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Burma's Political Prisoners and US Sanctions
Latest Human Rights Watch documentation
Progress Report of the Special Rapporteur  Human Rights Council - 7 March 2012 Tomás Ojea Quintana reports that the recent wave of reforms has had a positive impact on the situation of human rights in Myanmar. The upcoming by-elections on 1 April 2012 will be a key test of how far the Government has progressed in its reform process. There is, however, a risk of backtracking on the progress achieved to date. At this crucial moment in the country’s history, remaining human rights concerns and challenges should be addressed, and justice and accountability measures, as well as measures to ensure access to the truth, should be taken. Quintana calls for review of Myanmar sanctions
More warnings over Land Bills The Myanmar Times - 20-26 February 2012 Harvard academics, farmers, activists, politicians, United Nations agencies and a Nobel Prize-winning economist have joined the debate on land rights reform, warning that two proposed land laws could lead to increased poverty and inequality if approved in their current form. The Farmland Bill and Vacant, Fallow and Virgin Land Management Bill were submitted to parliament during the second session but had not been passed when the session ended in late November. Activists and land rights experts say the bills are inadequate and require further consultation, and in late 2011 quietly began campaigning to have both of the draft laws amended. With as much as two-thirds of the population relying on agriculture for their livelihoods, the issue is considered critical to efforts to alleviate poverty and promote inclusive and sustainable development. International Confederation of Trade Unions visits Myanmar FTUB Blogspot - 17 Febuary 2012 A delegation from the ITUC paid its first ever visit to Burma from 12th to 16th of February 2012. The delegtion was headed by Mr. Stephen Benedict, Director of the Human and Trade Union Rights (HTUR) department and also included Mr. Jeffrey Vogt, Legal Advisor of the ITUC and the HTUR, and Mr. Patuan Samosir, Senior Officer, Organizing and Projects ITUC Regional Organization for Asia-Pacific (ITUC-AP). During the visit, the delegation met with the representatives from the Myanmar Industrial Trade Unions (MITU), the Agriculture and Farmers Federation of Myanmar (AFFM), the Journalist Press and Publication Workers' Union (JPPWU) and the Textile and Garment and Leather Workers Union (Bago) and the Daikoo General and Transport Workers Union. They also met with FTUB leader Myo Aung Thant as well as wtih Daw Aung San Suu Kyi. On the 15th the delegation flew to Naypyidaw and met the Ministry of Labour headed by the Director General and discussed the Labour Organization Law, the Prison Code and the Labour Organization Rules.
Visit to Myanmar by the UN Special Adviser Vijay Nambiar  UNIC Yangon - 17 February 2012 In the press release on his five-day visit to Myanmar, the Special Adviser concluded that he "welcomes the Government’s recognition of the value of partnership with the United Nations to help Myanmar meet the challenges and opportunities before it. The good offices of the United Nations are ready to work with all stakeholders in this important task. The Special Adviser also feels that the international community must respond more robustly to the needs of the Myanmar people by lifting current restrictions on UN programmes. Now is the time to step up support and to adjust existing policies in order to help build conditions for sustaining the reform and for the betterment of Myanmar’s peoples." Statement by the UN Special Rapporteur on Human Rights UN Information Centre Yangon - 5 February 2012 On his departure from Myanmar at the conclusion of his six-day visit, UN Special Rapporteur Tomás Ojea Quintana made a number of comments. Here are some verbatim extracts from his press statement.
Special Briefing: Recent Developments on Burma US State Department - 13 January 2012 Another detailed and definitive briefing to the press on US policy towards Myanmar and on recent developments there, including the release on 13 January 2012 of 651 'political prisoners' who included some 60 military personnel.
Myanmar frees dozens of political prisoners  Financial Times - 13 January 2012 Those set free include key members of the 1988 student-led uprising against dictator General Ne Win such as Min Ko Naing, Nilar Thein and her husband Ko Jimmy, according to foreign diplomats in Myanmar and human rights campaigners. Also released were Khun Tun Oo, a Shan ethnic leader, U Gambira, a monk who helped organise the Saffron uprising in 2007 and Khin Nyunt, the former prime minister and head of military intelligence who was ousted in a 2004 coup. “Today’s release (under Article 401 of the Code of Criminal Procedure) is a significant step forward in terms of what the international community has been calling for,” said a western diplomat in Yangon, Myanmar’s main city. “We’re still working on the numbers but all the big names are out.” Myanmar says 302 political prisoners released in amnesty Reuters - Yangon 14 January 2012 "A total of 302 were granted amnesty, after examining the list of 604 sent by the NLD," Lt Gen Ko Ko, Minister of Home Affairs, told reporters. "Of those on the NLD list, 107 had already been freed, the credentials of 51 could not be checked, 13 had been counted twice, one had died and two had been transferred to the Ministry of Religion Affairs." That left 430 names but 128 were deemed to be common criminals and "kept under detention for the sake of the rule of law," Ko Ko said, adding 13 of these had Taliban connections. "A total of 302 out of the 430 were freed so that they can take part in the national reconciliation and political process."
