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BURMA HUMAN RIGHTS REPORTS ON OCTOB
Subject: BURMA HUMAN RIGHTS REPORTS ON OCTOBER 1995 (COMMITTEE' FINAL REPORT)
/* Posted 22 Nov 6:00am 1995 by DRUNOO@xxxxxxxxxxxx(DR U NE OO) in igc:reg.burma */
/* -------------" HR Sub Committee Report on Burma "---------------- */
The Human Rights Sub-Committee of the Joint Standing Committee on Foreign
Affairs, Defence and Trade (Australia) has published its concluding report
on human rights situation in Burma. Following material is a reproduction of
conclusion from the 167page-report. Those wishing to receive a copy may be
worthwhile contacting the Secretary of Human Rights Sub-Committee. I would
post those materials as time permits. Regards, U Ne Oo.
------------------------------------------------------------------------
The Parliament of the Commanwealth of Australia
Joint Standing Committee on Foreign Affairs, Defence and Trade
A REPORT ON HUMAN RIGHTS AND THE LACK OF PROGRESS TOWARDS DEMOCRACY
IN BURMA(MYANMAR)
October 1995
Australian Government Publishing Service Canberra
"We give express charge that in our marches through the
country there be nothing compelled from the villages, nothing
taken but paid for, none of the people upbraided or abused in
disdainful language; for when lenity and cruelty play for a
kingdom, the gentler gamester is the soonest winer.(William
Shakespeare, King Henry V)"
pp-xiii
-------
CONCLUSIONS
1. Reports continue to be made of gross human rights abuses in Burma,
'consistently and on a wide scale."[1] The concessions which the Government
of Burma has made, and made only under great international pressure - the
abolition of military tribunals, the release of some of the high profile
political detainees and the cessation of official executions - are
important but since they rely on the will or the whim of the Government
there is no certainty that these abuses will not occur in as great a
measure at any time. No structural changes have been made which might
assist in the long term protection of human rights. This requires the
perpetrators of abuses to be brought to justice, the establishment of an
independent judiciary and a free press, a recognition of the rights of a
democratic opposition and the subordination of the army to an elected
civilian government. There is no sign of any intention on the part of the
State Law and Order Restoration Council (SLORC) that they will implement
democratic changes which would ensure this kind of accountability.
2. The gap between the statements made by various representatives of the
Burmese Government and the actual conditions of life for ordinary Burmese
people appears to be very wide. For the most part, the worst conditions are
not matters that can be attributed to poverty or levels of development or
different, Asian, values. They are often attributable to government policy
or to the direct actions of the government or individual military
commanders. They result from a lack of accountability. Where there is no
domestic accountability then the only possibility for the protection of
people who are abused by their government is through the international
system, flawed as it is.
3. This Committee reiterates the view it put in its last report on 'A Review
of Australia's Effort to Promote and Protect Human Rights', on the problems
that arises ofr states because of the demands by minority groups for
self-determination and independence. The Committee believes this issue
alone represents one of the major security issues facing the world today.
It is particularly pertinent to the countries of the region where there are
numerous examples of pressure being applied to central governments for
self-determination. In 1994, the Committee argued:
that governments cannot maintain national cohesion by force and the
continual oppresssion of minorities. It supports the proposition that
effective and successful multi-racial/multi-ethnic states need to
express their diversity in institutions and political structures which
genuinely accommodate the aspirations of their minorities. Failure to
make that accommodation, and worse, the abuse and oppression of
minorities, gives moral force to claims for independence and
secession.[2]
The Committee looked in particular at the problems of the border regions of
Burma where war has been endemic for nearly forty years. The problems
associated with the border regions of Burma are complex and longstanding.
However they clearly issustrate the interconnectednes of human rights,
political democracy, peace, security and development. The current Burmese
regime is a source of instability in the region. Its lack of accountability
and legitimacy allows for corruption and oppression; there is no forum,
independent of the government, to bring to account, consistently and
impartially, those who , through normal human venality, abuse, steal and
oppress their fellow citizens. There is no place for the aspirations of
minority groups who have a well founded suspicion of the power of the
majority to find expression. Corruption and voilence appear to be endemic
and, so long as they exist, they encourage the evils of trafficking in
arms, drugs and people and the outflows of refugees. Burma's problems then
spill over into neighbouring countries and spreads from there to the wider
world.
