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BurmaNet News: December 27, part 2
UN: REPORT BY THE SECRETARY-GENERAL
UN: DRAFT RESOLUTION ON BURMA
NCGUB: STATEMENT ON UN RESOLUTION
CPPSM: NEWSLETTER October 1994, Vol 2, No 3 (beginning)
***************************************************************
UN: REPORT BY THE SECRETARY-GENERAL
November 25, 1994
UNITED NATIONS
___________________________________________________________
GENERAL ASSEMBLY
Distr:
GENERAL
A/49/716
25 November 1994
ORIGINAL : ENGLISH
94-46724 (E) 281194
___________________________________________________________
Forty-ninth Session
THIRD COMMITTEE
Agenda item 100 (c)
HUMAN RIGHTS QUESTIONS: HUMAN RIGHTS SITUATION AND
REPORTS OF SPECIAL RAPPORTEURS AND REPRESENTATIVES
Situation of Human Rights in Myanmar
Report of the Secretary-General
1. The present report is submitted pursuant to paragraph 15 of the
General Assembly resolution 48/150 of 20 December 1993, entitled
Situation of human rights in Myanmar, in which the Assembly requested
me to assist in the implementation of that resolution and to report to the
Assembly at its forty-ninth session.
2. As the General Assembly is aware, the Commission on Human
Rights has since 1992 nominated a Special Rapporteur whose mandate is to
establish direct contacts with the Government and people of Myanmar,
with a view to examining the situation of human rights in Myanmar,
including political leaders deprived of their liberty, their families and their
lawyers, and to report his findings to the General Assembly and to the
Commission. I have therefore interpreted my role as being not one of fact-
finding, but rather one of good offices in assisting the Government of
Myanmar to respond to the concerns of other Member States as expressed
in Assembly resolution 48/150.
3. On 25 February 1994, I addressed a letter to Lieutenant-General
Khin Nyunt, Secretary-1 of the State Law and Order Restoration Council,
expressing my desire to establish a dialogue with the Government of
Myanmar with the objective of exchanging views on the various issues of
common concern and to consider how the United Nations could assist in
facilitating continued progress towards the resolution of those issues (see
annex I to the present report). The letter was handed in person to
Lieutenant-General Khin Nyunt by Under-Secretary-General Rafeeuddin
Ahmed, at that time Executive Secretary of the Economic and Social
Commission for Asia and the Pacific (ESCAP), in the course of a visit he
paid to Myanmar in the middle of March.
4. In a letter dated 18 March 1994 addressed to me, the Secretary-1
of the State Law and Order Restoration Council took note of my desire to
establish a dialogue with hi Government and promised to communicate
with me on that subject in the near future. Following a demarche I made
with him in late June, Squadron Leader Prasong Soonsiri, the then Minister
for Foreign Affairs of Thailand, informed me in a letter dated 8 August of
the Government of Myanmar's acceptance of my offer. This was
subsequently confirmed in a letter, dated 24 August, addressed by the
Minister for Foreign Affairs of Myanmar to Mr. Rafeeuddin Ahmed, in
which he communicated that he had been appointed to represent Secretary-
1 in the dialogue. (The text of the letters from Secretary-1 and from the
Foreign Minister of Myanmar are reproduced in annex II.)
5. In view of the impending session of the General Assembly, I
suggested that advantage be taken of the Foreign Ministers presence in
New York during the general debate to initiate the dialogue. This was
accepted by the Myanmar authorities and I requested Mr. Marrack
Goulding, Under-Secretary-General for Political Affairs, to represent me at
the meetings, which were held at United Nations Headquarters.
6. At the first meeting, on 3 October, devoted largely to a discussion
of the modalities under which the dialogue would be conducted, it was
agreed that the talks would proceed in New York during Foreign Minister
Ohn Gyaws presence there and would continue, if necessary, in Yangon
prior to the submission of my report to the General Assembly. It was also
agreed that the discussion would cover three broad categories of subjects:
the Governments plans for a return to democracy, including the 1990
election, the National Convention and the situation of Daw Aung San Suu
Kyi and other political leaders; human rights and humanitarian issues; and
the prospects for the reintegrations of the national races in the political life
of the country.
