FIDH Report Half Empty: Burma's Political Parties and Their Human Rights Commitments

Total Page:16

File Type:pdf, Size:1020Kb

FIDH Report Half Empty: Burma's Political Parties and Their Human Rights Commitments Half Empty: Burma’s political parties and their human rights commitments November 2015 / N°668a November © AFP PHOTO / Soe Than Win MPs attend parliamentary session in Naypyidaw on July 4, 2012. TABLE OF CONTENTS 1. Foreword 4 2. Executive summary 4 3. Methodology 5 4. Outgoing Parliament disappoints on human rights 7 11 5.1 - Media freedom 12 5.2 - Religious discrimination 12 5.3 - Role of the military 13 5.4 - Accountability for past crimes 13 5.5 - Legislative reform 14 5.6 - Women’s rights 14 5.7 - Death penalty 14 5.8 - Ethnic minority rights 15 15 5.10 - Human rights defenders 15 5.11 - Investment, development, and infrastructure projects 16 5.12 - Next government’s top priorities 16 6. Recommendations to elected MPs 17 7. Appendixes 20 7.1 - Appendix 1: Survey’s complete results 20 7.2 - Appendix 2: Political parties contesting the 8 November election 25 1. FOREWORD By Tomás Ojea Quintana, former UN Special Rapporteur on the situation of human rights in Myanmar to visit the new Parliament in Myanmar, I was able to economic course. 2. EXECUTIVE SUMMARY Suu Kyi, is expected to win. 1 Burma Issues & Concerns Vol. 6: The generals’ election, January 2011 4 FIDH - HALF EMPTY: BURMA’S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS concerns. The report provides numerous recommendations to MPs, based on statements and reports issued by various UN special procedures as well as resolutions adopted by 3. METHODOLOGY [See Appendix 2: Political parties contesting the 8 November election Appendix 1: Survey’s complete results FIDH - HALF EMPTY: BURMA’S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 5 6 FIDH - HALF EMPTY: BURMA’S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 4. OUTGOING PARLIAMENT DISAPPOINTS ON HUMAN RIGHTS ].2 Repealed Source: FIDH FIDH - HALF EMPTY: BURMA’S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 7 4 5 On 6 November 2012, 6 On 25 September 2014, the Table 1: Amendments to articles of the Constitution rejected by MPs on 25 June 2015].8 They included the amendment by ethnic minority MPs. Fourth-day second regular session of First Pyithu Hluttaw takes place - Questioning, replying, discussing and submitting propFirst Pyithu Hluttaw second regular session goes on for sixth day - Questions raised and answered, proposals and bills submitted for approval Government to submit new jail law: minister First Pyithu Hluttaw second regular session goes on for seventh day - Questions raised and answers, proposals and bills submitted for approval, Parliament rejects reform of emergency act Proposal to revoke Myanmar Citizenship Law - 1882 put on record MPs block amendments to 1982 Citizenship Law, Priority given to upgrading bridges on Taunggyi-Kengtung road: Deputy Minister Myanmar parliament votes to keep military veto 8 FIDH - HALF EMPTY: BURMA’S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS Source: Global New Light of Myanmar Table 2: ‘Race and Religion Protection Laws’ (MaBaTha) FIDH - HALF EMPTY: BURMA’S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 9 Source: FIDH the Tatmadaw increase [See Table 3: Military spending from 2011-12 FY to 2015-16 FY]. 10 FIDH - HALF EMPTY: BURMA’S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 19.29 +171% 1.19 1.88 2.24 2.75 Source: FIDH 5. SURVEY FINDINGS: HUMAN RIGHTS PRIORITIES NEGLECTED commitments to resolve them. FIDH - HALF EMPTY: BURMA’S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 11 5.1 - Media freedom (Question #1) similar and overly broad clauses to prosecute is still problematic and authorities can use it anytime to impose restrictions on publications. In . September and October 2014, authorities ordered Unity years in prison each under the State Secrets Act. 5.2 - Religious discrimination (Question #2) © AFP PHOTO / Soe Than Win November 2012 [See above Outgoing Parliament on April 1, 2014. disappoints on human rights].
