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MYANMAR/BURMA

Union of (Burma) Capital: (Rangoon) : Sen. General Border countries: , , , ,

India KACHIN Myanmar/Burma 1 has had a spurt of foreign relations controversies ever since it abruptly Bangla- China adjourned its controversial 2004 National desh CHIN Convention to draft a new . In

August 2004, Myanmar/Burma was hit by SHAN RAKHINE renewed sanctions from the US, faced being Laos banned from the upcoming Asia-Europe Meeting Yangon (ASEM) and its officials were barred from the KAREN MON 28th Olympic Games in Athens for its lack of Thailand rights and democracy – a reminder that Myanmar/Burma still remains one of the most difficult foreign policy challenges in Asia for the international community.

Myanmar/Burma is situated east of the Andaman

Sea and strategically buffers the ’s two largest populations, China and India. The

1 Since 1989 the authorities have promoted the name Myanmar instead of Burma as a conventional name for their state. The name change is recognised by the UN but not the US. does not seem to have an official position on the choice of terminology. Burmese expatriates, including those residing in Australia, continue to use the old colonial name. This paper uses both names, attaching no political significance to either term.

Released: September 2004 PO Box 522 Kings Cross NSW 1340 Australia Author: Minh Nguyen Tel (02) 9356 3888 Fax (02) 9356 3021 Web www.uniya.org Em [email protected] VIEW ON ASIA Myanmar/Burma 2

country is rich in resources and diverse in the /Burma region; the its ethnic demography. A former pariah Shan, a Thai-related hill people who lives state in the region and to the world, the along the Thai border; the Mon, who are military government of Myanmar/Burma concentrated in the southern part of has in recent times opened up the country’s Myanmar/Burma; the Chin, who live side- and attempted to build friendly by-side with the of India; and relations with its regional neighbours. The Kachin, a people along the deepening of bilateral relations with China Chinese border. Under British colonial rule and the Association of South East Asian (which conquered and ruled Nations (ASEAN) has been particularly Myanmar/Burma for more than a century) significant, with China now one of the diverse ethnic minority groups were Myanmar/Burma’s staunchest political administered as separate mini-states known defenders and top weapons suppliers. as “Frontier Areas”. British rule established a complex system of differing treatment for While Australia presently has very little different ethnic groups, the consequences of economic interest in Myanmar/Burma which continues to resonate today. itself, its interest in promoting and good regional relations should in turn The “divide and rule” strategy of the British engage Australia’s foreign policy priorities Raj entrenched ethnic nationalist in the country. With its eyes firmly on the sentiments, which became an impediment Asian , Australia also has an to creating a unified sense of nationhood in interest in a politically stable and confident Myanmar/Burma following independence region. As the military government of in 1948. Although there were early Myanmar/Burma attempts to woo its attempts at creating a federal political regional neighbours and prepares to take up framework for the newly independent the ASEAN chair in 2006, Australia should Myanmar/Burma, such plans eventually be keenly interested in the regime’s gave way to a unitary model. The new earnestness in delivering democracy and central government faced almost immediate human rights to its people, conditions armed challenges from political faction which are fundamental for national unity groups and ethnic minorities. The conflict and stability and therefore the prosperity of with ethnic groups continued almost the region as a whole. uninterruptedly until cease-fire processes were initiated just over a decade ago. The Karen, demanding greater autonomy, was Historical overview one of the first minority groups to take up Myanmar/Burma’s diverse ethnic mix – arms against the central government. By with 8 ethnic groups and over 100 the mid-1970s, nearly every major ethnic spoken dialects – is a result of a long group was armed, so that from the birth of history of migration and conflict along its an independent Myanmar/Burma, the fluid frontiers. The Burmans are the ruling military has been engaged in suppressing an Burmese that dominates the ongoing internal rebellion. The cost has country’s military and government.2 Most been massive with tens of thousands dead, of Myanmar/Burma’s ethnic minorities hundreds of thousands more displaced, a inhabit areas along the country’s crumbling economy and a thriving narcotics mountainous frontiers. The largest of the trade used to fund the conflict. minority groups are the Karen, who inhabit The second seed of Myanmar/Burma’s 2 In this paper, “Burmese” refers to the citizens and present troubles was sowed in 1962 when expatriates of Myanmar/Burma and to the official the country’s first prime minister, , language of Myanmar/Burma. “Burman” refers to was ousted in a military coup led by the dominant ethnic group in Myanmar/Burma. VIEW ON ASIA Myanmar/Burma 2