7. These subjects were raised at a meeting I had with the Foreign
Minister on 12 October and were the focus of discussion at two long
substantive meetings between the Minister and Under-Secretary-General
Goulding on 6 and 12 October. At those meetings, which were conducted
in frank and open atmosphere, the Under-Secretary-General put forward
for the consideration of the Myanmar Government a series of ideas which,
if implemented, would indicate a response by the Government to the
concerns of the international community and would thus narrow the
differences that currently exist between Myanmar and other Member
States. The Foreign Minister, for his part, explained the position and
policies of his Government and provided clarifications or additional
information as necessary. He also agreed to convey to his Government the
various ideas suggested by the Under-Secretary-General.
8. It was agreed at the end of the meeting on 12 October that a
further round of talks could be held in Yangon before the submission of the
present report to the General Assembly, if that was the wish of the
Myanmar authorities. On 4 November, the Permanent Representative of
Myanmar to the United Nations conveyed to the Under-Secretary-General
an invitation to visit Yangon for this purpose. As Mr. Goulding was not
available to travel at that time, I requested Under-Secretary-General, now
Associate Administrator of the United Nations Development Programme
(UNDP), who had conveyed my original message to the Myanmar
authorities in March, to represent me at the resumed talks in Yangon. These
took place from 21 to 23 November.
9. Mr. Ahmed continued the exchange of views with the Foreign
Minister of Myanmar on the main issues covered in the two substantive
meetings in New York. In addition, during his stay at Yangon, he held talks
with Lieutenant-General Khin Nyunt, Secretary-1 of the State Law and
Order Restoration Council, and met with Chief Justice U Aung Toe,
Chairman of the National Convention Convening Work Committee, and
with Deputy Attorney-General U Khin Maung Aye.
10. While welcoming the two meetings which had recently taken
place between the Government and Daw Aung San Suu Kyi, my
representative reiterated the request already made in New York for a
meeting with her. The Myanmar authorities indicated that they intended to
pursue their dialogue with Daw Aung San Suu Kyi and that certain
understandings had been reached with her in this connection. In those
circumstances, they did not consider it advisable to accede to the United
Nations request for a meeting with her.
11. In the course of the meetings held in New York and Yangon, the
Government reiterated its intention to proceed towards a multi-party
democracy, at the earliest possible date consistent with a systematic and
step-by-step approach. The Government also indicated that a memorandum
of understanding with the International Committee of the Red Cross (ICRC)
was under active consideration and that a favourable decision was
expected in due course. The Government was not at present, however, in a
position to accept any of the specific ideas offered by the United Nations
side during the talks.
12. While this first phase of the dialogue with the Government of
Myanmar has not so far produced the results hoped of it, I welcome the fact
that it has begun. I also welcome the Governments agreement to continue it
in the months ahead and I purpose to proceed accordingly.
ANNEX I
Letter dated 25 February 1994 from the Secretary-General
addressed to Secretary-1 of the State Law and Order
Restoration Council
I have read with great interest the reports of the recent visit to Yangon by
United States Congressman Bill Richardson and his meeting with Daw Aung
San Suu Kyi, the first of which took place in the presence of the Resident
Representative of the United Nations Development Programme (UNDP), Mr
Jehan Raheem.
I welcome the decision of Your Excellencys Government to permit these
meetings. This decision and other measures taken recently by your
Government, including the release of a number of political prisoners and
the agreement with the Office of the United Nations High Commissioner for
Refugees (UNHCR) for a UNCHR presence on the Myanmar side of the
Bangladesh border, are positive steps. I hope that they can be followed by
others in the direction of achieving national reconciliation and restoring
the democratic process in Myanmar.
Foreign Minister Ohn Gyaw, in his statement to the General Assembly at
its forty-eighth session, reaffirmed your Governments consistent policy of
cooperating with the United Nations in every field, including human rights.