Recommended publications
  • Crimes in Burma
    Crimes in Burma A Report By Table of Contents Preface iii Executive Summary 1 Methodology 5 I. History of Burma 7 A. Early History and Independence in 1948 7 B. Military Rule: 1962-1988 9 C. The 1988 Popular Uprising and Democratic Elections in 1990 11 D. Military Rule Since 1988 12 II. International Criminal Law Framework 21 A. Crimes Against Humanity: Chapeau or Common Elements 24 B. War Crimes: Chapeau or Common Elements 27 C. Enumerated or Prohibited Acts 30 III. Human Rights Violations in Burma 37 A. Forced Displacement 39 B. Sexual Violence 51 C. Extrajudicial Killings and Torture 64 D. Legal Evaluation 74 ii Preface IV. Precedents for Action 77 A. The Security Council’s Chapter VII Powers 78 B. The Former Yugoslavia 80 C. Rwanda 82 D. Darfur 84 E. Burma 86 Conclusion 91 Appendix 93 Acknowledgments 103 Preface For many years, the world has watched with horror as the human rights nightmare in Burma has unfolded under military rule. The struggle for democracy of Nobel Peace Prize Laureate Daw Aung San Suu Kyi and other political prisoners since 1988 has captured the imagination of people around the world. The strength of Buddhist monks and their Saffron Revolution in 2007 brought Burma to the international community’s attention yet again. But a lesser known story—one just as appalling in terms of human rights—has been occurring in Burma over the past decade and a half: epidemic levels of forced labor in the 1990s, the recruitment of tens of thousands of child soldiers, widespread sexual violence, extrajudicial killings and torture, and more than a million displaced persons.
    [Show full text]
  • Important Facts About the 2015 General Election Enlightened Myanmar Research Foundation - Emref
    Important Facts about the 2015 Myanmar General Election Enlightened Myanmar Research Foundation (EMReF) 2015 October Important Facts about the 2015 General Election Enlightened Myanmar Research Foundation - EMReF 1 Important Facts about the 2015 General Election Enlightened Myanmar Research Foundation - EMReF ENLIGHTENED MYANMAR RESEARCH ACKNOWLEDGEMENTS ABSTRACT FOUNDATION (EMReF) This report is a product of the Information Enlightened Myanmar Research Foundation EMReF is an accredited non-profit research Strategies for Societies in Transition program. (EMReF has been carrying out political-oriented organization dedicated to socioeconomic and This program is supported by United States studies since 2012. In 2013, EMReF published the political studies in order to provide information Agency for International Development Fact Book of Political Parties in Myanmar (2010- and evidence-based recommendations for (USAID), Microsoft, the Bill & Melinda Gates 2012). Recently, EMReF studied The Record different stakeholders. EMReF has been Foundation, and the Tableau Foundation.The Keeping and Information Sharing System of extending its role in promoting evidence-based program is housed in the University of Pyithu Hluttaw (the People’s Parliament) and policy making, enhancing political awareness Washington's Henry M. Jackson School of shared the report to all stakeholders and the and participation for citizens and CSOs through International Studies and is run in collaboration public. Currently, EMReF has been regularly providing reliable and trustworthy information with the Technology & Social Change Group collecting some important data and information on political parties and elections, parliamentary (TASCHA) in the University of Washington’s on the elections and political parties. performances, and essential development Information School, and two partner policy issues.
