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Home > Main Library > The UN System and Burma/Myanmar > Main UN human rights bodies working on Burma (Myanmar) > Human Rights Council > Universal Periodic Review (UPR) > Burma/Myanmar and the Universal Periodic Review > Burma/Myanmar and the UPR: submissions to the UPR - Stakeholders' submissions

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Burma/Myanmar and the UPR: submissions to the UPR - Stakeholders' submissions

Individual Documents

Title: SUBMISSION TO THE UNITED NATIONS UNIVERSAL PERIODIC REVIEW : MYANMAR 23rd Session, November 2015
Date of publication: September 2015
Description/subject: CONTENTS:- SUMMARY... War Crimes and Crimes Against Humanity in Northern Myanmar... Targeted Abuses and Persecution against Ethnic Rohingya and other Muslim Communities... Prisoners of Conscience... The National Human Rights Framework, the Judiciary, and Impunity..... RECOMMENDATIONS..... ANNEX: Select Fortify Rights Documentation of Human Rights Abuses in Myanmar......SUMMARY: This report was originally submitted by Fortify Rights to the United Nations Office of the High Commissioner for Human Rights on March 21, 2015 for consideration in the Universal Periodic Review (UPR) of Myanmar’s human rights performance, which will take place November 9 at the U.N. Human Rights Council. Myanmar underwent its first UPR in January 2011, when the country was experiencing unprecedented political changes. Four years later, this report documents ongoing impunity and human rights abuses by the Myanmar government and armed forces, including abuses that Fortify Rights believes constitute war crimes and crimes against humanity. This report draws primarily on several hundred eyewitness and survivor testimonies collected by Fortify Rights staff since 2013 in various locations in Myanmar. In 2011, Myanmar’s delegation to the U.N. accepted recommendations to address sexual violence, end forced labor and the recruitment of child soldiers, resolve internal armed conflict, protect the rights of minorities, and accede to and implement core human rights treaties, among others. In his inaugural address two months later, President Thein Sein committed to safeguarding human rights, strengthening the judiciary, and reforming undemocratic laws. Since the 2011 UPR process, the government of Myanmar has failed to satisfy its commitments and the human rights situation in the country remains dire. This report documents extrajudicial killings, forced labor, human shielding, torture, and other abuses by the Myanmar Army in Kachin and northern Shan states. It also documents targeted abuses and persecution against Rohingya and other Muslims in Rakhine State, including state-sponsored pogroms, widespread and systematic forced labor, avoidable deprivations in humanitarian aid, and restrictions on movement, marriage, childbirth, home repairs and construction of houses of worship, and other aspects of everyday life of the Rohingya. This report also includes information about prisoners of conscience, and documents shortcomings in the judiciary and national human rights framework, including the existence of several laws that conflict with international human rights standards or are used by Myanmar authorities to impermissibly restrict or violate human rights. Lastly, this report makes a number of detailed recommendations for the government of Myanmar to promote, protect, and fulfil human rights. The government of Myanmar should make clear commitments at the Human Rights Council and take concrete actions to end and remedy these and other ongoing abuses.
Language: English
Source/publisher: Fortify Rights
Format/size: pdf (1.9MB-reduced version; 3.4MB-original)
Alternate URLs: http://www.fortifyrights.org/downloads/FR_UPR%20Submission_September_2015.pdf
Date of entry/update: 28 October 2015


Title: Summary of Stakeholders' reports to the UPR - Myanmar
Date of publication: 18 October 2010
Description/subject: Human Rights Council Working Group on the Universal Periodic Review Tenth session Geneva, 24 January – 4 February 2011.....Summary prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (c) of the annex to Human Rights Council resolution 5/1.....The present report is a summary of 24 stakeholders’ submissions1 to the universal periodic review. It follows the structure of the general guidelines adopted by the Human Rights Council. It does not contain any opinions, views or suggestions on the part of the Office of the United Nations High Commissioner for Human Rights (OHCHR), nor any judgement or determination in relation to specific claims. The information included herein has been systematically referenced in endnotes and, to the extent possible, the original texts have not been altered. Lack of information or focus on specific issues may be due to the absence of submissions by stakeholders regarding these particular issues. The full texts of all submissions received are available on the OHCHR website. The report has been prepared taking into consideration the four-year periodicity of the first cycle of the review.
Language: English (Also available in Arabic, Chinese, French, Russian and Spanish)
Source/publisher: United Nations (A/HRC/WG.6/10/MMR/3)
Format/size: pdf (181K - English; 191K - Arabic; 121K - French; 633K - Chinese; 241K - Russian; 184K - Spanish)
Alternate URLs: http://www.burmalibrary.org/docs09/UPR2011-Myanmar_Stakeholders_summary(ar).pdf
http://www.burmalibrary.org/docs09/UPR2011-Myanmar_Stakeholders_summary(fr).pdf
http://www.burmalibrary.org/docs09/UPR2011-Myanmar_Stakeholders_summary(ch).pdf
http://www.burmalibrary.org/docs09/UPR2011-Myanmar_Stakeholders_summary(ru).pdf
http://www.burmalibrary.org/docs09/UPR2011-Myanmar_Stakeholders_summary(sp).pdf
Date of entry/update: 16 December 2010


