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Building bridges between Burma and



Subject: Building bridges between Burma and Asean 

Date: 21 Aug 1997 

The Nation 

Building bridges between Burma and Asean 

COMMENT/VITIT MUNTARBHORN 

The author outlines a 'Dialogue for Reconciliation' that the regional grouping 
could use to prod the junta towards progressive action. 

Burma's membership in the Association of Southeast Asian Nations (Asean) is 
now a fait accompli. However, democratic objectives in that country remain 
regrettably an unaccomplished feat. Should Asean be building bridges on that 
front and how? 

It is all too well known that Burma's recent history has been plagued by 
authoritarian rule. The results of democratic elections, which were a 
landslide victory for democratic groups, were stolen from the people by the 
military junta in 1990. It has been that way ever since. 

The situation has worsened in several directions. Many political leaders 
remain imprisoned. Although Aung San Suu Kyi, the democratic leader, has been 
released from house arrest, the current strategy of the junta is to clip her 
wings via the arrests of those close to her ­ most recently, her relatives. 

Violations of human rights, such as torture, summary executions, forced 
labour, political repression, constraints on freedom of association and 
expression, and persecution of minorities continue unabated. These are all 
well documented by the United Nations, most evidently in the annual reports of 
the UN special rapporteur with a mandate covering the country. 

Add to the above the question of the drafting of the new constitution by the 
National Convention established for this purpose. Granted that the latter was 
established by the junta, it should be obvious whether the drafting process 
represents the voice of the people or the diktat of the autocrats. 

In many ways, the tactics of the junta have become more insidious; there are 
frequent uses of various undemocratic laws to subvert the rule of law, whereas 
laws are supposed to protect the people, and due process of law, such as 
access to lawyers, an independent judiciary and basic safeguards for the 
accused, are supposed to be guaranteed. 

There is a morass of junta-friendly laws on this front. The 1950 Emergency 
Provisions Act can lead to charges for spreading false news, including jokes 
concerning the junta. By Order 2/88 of the junta, gatherings of more than five 
people are forbidden, and this has been used to arrest those attending 
meetings with Suu Kyi. Law No 5/96 of 1996 with the title ''Protecting the 
Stable, Peaceful and Systematic Transfer of State Responsibility and the 
Successful Implementation of National Convention Free from Disruption and 
Opposition" is long enough to muzzle any opposition to the drafting process of 
the junta's constitution. Those opposing the process can be imprisoned for up 
to 20 years. 

Burma's Computer Science Development Law 1996 is a perverse model for 
authoritarian regimes to follow in this era of globalisation. Far from 
''developing computer science", it inhibits this by establishing extensive 
controls on the ownership of computers and computer links. Basically, a 
government licence is needed to own a computer and to operate a computer 
network. Those deemed to be undermining national security, face 10 years 
imprisonment. 

Meanwhile, the Television and Video Act 1996 takes the same path in relation 
to videotapes. Foreign missions are required to acquire permits to show video 
tapes at ''public exhibitions", while private video operators must seek a 
licence to do so. Government censorship boards abound to screen videos, both 
local and foreign, and their permission is required before the release of the 
videos. Likewise, a government licence is needed to own a television 
transmitter. 

In this atmosphere, we are tempted to ask: is there a role for Asean as 
mediator between the junta and the democratic groups in Burma? If Asean is now 
offering its talents as a mediator for Cambodia, why is it shunning the 
Burmese issue which has, for so long, been waiting for mediation and 
remediation? 

Asean's all too well-known policy towards Burma for the past few years has 
been the constructive engagement policy of ''no see, no hear, no comment" 
towards what Asean classifies as the ''internal affairs" of Burma. This is 
irrespective of the UN classification of the Burmese situation as one of 
international concern. The Asean policy has been subject to slight variations 
in the case of humanitarian dilemmas such as the persecution of Muslim 
minorities in Burma and refugees from Burma where some comments have been made 
by Asean. 

Now that the junta and Asean are (strange) bedfellows, are there no 
possibilities for a change of heart? The process will be difficult, and it 
will depend on civil society to provide some options for the future to help 
orientate policy-makers seeking an alternative to the obsolescent constructive 
engagement policy. 

A new pro-active policy should be promoted in the whispering corridors of 
Asean or in the grand venues of their communiques and public statements. It 
could be termed a ''Dialogue for Reconciliation", encouraging the junta with 
the following components: 

lInitiate dialogue with democratic groups not later than six months from now; 

lPromote reversion to democracy based upon the results of the 1990 elections 
within the next year; 

lRelease political prisoners; 

lEnsure a broad-based process for the drafting of a new constitution; 

lEstablish a truth commission to help in the national healing process; 

lRespect human rights and fulfil the international human rights obligations 
binding on Burma, as represented by the Universal Declaration of Human Rights, 
Geneva. Conventions on rules concerning armed conflicts, Convention No 87 of 
the International Labour Organisation (ILO) on freedom of association, ILO 
Convention No 28 against forced labour, and Convention on the Rights of the 
Child; 

lReform insidious laws, particularly those mentioned above which destroy the 
rule of law; 

lEnsure the safe homecoming of those who are displaced and seek guarantees of 
safety for these persons from the junta; 

lPhase in the return of the military to the barracks. 

For too long, the people of Burma have been subjected to the yoke of misdeeds 
and misfits. To have faith in Asean means that it can and should help build 
the human bridges to overcome these misfortunes.