Condolence Messages and Book of Condolence for Dr Nay Win Maung The New Light of Myanmar - 2 January 2012 
On 30 December 2011, at 15.16 p.m. Myanmar Time, Dr Nay Win Clemency in Myanmar falls short of expectations
Judging Burma's Human Rights Record UNGA Resolution on the Situation of Human Rights in Myanmar Next Year's Wars: An ICG Commentary Philanthropist George Soros visits Myanmar
 Mizzima - 28 December 2011 Soros, 81, arrived in Burma because he wanted to visit Inle Lake and Bagan, two locations where his foundation has made donations, sources said. He arrived by private plane on December 26. He will leave in early January, a businessman told Mizzima. “On December 26 and 27, he was in Rangoon and today he went to Inle. His two sons accompanied him. I think it’s his family’s ‘vacation visit’."
Zarganar - Burma's funniest dissident Imprisoned Political Activists in Myanmar Signs of the times
ILO Governing Body document on Myanmar
Thura Shwe Mann on the issue of 'political prisoners' Myanmar: Military guilty of rape, activists say
Myanmar passes law allowing protests Hagues welcomes UN Human Rights Resolutions on Iran, DPRK and Myanmar Adviser: Myanmar President to release all political prisoners Myanmar National Human Rights Commission open letter to President
UNGA Third Committee: The situation of human rights in Myanmar Burma's continuing human rights challenges Analysis of the proposed Farmland Law UK Foreign Office Minister gives no assurance on Commission of Inquiry Situation of Human Rights in Myanmar - Report by the UN Special Rapporteur Controversy over numbers of political prisoners
Myanmar only has around 600 prisoners of conscience and released almost half during last week's amnesty order, President Thein Sein's political adviser Ko Ko Hlaing has told Swedish Radio. Ko Ko Hlaing said accusations that there are 2,000 political prisoners in Burma were “an exaggeration." He added that he thought more will be freed in the near future and that the AAPP(B) had gathered its data from outside the country and this data might therefore be inaccurate. Release draws mixed views
The Frankfurter Allgemeine Zeitung of 13 October 2011 reported [translation by Network Myanmar]: "The number of altogether 2,000 political prisoners, which has been in circulation for years, does not seem to be correct. Recently European diplomats in Thailand examined the statistics of the Assistance Association for Political Prisoners, an NGO based locally, and now prefer to take as their starting point from 700-800 political prisoners in Burma. This is about as many as the National League for Democracy (NLD) give in their lists, and only a little more the Burmese government admits to in back-room discussions. On the basis of these figures, the freeing of more than 300 political prisoners [Network Myanmar - in fact in the end only 220 are thought to have been released], including a reasonable number of prominent dissidents, could be regarded as substantial evidence of a willingness to reform, observers believe." New law gives Burmese right to strike
Release of Political Prisoners
Burma censorship chief calls for press freedom Burma flags mass release of political prisoners In Burma, transition neglects press freedom "We won't be influenced by the Government" UK Labour Party Shadow Foreign Secretary supports an Inquiry Statement by the Myanmar Foreign Minister at Geneva
Burmese political satirists return home from exile Situation of Human Rights in Myanmar - Report of the UN Secretary-General Note by Network Myanmar: Ban Ki-moon made no reference to any UN-led "Commission of Inquiry" in which he is most unlikely to show any interest at the present juncture. Myanmar National Human Rights Commission formed Pressures for UN-led Commission of Inquiry Note by Network Myanmar: The writers and organizations concerned ought to be aware that the UN General Assembly has not previously, as a matter of practice under the UN Charter, set up human rights Inquiries itself, but has either delegated that responsibility to the UN Human Rights Council which the General Assembly established, or has maintained the right to recommend to the UN Security Council or to the UN Secretary-General personally that action be taken. None of the writers and organizations however mention this fact, but they press doggedly for action in the General Assembly itself against all historical precedent. They no doubt know that they will be disappointed, but it may be that the struggle is more important to them than any prospect of success.