Title: ARTICLE 19: Submission to the UN Universal Periodic Review (Union of Myanmar)
Date of publication: 13 August 2010
Description/subject: Executive summary: "ARTICLE 19 is aware of the magnitude of human rights violations in Myanmar. Given our expertise and scope of activities, this submission focuses on Myanmar’s compliance with its international human rights obligations in protecting the right to freedom of expression and right to freedom of information. In particular the major issues of concern are: • Failure of the legal framework to guarantee the right to freedom of expression and the right to freedom of information • Absence of freedom of expression in electoral processes; • Censorship of the media and detention, arbitrary arrests and harassment of journalists and media workers; • Prosecution and imprisonment of Aung San Suu Kyi and others exercising the right to freedom of expression; • Complete control and censorship of the internet. These concerns are outlined in a greater detail below..."
Language: English
Source/publisher: Article 19 - Global Campaign for Free Expression
Format/size: pdf (129K)
Date of entry/update: 02 September 2010


Title: FIDH/ALTSEAN-Burma: Universal Periodic Review: Joint submission on Myanmar
Date of publication: 09 July 2010
Description/subject: "The Alternative Asean Network on Burma (ALTSEAN-Burma) and the International Federation for Human Rights (FIDH) submission focuses on the Myanmar military regime’s use of forced labor, the forced recruitment of child soldiers, the forced displacement of civilian populations, and rape and sexual violence committed by members of the Tatmadaw (Armed Forces). These widespread and systematic abuses amounting to crimes against humanity and war crimes, as defined by Article 7 and 8 of the Rome Statute, have been documented by numerous UN mechanisms and Rapporteurs. 2. In May 2008, Myanmar' s ruling junta, the State Peace and Development Council (SPDC) adopted the country’s new Constitution. The drafting and approval of this document was the culmination of a highly controlled and undemocratic process that stretched over 15 years. The Constitution will come into force when the newly elected members of Parliament will convene following the planned 2010 general elections, the first in 20 years. 3. With the current Constitution, the SPDC ensured its own protection for prior crimes. The Article 445 of the Constitution provides that no legal action can be taken against SPDC members who officially carried out their duties “according to their responsibilities.” The Charter effectively provides the SPDC with blanket immunity for the gross violations of human rights, including crimes against humanity and war crimes that it has committed over the past decades. 4. In March 2009, the UN Special Rapporteur on the situation of human rights in Myanmar Professor Tomás Ojea Quintana stated that the ongoing human rights abuses in the country were “the result of a state policy.” Due to the junta’s lack of accountability for those abuses, the Special Rapporteur made the unprecedented recommendation that the UN consider establishing a Commission of Inquiry into war crimes and crimes against humanity committed by the SPDC, a requests that ALTSEAN-Burma and FIDH fully support..."
Language: English
Source/publisher: ALTSEAN-Burma, FIDH
Format/size: pdf (155K)
Alternate URLs: http://www.burmalibrary.org/docs09/ALTSEAN-UPR_Submission_on_Burma.pdf
Date of entry/update: 02 September 2010


Title: Amnesty International: Myanmar: Submission to the UN Universal Periodic Review Tenth session of the UPR Working Group of the Human Rights Council January 2011
Date of publication: 05 July 2010
Description/subject: Executive summary: "In this submission, Amnesty International provides information under sections B, C and D as stipulated in the General Guidelines for the Preparation of Information under the Universal Periodic Review:1 · Under section B, Amnesty International raises concerns about the 2008 Constitution, the 2010 Electoral Laws and the criminalisation of peaceful dissent by security laws. · Section C highlights Amnesty International’s concerns about human rights violations in the context of: political imprisonment, conditions in detention, the anti-government protests of August and September 2007, the May 2008 constitutional referendum, the mass sentencing of peaceful political activists in late 2008, the repression of ethnic minority political activists, the 2010 elections, Cyclone Nargis, crimes against humanity, armed conflict and displacement. · In section D, Amnesty International makes a number of recommendations for action by the government to address the areas of concern."
Language: English
Source/publisher: Amnesty International (ASA 16/008/2010)
Format/size: pdf (145K)
Date of entry/update: 02 September 2010


Title: Burma Forum on Universal Periodic Review (BF-UPR): Joint Submission
Date of publication: 05 July 2010
Description/subject: Executive Summary: "Burma’s human rights record is characterized by a pervasive culture of impunity, enabling the State Peace and Development Council (SPDC) to violate a host of civil, political, economic, social and cultural rights. After nearly 50 years of successive military rule, there is a lack of adherence to human rights principles and a lack of rule of law and judicial independence, which has led to the creation of policies and measures by State authorities that are at complete odds with international human rights standards. There are no statutory or constitutional bodies to promote and protect human rights. Formal and informal human rights education is strictly repressed. Independent civil society organizations (CSOs) who promote human rights and document rights abuses inside the country are harassed by the State, and individuals subject to arrest. As a result, hundreds of CSOs are operating in exile, implementing training programs, publishing reports, and lobbying the international community and media, while working alongside those who are inside Burma..."
Language: English
Source/publisher: Burma Forum on Universal Periodic Review (BF-UPR)
Format/size: pdf (117K)
Date of entry/update: 02 September 2010


