlled or influenced by the insurgents), the a r m e d forces often resorted to g r o u n d searches, d e s t r u c t i o n a n d b u r n i n g of houses and confiscation of p r o p e r t y and food, which led the people to move temporarily or permanently. In April 1997 the seven villages of Wan Phar Wawng, Wan Nawng Kern, Wan Zalai Loi, Wan Ho Nam, Wan Nawng Wo, Wan Kung Parng a n d Wan Nam Maw Long, all in Laihka township, were reportedly relocated and burned down by SLORC troops. Since the end of June 1997, as a part of the Myay Lan Sanit campaign, SLORC troops have reportedly b u r n t down approximately 256 Karenni houses in seven villages in the Mawchhi area... 2. Indiscriminate bombardment of civilian settlements and arbitrary killings Reports of artillery bombardment of civilian settlements a n d the b u r n i n g of villages have been received by the Special Rapporteur on a regular basis since he was first appointed in June 1996. He now has lists of allegedly destroyed villages a n d ethnic settlements located in many areas (Shan, Kayin and Kayah) of the vast b o r d e r between T h a i l a n d a n d Myanmar. However, there was a noticeable increase in the receipt of allegations of arbitrary killings of civilians during the s u m m e r of 1997. While the Special R a p p o r t e u r had received reports and specific allegations of shelling and b o m bardments of civilian settlements, the most consistent violation of the right to life is said to stem f r o m the continuing s u m m a r y and arbitrary executions within the b o r d e r areas, resulting in the death of large n u m b e r s of innocent persons, including women, children and elderly persons. Such killings often take place when relocated people try to go back
NOV/DEC 1997
to their original villages in order to work their fields or take their possessions. On 19 April 1997 two women from Kung Kyawng village, Namzarng township, were reportedly raped and killed by seven SLORC troops south of Kho Lam. The two women had gone to tend their farm. On 4 May Sai Nya Mon was reportedly shot dead by SLORC troops from Nam Mo. Sai Nya Mon had gotten permission from the SLORC troops to work on his farm at his former village of Kun Sai. While he was driving his old bullock cart towards Kun Sai, SLORC troops went after him and shot him dead in a field near the village. The soldiers left the cart and took the oxen back to Nam Mo where they killed them for meat. On 11 May 15 Palawng villagers of Pha Ngarb village, Namzarng township, were reportedly killed near the village of Nawng Kwai. Tlve villagers, who had been relocated at Kho Lam, had gone back to their former village of Pha Ngarb with five hired bullock carts to gather their belongings. Their bodies were dumped together in a pile, and all the carts and oxen were taken away by SLORC soldiers. On 6 June troops led by Major Nyunt Oo arrested 26 people in Pha Lang village, Kunhing District. The people were accused of having relocated without permission. According to the information received, all 26 villagers were tied up and shot dead at close range... ...Apart f r o m the allegations of indiscriminate killings a n d b u r n i n g of civilian settlements, the Special Rapporteur has continued to receive allegations of other arbitrary killings and extrajudicial executions of persons, either in their villages or after having been taken by the military f r o m the area. General reports have been received stating that all persons are at risk of arbitrary killing on the mere suspicion of being a "criminal" or "sympathizer," or of h a r b o u r i n g or assisting "insurgents." Testimony indicates that some persons who tried to flee were t h r e a t e n e d or actually p r o h i b i t e d f r o m doing so. A t t e m p t i n g to flee is said to be interpreted by the authorities as positive proof of participation in or sympathy with the insurgency and of an intention to r e p o r t on the abuses c o m m i t t e d by the army. BURMA DEBATE
Others were required to obtain safe-conduct passes or pay high fees at checkpoints for permission to leave. O t h e r sources have r e p o r t e d incidents of w o m e n and children being shot at while fleeing in areas near the border with Thailand.
It is further stated that in the course of arrest a n d detention
persons a r e subject t o h a r s h t r e a t m e n t a n d t o r t u r e w h i l e
b e i n g d e n i e d access t o v i r t u a l l y a n y f o r m o f j u d i c i a l p r o c e s s .
As a result, t h e r e a p p e a r s to be a w i d e s p r e a d , if not
universal, fear of governmental authorities in the region.
3. Arbitrary arrest and torture of suspected "insurgents" and "terrorists" Reports indicate that the people living in Shan State are in constant fear of a r b i t r a r y arrest and detention. It is f u r t h e r stated that in the course of arrest a n d d e t e n t i o n persons are subject to harsh treatment and torture while being denied access to virtually any f o r m of judicial process. As a result, there appears to be a widespread, if not universal, fear of governmental authorities in the region. Reports received refer to the army, Tatmadaw, as responsible for a r b i t r a r y arrests and detentions. Large n u m b e r s of security checkpoints are said to have been placed in and around the towns and cities of the region. Military patrols are said to move in and out of the border areas arresting civilians when they are so inclined. Testimony indicates that often the distinction between insurgents and n o n - c o m batants is not made and that, therefore, the inhabitants of those areas who are suspected of being insurgents or sympathizers of insurgents are subject to indiscriminate torture, beatings and arbitrary arrest. THE ISSUE OF CITIZENSHIP n his report to the General Assembly (A/51/466) the Special Rapporteur made some observations on the issue of citizenship. It would be useful to examine the
I
11
NOV/DEC 1997
legislation governing citizenship, if only s u m m a r i ly, in the light of the i n f o r m a t i o n that is available, as such examination may raise questions concerning its consistency with internationally recognized norms. The Special Rapporteur notes that he has not h a d the benefit of discussion with t h e M y a n m a r authorities on this issue a n d that he proposes to do so when he is authorized to visit the country. The different types of citizenship U n d e r the 1982 citizenship law there are three types of citizens: full, associate and naturalized. A full citizen must be able to prove his birthplace and the nationality of his ancestors prior to the first British a n n e x a t i o n in 1823, a n d they m u s t have belonged to an ethnic group settled on the territory before that year. An associate citizen is a p e r s o n o n e of whose g r a n d p a r e n t s was a citizen of a n o t h e r c o u n t r y . Associate citizenship is thus reserved for former foreign citizens or Stateless persons. O n e m u s t note, however, that, in accordance with decree No. 3 relating to the citizenship law, the deadline for submission of applications for associate citizenship expired on 15 O c t o b e r 1982, a n d foreigners a n d Stateless persons can thus no longer apply for associate citizenship. Citizenship by naturalization can be granted to a person who can prove that he was b o r n in Myanm a r a n d his p a r e n t s h a d entered a n d resided in M y a n m a r before 4 January 1948. Persons with one parent w h o is a full, associate or naturalized citizen a n d o n e w h o m is foreigner, with p a r e n t s w h o are both naturalized citizens with one parent w h o is a naturalized and one w h o is an associate citizen can also apply for naturalized citizenship. Applicants for naturalized citizenship must be able to speak one of the national languages well. Obtaining citizenship While full citizens pass on their citizenship to their children if m a r r i e d to a p e r s o n h o l d i n g any f o r m of citizenship, children b o r n of parents w h o are either b o t h naturalized citizens or o n e a n a t u ralized and t h e o t h e r an associate citizen do n o t automatically b e c o m e citizens, but can apparently apply for naturalized citizenship. The citizenship law does not stipulate the status of children whose par-
BURMA DEBATE
12
ents are b o t h associate citizens, but it would seem that in practice such children would receive associate citizenship m o r e or less automatically. Regarding applications for citizenship, the only provision still enabling applications is section 8(a) of the 1982 citizenship law, which gives the authorities the possibility to confer in the interest of the State, on any person, citizenship or associate or naturalized citizenship. The decision would thus seem to be completely within the discretion of the authorities, as there is no clear legal right to o b t a i n citizenship u p o n fulfilling certain criteria. Revocation of citizenship All f o r m s of citizenship, except full citizenship may be revoked by the State. Full citizenship can be revoked only if the person acquires the citizenship of another country or leaves M y a n m a r p e r m a n e n t ly. Associate a n d n a t u r a l i z e d citizens can also be deprived of their citizenship on a n u m b e r of other grounds. The grounds for revocation are so widely f o r m u l a t e d that they m a y easily give rise to arbitrariness in application. A person deprived of citizenship cannot, according to article 22 of the citizenship law apply, to b e c o m e citizens again. By declaration 3/93 of 6 May 1993, the G o v e r n m e n t invited f o r m e r citizens residing abroad w h o wished to give up their foreign n a t i o n a l i t y to apply for M y a n m a r citizenship within a year, an invitation seemingly not extending to persons deprived of their citizenship against their will.... .. .The various distinctions that exist in the law of Myanmar regulating citizenship and its effect on the right to vote, to be elected or to have access to p u b lic office, a n d indeed on other rights p r o m u l g a t e d in the Declaration and that are c o m m o n to citizens as well as n o n - c i t i z e n s in any given State, such as freedom of expression, movement, association and all the other f u n d a m e n t a l rights, would a p p e a r to raise serious q u e s t i o n s of compatibility with t h e principles governing the enjoyment of f u n d a m e n t a l rights as promulgated in the Declaration. In Myanmar, only full and naturalized citizens are entitled to e n j o y citizenship rights, with t h e exception of rights f r o m time to time stipulated by the State. All forms of citizenship entail the right to vote, but only full citizens may stand as candidates in elections.
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Although not precluded by the citizenship law, an associate citizen c a n n o t in practice own land or fixed property, be educated as a doctor or an engineer or w o r k as a private teacher or f o r a foreign firm, United Nations agency or foreign embassy or stand for any elected post. Citizenship identity cards While all citizens are in principle entitled to a passport for travel abroad, the passports remain with t h e a u t h o r i t i e s while their h o l d e r s are staying in M y a n m a r , a n d t h u s c a n n o t be used for identification. Instead, citizens are required to carry identity cards (citizenship cards) at all times. The identity cards are coloured differently according to the type of citizenship one possesses. The cards must be produced to enjoy a n u m b e r of basic rights and services: to vote, to buy travel tickets, to stay outside one's ward of residence with friends or family or in hostels, to receive health services or to attend high school or university. Identity cards are routinely checked by the police and the army. The card n u m ber is noted in connection with the smallest transaction a n d is sent to the relevant authorities. In 1990 the identity cards were changed, and now also include mention of ethnic origin and religion. The necessity of mentioning a person's ethnicity and religion in this way remains open to question. T h e confiscation of identity cards has also been used by the authorities as a means of harassment of recognized citizens. On 26 January 1997 two NLD executives, who were staying in the Tawwin guest house in Myaungmya township were searched and had their citizen identity cards confiscated by local authorities. The cards were returned only after they had signed a pledge to return immediately to Yangon. Their meeting with the Chairman of the NLD Irrawaddy Divisional Organizing Committee was thus prevented. T h e lack of proof of citizenship in the f o r m of i d e n t i t y cards affects n u m e r o u s aspects of life of those concerned. First, the right to freedom of movem e n t is restricted. N o t only are these persons prevented f r o m travelling abroad, but they cannot even travel outside their ward of residence, as an identity card is needed to register as an overnight guest. T h e lack of an identity card in addition precludes
B U R M A DEBATE
access to health services a n d prevents young people f r o m attending high school or university.
Burmese
Identification
Card
HEIGHT NUMBER
BLOOD GROUP DISTINGUISHING MARKS
DATE
PHOTO
NAME FATHER'S NAME DATE OF BIRTH RACE RELIGION
SIGNATURE OF ISSUING PERSON NAME RANK
Identity C a r d N o .
OCCUPATION THUMB
ADDRESS
PRINT SIGNATURE (1)[THE CARD] MUST BE CARRIED WHEN TRAVELLING (2) UPON LOSS, YOU MUST REPORT LOSS TO THE POLICE STATION CONCERNED; AND THE TOWNSHIP IMMIGRATION & MANPOWER DEPT.
REMARKS.
Groups particularly affected Many persons belonging to ethnic minorities have no identity cards, even if they would be entitled to full citizenship u n d e r t h e citizenship law. Proving entitlement to citizenship is m a d e difficult by lack of access to written records and the difficulty of travelling to government-controlled areas for registration. Furthermore, government officials are said to be generally unwilling to register p e r s o n s belonging to minorities. It is almost impossible for the Rakhine Muslims, or Rohingya, to become registered citizens, in par-
13
N O V / D E C 1997
ticular children b o r n in refugee camps. Following the promulgation of the 1982 citizenship law, all citizens were obliged to register for new identity cards. By December 1992, only 845,000 out of 1,200,000 inhabitants of Rakhine State had applied, the lowest percentage in the country. About 30 percent of the relatively few applications made in Rakhine State were either rejected or are still awaiting a decision.
The Special
R a p p o r t e u r r e g r e t s t h a t , i n s p i t e o f his c o n t i n u i n g
efforts to obtain the authorization of the G o v e r n m e n t of
M y a n m a r to visit the country a n d in
statements
Myanmar,
on
made
by the
spite of the e n c o u r a g i n g
Permanent
both in the G e n e r a l Assembly and
Human
Representative of
in the Commission
Rights, he has not so far obtained
any response.
