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BURMA HUMAN RIGHTS REPORTS #23 (PAR
Subject: BURMA HUMAN RIGHTS REPORTS #23 (PART 1 OF 3)
/* posted 8 Nov 6:00am 1995 by DRUNOO@xxxxxxxxxxxx in igc:reg.burma */
/* --------------" HRSUB: Dept. of Foreign Affairs "----------------- */
[Subject: To inquire into and report on the human rights situation
and lack of progress towards democracy in Myanmar(Burma) by the
Human Rights Sub-Committee of the parliament of Australia.
Submissions made to this enquiry by various people and
organisations are re-posted here.-- U Ne Oo]
# SUBMISSION NO. 23.
DEPARTMENT OF FOREIGN AFFAIRS, DEFENCE AND TRADE, AUSTRALIA
-----------------------------------------------------------
Part 1 of 3.
------------
SENATOR THE HON GARETH EVANS QC
MINISTER FOR FOREIGN AFFAIRS
LEADER OF THE GOVERNEMNT IN THE SENATE
PARLIAMENT HOUSE
CANBERRA ACT 2600
Senator Stephen Loosley
Chair
Human Rights Sub-Committee
Joint Standing Committee on Foreign Affairs
Defence and Trade
Dear Stephen
I am pleased to provide my Department's contribution to your
Sub-Committee's enquiry into the human rights situation and lack of
progress towards democracy in Myanmar.
I look forward to receiving a copy of your report when your enquiry
has been finalised.
Yours sincerely
Signed. GARETH EVANS.
****
JOINT COMMITTEE ON FOREIGN AFFAIRS, DEFENCE AND TRADE
-----------------------------------------------------
HUMAN RIGHTS SUB-COMMITTEE
--------------------------
SUBMISSION ON MYANMAR BY THE DEPARTMENT OF FOREIGN AFFAIRS AND
TRADE.
Term of reference: To enquire into and report on the human rights
situation and lack of progress towards democracy in Myanmar.
******
Introduction
------------
1. Violations of human rights, particularly civil and political
rights, have been a feature of government in Myanmar since the
military seized power in 1962, and in preceeding decades. However
the military suppression of the democratic movement in 1988, and
the State Law and Order Restoration Council's (SLORC's) subsequent
blanket refusal to accept the results of the 1990 elections, which
were universally regarded as free and fair, added new dimension to
Myanmar's problems, and prompted a chorus of international
condemnation. Myanmar remains out of step with the broad regional
trend towards more participative systems of government and its
people continue to miss out on the benefits of rapid economic
growth being experienced inother countries of the region.
2. At the same time, there have been a number of recent
developments which can be taken as signs of greater flexibility on
the part of the SLORC. Senior SLORC figures have met Aung San Suu
Kyi twice over recent months, which could signal the start of a
dialogue on substantive political issues, particularly the future
shape of Myanmar's political structure, and could lead to her
release from house arrest. Moreover, the National Convention,
despite its shortcomings, provides a process to establish the frame
work of governence in Myanmar for the future. The SLORC has made
some concessions in its dealings with the ethnic insurgents as part
of its national reconciliation policy, although it remains to be
seen how substantive these concessions will be. The SLORC has also
begun to move away from its former central planning economic
policies (albeit in a haphazard way) and to lay the foundations of
an "open door" economic policy, leading to the creation of a market
economy.
3. This submission focuses on current developments in the human
rights situation and political process in Myanmar. The issues are
addressed under three broad headings: constitutional development,
Aung San Suu Kyi, and other issues of human rights concerns.
4. It is difficult to comment definitively on aspects of the
situation in Myanmar. Myanmar has for many decades remained
isolated from the international mainstream, and access to detailed
factual reports can be difficult to obtain. Against this
background, reports prepared for the United Nations commission of
Human Rights by its Special Rapporteur, Professor Yozo Yokota, are
of particular significance. Prefessor Yolota's latest report, based
on his visit to Myanmar in Movember 1993, was published in February
1994. Professor Yokota is expected to make a further report which
should be published in late November 1994. The Department will be
pleased to provide a copy to the Sub-committee when this report
becomes available.
5. Moreover, the current situation in Myanmar is characterised by a
degree of fluidity. As we have observed, the prospects for Aung san
Suu Kyi remain uncertain. The National Convention, which is central
to the country's political future, has not yet finalised its work.
