Thursday, July 26, 2007

Burma: Human Cost of Endurance at its staggering peak.

Date : 2004-04-21
Burma: Human Cost of Endurance at its staggering peak.
By Zin Linn

The Burmese military junta must stop its lethal dance once and for all. What the Junta is trying hard is to defend its status quo without repealing all those oppressive laws which prohibits the free exercise of freedom of speech. Under such oppressive situation, it is afraid that the National League for Democracy will not attend the so-called National Convention.

Today, Burma's political crisis is no more a national problem, but it has transformed into an international issue.

Since of late, European Union member states have begun to adopt a harsher stance towards Burma’s ruling junta.

At the EU foreign ministers meeting held in Ireland on last 17th, they unanimously resolved on thorny issues connected with Burma. Accordingly, EU has insisted that Burma's military regime should release immediately the opposition leader Aung San Suu Kyi, from house arrest. They further resolved that if in case Burma continues keep Aung San Suu Kyi in home arrest, EU will not invite Burma to join the Asia Europe Meeting scheduled to be held later this year.

After the junta's 30 March announcement to reconvene the suspended national convention, several countries and the United Nations have called for the release of the Burma’s opposition leader, who has been under house arrest since her National League for Democracy party clashed with the junta-backed thugs and hirelings on last 30th May.

U.S. State Department spokesman Richard Boucher too emphasized that unless Aung San Suu Kyi is released, the convention will be completely discredited.

"It certainly is quite clear to us, as it has been for a long time, that Aung San Suu Kyi and her other leaders of the National League for Democracy needs to be released from prison so that they can participate fully in preparations for national reconciliation and democracy," said Boucher in one of his press briefings. He further added: "For any kind of constitutional convention to be successful, the political opposition and ethnic groups must support it and they must be involved in preparations for it"

When someone started to think over Burma's political impasse, he should deeply take into account its past history. In March 1962, a gang of army senior officers led by Gen. Ne Win staged a military coup, formed a self-styled military administration dominated by the military officers and disbanded all democratic institutions including the press and media in Burma.

Subsequently there emerged in 1964, the one and only political party - Burma Socialist Program Party (BSPP). No other political parties and NGOs were tolerated in the country by the junta.

Afterward, Burma was internationally isolated and the world even began to ignore the human rights abuses which were rampant in country for well over a period of 26 long torturous years.

The army generals took to highhanded acts of brutally cracking down political and economic protests continuously, peoples outrage flared up and on 8 August 1988 public demonstrations were staged throughout the country. The nation-wide people's uprising of August 8 was ruthlessly massacred and the Burmese armed forces ordered by the junta to shoot and kill innocent protesters to quell the uprising. Well over three thousands civilians which include primary-school children, pregnant women, Red-cross volunteers, even Buddhist monks and nuns were shot and killed.

Since then, a military junta, called itself as the State Law and Order Restoration Council (SLORC) and later as the State Peace and Development Council (SPDC), is ruling the country with a rod of iron, without a constitution or a legislature. Pro-democracy activists and human rights supporters were targeted for arrest, torture and discrimination.

The charismatic Burmese leader Aung San Suu Kyi was arrested in July 1989 and placed under house arrest. In 1991 she was awarded the Nobel Peace Prize for her firm commitment to non-violence resistance and for her unceasing struggle for political reforms in Burma. Despite her detention in 1989, her party, the National League for Democracy (NLD), won a landslide victory in the 1990 parliamentary general elections widely known as a referendum on the country’s military rule. Subsequently the military regime manipulated to consolidate its hold on to power, and began to unleash oppression and harassment on the leaders of the NLD in an attempt to do away with the NLD as a whole.

For those atrocities, the junta was relegated as a worst regime involved in the most notorious and heinous acts of human rights violation. The practice of extrajudicial killings and confiscating of people's land and properties has become the junta's daily routine.