Title: International PEN/Index on Censorship: Joint Submission to the Universal Periodic Review Mechanism on the Union of Myanmar
Date of publication: 05 July 2010
Description/subject: "International PEN and Index on Censorship welcome the opportunity provided by the Office of the High Commissioner on Human Rights to comment on the human rights situation in the Union of Myanmar, about which it has had serious concerns for a number of years. This document provides an overview of the current situation of writers and journalists, and focuses on long term imprisonment and legislation used to suppress freedom of expression and other basic rights..."
Language: English
Source/publisher: International PEN, Index,on Censorship
Format/size: pdf (105K)
Date of entry/update: 08 September 2010


Title: Jubilee Campaign: Universal Periodic Review Burma
Date of publication: 05 July 2010
Description/subject: "...despite provisions of the Constitution indicating otherwise, in reality, there is no guarantee of religious freedom for minority religions in Burma, other than Theravada Buddhism, the majority religion... As the 2010 parliamentary election ... in Burma approaches, it is reported that the junta’s attacks and restrictions will be intensified and strengthened, especially in the Karen state and Chin state, where the majority of citizens are Christians. Many Karen and Chin Christians belong to the Karen National Union and the Chin National Front, armed resistance groups that demand freedom and autonomy for their states. Because these Christian minority groups raise their voices for freedom and demand a fair and free election, the junta sees them as a threat to the existence of its regime and consequently is using more excessive force to suppress them... The United States Commission on International Religious Freedom notes that the regime “has one of the world’s worst human rights records.”Burmese government authorities destroy Christian churches and attack pastors and church-members without legitimate reasons. For example, in January 2009, churches in the Rangoon area were ordered to stop holding services and pastors were forced to sign documents promising to cease worship services. Furthermore, the regime restricts proselytizing, evangelizing, and importing or printing religious literature including the Bible and the Qur’an. Many religious materials are under censorship. The government also requires Christians and Muslims to request permission for and report religious gatherings or worship services two to three months in advance so they can be monitored by the government... Rohingya Muslims in Rakhine State are not eligible for government-issued National Registration Cards (NRCs), which denies them access to education in state-run schools. As an effort to promote freedom through citizenship, UNHCR is working with the local authorities on the issuance of Temporary Registration Cards (TRCs) to Muslim residents of Rakhine State..."
Language: English
Source/publisher: Submission of Jubilee Campaign USA, Inc.
Format/size: pdf (205K)
Date of entry/update: 12 September 2010


Title: The Arakan Project: Submission to the UN Universal Periodic Review [Myanmar]
Date of publication: 05 July 2010
Description/subject: " The Arakan Project raises concern over Myanmar’s non-compliance with its international human rights obligations with regard to the Rohingya population in North Rakhine State and, in particular, the 1982 Citizenship Law which deprives the Rohingya of their rights to citizenship, legitimising discrimination and arbitrary treatment against them such as restriction on movement, on marriage and pregnancy, arbitrary detention, forced labour, and denial of socio-economic rights..."
Language: English
Source/publisher: The Arakan Project
Format/size: pdf (127K)
Date of entry/update: 29 September 2010


Title: The Becket Fund for Religious Liberty : Submission on Burma/Myanmar: to the Universal Periodic Review
Date of publication: 05 July 2010
Description/subject: "...The population of Myanmar is overwhelmingly Buddhist (89%); the remainder of the society is roughly 4% Christian, 4% Muslim, and 1% Animist. Because the SPDC perceives religious minorities as threats to its power, it restricts their freedom of expression and association, among other abuses. The SPDC controls all media, including religious publications and sermons..."
Language: English
Source/publisher: Becket Fund for Religious Liberty
Format/size: pdf (201K)
Date of entry/update: 21 December 2010


