WRI STATEMENT TO UN SUB-COMMISSION

[darnott@xxxxxxxxxxx]

WRI (WAR RESISTERS INTERNATIONAL)

UN Sub-Commission, Item 2
Statement by David Arnott, 
5 August 1998


Mr Chairman, 

WRI would like to draw the attention of the Sub-Commision to a recent
statement on Burma and international law by Josef Silverstein, Professor
Emeritus of Political Science at Rutgers University:

"The spokespersons for the military junta in Burma have built their defense
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 1948, and 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 the human person, in
the equal rights of men and women and nations large and   small...have
resolved to combine our efforts to accomplish these 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 for
human rights and 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 word "shall"
in ordering the UN to promote universal respect for and observance of the
fundamental  freedoms 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 freedoms for all..." (Article
13.b). The treaty also grants to the  Economic and Social Council the right
to create commissions 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 human rights violations
in Burma; beginning in 1991, 
and every year thereafter, it has issued strong resolutions 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 rapporteurs 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; but, thus
far, its efforts have been no more successful than those of the CHR. 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 stand against
the Charter. Regional groupings are recognized by the UN treaty. Article 52
declares that Regional groupings are proper on matters 'relating 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 of a Regional grouping.
     

"In the light of the discussion just concluded in Manila between ASEAN
members and between them and their international 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 a 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." 


Thank-you, Mr Chairman.


This statement was published in "The Nation" (Bangkok) of 5 August 1998 and
issued in Burmanet-l (reg.burma). It is placed once more on Burmanet
because it has now been submitted to a UN body.