In this connection, I have requested Under-Secretary-General Rafeeuddin
Ahmed, Executive Secretary of the Economic and Social Commission for
Asia and the Pacific (ESCAP), to hand this letter to Your Excellency and to
convey personality to the Prime Minister and to you my desire to establish a
dialogue with your Government. The main objective of such dialogue
would be to exchange views on the various issues of common concern and
to consider how the United Nations can assist in facilitating continued
progress towards the resolution of these issues. I sincerely hope that Your
Excellencys Government is agreeable to this quiet approach, and you will
feel free to discuss with Mr. Ahmed the modalities of how such a dialogue
might be more fruitfully carried out.
(Signed) Boutros Boutros-Ghali
ANNEX II
A. Letter dated 18 March 1994 from the Secretary-1 of the
State Law and Order Restoration Council addressed to
the Secretary-General
I have the honour to acknowledge the receipt of your letter dated 25
February 1994 through the hands of the Under-Secretary-General Mr.
Rafeeuddin Ahmed, Executive Secretary of the Economic and Social
Commission for Asia and the Pacific, during his call on 16 March 1994 and
to express my sincere thanks for the constructive remarks in regard to the
measures taken by the Government of the Union of Myanmar in recent
months.
I am greatly encouraged to learn that Your Excellency has been keenly
interested in the developments in Myanmar, particularly the process of
national reconciliation and the steps taken to obtain a firm Constitution
through the National Convention and I assure you of our national
endeavour to carry out successfully the historical responsibility.
I have also noted with deep respect the desire you conveyed, through the
Executive Secretary, to establish dialogue with the Government of the
Union of Myanmar to exchange views on the various issues with a view to
considering how the United Nations can assist in facilitating continued
progress towards the resolution of these issues. I hope to communicate with
Your Excellency on this subject in the near future though I did not have
time to discuss this with Executive Secretary Ahmed Rafeeuddin during his
stay in Myanmar.
(Signed) Khin Nyunt
B. Letter dated 24 August 1994 from the Minister of Foreign
Affairs of Myanmar, addressed to the Executive Secretary
of the Economic and Social Commission for Asia and
the Pacific
With reference to the letter of the Secretary-General of the United
Nations dated 25 February 1994 which you have delivered to Lieutenant-
General Khin Nyunt, Secretary-1 of the State Law and Order Restoration
Council, in regard to establishing a dialogue between the United Nations
and the Government of the Union of Myanmar to exchange views on
various issues of common concern, I have the honour to inform you that I
shall be representing Secretary-1 to initiate the dialogue at a mutually
agreeable date.
I wish therefore to seek your advice on the modalities of how such
dialogue could be more fruitfully carried out.
The initial response to the proposal of the Secretary General to open a
dialogue has been transmitted through the Minister for Foreign Affairs of
Thailand on 21 July 1994 in Bangkok while you were away in New York on
official duty.
(Signed) Ohn Gyaw
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UN: DRAFT RESOLUTION ON BURMA
December 13, 1994
UNITED NATIONS
___________________________________________________________
GENERAL ASSEMBLY
Distr:
LIMITED
ANC.3/49/L.43
13 December 1994
ORIGINAL : ENGLISH
___________________________________________________________
Forty-ninth Session
THIRD COMMITTEE
Agenda item 100 (C)
HUMAN RIGHTS QUESTIONS : HUMAN RIGHTS SITUATION AND
REPORTS OF SPECIAL RAPPORTEURS AND REPRESENTATIVES
Andorra, Argentina, Armenia, Austria, Australia, Belgium, Benin, Bulgaria,
Canada, Chile, Costa Rice, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg,
Mauritius, Netherlands, Norway, Panama, Poland, Portugal, Republic of
Moldova, Romania, Russian Federation, Spain, South Africa, Sweden, the
United Kingdom of Great Britain and Northern Ireland and United States of
America : draft resolution
SITUATION OF HUMAN RIGHTS IN MYANMAR
THE GENERAL ASSEMBLY,
REAFFIRMING that all Member states have an obligation to promote and
protect human rights and fundamental freedoms as stated in the Charter of
the United Nations and elaborated in the Universal Declaration of Human
Rights, 1/the International Covenants on Human Rights 2/ and other
applicable human rights instruments,
AWARE that, in accordance with the charter, the organization promotes