Still, none of the returnees from Bangladesh is said to have received identity cards classifying t h e m as any f o r m of citizen. In fact, the G o v e r n m e n t of Myanmar refers to the returnees as Bangladeshi citizens. The army was said to have taken away the old identity cards f r o m the 1950s and 1960s from many Muslims as they left the country. The only identity d o c u m e n t s owned by m a n y Rakhine Muslims are thus allegedly copies of so-called family lists, or lists of household members that are kept by local villages or township authorities as proof of residence. In July 1995 the Government issued new temporary registration certificates, intended for foreign residents or Stateless persons, to the p o p u l a t i o n of n o r t h e r n Rakhine State, at least in theory b o t h to returnees and to persons who never left. The cards were issued not on the basis of the 1982 citizenship law but on the basis of the 1949 Residents of Burma Registration Act and the 1951 Residents of Burma Registration Rules, b o t h reintroduced solely for the purpose of registering the Rohingya. No figures as to the n u m ber of Rohingya who have in fact received the cards are available. BURMA DEBATE
14
Most of the Muslim population of Rakhine State have not been issued citizenship cards u n d e r the existing naturalization regulations, and indeed most of t h e m are not even considered so-called foreign residents. The 1982 citizenship law would in fact seem to be intended to prevent the Rakhine Muslims from being recognized as citizens, as the majority of the group settled in Myanmar after 1823. The law is, however, not always applied, and the Rohingya were permitted to vote and to form political parties during the 1990 elections, which must be seen as a de facto recognition of the status of the Rohingya by the Government. CONCLUSIONS AND RECOMMENDATIONS A. Conclusions The Special Rapporteur has unfortunately come to the conclusion, based on his examination of the h u m a n rights situation in M y a n m a r over the past year, that there has been no change in the situation since he submitted his report to the General Assembly in 1996 and to the C o m m i s s i o n on H u m a n Rights in 1997 and that his recommendations have gone unheeded by the Government of Myanmar. As a result, the conclusions of the Special Rapporteur in his reports to the General Assembly at its fiftyfirst session (A/51/466, paras. 146-152) a n d the Commission on H u m a n Rights at its fifty-third session (E/CN.4/1997/64, paras. 101-107) remain substantially the same, except for the fact that, according to certain reports, a meeting t o o k place in mid-July between a representative of SLORC and an official of NLD. There have been suggestions that the substance of the discussions was political in character, b u t the Special R a p p o r t e u r has no concrete information in that regard. The Special Rapporteur regrets that, in spite of his continuing efforts to obtain the authorization of the Government of Myanmar to visit the country and in spite of the encouraging statements made by the Permanent Representative of Myanmar, both in the General Assembly and in the Commission on Human Rights, he has not so far obtained any response. The Special Rapporteur has nevertheless taken great care in assessing the information gathered from all sources and organizations, both intergovernmental and nongovernmental, including information gathered during his mission to the Myanmar/Thailand border in
NOV/DEC 1997
the light of the laws, decrees and orders of Myanmar available in the Office of the United Nations High Commissioner for H u m a n Rights. The Special Rapporteur observes that the absence of respect for the rights p e r t a i n i n g to d e m o c r a t i c governance continues to be the root of all the major violations of h u m a n rights in M y a n m a r . Such absence is inherent in a power structure that is autocratic a n d accountable only to itself, thus resting on the denial and repression of fundamental rights. The Special R a p p o r t e u r c o n c l u d e s t h a t g e n u i n e a n d e n d u r i n g improvements in the h u m a n rights situation in Myanmar cannot be attained without respect for the rights pertaining to democratic governance. In that regard, he notes with particular concern that t h e electoral process initiated in M y a n m a r by t h e general elections of 27 May 1990 has yet, after seven years, to reach its conclusion, and that the Governm e n t still has not implemented its c o m m i t m e n t s to take all necessary steps towards the establishment of democracy in the light of those elections. G o v e r n m e n t representatives have repeatedly explained that the Government is willing to transfer power to a civilian Government, but that in order to do so there must be a strong constitution, and that in o r d e r to have a strong c o n s t i t u t i o n they are d o i n g their best to complete the work of the National Convention. However, the Special Rapporteur cannot help but observe that, given the fact that most of the representatives who were democratically elected in 1990 have been excluded f r o m participating in the meetings of the National Convention, the restrictions imposed u p o n the delegates (practically no freedom to assemble, to print and distribute leaflets or to make statements freely) and the strict guidelines (including the requirement that the Tatmadaw play a leading role), the National Convention does not constitute the necessary steps towards the restoration for democracy, fully respecting the will of the people as expressed in the democratic elections held in 1990. The well-documented reports, photographs a n d t e s t i m o n y received by the Special R a p p o r t e u r lead him to conclude that extrajudicial, s u m m a r y or arbitrary executions, the practice of torture, p o r t e r i n g a n d forced l a b o u r c o n t i n u e to occur in M y a n m a r , p a r t i c u l a r l y in t h e context of d e v e l o p m e n t p r o grammes and counter-insurgency operations in m i n o r i t y - d o m i n a t e d regions.
BURMA DEBATE
With regard to arbitrary arrest and detention, the Special Rapporteur does not d o u b t that such violations take place on a wide scale, if for no other reason than that an e x a m i n a t i o n of the laws in place shows that such violations are legal and may easily occur. At the same time, the absence of an independent judiciary, coupled with a host of executive orders criminalizing far too many aspects of normal civilian conduct that prescribe enormously disproportionate penalties and authorize arrest and detention without judicial review or any other f o r m of judicial authorization, leads the Special Rapporteur to conclude that a significant percentage of all arrests and detentions in Myanmar are arbitrary when measured against generally accepted international standards. The Special Rapporteur expresses his deep concern at the continued detention of many political prisoners, in particular elected representatives, and the recent arrests and harassment of other supporters of democratic groups in Myanmar, culminating in the massive arrests of NLD s u p p o r t e r s a n d the virtual blockade of the General Secretary of NLD in her c o m p o u n d . On the basis of virtually u n a n i m o u s reports of c o n t i n u i n g violations a n d o t h e r i n f o r m a t i o n , the Special Rapporteur concludes that there is no freed o m of t h o u g h t , opinion, expression or association in Myanmar. The absolute power of SLORC is exercised to silence opposition a n d penalize those holding dissenting views or beliefs. Because of both visible a n d invisible pressures, t h e p e o p l e live in a climate of fear t h a t whatever they or their family m e m b e r s say or do, particularly in the area of politics, they risk arrest and interrogation by the police or military intelligence officers. The Special Rapporteur notes that N L D leaders c a n n o t assemble in a group, cannot freely discuss and cannot publish or distribute p r i n t e d or videotaped material. In such circumstances it is difficult to believe that open discussion a n d free exchanges of views a n d o p i n i o n s can possibly take place in Myanmar, unless they are in support of the present military regime. Turning to freedom of movement and residence in Myanmar, including the right to leave and re-enter one's own country, the Special Rapporteur concludes that there are clear violations of those freedoms in b o t h law a n d practice. Specifically, severe, u n r e a sonable and, in the case of the Muslim Rakhine population, racially based restrictions are placed on trav-
15
NOV/DEC 1997
el inside the c o u n t r y a n d abroad. On the matter of internal d e p o r t a t i o n s a n d forced relocations, t h e Special Rapporteur concludes that the Government's policy violates freedom of movement and residence and, in some cases, constitutes discriminatory practices based on ethnicity. An analysis of the laws relating to citizenship and their effect on the exercise of civil and political rights raises serious questions of the consistency of those laws.with generally accepted international n o r m s ,
M e m b e r s of Burma's M u s l i m p o p u l a t i o n w h o fled persecution in A r a k a n State.
since those laws appear to be discriminatory on the basis of religion, ethnicity, equality before the law and special measures of p r o t e c t i o n to which children are entitled. In t h e s h o r t t e r m this situation p r o d u c e s serious violations of t h e rights of b o t h minorities and other persons living in the c o u n t r y as well as a sense of not belonging to Myanmar. In the long t e r m , the situation is likely to encourage and exacerbate secessionist movements likely to be destructive of a m u l t i - e t h n i c a n d m u l t i - r e l i g i o u s nation. Sheer repression following efforts at ceasefire agreements would not appear to be the answer. B. R e c o m m e n d a t i o n s In t h e light of t h e f o r e g o i n g conclusions, the Special R a p p o r t e u r s u b m i t s the following r e c o m -
BURMA DEBATE
16
m e n d a t i o n s for the c o n s i d e r a t i o n of t h e General Assembly and of the G o v e r n m e n t of Myanmar: (a) To ensure that the Government of Myanmar genuinely reflects the will of the people, steps should be taken to allow all citizens to participate freely in t h e political process in accordance with he principles of t h e Universal Declaration of H u m a n Rights a n d to accelerate the process of transition to democracy, in particular t h r o u g h the transfer of power to the democratically elected representatives. The institutions of M y a n m a r should be such as to ensure that the executive authorities are accountable to the citizenry in a clear and meaningful way and, furthermore, steps should be taken to restore the independence of the judiciary a n d to subject the executive to the rule of law and render unjust and unjustifiable action justiciable; (b) All necessary measures should be taken to accelerate the process of transition to a d e m o c r a t i c order and to involve in a meaningful way the representatives duly elected in 1990. G e n u i n e and substantive discussions should take place without f u r t h e r delay between the present military regime a n d the leaders of the NLD a n d with other political leaders w h o were duly elected in the democratic elections of 1990, including representatives of ethnic minorities. Certain steps reportedly taken in July by SLORC, apparently to initiate such discussions, are a welcome and positive d e v e l o p m e n t , b u t that d e v e l o p m e n t must be intensified. SLORC should do all it can to ensure that the character and substance of the discussions are genuine and are perceived to be so by all the participants; (c) Immediate measures should be taken to put an end to the harassment of the leaders and leaders and the m e m b e r s h i p of NLD, to ensure that the General Secretary of NLD is genuinely free and able to exercise her f u n c t i o n s w i t h o u t fear of attack a n d to ensure that all political parties are able freely to exercise their rights; (d) All political detainees, including elected political representatives, students, workers, peasants and others arrested or detained u n d e r m a r t i a l law after the 1988 and 1990 d e m o n s t r a t i o n s or as a result of the National Convention should be tried by a properly constituted and independent
NOV/DEC 1997
civilian court in o p e n judicial proceedings a n d in accordance with all the guarantees of fair trial and due process in c o n f o r m i t y with applicable international norms. If found guilty in such judicial proceedings, they should be given a just sentence proportionate to their offence. Otherwise, they s h o u l d be released immediately, a n d t h e Government should ensure that there are no acts of intimidation, threats or reprisals against t h e m or their families and take appropriate measures to c o m p e n s a t e all w h o have suffered a r b i t r a r y arrest or detention; (e) Constitutionality and the rule of law should be re-established, a n d SLORC orders a n d decrees should no longer be the basis of law. All laws rend e r i n g violations of h u m a n rights legitimate s h o u l d be repealed immediately, a n d all laws should be given due publicity. The principle of n o n - r e t r o a c t i v i t y of p e n a l laws s h o u l d be respected in all circumstances; (f) T h e G o v e r n m e n t of M y a n m a r should give particular attention to prison conditions a n d take all necessary steps to allow international h u m a n itarian organizations to have access thereto and to c o m m u n i c a t e freely a n d confidentially with prisoners; (g) U r g e n t steps s h o u l d be taken to facilitate a n d guarantee the enjoyment of the freedom of opinion, expression and association, in particular by d e c r i m i n a l i z i n g t h e expression of o p p o s i t i o n views and by relinquishing government controls over the media and literary a n d artistic works; (h) Restrictions relating to the entry and exit of citizens into and out of the country, as well as their movement within the country, should be abolished; (i) All discriminatory policies that interfere with the free a n d equal e n j o y m e n t o f p r o p e r t y s h o u l d cease, a n d a d e q u a t e c o m p e n s a t i o n s h o u l d be given to t h o s e w h o have b e e n arbitrarily or unjustly deprived of their property; (j) T h e G o v e r n m e n t of M y a n m a r should fulfill its obligations under ILO Convention No. 87 of 1948 concerning freedom of association a n d protection of the right to organize. In compliance with that Convention, it should guarantee by law the existence and practice of free trade unions. In that respect, the Government of Myanmar is encouraged to cooperate more closely with ILO through
BURMA DEBATE
a technical cooperation p r o g r a m m e so that the very serious discrepancies between law and practice, on the one hand, and the Convention, on the other hand, are eliminated immediately; (k) The Government of Myanmar is urged to comply with its obligations under ILO Convention No. 29 prohibiting the practice of forced labour a n d forced portering. The Government should urgently take measures to repeal the offending legal provisions under the Village Act and the Towns Act to prevent the c o n t i n u a t i o n of the practice of forced labour. The Government is encouraged to cooperate with the ILO Commission of Inquiry; (l) T h e G o v e r n m e n t of M y a n m a r should take i m m e d i a t e steps to p u t an end to the enforced displacement of persons and to create appropriate conditions to prevent the flow of refugees to neighbouring States. In the event that the relocation of villagers b e c o m e s necessary in circumstances that are in conformity with international norms, proper consultations should take place with the villagers, including the payment of a p p r o p r i a t e c o m p e n s a t i o n , reviewable by independent courts, and measures to ensure that adequate food, housing, medical care a n d social amenities, including arrangements for the education of children, are provided; (m)The G o v e r n m e n t o f M y a n m a r s h o u l d r e f r a i n f r o m actions that contribute to insecurity affecting the p o p u l a t i o n , such as the use of military forces a n d b o m b a r d m e n t s against civilian targets along its border with Thailand; (n) In o r d e r to p r o m o t e the repatriation of the Muslims and other minorities of Myanmar, the Government should create the necessary conditions of respect for their h u m a n rights. The Government should ensure, in law and in practice, their safe return and resettlement in their villages of origin. To the end, it should also promote their complete civil, political, social, economic and cultural participation in Myanmar without restriction or discrimination due to status; (o) The laws relating to citizenship should be revised in order to ensure that they have no unfavourable incidence on the exercise of civil a n d political rights and to be consistent with generally accepted n o r m s . Such laws s h o u l d be substantially revised so as to remove all discriminatory fea-
17
NOV/DEC 1997
tures based on religion, ethnicity or inequality a n d to remove any adverse impact on the right of children to have a nationality Further, measures should be adopted by the Administration to ensure that citizenship can be obtained without b u r d e n s o m e a n d unrealistic administrative procedures and requirements. Those laws should also be b r o u g h t into conformity with the principles embodied in the 1961 Convention on the Reduction of Statelessness. Consideration should also be given by Myanmar to ratify that Convention as well as the 1951 Convention relating to the Status of Refugees and its Additional Protocol of 1967. T h e 1982 citizenship law s h o u l d be revised or a m e n d e d to abolish its overly b u r d e n s o m e requirements for citizenship. The provision of the law regarding categories of secondclass citizens should not be applied in a m a n n e r that has a discriminatory effect on racial or ethnic minorities, particularly the Rakhine Muslims. It should be b r o u g h t in line with principles embodied in the Convention on the Reduction of Statelessness; (p) The Government of Myanmar should take steps to bring the acts of soldiers, including both privates and officers, in line with accepted international h u m a n rights and humanitarian standards so as to prevent arbitrary killings, rapes and confiscation of property, or forcing persons into acts of labour, portering, relocation or otherwise treating persons without respect for their dignity as h u m a n beings. W h e n local villagers are hired for porterage and other work, it should be done with their consent and adequate wages should be paid. The nature of the work should be reasonable and in accordance with established international labour standards. When the relocation of villagers is considered necessary for military operations or for development projects in the public interest, proper consultation with the villagers should take place a n d appropriate compensation should be paid. The a m o u n t of the compensation should be reviewable by independent courts; (q) Military and law enforcement personnel, including p r i s o n guards, s h o u l d be t h o r o u g h l y inf o r m e d a n d trained regarding their responsibilities in accordance with i n t e r n a t i o n a l h u m a n rights n o r m s and h u m a n i t a r i a n law. Such stan-
BURMA DEBATE
18
(r)
(s)
(t)
(u)
dards should be incorporated into Myanmar law, including the new constitution; Given the m a g n i t u d e of the abuses d o c u m e n t ed, the G o v e r n m e n t should subject all officials committing h u m a n rights violations to strict disciplinary c o n t r o l and p u n i s h m e n t a n d put a n e n d to t h e culture of i m p u n i t y that prevails at present in the public and military sectors; The Government of Myanmar is urged to fulfil in g o o d faith t h e obligations it a s s u m e d u n d e r Articles 55 and 56 of the Charter of the United Nations to take joint and separate action in cooperation with the Organization for the achievement of universal respect for, and observance of, h u m a n rights and f u n d a m e n t a l freedoms for all w i t h o u t distinction as to race, sex, language or religion. The Special Rapporteur notes that the G o v e r n m e n t of Myanmar should encourage the adoption, as one of the basic constitutional principles, of the provisions of the Universal Declaration of H u m a n Rights, a copy of which should be m a d e widely available in the m a i n languages spoken in Myanmar; T h e G o v e r n m e n t of M y a n m a r s h o u l d f u r t h e r consider accession to the international covenants on human rights, the Convention against Torture and O t h e r Cruel, I n h u m a n or Degrading Treatment or Punishment and the two additional protocols to the Geneva Conventions of 1949 and, in the meantime, to ensure the application of the principles p r o c l a i m e d in t h o s e i n t e r n a t i o n a l i n s t r u m e n t s in o r d e r to evidence a firm c o m m i t m e n t towards the p r o m o t i o n and protection of h u m a n rights without discrimination of any kind outlawed u n d e r those norms; M y a n m a r law s h o u l d be b r o u g h t in line with accepted international standards regarding protection of physical integrity rights, including the right to life, the protection against "disappearance", the prohibition of torture, cruel, i n h u m a n or degrading treatment, the provision of h u m a n e conditions for all persons u n d e r detention and the insurance of basic judicial guarantees.