Title: International Center for Transitional Justice (ICTJ): MYANMAR Submission to the Universal Periodic Review of the UN Human Rights Council
Date of publication: 02 July 2010
Description/subject: "...Serious human rights violations have occurred throughout Myanmar during the current regime’s rule, but are most severe in rural ethnic areas. They are directly related to the military’s attacks on the people it sees as supporting armed opposition. Because Burmese authorities handle cases of sexual violence—including rape—in an ad hoc way, official numbers are unavailable. Burmese women’s organizations have documented 875 cases of rape from 1988 to 2006; they believe this is a mere fraction of the total number because of the difficulty in accessing communities under SPDC control and the fear and stigma that keeps women and girls from reporting rape. The scale of reported violations and the associated tolerance and impunity for them indicates the SPDC’s acceptance of sexual violence as a legitimate part of the strategy to intimidate people in areas of armed conflict or potential resistance and to punish communities for appearing to support the government’s opposition. These policies directly breach articles 2 and 5 of CEDAW. 6. Forced labor and child soldiering are also associated with areas of continuing armed conflict. The military has grown from 180,000 soldiers in 1988 to an estimated 300,000 in 2007. This expansion has forced commanders to rely on local communities to supply labor for building infrastructure and for portering. The pressure to fill recruitment quotas has led to a situation in which the Myanmar regime’s armed forces constitute the only army in Asia to continue recruiting child soldiers, numbering in the thousands, if not tens of thousands. The number of cases of forced labor is likely to be at least that high. These practices are in contravention of Myanmar’s obligations under the Forced Labor Convention and under Article 38 of CRC. In addition, customary international law has criminalized the recruitment and use of child soldiers at least since 1996.
Language: English
Source/publisher: International Center for Transitional Justice (ICTJ)
Format/size: pdf (62K)
Date of entry/update: 02 September 2010


Title: Human Rights Watch: Universal Periodic Review Submission: Myanmar (Burma)
Date of publication: 01 July 2010
Description/subject: Summary: "For more than two decades, Burma's military government, the State Peace and Development Council (SPDC), has demonstrated scant respect for the fundamental human rights of the Burmese people. Widespread and systematic violations of international human rights and humanitarian law continue throughout the country, especially in ethnic minority areas along Burma's borders. The 2008 Constitution and an election scheduled for this year will likely do little to alter the military's continued political dominance, albeit in ostensibly civilian guise, and a repressive state apparatus that will not change significantly. The culture of impunity in Burma for government officials and military personnel for serious abuses is supported by a judicial system that is neither impartial nor independent. There has been little if any accountability for serious crimes committed by government security forces, including routine use of forced labor, sexual violence against women and girls, recruitment and use of child soldiers, extrajudicial killings of civilians in conflict areas and other violations of international humanitarian law. Some non-state armed groups have also been implicated in serious abuses, including forced labor and the use of child soldiers. There are systematic restrictions on basic freedoms in Burma, including on the rights to freedom of expression, peaceful assembly, and association. For example, despite Burma having ratified International Labor Organization (ILO) Convention No. 87 on freedom of association, the SPDC continues to refuse to register independent trade unions in the country. The government of Burma currently incarcerates more than 2,100 political prisoners including political activists, journalists, trade unionists and labor rights advocates, artists and vocal opponents of the SPDC. Many of these prisoners have received harsh sentences - including up to 65 years in prison - on trumped up criminal charges that seek to curtail peaceful political dissent and free expression. Conditions in Burmese prisons do not meet international standards: prisoners are not given adequate health care, face routine ill-treatment and at times torture, and may be transferred to remote facilities in the hinterlands that make visits by family members and UN officials difficult. The government has not granted the International Committee of the Red Cross (ICRC) access to Burmese prisons in accordance with the ICRC's standard procedures since 2006."
Language: English
Source/publisher: Human Rights Watch
Format/size: html
Date of entry/update: 02 September 2010


Title: Australian Council for International Development: Submission to the Universal Periodic Review of Myanmar — July 2010
Date of publication: July 2010
Description/subject: MYANMAR’S LEGAL AND INSTITUTIONAL FRAMEWORK IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS...IMPLEMENTATION AND EFFICIENCY OF LEGAL AND INSTITUTIONAL FRAMEWORK...COOPERATION WITH HUMAN RIGHTS MECHANISMS AND STAKEHOLDERS...IDENTIFICATION OF ACHIEVEMENTS, BEST PRACTICES, CHALLENGES AND CONSTRAINTS...KEY NATIONAL PRIORITY, INITIATIVES AND COMMITMENT TO OVERCOME THE CHALLENGE...EXPECTATION IN TERMS OF CAPACITY BUILDING AND TECHNICAL ASSISTANCE
Language: English
Source/publisher: Australian Council for International Development (ACFID)
Format/size: pdf (154K)
Date of entry/update: 21 December 2010


Title: Burma Campaign Australia: Joint Submission to the Universal Periodic Review on Burma (Myanmar):
Date of publication: July 2010
Description/subject: 1. This paper was drafted in consultation with and is jointly submitted by Burma Campaign Australia (a national network comprising of Democracy for Burma Action Group, Australia Burma Network, Canberra Network for Democracy in Burma, Burma Solidarity Group and Burma Campaign Sydney), Union Aid Abroad APHEDA, Burma Economic Watch (Macquarie University), Australian Karen Organisation, Burmese Rohingya Community in Australia, the Burma Office (Australia) and the Australian Council of Trade Unions....."...The Burmese military junta, the State Peace and Development Council (SPDC), continues to systematically violate human rights in Burma and using Burma’s national laws in this process. Abuses have been extensively documented by a succession of the UN Special Rapporteur on the situation of human rights in Burma/Myanmar1, including the current Rapporteur Tomas Ojea Quintana. Many domestic laws are used by the SPDC to suppress the population, whilst others deny citizens of Burma their basic human rights. 3. Suppressive domestic laws that violate human rights in Burma include:...".....Undated. July 2010 used as default date.
Language: English
Source/publisher: Burma Campaign Australia
Format/size: pdf (86K)
Date of entry/update: 21 December 2010


