Open Letter to ASEAN Nations: Widespread Human Rights Violations In Burma Ignored by ASEAN UPR Delegates

By Task Force on ASEAN and Burma • February 11, 2011

Subject: Widespread Human Rights Violations In Burma Ignored by ASEAN UPR Delegates

Your Excellencies,

We are writing to you to express our dismay at the statements by ASEAN Member States during the Interactive Dialogue of the Universal Periodic Review of Burma.

On 27 January 2011, the United Nations Human Rights Council examined Burma’s human rights record during the country’s first Universal Periodic Review (UPR). This review provided a vital opportunity to highlight the widespread human rights violations in Burma and engage with the State Peace and Development Council (SPDC) on ways to improve its human rights record.

However, statements from ASEAN nations neglected to recognize the failings of the SPDC to promote and protect the human rights of its people and instead congratulated the SPDC on recent developments such as the drafting of the Constitution and the 2010 elections – both of which were carried out with complete disregard of basic human rights, and will further entrench a culture of impunity and lack of rule of law in Burma.

ASEAN Delegates presented statements “congratulating,” “commending,” “welcoming,” and “appreciating” the SPDC’s efforts to improve its human rights record in the country, largely overlooking and distorting the reality that the SPDC has been the main perpetrator, rather than defender, of systematic human rights violations in Burma. Delegates overlooked much of the regime’s key human rights failings, and even presented an image of an alternate reality in their UPR statements. In spite of all of the SPDC’s “progress,” over 2,100 political prisoners remain behind bars, and ethnic communities throughout Burma face continued persecution and attacks from Burma’s army.

Despite such atrocities, the Lao PDR delegation stated that they “recognize and support Myanmar’s every effort to improve living standards and guarantee multi-ethnic groups people in the Union of Myanmar to enjoy their obligations, duties and rights in accordance with national law and legislation of the country.”

In reality, the regime, rather than safeguarding the rights of ethnic communities, systematically violates them. Over 3,000 villages in ethnic states were excluded from voting in the polls. Since the elections, over 25,000 civilians have fled from armed conflict between Burma’s army and a brigade of an ethnic armed group, the Democratic Karen Buddhist Army (DKBA). The resulting humanitarian crisis has had far reaching regional ramifications, with several thousand civilians displaced in Thailand unable or afraid to return to their homes.

Moreover, ASEAN delegates seemed content to flatter and praise the SPDC for holding what can only be described as undemocratic elections. “We welcome the positive developments in Myanmar recently,” stated the Indonesian delegate, “including the holding the general elections and the release of Daw Aung San Suu Kyi and the real and potential positive changes that these development bring about in the social and political life of the people of Myanmar.”

Indonesia’s statement fails to acknowledge that the new parliament, elected undemocratically through the fraudulent November elections, hardly represents a departure from the previous regime; the same authoritarian generals who have taken key leadership positions will continue to privilege their own interests over the rights of Burma’s citizens.

Moreover, the new parliament has brought into effect the 2008 Constitution, which is, on many levels, highly problematic and largely unconstitutional. Key articles in the SPDC’s Constitution serve to severely undermine fundamental human rights. Article 445 constitutionalizes impunity for agents of the state, while article 420 allows the Commander-in-Chief of the Defense Services to render all human rights void during a “state of emergency,” a phrase commonly used and abused by the regime to excuse their repressive and oppressive actions.

Indonesia’s weak statement sets a worrying precedent for the country’s approach to human rights in Burma. As the chair of ASEAN and the ASEAN Intergovernmental Commission on Human Rights (AICHR) in 2011, Indonesia must use this important opportunity and refuse to be complacent while ongoing human rights violations and state impunity continues their reign in Burma. As Indonesian Foreign Minister Dr. Marty Natalegawa stated recently, “Indonesia hopes that in 2011, the ASEAN Human Rights Commission will be more effective in fulfilling its mandate. This will be a reflection of ASEAN member countries’ commitment to respecting human rights.”

ASEAN nations must recognize that by ignoring and concealing the regime’s role in perpetrating human rights violations in Burma, they are tacitly sanctioning such acts and allowing them to continue unabated. Without concrete and actionable recommendations that firmly address Burma’s human rights record, there will be little change in the lives of the people of Burma.

We call on you to redouble your efforts to pressure Burma’s military regime to:

Release all political prisoners immediately and unconditionally
Cease all attacks on ethnic communities and democracy activists
Review the 2008 Constitution to ensure it is in line with international human rights law, and where necessary, repeal sections that allow for the violation of human rights in prescribed circumstances, including articles 354, 420, 445.
Hold genuine tripartite dialogue with all stakeholders, including ethnic representatives and democracy groups

We, the undersigned are ready to work with ASEAN to help develop effective solutions to the situation in Burma.

Sincerely Yours,

Task Force on ASEAN and Burma (TFAB)
Assistance Association of Political Prisoners – Burma (AAPP-B)
National Health and Education Committee (Burma) – (NHEC)
Students and Youth Congress of Burma (SYCB)
Human Rights Education Institute of Burma (HREIB)
Altsean-Burma
Burma Partnership (BP)
Forum for Democracy in Burma (FDB)
Burma Lawyers’ Council (BLC)
Ta’ang Students and Youth Congress of Burma (TSYO)
Nationalities Youth Forum (NYF)
Generation Wave (GW)
Burmese Womens’ Union (BWU)
All Arakan Students’ and Youths’ Congress (AASYC)
KRuHA – Indonesia / People’s Coalition for the Right to Water
Centre on Housing Rights and Evictions (COHRE)-Asia office
Foundation for Media Alternatives (Philippines)
Thai Committee for Refugees (TCR)
Action for Economic Reforms
Burma Campaign UK (BCUK)
Solidaritas Indonesia untuk Burma (SIB)
Free Burma Coalition – Philippines (FBC-Philippines)
Building and Wood Workers International Asia Pacific Region (BWI)
Initiatives for International Dialogue (IID)
World Forum for Democratization in Asia
Jaringan KuALA, Aceh – Indonesia
Philippine Alliance of Human Rights Advocates (PAHRA)
Freedom from Debt Coalition (FDC), Iloilo Chapter, Philippines
Ted Alwin Ong-Freedom from Debt Coalition (FDC), Iloilo Chapter, Philippines
Joselito Vasquez, member Board of Trustees, FDC, Philippines
Roberto E. Benedicto, USA
Pacita Santander Kimijima, Japan
Louella Deocampo, USA
Teodorico Navea, Labor Organizer and Human Rights Activist, Philippines
Atty. Jose Melecio Pagtanac, Iloilo, Philippines
Eiline Delena, Canada
Lydia Narca- Human rights advocate and ex-political prisoner, Philippines
Toko Sugiyama, Japan
Niza Concepcion, Philippines
Muhammad Abrar, Pakistan

This post is in: ASEAN, Press Release

Open Letter to ASEAN Nations: Widespread Human Rights Violations In Burma Ignored by ASEAN UPR Delegates

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