Zin Linn
January 9, 2007
The Association of South-East Asian Nations (ASEAN,) should step up pressure on Burma/Myanmar over the slow pace of democratization at the forthcoming regional summit beginning on January 10 in the Philippine island of Cebu .
Over a decade, ASEAN has approached Myanmar military regime through a policy of "constructive engagement" in the hope of leading to democratization and the release of political prisoners including Nobel laureate Aung San Suu Kyi. Although the junta released over 2,800 prisoners on Burma's 59th Independence Day (January 4, 2007), there were only about 50 political prisoners who have finished serving their jail-term. But, important prisoners such as U Win Tin (Journalist) and Khun Tun Oo (Shan ethnic leader and Member of Parliament) were not in the list of those released.
Burma keeps the title of the most repressive regime in ASEAN, despite promises of political reform, economic transformation and national reconciliation by its military junta, the State Peace and Development Council (SPDC). The SPDC restricts the basic rights and freedom in all walks of citizen's life and all ethnic tribes in Burma. It continues with various restrictions on the National League for Democracy (NLD) and its leader Aung San Suu Kyi who is under house arrest for several years. The junta also continues to use inhumane atrocities in ongoing civil wars with ethnic minority rebel groups.
Looking back into past, it's easy to see the real culprit holding up national reconciliation and democratic transition in Burma. The people of Burma still have vivid memories of the July 7 massacre in 1962, the June 6 massacre in 1974, the August 8 massacre in 1988 and the May 30 Black Friday massacre in 2003.
After the 1988 uprising, in which the junta cold-bloodedly gunned down thousands of its own people, Burma's military has commanded little respect. The military regime's negative response to the victory of the NLD in the 1990 elections further tarnished its horrendous image.
In 1992, the junta's 11/92 Declaration announced the convening of a National Convention on January 9, 1993. The military arranged the participation of 702 delegates from eight social strata, including a group of elected representatives from the previous election. The declaration did not go with the previous 1/90 Declaration on several points.
According to 1/90, all representatives-elect in the 1990 elections have the right to participate in the National Convention. But the 11/92 Declaration said only 99 MPs or 15.24 percent of elected representatives were invited. The rest of the delegates were hand-picked by the junta. Under the military's six objectives and 104 principles, representatives were unable to propose any democratic ideas.
That's why the NLD submitted two letters to the Chairman of the National Convention Convening Committee, which said "We find that there is need for discussion and amendments because the purpose of the National Convention is to construct an authentic democratic state which is the earnest desire of the people and basic democratic principles must be written into the constitution which means that the foundation for democracy is being laid."
A third letter from the NLD said their representatives would stop attending the convention until proper discussion and participation was allowed. The National Convention Commission expelled the NLD representatives in less than 48 hours. The convention was abandoned in 1996, as it had lost legitimacy.
On June 7, 1996, the State Law and Order Restoration Council released Law No 5/96 signed by the then SLORC Chairman Sr. Gen Than Shwe. Chapter 3 of the law said anyone violating the new regulations would be punished with a minimum jail term of five years and a maximum sentence of 20 years. The law was intended to curb freedom of expression.
The National Convention, which was the first step of the junta's seven-point road map to democracy, reconvened on May 17, 2004 and again the NLD representatives were not accommodated. Several other political parties including the Shan National League for Democracy and Karen, Kachin, Chin, Arakan, Mon and Karenni groups said they would boycott the meeting.
When the National Convention resumed without these groups, delegates presented a variety of papers and proposals on the new constitution and in June representatives from 13 cease-fire groups did the same, calling for democracy and significant state or district power.
But convention chairman Secretary-1 Lt-Gen Thein Sein and convention secretary and Minister for Information Brig-Gen Kyaw Hsan dismissed the document. The convention was postponed to February 17, 2005 and was suspended again on March 31.
The NLD has made clear representatives would not join the convention until top leaders, Aung San Suu Kyi and Tin Oo, are released from house arrest. But the military reshuffle late last year has made things harder for the opposition.
The roadmap and the convention are bogus and are designed only to prolong military rule.
In her 'Letters to a Dictator' Aung San Suu Kyi said, "The important point is that the NLD has repeatedly written to the SLORC asking for a dialogue. The party has done this because it believes that the only way to solve the current problems, including those of the National Convention is through a substantial dialogue. We strongly believe that there is no other way."
But the SPDC responded through an article in its organ the New Light of Myanmar daily. It said, "the solution to the problems in Myanmar democracy transition is review not dialogue".
But dialogue is precisely what the United Nations has called ad infinitum to gain genuine national reconciliation. ASEAN should demand a genuine reconciliation dialogue between the pro-democracy opposition, ethnic leaders and the regime.
During last 15 years, the United Nations has been unproductive in dealing with the Myanmar military regime regardless of its efforts. The UN General Assembly has passed its resolutions per annum calling for change as well as dialogue in Burma/Myanmar; all have been disregarded by the military rulers. The UN Commission on Human Rights also passed more than a dozen consecutive resolutions, which went similarly unobserved.
