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2/2)A PLAN FOR PEACEBUILDING AND TR
- Subject: 2/2)A PLAN FOR PEACEBUILDING AND TR
- From: drunoo@xxxxxxxxxxxx
- Date: Wed, 25 Nov 1998 00:19:00
Subject: 2/2)A PLAN FOR PEACEBUILDING AND TRANSITION TO DEMOCRACY
(PART 2 OF 2)
A Plan for Peacebuilding And
Transition to Democracy in Burma
15 October 1998 By Dr U Ne Oo
Adelaide, Australia
VI. UN Resolutions and the question of
enforcement
Despite the UN General Assembly, reflecting its grave concerns and
strengthening its resolutions on human rights in Myanmar, there have
been repeated and consistent failure by Burmese military junta to
comply with these resolutions. On the one hand, the UN General
Assembly resolutions are not legally binding upon member states.[21]
However, it is possible for the UN General Assembly to exert its
influence on all political actors in Burma through its resolutions. If
the UN General Assembly makes more specific requests, various
organizations and the political actors will be able to follow these
requests through. In other words, the UN General Assembly
resolutions should be translated into action.
In these circumstances, the United Nations cannot expect the ruling
military junta in Burma, SPDC/SLORC, will be making its own initiative
to comply with the UN resolutions. The UN General Assembly, therefore,
must encourage and approve the legitimate political party, NLD, and
the people of Burma trying to fulfil the requests of the Assembly.
Such a stance by the United Nations will be consistent with the notion
that sovereignty of a nation rests with its people and not with the
elites who have the power. The Assembly, by making its resolution more
specific, can ultimately create an atmosphere where all parties are
able to participate in implementing that resolution.
V. Recommendation to the 53rd Session of
the UN General Assembly
The latest UN General Assembly resolution (A/52/137), together with
recommendations of Commission on Human Rights (A/52/484;
E/CN.4/1998/70), has been the strongest and also comprehensively
addresses human rights abuses in Burma. The resolutions passed at this
53rd Session of UNGA must be consistent with the previous one. The UN
General Assembly should give more specific instructions on improving
human rights, particularly regarding forced labour and forced
relocation in Burma. The UN General Assembly should also take
practical action to promote dialogue and reconciliation in Burma.
(A) To strengthen the role of democratic
institutions
Operative Paragraph (11) of Resolution
(A/52/137) states:
11. Strongly urges the Government of Myanmar
to take all appropriate measures to allow all
citizens to participate freely in the
political process, in accordance with the
principles of the Universal Declaration of
Human Rights, and to accelerate the process
of transition to democracy, in particular
through the transfer of power to
democratically elected representatives;}\eq
Efforts are being made by the National League for Democracy and the
representatives elected in the May 1990 election to convene a
parliament. A representative committee has also been formed with
democratic principle to act on behalf of the People's Parliament.[22]
--> THE GENERAL ASSEMBLY SHOULD RECOGNIZE THE
OPPOSITION NLD'S EFFORTS TO CONVENE PEOPLE'S
PARLIAMENT AND WELCOME THE FORMATION OF CRPP.
THE UNGA SHOULD ALSO PROMINENTLY HIGHLIGHT
IN ITS RESOLUTION THAT THE CRPP AND THE
PEOPLE'S PARLIAMENT OF BURMA, IN ACCORDANCE
WITH INTERNATIONALLY ACCEPTED HUMAN RIGHTS
NORMS, ARE THE HIGHEST AUTHORITATIVE BODIES
TO PROMULGATE LEGISLATIONS AND TO MAKE
POLITICAL DECISIONS.