and encourages respect for human rights and fundamental freedoms for all
and that the Universal Declaration of Human Rights states that the will of
the people shall be the basis of the authority of Government,
RECALLING its resolution 48/150 of 20 December 1993,
RECALLING ALSO Commission on Human Rights resolution 1992/50 of 3
March 1992, 3/ in which the Commission, inter alia, decided to nominate
a special rapporteur to establish direct contacts with the Government and
with the people of Myanmar, including political leaders deprived of their
liberty, their families and their lawyers, with a view to examining the
situation of human rights in Myanmar and following any progress made
towards the transfer of power to a civilian Government and the drafting of
a new constitution, the lifting of restrictions on personal freedoms and the
restoration of human rights in Myanmar,
RECALLING further Commission on Human Rights resolution 1994/85 of 9
March 1994, 4/ by which the Commission extended for one year the above
mandate of the Special Rapporteur,
GRAVELY CONCERNED that the Government of Myanmar still has not
implemented its commitments to take all necessary steps towards
democracy in the light of the results of the elections held in 1990,
GRAVELY CONCERNED ALSO at the continued violations of human rights
in Myanmar, as reported by the Special Rapporteur, in particular summary
and arbitrary executions, torture, forced labour and forced relocations,
abuse of women, politically motivated arrests and detentions, restrictions
on fundamental freedoms including the freedom of expression and
assembly, and the imposition of oppressive measures directed in particular
at the ethnic and religious minorities,
NOTING that the human rights situation in Myanmar has consequently
resulted in flows of refugees to neighbouring countries, thus creating
problems for the countries concerned,
NOTING ALSO the measures taken by the Government of Myanmar,
including its accession of the Geneva Convention of 12 August 1949 5/ on
the protection of victims of war, the conclusion of cease-fire agreement
with several groups of ethnic and religious minorities in Myanmar, the
withdrawal of its reservations to the Convention on the Rights of the Child
6/ and the release of a number of political prisoners in response to the
concerns expressed by the international community, including the General
Assembly and the Commission on Human Rights,
WELCOMING the cooperation between the Government of Myanmar and
the office of the United Nations High Commission for Refugees on the
voluntary repatriation of refugees from Bangladesh to Myanmar,
1. EXPRESSES ITS APPRECIATION to the Special Rapporteur
of the Commission of Human Rights for his interim report 7/;
2. EXPRESSES ALSO ITS APPRECIATION to the Secretary-
General for his report;
3. DEPLORES the continued violation of human rights in
Myanmar;
4. REPEATS its call on the Government of Myanmar to
release unconditionally and immediately the Nobel Peace Prize Laureate
Aung San Suu Kyi, who is now in her sixth year of detention without trial,
and other political leaders and remaining political prisoners;
5. WELCOMES the recent meeting between the Government
of Myanmar and Nobel Peace Prize Laureate Aung San Suu Kyi and
encourages the Government of Myanmar to engage in a substantive
political dialogue with Aung San Suu Kyi and other political leaders,
including representatives from ethnic groups, as the best means of
promoting national reconciliation and the full and early restoration of
democracy;
6. WELCOMES ALSO the recent discussion between the
Government of Myanmar and the Secretary-General and further
encourages the Government of Myanmar to continue to cooperate fully
with the Secretary-General;
7. AGAIN URGES the Government of Myanmar, in
conformity with its assurances given at various times, to take all necessary
steps towards the restoration of democracy in accordance with the will of
the people as expressed in the democratic elections held in 1990, and to
ensure that political parties can function freely;
8. NOTES WITH CONCERN that most of the representatives
duly elected in 1990 are still excluded from participating in the meeting of
the National Convention, created to prepare basic elements for the drafting
of new constitution, and that one of its objectives is to maintain the
participation of the armed forces in a leading role in the future political life
of the States, and notes also that there is as yet no process nor timetable for
concluding the National Convention;
9. STRONGLY URGES the Government of Myanmar to take
all appropriate measures to allow all citizens to participate freely in the
