Burma UN Resolution 2009: A paper punch

by Dr. Tint Swe
Monday, 23 November 2009 13:28

Mizzima News - (Commentary) Passing a resolution on Burma in an international forum is an annual routine practice, which can embarrass the ruling military junta but as that cannot make a change in the country it does not impress the severely oppressed people of Burma. There have been over 30 resolutions already passed unanimously and later by voting at the UN bodies such as the UN General Assembly and UN Human Rights Commission. It is because none of them is binding and the condemned junta just says a few words of anger after the resolution is passed.

However at the 64th UN General Assembly the document of 19th November on the situation of human rights in Burma has something to be noted by serious observers. The Assembly again strongly condemned the systematic violations of human rights and fundamental freedom of the people of Burma.

Nonetheless even a paper jab is not an easy job. One month ahead of days for Burma at the UN, the Burmese government in exile has the annual task of holding a series of meetings with foreign missions in New York. The National Coalition Government of the Union of Burma (NCGUB) although composed of duly elected Parliamentarians has no mandate to represent the people of Burma not only in their national Parliament but also at the United Nations. The UN is the largest body of the governments no matter elected or not. So the people’s representatives have to approach the missions from friendly nations. Within a month, they have talks with 30 to 40 approachable missions asking for sponsorship of the draft resolution and the important points to be included in it.

Obviously EU countries are champions of Burma resolutions at the UN. This year 47 countries including one from Asia, Republic of Korea sponsored the resolution on Burma of the Third Committee Agenda item 69 (c). In the UN documents, the language is important and critical. The sponsor countries have to bargain the language in the document with the friends of the Burmese military junta. The ASEAN countries which recently established a human right body in their own bloc are native defenders of human rights perpetrator, the regime of Burma.

In this year’s UN document there are five welcomes, five urges, five strongly calls upon and simply calling upon for eight times. It was mixed with three deep concerns and one strong condemnation.

There was only one “note with appreciation” followed by two “expressions of grave concerns”. One of which said, “Expresses grave concern at the recent trial, conviction and sentencing of Daw Aung San Suu Kyi, resulting in her return to house arrest, and calls for her immediate and unconditional release; Expresses grave concern at the continuing practice of arbitrary detentions, enforced disappearances, rape and other forms of sexual violence, torture and cruel, inhuman and degrading treatment, and strongly calls upon the Government of Myanmar to allow a full, transparent, effective, impartial and independent investigation into all reports of human rights violations, and to bring to justice those responsible in order to end impunity for such crimes.”

The Third Committee passed the motion by voting with 92 in favour, 26 against with 65 abstentions. Those countries opposed or abstained took their position on voting based on their policy on country specific resolution, not on the situation in Burma.

The ambassadors from Israel, Sweden and Japan gave sound-bites to Burmese language radios. The people of Burma learn that about 10 countries namely China, Russia, Libya, Sudan, Syria, Egypt, Zimbabwe, Venezuela, Cuba, and Libya are aggressively on the side of the military regime of Burma.

The second-line countries such as Indonesia, Brazil, Thailand, Malaysia, Vietnam, and Bangladesh took the floor to express their disagreement to the resolution but most of the neighbouring countries either abstained or opposed expressed their support to the effort of the UN Secretary General in their deliberations. This year the mandate of the UN Secretary General has been spelled out in detail and strengthened.

Most of the condemnations and concerns are more or less the same as those of previous years. But the fresh noteworthy paragraph is focused on the election to be held in 2010. It said, “The UN strongly urged the Government of Myanmar to ensure the necessary steps to be taken towards a free, fair, transparent and inclusive electoral process and calls on the Government to take such steps without delay, including by enacting the required electoral laws and allowing the participation of all voters, all political parties, and all other relevant stakeholders in the electoral process.”

The world body is changing. Year by year, it becomes more difficult to maintain a country specific resolution. This year there are only three-country specific resolutions: Burma, Iran and North Korea. Developing countries attempted to wipe out the country specific resolution given the reasons that naming and shaming can't improve the HRs situation of a country and they want Universal Periodic Review (UPR) mechanism in place where a country specific situation should be scrutinized.

The other important development at the UN is the call for independent investigation on violations of human rights and humanitarian law and to end impunity. It may lead towards the direction of the Commission of Inquiry.

As the previous President had promised to Senior General Than Shwe of Burma in March 2006, India keeps assuring and defends at the UN and also at the ILO. It is a coincidence that on the same day the International Labour Organization also took a decision on Burma’s widespread and documented forced labour practice. ILO has charged Burma of using forced labour since 1998. ILO criticized Burmese authorities for failing to abolish forced labour and called for the release of imprisoned people who have complained about forced labour.

The people of Burma are not excited after listening to news from the UN. They realize very well what the UN is and what the military rulers of Burma is all about. As long as the junta is in power the UN bodies have to do their annual rituals.