NOTES
Official Records of the General Assembly, Fiftyfirst Session, Supplement No. 40 (A/51/40), General C o m m e n t No. 25 (57), para. 365 a n d annex V.
NOV/DEC 1997
U N SPECIAL RAPPORTEUR
Intervention by
AMBASSADOR U PE THEIN TIN The Representative of Myanmar O N THE O C C A S I O N O F THE S U B M I S S I O N O F O R A L PRESENTATION BY THE SPECIAL RAPPORTEUR OF THE C O M M I S I O N ON H U M A N RIGHTS O N THE SITUATION O F H U M A N RIGHTS I N M Y A N M A R
New
MR.
York,
12
CHAIRMAN,
Thank you for giving me the floor. I would like to take this opportunity to place on record the position of my delegation w i t h regard to the i n t e r i m report presented just now by Mr. Rajsoomer Lallah. The report turned a blind eye to all the positive and constructive achievements of my country. It has given priority and credence only to wide ranging accusations emanating f r o m people, inside and outside the country, who have their own political motives. Furthermore, just as in his last year's report, Mr. Lallah has incorporated political statements in the guise of legal arguments in the present one. Any person, with an independent m i n d and unbiased outlook, can easily ascertain that the report is nothing b u t an attempt to exert unwarranted political pressure on my country.
BURMA DEBATE
N o v e m b e r
MR.
1997
CHAIRMAN,
M y a n m a r has an u n b r o k e n record of cooperation with the United Nations in all areas of interest, including that of h u m a n rights. We have always cooperated with the United Nations h u m a n rights bodies to the fullest extent possible. Information regarding the developments in my country are provided to the thematic rapporteurs of the Commission on H u m a n Rights, including Mr. Lallah, through the Office of the High Commissioner for H u m a n Rights, whenever they are requested. We are indeed, heartened to find our responses to allegations in the reports of the thematic rapporteurs. However, Mr. Lallah's r e p o r t is f o u n d to have reflected mainly the views of those who are opposing the Government for reasons totally unconnected with the issue of h u m a n rights. It is most regrettable that he h a d i g n o r e d the official records provided to him by responsible Myanmar officials.
19
NOV/DEC 1997
MR.
CHAIRMAN,
From our point of view, there are several aspects of h u m a n rights. These rights include a m o n g o t h ers, t h e right to d e v e l o p m e n t , t h e right to live in peace and tranquility, a n d the right to security on the streets a n d in the homes. These are a m o n g the most f u n d a m e n t a l of h u m a n rights. Without ensuring these basic rights, other aspects of h u m a n rights cannot be implemented. We have repeatedly stated that the G o v e r n m e n t a n d people are endeavouring to attain unity, peace, stability and prevalence of law and order in the country even while striving for the socio-economic develo p m e n t of the people. And we are achieving u n p r e cedented successes in o u r endeavours. N o n e of these aspects were m e n t i o n e d in Mr. Lallah's r e p o r t . We f o u n d t h e r e p o r t to be totally inaccurate, biased, highly intrusive a n d politically motivated. It demonstrates a lack of u n d e r s t a n d i n g and is contrary to the actual nature of events transpiring in my country. How can such a r e p o r t claim to show the t r u e situation prevailing in my country? H o w can such a report claim to have credibility? The conclusions and recommendations contained in the report are totally unacceptable to us. As such, my delegation categorically rejects the report. MR.
CHAIRMAN,
It is a w e l l - k n o w n fact t h a t M y a n m a r has n o t accepted the a p p o i n t m e n t of a Special Rapporteur and has disassociated itself f r o m the decisions of the U N General Assembly a n d t h e C o m m i s s i o n o n H u m a n Rights, regarding t h e situation o f h u m a n rights in the country. However, in the spirit of cooperation with the United Nations, the Government has agreed, on several occasions, to t h e visits to M y a n m a r of representatives of the Commission on H u m a n Rights. T h e G o v e r n m e n t , on its part, has done its u t m o s t to enable t h e m to observe in a free a n d o p e n m a n n e r , the events t r a n s p i r i n g in t h e c o u n t r y . T h e f o r m e r Special R a p p o r t e u r o n t h e Situation of H u m a n Rights in M y a n m a r had visited the c o u n t r y five times. However, the reports s u b m i t t e d were f o u n d to b e biased, i n a c c u r a t e a n d politically m o t i v a t e d . They failed to reflect the true situation of the events that were occurring in the country. Those one-sided
BURMA DEBATE
20
r e p o r t i n g s have inflicted d a m a g e o n t h e c o u n t r y a n d people. MR.
CHAIRMAN,
In our view, a report of a United Nations Special Rapporteur should possess a m o n g other things, factual accuracy, overall balance a n d comprehensiveness, a n d should strive to maintain a fair standard of professionalism and respectability. Moreover, as an impartial representative of the C o m m i s s i o n on H u m a n Rights, Mr. Lallah s h o u l d in his r e p o r t , observe the universal h u m a n rights n o r m s of n o n selectivity, objectivity a n d impartiality. I regret to state that these qualities are conspicuously lacking in the report of the Special Rapporteur on the Situat i o n of H u m a n Rights in M y a n m a r c o n t a i n e d in d o c u m e n t A/52/484 of 16 October 1997. Therefore, it has become necessary for us to be cautious in dealing with such matters a n d to exercise considerable restraint before damage is properly assessed in safeguarding our national interest. We shall continue to promote and protect h u m a n rights in o u r country, while at the same time protect our sovereignty. We shall also c o n t i n u e to c o - o p e r a t e with the United Nations and its relevant subsidiary bodies in order to achieve these objectives. In this context, I wish to reiterate that, as in the case of his predecessor, Mr. Rajsoomer Lallah would have the o p p o r t u n i t y to visit M y a n m a r at a t i m e d e e m e d appropriate. MR.
CHAIRMAN,
Many positive developments have continued to occur in my c o u n t r y t h r o u g h o u t the period of the past year. L i m i t a t i o n of t i m e constrains me f r o m elaborating on those events. Thus, for the ready reference of the m e m b e r s of the C o m m i t t e e a n d for observers, in order to enable them to clearly u n d e r stand the ongoing process occurring in M y a n m a r , my delegation has u n d e r t a k e n to circulate a M e m o r a n d u m concerning the Situation of H u m a n Rights in M y a n m a r as an official d o c u m e n t of the fifty-second United Nations General Assembly. I will also be apprising the C o m m i t t e e in detail of the positive developments occurring in my country at a later stage. I thank you Mr. C h a i r m a n .
NOV/DEC 1997
IN HER O W N WORDS
In Her Own Words Interview with
This interview was conducted by Jeanne Hallacy, a freelance Journalist w h o visited Burma in September. The videotape was transcribed by the Alternative ASEAN Network on Burma and edited by Burma Debate.
BURMA DEBATE
21
NOV/DEC 1997
QUESTION a
•
What is your opinion of this idea about
change in
engagement
the ASEAN stance from to
constructive
intervention?
ANSWER
Do you think that ASEAN should raise this ques-
Should they actually make it more formal? A • Well I think they s h o u l d ask t h e m formally,
here? •
•
tion at a meeting, now that Burma is a member?
How
would you perceive that to be useful in the current situation
Q
constructive
w h y not? I f a s k i n g i n f o r m a l l y d o e s n ' t w o r k they s h o u l d go a step further and ask t h e m for-
I s u p p o s e it d e p e n d s on h o w t h e y
i n t e n d to i n t e r v e n e , b e c a u s e I've always said
mally. I t h i n k t h e y s h o u l d let B u r m a k n o w
that y o u really c a n n o t r e m o v e the i n t e r n a l
w h a t they think is necessary for the e c o n o m y
affairs o f the c o u n t r y o r divorce t h e internal
to take off.
situation of the c o u n t r y f r o m its e c o n o m i c sit-
Q
•
Are there specific policy changes that ASEAN
u a t i o n , w h i c h I t h i n k w a s ASEAN's s t a n d
could take on that would be beneficial towards pro-
before; that they were not g o i n g to interfere in
moting the process of dialogue here?
t h e i n t e r n a l affairs o f B u r m a a l t h o u g h t h e y were going to engage w i t h it economically.
A • That is difficult to say because ASEAN is m a d e up of several d i f f e r e n t c o u n t r i e s a n d I t h i n k
I think n o w they've realized that this is not
they have got to work out for themselves w h a t
possible. So, that is w h y they have changed their
w o u l d be feasible. I am b a s i c a l l y a g a i n s t any
policy from o n e of "Constructive Engagement"
c o u n t r y d i c t a t i n g t o any o t h e r c o u n t r y a s t o
to "Constructive Intervention." And y o u know,
w h a t they s h o u l d or s h o u l d n o t do, but I think
it is my h o p e that they'd intervene in the right
I'm all for saying, quite frankly, what we think
way. That is to say, in a w a y w h i c h will h e l p
the ethical issues are. A n d I t h i n k w h a t we've
Burma to progress along the path to democracy.
got to r e m e m b e r in t h i s case is that if t h e Q
•
Can you be a bit more concrete about what type
of action
you
ASEAN policy
would
see
this
ASEANs are going to be interested purely in the
more pro-active
e c o n o m i c benefits that they hope to reap out of
include?
Burma, it w o u l d be self-defeating. They will not
A • Well, I don't like to tell other countries what
be able to reap any benefit f r o m Burma as l o n g
t h e y s h o u l d do. But I t h i n k the ASEAN c o u n -
as we go on in this way, because y o u m u s t have
tries have n o w realized they are not going to get
noticed that inflation is rampant, the e c o n o m y
the e c o n o m i c b e n e f i t that they'd h o p e d to get
is going downhill, there isn't a kind of account-
o u t of B u r m a . I've b e e n s a y i n g that s i n c e my
able, transparent g o v e r n m e n t that is necessary
release, n o t because I'm clairvoyant or because
to make an economic success out of an open
I'm an astrologer, but simply because I listened
market system.
to t h e B u r m e s e p e o p l e a n d I c o u l d tell f r o m
Q
•
Some ASEAN representatives have said that even
w h a t t h e y were saying, that the e c o n o m y w a s
withstanding your
not going to take off under these circumstances.
greater role, there is no linkage for them in Burma
A n d this is w h a t I t r y tell the ASEAN n a t i o n s
as there is in Cambodia. There, a peace treaty exists
that the e c o n o m y cannot take off under the pre-
that needs to be upheld. In Burma, no such treaty
sent political situation. Even if their only inter-
exists.
desire
to
have
them
play
a
est i s i n t h e e c o n o m i c s i d e o f t h e q u e s t i o n they've got to take care of the political side as well. To put it v e r y s i m p l y , if t h e y w a n t e c o n o m i c i m p r o v e m e n t in Burma, they've got to help the political situation to improve. I do not think that there can be real e c o n o m i c progress
A
• There is a General A s s e m b l y r e s o l u t i o n on Burma they could refer to that represents international o p i n i o n and that passed u n a n i m o u s ly. T h e y c o u l d always refer to t h e General Assembly resolution as a goal to work towards.
w i t h o u t democracy. BURMA DEBATE
22
NOV/DEC 1997
Q
A
• There's a sense regarding the kind of support that
because of this allegation about the US $80,000,
you have been able to muster in the last year [from Western nations], that there isn t much more that
which is a whole lot of nonsense anyway. Q
•
The SLORC has said in earlier years, that when
could be done. Is there more of a role for the
they do meet with you, they were met with what
Western nations to play?
was not quite an open door on your part.... In
• I think there's a role for e v e r y b o d y in the
1994, they met with you and it didn't seem that it
world to play because w h e n we think of sup-
was going to be a two-way street.
port from the West or from any other country,
A
• Well, they met with me a couple of times in
from the international community, we're not
1994, and the answer to whether or not the talks
s i m p l y t h i n k i n g about g o v e r n m e n t s , we're
went well is rather simply to look at the official
t h i n k i n g about p e o p l e . And I think that the
reports of those talks in the newspapers. I think
people in the West have been very supportive,
they said in the those reports that the talks had
say, for example, consumer boycotts of compa-
gone well. And this is an afterthought now to
nies dealing w i t h SLORC. This kind of con-
try to make out as though I had been uncoop-
s u m e r action could take place anywhere, all
erative during the course of those two talks.
over the world. What we want to appeal to, what we want to do, is to make an appeal to the peo-
Q
ing efforts to ask them to sit with you in a dialogue?
ernments of the world. • Can you comment a bit on the dialogue that we have heard about...there was a
Do you feel as prepared now to be able to sit
down with them in a dialogue? Are you still mak-
ples of the world rather than just to the gov-
Q
•
A • When U Aung Shwe met with them in July, he assured them that if they open dialogue with
meeting in July
me he could guarantee that these talks would
between U Aung Shwe and a representative of the
be a success. What more could he say?
SLORC. What happened during that meeting, and is it a positive step that dialogue is perhaps being
Q
considered by the government now? A • Well, I don't think we can call that meeting a dialogue. In fact, the SLORC does not refer to
• And since that time you could not follow up on them or... ?
A • No, not at all. Q
• There's a sense that you are under effective house
it as a dialogue, I think they simply refer to it
arrest
as a meeting. And we issued a statement after
because of your lack of access to the people, that
that meeting laying d o w n what we said, what
you as a leader and your party may be losing a cer-
was d i s c u s s e d . I t h i n k at that m e e t i n g Gen.
tain support among the general population here.