General . The coup occurred lawful political activities of NLD and other shortly after elections that saw the return of legal political parties. These gestures the U Nu government after 2 years of Ne followed “confidence-building talks” Win’s “caretaker” government. The between Suu Kyi and the junta, military feared that a challenge for as the generals attempted to develop greater constitutional reform by ethnic minority cooperation with neighbouring powers and groups and U Nu’s sympathy towards their the international community. Bodies like concerns could undermine Burman the International Labour Organisation influence in the frontier areas and could (ILO), the (UN) and lead to the breakup of the Union. were granted various opportunities to engage the SPDC on its The Ne Win regime adopted a policy of democratic and human rights record. The economic and political isolation from the SPDC even permitted the UN Secretary- international political economy. This General’s Special Envoy to policy enabled Ne Win to consolidate his Myanmar/Burma, , and the political rule and tighten oppression without UN Special Rapporteur on Human Rights scrutiny from the international community. in Myanmar/Burma, Professor Paulo Sergio Ne Win dominated the government until he Pinheiro, to visit the country on numerous was forced to step down in 1988 following occasions. widespread riots and student-led pro- democracy demonstrations that grew out of However, these positive movements were the government’s sudden devaluation of the short lived and a year after her release Aung national currency. The military assumed San Suu Kyi was rearrested as part of power, declared martial law and brutally another major crackdown on the NLD. The suppressed the demonstrations. Despite SPDC’s latest campaign against its main this, multiparty elections were held in 1990 opposition followed an incident on 30 May resulting in a decisive victory for the main 2003 in which at least a hundred people opposition National League for Democracy were killed when a government-affiliated (NLD), led by Daw , the group brutally attacked Aung San Suu daughter of independence hero Aung San. Kyi’s motorcade in Depayin.3 The However, the results were never accepted international community including ASEAN and despite strong international pressure, members swiftly condemned the human the , now called the State Peace and Development Council (SPDC), rights violations. Other countries took punitive measures. The EU and US continues its grip on power. renewed sanctions, including arms

embargo, trade sanctions, and travel The political and human rights restrictions on senior junta officials. situation – Myanmar/Burma’s largest aid donor – suspended new economic aid, while Aung San Suu Kyi, NLD Vice-President , and other opposition members have 3 The Burmese opposition refers to this incident as had various restrictions placed on their the “” or “Black Friday”. The Ad activities since 1989. In 2000 for the Hoc Commission on Depayin Massacre convened by second time since the election, she was the National Council of Union of Burma (NCUB) placed under house arrest. There were estimated the number killed could be as high as 282. Affidavits collected for the Commission hinted at positive signals coming from the regime by the premeditated and well-organised nature of the the end of 2001 however, including the attack. “It appeared that the attackers were restoration in May 2002 of Aung San Suu systematically trained”, one witness observed. “They Kyi’s , the continued mainly aimed and struck on the head. Even when I release of political prisoners and the was at a hundred yards, I heard with anguishing pain, the popping sounds of heads being broken by relaxation of some of the constraints on the savage blows.” VIEW ON ASIA Myanmar/Burma 3