Title: Chin Human Rights Organization: Burma/Myanmar Individual Submission to the UN Universal Periodic Review, July 2010 Tenth Session of the UPR Working Group of the Human Rights Council, January 2011
Date of publication: July 2010
Description/subject: Under Section B, CHRO highlights Burma/Myanmar’s obligations under international law and human rights instruments, and articles of the 2008 Constitution that contradict those obligations. • Section C focuses on the widespread and systematic nature of human rights violations perpetrated by the Burma/Myanmar army in Chin State documented by CHRO. CHRO is particularly concerned about forced labour, land confiscation, the lack of access to humanitarian services and the denial of religious freedom for the Chin people. The Chin are facing forced assimilation and denial of their collective rights as indigenous peoples, and are fleeing their traditional homeland in large numbers. • In Section D, CHRO makes a number of recommendations for action by the SPDC to improve the human rights situation in Burma/Myanmar, with a particular focus on Chin State.
Language: English
Source/publisher: Chin Human Rights Organization
Format/size: pdf (94K)
Date of entry/update: 02 September 2010


Title: EarthRights International: Universal Periodic Review – Myanmar (Burma) Submission to the Office of the High Commissioner for Human Rights – July 2010
Date of publication: July 2010
Description/subject: "This submission focuses on the human rights abuses that have occurred over the past four years in relation to oil and natural gas development projects in Myanmar, which is under the rule of a military regime known as the State Peace and Development Council (SPDC). Since the early 1990s, the areas around such development projects have been heavily militarized in order to protect the projects and the interests of the companies who finance them. As MAF soldiers flood the area, the local villagers are subjected to severe human rights abuses, including incidences of extrajudicial killings, forced labor, violations of freedom of movement, and land confiscations. As ERI and others have documented, this pattern of abuse has continued over the last four years. Although not the primary focus of this submission, similar abuses have occurred in relation to other development projects in Myanmar as well, such as mines and dams."
Language: English
Source/publisher: EarthRights International
Format/size: pdf (51K)
Date of entry/update: 02 September 2010


Title: EarthRights International: Universal Periodic Review – Myanmar (Burma) Submission to the Office of the High Commissioner for Human Rights – July 2010 - Annex 1
Date of publication: July 2010
Description/subject: Reports by EarthRights International regarding oil and gas projects in Myanmar [these reports included as Annexes 2, 3 and 4]
Language: English
Source/publisher: EarthRights International
Format/size: pdf (19K)
Date of entry/update: 21 December 2010


Title: EarthRights International: Universal Periodic Review – Myanmar (Burma) Submission to the Office of the High Commissioner for Human Rights – July 2010 - Annex 2
Date of publication: July 2010
Description/subject: ENERGY INSECURITY: How Total, Chevron, and PTTEP Contribute to Human Rights Violations, Financial Secrecy, and Nuclear Proliferation in Burma (Myanmar)... A Report by EarthRights International, July 2010
Language: English
Source/publisher: EarthRights International
Format/size: pdf (958K)
Date of entry/update: 21 December 2010


Title: EarthRights International: Universal Periodic Review – Myanmar (Burma) Submission to the Office of the High Commissioner for Human Rights – July 2010 - Annex 3
Date of publication: July 2010
Description/subject: "The Human Cost of Energy: Chevron’s Continuing Role in Financing Oppression and Profiting From Human Rights Abuses in Military-Ruled Burma (Myanmar)".....TABLE OF CONTENTS: Introduction... Executive Summary and Recommendations;... 1. Stepping Into Unocal’s Shoes - Chevron’s partnership with a repressive regime in the Yadana Project... 2. Financing Oppression - The Yadana Project’s continuing contributions to the military regime... 3. With Eyes Wide Open - Chevron’s knowledge of the abuses on the Yadana Project... 4. The Persistence of Abuse - Continuation of forced labor and other abuses in recent years... 5. No Smiling Faces - Conditions of life in the region... 6. Sitting Idly By - Chevron’s silence during the 2007 demonstrations and crackdown... 7. No Safe Harbor - Chevron’s continuing legal liability after the Unocal settlement... Appendix A: Another Yadana: The Shwe Gas Project... Appendix B: China in Burma... Endnotes.....Original date of publication, 28 April 2008; Date of submission to UPR, July 2010
Language: English
Source/publisher: EarthRights International
Format/size: pdf (2.2MB)
Date of entry/update: 21 December 2010