Khin Nyunt repeated what he had said in the p r e v i o u s press statement. You know, the one accusing me of accepting US $80,000 or something quite ridiculous f r o m s o m e American source or the other. We always believe in cautious optimism. At best, we could think of it as a s o u n d i n g out to see w h e t h e r d i a l o g u e was possible between the NLD and the SLORC. At worst, it could be aimed at trying to create a split within the party because at one time Gen. Khin N y u n t said the party could speak to U Aung Shwe and the other two members of the executive committee. He couldn't speak to me BURMA DEBATE
or
controlled
detention,
and
therefore
A • I don't think so because our access to the people has always been blocked by SLORC. I think we find a lot of sympathy partly because of the vitriolic articles that they write about us in the press, partly because of the dismal e c o n o m i c situation, and I think the people are beginning to realize more and more that this cannot go on. And the fact that we have not been able to keep in touch with the public matters much less now than you would imagine. One of the reasons why it's not as bad as it might have been is because of Radio Free Asia, which is widely
23
NOV/DEC 1997
party have been detained and that there's no one
listened to t h r o u g h o u t Burma, and of course
Q
the BBC, the VOA and the Democratic Voice of
left around you now whom you can rely on to
Burma from Norway.
chart out a political course. How do you respond
•
to that?
But if you're being prevented from speaking and
your party has been targeted in terms of arrests,
A • Well, I think that the more people that they
and meetings are not accessible to the people, how
arrest, the better the quality of the remaining
is the party still a Burmese political
living organism
within
ones come out. I always think that trouble is a
the
very, very good way of finding out who the real-
landscape?
ly reliable people are. So I don't really shy away
A • Well, because we go on doing our work in spite
from trouble. I think the more problems there
of the fact that people get arrested. Our people
are, the more you are able to judge the quality of
would not be arrested if they were not working.
the people around you and hidden talents come
The very fact that our people are getting arrest-
to the fore.
ed is proof of the fact that we are working and I think the people realize that. Every time one
Q •
What would you divulge in terms of what is the
party's agenda now?
of our people is arrested, every time one of our MPs [Members of Parliament] is forced to
A • You know I never divulge such things to the
resign, the people realize that we are carrying
press, so it's no use asking me on such matters.
on with our work. We are not a dormant party,
People keep asking me what are your plans and
that is why we are being harassed by SLORC. If
I never tell them.
we were dead and d o n e for, SLORC wouldn't Q •
bother to arrest anybody.
No, I mean the political agenda. Would you say
that trying to aspire to a dialogue is at the epicenQ •
Again to push you on this, in a pragmatic way,
how is the party being able to assert itself as a viable political force since
members
have
been
ter of the NLD? A • Well, we've always said we want dialogue, but it doesn't mean that's all we're doing. We k n o w
rounded-up and you are not out there on the streets
that in the end we'll end up with dialogue, but
anymore. Do people still meet quietly in their dis-
there are other things that have to be done to
tricts?
make everyone concerned understand that dia-
A • We have offices all over the country and our
logue is the only way.
officers continue to function. Some of our offices have been forced to close down, but that
Q
I think I've been hearing this term 'political stalemate' ever since I don't know when. People
leagues and carry o n w i t h y o u r work. And
say 'political stalemate' every time there isn't a
s o m e t i m e s I think that SLORC d o e s half our
demonstration on the street or people are not
work for us. The way in which they are unable
getting arrested, or there isn't s o m e sort of
to handle the e c o n o m y and as I said, the way
major catastrophe... People think of politics as
in w h i c h t h e y attack us so v i c i o u s l y in the
a series of dramas. It's not like that at all. A lot
press, does a lot for our party
of politics is h u m d r u m everyday work.
[It] helps us
carry on.
Q •
Can you comment on... the fact of it is in a recent
interview. ..a diplomat said that the NLD does not
There are impressions though that those confi-
enjoy any military support, so in a practical way,
dantes who have been closest to you within your
even though they might be able to muster popular
Q •
24
A •
teashops where y o u can meet friends and col-
to get a bit of rest, put our feet up and let them
BURMA DEBATE
So you wouldn't call this current situation a polit-
ical stalemate, as it were... ?
d o e s n o t m e a n that our p e o p l e there have s t o p p e d w o r k i n g . There are such t h i n g s as
•
NOV/DEC 1997
support,
without
having any
army
backing,
it
A • It would be very sad if the government were to
couldn't stand itself as a new form of government?
go for dialogue o n l y if t h i n g s are so bad that
A • I had better remind the diplomat that in the
they cannot avoid dialogue. I think they should
elections of 1990 the NLD w o n in all the areas
l o o k u p o n dialogue n o t as a way o u t of the
which were dominated by military forces. Places
worst possible situation, but as a way forward
like Mingaladon, places like Hmawbi, we w o n
to the best possible solution.
in t h o s e places. I believe that we have strong
Q
support within the army. Q
•
Is the NLD having ongoing contact with ethnic
logue were to take place, they would be included in
And, would the power sharing that the SLORC
that process?
has currently proposed — the 25% power sharing
A
•
groups who are inspired by the fact that if a dia-
— would that be something acceptable to the NLD?
A • The NLD is always interested in contacts with
• If they want to k n o w the answer to that they
the ethnic groups. I understand that many of
must start a dialogue with us.
the ethnic groups are threatened by the SLORC; they are told that if they have too much contact
Q
•
There were lots of rumors going around that I'm
or any contact with the NLD they would be in
sure you're aware of that you had a health problem
trouble. So I think it is quite difficult for them
and that was what was partly preventing you from
to be in touch with us.
being able to be out [among the people[. Could you comment on
that your recent health
condition?
Q
•
Do you think that the state of abeyance of the
National Convention
Have you regained your health now?
right now is hinging upon
any kind of interaction between the opposition, and A
• I'm perfectly healthy now. I fell d o w n the
that it would resume if the NLD were to change its
stairs. We issued a statement about that. I suf-
stance
on participation?
fered from cervical spondylitis during the years I was under house arrest and that fall set it off
A
• 1 think the real trouble w i t h the National
again. It took me some time to get back into the
C o n v e n t i o n is that it is not really a National
full swing of things as it were. Apart from that,
C o n v e n t i o n . A genuine National C o n v e n t i o n
it was a g o o d excuse for a rest — my doctor
must be one made up of people w h o have been
thought it was high time I had a good rest.
elected or selected by the public in some way or the other, which is not the case of this present
Q
•
How are you feeling now, are you feeling very... ?
A • I feel fine now, fighting fit. Q
•
Convention. That is its main trouble. Q
There's been a lot of speculation that the econo-
my is at quite a critical level right now. How do you perceive
that affecting the political circum-
stances in Burma today? A • Economics and politics are interminably con-
In a recent interview, one of the SLORC gener-
ting an American green card.... A • What's that for? Q
• A green card is a legal document to live in the United
nected, so if the government is unable to cope
Q
•
als was speculating that you were interested in get-
States.
with the economy, there is bound to be a push
A • What on earth would I want that for?
for political change.
Q
•
Would you say that inadvertently the economic
crisis could, perhaps, push forward a dialogue the government might be willing to have because they feel that there is a need to fix it?
•
He was questioning whether or not you actual-
ly were choosing to stay in Burma, and your feeling
of patriotism....
A • Perhaps, he wants a green card, perhaps that's what put the idea into his head. I've never, never entertained such an idea. I don't need an Ameri-
BURMA DEBATE
25
NOV/DEC 1997
can green card if I wanted to get out of Burma.
•
Do you remain confident that you, representing
the NLD, and the NLD itself still muster a great
don't see why I should consider getting a green
deal of popular support within
card to go and live in America for g o o d n e s s
Q
Q
I have never in my life considered that. So I
Burma?
A • I have always reminded the people that I alone
knows what's the reason. I have many friends
cannot bring them democracy, nor can the NLD
a m o n g Americans, but I am B u r m e s e and I
by itself bring democracy. We've all got to par-
intend to remain Burmese until I die.
ticipate. I believe that the people of Burma want
•
In that same interview there was a question
democracy, and because of that we shall get
about the fact that the party was synonymous with
democracy. O b v i o u s l y t h e y have to be given
Aung San Suu Kyi, that without Aung San Suu Kyi
some kind of leadership because that's the way
the party was incapable of making decisions,
that
it happens in any sort of movement. There has
the NLD/EC [Executive Committee]
to be some group to coordinate the aspirations
Daw Suu Kyi's leadership role dominates the deci-
of the people at large. I would like to think of
sions.
the NLD as h e l p i n g the people achieve what
even
within
they want, rather than dragging them along to
A • Was that the opinion of the general?
our c o m m o n goal. Q
•
It was what he was saying. Q
•
Are you feeling optimistic that dialogue is nigh?
A • Well, what a very, very high opinion he has of me. I think I'd better thank him, but I don't think
A • I've always said that I am a cautious optimist. I know that dialogue is inevitable because that
he understands that much about democracy.
is the only way in which problems are solved in Q
•
So, the NLD, you feel, is still very much consen-
sus opinion A • Q
the end. And I've always said — I've repeated
and...
this ad nauseam — that the intelligent ones get
Of course. •
to dialogue quicker, whereas the o n e s not so intelligent drag their feet until dialogue is real-
...and have you been able to continue meeting
ly, really unavoidable, by which time of course,
under this type of current circumstances?
a lot of people have suffered unnecessarily.
A • Yes, of course, the Executive Committee meetings have continued uninterrupted regardless
Q •
of the fact that I have not been well enough to attend them.
you
Q •
Again just to push you a little bit...
A
•Go
Q
•
on p u s h i n g . . .
A •
prices and all of that. Despite what is still popular support for the opposition in this country, people have a feeling of inertia, that yes, of course, we might change, but when will it come? A • It will, it will come. A bit of inertia from time
26
It has nothing to do with me, it's to do with the NLD. According to the mandate of the NLD
The idea is that there is a stasis... if you don't want
nomic situation is getting worse daily, with rising
make it a prerequisite that you were also
included?
any dialogue between the NLD and the SLORC
to use the word 'stalemate', that the populations eco-
BURMA DEBATE
Would it be acceptable to you if that dialogue
did not include you in the initial stages, or would
must include me. Q
•
Arguably, the decision by the United States
Government to impose U.S. sanctions has not had that much of a
measurable impact towards the
SLORC government's policy
of considering
inter-
acting with the opposition. People do say that with the investment here, and SLORC's acceptance into
to time is not a bad idea, it is a way of storing
ASEAN,
up energy for the time w h e n it is needed.
What would you respond to that?
that over time change will take place...
NOV/DEC 1997
A • Well the sanctions have hit Burma very hard,
Q
don't forget that the value of the Kyat came
•
Have you had free access to leave your home
when you choose, whenever you choose?
d o w n very, very rapialy o n c e tne e c o n o m i c
A • More or less, b u t . . . there are lots of restric-
sanctions were in place. I think it's about half,
tions about w h o can come to see me, and that's
cutting it on the black-market. So you can't say
all completely against the law. There is no law
that the sanctions have not had an effect. As I
that allows them to stop people from coming to
have said earlier, you cannot divorce econom-
see me. I'm a free citizen. If they have a case
ics f r o m politics. The e c o n o m i c effect of the
against me, they can put me on trial.
sanctions is going to [show] politically sooner or later. And let's hope sooner rather than later.
Q
•
And have you been told in explicit terms that
you are not allowed to hold public weekend talks Q
•
But there has been a stepped up campaign of vit-
riol aimed at
at your gate or elsewhere?
United States Government's comA • Why no, they just shut off the road so nobody
plicity. ...
can come. A • Well, the SLORC is somewhat experienced in the use of vitriol. Perhaps, if they had consid-
Q
again,
e n c i n g people it might be better for t h e m all
ments are quite restricted. And the movements
Do you think they care about what the United
States
how would you...
A • No, I'm not under arrest again, but my move-
around. •
So how would you describe your current state
inside of your compound, if you're not under arrest
ered another way of winning friends and influ-
Q
•
of t h o s e w h o w i s h to c o m e and see me are
Government think of them?
restricted. So it's quite obvious that the SLORC A • Oh yes, I think so, very much so. If they don't
is very nervous about what the NLD is capable
care about what the United States Government
of doing. If t h e y were n o t n e r v o u s about the
Q
thought about them, then they wouldn't waste
strength of the NLD, they don't need to impose
their energy attacking it so viciously.
these restrictions. They know that we are a pow-
•
erful force within the country, this is why they
What keeps you going personally on the inside,
have imposed so many restrictions upon us.
so that you have this resource of focus and ability to carry on in the circumstances?
Q
A • People I suppose, people for w h o m I care, people I want to see happy, people... in the end. Q
•
There is a feeling that even if they have perhaps
prevented you from
holding your
weekend
meet-
ings outside your house, that there are more proactive ways you could try to reach out to the people with whom you are trying to interact in Burma, by going out public more often,
making appear-
ances in towns, or in villages at ceremonies to let
•
And do you think that the members of your party
and supporters of your party
nationwide still feel
the same confidence to proceed working towards [democracy] considering the wave of arrests, and so forth? A • Of course confidence ebbs and wanes, this is the way of human nature. But, on the whole, I think the public at large k n o w that change is necessary and change is inevitable, and that the change will be towards democracy.
the people know that you are still out there.... Why haven't you been doing that? A • Because I've not been well. As I say, we never talk about our plans, we never discuss our plans in advance. But, o b v i o u s l y we have ways and means of reaching out to the people at large.
