Burma must heed UN Charter

[gawdech@xxxxxxxxxxxx]

It is time for Asean to identify with the priciples and purposess of the UN
Charter to tell Burma to hand over the reins to the people's rightful
representatives, write
Josef Silverstein.

 The spokespersons for the military junta in Burma have built their defence
against any inquiry about human rights and democracy in Burma by citing
Article 2.7 of the UN Charter and refuse to be drawn into any debate or
discussion about what Slorc/SPDC does or does not do inside its borders.
 By seizing upon the principle-nations"shall not intervene in the domestic
jurisdiction of any state and shall not require the members to submit such
matters to settlement"-to the exclusion of all others, they distort the
Charter they pledged to honour and uphold in its totality when Burma joined
the UN in 1948and was an original signer of the Declaration of Human Rights.
 The Preamble of the UN Charter sets the tone for the rest of the document
by noting that the "peoples of the UN determined... to reaffirm faith in
fundamental human rights, in the dignity and worth of human person,in the
equal rights of men and women and nations large and   small...have resolved
to combine our efforts to accomp- lish this aims".
 The first chapter,purposes and principles,establishes as one of the
fundamental purposes of the treaty,the achievement of co-operation by all
states in solving international problems of an economic,social,cultural or
humanitarian character, and in promoting and encouraging respect of human
rights and for fundamental freedoms for all without distinction as to race
,sex, language or religion.(Article 13). This purpose is so   important
that it is repeated in Article 55,where the Charter uses the world,shall,
in ordering the UN to   promote universal respect for and observance of the
  fundamental  freedom enunciated in the article.
 Further,the Charter gives the General Assembly power to discuss any
question brought before it (Article 11.4)and authority to"initiate studies
and make recommendations for the purposes of assisting in the realisation
of human rights and fundamental freedom for all..."(Article 13.b). The
treaty also grants to the  Economic and Social Council the rights to create
commis-sions for the promotion of human rights (Article 68)
and to make studies,reports and recommendations (Article 62.2).     
 Nowhere does the Charter say that Burma is exempt or beyond the
scrutiny,inquiry or concern of the members or organs of the UN.
 Since 1989,the Commission on Human Rights(CHR),created by the Economic and
social council,has been seized by the issue of humna rights violations in
Burma;beginning in 1991,and evry year thereafter,it has issued strong
reports and called upon Slorc/SPDC to alter its behaviour and respond to
its recommendations.Because of the seriousness of the charges brought
against Burma, the Commission named three different rapporters to make
inquiries and has published their reports.Thus far,   Burma has admitted
the first two and continues to deny  entry to the third.
 The General Assembly,too,has been seized by the issue of human rights
violations in Burma and it,too has issued strong resolutions with
Slorc/SPDC members,but,thus far,his efforts have been no more successful
than those of the CHR and the Unga.The    history of the UN's concern for
human rights is clear and its members continue to look for ways to persuade
members to change and punish those who defy the world body.
Just a month ago,representatives to the world body met in Rome to create a
new international criminal court which could have jurisdiction over the
actions of states and individuals who order or are involved in flagrant or
systematic violation of human rights in a country.
 The Charter does not erect a wall around a state and exclude the UN and
its members from using their eyes,ears and voices to learn about, report
and call attention to violations of human rights anywhere in the 
world.Neither does the Charter provide for a member to select which item in
the treaty it will honour and which it will not. Burma did not take
exception to the language of the Charter when it signed the treaty and
therefore it is obligated,along with other member 
states to honour all of its provisions.
 Finally,it should be noted that regional agreements cannot  standout
against the Charter.Regional groupings are recognized by the UN
treaty.Article 52 declares that Regional groupings are proper on matters
'relation to the maintenance of international peace and security...provided
that such arrangements or agencies and activities are consistent with
purposes and principles of the UN."But Regional groupings do not supersede
or impair the rights and power of the Security Council on matters which
might lead to international friction or give rise to a dispute. Also,any
member of the UN  may bring a dispute or a situation to the attention of
the Security Council or General Assembly regardless of their location and
the existence ofa Regional grouping.           



In the light of the discussion just concluded in Manila 
between Asean members and between them and their inter-
national dialogue partners, it is clear that Burma's position is
untenable;it is unsupported by the UN Charter and it is time for Asean to
stand with the rest of the world.Last year, Malaysia's Deputy Prime
minister Anwar Ibrahim raised questions about the validity of'constructive
engagement'as proper approach to Burma and CAmbodia;this year, the Foreign
Minister
of Thailand and the Philippines spoke out more strongly along the same line.
 It is time for Asean,as a Regional grouping, to identify with the
principles and purposes of the UN Charter and make clear to its newest
member that it cannot hide either within or behind the organization of
Southeast nations;that it must end human rights violations,honour the 1990
election in Burma and transfer   power to the people's representatives.
 (Josef Silverstein is Professor of Rugers University.) 
 Bangkok Post , August,5,1998.