(B) To eliminate forced labour
Operative Paragraph (17) of Resolution (A/52/137)
states:
17. Strongly urges the Government of Myanmar
to fulfil its obligations as a State party
to the Forced Labour Convention, 1930 (No.29),
and to the Freedom of Association and
Protection of the Right to Organize Convention,
1948 (No.87), of the International Labour
Organization, and encourages the Government
of Myanmar to cooperate more closely with
the International Labour Organization, in
particular with the Commission of Inquiry
appointed in accordance with Article 26 of
the Constitution of the International Labour
Organization;}
The International Labour Organization has completed its inquiry on
Burma's violation of the Forced Labour Convention No.29 of 1930. The
ILO Commission of Inquiry concludes that there has been persistent and
repeated failure to observe this international treaty by the Burmese
military government.[23] The international community should therefore
ensure Burma observes, both in law and in practice, the ILO Forced
Labour Convention No.29 of 1930.
It should also be noted that forced labour has been one of the root
causes of refugee flows to neighbouring countries. Eliminating the
practice of forced labour in Burma will significantly contribute
towards reducing the flow of Burma's refugee into neighbouring
countries.
--> THE UN GENERAL ASSEMBLY SHOULD WELCOME
THE REPORT OF THE ILO COMMISSION OF
INQUIRY ON FORCED LABOUR ON BURMA. IT
SHOULD ALSO WELCOME THE CRPP AND THE
ELECTED REPRESENTATIVES OF BURMA MAKING
INITIATIVES TO REVISE AND REVIEW LAWS
REGARDING FORCED LABOUR IN BURMA,
PARTICULARLY SECTIONS (8) AND (12) OF
THE VILLAGE ACTS OF 1908.[24]
(D) To ameliorate the effect of forced relocations
Operative Paragraphs (19) of Resolution
(A/52/137) states:
19. Calls upon the Government of Myanmar
and other parties to the hostilities in
Myanmar to respect fully obligations
under international humanitarian law,
including article 3 common to the Geneva
Conventions of 12 August 1949,to halt the
use of weapons against the civilian
population, to protect all civilians,
including children, women and persons
belonging to ethnic or religious
minorities, from violations of humanitarian
law and to avail itself of such services
as many be offered by impartial
humanitarian bodies;}
Operative Paragraph (13) of Resolution (A/52/137), which endorses the
Commission on Human Rights Recommendations (l)of (A/52/484) states:
(l) The Government of Myanmar should take
immediate steps to put an end to the
enforced displacement of persons and to
create appropriate conditions to prevent
the flow of refugees to neighbouring
States. In the event that the relocation
of villagers becomes necessary in
circumstances that are in conformity with
international norms, proper consultations
should take place with the villagers,
including the payment of appropraiate
compensation, reviewable by independent
courts, and measures to ensure that adequate
food, housing, medical care and social
a menities, including arrangements for
the education of children, are provided;}
Forced relocations of civilian population are routinely carried out in
Burma by the army within the context of the counter-insurgency
campaigns. There have been disturbing reports of massacres occurring
in the Shan State in eastern part of Burma during 1997 in connection
with these forced relocations.[25] The Burmese military did not allow
the Human Rights Special Rapporteur to investigate those forced
relocation and massacres.
--> THE UN GENERAL ASSEMBLY SHOULD RECOMMEND
THE CRPP AND PEOPLE'S PARLIAMENT TO FIND
WAYS TO AMELIORATE THE IMPACT OF FORCED
RELOCATION. THE UNGA SHOULD REQUEST
BURMESE MILITARY TO GIVE UNRESTRICTED
ACCESS TO THE HUMAN RIGHTS INVESTIGATORS
NON-GOVERNMENTAL AND HUMANITARIAN
ORGANIZATIONS TO BURMA, IN PARTICULAR THE
SHAN STATE.