Moreover, while a number of SLORC proposals are clear enough,
others are obscure. The SLORC appears to have firm control of the
National convention process, but the extent to which it will allow
modification of its draft proposals remains uncertain. Accordingly,
the final form of Myanmar's new constitution is far from clear.
Civil and political Rights
--------------------------
a. Constitutional Development
-----------------------------
6. Myanmar currently lacks a valid constitution. The previous
constitution, adopted in 1974 during General Ne Win's long period
of rule, was superseded with the collapse of the government of Dr
Maung Maung, Ne Win's surrogate, in July 1988.(Ne Win resigned as
party leader of the Burma Socialist Programme Party on 23 July
1988.) In response to widespread civil disturbance, the military
seized control and established the State Law and Order Restoration
Council on 18 September 1988. The SLORC then held elections on 27
May 1990 to elect a People's Assembly which would act as a
legislature as well as draft a new constitution. With the refusal
of the SLORC to allow the victorious National League for Democracy
(NLD) which won 392 of the 495 seats to assume office, and the
crushing of public protests over the role of the military, a
constitutional vacuum was created. The SLORC tool the power to rulw
by decree, and has been slow to take steps towards constitutional
and civilian rule.
7. It was not until 1992 that the SLORC began to implement plans to
draft a new constitutoon, using a National convention consisting of
delegates chosen by it. The 702 delegates to the Convention
nominated by the SLORC were drown from eight categories:
representtatives elected in the 1990 elections (107, 91 of whom are
from the NLD); representatives from political parties, including
the NLD (49); representatives of the ethnic minorities (215);
peasants (93); workers (48); intellectuals and technocrats (41);
state service personnel (92); and other invitees (57) . The 49
delegates representing political parties were drawn from the 10
political parties that remained of the 27 that had won seats at the
1990 elections, although the inclusion of over a hunderd of those
elected on party tickets in 1990 helped to bolster party
representation. The SLORC carefully selected members for the
convention who were likely to sympathise with its aspirations for
Myanmar's future.
8. In his address to the National Convention on its opening day, 9
January 1993, the chairman of the National Convention convening
commission ( the preparatory body for the Convention),
Major-General Myo Nyunt, outlined the SLORC's objectives for the
formulation of a constitution: non-disintegration of the Union and
national solidarity; perpetuation of sovereignty; genuine
multiparty democracy; "further burgeoning of the noblest and
worthiest of wordly values such as justice, liberty and equality";
and participation by the tatmadaw (i.e. the armed forces of Myanmar
) in a national political leadership role of the future state.
9. The national convention is currently in its fifth session. It
has first defined a series of "fundamental principles" to be the
basis of the draft constitution and it is now fleshing these out
into a preliminary draft text. The current session, which is
expected to last until the end of the year, is addressing the
chapters dealing with the structure of the state, including the
executive and judiciary, the legislature and the creation of
autonomous zones for the thnic minorities not having their own
states.
10. Constitutional drafting has been fitful and protracted. The
SLORC has kept a tight rein on proceedings at the National
Convention and, where deeming necessary, has overridden objections
and alternative proposals from the political parties. In addition,
NLD members, including some who are delegates to the convention,
have been harassed and imprisoned for making comments that are
critical of National convention proposals and methods.
11. At its current rate of progress, the Convention could take at
least a further twelve months to complete discussion of the basic
principles to be included in the fifteen substantive chapters of
the projected constitution. The steps after this process are not
clear. The constitution will need to be drafted and, presumably,
pass through some process of public ratification or endorsement.
Whether that will be by the Convention itself, by public
referendum, or some other consulative process has not been spelt
out by the SLORC. Nor has the SLORC been prepared to commit itself
publicly to any timetable for completion of the constitutional
process.
12. The constitutional development process is still evolving, and
it is not yet possible to obtain a clear picture of the likely
final outcome. According to the SLORC's program for reform, the
National Convention will lead to some form of elected government.
Until the final text of the constitution is available and the first
elections under it are held, it will be difficult to assess the new
political system to emerge from the national Convention. However,
it appears that entrenching a central role for the military, and a
lack of accountability on the part of the military to parliament
will be major areas of concern. The following paragraphs reflect
our understanding of the current state of play in the National
Convention's work.