BURMA DEBATE
27
NOV/DEC 1997
A RESOLUTION OF NATIONS
UN RESOLUTION ON MYANMAR
A D O P T E D THIRD OF
BY
THE
C O M M I T T E E THE
U N I T E D
N A T I O N S GENERAL
ASSEMBLY
November 24, 1997
M e e t i n g o f the U N G e n e r a l A s s e m b l y i n N e w York C i t y . BURMA DEBATE
28
NOV/DEC 1997
R E S O L U T I O N ON THE SITUATION OF HUMAN RIGHTS IN MYANMAR
A
d o p t e d b y t h e T h i r d C o m m i t t e e o f t h e United N a t i o n s General Assembly, Reaffirming that all m e m b e r states have an obligation to promote and protect h u m a n rights and f u n d a m e n t a l freedoms as stated in the Charter of the United Nations a n d elaborated in the Universal Declaration of H u m a n Rights, the International Covenants of H u m a n Rights and other applicable h u m a n rights instruments,
Aware that, in accordance with the Charter, the organization promotes and encourages respect for h u m a n rights and f u n d a m e n t a l freedoms for all and that the Universal Declaration of H u m a n Rights states that the will of the people shall be the basis of the authority of government, Recalling its resolution 51/117 of 12 December 1996, Recalling also Commission on H u m a n Rights resolution 1992/58 of 3 March 1992, in which the Commission, inter alia, decided to nominate a special rapporteur to establish direct contacts with the Government and with the people of Myanmar, including political leaders deprived of their liberty, their families and their lawyers, with a view to examining the situation of h u m a n rights in Myanmar a n d following any progress made towards the transfer of power to a civilian Government and the drafting of a new constitution, the lifting of restrictions on personal freedoms and the restoration of h u m a n rights in Myanmar, Taking note of Commission on H u m a n Rights resolution 1997/64 of 16 April 1997, in which the Commission decided to extend for one year the mandate of its Special Rapporteur on the situation of h u m a n rights in Myanmar. Noting with concern that the G o v e r n m e n t of M y a n m a r has not yet agreed to a visit by the Special Rapporteur, Gravely c o n c e r n e d that the G o v e r n m e n t of M y a n m a r still has n o t implemented its c o m m i t m e n t to take all necessary steps towards democracy in the light of the results of the elections held in 1990. Gravely concerned at the travel and other restrictions placed on Aung San Suu Kyi a n d other political leaders and at continued arrests and harassment of m e m b e r s and supporters of the National League for Democracy, trade unionists and students for peacefully exercising their right to freedom of expression, assembly and association, at forced resignations of elected representatives and at the long closure of all universities and colleges following the student demonstrations in December 1996; Recalling the withdrawal and subsequent exclusion from the National Convention of m e m b e r s of the National League for Democracy in late 1995, Welcoming the contact between the G o v e r n m e n t of M y a n m a r a n d political parties, in particular the National League for Democracy, b u t regretting the failure of the Government of Myanmar to engage in a substantive political dialogue with Aung San Suu Kyi and other political leaders, including representatives of ethnic groups.
BURMA DEBATE
29
NOV/DEC 1997
Gravely concerned at the c o n t i n u e d violations of h u m a n rights in M y a n m a r , as r e p o r t e d by t h e Special R a p p o r t e u r , including extrajudicial, s u m m a r y or a r b i t r a r y executions, killings of civilians, torture, arbitrary arrest and detention, deaths in custody, absence of d u e process of law, including trial of detainees in secrecy w i t h o u t proper legal representation, severe restrictions on freedom of opinion, expression, assembly and association, violations of f r e e d o m of m o v e m e n t , forced relocation, forced labour by children as well as adults, including portering for the military, abuse of women and children by government agents and the imposition of oppressive measures directed in particular at ethnic and religious minorities, Recalling t h e observation m a d e by the Special Rapporteur, that the absence of respect for the rights pertaining to democratic governance is at the root of all t h e m a j o r violations of h u m a n rights in Myanmar, Recalling also the conclusion of ceasefire agreem e n t s between the G o v e r n m e n t of M y a n m a r a n d several ethnic groups, Noting that the h u m a n rights situation in Myanmar has resulted in flows of refugees to neighbouring countries, thus creating problems for the countries concerned; 1. Expresses its appreciation to the Special Rapporteur of the C o m m i s s i o n on H u m a n Rights on the situation of h u m a n rights in M y a n m a r for his interim report, and urges the Government of M y a n m a r to c o o p e r a t e fully with the Special Rapporteur, and to ensure his access to Myanmar, w i t h o u t p r e c o n d i t i o n s , in o r d e r to allow h i m fully to discharge his mandate; 2. Also expresses its appreciation to the SecretaryGeneral for his report; 3. Deplores t h e c o n t i n u e d violations of h u m a n rights in Myanmar; 4. Notes that Nobel Peace Prize Laureate Aung San Suu Kyi was allowed to travel to the National League for Democracy's Thaketa Township office to conduct peacefully normal political activities on 21 October 1997, but subsequently was blocked f r o m a t t e n d i n g party meeting of the National League for Democracy on 5 November 1997 in Tamwe Township and on 13 November 1997 in Hlaing Township, and requests the Government
BURMA DEBATE
30
of Myanmar to permit unrestricted communication with and physical access to Aung San Suu Kyi and other political leaders by members and supporters of the National League for Democracy and to protect their physical well-being; 5. Strongly urges the Government of M y a n m a r to release immediately and unconditionally detained political leaders a n d all political prisoners, to e n s u r e their physical integrity a n d to p e r m i t t h e m to participate in t h e process of national reconciliation; 6. Urges t h e G o v e r n m e n t of M y a n m a r to p u r s u e its contacts with the National League for D e m o cracy with a view to engaging, at the earliest possible date, in a substantive political dialogue with t h e N a t i o n a l League for D e m o c r a c y General Secretary Aung San Suu Kyi a n d other political leaders, including representatives of the ethnic groups, as the best means of p r o m o t i n g national reconciliation a n d the full a n d early restoration of democracy; 7. Welcomes the visits to M y a n m a r in the first half of 1997 by the Envoy of the Secretary-General a n d t h e UN D i r e c t o r of t h e East Asia a n d t h e Pacific Division for the p u r p o s e of discussions with the G o v e r n m e n t a n d with Aung San Suu Kyi and o t h e r political leaders, a n d f u r t h e r e n c o u r a g e s t h e G o v e r n m e n t of M y a n m a r to broaden its dialogue with the Secretary-General a n d to facilitate access by his representative to the political leaders in Myanmar; 8. Again urges t h e G o v e r n m e n t of M y a n m a r , in c o n f o r m i t y with its assurances given at various times, to take all necessary steps t o w a r d s t h e restoration of democracy in accordance with the will of the people as expressed in the democratic elections held in 1990 and to ensure that political parties and non-governmental organizations can f u n c t i o n freely; 9. Welcomes the holding of the Ninth Anniversary C o n f e r e n c e of the National League for D e m o cracy on 27-28 September 1997; 10. Expresses its concern that most of the representatives duly elected in 1990 are still excluded from p a r t i c i p a t i n g in the meetings of the National Convention, created to prepare basic elements for the drafting of a new constitution, a n d that one of the objectives of the Convention is to main-
NOV/DEC 1997
tain the participation of t h e a r m e d forces in a leading role in the future political life of the State, a n d notes also with concern that the composition a n d w o r k i n g p r o c e d u r e s of t h e National Convention do not permit the elected representatives of the people freely to express their views, and concludes that the National Convention does not a p p e a r to constitute the necessary steps towards the restoration of democracy; 11. Strongly urges the G o v e r n m e n t of M y a n m a r to take all appropriate measures to allow all citizens to participate freely in the political process, in accordance with the principles of the Universal Declaration of H u m a n Rights, and to accelerate the process of transition to democracy, in particular through the transfer of power to d e m o c ratically elected representatives; 12. Also strongly urges the Government of Myanmar to ensure full respect for h u m a n rights and fundamental freedoms, including freedom of expression and assembly, the right to fair trial and the protection of the rights of persons belonging to ethnic and religious minorities, to put an end to violations of the right to life and integrity of the h u m a n being, to the practices of torture, abuse of women, forced labour and forced relocations and to enforced disappearances and s u m m a r y executions and to fulfill its obligation to end impunity of perpetrators of human rights violations, including m e m b e r s of the military, a n d to investigate a n d prosecute alleged violations c o m m i t t e d by government agents in all circumstances; 13. Calls u p o n t h e G o v e r n m e n t of M y a n m a r to implement fully the r e c o m m e n d a t i o n s m a d e by the Special Rapporteur; 14. Welcomes the accession by the G o v e r n m e n t of M y a n m a r on 22 July 1997 to the Convention on the Elimination of All Forms of Discrimination against Women; 15. Appeals to the Government of Myanmar to consider b e c o m i n g a p a r t y to t h e I n t e r n a t i o n a l Covenant on Civil and Political Rights, the Intern a t i o n a l C o v e n a n t o n E c o n o m i c , Social a n d Cultural Rights and the Convention against Torture and O t h e r Cruel, I n h u m a n a n d Degrading Treatment or P u n i s h m e n t ; 16. Strongly urges the Government of M y a n m a r to fulfill its obligations with regard to the Conven-
BURMA DEBATE
tion on the Rights of the Child, as set out in the concluding c o m m e n t s of the C o m m i t t e e on the Rights of the Child; 17. Also strongly urges the Government of Myanmar to fulfill its obligations as a State p a r t y to t h e Forced Labour Convention, 1930 (No.29), and to the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) of the International Labour Organization, a n d e n c o u r a g e s t h e G o v e r n m e n t of M y a n m a r to c o o p e r a t e m o r e closely with the I n t e r n a t i o n a l L a b o u r O r g a n i z a t i o n , in p a r t i c u l a r with t h e Commission of Inquiry appointed in accordance with Article 26 of the Constitution of the International Labour Organization; 18. Stresses the importance for the G o v e r n m e n t of Myanmar to give particular attention to improving the conditions in the country's jails and to allow the competent international h u m a n i t a r i an organizations to communicate freely and confidentially with prisoners; 19. Calls u p o n the G o v e r n m e n t of M y a n m a r and o t h e r parties to t h e hostilities in M y a n m a r to respect fully to obligations u n d e r international h u m a n i t a r i a n law, including Article 3 c o m m o n to the Geneva Conventions of 12 August 1949, to halt the use of weapons against the civilian p o p ulation, to protect all civilians, including children, w o m e n and persons belonging to ethnic or religious minorities, f r o m violations of h u m a n i t a r ian law and to avail itself of such services as may be offered by impartial humanitarian bodies; 20. Encourages the Government of Myanmar to create the necessary conditions to ensure an end to t h e m o v e m e n t s of refugees to n e i g h b o u r i n g countries a n d to create conditions conducive to their voluntary return and their full reintegration, in conditions of safety a n d dignity; 21. Requests the Secretary-General to continue his discussions with the G o v e r n m e n t of M y a n m a r in order to assist in the i m p l e m e n t a t i o n of the present resolution and to report to the General Assembly at its f i f t y - t h i r d session a n d to t h e Commission on H u m a n Rights at its fifty-fourth session; 22. Decides to c o n t i n u e its c o n s i d e r a t i o n of this question at its fifty-third session.
31
NOV/DEC 1997
A RESOLUTION OF NATIONS
Statement by
HIS EXCELLENCY U WIN MRA Permanent Representative and Alternate Chairman of the Delegation of the Union of Myanmar I N THE T H I R D C O M M I T T E E O F THE F I F T Y - S E C O N D S E S S I O N O F THE U N I T E D N A T I O N S G E N E R A L A S S E M B L Y O N THE D R A F T R E S O L U T I O N A / C . 3 / 5 2 / L . 6 3 "SITUATION OF H U M A N RIGHTS IN MYANMAR"
N e w
MR.
Y o r k ,
2 4
CHAIRMAN,
I t h a n k you for giving me the floor to state my delegation's p o s i t i o n o n the d r a f t r e s o l u t i o n " t h e situation of h u m a n rights in M y a n m a r " c o n t a i n e d in A/C.3/52/L.63. T h e d r a f t ritualistically repeats m a n y p a r a g r a p h s of last year's resolution w i t h o u t t a k i n g i n t o c o n s i d e r a t i o n t h e p r e s e n t realities in M y a n m a r . As my d e l e g a t i o n ' s p o s i t i o n is wellk n o w n , I will refrain f r o m repeating t h e m and I will c o n c e n t r a t e o n l y on t h e n e w e l e m e n t s . Before I c o m m e n t on t h e m , let me m a k e a general observation on the d r a f t .
BURMA DEBATE
32
N o v e m b e r
1 9 9 7
As it is f o r m u l a t e d , the d r a f t contains as before, u n s u b s t a n t i a t e d allegations based on i n f o r m a t i o n received f r o m d u b i o u s sources. Despite the fact that m u c h progress has been m a d e in the c o u n t r y , t h e d r a f t , r e g r e t t a b l y fails to p o r t r a y t h e s i t u a t i o n of the c o u n t r y in a faithful m a n n e r . Even where s o m e positive d e v e l o p m e n t s are m e n t i o n e d , it is d o n e very grudgingly. F u r t h e r m o r e , t h e d r a f t reveals a lack of u n d e r s t a n d i n g of the r o o t causes of p r o b lems in Myanmar. It is an a t t e m p t to impose on my c o u n t r y a s o l u t i o n w h i c h o n l y t h e p e o p l e of M y a n m a r have the legitimate right to u n d e r t a k e .
NOV/DEC 1997
T h e allegations in t h e d r a f t are p r i n c i p a l l y linked with the ethnic p r o b l e m which is rooted in Myanmar's colonial past. The allegations of torture, s u m m a r y executions, etc. are, on closer e x a m i n a tion, f o u n d to have originated f r o m areas where the i n s u r g e n t s were active a n d they s t e m m e d m a i n l y f r o m those insurgents a n d the u n s c r u p u l o u s elem e n t s w h o were bent on capitalizing on the situat i o n . Actually, d u e t o t h e g o v e r n m e n t e f f o r t s t o achieve national reconciliation, 16 a r m e d g r o u p s have r e t u r n e d to t h e legal fold a n d peace a n d stability are prevailing in t h e c o u n t r y . T h e n a t i o n a l races are actively cooperating with the government in e f f o r t s f o r e c o n o m i c d e v e l o p m e n t of t h e i r respective regions a n d are p a r t i c i p a t i n g in t h e N a t i o n a l C o n v e n t i o n process as well. T h e only a r m e d g r o u p remaining outside the legal fold is the Karen National Union. Even the KNU is n o w c o m posed only of a few old guards helped and financed by e x t r a n e o u s elements. Therefore, in reality, t h e allegations n o w i n t h e d r a f t p r i m a r i l y e m a n a t e d f r o m the K N U r e m n a n t s a n d o t h e r u n s c r u p u l o u s elements linked with t h e m . For these reasons, the allegations have no validity at all and do not reflect the actual situation in t h e country. I w o u l d like to reiterate here that, as a m a t t e r of policy, Myanmar does not condone h u m a n rights v i o l a t i o n s as it is c o m m i t t e d to t h e p r i n c i p l e s enshrined in the Charter of the United Nations a n d the Universal Declaration of H u m a n Rights. T h e d r a f t resolution on M y a n m a r m a i n t a i n s a distinctive characteristic, especially in terms of cosponsorship. It is glaringly c o - s p o n s o r e d by a particular g r o u p of countries and a few others w h o are linked with them. The majority of co-sponsors represent o n e p a r t i c u l a r g e o g r a p h i c a l area, clearly d e m o n s t r a t i n g a clash of cultural values a n d traditions between t h e m a n d M y a n m a r . It is t h e r e f o r e e v i d e n t t h a t t h e c o - s p o n s o r s lack a clear u n d e r s t a n d i n g of M y a n m a r ' s concept of h u m a n rights, situation in Myanmar and its root causes. The draft is c o n s p i c u o u s by t h e a b s e n c e of any Asian or African c o u n t r i e s in its co-sponsorship. O n e m a y t h e r e f o r e w o n d e r whether the concerns expressed in t h e d r a f t c o n s t i t u t e t h o s e of t h e i n t e r n a t i o n a l c o m m u n i t y . Moreover, the draft a t t e m p t s to stand up for a single individual a n d o n e political p a r t y out of m a n y o t h e r legally registered political p a r -
BURMA DEBATE
ties. The d r a f t clearly politicizes the h u m a n rights question in the n a m e of the international c o m m u nity. The draft therefore is unbalanced, highly intrusive a n d politicized. To f i n d o u t t h e real s i t u a t i o n in my c o u n t r y , t h e d i s t i n g u i s h e d delegates are k i n d l y invited to refer t o t h e m e m o r a n d u m o n t h e s i t u a t i o n o f h u m a n rights in M y a n m a r contained in d o c u m e n t A/C.3/52/5 submitted to the Secretary-General u n d e r this item. MR.