(D) Citizenship for Rohingyas and
UN Convention on Rights of Child
Operative Paragraph (16) of (A/52/137) states:
16. Strongly urges the Government of
Myanmar to fulfil its obligations with
regard to the Convention on the Rights
of the child, as set out in the concluding
comments of the Committee on the Rights
of the Child;}\eq
The 1982 Citizenship Law of Burma effectively deprivse the citizenship
for the Rohingya minority.[26] This law has also had a discriminatory
effect on the Rohingya children born in refugee camps. Since Burma is
the signatory to the Convention on the Rights of Child, the 1982
Citizenship Law governing the issue of citizenship should be revised
and reviewed, as recommended by the UN Committee on the Rights of
Child.[27] The CRPP has made initiatives for Burma's Parliament to
ratify the UN Convention on the Rights of the Child.[28] The CRPP and
elected representatives of Burma should be urged to revise the 1982
Citizenship Law. If Burma revise this law and grants citizenship to
Rohingyas, it will help the UNHCR to reintegrate the refugees.
--> THE UN GENERAL ASSEMBLY SHOULD WELCOME
THE CRPP'S INITIATIVES FOR THE PEOPLE'S
PARLIAMENT TO RATIFY THE UN CONVENTION
ON THE RIGHTS OF THE CHILD. THE UN
GENERAL ASSEMBLY SHOULD ALSO ENCOURAGE
THE ELECTED REPRESENTATIVES OF BURMA
TO REVISE AND REVIEW THE CITIZENSHIP
LAW IN BURMA, AND TO PROVIDE CITIZENSHIP
TO BURMA-ROHINGYAS. THE UN COMMITTEE ON
HUMAN RIGHTS AND THE HIGH COMMISSIONER
FOR REFUGEES SHOULD ASSIST IN REVISING
ITS CITIZENSHIP LAW.
(E) Repatriation and Reintegration of Refugees}\\
Operative Paragraph (20) of Resolution (A/52/137) states:
20. Encourages the Government of Myanmar
to create the necessary conditions to
ensure an end to the movements of
refugees to neighbouring countries and
to create conditions conducive to their
voluntary return and their full
reintegration, in conditions of safety
and dignity;}
Urgent attention is needed to remove the fundamental causes, such as
forced labour and forced relocation, that gives rise to the refugee
problem in Burma. The UN General Assembly should promote a proper
legal framework for solving Burma's refugee problem. It should also
send human rights monitors to Burma and expand the mandate of UNHCR to
monitor human rights.
--> THE UN GENERAL ASSEMBLY SHOULD PROMOTE
A MEMORANDUM OF UNDERSTANDING(MOU) BETWEEN
BURMA AND THE UNHCR FOR THE SAFE AND
VOLUNTARY RETURN OF REFUGEES FROM
NEIGHBOURING COUNTRIES. SUCH AN MOU SHOULD
BE RATIFIED BY THE CRPP AND THE PEOPLE'S
PARLIAMENT IN BURMA. THE UNGA SHOULD GIVE
AN EXPANDED MANDATE FOR THE UNHCR IN BURMA
TO MONITOR HUMAN RIGHTS ABUSES, SUCH AS
FORCED LABOUR AND FORCED RELOCATION.
(F) To encourage tripartite dialogue
The Operative Paragraphs (6) and (10) of Resolution (A/52/137) states:
6. Urges the Government of Myanmar to
pursue its contacts with the National
League for Democracy with a view to
engaging, at the earliest possible
date, in a substantive political
dialogue with the National League for
Democracy General Secretary Aung San
Suu Kyi and other political leaders,
including representatives of the ethnic
groups, as the best means of promoting
national reconciliation and the full
and early restoration of democracy;
10. Express its concern that most of the
representatives duly elected in 1990 are
still excluded from participating in the
meetings of the National Convention,
created to prepare basic elements for
the drafting of a new constitution,
and that one of the objectives of the
Convention is to maintain the participation
of the armed forces in a leading role in
the future political life of the State,
and notes also with concern that the
composition and working procedures
of the National Convention do not permit
the elected representatives of the people
freely to express their views, and concludes
that the National Convention does not
appear to constitute the necessary steps
towards the restoration of democracy;}\eq
The international community's repeated efforts to encourage the
Burmese military to enter into dialogue with the political opposition
and representatives of the ethnic groups have failed.[29] The efforts
by SPDC/SLORC to write the constitution is increasingly losing its
momentum and can no longer be seen as a viable process. Therefore, the
UN General Assembly should request the elected representatives to
write Burma's constitution.
