Myanmar
Women’s
Affairs Federation
An
analytical review on the recommendation to the United Nations Security Council
to take action on
Myanmar
1.
Since the beginning of 2006, some of the western Countries have taken
greater effort in urging the UN Security Council to take action on
Myanmar
. Taking the opportunity on this situation, the dissident groups had issued the
reports, texts and dossiers made up with the false information as well as
exaggerations. At the same time some authors prepared their reports based on
those fabricated information and presented to the United Nations and its
agencies.
2.
In 2005, November, Myanmar Women's Affairs Federation had received
"An Analytical Review and Response to the Report "
authored by a group of
Myanmar
academics. The report was prepared with a view to respond to the fabricated
allegations from the report entitled "Threat to the Peace: A Call for the
UN security Council to Act in
Burma
" prepared by the Honourable Vaclav Havel and Bishop Desmond M. Tu Tu. In
responding report, the authors made analytical review on the allegations as
follows:
(a)
Regarding the allegations of destruction of villages, forced relocation
and external displacement, the authors pointed out that
Myanmar
government had targeted to strike out the insurgent groups who were involved in
poppy growing and drug trafficking. The root cause of these insurgencies was the
colonial legacy of the British's divide and rule policy among the nationalities
in
Myanmar
. However
Myanmar
government has made strenuous efforts for national reconciliation and gained
momentum, resulting peace agreement with seventeen ethnic armed groups. One of
the three national causes of
Myanmar
is non-disintegration of national solidarity. On this ground Myanmar Government
will never make destructive engagements to ethnic minorities.
With regard to the allegation of forced relocation problem, as
Myanmar
is
implementing the projects to develop a modern nation the existence of
relocation of the villages is unavoidable. However
Myanmar
government has provided compensations and other assistances to those who were
relocated to the suitable areas for new settlements.
Concerning the allegations of external displacement which led to the
instability of the region, the author made known that internationally and the
word refugees is defined as person who fled to other places when armed conflict
took place in the place of residence. Therefore all the externally displaced
people are not real refugees but those who seek greener pastures. Actually they
are migrants. Under the globalization process, there emerged such problems of
migrant workers both legally and illegally not only in Myanmar Thai border areas
but also in other areas of the world.
(b)
Regarding the allegations of forced labour, the distinguished writer
should be aware that
Myanmar
has been cooperating with the ILO in solving the issue of forced labour.
Accordingly,
Myanmar
government issued the two legislative order 1/99 and supplemented order 1/99 in
line with Convention 29. ILO accepted these orders as having provided the
necessary statutory basis. Since 2002, the ILO Technical Cooperation Mission
visited
Myanmar
and made discussion with
Myanmar
government.
Myanmar
also accepted a ILO liaison officer in
Myanmar
in cooperation with ILO. However, some quarters of ILO brought up an extraneous
domestic political issue and delayed the implementation of the plan. It is
evident that
Myanmar
is determined to realize the joint plan of action for the elimination of forced
labour. Thus the author pointed out that the reporters of such allegation are
not aware of what has been done in
Myanmar
.
(c)
With regard to drugs, the authors pointed out that the Report has
mentioned the fact that there is a decline in production in
Myanmar
. In tracing back into the history of Myanmar regarding drug eradication, it can
be found that successive government of the Union of Myanmar have waged a
relentless war on illicit drugs since 1948, after regaining independence. The
governments have always fully recognized the evil threat posed to mankind by
narcotic drugs. They are fully aware of a great need to eliminate the problem.
In the report of the Implementation of the first 5 years phase (1999-2000 to
2003-2004) plan, it was stated that the problem and menace of drugs have not
only affected the dignity and social norms of the state, but have also
threatened to the world community at large since the British colonists
introduced opium poppy to utilize it as a tool to colonize Myanmar, history
stands testimony that successive
Governments have seriously and consistently combated the source of drugs.
Myanmar
became a state party to the Single Convention on Narcotic Drugs on 25th July
1963. The Government enacted the Narcotic and Dangerous Drugs Law in 1974, and
established the Central Committee for Drug Abuse Control (CCDAC) in 1975.
A new Narcotic Drugs and Psychotropic Substances Law were enacted on 27
January 1993. Besides, the government has been cooperating very closely with UN
agencies and neighbouring countries.
