Burma constitution 'provides impunity' for abuses
Oct 9, 2009 (DVB)-Burma 's redrafted 2008 constitution provides impunity for human rights abuses and should not be the bedrock for elections next year, a damning report has claimed.
Many of the provisions of the constitution suggest that "instead of being a true catalyst for lasting change, it further entrenches the military within the government and the associated culture of impunity," the International Centre for Transitional Justice (ICTJ) said.
Its report, Impunity Prolonged: Burma and its Constitution, says that within the constitution, the regime has granted itself impunity for sexual violence, forced labor and the recruitment of child soldiers.
Burma, it says, is "one of the most difficult challenges in the world in relation to making progress toward combating impunity."
Khin Omar, coordinator of the Thailand-based Burma Partnership, said the constitution will "force military rule on Burma forever".
"[It is] the most problematic element as to whether we move further toward being a failed state or whether we move towards national reconciliation," she said.
The report says that "officers and troops systematically use rape and other forms of sexual abuse as a strategy of war."
It then cites a clause within the constitution stating that: "No proceeding shall be instituted against the said Councils (the military) or any member thereof or any member of the Government, in respect to any act done in the execution of their respective duties. "
Burma expert Robert H Taylor told DVB however that "No one has proven that [rape] is public policy," adding that "we don't know how the military deals with instances of rape".
He cited anonymous sources that claim the government has action against people accused of assault and rape, but added that the constitution "has its problems, but which doesn't?"
In a sign that the regime responds to international pressure, the report cited an agreement between the junta and the International Labour Organisation (ILO) to address forced labour and child soldiers.
The 2008 constitution was ratified in the weeks following cyclone Nargis last May, in which 140,000 people were killed and millions of acres of land destroyed. Despite the cyclone, the government claimed a 99 percent turnout, with 92.4 percent voting in favour.
A report released last year by Hong Kong-based constitutional expert, Professor Yash Ghai, said that "the cynicism with which the regime held the referendum and manipulated the results was on a par with the cynicism and coercion by which the draft was prepared".
The ICTJ have called on the international community to withhold support for elections in Burma next year. Khin Omar echoed the calls, and said that a constitutional review must take place before the elections do.
Reporting by Joseph Allchin http://english. dvb.no / news. php? id = 2940
Burma constitution 'provides impunity' for abuses
ICC campaign (English version)(please click to sign)
To/
Mr. Fredrik Reinfeldt
Prime Minister
Royal Government of Sweden
Subject: :Request to lead Swedish government and European Union in order to
seek justice and criminal accountability for victims of heinous crimes in
Burma/ Myanmar
Dear Your Excellency,
I would like to request your kind attention in regard to heinous crimes being committed by the ruling military regime in Burma, SPDC, against its own people, particularly for those offenses, which constitute international crimes such as crime against humanity, genocide and war crimes, since the emergence of the International Criminal Court, July 1, 2002, inter alias, as follows:
1. The regime used about 5,000 members of its lackey organization, namely Union Solidarity and Development Association (USDA) and crashed down Daw Aung San Suu Kyi, democracy icon in Burma, and members of the National League for Democracy (NLD) while making organizing trip at Depayin in upper Burma on May 30, 2003. Since that time, Daw Aung San Suu Kyi has been victim of crime and she has been under detention for almost six years. In recent month, UN Working Group on Arbitrary Detention made a ruling that detention of Daw Aung Sun Suu Kyi is against the national laws as well as international laws.
2. The International Committee of the Red Cross issued a global alert on Burma, on June
29, 2007, verifying the regime's criminal violations of the Geneva Conventions, stating that such violations were personally observed by ICRC delegates, that all confidential bilateral negotiations had broken down, and that the crimes by the government were likely to be ongoing. The president of the International Committee of the Red Cross (ICRC), Jakob Kellenberger, stated as follows:
"…I urge the government of Myanmar to put a stop to all violations of international humanitarian law and to ensure that they do not recur. ... I would also like to remind all States party to the Geneva Conventions of their obligation, under Article 1, to respect and to ensurerespect for the Conventions."
3. In September 2007, the military regime brutally suppressed peaceful demonstration of
several thousands of monks, and killed and tortured them. Without paying any regard to the effective Criminal Procedural Code in Burma, the military security forces of the SPDC raided the monasteries, searched the campuses, ruined the properties of Buddhist religion, and seriously tortured the monks.
4. In June 2008, the Amnesty International reported that for 2½ years a human rights
emergency has been occurring in the form of a military offensive by the SPDC army waged against ethnic Karen civilians in Kayin (Karen) State and Bago (Pagu) Division. Accordingly, an estimate of 147,800 people have been and remain internally displaced in Kayin State and Bago Division and many of these people have been subject to widespread and systematic human rights violations including unlawful killings, torture and other ill-treatment, enforced disappearances and arbitrary arrests, the imposition of forced labour including portering, the destruction of homes and villages, and the destruction or confiscation of crops and food stocks and other forms of collective punishment. The research undertaken by AI raises grave concerns that the violations of international human right and humanitarian law against the Karen have been part of a widespread and systematic pattern of crimes which may constitute a crime against humanity.