    [Show full text]
  • Queries Raised and Replied, Proposal Submitted, Approval Sought
    Established 1914 Volume XVIII, Number 338 6th Waning of Tabaung 1372 ME Friday, 25 March, 2011 Root cause of splits The root causes that underlay the rise of fractious sectarianism and the proliferation of splits are found to be the incentives that the colonialists provided to expand their sphere of influence, the wedges of instigation and incitement that they drove in a wellplanned manner among colleagues, the arrogance born of overestimating oneself, personal rivalries and underestimating others, jealousies, suspicions and grudges. Some parties looked to foreign countries for guidance and inspiration, followed the imported ideologies and directives irrationally under foreign influence and carried out purges against fellow party members, which inevitably led to their demise. There were also many others that brought misery on themselves by aping the practices of countries with divergent development and dissimilar backgrounds. Senior General Than Shwe Chairman of the State Peace and Development Council Commander-in-Chief of Defence Services (From speech delivered at the parade of 64th Anniversary Armed Forces Day) Senior General Than Shwe sends Four political objectives * Stability of the State, community peace and tranquil- lity, prevalence of law and order * National reconsolidation felicitations to President of Hellenic Republic * Emergence of a new enduring State Constitution * Building of a new modern developed nation in accord NAY P YI T AW, 25 March—Senior General Than Shwe, Chairman of the State Peace and with the new State Constitution Development Council of the Union of Myanmar, has sent a message of felicitations to His Four economic objectives Excellency Mr. Karolos Papoulias, President of the Hellenic Republic, on the occasion of the * Development of agriculture as the base and all-round devel- opment of other sectors of the economy as well National Day of the Hellenic Republic, which falls on 25 March 2011.
    [Show full text]
  • Q&A on Elections in BURMA
    Q&A ON ELECTIONS IN BURMA PHOTOGRapHS BY PLATON Q&A ON ELECTIONS IN BuRma INTRODUCTION PHOTOGRapHS BY PLATON Burma will hold multi-party elections on November 7, 2010, the first in 20 years. Some contend the elections could spark a gradual process of democratization and the opening of civil society space in Burma. Human Rights Watch believes that the elections must be seen in the context of the Burmese military government’s carefully manufactured electoral process over many years that is designed to ensure continued military rule, albeit with a civilian façade. The generals’ “Road Map to Disciplined Democracy” has been a path filled with human rights violations: the brutal crackdown on peaceful protesters in 2007, the doubling of the number of political prisoners in Burma since then to more than 2000, the marginalization of WIN MIN, CIVIL RIGHTS LEADER ethnic minority communities in border areas, a rewritten constitution that A medical student at the time, Win undermines rights and guarantees continued military rule, and carefully Min became a leader of the 1988 constructed electoral laws that subtly bar the main opposition candidates. pro-democracy demonstrations in Burma. After years fighting in the jungle, Win Min has become one of the This political repression takes place in an environment that already sharply restricts most articulate intellectuals in exile. freedom of association, assembly, and expression. Burma’s media is tightly controlled Educated at Harvard University, he is by the authorities, and many media outlets trying to report on the elections have been now one of the driving forces behind an innovative collective called the Vahu (in reduced to reporting on official announcements’ and interviews with party leaders: no Burmese: Plural) Development Institute, public opinion or opposition is permitted.