Australia shelved its human rights leadership role of the state”.5 The workshops for middle-ranking Burmese Convention was adjourned at a time when officials. opposition to the Convention had been growing, domestically and internationally. Despite the international community’s reactions, the SPDC remained defiant, As the overall political situation in perhaps keen to show Western nations that Myanmar/Burma worsened after the the leadership had not been affected by Depayin incident, so too did its human criticisms or punishment. Unwilling to rights standing. For the military regime, restore Aung San Suu Kyi’s freedom, the stability and development have been its SPDC instead responded to international primary obsession. The regime justifies its and regional pressure with the appointment security measures and its role in national of General , the head of politics as necessary to maintain national intelligence who is considered a moderate, unity and internal order. The generals are as Prime Minister. Within days the new also morally content to draw on remnants of Prime Minister flagged a seven-step “ “Asian values” – the idea that supposed map” towards democracy, which includes East Asian cultural values prioritise the reconvening its “National Convention” to interests of the community over the discuss a new constitution for individual. One of the junta’s Myanmar/Burma, the adoption of the Memorandums to the 2003 UN constitution through a national referendum, Commission on Human Rights notes that, the holding of elections for legislative “The most fundamental and essential bodies, and the convening of legislative requirement for a country like bodies under the new constitution. The Myanmar/Burma is to fulfil [the] basic Convention was eventually convened but needs of the people … and also to raise abruptly adjourned, without the their standard of living. Other aspects of participation of the NLD, while Aung San human rights cannot be effectively Suu Kyi remained under house arrest. The implemented without fulfilling these basic SPDC continue to ignore its major domestic rights.”6 opponents and international calls for Aung San Suu Kyi’s release and genuine dialogue Asian values arguments are habitually with her party. delivered as a catchall defence for actual past or present violations of civil and The 2004 National Convention represents political rights. Myanmar/Burma continues the third attempt by the junta to draft a new to be the focus of scrutiny by the constitution to replace the 1974 constitution international community for a number of suspended since 1988. The National human rights violations associated with the Convention began on 17 May 2004 with the unruly behaviour of the security forces and participation of delegates handpicked by the the junta’s reluctance to reform. In the junta and a few representatives from those 2004 resolution on Myanmar/Burma’s ethnic groups that had entered into cease- human rights records, the UN Commission fire agreements with the junta. The junta on Human Rights expressed its grave left little doubt about its intentions to concern at “the ongoing systematic remain in national politics.4 One of the six violation of human rights” and listed, objectives of the Convention is “for the

Tatmadaw [the military] to be able to 5 participate in the national political Ibid. 6 UN, “Memorandum of the Situation of ,” Note verbale from the 4 “A milestone leading the nation to a new age,” The Permanent Mission of Myanmar to the UN Office at New light of Myanmar, 11 July 2004, Geneva, 21 2003, UN Doc http://www.myanmar.com/nlm/article/July11.htm E/CN.4/2003/G/47, para.92. VIEW ON ASIA Myanmar/Burma 4

among other things, the crackdown on the Centre for Human Rights and Democratic NLD and other political arrests and Development (ICHRDD), ownership of fax detention, extrajudicial killings and sexual machines and computers as well as access , the use of forced to the without government approval labour including , and is punishable by a prison term of 7 to 15 violations against religious and ethnic years.9 The SPDC’s vigilance has made minorities, especially in areas not under Myanmar/Burma third only to communist cease-fire agreements.7 and Cuba in the number of it holds behind bars.10 Suppressing dissent The issue of political prisoners tops the list Conflict with ethnic minorities of criticisms against Myanmar/Burma. While the international community remains Before the Depayin incident, the Home focused on the conflict between the Minister reported that there remained only a government and its opposition over the hundred political prisoners but this draws 1990 election, the problem of ethnic on a limited definition of political prisoners represents an equally pressing as those who are members of a political challenge for Myanmar/Burma’s move party. However as Pinheiro points out, the towards democracy and respect of human majority of them are students, rights.11 While a series of cease-fire professionals and other individual agreements have brought some relief to the dissidents arrested arbitrarily under junta, fighting still continues. The need to security laws and subjected to unfair trials unify the country remains a powerful and due process. Human rights groups argument for the generals in their hold on continue to estimate the number of such power, while armed conflict between the persons to be between 1200-1300 with junta and ethnic rebels remains a principle continued arrests and incidents of cause of human rights abuse in intimidation, particularly following the Myanmar/Burma. events at Depayin. The latest figures from the government list 153 people arrested Most human rights NGOs continue to following the Depayin incident, including report violations and widespread Aung San Suu Kyi and other NLD leaders, discriminatory practices in the context of in connection with the Depayin incident.8 the ’s counter- Pinheiro, however, believes that the real activities directed against ethnic and figure could be much higher. religious minorities. Pinheiro’s report in 2003 notes, “Serious human rights Another consequence of the Depayin violations have undoubtedly occurred and incident has been increased censorship in an continue to occur in the areas where armed already heavily controlled media groups operate.” One of the most serious environment. Myanmar/Burma continues reports, License to Rape released in May to be one of the few countries in the world 2002 by the Shan Human Rights that censors every publication through the Foundation (SHRF) and the Shan Women’s Literary Works Scrutinising Committee