5. In the wake of the SPDC's criminal negligence after Cyclone Nargis occurred in delta
area of Burma, on May 22, 2008, European Parliament made a resolution on the tragic
situation in Burma, as follows:
Takes the view that, if the Burmese authorities continue to prevent aid from reaching those in danger, they should be held accountable for crimes against humanity and calls on EU Member States to press for a UN Security Council resolution referring the case to the ICC for investigation and prosecution.
6. On 27 February 2009, John Hopkins Bloomberg School of Public Health in the United
States and Emergency Assistance Team (Burma) jointly released a report entitled "After
the Storm; Voices from the Delta" and mention that the SPDC obstructed relief to victims
of the cyclone, arrested aid workers and severely restrained accurate information in the
wake of the worst natural disaster to befall modern Burma. The report charges these
abuses may constitute crimes against humanity through the creation of condition whereby
the basic survival needs of victims cannot be adequately met, "intentionally causing great
suffering, or serious injury to body or to mental or physical health" violating Article
7(1)(k) of the Rome Statue of the International Criminal Court.
7. Rape reports published by ethnic women in Burma including the Shan, Mon, Karen,
Palaung, and Chin (Shan Women’s Action Network, Shan Human Rights Foundation,
Human Rights Foundation of Mon land, Karen Women’s Organization, Palaung’s
Women Organization, Women League of Chin Land and Women’s League of Burma as
well as by Refugees International, document sexual and other forms of violence against
women systematically perpetrated by the junta and even identify perpetrators, give
relevant dates and the battalion numbers of the rapists. Despite that the military regime committed heinous crimes one period after another consistently, the judiciary inside Burma has been keeping silent and no legal action has been taken on the perpetrators for those heinous crimes. The military regime and its lackey perpetrators have been enjoying impunity endlessly and people in Burma lack any protection.
The Responsibility to Protect Doctrine or R2P is a catalyst in transforming the meaning of UN membership and participation in the international community by affirming that with state sovereignty comes the “obligation of a State to protect the welfare of its own people.” It makes clear that in exceptional cases where a State cannot or will not protect civilians the international community has a right to act, and a responsibility to do so. The legal import of UNSCR 1325 to Security Council Actions is that when the council is confronted with evidence of systematic crimes including rape in the context of conflict there should exist a presumption of a threat to international peace and security. In this case such presumption should require a UN Charter Chapter VII referral to the ICC.
In conclusion, I would like to request your Excellency to lead Swedish government and, if possible, European Union to press for a UN Security Council resolution referring the situation of Burma/Myanmar to the ICC for investigation and prosecution in order to seek justice and criminal accountability for victims of heinous crimes there. Only then, repeated crimes will be prevented; the rule of law will be restored; a genuine stability will be established; and a peaceful democratization process will also be facilitated in Burma.
Respectfully,
Download here ( Letter to Prime Minister | English | Burmese language )
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Burmese junta should answer for crimes against humanity concerning cyclone victims
http://www.asianews.it/index.php?l=en&art=14630
This is the charge of an NGO, which accuses the military junta of exploiting labor - including that of minors - confiscating humanitarian aid, and forced evictions. The report is based on interviews with volunteers and victims involved in cyclone Nargis. In Laputta, there is a shortage of drinking water and the risk of disease is high.
Yangon (AsiaNews/Agencies) - The Burmese government should appear before the International Criminal Court to face human rights charges; the dictatorship committed abuses and crimes in the months following the tragedy of Nargis. This is the harsh condemnation from a humanitarian association that has documented the violations committed by the military toward victims of the cyclone.
"The charge of crimes against humanity is a very grave and serious one," says Chris Beyrer, director of the U.S.-based Center for Public Health and Human Rights, an NGO. "But in the context of a relief effort like this, where you have evidence of forced labour, forced relocation and confiscation of relief aid, these are documented violations that need to be taken seriously."
"After the Storm: Voices from the Delta" is the first independent report - free from censorship by the Burmese military dictatorship - recounting the drama of cyclone victims. It is based on material collected in 90 interviews with volunteers and survivors. It details obstacles and threats directed against volunteers, cases of the disappearance of humanitarian aid that was later resold, and the use of forced labor for reconstruction, including the exploitation of child labor.
