Thursday, 10 June 2010 12:46 Mizzima News
(Mizzima) – The formation of a United Nations commission of inquiry into alleged crimes against humanity committed in Burma during the course of the country’s decades long civil war and political standoff has gained a further advocate.
During a June 8, 2010, debate of the UN Human Rights Council in Geneva, Slovakia became the fourth government to support such an inquiry, joining the ranks of Australia, the Czech Republic and United Kingdom.
Rosha Fedor, the Slovak representative, in justifying Bratislava’s decision, told the congress, “[T]he first national elections in Myanmar [Burma] could have served as a window to national reconciliation, respect for human rights, and democracy, but on the contrary, the new electoral law fell far below international standards, seriously undermined the rights of expression, assembly and association, and discriminated on the basis of political opinions.”
Either the Human Rights Council or Security Council may initiate a commission of inquiry, though it is generally assumed China and Russia would automatically oppose any such undertaking at the Security Council level.
On the basis of historical precedence, it can be assumed that a commission of inquiry into matters in Burma would include an investigation into violations of international and human rights law, the determination of whether or not acts of genocide have occurred, the identification of perpetrators of crimes against humanity, and a means of ensuring that those responsible for violations are held accountable.
A commission of inquiry would not, however, have prosecutorial authority, which would instead likely lie with the International Criminal Court following UN recommendation.
Human Rights Watch, advocating for the creation of such a commission, believes a UN commission of inquiry “would potentially have a positive effect in bringing various parties to the negotiations, and potentially spur multilateral peace talks in Burma.”
Supporters of the motion further contend Burma’s generals fear accountability, and that a commission of inquiry would awaken those in authority of the immediate need for action in light of facing criminal prosecution.
However, there is also concern that a commission of inquiry would only serve to push an already highly xenophobic ruling clique into a further state of isolationism, making dialogue and an eventual solution to the crisis that much more difficult to initiate.
In 2004, a commission of inquiry was established to investigate the possibility of crimes against humanity in the Sudanese region of Darfur. While the commission did not support allegations of genocide, it did find evidence of systemic violations of human rights and international law.
Meanwhile, Eileen Chamberlain Donahoe of the United States, during the same session of the Human Rights Council, gave notice that Washington was also considering adding its name to those countries in favor of a commission of inquiry into crimes against humanity committed in Burma.
Thursday, June 10, 2010
Subscribe to email feed
