Burma/Myanmar in 2001: a Year of Waiting
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COUNCIL COMMON POSITION 2003/297/CFSP of 28 April 2003 on Burma/Myanmar
L 106/36EN Official Journal of the European Union 29.4.2003 (Acts adopted pursuant to Title V of the Treaty on European Union) COUNCIL COMMON POSITION 2003/297/CFSP of 28 April 2003 on Burma/Myanmar THE COUNCIL OF THE EUROPEAN UNION, will not be imposed if by that time there is substantive progress towards national reconciliation, the restoration of a democratic order and greater respect for human Having regard to the Treaty on European Union, and in parti- rights in Burma/Myanmar. cular Article 15 thereof, (6) Exemptions should be introduced in the arms embargo Whereas: in order to allow the export of certain military rated equipment for humanitarian use. (1) On 28 October 1996, the Council adopted Common Position 96/635/CFSP on Burma/Myanmar (1), which (7) The implementation of the visa ban should be without expires on 29 April 2003. prejudice to cases where a Member State is bound by an obligation of international law, or is host country of the Organisation for Security and Cooperation in Europe (2) In view of the further deterioration in the political situa- (OSCE), or where the Minister and Vice-Minister for tion in Burma/Myanmar, as witnessed by the failure of Foreign Affairs for Burma/Myanmar visit with prior noti- the military authorities to enter into substantive discus- fication and agreement of the Council. sions with the democratic movement concerning a process leading to national reconciliation, respect for human rights and democracy and the continuing serious (8) The implementation of the ban on high level visits at the violations -
Myanmar's Security Outlook and the Myanmar Defence Services
CHAPTER 7 Myanmar’s Security Outlook and the Myanmar Defence Services Tin Maung Maung Than Introduction: Elected civilian government and the military in politics There were expressions of disappointment and even outright condemnation by the West and opposition groups that viewed the 7 November 2010 elections, held under the auspices of the ruling State Peace and Development Council (SPDC), as neither free nor fair as well as lacking inclusiveness. Allegations of votes being manipulated in favour of the Union Solidarity and Development Party (USDP that was transformed from the military-sponsored Union Solidarity and Development Organization, led by former prime minister and retired general U Thein Sein), the boycott of National League for Democracy (NLD, which convincingly won the 1990 election and whose leader Nobel laureate Daw Aung San Suu Kyi was still under house arrest had refused to re-register for competing in the polls) and complaints of unfair election laws tarnished the victory of the USDP which won overwhelmingly. By winning over 79 percent of the contested seats in the Pyithu Hluttaw (People’s Assembly or lower house of parliament) and nearly 77 percent in the Amyotha Hluttaw (National Assembly or upper house of parliament) at the national level and substantially (majority party in all seven states and seven regions) at the provincial level, the USDP was in a position to form the Union Government as well as the respective Region/State Governments. Though the Chairman of the SPDC Senior General Than Shwe and the Vice Chairman -
Violent Repression in Burma: Human Rights and the Global Response
UCLA UCLA Pacific Basin Law Journal Title Violent Repression in Burma: Human Rights and the Global Response Permalink https://escholarship.org/uc/item/05k6p059 Journal UCLA Pacific Basin Law Journal, 10(2) Author Guyon, Rudy Publication Date 1992 DOI 10.5070/P8102021999 Peer reviewed eScholarship.org Powered by the California Digital Library University of California COMMENTS VIOLENT REPRESSION IN BURMA: HUMAN RIGHTS AND THE GLOBAL RESPONSE Rudy Guyont TABLE OF CONTENTS INTRODUCTION ........................................ 410 I. SLORC AND THE REPRESSION OF THE DEMOCRACY MOVEMENT ....................... 412 A. Burma: A Troubled History ..................... 412 B. The Pro-Democracy Rebellion and the Coup to Restore Military Control ......................... 414 C. Post Coup Elections and Political Repression ..... 417 D. Legalizing Repression ........................... 419 E. A Country Rife with Poverty, Drugs, and War ... 421 II. HUMAN RIGHTS ABUSES IN BURMA ........... 424 A. Murder and Summary Execution ................ 424 B. Systematic Racial Discrimination ................ 425 C. Forced Dislocations ............................. 426 D. Prolonged Arbitrary Detention .................. 426 E. Torture of Prisoners ............................. 427 F . R ape ............................................ 427 G . Portering ....................................... 428 H. Environmental Devastation ...................... 428 III. VIOLATIONS OF INTERNATIONAL LAW ....... 428 A. International Agreements of Burma .............. 429 1. The U.N. -