The European Union, the United States, the United Nations and human rights groups consider the convention a sham as most important opposition groups were not allowed to participate. Remarkably, Nobel peace laureate South African Archbishop Desmond Tutu and Former Czech president Vaclav Havel, presented a damning report to the United Nations, calling on the world body to take new steps to push the junta to reform.
The Special Rapporteur on Human Rights in Burma, Paulo Sergio Pinheiro also presented a report to the UN General Assembly, detailing the junta's serious human rights violations and demanding the release of the 1,100 political prisoners.
Nevertheless, the junta decided to reconvene the National Convention, after a break of nearly nine months, on October 10, 2006, inflexibly going against domestic and international calls. The convention resumed its works of drafting principles for a new constitution which is the first phase of the 7-step roadmap. But, there is no anticipated time-frame for completing its constitution drafting function.
Even though, some SPDC officials have predicted that the convention may be wrapped up by 2008 and a referendum will be held in order to make a new constitution by which new elections have to follow. However, the process may not be regarded as true political reform as the junta continues its crack down on the opposition, especially on the NLD and the 1988 student-generation group.
The last session of the national convention, which adjourned on last December 29, 2006 after more than two months of deliberations, laying down basic detailed principles for drawing up a new state constitution has discussed all the remaining chapters of "Election ", "Political Parties", "State of Emergency", "Amendments of Constitution", "State Flag, State Emblem, National Anthem and Capital", "Transitory Provisions" and "General Provisions".
The national convention started in 1993 but first adjourned for eight years from April 1, 1996 to May 16, 2004 and formally resumed on May 17, 2004. Since then it has laid down detailed basic principles for eight chapters out of 15 -- "The State Fundamental Principles (104 basic principles)", "Structure of State", "Head of state", "Legislature", " Executive", "Judiciary", "Armed Forces" and "Citizenship, Fundamental Rights and Duties of Citizens".
Although the SPDC has vowed to go ahead with its controversial convention, it will have to encounter numerous external pressures to accelerate the process and let it to be an all-encompassing meeting. For, the United Nations Security Council has allowed thrashing out the country's crisis in its formal agenda. There may be a different point of view between the US-EU and China-Russia over how to deal with the Burma/Myanmar issue. But, the country's economic downward spiral may become a more influential factor.
Burma's economy has remained stagnant in 2005-2006, as inflation is going up as much as 50 percent. According to the UN reports, 75 percent of the people live under the poverty line and 25 percent of household are below minimum subsistence level, half of rural families are landless, 2.2 percent of adults (up to 6000,000 people) are suffering HIV positive and around 50,000 die yearly. Moreover, one-third of the children are undernourished and one-tenth of them die before five years of age. The country is faced with 600,000 new cases of malaria and 100,000 new cases of tuberculosis annually. But, in 2004, the SPDC spent $ 22,000 for 600,000 HIV patients and $ 300,000 for TB patients (one-third of the population). In the meantime, the junta spent $1 .10 per citizen on education and $ .4 on healthcare, compared to $400 on each soldier.
Due to the economic downturn caused by the military's mismanagement, there is an estimated 1.5 to 2 million Burmese living in Thailand. Of these, approximately 140,000 Burmese are living in the nine established refugee camps along the Thai-Burma border.
According to the Economist Intelligence Unit (EIU), referring Asian Development Bank (ADB), the total public sector deficit reached around six percent of the GDP for 2004-2005. Heavy losses by the country's state-owned enterprises (SOEs) typically account for over 60 percent of the overall deficit. The junta's fiscal position is also weighed down by high off-budget spending on its huge armed forces. Such corollary has resulted due to the junta's draconian policies that led to economic and social decline proved by sky rocketing commodity-prices and rates of inflation.
In such a situation, ASEAN members are going to review a draft ASEAN Charter in January 2007 which will be the first of its kind of ASEAN code of conduct. But, it is uncertain whether the charter will include an option of expelling a member which pays no attention to its bylaw. The people of Burma are hoping for a turning point in history, and the international community, especially regional players China, India, Japan and ASEAN members have a role to play in changes in Burma.
When UNSC made a decision on September 15, 2006, Burma 's military junta expressed appreciation to China and Russia for having "stood steadfastly on the side of Myanmar," The New Light of Myanmar newspaper reported. The ruling junta also condemned Japan for reversing its position on Burma. Because Japan had previously joined with China and Russia in opposing UN Security Council action against Burma, but was among 10 of the 15 council members which voted to place the junta on the council's agenda. Nonetheless, Burmese people keep an assumption in mind - Countries that neglect the entire Burmese people's sufferings and give supports to military dictators are helping to prolong the inhuman reign of terror under fascism.
Japan and ASEAN in particular should try to persuade China to cooperate in finding a solution to the 'Burma question'. Regional players should discourage the military regime from repeating a misleading anti-dialogue policy that keeps the people of Burma in a state of despondent atmosphere.
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Zin Linn is a freelance Burmese journalist in exile. He spent nine years in a Burmese prison. He is an executive member of the Burma Media Association, which is affiliated to the Paris-based Reporters Sans Frontiers.
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