CHAIRMAN,
Let m e n o w t u r n t o t h e n e w e l e m e n t s i n t h e draft. True to t h e n a t u r e of country-specific resolutions, new allegations, t h o u g h u n s u b s t a n t i a t e d , have f o u n d their way i n t o this year's d r a f t . I will confine my c o m m e n t s to t h e m . P r e a m b u l a r p a r a g r a p h 8 on allegations of restrictions a n d h a r a s s m e n t is a lop-sided representation. There were no restrictions on Daw Aung San Suu Kyi as alleged. On the contrary, her activities in Yangon are extensive a n d w e l l - k n o w n . Similarly, there was no arrest or h a r a s s m e n t of the m e m b e r s of the NLD as stated in this p a r a g r a p h . As a m a t t e r of fact, it has b e e n f o u n d t h a t s o m e m e m b e r s of the NLD resorted to any means c o n ceivable to create chaos. T h e a c t i o n s of t h e gove r n m e n t were invariably preventive in n a t u r e and they were taken with the objective of upholding the rule of law a n d of m a i n t a i n i n g p u b l i c peace a n d civil o r d e r in t h e country. I wish to reiterate that the g o v e r n m e n t d o e s not take action against any i n d i v i d u a l f o r p e a c e f u l activities. It takes a c t i o n against only t h o s e w h o violate t h e existing laws. However, let me underscore here that being a m e m ber of a political p a r t y does n o t e x e m p t an individual f r o m legal actions for i n f r i n g e m e n t of the law. Let me also stress that, in t h e c i r c u m s t a n c e s referred to in t h e p a r a g r a p h u n d e r reference, t h e g o v e r n m e n t exercised u t m o s t r e s t r a i n t . T h e u n i versity classes were not closed but merely suspended in o r d e r to avoid f u r t h e r unrest on t h e c a m p u s e s a n d t o s a f e g u a r d p u b l i c order. E f f o r t s are n o w under way to resume all the classes. This paragraph also alludes to forced resignations of elected representatives, which is totally devoid of truth. In reality, t h e y were p e r m i t t e d to resign o n l y at t h e i r request.
33
NOV/DEC 1997
P r e a m b u l a r p a r a g r a p h 11 a t t e m p t s to criticize the legal system of M y a n m a r on the basis of information provided to the Special Rapporteur by antig o v e r n m e n t sources. It is d i s i n g e n u o u s to charge the g o v e r n m e n t with u n s u b s t a n t i a t e d allegations. It is well k n o w n that M y a n m a r enjoys a s o u n d a n d comprehensive legal system c o m p l e t e with necessary codes of criminal, civil and c o u r t procedures.
No perpetrators of offences punishable under l a w
e n j o y i m p u n i t y in M y a n m a r . To suggest t h a t such
a privilege exists in M y a n m a r for g o v e r n m e n t
agents is outrageous a n d is totally unacceptable.
These procedures guarantee fair trial to all persons. Like similar legal systems in o t h e r countries, it is b a s e d o n t h e universally a c c e p t e d p r i n c i p l e s . Dispensing justice in open courts, unless otherwise p r o h i b i t e d by law, is a p r i n c i p l e , a m o n g o t h e r s , observed by the M y a n m a r legal system. However, no system c a n escape occasional lapses d u e to h u m a n foibles or u n i q u e circumstances. In fact, if there were cases of government agents, be they military or civilian, b r e a k i n g the existing laws, there are established c h a n n e l s t h r o u g h w h i c h p r o p e r complaints or reports can be b r o u g h t to the c o m p e t e n t a u t h o r i t i e s . N o legal system p r o v i d e s f o r actions based on uncorroborated evidence or u n s u b s t a n t i a t e d allegations. P r e a m b u l a r p a r a g r a p h 11 read t o g e t h e r with the last part of operative p a r a g r a p h 12 is a misrepresentation. No perpetrators of offences punishable u n d e r law enjoy i m p u n i t y in M y a n m a r . To suggest
BURMA DEBATE
34
t h a t such a privilege exists in M y a n m a r for gove r n m e n t agents is o u t r a g e o u s a n d is totally unacceptable. In this regard, I wish to stress that m e m bers of the T a t m a d a w (the A r m e d Forces) have to observe strictly not only the Defence Services Act a n d the Defence rules but also the civil a n d criminal procedures. Any m e m b e r of the A r m e d Forces convicted with m u r d e r or rape can be sentenced to the m a x i m u m p u n i s h m e n t of death penalty. I categorically reject these allegations. Here I would like to state that is not the policy of my g o v e r n m e n t to c o n d o n e such violations. O p e r a t i v e p a r a g r a p h 1 refers to c o o p e r a t i o n between Myanmar and the Special Rapporteur, urging t h e g o v e r n m e n t to e n s u r e t h e access by t h e Special R a p p o r t e u r to M y a n m a r w i t h o u t p r e c o n ditions. This p a r a g r a p h obviously dictates to t h e g o v e r n m e n t t h e g r o u n d rules f o r t h e visit of t h e Special Rapporteur. We find this highly objectionable. This p a r a g r a p h implies t h e a b s e n c e of any c o o p e r a t i o n between M y a n m a r and the UN. As is well k n o w n , t h e r e have b e e n instances w h e r e M y a n m a r has cooperated to the fullest extent possible not only with the UN but also with the Special Rapporteur appointed by the Commission on H u m a n Rights. C o n c e r n i n g the visit of the Special R a p p o r t e u r , we have not yet p r e c l u d e d t h e possibility of such a visit. U n d e r the circumstances, it is not a p p r o p r i a t e to prejudge the action of the gove r n m e n t w h i c h could u n d e r m i n e t h e p r e v a i l i n g spirit of cooperation. We find it p r e s u m p t u o u s a n d highly objectionable. W i t h respect to t h e activities of t h e N L D in operative p a r a g r a p h 4 , 1 wish to reiterate what t h e representative of M y a n m a r stated in this C o m m i t tee on 18 November. In Myanmar, peaceful political activities within the law are permitted. T h e concern a b o u t t h e physical well-being of D a w A u n g San Suu Kyi is misplaced since the g o v e r n m e n t has taken responsibilities even for her personal security at her own request. Operative paragraph 6 urges the government to make f u r t h e r contacts with the NLD. With the first m e e t i n g with t h e C h a i r m a n of t h e N L D a n d two CEC m e m b e r s on 17 July of this year a n d a n o t h e r invitation to t h e m after two m o n t h s , the governm e n t has shown its positive and conciliatory gesture towards the NLD. I wish to emphasize here that
NOV/DEC 1997
it is t h e g o v e r n m e n t w h i c h t o o k t h e initiative to establish contacts with the NLD a n d this led to the first successful m e e t i n g . As is widely k n o w n , t h e second meeting did not take place due to the precedence given to p e r s o n a l interests over t h a t of t h e party. As such, it has proven m o r e a n d m o r e difficult f o r t h e g o v e r n m e n t to c o n t i n u e its sincere efforts for f u r t h e r contacts with the NLD. Operative paragraph 7 urges the government to b r o a d e n the dialogue with t h e Secretary-General. As has been consistently d o n e in the past, Myanmar will c o n t i n u e to c o o p e r a t e w i t h t h e UN in every possible way. It is, however, a p p r o p r i a t e to reiterate my g o v e r n m e n t ' s position that t h e role of the Secretary-General as envisaged in this p a r a g r a p h a n d operative p a r a g r a p h 21 is to be i m p l e m e n t e d in a m a n n e r c o n s i s t e n t w i t h t h e t i m e - h o n o u r e d principle set forth in Article 2, p a r a g r a p h 7, of the C h a r t e r of the United Nations. O p e r a t i v e p a r a g r a p h 10 r e p r e s e n t s a b l a t a n t i n t e r f e r e n c e in t h e i n t e r n a l affairs of M y a n m a r . M y a n m a r has c h o s e n t h e m e c h a n i s m o f t h e National C o n v e n t i o n as its political path t o w a r d s democracy a n d will never deviate f r o m this u n d e r taking at this stage after so m u c h progress has been achieved. We c a n n o t accept any j u d g e m e n t on o u r i n t e r n a l political process. As is n o w c o m p o s e d , absence of representatives of a single political party does n o t detract f r o m the representative character of the National C o n v e n t i o n since delegates representing all strata of life in t h e c o u n t r y , i n c l u d i n g t h e delegates f r o m o t h e r political p a r t i e s a n d n a t i o n a l races are p a r t i c i p a t i n g in t h e process. It was the NLD which unilaterally withdrew f r o m the process a n d r e n o u n c e d its right to p a r t i c i p a t i o n . T h e g o v e r n m e n t c a n n o t be faulted for that. T h e N a t i o n a l C o n v e n t i o n i s t h e only f o r u m where dialogue is going on a m o n g the national races to achieve consensus on the principles for the new constitution. I want to stress that t h e success of the National Convention is the national priority. My g o v e r n m e n t will not accept any d i s r u p t i o n of this process, whatever j u d g e m e n t is m a d e on it. It is neither a p p r o p r i a t e nor morally defensible for any c o u n t r y t o pass j u d g e m e n t o n o u r i n t e r n a l process or to a t t e m p t to channel that process to its own liking. We totally reject the conclusion m a d e in t h e p a r a g r a p h .
BURMA DEBATE
The intent a n d p u r p o s e of operative paragraph 16 referring to the Convention on the Rights of the Child is difficult to u n d e r s t a n d . M y a n m a r acceded to the C o n v e n t i o n in July 1991, well before several c o - s p o n s o r c o u n t r i e s b e c a m e States Parties. A l t h o u g h the C o n v e n t i o n has been accepted by a greater n u m b e r of countries t h a n any other international instrument on h u m a n rights, one co-sponsor of t h e p r e s e n t d r a f t has n o t acceded to t h e Convention, according to the i n f o r m a t i o n we have in h a n d as of September 1996. The exhortation in this paragraph plainly reveals an unfair treatment of m y c o u n t r y . W e c a n n o t accept t h a t t r e a t m e n t . U n d e r Article 43 of the C o n v e n t i o n , the c o m m i t tee on the Rights of the Child is the m e c h a n i s m to examine the progress m a d e by the States Parties in achieving the realization of the obligations u n d e r taken in the convention. M y a n m a r has, as required u n d e r the mechanism already submitted its national report at the 14th session of the C o m m i t t e e on the Rights of the Child and replied to both oral and written questions from the Committee. As the C o m m i t t e e is competent to transmit its suggestions a n d r e c o m m e n d a t i o n s together with its c o m m e n t s to any States Parties c o n c e r n e d , t h e r e is no valid g r o u n d for the reference m a d e in this paragraph.
MR.
CHAIRMAN,
The draft contained in A/C.3/52/L.63 is, for the above-mentioned reasons, not acceptable to us. My delegation totally rejects all the negative elements a n d disassociates itself f r o m the draft. My delegation wishes to express its deepest appreciation to all friendly countries for their support, cooperation and understanding shown towards my delegation and the constructive approach they have taken on the draft. T h a n k you, Mr. C h a i r m a n .
35
NOV/DEC 1997
IN BRIEF ROUNDTABLES W A S H I N G T O N , DC — A W a s h i n g ton Roundtable of November 21 featured David Tharckabaw of the Karen N a t i o n a l U n i t o n a n d Sao O o d Kesi, a representative of t h e S h a n e t h n i c minority. T h e speakers discussed t h e status of refugees fleeing force relocat i o n a n d forced l a b o r i n B u r m a . The Washington Roundtable is co-sponsored by H u m a n Rights Watch/Asia, T h e Jesuit R e f u g e e Service, T h e U.S. C o m m i t t e e f o r Refugees a n d Refugees International. F o r m o r e i n f o r m a t i o n c o n t a c t Refugees International by p h o n e : (202) 8 2 8 - 0 1 1 0 or fax: (202) 828-0819.
L O N D O N — T h e B u r m a Briefing i s a periodic meeting of N G O s working on B u r m a . For information contact E d m o n d McGovern by phone:
(44-
392) 8 7 6 - 8 4 9 or fax: (44-392) 8 7 6 - 5 2 5 .
HONG KONG — Information on B u r m a Roundtables can be obtained b y c o n t a c t i n g t h e Asian H u m a n Rights C o m m i s s i o n b y p h o n e : (852) 2 6 9 8 6 3 3 9 or fax: (852) 2 6 9 8 - 6 3 6 7 .
NEW YORK — T h e N e w York R o u n d t a b l e is a p e r i o d i c m e e t i n g o f o r g a n i z a t i o n s a n d i n d i v i d u a l s i n t e r e s t e d i n B u r m a . For m o r e i n f o r m a t i o n c o n t a c t : B u r m a / U . N . Service O f f i c e b y
BRUSSELS/PARIS — The NGO com-
p h o n e : (212) 3 3 8 - 0 0 4 8 o r fax: (212) 338-0049.
m u n i t i e s in France a n d Belgium h o s t p e r i o d i c r o u n d t a b l e s i n Paris a n d Brussels. For m o r e i n f o r m a t i o n o n this E u r o p e a n f o r u m c o n t a c t Lotte Leicht of H u m a n Rights Watch b y p h o n e : (32-2) 732-2009 or fax: (32-2) 732-0471.