Burma Road to Poverty: a Socio-Political Analysis
THE BURMA ROAD TO POVERTY: A SOCIO-POLITICAL ANALYSIS' MYA MAUNG The recent political upheavals and emergence of what I term the "killing field" in the Socialist Republic of Burma under the military dictatorship of Ne Win and his successors received feverish international attention for the brief period of July through September 1988. Most accounts of these events tended to be journalistic and failed to explain their fundamental roots. This article analyzes and explains these phenomena in terms of two basic perspec- tives: a historical analysis of how the states of political and economic devel- opment are closely interrelated, and a socio-political analysis of the impact of the Burmese Way to Socialism 2, adopted and enforced by the military regime, on the structure and functions of Burmese society. Two main hypotheses of this study are: (1) a simple transfer of ownership of resources from the private to the public sector in the name of equity and justice for all by the military autarchy does not and cannot create efficiency or elevate technology to achieve the utopian dream of economic autarky and (2) the Burmese Way to Socialism, as a policy of social change, has not produced significant and fundamental changes in the social structure, culture, and personality of traditional Burmese society to bring about modernization. In fact, the first hypothesis can be confirmed in light of the vicious circle of direct controls-evasions-controls whereby military mismanagement transformed Burma from "the Rice Bowl of Asia," into the present "Rice Hole of Asia." 3 The second hypothesis is more complex and difficult to verify, yet enough evidence suggests that the tradi- tional authoritarian personalities of the military elite and their actions have reinforced traditional barriers to economic growth. -
Sold to Be Soldiers the Recruitment and Use of Child Soldiers in Burma
October 2007 Volume 19, No. 15(C) Sold to be Soldiers The Recruitment and Use of Child Soldiers in Burma Map of Burma........................................................................................................... 1 Terminology and Abbreviations................................................................................2 I. Summary...............................................................................................................5 The Government of Burma’s Armed Forces: The Tatmadaw ..................................6 Government Failure to Address Child Recruitment ...............................................9 Non-state Armed Groups....................................................................................11 The Local and International Response ............................................................... 12 II. Recommendations ............................................................................................. 14 To the State Peace and Development Council (SPDC) ........................................ 14 To All Non-state Armed Groups.......................................................................... 17 To the Governments of Thailand, Laos, Bangladesh, India, and China ............... 18 To the Government of Thailand.......................................................................... 18 To the United Nations High Commissioner for Refugees (UNHCR)....................... 18 To UNICEF ........................................................................................................ -
Official Journal of the European Communities 24.5.2000
24.5.2000 EN Official Journal of the European Communities L 122/1 (Acts adopted pursuant to Title V of the Treaty on European Union) COUNCIL COMMON POSITION of 26 April 2000 extending and amending Common Position 96/635/CFSP on Burma/Myanmar (2000/346/CFSP) THE COUNCIL OFTHE EUROPEAN UNION, whose names are listed in the Annex and their families. Having regard to the Treaty on European Union, and in par- ticular Article 15 thereof, By agreement of all Member States, the ban on the issue of an entry visa for the Foreign Minister may Whereas: be waived where it is in the interests of the Euro- (1) Common Position 96/635/CFSP of 28 October 1996 on pean Union; Burma/Myanmar (1) expires on 29 April 2000. (ii) high-level bilateral government (Ministers and offi- cials of political director level and above) visits to (2) There are severe and systematic violations of human Burma/Myanmar will be suspended; rights in Burma, with continuing and intensified repres- (iii) funds held abroad by persons referred to in (i) will sion of civil and political rights, and the Burmese be frozen; authorities have taken no steps towards democracy and national reconciliation. (iv) no equipment which might be used for internal repression or terrorism will be supplied to Burma/ (3) In this connection, the restrictive measures taken under Myanmar.’ Common Position 96/635/CFSP should be extended and strengthened. Article 2 (4) Action by the Community is needed in order to imple- Common Position 96/635/CFSP is hereby extended until 29 ment some of the measures cited below, October 2000. -