4. Therefore it is the the interests of the region and Australia that there
should be a solution to the problems Burma faces. Despite the ceasefires
and the acclaimed success of the military operations, the situation on the
borders continues to be fragile and precarious. For there to be a secure
peace there must be apolitical solution to the demands of the border
peoples. This will necessitate proper, not token and selected,
representation at the National Convention. Without proper representation at
the Convention there can be no lasting accommodation in the new
constitution of minority rights and little likelihood that such a
constitution will find long term acceptance, thereby providing the basis
for stability in the country.
5. On the question of political rights, thes Committee rejects the
proposition that any of the actions for which political prisoners have been
detained could be constructed as a threat to national security. In reality
it would appear that the laws are simply used against people exercising
their legitimate rights to free speech, free association and peaceful
political action - criticism of the actions of the SLORC, rightful protest
about the failure of the SLORC to respect the election victory of the NLD,
criticism of the dubious procedures of the National Convention and free
dialogue and cooperation whth the Special Rapporteur as agreed to by the
Government. The laws are vague and at times amendments have been made by
decree and punishments have been applied retrospectively. Procedures have
not been open and the Government has not produced concrete evicence upon
which judgements have been made. No distinction is made between the
security of the State and the 'security of the SLORC'. Consequently
procedures have not been in acord with natural justice and the 'prevailing
laws' not in accord with the international obligations of Burma as a member
of the United Nations to observe Article 11, 19, 20 and 21 of the Universal
Declaration of Human Rights.
6. This committee deplores the deliberate and systematic destruction of
political parties under the guise of legal process. It deplores the
manipulation of the National Convention in order to produce an
anti-democratic constitution which, if not modified, will entrench in power
a military regime which has usurped power and denied the will of the people
of Burma which was clearly expressed at a free and fair election.
7. In Burma, there is a long history of authoritarian rule and isolation
from international contact and international scrutiny. Today, since the
SLORC deprived the elected government of power in 1990, most of the gross
human rights abuses committed by the Government result from that act of
illegality, the opposition it has engendered and the systematic attempts of
the SLORC to destroy the National League for Democracy and any political
opposition to its rule. The Government lacks accountability; its rule is
arbitrary; it has dispensed with a rule of law and has resorted to rule by
decree. There has been little progress towards democracy.
8. If political reform, embodying transparency, accountability and
participation, is the vital ingredient in creating the conditions for real
economic growth, a sound basis for investment in the country and
guaranteed, productive use of aid, then political reform must be a central
objective of Australia's foreign policy towards Burma. The benchmarks
encompass this principle. The Committee believes that the benchmarks
represent useful guides towards democratic development. Obviously it is not
intended that all benchmarks will be absolutely acheved before there is
some reestablishment of official contacts with Burma.
9. The Committee believes however that more genuine progress in
establishing a dialogue with Aung San Suu Kyi and the NLD and a change to
the procedures of the National Convention are an essential starting point
before any further concessions are made to the SLORC. In this regard it is
important that Australia continue to seek the support of regional
neighbours in urging change in Burma.
10. Therefore the Committee draws atttention to recommendation number 27
urging regional countries to use their good offices to press the Government
of Burma towards democratic change.
11. The latest statements from the SLORC that they do not need to negotiate
with any one are not reassuring. They appear to reveal that the regime has
no commitment to democratic development in Burma. Such hardline attitudes
offer little scope for confidence on the part of the international
community that there will be any change to the practices, outlined in this
report, that have been so widely condemned. While such contempt is directed
at the consensus resolutions of the United Nations, there can be no change
to the policies of major international institutions, whether financial or
political, to include Burma more fully.
12. The Committee hopes that the SLORC will take up the offer of Aung San
Suu Kyi for dialogue and so recognise the will of the Burmese people so
clearly expressed in 1990.
/* Endreport */