For 20 villages in the area of Laputta, in the Irrawaddy delta, there is also the risk of a shortage of drinking water, because of contamination of collection basins and sources. The NGO Emergency Assistance Team says that many people are forced to use drinking water mixed with sea water. Families in the villages are allowed two bottles of drinking water a day - at fifty cents each - and about 4 liters of non-potable water for personal hygiene and laundry purposes. The arrival of summer and the lack of desalination facilities could lead to the deterioration of the situation; cases of diarrhea have emerged among children, and there are fears of widespread disease.
A recent report drafted by the UN and ASEAN - the association that unites 10 countries of Southeast Asia - estimates that 700 million dollars will be needed over the next three years to guarantee reconstruction work in the areas hit by Nargis. The cyclone caused the death of about 140,000 people, but it is estimated that more than 2.4 million Burmese suffered damages of various kinds, and the devastating effects of the cy
Agency lists migrant worker abuse, calls for "humane" govt oversight
http://www.nationmultimedia.com/2009/03/02/national/national_30096908.php
By Pongphon Sarnsamak
The Nation
Published on March 2, 2009
A migrants' support agency has reported allegations of official mistreatment of migrant workers in Thailand ranging from payments to police in return for their release from custody, constant "humiliating" police harassment, to the rape of women detainees by Thai Army Rangers.
The 234-page-report was prepared by the Mekong Migration Network and released at a press conference at the Foreign Correspondents' Club in Bangkok last week.
It focused on the issue of arrest, detention, deportation, return and reintegration of migrants in the Greater Mekong Subregion (GMS).
The report described how arrests of migrant workers in Thailand can happen at any time, day or night. Migrant workers constantly run the risk of arrest while at home, in their workplace, during their leisure time or while visiting places of worship.
Even at temples, migrants were not free from arrest. During October 2006, in Chiang Mai several hundred were detained by police while attending temples to celebrate the end of Lent, the report said.
Local Thais expressed their displeasure through a local website, saying immigration official should respect the sanctity of temples and not make arrests during religious ceremonies.
One Cambodian migrant fisherman in Rayong province told researchers most arrests of fishermen began around midnight, as officials believed they would not create so much commotion if undertaken at night.
However, the majority of migrants reported being offered the opportunity to pay for their release following an arrest, usually before they were taken to the police station.
The amount they were asked to pay varied between Bt200 and Bt5,000, with an average of around Bt1,000.
In some cases women had their hair cut by police. Migrants reported cases of immigration officers in Tak province's Mae Sot district cutting women's hair and shaving men's heads, saying the migrants would then be recognised if they tried to return to Thailand after being deported.
For Burmese women whose long hair is part of their cultural make-up, having it cut in such an undignified manner is extremely humiliating.
Full body searches of migrant women during arrest in isolated areas by male officials is clearly inappropriate and open to abuse, the report said.
It said women migrants in isolated border areas remained particularly vulnerable to abuse. In Mae Sot young women had complained the body searches were physically intrusive and abusive. In 1999, a group of women from Burma were abused similarly in a small hut in the same province.
On 12 July 1999, a group of 50 illegal migrant workers from Burma were being deported near Ban Lan village, west of Chiang Mai's Phang district. The migrants were put under the care of the Thai Army Rangers at Ban Lan.
The officer in charge separated 11 women from the group, and then ordered his men to take the rest of the migrants to the Nong Tao border point nearby. The report charges he took the women one by one into his room and physically molested each one, raping two of them.
Migrants registered with the authorities and holding a valid migrant workers' card are required to carry this card with them at all times. The migrant workers' card confers limited legal rights. While Thai citizens are fined for not carrying their national ID card, migrants lose their legal status in Thailand if they are caught without their card, leading directly to their arrest, detention and deportation.
The migrant workers' card is only valid as an immigration document when the arresting authority can verify the migrant works for the employer named on the card, and in the type of work and geographic area designated on the card.
In order to combat human rights violations experienced by migrants, the Mekong Migration Network's chairperson, Jackie Pollock urged the Thai government and others in the Greater Mekong Subregion to eliminate situations which can lead to abusive and exploitative working conditions and leave migrants vulnerable to arrest, detention and deportation.
She asked authorities to reform the procedures to ensure migrant workers treatment is humane, transparent and subject to legal oversight.
This report was a third edition in the series Migration in the Greater Mekong Subregion : Resource Book (1st edition published in 2002; 2nd edition in 2005) and is in response to rapidly changing issues relating to migration in the subregion, including changes to legislation and policy relating to migration.
In Thailand, the number of unregistered migrants from Burma, Cambodia and Laos is not known, but the estimate suggests that at any one time there are between 800,000 and 1.2 million unregistered migrants present in Thailand.