Title: EarthRights International: Universal Periodic Review – Myanmar (Burma) Submission to the Office of the High Commissioner for Human Rights – July 2010 - Annex 4
Date of publication: July 2010
Description/subject: "TOTAL IMPACT: The Human Rights, Environmental, and Financial Impacts ofTotal and Chevron's Yadana Gas Project in Military-Ruled Burma (Myanmar)"...EXECUTIVE SUMMARY: "Two western oil companies are currently partnered with the Burmese military regime in a remote corner of southern Burma (Myanmar) on one of the world's most controversial development projects: The Yadana Gas Project by the France-based Total and the US-based Chevron. Yadana, which means "treasure" in Burmese, is a large-scale project that transports natural gas from the Andaman Sea across Burma's Tenasserim region to Thailand, where it generates electricity for the Bangkok metropolitan area. The gas is transported through an overland pipeline that passes through the dense jungle and rugged terrain of a secluded and environmentally sensitive ethnic area in southeast Burma. From the project's beginning, the Burma Army has been tasked with providing security for the companies and the pipeline and has committed widespread and systematic human rights abuses against local people. EarthRights International (ERI) has been documenting human rights abuses related to the Yadana Project since 1994, and new evidence collected through 2009 attests to the on-going violent abuses committed by the Burma Army providing security for the companies and the project. Abuses include extrajudicial killings, torture, and other forms of ill-treatment; widespread and systematic forced labor; and violations of the rights to freedom of movement and property. Based on new and original evidence, this report further documents the Burma Army's role in the construction phase of the Yadana Project as well as its continuing connection to the companies and the pipeline. Rather than acknowledge its inherent and close relationship with Burma's armed forces, Total has traditionally denied the connections between its company and the Burma Army in its project area, raising important ethical questions about the company's willingness to misrepresent its material risks to investors and shareholders. In addition to the localized human rights impacts in the pipeline region, the Yadana Project has been a significant factor in keeping the Burmese military regime financially solvent. This report documents for the first time the aggregate revenue generated by the Yadana Project for the ruling SPDC, from 2000 to 2008. Rather than contribute to Burma's economic development, the billion dollar revenues from the project have instead contributed to high-level corruption: the revenue is not accounted for in Burma's national budget and according to reliable sources it is stored in two offshore banks in Singapore. Moreover, there are apparent correlations between the SPDC's increasing financial wherewithal and its overall authoritarian behavior. While the severity and seriousness of the human rights and financial impacts of the Yadana Project are logical focal points of concern, the environmental impacts of the project cannot be discounted. This report presents information that details serious problems with Total's Environmental Impact Assessment (EIA), a document which ERI obtained through US courts and which is now part of the public record; details of which are published here for the first time. Villagers in the pipeline corridor also report ongoing adverse impacts associated with an ill-conceived environmental protection group established and supported by Total in the pipeline corridor. Rather than acknowledge or attempt to mitigate these and other known impacts of the Yadana Project, Total CEO Christophe de Margerie has publicly told critics to "go to hell" and instead focused resources on public relations, including claims that the Yadana gas has made neighboring Bangkok a cleaner city. Total has also systematically whitewashed their complicity in abuses and authoritarianism in Burma in three key ways: first, and most directly, Total has commissioned a number of impact assessments by the US-based CDA Collaborative Learning Projects (CDA), which the corporations tout as evidence that the Yadana Project hurts no one and benefits many. These impact assessments and their fundamental flaws are the subject ofthe ERI report Getting it Wrong(2009). Second, the companies repeatedly misuse both these impact assessments and third-party reports and statements, asserting that others support their claims that there are no abuses in the pipeline area. Third, the companies promote their local "socio-economic" program and declare that it provides economic, educational, and health benefits to every person in the pipeline corridor. While many of the companies' socio-economic efforts might be desirable in theory, local villagers argue that these programs have not worked the way the companies claim they do, if at all. Moreover, ERI has found that the true effectiveness of these local projects have never been independently or fully examined and verified; and regardless of the effectiveness of these programs, they do not exonerate the companies from accountability for complicity in human rights violations and they do not erase the deeper national impacts connected to the revenue stream from the Yadana Project to the SPDC. Total and Chevron's impacts in Burma are profound. ERI makes several specific demands of the companies and calls on the corporate and investment community and policymakers to seriously consider the ethics of Total and Chevron's operations in Burma, and to heed the recommendations included at the end of this report." .....Original date of publication, September 2009. Date of submission to UPR, July 2010
Language: English
Source/publisher: EarthRights International
Format/size: pdf (3MB)
Date of entry/update: 21 December 2010


Title: European Centre for Law and Justice. Submission on Myanmar to the Universal Periodic Review
Date of publication: July 2010
Description/subject: RELIGIOUS FREEDOM IN THE UNION OF MYANMAR (BURMA): "In a country with a population consisting of eighty-nine percent Buddhists and only eight percent Christians or Muslims,1 Myanmar continues to persecute religious and tribal minorities despite the United Nations’ Human Rights Council’s intervention. The military regime has reportedly scheduled an election in 2010 which will likely be a sham election since the candidate for the primary opposition party is not permitted to run and the military regime has set up front parties.2 Christians within the country have little hope that the persecution will cease. Christians are losing their lives, their homes, and their faith...".....Undated. July 2010 used as default date
Language: English
Source/publisher: European Centre for Law and Justice
Format/size: pdf (41K)
Date of entry/update: 21 December 2010