--> THE UN GENERAL ASSEMBLY SHOULD HIGHLIGHT
THAT THE PEOPLE'S PARLIAMENT HAS THE MANDATE
TO WRITE AND APPROVE THE CONSTITUTION OF
BURMA. THE PARLIAMENT, WITH SUPERVISION
BY THE UN GHIGH COMMISSION ON HUMAN RIGHTS,
SHOULD FRAME A NEW CONSTITUTION WITH THE
PARTICIPATION OF ALL ETHNIC NATIONALITY
GROUPS.
(G) Promoting dialogue and reconciliation}\\
As a practical effort by the UN General Assembly to encourage
reconciliation and dialogue within Myanmar, and to ensure a smooth
transition towards democracy as described in Sec 2.2,the General
Assembly should demand that Myanmar's current Foreign Minister, U Ohn
Gyaw, have his appointment endorsed by Burma's Parliament. On failing
to secure such an appointment for U Ohn Gyaw from the CRPP and Burma's
Parliament, the General Assembly should refuse to give the floor to U
Ohn Gyaw. Alternatively, the General Assembly should invite a Burma
representative who is appointed by Burma's Parliament or CRPP. The UN
General Assembly should also demand the immediate release of the
elected representatives detained by Burmese military junta.
--> THE UN GENERAL ASSEMBLY SHOULD URGE
PARTIES TO THE CONFLICT IN BURMA TO
FORMULATE APPROPRIATE TRANSITIONAL
ARRANGEMENT AND A CLEAR TIME TABLE FOR
TRANSITION TO DEMOCRATIC RULE. THE UNGA
SHOULD ALSO URGE ALL PARTIES IN BURMA TO
RESPECT THE VIEWS OF THE PEOPLE'S PARLIAMENT
AND CRPP.
(H) To ensure that Burma cooperate with the UN System
There have been repeated failure by the Burmese authorities to comply
with UN General Assembly resolutions. The High Commissioner for Human
Rights has recently expressed concerns about the military junta not
allowing the visit of Special Rapporteur to Burma and the junta's
intensification of repression in Burma(HR/98/73). If Burma does not
cooperate with Commission on Human Rights on (1)the Special
Rapporteur's visit to Burma and (2)fails to release the elected
representatives, the UN General Assembly should recommend:
--> (1) AN INTERNATIONAL BAN ON NEW INVESTMENTS
IN BURMA;
(2) THAT MATTERS REGARDING HUMAN RIGHTS IN
MYANMAR SHOULD BE CONSIDERED BY THE
UNITED NATIONS SECURITY COUNCIL.
5.2 Recommendation to the United Nations System
During the year 1997-98, no improvement was reported as regards the
situation of Rohingyas in Bangladesh. There are still 21,000 residual
caseload of Rohingya refugees in Bangladesh.[30] Given the difficulty
of resolving these residual cases, the UNHCR should consider
promoting local reintegration and third country resettlement. To
ensure the successful reintegration of Rohingyas, the UNHCR should
directly contact the CRPP and the Burmese Parliament to discuss issues
such as citizenship and forced labour in Arakan State etc.
Refugees in Thailand appear to have had a relatively calm and quiet
year, largely because most refugee camps have been moved deep inside
Thailand. Since the current Royal Thai Government is more cooperative
on refugee matters, the UNHCR should increase its protection and
assistance to Burmese refugees in Thailand. The UNHCR should put more
effort into securing an MOU with Burma for the safe and voluntary
return of refugees.