Since the 1988 crackdown, hundreds of thousands of Burmese citizens were refugees and more number of them as internally displaced persons. A significant number of the students who were at the forefront of the 1988 uprising have been forced into exile in the neighboring countries. Over two millions people have been forced as illegal migrants workers in the neighboring countries. Economic exploitations, political harassment, religious discriminations, forced labor, forced conscription, sexual assault and forced relocations are adduced as causes for the Burmese human exodus.

Forced labor has become one of the most widely prevalent violations of human rights where village-folks are forced to become porters carrying military equipment and supplies. Soldiers used these porters as human mine-sweepers and compelled them to walk ahead of the troops. Young women and girl porters are often treated as sex-slaves facing gang rape and torture.

Political dissidents continue to be imprisoned in the most appalling conditions. Prison conditions are harsh and inhumane. Unsympathetic treatments including physical and mental tortures are common practice. Prisoners are often shackled and put into solitary confinement for years without having fresh air, fresh water, sunshine and proper medical care. Higher death-tolls in prisons are commonplace.

Public skepticism has overwhelmed over the reconvening of national convention which was recently announced by the SPDC, as currently, no apparent changes has taken place. National convention to draft a new constitution for the country was previously set to start later this year, but now it is set to begin on May 17, according to media reports.

As the junta’s inhumane and insincere tactic are well known, therefore it is foretold that the so called National Convention would not lead the country to anywhere that far towards genuine democratic principles and goal.

According to public opinion in Rangoon, the announcement on the reconvening of the National Convention has two main targets:

1. To deceive the international community in pursuit of lifting sanctions - and

2. To persuade regional governments to support a military cabinet as a legal government of Burma in the 2006 ASEAN Summit.

Amnesty International has published a timely new report on 31 March 2004. According to the report, the human rights situation in Burma remains serious and it reveals that there are an estimated 1300 to 1400 political prisoners, many of them are said to be “prisoners of conscience.” Arrests, surveillance, and intimidation of members of opposition political parties continue in the run-up to the National Convention.

"To demonstrate their commitment to all-inclusive, transparent National Convention Process, the junta must release all prisoners of conscience immediately and unconditionally. Selective release of a few individuals will not dispel an atmosphere of fear and repression that could undermine the National Convention process," Amnesty International stated.

In particular, Amnesty International proclaims that the regime must guarantee the rights to freedom of speech and association during the National Convention and that no one is to be arrested for exercising those rights. Similarly, it is vital that human rights safeguards be incorporated in the draft constitution. The majority of Burmese people agree with AI's view that the National Convention should be a fully democratic forum.

At the time of the last National Convention process from 1993 to 1996, some delegates were sentenced to long terms of imprisonment for expressing criticism about the process.

Dr. Aung Khin Sint, the NLD MP for Mingalar Taung Nyunt Township of Rangoon, and U Than Min of the Township Executive Committee of Mingalar were arrested in August 1993 and sentenced - former to 20 years and the latter 34 years imprisonment for distributing leaflets that criticizing the undemocratic clauses adopted in the National Convention, including the ban on freedom of speech.

In addition, Dr. Khin Zaw Win (Ex-UN Staffer and research writer),San San Nweh (Prominent Novelist), Myat Mo Mo Tun (daughter of San San Nweh), Khin Maung Swe (NLD MP for Sanchaung Township), Sein Hla Oo (the NLD MP for Insein Township), Soe Thein (aka) Maung Win Tha (NLD MP for Waw Township, Pegu), Thein Tin (NLD EC of Rangoon Division)and Kyaw Min (NLD MP for West Bassein, Irrawaddy) were arrested in August 1994, accusing them of spreading information injurious to the state, especially the National Convention.

In order to highlight such misconduct of the junta, Amnesty International has pointed out in its 31 March 2004 report: "To demonstrate their commitment to all-inclusive, transparent National Convention Process, the SPDC must release all prisoners of conscience immediately and unconditionally. Selective release of a few individuals will not dispel an atmosphere of fear and repression that could undermine the process. Reform of the criminal justice system including reform of legislation which has long been used to stifle political dissent should also be given priority with the transition process."