(LWSC). For added measure, the penalties 9 ICHRDD, Submission to the 58th session of the for accessing unauthorised information are UN , Item 9, also severe. According to the International http://www.ichrdd.ca/english/prog/intHRadvocacy/5 8CommissionMyanmarEng.html. 10 Reporters Without Borders, Second World Press 7 UN HRC, Situation of Human Rights in Myanmar, Freedom Ranking, 2003, Resolution E/CN.4/2004/L.34, 9 2004. http://www.rsf.org/IMG/pdf/World_press_ranking.p 8 Paulo Sergio Pinheiro, Statement to the 16th df. session of the Commission on Human Rights, 11 ICG, “Myanmar Backgrounder: Ethnic Minority Geneva, 26 March 2004. Politics”, Asia Report No.52, 7 May 2003. VIEW ON ASIA Myanmar/Burma 5

Action Network (SWAN), alleges numbers. While some children were systematic and widespread use by the forcibly conscripted, others joined rebel Tatmadaw of rape and sexual violence as a groups to avenge past abuses by the weapon against the Shan ethnic minority. government against members of their The central government continues to deny families or community. such allegations as fabrications but concedes that out of the 173 allegations In a report to the Security Council made raised in the report, 5 were found to be under resolution 1379, the UN Secretary- true.12 Pinheiro had previously questioned General notes that “testimonies received by the objectivity and methodology by which UNICEF [UN Children’s Fund] confirm the junta had investigated the allegations. [HRW’s allegations].16 Pinheiro similarly reports that he was able to collect some The use of child soldiers information during the 2002 mission In the military campaign between the “reflecting the existence of child soldiers in government and ethnic rebels, both sides Myanmar” but was hesitant to speculate on are reportedly recruiting child soldiers. The the extent of the problem. SPDC strongly denies the use of child soldiers. Its statement at the 2004 UN The use of Commission on Human Rights claimed In 1930 the ILO established the Forced that: “Myanmar armed forces is an all- Labour Convention (ILO Convention 29). volunteer force, and those entering military In 1957 this convention was reinforced with service do so of their own free will. A Convention 109, the Abolition of Forced person can enlist in the armed forces only Labour Convention. Myanmar/Burma is a on attainment of the age of 18.”13 The signatory to this convention. An enquiry junta’s sensitivities came in light of the carried out by the ILO released in early July (HRW)’s 2002 1998 found “abundant evidence” of report,14 which alleges that pervasive use of forced civilian labour for Myanmar/Burma’s Tatmadaw has more portering, logging, and child soldiers than any other country in the construction and other work in support of world with as many as 70,000 soldiers the military. 17 The ILO report also notes under the age of 18. HRW’s investigation that the Towns Act (1907) and Villages Act found that the overwhelming majority of (1908) introduced under British colonial Myanmar/Burma’s child soldiers are in the rule made it legal for the army and police to national army, the Tatmadaw Kyi, which force people to work. As a result of forcibly recruits children as young as international pressures however, Order eleven. Once deployed, they are expected No.1/99 was issued under the directive of to “engage in combat, participate in human the SPDC banning forced labour.18 rights abuses against civilians, and are frequently beaten and abused by their 15 commanders.” Children are also found in 16 rebel groups, although in far smaller UN, Report of the Secretary-General on Children and Armed Conflict to the Security Council, UN Doc S/2002/1299, 26 2002. 12 Myanmar, Statement by the Myanmar Observer 17 ILO, Forced Labour in Myanmar (Burma), Report Delegation to the 16th session of the Commission on of the Commission of Inquiry to examine the Human Rights on Agenda item 12(a) “Violence observance by Myanmar of the Forced Labour against Women”, Geneva, 5 April 2004. Convention, 1930 (No. 29), 2 July 1998, 13 UN, Statement by the Myanmar Observer http://www.ilo.org/public/english/standards/relm/gb/ Delegation to the sixt ieth session of the Commission docs/gb273/myanmar.htm. on Human Rights, agenda 13, 7 April 2004. 18 See UN, “Memorandum of the Situation of 14 HRW, My Gun was as Tall as Me, New York, Human Rights in Myanmar,” Note verbale from the 2002, http://hrw.org/reports/2002/burma. Permanent Mission of Myanmar to the UN Office at 15 Ibid. Geneva, 57th session of the UN Commission on VIEW ON ASIA Myanmar/Burma 6