NEW ENGLAND — T h e N e w E n g l a n d B u r m a R o u n d t a b l e is an informal group of individuals a n d organizations working to p r o m o t e h u m a n rights a n d d e m o c r a c y i n B u r m a . M e e t i n g s are h e l d t h e s e c o n d M o n d a y o f every m o n t h . For i n f o r m a t i o n c o n tact S i m o n Billenness of F r a n k l i n Research 8c D e v e l o p m e n t C o r p o r a t i o n b y p h o n e : (617) 4 8 2 - 6 6 5 5 o r fax: (617) 4 8 2 - 6 1 7 9 . S A N F R A N C I S C O — T h e Bay Area B u r m a R o u n d t a b l e is h e l d
NETHERLANDS — The Nether
t h e t h i r d W e d n e s d a y o f every m o n t h . F o r m o r e i n f o r m a t i o n
lands B u r m a Roundtable is held once e v e r y t w o m o n t h s w i t h t h e goal o f u p d a t i n g organizations a n d individ u a l s o n c u r r e n t e v e n t s a n d activities s u r r o u n d i n g B u r m a . For m o r e i n f o r m a t i o n contact: B u r m a C e n t r e N e t h e r l a n d s ( B C N ) , b y p h o n e : (31-020) 6 7 1 6 9 5 2 or fax: ( 3 1 - 0 2 0 ) 761-3513.
c o n t a c t J a n e J e r o m e b y p h o n e : (408) 9 9 5 - 0 4 0 3 o r e - m a i l :
[email protected]. S E A T T L E — T h e B u r m a Interest G r o u p is a n o n - p a r t i s a n f o r u m a t t e n d e d b y representatives o f N G O s , b u s i n e s s , a c a d e m i a a n d o t h e r interested parties t h a t m e e t s m o n t h l y t o discuss B u r m a related topics. F o r m o r e i n f o r m a t i o n c o n t a c t L a r r y D o h r s b y p h o n e : (206) 7 8 4 - 6 8 7 3 o r fax: ( 2 0 6 ) 7 8 4 - 8 1 5 0 .
BRIEFINGS AND DEVELOPMENTS UN PROVIDES FLOOD AID
UN TO SEND SPECIAL ENVOY TO BURMA The
United
Nations
Secretary-General,
Kofi
Annan,
has
a n n o u n c e d t h a t a U N Special E n v o y will b e sent t o B u r m a , p e r h a p s within the next m o n t h , to m o n i t o r the country's moves toward d e m o cratic r e f o r m . T h i s a n n o u n c e m e n t f o l l o w e d t h e D e c e m b e r 1 6 m e e t i n g b e t w e e n M r . A n n a n a n d S e n i o r G e n e r a l T h a n Shwe, c h a i r m a n o f t h e B u r m e s e regime's State Peace a n d D e v e l o p m e n t C o u n c i l ( S P D C ) . T h e t w o officials w e r e in Kuala L u m p u r to a t t e n d a s u m m i t of Asian l e a d ers. T h e S e c r e t a r y - G e n e r a l said o f t h e envoy's u p c o m i n g m i s s i o n : "It's
In a D e c e m b e r 9 a n n o u n c e m e n t t h e U n i t e d N a t i o n s F o o d a n d A g r i c u l t u r e O r g a n i z a t i o n stated t h a t it w o u l d p r o v i d e $318,000 in a i d t o B u r m a t o assist i n r e h a b i l i t a t i o n e f f o r t s resulting f r o m t h e severe f l o o d i n g t h a t o c c u r r e d over t h e past several m o n t h s . A r e p o r t e d 510,000 h e c t a r e s o f c r o p s w e r e lost, a f f e c t i n g over 120,000 f a r m e r s a n d t h e r e is n o w a s h o r t a g e of seeds f o r p l a n t i n g . T h e UN agency said t h a t a t t h e g o v e r n m e n t ' s r e q u e s t i t w o u l d s u p p l y sunflower, soya b e a n a n d vegetable seeds f o r d i s t r i b u t i o n t o t h e f l o o d - s t r i c k e n f a r m e r s .
a little u n u s u a l f o r t h e U n i t e d N a t i o n s . We are n o t g o i n g in w i t h a t i m e t a b l e like w e d i d w i t h C a m b o d i a . "
BURMA DEBATE
36
NOV/DEC 1997
INSIDE W A S H I N G T O N
BUSINESS W A T C H
U.S. GOVERNMENT CONDEMNS SENTENCING OF OPPOSITION LEADERS
TAIWAN TO OPEN TRADE MISSION IN RANGOON
In a s t a t e m e n t released by t h e D e p a r t m e n t of State on D e c e m b e r 16, t h e U.S. g o v e r n m e n t voiced its c o n d e m n a t i o n o f t h e sentences given t o seven m e m b e r s o f Burma's democratic opposition party w h o were detained last m o n t h f o l l o w i n g a t t e m p t s t o h o l d p a r t y o r g a n i z a tional m e e t i n g s . Six of t h e seven m e m b e r s of t h e N a t i o n a l League for D e m o c r a c y w e r e s e n t e n c e d to six years in p r i s o n for " d i s t u r b i n g t h e p u b l i c o r law a n d order." T h e seventh received a seven-year t e r m . T h e s t a t e m e n t , w h i c h was read by D e p u t y S p o k e s m a n , James B. Foley, called for t h e release of all political p r i s o n e r s a n d c o n c l u d e d w i t h t h e f o l l o w i n g r e m a r k s : " W e h a d h o p e d t h a t t h e recent r e s t r u c t u r i n g o f B u r m a ' s m i l i t a r y j u n t a m i g h t lead t o l o n g - p r o m i s e d political r e f o r m s , a n d especially create new opportunities to begin a meaningful dialogue aimed a t n a t i o n a l reconciliation w i t h t h e N a t i o n a l League f o r Democracy, other democratic parties a n d Burma's ethnic m i n o r i t i e s . H o w e v e r , i t a p p e a r s t h a t repression a n d dictat o r s h i p r e m a i n t h e hall m a r k s o f t h e r u l i n g j u n t a .
CONGRESSMEN CALL FOR HALT TO FORCED RETURN OF REFUGEES M e m b e r s o f t h e U n i t e d States H o u s e o f R e p r e s e n tatives expressed their c o n c e r n over t h e f o r c e d r e t u r n o f refugees b y t h e g o v e r n m e n t o f T h a i l a n d . Reacting t o a n i n c i d e n t w h i c h t o o k place o n N o v e m b e r 1 5 a n d resulting in t h e r e p a t r i a t i o n of n e a r l y 1,000 Karen refugees, t h e Congressmen appealed to Thai Prime Minister C h u a n Leekpai t o halt t h e f o r c e d r e t u r n o f these refugees b a c k t o B u r m a . In t h e i r letter of N o v e m b e r 21, Representatives Chris Smith (R-NI), Tom Lantos (D-CA) a n d Howard Berman (D-CA) urged the Thai government to provide safe h a v e n t o t h o s e fleeing B u r m a .
A c c o r d i n g to t h e Far Eastern Economic Review, Taiwan p l a n s to o p e n a full t r a d e m i s s i o n in R a n g o o n in t h e n e a r f u t u r e . T h e m o v e is seen as p a r t of Taiwan"s overall strategy to e x p a n d t r a d e links w i t h its S o u t h e a s t Asian n e i g h b o r s . B o t h of Taiwan's m a j o r airlines, C h i n a Airlines a n d Eva Air, already fly weekly c h a r t e r s b e t w e e n B u r m a ' s capital city a n d Taipei a n d m a n y m e m b e r s o f B u r m a ' s b u s i n e s s c o m m u n i t y are o f C a n t o n e s e a n d F u j i a n e s e o r i g i n w i t h s t r o n g ties t o Taiwan. E c o n o m i c a n d t r a d e offices serve as defacto e m b a s s i e s for t h e Taiwanese g o v e r n m e n t in c o u n t r i e s t h a t recognize C h i n a r a t h e r t h a n Taiwan.
TEXTILE WORKERS ON STRIKE T h e F e d e r a t i o n o f T r a d e U n i o n s - B u r m a has r e p o r t e d t h a t n e a r l y 1,000 textile w o r k e r s i n t h e city o f Pegu, 5 0 miles f r o m R a n g o o n , w e n t o n strike o n N o v e m b e r 1 9 in a call f o r h i g h e r p a y a n d b e t t e r w o r k i n g c o n d i t i o n s T h e e m p l o y e e s of t h e Yan Xi Kyan factory, a j o i n t v e n t u r e b e t w e e n t h e B u r m e s e g o v e r n m e n t a n d a C h i n e s e c o m pany, p a r t i c i p a t e d in a w o r k s t o p p a g e w h i c h led to t h e arrest a n d dismissal of eleven strikers. T h e d i s p u t e w a s settled on D e c e m b e r 12 after m a n a g e m e n t agreed to t h e list o f d e m a n d s a n d all d i s m i s s e d w o r k e r s w e r e reinstated. F u r t h e r l a b o r u n r e s t t o o k place at a f a c t o r y in N o r t h O k k a l a p a , as w o r k e r s p r o t e s t e d t h e closing of t h e C h e r r y G a r m e n t f a c t o r y w h e r e n e a r l y 3,000 p e o p l e w e r e e m p l o y e d . T h e s o a r i n g i n f l a t i o n rate a n d t h e fact t h a t m a n a g e m e n t i n m a n y o f t h e textile factories has b e e n a s s u m e d b y m e m b e r s o f t h e m i l i t a r y a p p e a r t o have c o n t r i b u t e d t o t h e g r o w i n g d i s c o n t e n t a m o n g B u r m a ' s w o r k force.
THAI BANK ANNOUNCES CLOSING OF BURMA BRANCH T h a i l a n d ' s t h i r d largest c o m m e r c i a l b a n k , T h a i F a r m e r s B a n k PLC, has a n n o u n c e d t h a t it will close its offices in B u r m a d u e to lack of business. Because t h e B u r m e s e a u t h o r i t i e s d o n o t p e r m i t full o p e r a t i o n s b y foreign b a n k s , t h e b r a n c h e s serve as representative offices r e s p o n s i b l e for advising T h a i s d o i n g b u s i n e s s in t h e c o u n t r y . However, a b a n k officer w a s r e p o r t e d as stating that: " M a n y T h a i b u s i n e s s m e n a r e leaving B u r m a . . . b e c a u s e t h e y aren't m a k i n g a n y m o n e y there." T h a i F a r m e r s , w h i c h is closing its offices in V i e t n a m f o r t h e s a m e reasons, stated t h a t it w o u l d c o n s i d e r r e o p e n i n g i n b o t h c o u n t r i e s w h e n t h e g o v e r n m e n t s w o u l d allow f o r e i g n b a n k s t o o p e r a t e full b r a n c h e s w i t h c o m p l e t e b a n k i n g services.
CANADIAN FIRM STOPS BUSINESS IN BURMA PRESIDENT CLINTON REPORTS TO CONGRESS In a D e c e m b e r 9 letter to t h e U.S. H o u s e of R e p r e sentatives, P r e s i d e n t Bill C l i n t o n stated t h a t , " T h e mili-
Tiger I n t e r n a t i o n a l Resources Inc., a C a n a d i a n b a s e d firm, has a n n o u n c e d t h a t i t will n o longer d o b u s i n e s s i n B u r m a . T h e c o m p a n y , w h i c h has b e e n investing i n a n d c o n d u c t i n g m i n e r a l e x p l o r a t i o n i n B u r m a since 1996, p l a n s t o advise t h e gov-
t a r y r e g i m e i n B u r m a , t h e State Law a n d O r d e r R e s t o r a -
e r n m e n t of its decision to leave by t h e e n d of 1997. Reasons cited for t h e w i t h d r a w -
t i o n C o u n c i l , h a s m a d e n o p r o g r e s s i n t h e p a s t six m o n t h s i n m o v i n g t o w a r d greater d e m o c r a t i z a t i o n , n o r has i t m a d e a n y p r o g r e s s t o w a r d f u n d a m e n t a l i m p r o v e -
a l i n c l u d e d t h e claim t h a t t h e g o v e r n m e n t w a s u n r e s p o n s i v e t o m a r k e t p r e s s u r e s a n d p l a c e d t o o m a n y b u r d e n s o n c o m p a n i e s t r y i n g t o o p e r a t e there, m a k i n g Tiger I n t e r n a t i o n a l Resources' p r o j e c t u n e c o n o m i c a l .
m e n t i n t h e q u a l i t y o f life o f t h e p e o p l e o f B u r m a . " I n light o f this, t h e P r e s i d e n t declared t h a t B u r m a " c o n t i n ues t o r e p r e s e n t a n e x t r a o r d i n a r y a n d u n u s u a l t h r e a t t o t h e n a t i o n a l security, f o r e i g n policy a n d e c o n o m y o f t h e U n i t e d States" t h e r e b y n o t i n g t h a t t h e c o n d i t i o n s r e m a i n i n place t h a t led h i m t o i m p o s e s a n c t i o n s o n i n v e s t m e n t in B u r m a . T h e letter a c c o m p a n i e d a r e p o r t to C o n g r e s s r e q u i r e d every six m o n t h s u n d e r t h e FY 1997 Foreign
EDITOR'S N O T E
O p e r a t i o n s A p p r o p r i a t i o n s Act o n t h e p r o g r e s s t o w a r d democratization in Burma.
t h e p h o t o g r a p h of U O h n G y a w (p. 19) w a s i n a d v e r t e n t l y o m i t t e d . It s h o u l d h a v e read: R e u t e r s / R o m e o R a n o c o / A r c h i v e P h o t o s .
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R e g a r d i n g t h e S e p t e m b e r / O c t o b e r 1997 issue of Burma Debate, t h e credit on
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VOICES OF BURMA These letters were received from Burma,
translated and edited for B u r m a D e b a t e .