political process in accelerate with the principles of the Universal
Declaration of Human Rights, and to accelerate the process of transition to
democracy, in particular through the transfer of power to democratically
elected representatives;
10. URGES the Government of Myanmar to ensure full
respect for human rights and fundamental freedoms, including freedom of
expression and assembly, the protection of the rights of persons belonging
to ethnic and religious minorities, and to put an end to violations of the
right to life and integrity of the human being, to the practices of torture,
abuse of women, forced labour, forced relocation, to enforced
disappearances and summary execution;
11. APPEALS to the Government of Myanmar to consider
becoming a party to the International Covenant on Civil and Political Rights
2/ and the International Convent on Economic, Social and Cultural Rights
2/ and to the Convention against Torture and other Cruel, Inhuman and
Degrading Treatment or Punishment; 3/
12. URGES the Government of Myanmar to fulfill its
obligations as a States party to the Forced Labor Convention 1930(No-29)
and to the Freedom of Association and Protection of the Right to
Organization Convention 1984(No-87) of the International Labour
Organization;
13. STRESSES the importance to the Government of Myanmar
to give particular attention to conditions in the countrys jails and to allow
the International Committee of the Red Cross to communicate freely and
confidentially with prisoners;
14. REGRETS the recent harsh sentences meted out to a
number of dissidents, including persons voicing dissent in regard to the
procedures of the National Convention and persons sentenced, inter alia,
for seeking to communicate with the Special Rapporteur;
15. REGRETS ALSO that, while a certain number of political
prisoners have been released, many political leaders are still deprived of
their freedom and their fundamental rights;
16. CALLS UPON the Government of Myanmar to respect
fully the obligations of the Geneva Conventions of 12 August 1949, 5/ in
particular the obligations in article 3 common to the Conventions, and to
make use of such services as may be offered by impartial humanitarian
bodies;
17. EXPRESSES ITS CONCERN at the attack by Myanmar
soldiers on the civilian refugee camp at Halockhani on 21 July 1994;
18. ENCOURAGES the Government of Myanmar to create the
necessary conditions to ensure an end to the flows of refugees to
neighbouring countries and to facilitate their speedy repatriation and their
full reintegration, in conditions of safety and dignity;
19. REQUESTS the Secretary-General to continue his
discussions with the Government of Myanmar in order to assist in the
implementation of the present reconciliation and to report to the General
Assembly at its fiftieth session as well as to the Commission on Human
Rights at its fifty-first session;
20. DECIDES to continue its consideration of this question at
its fiftieth session.
___________________________________________________________
1/ Resolution 217 A (xxx)
2/ Resolution 2200 A (xxx), Annex,
3/ See Official Records of the Economic and Social Council, 1992,
Supplement No 2 (2/1992/22), chap. II, sect. A.
4/ Ibid., 1994 Supplement No 4 (E/1994/24), chap. II, sect. A.
5/ United Nations, Treaty Series, vol.75 Nos 970-973.
6/ Resolution 44/25.
7/ A/49/594 and Add.1, Annex.
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NCGUB: STATEMENT ON UN RESOLUTION
December 14, 1994
NCGUB welcomes the fourth consecutive consensus resolution on Burma by
the Third Committee at the 49th Session of the United Nations General
Assembly (UNGA). The resolution reflects the unanimous will of the
international community regarding the lack of substantive progress
towards democratization in Burma and the continued gross violations of
human rights perpetuated by the ruling junta, the State Law and Order
Restoration Council (SLORC).
As in previous resolutions, the UN urged SLORC to restore democracy in
Burma in accordance with the will of the Burmese people as expressed in
the 1990 elections. For the first time, the UNGA expressed its grave concern
about SLORC's forced relocation of civilian population, especially in ethnic
areas. Concern was also expressed about the July 1994 attack by SLORC
troops on the civilian refugee camp at Halockhani. The resolution
expressed its grave concern about the continued violation of human rights
including politically motivated arrests and the harsh sentences meted out to
dissidents for criticizing procedures at the National Convention and for
seeking to communicate with the UN Special Rapporteur for human rights.