Myanmar Security Outlook: a Taxing Year for the Tatmadaw CHAPTER 4
CHAPTER 4 Myanmar Security Outlook: A Taxing Year for the Tatmadaw Tin Maung Maung Than Introduction 2015 was a landmark year in Myanmar politics. The general election was held on 8 November and the National League for Democracy (NLD) led by Nobel laureate Aung San Suu Kyi (daughter of Myanmar armed forces founder and independence hero General Aung San) won a landslide victory over the incumbent Union Solidarity and Development Party (USDP; a military-backed party led by ex-military officers and President Thein Sein). This was an unexpected development that could challenge the constitutionally-guaranteed political role of the military. The Tatmadaw (literally “royal force”) or Myanmar Defence Services (MDS) also faced a serious challenge to its primary security role when the defunct Myanmar National Democratic Alliance Army (MNDAA), a renegade ethnic armed organization (EAO), unleashed a furious assault to take over the Kokang Self-Administered Zone (KSAZ; bordering China) leading to a drawn out war of attrition lasting several months and threatening Myanmar-China relations. Tatmadaw: fighting multiple adversaries Despite actively participating in the peace process, launched by President Thein Sein’s elected government since 2011, The MDS found itself engaged in fierce fighting with powerful EAOs in the northern, eastern and south-eastern border regions of Myanmar. In fact, except for the MNDAA, most of these armed groups that engaged in armed conflict with the MDS throughout 2015 were associated with EAOs which had been officially negotiating with the government’s peace-making team toward a nationwide ceasefire agreement (NCA) since March 2014. Moreover, almost all of them had some form of bilateral ceasefire arrangements with the government in the past. -
CHAPTER 3 Myanmar Security Trend and Outlook:Tatmadaw in a New
CHAPTER 3 Myanmar Security Trend and Outlook: Tatmadaw in a New Political Environment Tin Maung Maung Than Introduction In March 2016, the Myanmar Armed Forces (MAF), or Myanmar Defence Services (MDS) which goes by the name “Tatmadaw (Royal Force),” supported the smooth transfer of power from President Thein Sein (whose Union Solidarity and Development Party lost the election) to President Htin Kyaw (nominated by the National League for Democracy that won the election).1 Despite speculations that the winning party and the Tatmadaw would lock horns as the former challenges the constitutionally-guaranteed political role of the military, the two protagonists seemed to have arrived at a modus vivendi that allowed for peaceful coexistence throughout the year. On the other hand, the last quarter of 2016 saw two seriously difficult security challenges that took the MDS by surprise both in terms of ferocity and suddenness. The consequences of the two violent attacks initiated by Muslim insurgents in the western Rakhine State, and an alliance of ethnic armed organizations (EAOs) in the northern Shan State, have gone beyond purely military challenges in view of their sheer complexity involving complicated issues of identity, ethnicity, and historical baggage as well as socio-economic and political grievances. Occurring at the border fo Bangladesh, the Rakhine conflagration, with religious and racial undertones, invited unwanted attention from Muslim countries while the fighting in the north bordering China raised concerns over potential Chinese reaction to serve its national interest. As such, Tatmadaw’s massive response to these challenges came under great scrutiny from the international community in general and human rights advocacy groups in particular. -
Vi. the Myanmar Prison System
TABLE OF CONTENTS I. INTRODUCTION....................................................................................................1 II. BACKGROUND......................................................................................................4 Subsequent developments..........................................................................................4 Human rights and the National Convention...............................................................6 Summary of recent arrests and releases .....................................................................8 III. UPDATE ON THE ARREST AND PRE-TRIAL DETENTION PROCESS.......10 Arbitrary arrests and detention without judicial oversight ......................................11 Torture and ill-treatment during pre-trial detention.................................................15 IV. UPDATE ON POLITICAL TRIALS AND SENTENCES...................................17 Sentencing................................................................................................................19 The death penalty.....................................................................................................20 V. UPDATE ON PROBLEMATIC LAWS................................................................25 VI. THE MYANMAR PRISON SYSTEM .................................................................30 Continuing humanitarian concerns ..........................................................................31 VII. CONCLUSION AND RECOMMENDATIONS.................................................34 -