(i) Form of the state
---------------------
13. Under the SLORC's current proposals as we understand them, the
"Republic of the Union of Myanmar" would comprise seven states and
seven regions. The right to secession would be precluded for all
time. The regioun would be:Ayeyarwady (previously known as
Irrawaddy), Bago(Pegu), Mandalay, Magway(Magwe), Sagaing,
Tanintharyi (Tennassrim) and Yangon(Rangoon). The states would be
Arakan, Chin, Sachin, Kayah, Kayin(Karen), Mon, and Shan. Each
state and region would have a degree of authnomy, with its own
government and legislature, although, as already noted, the extent
of this autonomy remains to be clarified. The regions are generally
the lowland areas of central Myanmar, populated by the ethnic
Burman majority; while the states are generally the highland areas
populated by the various ehtnic minorities.
(ii) Role of the military
-------------------------
14. ONe of the main objectives of the constitutional process
embarked upon by the SLORC through the National Convention appears
to be the consolidation and legitimisation of the military's role
in Myanmar's future political arrangements. The National Convention
has endorsed the SLORC's "preferences" for a bicameral parliament,
in which the military would hold a quarter of all seats. (The same
allocation would apply to State legislature.) The president would
be elected by and electoral college comprisong three groups (the
lower house, the upper house and the military representatives). Of
particualr concern under the SLORC guidelines is that there would
be no civilian authority over, or oversight of, the armed forces.
Moreover, the commander-in-chief (the senior military officer)
would be vested with the authority to takepower in times of
national emergency. The ministerial portfolios of home/security,
defence and border areas would also be reserved for the military. A
preminent feature of the SLORC's proposals is thus firm central
control by the military. After this session of the National
Convention, further issues remain to be addressed, including the
commander-in-chief's emergency powers.
(iii) Head of state
-------------------
15. The previous session of the National Convention which opened on
18 January 1994 established the draft qualifications for the
presidency. Under the SLORC's blueprint, the president would be
elected by an electoral college. the electoral college would be
parliamane, divided into three groups: the lower house, the upper
house and the tatmadaw representatives. After each group chose a
presidental candidate, the parliament as a whole would vote on the
candidates, with the two losers becoming vice presidents. The
president, who would be elected for a term of five years, would
hole executive power. Also, significantly, the president must be a
person who has resided continously in the country for at least 20
years and whose parents, spouse, childern and their spouses do not
owe allegience toa foreign power. These proposals operate blatantly
to exclude Aung San Suu Kyi from eligibility for the presidency.
(iv) The legislature
--------------------
16. Under SLORC prososals now under consideration by the National
Convention, there are to be two houses of parliament: popularly
elected lower house (the Pyithu Hluttaw or national Assembly) and
an upper house, (the Amyotha Hluttaw, characterised as the "house
of nationalities"). The lower house would comprise a member for
each of Myanmar's 324 townships ( to a maximum of 330) and 110
tatmadaw representatives nominated by the commander -in chief. the
upper house would be comprised of 12 elected representatives from
each state/region and an additional four representatives from each
state/region nominated by the tatmadaw. Members of parliament would
serve a five year term.
17. Oualifications for election to the legislature would not be as
noerous as those for the presidency, but would still serve to
exclude most of the current opposition leadeership by virtue of a
provision which prohibits the election of a person who has been
convicted of an offence and sentenced to a prison term. Members of
the lower house must have lived in the country for the last 10
years and not hold the citizenship of another country of an
allegiance to another power (again effectively ruling out Aung San
Suu Kyi). Both parents must also be Myanmar citizens (which would
exclude Aung San Suu Kyi's childern should they decide to stand for
parliament).
18. According to the SLORC blueprint, the fourteen state
legislatures are to organised along similar lines to the national
legislature, including, as indicated, a 25% tatmadaw
representation. Chief ministers would not be elected, but would be
appointed by, and directly responsible to, the president. Chief
ministers will appoint ministers, but security and border affairs
are to be handled by tatmadaw representatives. The tatmadaw is also
to be given a mandate to "participate as necessary" in "security,
enforcement of law and regional peace and tranquility" down to the
township level. These two key features are likely to inhibit
significantly the free exercise of political autonomy by the ethnic
minorities.
Part 1 of 3.