Myanmar
is a signatory to the 1988 United Nation Convention against Illicit Trafficking
in Narcotic Drugs and Psychotropic Substances and the 1972 Protocol Amending the
1961 Single Convention on Narcotic Drugs. One allegation in the report was that
heroine and ATS are trafficked out to
India
,
Thailand
and
China
through specific land routes as well as by sea. It seems that authors of the
report are unaware that
Myanmar
is actively engaged in
sub-regional cooperation in drug abuse control with
China
,
Cambodia
,
Laos
,
Thailand
and
Vietnam
. Up to the present day, any official complaint from the neighbouring countries
has not received and this obviously shows that
Myanmar
has not and will not violate any article in the agreements.
(d)
In order to be effective in implementing a comprehensive HIV / AIDS
prevention and control programs, the Ministry of Health has established
National AIDS Committee under the chairmanship of the Ministry of Health.
Nowadays,
Myanmar
is cooperating with the UN Agencies, International NGOs and domestic NGOs in
Health Education, Caring the AIDS victims and conducting the program to
encourage the use of condoms and other activities in preventing and controlling
this disease.
(e)
With regard to the allegations of Child soldiers, the allegation stated
in the report as the recruitment of children for military services is seemed to
be based entirely on a report issued by Human Rights Watch and also seemed to
have derived from the statements of military deserters with dubious credibility
living in the neighbouring country but not on information obtained from any
official sources. There could be misunderstanding regarding this issue. Myanmar
Defence Services is recruiting soldiers in accordance with " the Defence
Services Council Instruction for the Recruitment of soldiers". The new
recruitment must be at least 18 years of age and not older than 25 years in
addition to other prerequisites such as sound health, the height and educational
status. He must also have the desire to serve in the army. The Government has
also formed a Committee on the Prevention and Control of the recruitment of
Child Soldiers to ensure that the rules and instructions are strictly adhered to
for the protection of children. Ms. Caroll C Long, the UNICEF Resident
Representative, has also visited army recruitment camp to witness how
recruitment is conducted. Since peace has already been restored in entire nation
and
Myanmar
certainly is not a country at war where the recruitment is in emergence.
3.
Mr. Paulo Sergio Pinheiro, the Special Rapporteur of the Commission on
Human Rights had submitted an interim report to the sixtieth session of
General Assembly in accordance with the request of the Commission. Consequently
the Myanmar Women’s Affairs Federation has made an analytical review on this
report.
4.
According to the Report, the Special Rapporteur mention that he had made
his recommendations on the human rights situation in
Myanmar
since past six years but the Government has not implemented. He also pointed
out the stagnancy of the transition process, the lack of progress towards nation
reconciliation and deteriorating humanitarian situation.
5.
It also stated that meaningful political, economic, legislative and
judiciary reform is essential to moving
Myanmar
out of the current situation. The Special Rapporteur made his strong support to
the recent report of the Secretary General to the General Assembly requesting
the Government of Myanmar to resume without further delay to make dialogue with
all political actors including NLD and with all the representatives of the
ethnic national groups and by June 2006, all political prisoners should be
released, all constraint on political action should be lifted; all the offices
of NLD should be permitted to reopen and all political representatives free to
participate in the political transition process, without restriction.
6.
Out of those recommendations, with regard to the fact to dialogue with
all political actors, including the NLD and with all the representatives of the
ethnic nationality group, it is evident that Myanmar Government had made
dialogues with political groups gaining no positive outcomes because of their
opposed nature to the Government’s activities.
7.
Myanmar Government was urged to make meaningful political, economic,
legislative and judicial reform. At present,
Myanmar
is practicing the judiciary matters in line with the existing laws by
establishing different levels of Courts. The future process of legislature and
judiciary were being discussed seriously at the convening National Convention.
8.
Concerning the recommendation to permit all political representatives to
participate in the political processes without restriction, the representatives
from political parties, the representatives from the ethnic groups, the
representatives from peasants,
workers, delegates of intellectuals and intelligentsia, delegates of
State Service Personnel, delegates of national races armed groups who exchanged
arms for peace and other suitable invited persons are allowed to participate in
the process of convening Nation Convention.
9.