But see also by way of counter-argument:
French Foreign Ministry comments on the visit by Quintana Advisor: Government to form Rights Committee Lower House elected and appointed representatives call for amnesty "With regard to amnesty, Pyithu Hluttaw representatives and Defence Services Personnel Pyithu Hluttaw representatives reported on release of general amnesty at the opportune time. Due to full capacity of farsightedness and high consideration, they firmly hope that the President would make assessment and release an order of amnesty." Record of individual discussions with the UN Special Rapporteur Statement by UN Quintana on his departure from Myanmar
From blinkered to enlightened despotism Vist to Myanmar by UN Special Rapporteur on Human Rights EU should negotiate against the regime, not itself The US, EU, Australia, Canada and New Zealand are all in principle pro-engagement, pro-'smart' sanctions and pro-humanitarian aid. There are differences of emphasis, but the broad thrust of policy objectives is the same. A CoI only represents leverage if there is some prospect of it being established. The UN General Assembly itself has hitherto not set up any CoI itself, but only recommended CoIs. Neither the Human Rights Council nor the Security Council would in present circumstances be likely to pay much attention to a recommendation made to them. That leaves a recommendation to the UN Secretary-General personally, but I would rate any specific recommendation to him as very low indeed. My expectation accordingly is that the EU will wish to include at the most only a glancing reference to a possible CoI (or Panel of Experts, Review Team, Advisory Board or Council of Wise Men) in the draft Resolution to be tabled before the Third Committee; and quite possibly no reference at all. UN Special Rapporteur Tomás Ojea Quintana, who is to visit Myanmar next week, may feel the need to comment further after his visit. His present position is that he sees a CoI as one option on the table. The views of the 193 UN Member Nations are at present unknown on the issue of timing, location and modalities. They are likely to feel that no action should be taken at present which might upset the delicate balance of negotiations between Daw Aung San Suu Kyi, whose call for a CoI on the model of the South African Truth and Reconciliation Commission is scarcely shared by activists overseas, and the new administration in Nay Pyi Taw. US State Department Daily Press Briefing: Questions on Burma "Let me just review where we have been on this issue with Burma. We have repeatedly raised our concerns about these issues with the Burmese Government, particularly regarding violence in ethnic areas, including reports of rape and forced labor. We have also used the annual resolution on Burma at the UN General Assembly every year to express our concern. And we have strongly supported the role of the UN special rapporteur on the situation in Burma, and we have urged Burma to allow him access to the country. "With regard to the request now for an international commission, we are committed to seeking accountability for human rights violations that have occurred in Burma, and we are prepared to work to establish an international commission of inquiry through close consultation with our friends and allies." Campaign for a Commission of Inquiry rethinks its strategy? The IBA Human Rights Institute has withdrawn without explanation public access to their "Guidelines for Action" designed to brief lawyers wishing to lobby in favour of a Commission of Inquiry (COI) on alleged international crimes in Myanmar. IBAHRI now invites readers to contact the IBAHRI "Justice for Burma Campaign" by email if they wish to obtain a copy of these "Guidelines for Action", of which a cached copy of the original version is available at this link. IBAHRI has also prejudged the issue in their notice by referring to "international crimes" without recognising that the whole purpose of a COI would be to assess whether such crimes had been committed.
IBAHRI seem to have acted in some haste as the brief notice now displayed has two elementary spelling mistakes - "consise" for "concise" and "recieve" for "receive", as well as a typographical error "commission of Inquiry" for "Commission of Inquiry" [accessed at 14.24 BST 10 August 2011.] In my "Burmese Perspectives" of 29 July 2011 I examined the background to pressures, led by IBAHRI and supported by the Open Society Institute - Burma Initiative and the Burma Campaign UK, to persuade the UN to set up a fact-finding Commission of Inquiry into alleged international crimes in Myanmar through a suitably worded Resolution at the UN General Assembly later this year. I pointed out that the issues for decision are political rather than legal and that the international community will primarily take their decisions on the basis of what they feel to be in the best interests of the people of the country in the light of the present situation. The general reaction from contacts to my "Burmese Perspectives" is that, despite universal concerns about continuing impunity for human rights abuses in Myanmar and the manifest need for accountability, a UNGA Resolution on the lines proposed would be:
