BURMA HUMAN RIGHTS REPORT (2.22-2.3

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Subject: BURMA HUMAN RIGHTS REPORT (2.22-2.31)

/* posted Mon Jan 29 6:00am 1995 by DRUNOO@xxxxxxxxxxxx(DR U NE OO) in igc:reg.burma */
/* -----------" BURMA HUMAN RIGHTS REPORT, OCT 95 (2.23-2.31) "---------- */
Following materials are reproduction from the findings of Human Rights
Sub-Committee of the Joint Standing Committee on Foreign Affair, Defence
and Trade of the Parliament of Australia, published in October 1995.
Anyone wishing to inquire about the document may contact Ms Margaret
Swieringa, Secretary, Human Rights Sub-Committee, Parliament House,
Canberra A.C.T. 2600, AUSTRALIA.
Best regards, U Ne Oo.
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CHAPTER TWO: (2.23 - 2.31)
**************************
The Parliament of the Commonwealth of Australia
Joint Standing Committee of Foreign Affairs, Defence and Trade

A REPORT ON HUMAN RIGHTS AND THE LACK OF PROGRESS TOWARDS DEMOCRACY
IN BURMA (MYANMAR)     October 1995

CHAPTER TWO: HUMAN RIGHTS (2.23 - 2.31)
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Human Rights - Alternative Views

2.23  A  very  different  view  of  the human rights situation in Burma was
presented to the inquiry by many witnesses. This evidence came in part from
individual witnesses who talked about their personal experiences. It  might
be  construed  as  anecdotal,  skewed  by  the  lapse  of  time or simply a
distortion because individual  circumstances  were  being  extrapolated  to
characterise the whole. This distortion might be more like to happen if one
assumes  that  those who have left Burma are more likely to be disaffected.
However, the unchanging story and the  significant  amount  of  detail  and
photographic  proof  of  physical maltreatment offered by so many witnesses
from different parts of Australia was  increasingly  persuasive.  Moreover,
there   was   corroboration   of  these  stories  by  large  and  reputable
organisations - UN agencies, international human rights  organisations  and
aid  and relief organisations - whose task is to monitor, verify and filter
information in order to arrive at a accurate a picture as possibble.

2.24 In November 1994, Amnesty International concluded that there had  been
no  fundamental change in the attitude of the governing State Law and Order
Restoration Council (SLORC) towards respecting the basic  human  rights  of
its  citizens  and  that,  despite  tentative  steps  towards placating the
international community, the Government had reinforced its repressive  hold
within the country [18].

2.25  The US State Department country reports on human rights practices for
1994 concluded:

        The  Government  reinforces  its  rule  via  a  pervasive  security
        apparatus  led by military intelligence, the Directorate of Defence
        Services Intelligence (DDSI). Control is buttressed   by  selective
        restrictions on contact with foreigners, survelliance of government
        employees  and private citizens, harassment of political activists,
        intimidation, arrest, detention and physical abuse.
        .......
        Despite an appearance of greater  normalcy  fostered  by  increased
        economic  activity, in fact the Government's unacceptable record on
        human rights changed little in 1994. Out of sight of most visitors,
        Burmese citizens continued to live subject at any time and  without
        appeal  to  the  arbitrary  and  sometimes  brutal  dictates of the
        military. There continued to be credible reports, particularly from
        ethnic minority-dominated areas, that  soldiers  committed  serious
        human   rights   abuses,   including  extra-judicial  killings  and
        rape.[19]

2.26 Human Rights Watch/Asia, in March 1995 noted the release of nearly 100
political  prisoners  in  January   to   coincide   with   the   visit   of
representatives  of  the  UN  Secretary-General  and a further 31 in March.
Nevertheless they reported continued abuses across the country,  especially
in the attacks on the Karens accompanied by forced portering, forced labour
and  reprisals  against  the civilian population and attacks on the refugee
populations [20].

2.27 Freedom House, an  American  organisation  which  monitors  civil  and
political  rights  and  the  strength and stability of democracy around the
world, commented in its report on Burma for 1994-95 that:

        Burmese citizens cannot change their government democratically. The
        ruling  military  junta  has  all  but  decimated   any   political
        opposition. ....... Despite some cosmetic liberalisations in recent
        years,  the  Junta  still  denies  its citizens fundamental rights.
        Freedoms of speech, press and associations are severely restricted.
        Trade unions, collective bargaining and strikes are illegal ...  In
        the  border  areas .... soldiers rape women, force villagers to act
        as human mine-sweepers ahead of troops and compel civilians to  act
        as  porters, often until they die of exhaustion or hunger. Captured
        rebels  have  been   subjected   to   torture   and   extrajudicial
        executions.[21]

2.28  Freedom  House  gives  a  rating  to  countries  on  the basis of its
political freedom. It rates Burma at 7, its lowest  rating  for  a  country
that is not free.

2.29  The  Special  Rapporeur  of  the  commission on Human Rights, Mr Yozo
Yokota, in accordance with the Commission resolution 1994/85 visited  Burma
from  7-16  November 1994. He noted, since his previous visit, a relaxation
of tension in the life of the people and increased  economic  activity.  He
applauded  the  cooperation  of the Government with himself and the various
international agencies concerned with human rights. However,  on  examining
his  report,  it  appeared  to  the  Committee  that the cooperation of the
Government  declined  as  the  Special  Rapporteur  got   closer   to   any
investigation  of  the  rights  and  welfare of prisoners or the rights and
freedoms of political leaders or  participants.  He  concluded  that  there
were:
        serious  restrictions imposed upon people in the enjoyment of civil
        and political rights. Teh people do not generally enjoy freedom  of
        thought, opinion, expression, publication and peaceful assembly and
        association.  They  seem to be always fearful that anything they or
        their family members  say  or  do,  particularly  in  the  area  of
        politics, could put them at risk of arrest and interrogation by the
        police  or military intelligence. .... Several people told him that
        many persons wished to tell the Special Rapporteur  their  stories,
        but were too afraid to come and see him.[22]

2.30  This report will enumerate the kind of human rights abuses wihch were
conveyed to the Committee as ongoing problems in  Burma.  This  will  be  a
selection  only  of the cases brought to the Committee's attention. Readers
of the report should look to the volumes of submissions and evidence and to
the list of exhibits to get a comprehensive picture of the complaints.

2.31 The Committee recommends that:

        THE AUSTRALIAN GOVERNMENT URGE THE GOVERNMENT OF  BURMA  TO  RATIFY
        THE  MAJOR  HUMAN  RIGHTS COVENANTS, THE INTERNATIONAL COVENANTS ON
        CIVIL AND POLITICAL RIGHTS (ICCPR) AND THE  INTERNATIONAL  COVENANT
        ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR).

Footnotes
---------
[18]  Exihibit  No.  5,  Amnesty International, Myanmar: Human rights still
denied, November 1994, p.2.

[19]  Country Report on Human Rights Practices  for  1994,  Wahsington  DC,
Government Printing Office 1995. From the section on Burma.

[20]  Exhibit  No. 41, Human Rights Watch/Asia, Burma: Abuses linked to the
fall of Manerplaw, March 1995, p.2.

[21] Freedom House, Freedom in the World 1994-95, p. 165.

[22] Exhibit No. 29, Report on the Situation of  Human  Rights  in  Myanmar
prepared  by  the  Special  Rapporteur,  Mr Yozo Yokota, in accordance with
resolution 1994/85, E/CN.4/1995/65, 12 January 1995, p. 34.

ENDS(2.23-2.31)\