Title: European Centre for Law and Justice. Submission on Myanmar to the Universal Periodic Review - Annex
Date of publication: July 2010
Description/subject: RELIGIOUS FREEDOM IN THE UNION OF MYANMAR - APPENDIX... SECTION 2: A. Persecution against Christians... [Section B does not exist]... C. Other Minority Religious Discrimination.....Undated. July 2010 used as default date
Language: English
Source/publisher: European Centre for Law and Justice
Format/size: pdf (40K)
Date of entry/update: 21 December 2010


Title: INDIG: Burma - Restoring Dignity Through Recognizing Basic Rights for All - Submission to the UPR
Date of publication: July 2010
Description/subject: "The governments of Thailand and Indonesia selected two outstanding representatives of independent individuals. We encourage Myanmar to follow a similar pattern and to receive nominations from civil society for this important post in the ASEAN Intergovernmental Commission on Human Rights...."Violence against women and rape as a weapon..."...."The role of transnational corporations in Myanmar has created many adverse conditions impacting indigenous communities...".....Undated. July 2010 used as default date.
Language: English
Source/publisher: INDIG
Format/size: pdf (68K)
Date of entry/update: 21 December 2010


Title: International Campaign to Ban Landmines: Myanmar - Submission to the UN Universal Periodic Review
Date of publication: July 2010
Description/subject: Summary: "Landmine Monitor has documented credible reports of the Myanmar military forcing civilians to remove antipersonnel mines from the ground, without training or protective equipment, and forcing civilians to carry equipment for the military in areas where the danger of antipersonnel mines exists—on some occasions using civilians as human minesweepers. Such activities constitute a threat to the right to life, liberty and security of person as stipulated in Article 3 of the UDHR. The ICBL has consistently encouraged the authorities in Myanmar to end such practices, to halt the military’s extensive use of antipersonnel landmines, and to accede to the Mine Ban Treaty.".....SEE APPENDIX
Language: English
Source/publisher: International Campaign to Ban Landmines
Format/size: pdf (33K - Text; 51K - Annex)
Alternate URLs: http://www.burmalibrary.org/docs09/ICBL_InternationalCampaigntoBanLandmines_Annex1_eng.pdf
Date of entry/update: 21 December 2010


Title: International Campaign to Ban Landmines: Myanmar - Submission to the UN Universal Periodic Review - Annex
Date of publication: July 2010
Description/subject: "This appendix demonstrates a pattern of abuse spanning more than a decade. It contains specific information on instances of forced labor mine clearance that have been documented in annual Landmine Monitor reports from 1999 to 2008..."
Language: English
Source/publisher: International Campaign to Ban Landmines (ICBL)
Format/size: pdf (51K)
Date of entry/update: 21 December 2010


Title: Joint Submission by ARC International, ILGA International and ILGA Europe in the UPR review of Myanmar
Date of publication: July 2010
Description/subject: Recommendation: "We therefore recommend that the Human Rights Council, in its upcoming UPR review, urge Myanmar to bring its legislation into conformity with its commitment to equality and non‐discrimination, and its international human rights obligations, by repealing all provisions which may be applied to criminalise sexual activity between consenting adults of the same sex.".....Undated. July 2010 used as default date
Language: English
Source/publisher: ARC International, ILGA International, ILGA‐Europe
Format/size: pdf (175K)
Date of entry/update: 21 December 2010


Title: Unrepresented Nations and People's Organization (UNPO): Myanmar - Submission to the UPR
Date of publication: July 2010
Description/subject: Key words: 2008 Constitution, crimes against humanity, war crimes, collective punishment, enforced disappearances, Internally Displaced Persons (IDPs), forced labour, child soldiers, disenfranchisement, freedom of expression, peaceful assembly and/ or association, religious freedom, cultural and linguistic rights, land seizure, environmental degradation......Undated. July 2010 used as default date
Language: English
Source/publisher: Unrepresented Nations and People's Organization (UNPO)
Format/size: pdf (55K)
Date of entry/update: 21 December 2010


Title: Freedom Now: Individual Submission to the Universal Periodic Review (Burma/Myanmar)
Date of publication: 30 June 2010
Description/subject: "...Complementing other submissions that examine the broader picture of Burma’s human rights abuses, this submission highlights the junta’s ongoing detention and inhumane treatment of the emblematic case of Daw Aung San Suu Kyi, General Secretary of the National League for Democracy (NLD). The military junta has detained Ms. Suu Kyi under house arrest for some 15 of the past 21 years. In 2006, Freedom Now was retained to serve as international counsel to Ms. Suu Kyi by a member of her family..."
Language: English
Source/publisher: Freedom Now
Format/size: pdf (200K)
Date of entry/update: 08 September 2010