In short, the political case against a UNGA-sponsored COI is strong and likely to convince a majority of the 193 Members of the UN should it come to a vote. Western countries would be aware of this and may well seek to avoid a confrontation. In any case, only 16 countries, including 12 from the EU, out of a total of 193 UN Members have announced their general support for a UN supervised COI. Sensibly, not one of the 16 has expressed any public view about how this might best be achieved in a UN context. • Letter from members of the Senate Women's Caucus on Burma to Hillary Clinton Burmese pair retract crimes claim
Convict porters on the front lines in Eastern Burma Post-Election Burma: Impunity still reigns Suu Kyi likely to press Australian Foreign Minister on Commission of Enquiry Consideration of outcome of Universal Periodic Review of Myanmar "Myanmar noted that the recommendations of Greece, Hungary, Uruguay, and Canada enjoyed its support. These included a plan to sign and ratify the core human rights treaties; ratification of the remaining core human rights treaties such as the International Covenant on Civil and Political Rights and the Committee Against Torture; cooperation with the UN Special Rapporteur on the situation of human rights in the country; ending the recruitment and use of child soldiers; and cooperation with the UN to end the recruitment of child soldiers. The remainder of the 46 recommendations did not enjoy their support because they infringed on Myanmar’s sovereign rights. "The new Government, having taken State responsibility for only 69 days to date, was still in its infancy. Endeavours for the promotion and protection of human rights were a continuous process. No State was free from accusations of the breach of human rights. In this regard, President U Thein Sein of Myanmar, in his inaugural address, stated that the domestic laws of Myanmar would be reviewed to be in line with the constitution and also bills would be submitted to safeguard fundamental rights of citizens in line with the constitution. The executive ministries concerned were in the process of doing this. While committed to the promotion and protection of human rights, Myanmar was also cooperating with the United Nations. The very fact of sending a high-level delegation and participating in the Universal Periodic Review process was the living proof that Myanmar took this commitment seriously." UPR Outcome Report - Statement by Human Rights Watch Comments on "Ending forced labour in Myanmar: Engaging a pariah regime" Forced labour complaints rise on public awareness
Myanmar Times - 6-12 June 2011 An interview with Steve Marshall, the liaison officer of the International Labour Organization in Yangon. The ILO nonetheless works on a restricted mandate. Tomas Ojea Quintana still sees a Commission of Enquiry as an option
Deutsche Presse-Agentur - 23 May 2011 UN Special Rapporteur on Human Rights Quintana has told a press conference in Bangkok that the new parliament is too weak institutionally to address the complex issue of human rights abuses in areas controlled by ethnic minorities fighting the government for six decades.'These democratic institutions are very new and I see some positive signs in them but it is too early for them to function effectively.' He said he would continue to press the UN to consider setting up an Enquiry.
Government grants amnesty for prisoners
New Light of Myanmar - 17 May 2011 Text of announcement by President Thein Sein about an amnesty for prisoners. Report in the Bangkok Post of an expected 17,000 releases, possibly only very few "political prisoners", but perhaps numbers of intelligence personnel imprisoned when Lt Gen Khin Nyunt fell from grace in October 2004. Predictable criticism from human rights groups. Other reports:
Comment by Network Myanmar: The Myanmar Government would not wish to be seen to be bending to persistent Western pressures. Paradoxically could mean that such pressures ensure that prisoners of conscience remain imprisoned longer than might otherwise be the case. Western governments would be aware of this dilemma, but they in turn need to respond to domestic political pressures. No easy answer. The renewal of US sanctions against Myanmar on the same day as the announcement of the amnesty invites speculation about whether a supplementary list of "political prisoners" might not have been put back again at the bottom of the President's in-tray, to await a more favourable occasion.
Australia and Thailand press Myanmar on human rights record
VoA.com - 15 May 2011 Australia and Thailand have called for Burma to raise its human rights record, including the release of all political prisoners, before taking up the chair of the 10-member Association of South East Asian Nations in 2014. Earlier this month, Laos was reported to have agreed to “swap” with Burma the chairmanship of ASEAN in 2014. Laos will chair in 2012. The call came during weekend talks between Australian Foreign Minister Kevin Rudd and his Thai counterpart Kasit Piromya in the Thai capital, Bangkok. Imagining a new human rights strategy for Burma
East Asia Forum - 10 April 2010 Morten Pedersen, senior lecturer in politics at UNSW Australia, argues that "as a policy proposal, principled engagement is still ahead of the curve. But without imagination, we are likely to remain stuck in established patterns, no matter how dysfunctional they are known to be. And with important changes underway inside Burma, now is the time for new and bold approaches."
