The
United
Nations Human
Rights Council concluded its general debate yesterday,
under "agenda
item
4:
human
rights situations that require the Council's attention".
This
crucial agenda item
is to
provide the
Council
with
the
opportunity to bring to attention country-specific
human rights situations.
Regrettably,
however,
this was not the case at the 12th regular
session
of the
Council
with only 14 member
and observer
States
addressing the Council on Burma.
(23
September 2009, Geneva/Bangkok) The
United
Nations Human
Rights Council
(Council)
concluded its general debate yesterday,
under "agenda
item
4:
human
rights situations that require the Council's attention".
This
crucial agenda item
is to
provide the
Council
with
the
opportunity to bring to attention country-specific
human rights situations.
Regrettably,
however,
this was not the case at the 12th regular
session
of the
Council
with only 14 member
and observer
States
addressing the Council on Burma.
The
common thread of the statements delivered by Sweden
(on behalf of the European
Union),
France, Netherlands, Norway, United
Kingdom,
Japan,
Belgium,
United
States,
Canada, Ireland, Denmark, Australia, Czech Republic
and New Zealand, centered around the deep disappointment at the continued
detention of
Aung
San Suu Kyi, the call for the release of
all
other political prisoners and the need to continue with the process
towards democratisation,
particularly in light of the upcoming 2010
elections.
Asian
Forum for Human Rights and Development (FORUM-ASIA)
also
seized
this opportunity under agenda item 4 to highlight the pressing human
rights situation
in Burma. In its oral
statement
delivered on 22 September,
FORUM-ASIA
focused on the failure of the 2008 Constitution to uphold the principles of a
free and fair referendum process, as well as the fundamental flaws contained in
it, namely, the
Constitution
effectively subordinates civilian authorities to the country's military
establishment and fails to provide a full separation of powers between the
branches of the government.
Moreover,
FORUM-ASIA reminded the Council
that the prolonged detention of Aung San Suu Kyi is a stark reminder of the
persecution of thousands of other political prisoners and human rights
defenders
in the country.
FORUM-ASIA
urged the Special Rapporteur
on the situation of human rights in Burma,
Mr.
Thomas Ojea Quintana, to
make an immediate visit to the country, to ensure that the preparatory
process
is
carried out in a transparent manner, leading to free and fair 2010
elections,
with international monitors.
FORUM-ASIA
also called upon neighbouring countries particularly the
member States of the Association of Southeast Asian Nations (ASEAN),
China and India, to play a lead role in the engagement with
the State
Peace
and Development
Council
(SPDC),
to facilitate the democratisation process and to
ensure the effective protection of human
rights
in Burma.
Deplorably,
the
platform of this Council
failed to be used yesterday
by
not only neighbouring countries, but Asian countries
in general,
with the exception of Japan,
to speak on the situation in Burma. In
particular, such
silence on the part of the
ASEAN
countries
is a contradiction to the previously perceived commitment by many ASEAN member
States including Indonesia,
Philippines and
Thailand. As
stated by Mr. Yap Swee Seng, Executive Director of FORUM-ASIA, "this
demonstrates a serious lack of political will and effectiveness of
the
ASEAN as a regional body which claims to adhere to the principles of democracy,
the rule of law and good governance, respect for and protection of human rights
and fundamental freedoms. While we appreciate the efforts of some governments to
make a joint appeal of the ASEAN at the General Assembly for the release of Aung
San Suu Kyi, we deeply regret that the same effort has not been taken at the
Human Rights Council nor has any ASEAN member State speak out on Burma in its
own national capacity".
Ironically,
the
only voice that spoke aggressively
on Burma was the country
itself.
While
labeling the statements on Burma as politically motivated attempts,
in
its right of reply, the Permanent Representative of Burma to the United Nations,
Ambassador U Wunna Maung Lwin outrageously referred to the unjustifiable and arbitrary verdict
against
Aung San Suu Kyi, as
being
"entirely
in compliance with the judicial system of Myanmar and it was totally in line
with the existing laws". He
went on to inform
the Council that on 17 September,
the government had granted amnesty to 7,114 prisoners.
However, the crucial figures that should have been highlighted in this regard
are that only
127
‘political
prisoners'
have
been released,
and more
than 2,000 political prisoners remain in jail.
At
the two years anniversary of the Special Session of the UN Human Rights Council
held in October 2007 on the violent repression of peaceful demonstrations of
monks and nuns, FORUM-ASIA expresses its deep regret
at
the failure
of the
ASEAN
countries to speak out on
the plights of people in Burma thus undermining
the very essence of the Council
and calls upon the ASEAN member States to make clear that they stand with
victims of human rights abuses in Burma and that the SPDC's refusal to heed the
repeated calls by the international community will be followed up with stronger
measures.
Annex:
Full text of FORUM-ASIA's oral statement on Burma and the Right of Reply
exercised by U Wunna Maung Lwin, Ambassador/Permanent Representative of Burma to
the UN
To download the complete statement, please click here (pdf).