In November 2000 the ILO issued a There is international consensus that the sanction on Myanmar – the first time the junta needs to seriously engage with the international body had done so under domestic opposition and also discipline the provisions in its constitution. again behaviours of the Tatmadaw Kyi in its to international pressure, the junta agreed in counter-insurgency activities. However, the May 2003 on a joint “plan of action” with junta appears to be dragging its feet in the ILO to eliminate forced labour. That addressing both of these issues. In the initiative, which was to have commenced context of Myanmar/Burma’s political the following month, was aborted following and human rights problems, the the Depayin incident. The ILO had international community has devoted a repeatedly warned the junta over its great deal of energy and resources towards tardiness in delivering on the pledge to stop promoting change but with very little using, what the ILO estimates, more than success. The junta has shown that it is 800,000 conscripted labour. The ILO gave remarkably resilient, even if it is not the junta “a final opportunity to give impenetrable by outside pressure. practical effect to [their] assurances” before Commentators often agree that one of the considering renewed sanctions.19 main reasons for the international community’s weakness is the lack of coordinated and concerted action. Myanmar/Burma and Australia’s Currently, international strategies are strategy divided and inconsistent. The human rights and political situation in Myanmar/Burma continues to fall well Western nations, particularly the US and short of international law and norms. Many EU, advocate sanctions against the junta’s of the domestic laws and directives human rights and democratic failures, as a criminalise the exercise of certain human way of delegitimising and, to a lesser rights. On the other hand the government extent, destabilising the regime. In continues to participate in, or condone, or is contrast, China, India and ASEAN nations unwilling or unable to guard against the advocate a policy of “constructive contravention of certain basic human rights engagement” through increased trade, norms, particularly in relation to its diplomacy, and foreign linkages in the form campaign against ethnic . The of investment and , which latest crackdown on the NLD further eroded they argue will gradually encourage the Myanmar/Burma’s human rights record. generals towards the path of democracy. While the SPDC promised a seven-step These strategies reflect the geopolitical “roadmap” towards democracy, there are differences of Western countries that have few reasons for the international very little interest in Myanmar/Burma, and community and opposition forces to believe Asian countries harbouring postcolonial that the junta is serious about implementing sensitivities over national sovereignty and even its own roadmap so long as Aung San geostrategic and economic ambitions in the Suu Kyi and other dissidents remain under resource-rich and underdeveloped country. detention. In contrast, Australia seems confused over where it stands in relations to Myanmar/Burma. Like other Western nations, Australia has often protested loudly Human Rights, 21 March 2001, UN Doc about the human rights and political E/CN.4/2001/140. 19 ILO, Conclusions on Myanmar Regarding Forced situation in Myanmar/Burma. However, Labour, 18 June 2004, unlike other Western nations, Australia is http://www.ilo.org/public/english/region/asro/bangk unwilling to take any real action against the ok/public/releases/yr2004/pr04_19.htm VIEW ON ASIA Myanmar/Burma 7