Addendum to Final Report
UNGA Human Rights Council - 27 May 2011 Final Report of the Working Group on the Universal Periodic Review - Myanmar UNGA Human Rights Council - 24 March 2011 Draft Report of the Working Group on the Universal Periodic Review - Myanmar UNGA Human Rights Council - 2 February 2011
Draft report on the proceedings of the Periodic Review for Myanmar. US Mission Geneva - 28 January 2011
Comments by US Ambassador Eileen Donahoe and Deputy Assistant Secretary of State for Democracy, Human Rights and Labor Daniel Baer on human rights concerns and US policy in the context of the Human Rights Council "Universal Periodic Review" (UPR). Mr Baer concluded: "I think the regime, despite the elections which were neither free nor fair, as the new government gets formed, has an opportunity. There’s an opportunity here to chart a more positive path and we will continue to engage to try to encourage and offer support for that. Part of engagement is making clear our perspective that political prisoners need to be released, that the National League for Democracy (NLD) needs to be allowed to register, and Aung San Suu Kyi needs to be given the space to operate. Those things need to happen. Being honest about those shortcomings, but also being supportive of forward movement that is consistent with movement toward a democratic and free Burma where human rights are broadly respected. So I expect that our policy of engagement will not change, but obviously times change and the topics on which we engage can change and we’ll continue to do everything we can in our engagement to pursue speedy movement toward progress." Humanitarian impact of landmines in Burma/Myanmar Report on human rights in Chin State
ILO Liaison Officer in Myanmar welcomes proposed new labour laws
Voice of America - 18 January 2011 The ILO representative in Burma, Steve Marshall, speaking to reporters today, said Burma’s military is preparing legislation that will allow for legal trade unions, with rights to strike. Marshall said this is a further step in the direction of economic reform.The legislation is set to be presented before the new parliament elected last November and due to hold its first session in late January. Marshall said the legislation marks a major step in the country’s labour rights. Radio Australia - Interview with Steve Marshall Draft Resolution on the "Situation of Human Rights in Myanmar"
UNGA Third Committee document A/C.3/65/L.48 dated 28 October 2010 As expected. the draft Resolution on the "Situation of Human Rights in Myanmar" makes no recommendation about the establishment of a Committee of Inquiry. Note by Network Myanmar: The 41 sponsors of the draft Resolution include no countries from the Asian region or the Non-Aligned Movement. UN News Centre: Draft Resolution approved by Third Committee 18 November 2010 Agence France-Presse - 29 October 2010
Hillary Clinton, delivering a speech in Hawaii at the start of a two-week trip across Asia, offered the most explicit US backing yet for an Inquiry. "I would like to underscore the United States' commitment to seek accountability for the human rights violations that have occurred in Burma by working to establish an international Commission of Inquiry through close consultations with our friends, allies and other partners at the United Nations," Clinton said at the East-West Center in Honolulu.
Human Rights Watch support Hillary Clinton - 29 October 2010 Philip J Crowley: We support convening of a Council [Commission] of Inquiry. We are consulting with countries on how to move forward. We understand that a range of countries have a variety of views of what’s happening in Burma. And some have expressed support for the committee of inquiry, and others are hesitating, and they could be hesitating for 25 different reasons. There was a suggestion that they were being intimidated by one country. We don’t see it that way. We are - and we do believe that looking ahead, people are going to see an unfortunate election in early November in Burma that lacks credibility, that cannot be viewed as free and fair. And we believe that as we continue this discussion, we’ll come to a consensus with the international community on how to proceed in putting appropriate scrutiny on Burma for what’s happening within the country."
Foreign Policy - 24 October 2010
Colum Lynch reports that "China has mounted a high-octane, Western-style diplomatic effort, lobbying European and Asian countries to oppose the measure on the grounds that it could undermine the country's fragile political transition." Some US officials are pessimistic about the prospects for establishing an Inquiry for the time being. US pressures reflect their frustration to engage the military regime on political reform.
UN Webcast - 21 October 2010
Tomás Ojea Quintana meets the press at UN Headquarters in New York the day after his presentation to the UNGA Third Committee.
United Nations - 18 October 2010
The UN Secretary-General presents the report of the Special Rapporteur Tomás Ojea Quintana, dated 15 September 2010. The document also contains the detailed and total rejection of the report made by the Government of Myanmar soon after publication.
Note by Network Myanmar: The report rightly concentrates not only on human rights issues in Myanmar but also, in Section A, on the serious deficiencies in the process for the elections due on 7 November 2010. Section D reviews the issues of Justice and Accountability with particular reference to the issue of an Inquiry on possible international crimes. In Paragraph 67 however the Special Rapporteur highlights the fact that "it is the foremost responsibility of the Government of Myanmar to address the problem of gross and systematic violations by all parties, and to end impunity," and continues that "if the Government fails to assume this responsibility, then the responsibility falls to the international community." He accordingly makes no recommendations in this context, but would seem to be leaving it to the Third Committee and to the General Assembly to reach their own conclusions.
In the incisive and perceptive report on the elections in Section A, there are two minor issues which might have been clarified.
