Presentation made by Dr. Thaung Htun
Representative for UN Affairs, NCGUB

Honorable Mr. Secondo Zani, ladies and gentlemen,

First of all I would like to express my gratitude to Mr. Secondo Zani as well as his colleagues from the Development Committee-Human Rights Group for conducting this hearing particularly at this critical juncture in our motherland, Burma. This hearing itself manifests that the situation in Burma is of concern to the international community. Violations of human rights in any part of the world are of universal concern because they constitute a threat to international peace and security and also because promotion and protection of human rights and fundamental freedoms are essential elements for peace and prosperity of all humankind.

The situation of human rights in Burma has been discussed every year at the UN Commission on Human Rights and the UN General Assembly since 1992. Consecutive resolutions adopted by consensus at these sessions reflect the actual situation in Burma and also include recommendations for the Burmese regime to implement. However, the Burmese generals until now have refused to cooperate with the United Nations or to comply with the requests of the UN Secretary General. That has been the main reason why successive UN Special Rapporteurs on Human Rights and Special Envoys of the UN Secretary-General have not been successful in their efforts to improve the human rights situation and achieving national reconciliation in Burma.

The attack on the entourage of Daw Aung San Suu Kyi on May 30, 2003, widely known as the “Tabayin (Depayin) Massacre” constituted serious setbacks to the prospects for national reconciliation and overall human rights situation in Burma. Even though the UN General Assembly and UN Commission on Human Rights have urged the military regime to conduct an investigation, there has been no response from the SPDC. No investigation has been made and no legal action has been taken against the perpetrators of the attack. Instead, victims of the Tabayin massacre are being pursued and arrested and some subjected to long prison terms. Furthermore, National League for Democracy (NLD) members and supporters who welcomed and extended support to Daw Aung San Suu Kyi during her tours of upper Burma last year are still being intimidated, harassed, and arrested.

The NLD meanwhile had filed a legal brief to gain the release of Vice Chairman U Tin Oo and Daw Aung San Suu Kyi from detention. But, the courts in Rangoon and Mandalay fearing reprisal by the regime rejected it on August 17, saying no affidavits were attached with the submission.

The NLD has now launched a nationwide signature campaign to ask for the reopening of NLD Offices, and the release of Daw Aung San Suu Kyi, U Tin Oo, and all other political prisoners. The Military Intelligence and members of the regime's affiliated wing Union Solidarity and Development Association are intimidating and harassing NLD members over the campaign. NLD members were summoned and asked to sign undertakings to stop the campaign and in some cases, papers with the signatures were confiscated. Some civil servants were also dismissed for signing the petition.

Being elected by the people to an office is an honor everywhere, but not in Burma. In my country, those elected in 1990 general elections are treated more like criminals than parliamentarians. MPs are under constant watch by the Military Intelligence; they are subjected to intimidation and harassment; MPs and their families considered as enemy by the military are even deprived of business opportunities for their livelihood. Since May 30, the authorities have been pressuring MPs to give up their MP statuses and arresting those who refuse under various excuses. As of 23 August, 16 elected MPs of the 1990 general elections have been documented as languishing in Burmese prisons.

There has also been an increase in politically motivated arrests of students, monks, and NLD members, who are being given harsh prison sentences. Examples of these abuses are elaborated in my written submission and I will not go into details here.

Since the Tabayin incident of May 30 last year, 420 people have been arrested but 180 of them were released later. The remaining 240 people are now in prison. The total number of political prisoners who could be accounted for now is 1,585.

The ongoing human rights violations in the ethnic areas, especially the Karen, Karenni, Shan, and Chin areas, where forced relocations, forced labor, rapes, arbitrary killings, and confiscation of land and property are taking place are also of major concern. The ILO’s efforts to end forced labor have not seen much progress as the regime lacks seriousness in cooperating with it. The ILO's plan to implement a joint plan of action has to be postponed since the regime arrested and punished people who provided information on forced labor to the ILO. UN Special rapporteur’s plan to investigate into incidents of rapes committed by the Burmese Army has also been obstructed.

While the human rights situation is deteriorating, the regime is stepping up its attempt to establish a military dominated government by convening the "National Convention" -- a strictly controlled and orchestrated process which all major legal political parties, like the NLD and the Shan Nationalities League for Democracy which won the 1990 elections, have refused to participate in.

From the "Six Objectives" and the "104 Principles" set as non-negotiable at the convention by the regime, it is obvious that the generals are after a constitution which will legitimize an authoritarian centralist government with very few checks and balances. Under that constitution, the military will be entrenched in every institution of State, including the Union and regional legislative assemblies, and will effectively be established as an ultra-constitutional organization. It will override the constitution and remain above the law. Ultimately, all powers will be bestowed on a "President" who must have "military service" and who will have absolute authority.

In addition, the military-preferred constitution does not guarantee freedom of association or speech or media, or political activity, and there is no provision for human rights protection. In fact, there are no guarantees of equal rights or any special protection for the ethnic nationalities.

At the recent convention attended by an overwhelming majority of "representatives of Workers, Peasants, Civil Servants, Intellectuals, and Ethnic Nationalities" handpicked by the regime, 13 ceasefire groups submitted a joint proposal asking that state and regional parliaments be given more autonomy and authority in making laws particularly in important areas like defense, security, border affairs, management of natural resources, taxation, environmental preservation, commerce including border trade, preservation of ethnic languages, literature and culture. The joint proposal also suggested having a separate constitutional chapter on ethnic affairs, the right to use ethnic languages as official languages in respective states, and to adopt their own constitution, provided they do not contradict the Union Constitution.

The proposals were rejected and prevented from being discussed at the plenary session. The National Convention was adjourned on 9 July.

For obvious reasons, the process opted by the generals instead of becoming a vehicle for national reconciliation and democratization, will only increase political tension within the Burmese society. Only a credible and all-inclusive transition process can ensure peace and harmony in Burma.

The generals need to respect and guarantee the basic human rights of the people. All restrictions on the freedom of expression, movement, information, assembly and association must be lifted, and security laws which restrict basic human rights and participation of the people in the political process must be repealed. Political parties must be allowed to reopen their party offices and conduct peaceful political activities. All political prisoners must be released immediately and unconditionally.

Most importantly, Daw Aung San Suu Kyi and NLD Vice Chairman U Tin Oo must be released from house arrest, dialogue between NLD and the generals should be revived under the facilitation of UN Special Envoy, and a course of action that can lead to national reconciliation and democratization should be explored.

Hostilities and human rights violations in the areas of non-Burman ethnic nationalities must be stopped, a nationwide ceasefire must be declared, and an enabling environment that ensures the participation of all ethnic nationalities must be created.

In light of the deteriorating situation of human rights and the regime's unwillingness to find a negotiated political settlement in Burma, we would like to request the European Parliament to recommend the European Council to:-

1. Not allow Burma to attend the ASEM meeting in Hanoi in October unless conditions set by the EU have been met

2. Strengthen the EU Common Position on Burma by including measures that allow the imposition of targeted sanctions against businesses which are monopolized by the regime and through which the regime is benefiting

3. Call on the UN Secretary-General to convene an International Consultative Meeting for Burma to formulate a concerted and proactive international strategy towards Burma.

4. Call on the members of UN Security Council to bring Burma on its agenda.

Thank you.

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