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

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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 5. Survey findings: Human rights priorities neglected 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 5.9 - Ratification of international treaties 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 When, in 2011, I had the opportunity to be the first foreigner to visit the new Parliament in Myanmar, I was able to perceive the caution and fear of the representatives of the political parties not associated with the government. When exchanging ideas, their silence was revealing. Decades of military rule and systematic human rights abuses, where freedom of expression was punished with prison and torture, were not easily forgotten. Some years have gone by and, in spite of the shortcomings, the political transition in Myanmar now offers a unique opportunity for civil society organizations and, more so, for political parties that represent different social, ethnic, and regional interests, to become real participants in the construction of their country and define the political and economic course. It is time to preserve and promote the human rights agenda, which is key for transition. Political parties have a fundamental role to play, because once elected, they will have not only the responsibility to control the government against abuses, but also their own obligation to respect and promote human rights. For this, the political parties should deepen their knowledge of and commitment to human rights, which is why the survey developed by the International Federation for Human Rights (FIDH) is not only a fitting project, but also very timely. Already some data is revealing. First, 58% of the respondents share the idea of establishing a truth and reconciliation commission to address the issue of accountability for past crimes committed by state-actors. This tendency indicates that to address the role of the military in government, it is first necessary to deal with crimes from the past. Another result is symptomatic: when asked how to address discrimination against Muslim Rohingya, 42% preferred not to respond. Ultimately, the results of the survey will provide invaluable information for all stakeholders working on human rights issues in Myanmar. This report will be useful in testing the commitments of the political parties after the election, and also to keep the human rights agenda alive. 2. EXECUTIVE SUMMARY On 8 November 2015, Burma’s electorate will vote for the representatives who will sit in Parliament from 2016 to 2021. The polls are anticipated to usher in a Parliament that will be markedly different from the body that was installed as a result of the November 2010 election and the April 2012 by-elections. This will be due to the significant number of seats that the National League for Democracy (NLD), the party led by Daw Aung San Suu Kyi, is expected to win. The November 2010 election was tainted by a flawed legal framework, a lack of inclusiveness, widespread corruption, irregularities, and voter fraud, and was boycotted by the NLD.1 As expected, the military-backed Union Solidarity and Development Party 1. ALTSEAN-Burma, Burma Issues & Concerns Vol. 6: The generals’ election, January 2011 4 FIDH - HALF EMPTY: BURMA’S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS (USDP) overwhelmingly won the polls. Dominated by the USDP and military-appointed members of Parliament (MPs), Parliament failed to amend or repeal many of Burma’s oppressive laws and blocked key constitutional amendments. In many cases, newly enacted legislation contained provisions that ran counter to international human rights standards. Other new laws prioritized political and economic interests over human rights. In addition, MPs rejected numerous proposals aimed at addressing important human rights issues. The likelihood that the next Parliament’s make-up will be substantially different from the current one does not necessarily mean that lawmakers will be more effective in addressing key human rights issues. This report, based on a survey of the human rights commitments of Burma’s political parties, found that parties generally favored actions aimed at tackling critical issues that have a negative impact on human rights. However, in several of those instances, the report shows that parties failed to identify and prioritize the specific measures that would address key human rights concerns in a direct and effective way. This was particularly true in the areas of legislative reform, ethnic minority rights, and women’s rights, where political considerations seemed to take precedence over human rights concerns. The report’s findings also reflect the disturbing situation regarding religious intolerance in Burma. Forty-two percent of the political parties refused to make any commitments on ways to address discrimination against Muslim Rohingya. More troubling was the fact that several parties aligned themselves with the government’s official position that denies the existence of Rohingya as one of Burma’s ethnic groups. In the final analysis, the alarming result was that almost three quarters of the political parties refused to support the amendment of the 1982 Citizenship Law to give Muslim Rohingya equal access to citizenship rights. In addition, responses in favor of the repeal of recently enacted legislation, misleadingly labeled ‘Race and Religion Protection Laws,’ garnered little support among the political parties. The report provides numerous recommendations to MPs, based on statements and reports issued by various UN special procedures as well as resolutions adopted by the UN Human Rights Council (UNHRC) and the UN General Assembly (UNGA). These recommendations provide a clear agenda for parliamentary action to deal with important human rights issues that, if left unaddressed by the newly elected MPs, risk seriously undermining the country’s reform process. 3. METHODOLOGY The survey’s findings are based on the responses provided between 20 August and 27 September 2015 by 19 of the 91 political parties that will run in the 8 November election [See Appendix 2: Political parties contesting the 8 November election]. The 19 political parties that participated in the survey are representative of Burma’s eight main ethnic groups and are based in 10 of the country’s 14 states and divisions. The survey is based on a questionnaire that contained 13 questions on a broad range of human rights issues [See Appendix 1: Survey’s complete results]. For each question, the questionnaire gave a brief explanation for most of the options provided as possible responses. A space was also left for political parties to include additional comments. The questionnaire allowed political parties to select multiple answers for each question. All of the political parties contacted were informed of the purpose of the survey and the ways in which the information would be used. 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 The outgoing MPs, who were elected in the November 2010 general election and the April 2012 by-elections, have been conspicuous for their unwillingness to exercise legislative power to address key human rights issues. Since convening in January 2011, Parliament, dominated by USDP and military-appointed MPs, has failed to amend or repeal many oppressive laws that are inconsistent with international human rights standards. Of the 16 laws identified by the former UN Special Rapporteur on human rights in Burma Tomás Ojea Quintana as not in line with international standards, Parliament has only repealed three: the 1934 Wireless Telegraphy Act; the 1962 Printers and Publishers Registration Act; and the 1988 Law Relating to Forming of Organizations [See Box 1: Laws identified as not in line with international standards].2 Box 1: Laws identified as not in line with international standards Still in effect 1. 1908 Unlawful Association Act 2. 1923 State Secrets Act 3. 1950 Emergency Provisions Act 4. 1975 State Protection Law 5. 1982 Citizenship Law 6. 1985 Television and Video Law 7. 1996 Computer Science Development Law 8. 1996 Motion Picture Law 9. 2004 Electronic Transactions Law 10. 2011 Peaceful Gathering and Demonstration Law 11. Criminal Code Articles 143, 145, 152, 295(a), 505, and 505(b) 12. Criminal Procedure Code Repealed 13. 1934 Wireless Telegraphy Act 14. 1962 Printers and Publishers Registration Act 15. 1988 Law Relating to Forming of Organizations 16. Law 5/19963 Source: FIDH 2. The 16 laws identified by the former UN Special Rapporteur on the situation of human rights in Burma Tomás Ojea Quintana as not in line with international standards: the Unlawful Association Act (1908); the State Secrets Act (1923); the Wireless Telegraphy Act (1934); the Emergency Provisions Act (1950); the Printers and Publishers Registration Act (1962); the State Protection Act (1975); the Citizenship Law (1982); the Law Relating to Forming of Organizations (1988); the Television and Video Law (1985); the Computer Science Development Law (1996); the Motion Picture Law (1996); Law 5/1996; the Electronic Transactions Law (2004); the Peaceful Gathering and Demonstration Law (2011); Criminal Code Articles 143, 145, 152, 295(a), 505, and 505(b); and the Criminal Procedure Code.
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