On 9 April 2004, the Central Executive Committee of the NLD has released a strong statement calling to repeal the State Law and Order Restoration Council's Law No 5/96 , which was publicly announced on 7 June 1996.

The law was signed by the then SLORC Chairman Sr. Gen Than Shwe and promulgated after the National Convention was adjourned in 1996. The Chapter II of Law No: 5/96:

Prohibitions

3. No one or no organization shall violate either directly or indirectly any of the following prohibitions:-

(a) inciting, demonstration, delivering speeches, making oral or written statements and disseminating in order to undermine the stability of the State, community peace and tranquility and prevalence of law and order ;

(b) inciting, delivering speeches, making oral or written statement and disseminating in order to undermine national reconsolidation ;

(c) disturbing, destroying, obstructing, inciting, delivering speeches, making oral or written statements and dissemination in order to undermine, belittle and make people misunderstand the functions being carried out by the National Convention for the emergence of a firm and enduring Constitution ;

(d) carrying out the function of the National Convention or drafting and disseminating the Constitution of the State without lawful authorization;

(e) attempting or abetting the violation or any or the above prohibitions.

The Chapter III of Law No: 5/96:

Penalties

4. Whoever violates any prohibition contained in section 3 shall, on conviction be punished with imprisonment for a term of a minimum of (5) years to a maximum of (20) years and may also be liable to fine.

5. If any organization or any person on the arrangement or abetment or any organization violates any prohibition contained in section 3, such organization may be-
(a) suspended for a period to be specified;
(b) abolished : or
(c) declared as an unlawful association under the Unlawful Associations Law.

6. All funds and property of an organization against which action is taken under section 5 may also be confiscated.

According to one Central Executive Committee member, the law was promulgated only after the National Convention was adjourned in 1996 due to the NLD's walk-out from the meeting. That is why the law needs to be repealed before the National Convention is reconvened. All citizens must be allowed to speak out and discuss about the constitutional issues. They must be able to discuss about the National Convention freely without any restriction and threat.

Subsequently, on 16 April, the Central Executive Committee of the NLD released a strongly worded statement calling for the unconditional and immediate release of Daw Aung San Suu Kyi and U Tin Oo, and also demanding to reopen all the NLD offices as well as to reform all undemocratic practice and principles of the National Convention if the SPDC wants NLD to participate in the convention.

Moreover, there is a major demand in the NLD's statement claiming that it is inevitable sitting at the dialogue table to negotiate basic political thorny issues that are at present prevalent in the midst of all parties, including the SPDC's decision-makers, prior to convening the National Convention. If the generals continue to neglect the meaningful political dialogue, the NLD will not attend the meeting.

"We had asked the authority to liberalize the proceedings of the National Convention in 1995. Now, everybody wants to know what we will do. All I can say now is, it doesn't make sense if we go back to the National Convention before we can solve the issues that we had raised in 1995," said U Lwin, the NLD senior leader.

One cannot predict a certain fact or situation in Burma. As long as the junta stubbornly refused to sit at a meaningful dialogue table with its political oppositions while continuing its atrocious tactics of manhunt and intimidation, it will cause major unrest at home as well as in the region. And also will have to face more and more socio-economic problems.

Burma's political impasse, economic collapse and social unrest are aggravated not because of the sanctions but the junta's conventional practice of inhumane and insincere way of solving the country's problems. Especially, it always looks ways to prolong its military power and never gives priority to restore democracy and peace in Burma.

However, in such a turning-point of history, if the junta has no idea of releasing all political prisoners, sitting at the dialogue-table, repealing all oppressive laws and giving way to freedom of press and freedom of assembly, Burma will be in a state of status quo or an isolated rogue state and people have to live in miserable conditions.

- Asian Tribune -

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