    [Show full text]
  • MYANMAR: Why the U.S
    SUPPORTING HUMAN RIGHTS IN MYANMAR: Why the U.S. Should Maintain Existing Sanctions Authority MAY 2016 SUPPORTING HUMAN RIGHTS IN MYANMAR 1 COVER PHOTO: Kachin Independence Army soldiers on patrol, Kachin State © Ryan Roco 2013 Fortify Rights works to ensure and defend human rights for all. We investigate human rights abuses, engage stakeholders, and strengthen initiatives led by human rights defenders, affected communities, and civil society. We believe in the effectiveness of evidence-based research, the power of strategic truth telling, and the importance of working in close collaboration with individuals, communities, and movements. Fortify Rights is an independent, nonprofit organization based in Southeast Asia and registered in the United States and Switzerland. www.fortifyrights.org United to End Genocide is the largest activist organization in America dedicated to preventing and ending genocide and mass atrocities worldwide. The United to End Genocide community includes faith leaders, students, artists, investors and genocide survivors, and all those who believe we must fulfill the promise the world made following the Holocaust-“Never Again!” www.endgenocide.org SUPPORTING HUMAN RIGHTS IN MYANMAR: Why the U.S. Should Maintain Existing Sanctions Authority MAY 2016 SUPPORTING HUMAN RIGHTS IN MYANMAR 4 CONTENTS SUMMARY................................................................................................................................ 1 METHODOLOGY .....................................................................................................................5
    [Show full text]
  • Burma's Political Prisoners and U.S. Sanctions
    Burma’s Political Prisoners and U.S. Sanctions Michael F. Martin Specialist in Asian Affairs September 15, 2014 Congressional Research Service 7-5700 www.crs.gov R42363 c11173008 . Burma’s Political Prisoners and U.S. Sanctions Summary The release of all Burma’s political prisoners is one of the fundamental goals of U.S. policy. Several of the laws imposing sanctions on Burma—including the Burmese Freedom and Democracy Act of 2003 (P.L. 108-61) and the Tom Lantos Block Burmese JADE (Junta’s Anti- Democratic Efforts) Act of 2008 (P.L. 110-286)—require the release of all political prisoners before the sanctions can be terminated. The Consolidated Appropriations Act of 2014 (P.L. 113- 76) requires the Department of State and the U.S. Agency for International Development (USAID) to “support programs for former political prisoners” in Burma, as well as “monitor the number of political prisoners in Burma.” Burma’s President Thein Sein pledged during a July 2013 trip to the United Kingdom to release all “prisoners of conscience” in his country by the end of the year. Since his announcement, he granted amnesties or pardons on seven occasions. While President Thein Sein has asserted that all political prisoners have been freed, several Burmese organizations maintain that dozens of political prisoners remain in jail and that new political prisoners continue to be arrested and sentenced. Hopes for a democratic government and national reconciliation in Burma depend on the release of prisoners, including those associated with the country’s ethnic groups. Several ethnic-based political parties have stated they will not participate in parliamentary elections until their members are released.
    [Show full text]
  • SUPPORTING the MOVEMENT for a FREE and DEMOCRATIC BURMA 2002-2012 “We Have Been Knocking on This Door for a Long Time and It’S Never Opened
    THE STORY OF OUR IMPACT SUPPORTING THE MOVEMENT FOR A FREE AND DEMOCRATIC BURMA 2002-2012 “We have been knocking on this door for a long time and it’s never opened. Now we are knocking and it’s opened a little. We are ready to struggle and push it until it opens further.” — Karen Human Rights Group, an AJWS grantee working on human rights in Burma “If you stand together, your voice will be heard.” —Women’s human rights activist and AJWS grantee, Burma ACKNOWLEDGEMENTS This case study was written by Elyse Lightman Samuels, in collaboration with AJWS’s staff working on Burma, and with editing support from Leah Kaplan Robins. It was designed by Davyd Pittman and Elizabeth Leih. We would like to thank our courageous grantees cited in this case study, who provided valuable input on the history of the civil and political rights movement in Burma and key feedback on drafts. Without them, this story would not be possible. PUBLISHED JULY 2012 COVER Monks, nuns and other citizens march in a peaceful demonstration during the Saffron Revolution. PHOTO BETH JONES Table of Contents Introduction 2 Background: Mounting Terror and Early Attempts at Opposition 3 Documenting and Voicing Shared Problems Leads to Results 3 Women are Empowered to Take the Lead 4 Underground Communications Efforts Support the Saffron Revolution 5 A Disaster Spawns Further Growth of the Grassroots Movement 6 Women Insist that Burma’s Crimes be Investigated 6 Citizens Demand Fair Elections and a Constitution that Ensures Equality for All 6 The Door to Human Rights Begins to Open 7 Civil Society Plays a Role in Peace Negotiations 8 Volunteers Help Build Sustainable Organizations 8 Looking Ahead 8 INTRODUCTION The story of Burma is one of the most profound examples of progress in global justice that AJWS has ever seen.