First, in Paragraph 17 there is a reference to the National League for Democracy (NLD) and Shan Nationalities League for Democracy (SNLD) being automatically deregistered "after choosing not to continue their registration on condition of removing their leadership." This should perhaps have made clear that, while this indeed applied to the SNLD, several of whose leaders are in prison, in the case of the NLD nineteen of the twenty members of the NLD Central Executive Committee (CEC) are under no restriction and that it was only certain members of the CEC who seem to have concluded, or say they concluded, from their reading of the election laws that Ms Suu Kyi, the General Secretary, would have to be excluded as a member. No ruling was ever made in this sense by the Union Election Commission which alone has the responsibility for such decisions and which has now confirmed that Ms Suu Kyi is indeed on the electoral roll. By implication this means that she could have remained a member of the NLD as she was not "in prison".
Second, there is a reference in Paragraph 36 to Ms Suu Kyi's "current sentence of house arrest". In fact the Directive issued by the Head of State on the day before the Court sentence remitted half the sentence and suspended the other half, so that Ms Suu Kyi is currently in Burmese legal terms in "restricted residence" on the basis, not of a Court sentence, but of a Directive from the Head of State.
United Nations - released 14 October 2010
In his annual report, dated 14 September 2010, to the UN General Assembly on 'The Situation of Human Rights in Myanmar', the UN Secretary-General Ban Ki-moon comments: "I am committed to continuing cooperation with the Government and people of Myanmar to enable their efforts to make a successful transition to a credible civilian and democratic Government. Myanmar stands to benefit greatly from the wide-ranging experiences of the United Nations and its efforts to assist in the humanitarian and socio-economic areas. I reiterate my call for unity of purpose and unity of action among key interested Member States, regional entities, multilateral development actors and international financial institutions, to encourage all domestic stakeholders to contribute to positive change in the national interest of Myanmar."
Sydney Morning Herald - 8 October 2010
Cynthia Banham expresses concerns about the possible forced repatriation of Burmese refugees in Thailand in the wake of the 7 November elections.
UNHRC Press Release - 17 September 2010
Myanmar is mentioned in several presentations. The Myanmar Representative, Wunna Maung Lwin, commented that the allegations against Myanmar were completely false and unfounded. There were no crimes against humanity in Myanmar and the Government had negotiated ceasefires with 17 of the 18 rebel groups. The military only conducted counter-insurgency activities and not acts of military aggression. With regard to the issue of impunity, any member of the military who breached national law was subject to legal punishment. The Myanmar Governmental authority said that there was no need to conduct investigations in Myanmar since there were no human rights violations there. Myanmar asked that the Human Rights Council not be used as a forum to unfairly exert political pressure on certain countries. Farhan Haq Deputy Spokesperson - 8 September 2010
(Scroll down to bottom of report) Asked to comment on progress in appointing a commission of inquiry into war crimes, Farhan Haq said: " This is not something that’s gone beyond an idea that has been proposed by the Special Rapporteur, Tomas Ojea Quintana. Mr. Quintana has proposed that idea. Whether anybody takes that up is up to the various bodies of the UN system. ....... Ultimately, the bodies of the UN system, including the Human Rights Council, can consider Mr. Quintana’s views and see whether any further steps need to be taken."
Karen Community Association UK - 1 September 2010
William Hague confirms to the Burma Campaign UK that the UK will press for a more robust international approach on the issue of human rights in Myanmar, but gives no indication of what specific measures the UK might itself take or recommend to its EU partners. On the issue of a possible UN Commission of Inquiry, he would only say that the UK "has not ruled out" such a Commission. He recognises that: "Any action we take would need the engagement of the international community." See text of two letters sent to (a) Zoya Phan in reply to her letter of 4 August 2010 and (b) Mark Farmaner in reply to his letter of 9 June 2010, both of the Burma Campaign, which are also posted on the FCO Facebook and the Karen Community Association UK websites. Quite why William Hague felt he needed to write two letters dated 24 August 2010 on the same subject to officials in the same organisation, the more substantive letter going to Zoya Phan whom he would have met at the 2007 Conservative Party Conference, is not clear.
Note by Network Myanmar: The difficulty which William Hague has encountered is that the UN General Assembly itself has no practice of establishing Commissions of Inquiry except on its own internal affairs, that the UN Secretary General reportedly does not believe that he has any responsibility in these particular circumstances without specific guidance from the Security Council and that the Human Rights Council itself, to whom UN Special Rapporteur Tomás Ojea Quintana suggested in a report on 5 March 2010 that "UN institutions may [Network Myanmar - presumably means "might wish to"] consider the possibility to establish a commission of inquiry", has been reluctant itself to respond. See also letter to William Hague of 26 February 2010 from Network Myanmar.