U n d a t e d (1997) T h i s July 19th, M a r t y r s ' D a y is a s a d d e r d a y t h a n p r e v i o u s o n e s as we do n o t h e a r t h e sirens b e i n g played by t h e Myanma-athan [ B u r m a B r o a d c a s t i n g Service] a n y m o r e at t h e exact t i m e of Bogyoke's [General A u n g San] d e a t h . Also t h e Na-WaTa generals do n o t salute on M a r t y r s ' Day. T h i s b e h a v i o r by Na-Wa-Ta s h o w s disres p e c t . . . for t h e fallen leaders w h o are m a r t y r s . I n t h e c u r r e n c y p r i n t e d b y Na-WaTa, Bogyoke's p i c t u r e is no longer there. By o b s e r v i n g t h e s e acts of Na-Wa-Ta it s e e m s t h a t t h e y are t r y i n g t o m a k e t h e p e o p l e f o r g e t Bogyoke; p e r h a p s t h e y h a v e feelings of jealousy a n d r e s e n t m e n t t o w a r d s Bogyoke. It is so sad t h a t Bogyoke is n o t respected a n d valued. M a n d a l a y University D e c e m b e r 8, 1997 Travel r e s t r i c t i o n s o n M u s l i m s o f A r a k a n , w h i c h w e r e i m p o s e d l o n g ago, have b e e n f u r t h e r t i g h t e n e d recently. Severe restrictions have p a r t i c u l a r l y b e e n p u t o n travel b e t w e e n M a u n g d a w a n d Sittwe (Akyab). Besides g e t t i n g p e r m i s s i o n f o l l o w i n g a l e n g t h y process w h i c h is very costly, i n t i m i d a t i o n a n d e x t o r t i o n a l o n g t h e w a y is n o w c a r r i e d o u t w i t h a d d e d m o m e n t u m . T h e latest m e t h o d o f h a r a s s m e n t a n d b r u tal dealings are a p p l i e d against t h e M u s l i m s at t h e n o t o r i o u s "ASEAN gate" in Akyab. All t h e M u s l i m passengers are h e r d e d to t h e "ASEAN gate" after arrival at t h e jetty i n Akyab, w h i c h w a s erected recently f o r t h e R o h i n g y a passengers, w h i l e n o n M u s l i m s are allowed t o g o t h r o u g h t h e u s u a l gate. R o h i n g y a s are k e p t inside t h e "ASEAN gate" f o r a b o u t t w o o r m o r e h o u r s w h e r e t h e y a r e physically h u m i l i a t e d a n d f i n a n c i a l l y e x t o r t e d b e f o r e b e i n g allowed t o p r o c e e d . W h a t e v e r i s d e m a n d e d b y t h e c o m b i n e d a u t h o r i t i e s p o s t e d a t t h e jetty, m u s t b e p r o v i d e d b y t h e M u s l i m Rohingyas. T h e M u s l i m s have t o unwillingly b u y a n t i - M u s l i m p r o p a g a n d a m a g a zines, m a k e d o n a t i o n s f o r b u i l d i n g p a g o d a s , a n d b u y l o t t e r y tickets w i t h expired dates. D u r i n g t h e l i n e - u p a t t h e i n f a m o u s gate, t h e M u s l i m s n e e d t o sit h u m b l y a n d a n y m o v e m e n t t h a t w o u l d create u n d e s i r a b l e a t t e n t i o n results i n b e a t i n g a n d kicking, w i t h o u t c o n s i d e r i n g t h a t t h e p e r s o n m a y b e old o r p r e g n a n t . T h e a u t h o r i t i e s have b e e n feeling t h a t i t was possible f o r t h e S L O R C t o b e admitted to ASEAN because of the strong support from Muslim countries in ASEAN. But w h a t a b o u t t h e M u s l i m s i n B u r m a ? A s t h e j u n t a m a i n t a i n s its s a m e t r a c k — e t h n i c cleansing in M u s l i m areas — it h a s n a k e d l y started h u m i l i a t i n g t h e M u s l i m s i n A r a k a n b y i n t r o d u c i n g this "ASEAN gate" t o dispel a n y h o p e i n t h e m o f s t r o n g c o n s t r u c t i v e i n t e r v e n t i o n f r o m Malaysia a n d I n d o n e s i a t o i m p r o v e t h a t status of Muslims in Burma.
BURMA The Challenge of Change in a Divided Society edited by Peter Carey foreword by Aung San Suu Kyi Macmillian Distribution Ltd Houndmills, Basingstoke Hampshire RG21 6XS UK Tel: (1256) 329242 Fax: (1256) 842084 In this publication, Peter Carey brings together contributions by some of the leading experts on contemporary Burma. These participants at a Southeast Asia conference sponsored by the Foreign and Commonwealth Office in conjunction with the St. Anthony's College Asian Studies Centre, discussed four topic areas — politics and constitution-making; the economy and the role of foreign aid; the minorities; and foreign policy — and looked at the prospects for change in a deeply divided, yet intrinsically rich country.
THE HOUSE OF YANG: GUARDIANS OF AN UNKNOWN FRONTIER by Yang Li (Jackie Yang) with an introduction by Dr. Josef Silverstein Bookpress 12/66 Pitt Street Sydney NSW 2001 Australia This book about Kokang and its ruling family, the House of Yang, gives a brief look into the history, politics, culture and tradition of the Kokang people. Copies can be obtained from the author at P.O. Box 540, Mawson ACT 2607, Australia.
OFF THE PRECIPICE: MASSACHUSETTS EXPANDS ITS FOREIGN POLICY EXPEDITION From Burma to Indonesia by David R. Schmahmann, James Finch, Tia Chapman
Maungdaw, Burma July 31, 1997 . . . I w a n t t o tell y o u a b o u t t h e s p r e a d o f t h e A I D S v i r u s a n d d e a t h s f r o m t h e H I V / A I D S i n t h e j a d e m i n e s areas o f t h e Kachin State villages s u c h a s H p a - k h a n t , S e i k - m u , T a r - m a k a n , a n d L o n e - k i n . I n s o m e cases, d u e t o t h e m a n y d e a t h s t h a t take place daily i n t h e villages, t h e b o d i e s are just rolled u p i n m a t s f o r t h e f u n e r a l s . T h e S L O R C o n t h e o t h e r h a n d , b y o b t a i n i n g m a n y so-called 'peace' a g r e e m e n t s , i n c l u d ing o n e w i t h d r u g k i n g p i n K h u n Sa, h a s allowed c e r t a i n g r o u p s t o engage i n lawless b u s i n e s s activities w i t h i n t h e c o u n t r y . Particularly i n P h a - k h a n t t o w n s h i p , t h e blat a n t sale a n d t r a f f i c k i n g o f h e r o i n can b e seen. T h e A I D S virus, t r a n s m i t t e d t h r o u g h t h e use o f needles o r f r o m H I V - i n f e c t e d prostitutes, has i n d e e d s p r e a d . A c c o r d i n g t o local d o c t o r s , t h e y see an u n c o n t r o l l a b l e s i t u a t i o n in t h e s e affected areas in t h e n e x t f o u r or five years a n d p r e d i c t a m a s s e x o d u s of villagers fleeing to o t h e r areas. In
Nutter, McClennen & Fish, LLP One International Place Boston, MA 02110-2699 Tel: (617) 439-2000 The authors discuss the broader implications of legislation passed by the state of Massachusetts which prevents granting government contracts to firms doing business in Burma. This article, published by the Vanderbilt Journal of Transnational Law (Vol.30, No.5, Nov 1997), considers the wisdom and constitutionality of a similar law that has been proposed to penalize companies that do business with Indonesia. Mr. James Finch, one of the authors, is a resident partner in Rangoon of the international law firm of Russin & Vecchi, LLP.
m a n y places w e c a n see H I V - i n f e c t e d p e o p l e w i t h b l o a t e d faces a n d legs s c r o u n g i n g f o r f o o d i n t h e g a r b a g e piles. Phakant
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S L O R C SPEAKS
THE MODERN ENGLISH-MON DICTIONARY
This interview originally appeared in the December 8, 1997 issue of the Japanese newspaper T h e Nikkei Weekly. It is reprinted here with permission and may not be reproduced on the internet.
Compiled by Nai Tun Way August 1997 Chamnien Sridaoduen TECH Promotion & Advertising Co. Ltd. 480-482 Lardprao Road Lardyao, Jatujak Bangkok 10900 Thailand Tel: (66-2) 511-1094/512-1053/513-7642 Fax: (66-2) 512-1180 This dictionary is a first edition publication compiled by Nai Tun Way and edited by Peter Skilling and Deirdre Higgins. It is the most recent English-Mon dictionary available.
BURMA RESEARCH JOURNAL Vol.1 No.2 & Vol.2 No.l compiled & edited by Kanbawza Win CPDSK (Institute of) P.O. Box 260 Samsennai P.O. Bangkok 10400 Thailand Produced by expatriate Burmese and compiled by chief editor Dr. Kanbawza Win, this journal contains articles by various authors including Dr. Mya Maung (Boston College), and David Steinberg (Georgetown University), on the Burmese political and economic conditions, as well as articles on U.S. policy toward Burma.
BURMESE LANGUAGE KIT (for the Macintosh) XenoType Technologies http://www.nwlink.com/~bokai/index.html This kit provides support for the Burmese, Shan, Mon and Pali languages. You can combine any or all of these languages with any other language on the Macintosh, thus eliminating awkward keystrokes and allowing the typing of the same key for every Burmese character. Information about this product and high resolution samples for view are available at the above website. Orders can be placed on-line using a credit card.
AMBASSADOR URGES JAPANESE INVESTORS TO MEET EUROPE LEVEL BY SATOSHI ISAKA, staff writer lapanese companies should expand investment in Myanmar to recoup ground lost to E u r o p e a n a n d S o u t h e a s t Asian c o m p a n i e s , A m b a s s a d o r U Soe W i n says. Soe W i n , 52, a f o r m e r m i l i t a r y officer, also says he s o m e t i m e s sees M y a n m a r dissidents w h o live in l a p a n . Q : Japan has m a d e r e s u m p t i o n o f aid t o M y a n m a r c o n d i t i o n a l o n i m p r o v e m e n t i n d e m o c r a t i z a t i o n a n d h u m a n rights. W h a t d o y o u t h i n k o f that? A: T h o u g h o u r t w o c o u n t r i e s have l o n g e n j o y e d f r i e n d l y ties, I d o n ' t d e n y t h a t t h e r e are u p s a n d d o w n s i n t h e r e l a t i o n s h i p . Foreign p r e s s u r e has u n f o r t u n a t e l y c a u s e d l a p a n t o reluctantly s u s p e n d official d e v e l o p m e n t assistance since 1988 ( w h e n the current military government took power). On o u r part, there is no change in policy. W i t h o r w i t h o u t o u t s i d e assistance, t h e g o v e r n m e n t i s d e t e r m i n e d t o m a r c h f o r w a r d t o b u i l d a m o d e r n society w i t h o u r n a t u r a l a n d h u m a n resources. Q : l a p a n ' s i n v e s t m e n t i n M y a n m a r r e m a i n s small. You m u s t b e c o n c e r n e d . A : M a n y l a p a n e s e enterprises, p a r t i c u l a r l y big t r a d i n g c o m p a n i e s , w i s h t o invest i n M y a n m a r . T h e y have m u c h interest i n t h e oil a n d gas sectors, w h e r e w e have great p o t e n t i a l . But b e c a u s e o f p r e s s u r e f r o m s o m e q u a r t e r s a n d lack o f O D A , p o t e n t i a l investors h a v e b e e n lackadaisical. At p r e s e n t , o u t s t a n d i n g l a p a n e s e i n v e s t m e n t is just $202 m i l l i o n , lagging far b e h i n d c o m p a n i e s f r o m E u r o p e a n d S o u t h e a s t Asia. U.K. c o m p a n i e s , despite their g o v e r n m e n t b e i n g v e r y vocal a b o u t political c o n d i t i o n s i n M y a n m a r , are q u i t e eager t o d o b u s i n e s s i n o u r c o u n t r y . Q : Tensions b e t w e e n t h e M y a n m a r g o v e r n m e n t a n d t h e N a t i o n a l League f o r D e m o c r a c y , led b y A u n g San S u u Kyi, a p p e a r t o have s o m e h o w eased i n r e c e n t weeks. H o w s h o u l d w e u n d e r s t a n d t h e g o v e r n m e n t ' s i n t e n t i o n ? A : P r e v e n t i n g t h e d i s i n t e g r a t i o n o f t h e u n i o n a n d m a i n t a i n i n g n a t i o n a l solidarity are a m o n g t h e h i g h e s t goals of t h e g o v e r n m e n t . It h a s since 1988 b e e n striving to a c c o m m o d a t e all t h e n a t i o n a l races a n d consolidate t h e u n i o n . As a result, m o s t rebel g r o u p s have m a d e p e a c e after t h e y realized t h e goodwill, p a t i e n c e a n d m a g n a n i m i t y of t h e g o v e r n m e n t . So I c a n say t h e recent d e v e l o p m e n t t h a t y o u refer t o i s also o n e o f t h e c i r c u m s t a n c e s t h a t t h e g o v e r n m e n t h a s s h o w n its m a g n a nimity, p a t i e n c e a n d forgiveness. T h e r e i s n o t h i n g t h a t c a n n o t h a p p e n i n politics. I f o u n d i t t r u e w h e n m o s t o f t h e rebel g r o u p s r e t u r n e d t o t h e legal fold t o m a k e peace. S u c h d e v e l o p m e n t w a s inconceivable i n t h e days o f t h e p r e v i o u s g o v e r n m e n t s . N o o n e ever i m a g i n e d t h a t p e a c e a n d t r a n q u i l i t y w o u l d prevail s o w i d e l y i n M y a n m a r a s t h e y d o today. Q : W h a t sort o f Japanese are y o u m o s t closely associated with? A : T h e r e a r e t w o t y p e s o f l a p a n e s e f r i e n d s w i t h w h o m I a m closely related. O l d f r i e n d s are w a r v e t e r a n s ( w h o f o u g h t d u r i n g W o r l d W a r I I i n M y a n m a r ) . T h e y h a v e a f o n d m e m o r y o f M y a n m a r a n d h a v e o f t e n visited t h e c o u n t r y . I a m o f t e n invited b y t h e m f o r d i n n e r , f o r speeches a n d f o r o t h e r e n g a g e m e n t s . N e w f r i e n d s are b u s i n e s s p e o p l e , especially t h o s e at big t r a d i n g h o u s e s like M i t s u i & Co., M a r u b e n i C o r p . , I t o c h u C o r p . a n d S u m i t o m o C o r p . , w h o are c o n sidering i n v e s t m e n t i n M y a n m a r . Q : T h e r e are m a n y M y a n m a r expatriates i n l a p a n w h o f l e d t h e c o u n t r y after 1988 a n d lead a n t i - g o v e r n m e n t activities here. H o w are y o u dealing w i t h t h e m ? A : W e have t o c o n s o l i d a t e t h e m i n t o o u r fold. Five dissidents have c h a n g e d t h e i r a t t i t u d e s since I c a m e here. O n e of t h e m , w h o got m a r r i e d to a l a p a n e s e lady, went back h o m e and surrendered to the government. He then returned to lapan a n d stays as a b u s i n e s s m a n . W e get i n t o u c h w i t h dissidents t h r o u g h o u r m i d d l e m e n . I n t e n t i o n a l l y o r unintentionally, we have sometimes met.
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NOV/DEC 1997
Burina Debate is a publication of T h e Burma Project of the Open Society Institute Mary Pack, Editor
THE OPEN SOCIETY INSTITUTE (OSI) was established in December of 1993 to promote the development of open societies around the world. Toward this goal, the institute engages in a number of regional and country-specific projects relating to education, media, legal reform and human rights. In addition, OSI undertakes advocacy projects aimed at encouraging debate and disseminating information on a range of issues which are insufficiently explored in the public realm. OSI funds projects that promote the exploration of novel approaches to domestic and international problems. T h e Burma Project initiates, supports and administers a wide range of programs and activities. Priority is given to programs that promote the well-being and progress of all the people of Burma regardless of race, ethnic background, age or gender.
OPEN
SOCIETY
INSTITUTE
George Soros, Chairman Aryeh Neier, President Maureen Aung-Thwin, Director, The Burma Project website: http://www.soros.org/burma.html