View on Myanmar/Burma
Uniya JESUIT SOCIAL JUSTICE CENTRE VIEW ON ASIA briefing series MYANMAR/BURMA Union of Myanmar (Burma) Capital: Yangon (Rangoon) Head of state: Sen. General Than Shwe Border countries: Thailand, Laos, China, India, Bangladesh 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 constitution. In Mandalay August 2004, Myanmar/Burma was hit by SHAN Vietnam RAKHINE renewed sanctions from the US, faced being Laos banned from the upcoming Asia-Europe Meeting Yangon KAREN (ASEM) and its officials were barred from the 28th Olympic Games in Athens for its lack of MON Thailand human rights and democracy – a reminder that Myanmar/Burma still remains one of the most Cambodia difficult foreign policy challenges in Asia for the international community. Myanmar/Burma is situated east of the Andaman Sea and strategically buffers the world’s two Malaysia 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. Australia 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 lower Myanmar/Burma region; the its ethnic demography. -
Actos Adoptados En Aplicación Del Título V Del Tratado De La Unión Europea
L 154/116ES Diario Oficial de la Unión Europea 21.6.2003 (Actos adoptados en aplicación del título V del Tratado de la Unión Europea) DECISIÓN 2003/461/PESC DEL CONSEJO de 20 de junio de 2003 por la que se aplica la Posición Común 2003/297/PESC sobre Birmania/Myanmar EL CONSEJO DE LA UNIÓN EUROPEA, DECIDE: Vista la Posición Común 2003/297/PESC, de 28 de abril de 2003, sobre Birmania/Myanmar (1), y en particular sus artículos Artículo 1 8 y 9, junto con el apartado 2 del artículo 23 del Tratado de la La lista de personas que figura en el anexo de la Posición Unión Europea, Común 2003/297/PESC se sustituye por la lista que figura en el anexo. Considerando lo siguiente: (1) De acuerdo con el artículo 9 de la Posición Común Artículo 2 2003/297/PESC, la ampliación de determinadas sanciones allí establecidas, así como las prohibiciones Queda levantada la suspensión de las disposiciones del apartado establecidas en el apartado 2 del artículo 2 de la misma 2 del artículo 2 de la Posición Común 2003/297/PESC tal y Posición Común se suspendieron hasta el 29 de octubre como se establece en la letra b) del artículo 9 de la Posición de 2003, salvo que el Consejo decida lo contrario. Común. (2) A la vista del persistente deterioro de la situación política Artículo 3 en Birmania, en particular el arresto de Aung San Suu Kyi y otros destacados miembros de la Liga Nacional La presente Decisión surtirá efecto a partir del día de su adop- para la Democracia y el cierre de las oficinas de la ción. -
Myanmar Security Outlook: Peace-Making, Ceasefires, Communal Tensions and Politics
CHAPTER 4 Myanmar Security Outlook: Peace-making, Ceasefires, Communal Tensions and Politics Tin Maung Maung Than Introduction In accordance with the 2008 Constitution, President Thein Sein’s Union Government comprises two elected vice presidents and an appointed cabinet of Union ministers as well as the Attorney General. The bicameral legislature constitutes the Amyotha Hluttaw (national assembly or upper house) and Pyithu Hluttaw (people’s assembly or lower house) each of which includes 25 per cent military representatives nominated by the Commander-in-Chief (who has the status of Vice President but ranked 7th in national protocol). Pyidaungsu Hluttaw (union assembly) functions as the combined forum of both houses of Parliament. The executive and legislative branches together with the judiciary underpin the political regime instituted through the 2008 Constitution. Formulated under the auspices of the State Peace and Development Council (SPDC) it was described as “discipline flourishing democracy” by its designers. Administratively, Myanmar has 14 provinces comprising seven states (named after the major non-Bamar ethnic group that inhabits the region) and seven regions (areas with Bamar ethnic group as majority) each with its own government (headed by a chief minister, a Presidential appointee) and legislative assembly (Parliament). Some provinces include quasi-autonomous territories each designated as a self- administered division or zone (depending upon population) for ethnic minority communities. Below the provincial level, in a descending order of administrative authority, are districts, townships, and wards (in town) as well as village tracts (grouping of villages in the countryside). The national capital called Nay Pyi Taw (meaning abode of kings) was established in November 2005, replacing Yangon and administered separately as Union territory.