US State Department Press Briefing - 19 August 2010
At the Daily Press Briefing yesterday, the State Department Spokesman Philip Crowley made it clear, in response to a question, that there had to his knowledge been no statement from the White House about President Obama's support for a UN Commission of Enquiry on Myanmar, even though this had been widely reported in the international press, including comment from the National Security Agency. This premature release has induced persons, who might otherwise have restrained from comment, to come out in support of the US "decision", including the Vice Chairman of the former National League for Democracy.
Note by Network Myanmar: The unfortunate way in which US intentions have been revealed without State Department approval on the timing may influence Asian countries to have doubts about the wisdom of the planned US action so close to the elections. This could harden attitudes among the future rulers of Myanmar and polarise Asian-West opinion on how best to influence the new administration in Myanmar.
Jakarta Post - 20 August 2010
Several local Myanmar watchers, including academics and a House legislator, have thrown weight behind the US in its push for the UN to investigate alleged crimes against humanity in the country.
Wall Street Journal - 19 August 2010
The Obama administration has decided to back efforts to create an international commission investigating alleged human-rights violations in Myanmar. The U.S. could propose a UN-led investigative commission one of two ways if it wants to avoid a probable veto by China at the U.N. Security Council. The U.S. could introduce a resolution in either the U.N. Human Rights Council in Geneva or the General Assembly in New York that would request either body to establish such a commission or have either body ask U.N. Secretary-General Ban Ki-moon to do so. But Mr. Ban doesn't have authority on his own to authorize such a commission, a U.N. official said. Nor does U.S. support mean an inquiry will occur.
Note by Network Myanmar: The US move is a result of their frustration because offers to negotiate an end to sanctions through political reform have not been taken up. It was however widely predicted that such "conditionality", imposed by congressional pressures, would be most unlikely to achieve results. If the West is again seen to be ganging up on Burma, Asian counties are only likely to rally round in support, thus perpetuating the polarisation in West versus Asian policies on Myanmar.
Truthout - 9 August 2010
Marwaan Macan-Markar ponders on the current exclusion of UN Human Rights envoy Quintana from Myanmar as a result of his call in March 2010 for a UN enquiry into human rights abuses.
IPS - 13 July 2010
Marwaan Macan-Markar examines the efforts of the ILO in Myanmar to re-establish trade unions with the consent of the authorities.
Jakarta Post - 6 July 2010
Yozo Yokota (UN Special Rapporteur on Myanmar 1992-1996)
ILO Provisional Record
The record includes the Conclusions of the ILO Governing Body on the observance by Myanmar of the Forced Labour Convention.
Agence France-Presse - 6 June 2010
Steve Marshall, ILO liaison officer in Myanmar, comments on latest developments.
Mizzima - 5 May 2010
The leaflets will be in English and Burmese and, to reach urban and rural areas, will be distributed through NGOs and government departments. The cost of the leaflets will be borne by the ILO.
Agence France-Presse - 26 March 2010
A Human Rights Council Resolution passed today "expresses concern that the newly adopted electoral laws do not meet the expectations of the international community regarding what is needed for an inclusive political process." It also "calls upon the government of Myanmar to ensure a free, transparent and fair electoral process which allows for the participation therein of all voters, all political parties, and all other relevant stakeholders in a manner of their choosing."
Myanmar criticises Quintana's report
Agence France-Presse - 15 March 2010 "We strongly condemn and reject these recommendations and the report as a whole," Myanmar envoy Wunna Maung Lwin told the Human Rights Council today, referring to a report by the UN's special rapporteur on human rights in Burma. Pointing to paragraphs referring to possible crimes against humanity which could prompt an UN inquiry, Burma's ambassador in Geneva said such recommendations "violate the right of a sovereign state". He also charged that the report to the council contained "unfounded allegations" from "unverifiable sources" and that the rapporteur, Tomas Quintana, had referred to issues which fell outside his mandate. The full report of the meeting of the Human Rights Council today is attached. A/HRC/13/48 dated 5 March 2010
Final version dated 10 March 2010 IRIN - 26 February 2010
The government of Myanmar and the International Labour Organization (ILO) have for the third time renewed an agreement aimed at tackling forced labour. "Neither party sought any changes and there were absolutely no issues in terms of its renewal," Steve Marshall, liaison officer for the ILO in Myanmar, told IRIN in an interview. The agreement will come into effect on 26 February for another year. However, Marshall said much work was still required to ensure the proper application of the agreement. According to the ILO and rights groups, the military regularly uses forced labour for its activities, such as sentry duty, or when camps are shifted and porters are needed to carry supplies, or in construction. Military units are also under-funded and rely on farming to survive, and villagers are often compelled to work for them. The practice is also used by civilian authorities, who cannot afford the labour to build roads, for example. "A lot of forced labour is driven by a very bad economic structure. The local authorities have no money, they've got no resources," said Marshall. "It's not just a social issue; it's an economic policy management issue as well." Comment by Network Myanmar: It should not be overlooked that Western sanctions are partly responsible for the depressed rural economy in Myanmar, which in turn inclines local authorities to resort to forced labour through lack of resources.