With regard to the allegation of anti-democratic procedures and
principles of the National Convention,
Myanmar
is practising democratic principles comprehensively. According to the
procedures, all the representatives from the various groups can express their
opinion through group discussions by individually or in group or in unanimously.
They can express their recommendations and suggestions freely. In such manner,
each and every representative including the ethnic group as well as delegates of
national races armed groups who exchanged arms for peace can speak out their
desires. It is proven that there are democratic practises in the National
Convention.
10.
The Government always take good care of socio- economic lives of the
ethnic groups by laying down the programs for development in the specified 24
Special Development Regions. The
programs consist of constructing the cluster of dams and reservoirs, network of
roads and bridges, schools and hospitals. It is profound that the allegation of
the exchange of arms for peace is not benefited the populace is totally based on
false information. The Government is providing assistance for the needs of
ethnic groups through close discussions with them. The delegates of national
races armed groups who exchanged arms for peace and other suitable invited
persons are allowed to participate in the present convening National Convention.
It is so clear that the Government is always cooperating with the ethnic
minorities and they are never been neglected.
11.
In
Myanmar
, the Government is cooperating with the
International Organizations and Humanitarian Agencies such as ICRC and
UNHCR in carry out the activities under
the humanitarian
aids. The Government has been given the permission to the ICRC, UNHCR and
ILO to carry out their activities freely without having any other prohibition or
restriction. But they have to inform the Government for their travelling to the
restricted or remote areas for their security sake. They are enjoying the
rights, provisions under the privileges and immunities of the UN. The members of
the Humanitarian Organizations can travel through out the country even to the
remote areas. The Government warmly welcomes their willingness for the
betterment of
Myanmar
peoples. Concerning the restriction of ILO Liaison Officer’s movement, the
Government has allowed him to travel to Yebyu and Kanbouk in Taninthayi
Division,
Kachin
State
and
Chin
State
, and to the remote areas as well.
12.
Regarding the allegation of the migration of the people from battle zone
where the government troops were engaged with insurgent groups endangered the
peace and stability of the region, it is found to be unreasonable. The Union of
Myanmar consists of 14 states and divisions including the
Shan
State
and the
Kayin
State
. As Myanmar has over 135 races,
there inhabited not only the Shan and Kayin races but also other races including
Bamar are existed in those states of Shan and Kayin. The number of persons who
migrated to the border areas which was mentioned in the report is very low to
compare to the population of that area. Thus, such number of migrants can not be
endangering the peace and stability of the region and it is just an
exaggeration.
13.
Concerning the political detainees, we have found that the facts are not
reliable. For example, some of the prisoners appeared in the report who are
being suffering from severe illness are found to be in good health. And the
political prisoners mentioned in the report are not actually present in any
prisons. Besides, the list of the prisoners mentioned in the report is not the
political prisoners' list but they were charged with other criminal offences.
14.
The
Myanmar
Women’s Affairs Federation firmly believe that the security of the women can
be achieved only when the country is in peace and stability. While Myanmar women
have achieved the momentum of advancement and safeguard of lives under the peace
and tranquillity of the state, prevalence of law and order, improvement of
communication and development of economy, some of the powers those who want to
empower their influential figure are pointing out the various reasons and
pressing Myanmar, by imposing sanctions, supporting the dissident groups who aim
the nation to be instable and insecure by sabotage activities and by shadowing
the articles issued by the overseas dissidents of Myanmar. Therefore
Myanmar
women’s Affairs Federation is deeply concerned for the safety of the whole
Myanmar
community including
Myanmar
women.
15.
Myanmar Women’s Affairs Federation would like
to suggest to confirm the reliability of the information sources and accuracy of
the data while considering and analyzing the reports and dossiers. It should
also take deep concern on
Myanmar
’s response as well. Since
Myanmar
has gained her independence, the insurgencies have been emerged and counter
insurgency operations were taken place all over the country but there has been
no complaints. Nowaday, the 17 major armed groups returned into legal fold and
most parts of the nation gained peace and tranquillity and taking strenuous
efforts for the development of the nation. At the same time, the government is
making effort to clear the nonnegotiable insurgent groups. In this moment, the
allegation of threatening the regional stability exaggerated by mean of
political reason is emerged. Thus, Myanmar Women’s Affairs Federation would
like to urge those who received the reports to consider seriously on this
allegation.