    [Show full text]
  • Ethnic Politics and the 2015 Elections in Myanmar
    MYANMAR POLICY BRIEFING | 16 | September 2015 Ethnic Politics and the 2015 Elections in Myanmar RECOMMENDATIONS • The 2015 general election presents an important opportunity to give political voice to Myanmar’s diverse ethnic nationality communities and empower them to pursue their aspirations, provided that it is genuinely free and fair. • If successfully held, the general election is likely to mark another key step in the process of national transition from decades of military rule. However the achievement of nationwide peace and further constitutional reform are still needed to guarantee the democratic rights, representation and participation of all peoples in determining the country’s future. • Although nationality parties are likely to win many seats in the polls, the impact of identity politics and vote-splitting along ethnic and party lines may see electoral success falling short of expectations. This can be addressed through political cooperation and reform. It is essential for peace and stability that the democratic process offers real hope to nationality communities that they can have greater control over their destiny. • Inequitable distribution of political and economic rights has long driven mistrust and conflict in Myanmar. The 2015 general election must mark a new era of political inclusion, not division, in national politics. After the elections, it is vital that an inclusive political dialogue moves forward at the national level to unite parliamentary processes and ethnic ceasefire talks as a political roadmap for all citizens. ideas into movement Introduction Myanmar/Burma1 is heading to the polls in November 2015, in what will be a closely watched election. Provided that they are free and fair, the polls are likely to have a major influence over the future political direction of the country, with an expected shift in power from the old elite to the opposition National League for Democracy (NLD).
    [Show full text]
  • Guide Reporting on Elections
    Reporting on Elections: A Toolkit for Journalists in Myanmar i Reporting on Elections: A Toolkit for Journalists in Myanmar ISBN: 978-616-8264-09-6 Written by: John Reiner M. Antiquerra Tharindu Abeyrathna Zayar Hlaing Layout cover designed by: Inspiral Creative Produced and Published By: The Asian Network for Free Elections (ANFREL) 105 Sutthisan Winnichai Rd., Samsennok, Huai Khwang, Bangkok 10310, Thailand Tel: (+66 2) 26931867 Email: [email protected] Website: www.anfrel.org © 2020 by ANFREL Foundation The contents of this toolkit may be used for training and educational purposes only. Any reproduction of this publication must acknowledge that the copyright is held by ANFREL Foundation. The publication of this toolkit is made possible through the generous support of the Canadian Embassy in Yangon and the Swiss Federal Department of Foreign Affairs. ii Reporting on Elections: A Toolkit for Journalists in Myanmar Contents Foreword ..........................................................................................................................iv .....................................................vi 1. Introduction ...........................................................................................................1 Abbreviation and Myanmar Specific Terms 2. Elections ....................................................................................................................4 2.1. History of Elections in Myanmar ...........................................................4 2.2. Myanmar Electoral System .......................................................................7
    [Show full text]
  • Finding Common Ground
    EBO Background Paper No.5 | 2019 September 2019 AUTHOR | Paul Keenan Finding Common Ground Ethnic Political Parties and the 2020 elections As Myanmar moves towards the 2020 election, ethnic political parties now, more than ever, need to work together and find common ground if they ever want to influence the future politics of the country and ensure ethnic equality. Minority ethnic groups make up a third of the country's 51.5 million people.1 Currently, ethnic politics can be defined as consisting of five main actors: merged ethnic political parties, the NCA non-signatory armed ethnic groups, NCA signatory groups, the Nationalities Brotherhood Forum (NBF), and the United Nationalities Alliance (UNA). All of these groups have divergent interests and it is these interests that may weaken ethnic policymaking in the future. While all groups profess a singular goal – ethnic equality and a genuine federal union, it is how they work together, if they can, that will ultimately decide the future of ethnic representation in the country after the 2020 election. One of the main ethnic alliance is the United Nationalities Alliance which was formed after the 1990 election and was considered one of the most influential and experienced political alliances operating in the country.2 The UNA encompassed a varied spectrum of ethnic political parties, dominated by the Shan Nationalities League for Democracy (SNLD), which had contested and won seats in the 1990 general election. Originally, in the UNA there were 12 different political parties. Today, there