Studies on Sanctions and Human Rights
Michael Ewing-Chow - Associate Professor, Faculty of Law, National University of Singapore: 'First do no harm: Myanmar Sanctions and Human Rights" Mr Marc Bossuyt - Professor Emeritus of International Law at the University of Antwerp: "The adverse consequences of economic sanctions on the enjoyment of human rights."
UN Office for the Coordination of Humanitarian Affairs
The Impact of Sanctions
As the Secretary-General stated in his first report on the Protection of Civilians in Armed Conflict (S/1999/957) experience has shown that sanctions can have a highly negative impact on civilian populations, especially on vulnerable groups. Also regional sanctions and embargoes are of concern. Often they are hastily imposed by neighbouring countries and lack clear guidelines regarding the minimization of their humanitarian impact. The Irrawaddy - 25 January 2010
In this broad-ranging interview the results of his recent visit to Myanmar, Finnish-born Executive Director Kari Tapiola makes no mention of any plans by the ILO Governing Body to refer the issue of forced labour to the International Court of Justice. The New Light of Myanmar - 20 January 2010
Aung Kyi (the Liaison Minister who meets Suu Kyi) yesterday received ILO Executive Director Kari Tapiola and agreed to extend for another twelve months the ILO-Myanmar Understanding on handling complaints about forced labour. Total CEO Christophe de Margerie rejects reports by Earth Rights International
Le Parisien - 11 September 2009 [in French] In an interview in today's Le Parisien, asked whether he might not be afraid one day to find himself face to face with Daw Aung San Suu Kyi, Total CEO Christophe de Margerie commented: "As for Aung San Suu Kyi, I would meet her again with pleasure because we have already met. I know what the Lady told me. I promised to reveal nothing about our exchanges. But I can tell you this: she has never asked me to leave Burma. Never! That, for me, is important. I can even assure you that she would prefer to work with us, rather than with others." Yahoo/AFP News - 11 September 2009
Two Singapore banks have rejected a report by a US-based rights group that said Myanmar's ruling junta deposited billions of dollars with them. DBS Group Holdings and Overseas Chinese Banking Corp (OCBC) said in separate statements late Thursday that there was no truth in the report by Earth Rights International (ERI). "ERI's report is categorically untrue and without basis," a DBS spokesperson said in the brief statement. A spokesperson from OCBC also rejected the report, as did a spokesperson for Total. Meanwhile CDA Collaborative Learning Projects have responded in firm and measured tones to a second report by ERI called "Getting it Wrong" which criticised CDA methodology in evaluating Total's Socio-Economic Programme in the Yadana corridor.
On 16 October 2009 Total published on their website an Update about their presence in Myanmar, which includes a detailed critique of the main ERI report. In December 2009 ERI issued a further rebuttal.
General Assembly UNGA Resolution of 24 December 2010 on the Situation of Human Rights in Myanmar 2009 UNGA Resolution of 23 December 2009 on the Situation of Human Rights in Myanmar UN Department of Information Press Release [Resolution voting pattern in Annex I]
2008 UNGA Resolution of 24 December 2008 on the Situation of Human Rights in Myanmar UN Department of Information Press Release [Resolution voting pattern in Annex VII] Statement by the President of the UN General Assembly 17 March 2008
2007 UNGA Resolution of 22 December 2007 on the Situation of Human Rights in Myanmar UN Department of Information Press Release [Resolution voting pattern in Annex IX]
2006 UNGA Resolution on 22 December 2006 on the Situation of Human Rights in Myanmar UN Department of Information Press Release [Resolution voting pattern in Annex II]
2005 UNGA Resolution on 23 December 2005 on the Situation of Human Rights in Myanmar UN Department of Information Press Release [Resolution passed by consensus]
[For all previous years and for Resolutions of the UN Human Rights Commission/Council] Text of the Rome Statute of the International Criminal Court - 17 July 1998 |
Derek Tonkin writes: 
An excellent account of developments on human rights issues during the past twelve months. 
Special Themes
• International Crisis Group• Google Map of Yangon
• Myanmar CSO Statistics
• ILO in Myanmar
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Nat's Wife