Burmese regime blocked international aid to cyclone victims, report says
http://www.guardian.co.uk/world/2009/feb/27/regime-blocked-aid-to-burma-cyclone-victims
• First independent research into disaster details host of abuses
• Study urges junta be referred to international criminal court
Ian MacKinnon, South-east Asia correspondent guardian.co.uk, Friday 27 February 2009 12.43 GMT Article history
Burmese people beg for food in the rain as aid begins to arrive following cyclone Nargis. Photograph: Getty Images
International aid for cyclone victims in Burma was deliberately blocked by the military regime, the first independent report into the disaster has found.
The junta's wilful disregard for the welfare of the 3.4 million survivors of cyclone Nargis – which struck the Irrawaddy delta last May, killing 140,000 people – and a host of other abuses detailed by the research may amount to crimes against humanity under international law.
The teams of Burmese volunteers and experts from a US university that conducted the research urged the UN security council to refer the regime to the international criminal court.
The report After the Storm: Voices from the Delta outlined how the Burmese authorities failed to provide adequate food, shelter or water for the survivors.
The storm surge coupled with intense winds swept away homes, fields, livestock and rice stores, leaving little or nothing for survivors.
But the military regime, which was at the time preparing for a national referendum on its plans to hold elections in 2010, insisted it could cope with the disaster despite its scale and shunned most international relief for weeks.
Researchers from Johns Hopkins University in the US and Burmese volunteers from the Emergency Assistance Team (Eat-Burma) spent months interviewing survivors and relief workers about the cyclone's aftermath.
Their study found that the Burmese army obstructed private cyclone relief efforts even among its own concerned citizens, setting up checkpoints and arresting some of those trying to provide help.
Supplies of overseas relief materials that were eventually allowed into Burma were confiscated by the military and sold in markets, the packaging easily identifiable.
"I went to some of the markets run by the military and authorities and saw supplies that had been donated being sold there," a former Burmese soldier who fled to Mae Sot across the border in Thailand told the researchers. "The materials were supposed to go to the victims. I could recognise them in the market."
The researchers were repeatedly told that surviving men, women and even children were used as forced labour on reconstruction projects for the military.
"[The army] did not help us, they threatened us," said one survivor from the town of Labutta. "Everyone in the village was required to work for five days, morning and evening without compensation. Children were required to work too. A boy got injured on his leg and got a fever. After two or three days he was taken to [Rangoon], but after a few days he died."
Professor Chris Beyrer, director of the centre for public health and human rights at Johns Hopkins, said the Burmese regime's response to the disaster violated humanitarian relief norms and legal frameworks for relief efforts.
The systematic abuses may amount to crimes against humanity under international law through the creation of conditions where basic survival needs of people are not met, "intentionally causing great suffering, or serious injury to body or to mental or physical health", he said.
Burma cyclone response was 'crime against humanity'
http://www.telegraph.co.uk/news/worldnews/asia/burmamyanmar/4839404/Burma-cyclone-response-was-crime-against-humanity.html
Burma's regime deliberately blocked international aid getting to victims of last year's cyclone, a report has claimed.
By Thomas Bell, South East Asia Correspondent
Last Updated: 11:33PM GMT 26 Feb 2009
Survivors of Cyclone Nargis in Burma did not receive donor money they were promised to rebuild their lives Photo: AFP/Getty
The first independent inquiry into the aftermath of the disaster has said the authorities should be referred to the International Criminal Court for stopping help getting through and persecuting survivors.
It found the Burmese leadership failed to provide adequate food, shelter and medical care in the wake of Cyclone Nargis which struck the Irrawaddy Delta on May 2 last year, killing at least 140 000 people.
Around 3.4 million people were effected by the disaster, which swept away homes, farms, granaries, livestock and wells.
Researchers from Johns Hopkins University in America and an organisation of Burmese volunteers called the Emergency Assistance Team – Burma (EAT) have documented what happened in the following weeks.
Military checkpoints were set up across the delta as the regime treated the disaster not as a humanitarian emergency but as a security crisis.
The report claims some people who attempted to distribute private aid were arrested. It details allegations of aid being stolen and resold by the military authorities.
The researchers also claim the army used forced labour, including of children, in the aftermath of the disaster.
According to one survivor: "[The army] did not help us, they threatened us. Everyone in the village was required to work for five days, morning and evening, without compensation. Children were required to work too.
"A boy got injured in his leg and he got fever. After two or three days he was taken to Rangoon, but in a few [days] he died."
There were also anecdotal accounts of people dying in the aftermath of the cyclone due to the actions of the army.
But restrictions in the country mean no one has been able to estimate how many died in a supposed "second wave" of deaths in the period after the cyclone.
Under international law, creating conditions where the basic survival needs of civilians cannot be adequately met, "intentionally causing great suffering, or serious injury to body or to mental or physical health," is considered a crime against humanity.
The report concludes that the United Nations Security Council should refer the junta for investigation by the International Criminal Court.
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