junta when it fails in its responsibility to sure is that the debate over sanctions has protect its citizens from human rights become a distraction from the real issue. violations. Described as a “wait and see” What is more important than taking sides in attitude by Myint Cho,20 director of the this debate or embarking on unilateral Burmese Members of Union foreign policy projects, is to pursue a (MPU), Australia does not impose strategy that is consistent and coordinated economic or diplomatic sanctions on within a multilateral framework. “It is not Myanmar/Burma and has taken a position that either sanctions or engagement is a of neither encouraging nor discouraging more effective policy than the other”, Aung trade and investment there.21 Australia’s San Suu Kyi is reported to have said. “What self-styled “distinctive foreign policy” on we need is concerted effort from the Myanmar/Burma reflects little more than international community to synergise both Asian constructive engagement flavoured strategies to have maximum influence on with Western rhetoric. changes in Burma.”24

Foreign Affairs Minister Alexander No matter what strategy Australia adopts, it Downer once pointed out that sanctions could be more proactive in pursuing reform would not work without the support of in Myanmar/Burma in cooperation with the Myanmar/Burma’s Asian neighbours. It EU, US and regional partners. As has also been argued that the lack of negotiations for free trade agreements with regional support for sanctions is what China and ASEAN looms over Australia’s distinguishes Myanmar/Burma from the horizon, both Australia and its near anti-apartheid sanction experience in South neighbours need to be reminded that Africa. While the imposition of sanctions regional stability and prosperity are held at may have limits in Myanmar/Burma’s case, stake by the political impasse and human there is still no evidence to support the rights abuses in Myanmar/Burma. As conclusion that constructive engagement is demonstrated by the recent row between the achieving more. The China/ASEAN ASEAN and the EU over approach has similarly been tried for years Myanmar/Burma’s participation in the without substantive success. Events since October 2004 Europe-Asia in Depayin have now stalled any progress this Vietnam, instability and the lack of reform strategy had hoped to achieve. in one country could potentially hurt the entire region. Experts generally agree that there is no simple, risk-free solution to the political and human rights problems in 22 Myanmar/Burma. As David Baldwin, a Columbia University academic puts it, View on Asia is a publication of the Uniya Jesuit Social “there is no all-purpose instrument that Justice Centre, a research centre based in Sydney’s Kings works better in all situations”.23 What is Cross, Australia. The views expressed in this report are those of the author. Thanks to Myint Cho and Jesuit ministries staff for their helpful comments. Please email 20 Myint Cho, personal communication to the author. comments or corrections to [email protected]. 21 Frank Frost, “ASEAN at 30: Enlargement, Download more country reports at: www.uniya.org. Consolidation and the Problems of Cambodia”, 25 August 1997, http://www.aph.gov.au/library/pubs/CIB/1997- 98/98cib02.htm 22 Min Zin, “Sanctions Revisited” Irrawaddy Magazine, May 2001. Myanmar and elsewhere” Los Angeles Times, 18 23 David Baldwin, “Sanctions have gotten a bum rap: August 2004. Pundits despise them, but they can be effective in 24 Quoted in ibid. VIEW ON ASIA Myanmar/Burma 8

Internet resources

Amnesty, Amnesty Annual International Report, http://www.amnesty.org/ailib/aireport

Australian Department of Foreign Affairs and Trade, Burma Brief, August 2004, http://www.dfat.gov.au/geo/burma/burma_brief.html

AusAID, Burma Program Details, 14 July 2004, http://www.ausaid.gov.au/country/cbrief.cfm?DCon=7603_3421_1124_2053_2981& CountryId=8493641

BBC, Country Profile: Burma, http://news.bbc.co.uk/1/hi/world/asia- pacific/country_profiles/1300003.stm

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HRW, World Report 2003, http://hrw.org/wr2k3/asia2.html

ILO, Forced Labour in Myanmar (Burma), Report of the Commission of Inquiry to examine the observance by Myanmar of the Forced Labour Convention, 1930 (No. 29), 2 July 1998, http://www.ilo.org/public/english/standards/relm/gb/docs/gb273/myanmar.htm

Irrawaddy Publishing Group, Online Edition, http://www.irrawaddy.org

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UNHCHR, Status of Ratifications of Principal Human Rights Treaties, http://www.unhchr.ch/pdf/report.pdf