Title: Asian Legal Resource Centre: Submission by the Asian Legal Resource Centre to the Human Rights Council’s Universal Periodic Review concerning human rights and rule of law in Myanmar
Date of publication: 20 June 2010
Description/subject: SUMMARY: "This submission, pursuant to Human Rights Council resolution 5/1, which provides for civil society to participate in the Universal Periodic Review process of United Nations Member States’ human rights obligations and commitments, concentrates on the features of legal, judicial and policing frameworks that enable the un-rule of law in Myanmar. The country lacks a normative framework to protect human rights under article 5 and articles 8 through 13 of the Universal Declaration of Human Rights. It lacks an independent and impartial judiciary. Its police force is militarized. Gross human rights abuse is systemic. Avenues for redress as envisaged in international standards are absent. Two major obstacles to implementation of human rights are the State’s perception that the rule of law is a function of the executive and therefore that the role of the judiciary is to enforce policy rather than law; and, the accompanying systemic corruption in all parts of the State apparatus, especially in the judiciary and police. The Council should consider how it can work better within the United Nations system to apprise itself of the un-rule of law in Myanmar, and coordinate its activities with other parts of the system with a view towards substantive political change in the country, which must pre-empt any substantive change in the normative and institutional frameworks through which to implement human rights"..... Key Words: Rule of law, judiciary, police, arbitrary arrest, arbitrary detention, torture, deaths in custody, trial, redress, corruption
Language: English
Source/publisher: Asian Legal Resource Centre (ALRC-UPR-10-001-2010)
Format/size: pdf (77K)
Date of entry/update: 02 September 2010


Title: Reporters Without Borders: Contribution to the UPR on press freedom in Myanmar/Burma
Date of publication: 14 June 2010
Description/subject: Introduction: Overview of press freedom situation: "The army, which has been in power since 1962, uses repression and propaganda to gag the pro-democracy movement and civil society, of which journalists are often in the vanguard. A paradise for censors, Burma is one of the very few countries where all publications are subjected to prior censorship. After China, it is the Asia’s largest prison for journalists and bloggers. At least 12 journalists and two netizens are currently imprisoned in Burma, some of them serving jail terms of more than 20 years. The head of the military junta, General Than Shwe, is in charge of the special police force responsible for the repression. Its targets have included the owners of video cameras who were suspected of filming the crackdown on the protests by monks in 2007 and then sending their footage abroad. And those who shot video footage exposing governmental negligence after Cyclone Nargis in 2008. As shown in the documentary film Burma VJ, working as a clandestine reporter for Democratic Voice of Burma or other Burmese exile media continues to be very dangerous. The exile media play a vital role in informing the Burmese people because Burma’s two television and radio channels and the daily newspapers are under the military junta’s direct control. Mizzima and Irrawaddy, two of the most popular online exile media, were again the target of cyber-attacks in 2009. The privately-owned press is subject to military censorship. An average of one third of a privately-owned magazine’s content is removed by the censors. The military censorship bureau, called the Press Scrutiny Board, said in a 2008 message to Burmese media that the “the publication of any photo, sketch, painting, article, novel or poem without being sent [in advance to the censor] will be punished”. Failure to comply can lead to sanctions ranging from seizure of the publication to imprisonment for the editors..."
Language: English
Source/publisher: Reporters Without Borders
Format/size: pdf (26K)
Date of entry/update: 02 September 2010


Title: Christian Solidarity Worldwide – Stakeholder Submission MYANMAR (Universal Periodic Review, 10th Session)
Date of publication: June 2010
Description/subject: "...Severe restrictions on access to parts of the country, and severe restrictions on freedom of information, expression and association, make it very difficult to obtain accurate statistics and information. Nevertheless, first-hand testimonies obtained by CSW through interviews with refugees, internally displaced peoples, former political prisoners and Myanmar army defectors; conducted on the Thailand-Myanmar border, inside the conflict zones of eastern Myanmar, inside Kachin State in northern Myanmar close to the border with China, on the India-Myanmar border and the Bangladesh-Myanmar border; conducted inside Myanmar’s cities, particularly Yangon, and with Burmese and ethnic civil society groups inside the country and along its borders; and in consultation with many other international NGOs, have led CSW to the conclusion that these violations, which are widespread and systematic, amount to war crimes and crimes against humanity. ...In light of Myanmar’s obligations under international law to observe, respect and protect human rights, particularly the rights of women and children, this submission focuses on the grave violations perpetrated by the ruling military regime, the State Peace and Development Council (SPDC), and the military, known as the Tatmadaw. CSW notes that the UN Special Rapporteur on the Situation of Human Rights in Myanmar recently concluded that the violations occurring in Myanmar may amount to crimes against humanity and war crimes, and has recommended that the UN should consider establishing a Commission of Inquiry to conduct an investigation..."
Language: English
Source/publisher: Christian Solidarity Worldwide
Format/size: pdf (140K)
Date of entry/update: 12 September 2010