VI. Investing in Peacebuilding
******************************
Undoubtedly, Burma is now in the post-conflict stage which is
conducive to peacebuilding. The central government,i.e. SPDC/SLORC,
has significantly weakened. However, there have been no visible
progress made towards the transition to democracy. If Burma fails to
consolidate peace, there will be a return to open conflict, civil war
and the eventual breakdown of society. International support is
required in human rights monitoring and the building of democratic
institution. Burma currently needs not only the United Nations to
broker peace, it also requires sustained engagement by international
community in achieving peace.
Burma's political struggle is uniquely different from other struggles
of the contemporary world in that it is designed to topple a military
dictatorship by totally non-violent means.[31] It need to note that
the NLD employs non-voilent means regarding the process of conflict
minifestation and maintenence of the struggle. Consequently, there is
the tendency for international policymakers to overlook Burma's urgent
need for external support. At current environment, we may not expect
the United Nations to support Burma with large scale peace-making and
peace-keeping operation, as in Cambodia. However, Burma certainly
requires a sustained and innovative international assistance that
could be arranged at a relatively low cost. Such an effort is crucial
to avoid any further deterioration of the situation in Burma.
Appendices:
***********
1. CRPP Notification No.1, 17 September 1998.
2. CRPP Notification No.2, 28 September 1988.
3. The Transitional Phase and Prospects for
Change in Burma, 5 January 1998.
4. Facsimile letter to the representative of
UNHCR in Thailand.
5. Letter to the President of 53rd Session of
UN General Assembly.
[NB: THE APPENDICES 3,4,5 CAN BE FOUND IN THIS
AUTHOR'S PERSONAL WEBPAGE
<http://www.physics.adelaide.edu.au/~uneoo>]
FOOTNOTES(CONTINUED)
********************
[21] Burma is not signatory to UN Human Rights
covenants, the ICCPR and ICESCR.
[22] National League for Democracy, Press release
58(9/98), 16 September 1998.
[23] International Labour Organization, Report
of Commission of Inquiry on Forced labour in
Myanmar, 2 July 1998. Conclusion 538.
"A State which supports, instigates, accepts or
tolerates forced labour on its territory commits
a wrongful act and engages its responsibility for
the violation of a peremptory norm in international
law. Whatever may be the position in national law
with regard to the exaction of forced or compulsory
labour and the punishment of those responsible
for it, any person who violates the prohibition
of recourse to forced labour under the Convention
is guilty of an international crime that is also,
if committed in a widespread or systematic manner,
a crime against humanity."
[24] Appendix II: CRPP Notification No.(2)
28 September 1998.
[25] Amnesty International, "Myanmar: Atrocities
in the Shan State, AI Index ASA 16/05/98,
15 April 1998.
[26] Report by Special Rapporteur for Human Rights,
A/52/484, Paras 119-142, 16 October 1998.
[27] Committee on Rights of Child, CRC/C/15/Add.69.
January 1997. Recommendations Para 34:
"In the field of the right to citizenship, the
Committee is of the view that the State party should,
in the light of article 2(non-discrimination) and
3(best interests of the child), abolish the
categorization of citizens, as well as mention on
the national identity card of the religion and of
the ethnic origion of citizens, including children.
In the view of the Committee, all possibility of
stigmatization and denial of rights recognized by
the Convention should be avoided.
[28] Appendix II: CRPP Notification No. 2,
28 September s1998.
[29] Though, there has been a meeting of Secretary-1
of SPDC/SLORC and Chairman/CEC of NLD taken place
on 18 August 1998; at which Secretary-1 mentioned
it to be the beginning of confidence building in
Burma. However, this event has now been overshadowed
by the SPDC/SLORC detention of all elected MPs
of opposition NLD at the beginning of September.
[30]<http://www.physics.adelaide.edu.au/~uneoo>
09/08/97: Rohingyas--resolving residual cases;
14/10/97: Burma--On the road to peace.
[31] Dr Mikio Oishi, "Nonviolent Sturggle of the
Burmese People for Democracy", IPRA Conference--
South Africa, 23-26 June 1998.
/* Endreport */
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