    [Show full text]
  • 07 N Ganesan DOI.Indd
    Asian Journal of Peacebuilding Vol. 3 No. 2 (2015): 273-286 doi: 10.18588/201511.000046 Field Note Ethnic Insurgency and the Nationwide Ceasefire Agreement in Myanmar N. Ganesan On October 15, 2015, the government of the Republic of the Union of Myanmar signed a Nationwide Ceasefire Agreement (NCA) with eight of the sixteen ethnic armed groups it had been negotiating with. The aim of the Thein Sein government had been to sign the agreement with all sixteen groups, but this was not realized. One reason why eight of the groups have been left out is the ongoing fighting between the Myanmar military and some of the groups, and the army’s unwillingness to involve them in the ceasefire process. Similarly, some of the ethnic armed groups have also indicated that they are unwilling, or not ready, to sign the NCA at this time. Keywords Myanmar politics, Nationwide Ceasefire Agreement, Myanmar Peace Center, ethnic insurgent groups, Myanmar military Introduction The Myanmar government concluded a Nationwide Ceasefire Agreement (NCA) on October 15 with eight of the country’s sixteen ethnic armed groups that it had engaged through the Nationwide Ceasefire Coordination Team (NCCT). This is one of the most important political steps taken since 2010 by the Thein Sein-led government. Other important developments include institutionalization of the ceasefire process through the inauguration of the Myanmar Peace Center. There are, however, a number of challenges facing the inclusion of all the ethnic armed groups in this process. The ongoing conflict with some of the groups, the army’s unwillingness to include certain groups, the shifting position of the ethnic groups and the large number of organizations claiming to collectively represent them, and the relative independence of some of the groups all constitute barriers to their full inclusion.
    [Show full text]
  • Political Monitor No.22
    Euro-Burma Office 15 - 28 August 2015 Political Monitor 2015 POLITICAL MONITOR NO. 22 OFFICIAL MEDIA A MILESTONE IN THE MYANMAR PEACE PROCESS— THE NATIONWIDE CEASEFIRE AGREEMENT On 7 August 2015, the Union Government, Hluttaw, Tatmadaw, and Ethnic Armed Organizations (EAOs) achieved a milestone in the peace process by finalizing the text of the Nationwide Ceasefire Agreement (NCA). President Thein Sein formally sent invitations to 15 Ethnic Armed Organizations (EAOs) on 18 August, 2015, to sign the NCA. Over the last 4 years, the Government held separate talks with each of the 15 EAOs and bilateral agreements were concluded. In total, 39 agreements at the state and union levels were signed. The Government accepted the request of the EAOs to organize meetings among themselves, and provided assistance for the holding of ethnic leaders summits. The Government also agreed to discuss proposals for the Nationwide Ceasefire Agreement that resulted from these summits. The Union Peace-Making Work Committee (UPWC) composed of representatives from the Government, Hluttaw, and Tatmadaw, and the Ethnic Armed Organizations’ Nationwide Ceasefire Coordination Team (NCCT) met over a 17-month period to finalize a mutually acceptable Nationwide Ceasefire Agreement. Talks began in early November 2013, and on 31 March, 2015, the draft text of the Nationwide Ceasefire Agreement, comprising 7 chapters and 33 paragraphs, was finalized. Although the government was ready to sign the Agreement, leaders of Ethnic Armed Organizations formed the Senior Delegation (SD) and requested amendments to the text of the Agreement. In the interest of achieving nationwide peace, the Government resumed negotiations, and on 7 August, 2015, all provisions of the Agreement were finalized.1 UEC ANNOUNCES PRELIMINARY CANDIDATE LISTS The country’s 2 main political parties — the ruling Union Solidarity and Development Party and the opposition National League for Democracy — will each field more than 1,000 candidates in the 8 November general election.
    [Show full text]