UNGA repeated its concern that most of the elected representatives of the
1990 general elections are still excluded from the National Convention and
that one of the Conventions objectives is to allow the armed forces to retain
a leading role in the future political life of Burma. It also criticized the lack
of process or a timetable for concluding the National Convention.
The NCGUB and Burmese democratic forces especially welcome the
UNGAs request for the UN Secretary-General to assist in the
implementation of the present resolution, as well as in current efforts to
bring about national reconciliation in Burma. The NCGUB categorically
rejects the claims made by SLORC representative U Win Mra that a
domestic solution will be found for national reconciliation in Burma
without any outside involvement. SLORC did not accept the domestic
solution offered by the Burmese people in 1990 when they voted
overwhelmingly for the National League for Democracy led by Daw Aung
San Suu Kyi. Another example is SLORC's much publicized cease-fire talks
with Burma's ethnic groups. On the eve of the UNGA resolution, SLORC
troops on 10 December 1994, launched a military offensive to capture
Manerplaw, the headquarters of the Karen National Union (KNU) and the
democratic forces, and to capture Dawngwin, the headquarters of the All
Burma Students' Democratic Front (ABSDF). Intense fighting is continuing.
The UN and the international community must call on SLORC to cease its
military offensive against Manerplaw and Dawngwin if it is serious about
national reconciliation. Given SLORC's intransigence, UN assistance in the
reconciliation in Burma is a necessity.
In this context, the NCGUB is encouraged by the UNGA resolution urging to
engage in a substantive political dialogue with Daw Aung San Suu Kyi and
other political leaders, including representatives from ethnic groups, as the
best means of promoting national reconciliation and the full and early
restoration of democracy. The unconditional release of political prisoners,
allowing all citizens to participate in the political process, ensuring full
respect for human rights and fundamental freedoms, and ending human
rights violations will definitely facilitate the dialogue required for
reconciliation.
The NCGUB is thankful to the international community for its unanimous
support at the UNGA. The call for SLORC to allow the International
Committee of the Red Cross free and confidential access to prisoners is most
welcome. However, NCGUB is concerned for the safety of the Muslim
Rohingya refugees that are being repatriated from Bangladesh. The NCGUB
is not convinced that adequate safeguard are in place to prevent a
recurrence of the persecution and mass exodus of refugees. Credible
sources also say that the repatriation process may not be as voluntary as
officially reported. Another concern of the Burmese democracy movement
is the fact that some nations are considering renewing official development
and humanitarian aid to Burma based on some SLORC reforms in 1994, The
latest resolution adopted by the Third Committee clearly shows that no
genuine progress has taken place. UNGA resolutions are an expression of
the collective will of the international community and reflect the minimum
acceptable requirements. As such, nations wishing to facilitate the
restoration of democracy in Burma should measure the political progress in
Burma against the indisputable bench marks agreed to by all in the UNGA
resolutions. The NCGUB, therefore, calls on the international community
not to prematurely resume financial aid in any form to the military regime
in Burma until these internationally accepted bench marks are complied
with. Financial assistance now will undermine the political reconciliation
process in Burma and the aid will not reach the people. For example, while
stating that it does not have the resources to fund desperately needed social
programs, SLORC in recent years purchased US $ 1.2 billion worth of arms
from a neighbouring country and embarked on a program of expanding
the arm forces to 500,000 men. Furthermore, while stating that it is
pursuing a policy of reconciliation, SLORC again in recent weeks
purchased another US $ 400 million worth of arms from the same source.
It is time the international community backed up its will expressed in
UNGA resolutions with more concrete action. The military assault, on
Manerplaw and Dawngwin must be stopped. Without stronger
international pressure, such as an arms embargo and clearly indicating to
SLORC that the current National Convention is unacceptable, no
reconciliation in Burma can be achieved. Worse still, any indication to
SLORC that the international community is willing to relax its stand will
only serve to prolong the detention of Daw Aung San Suu Kyi and her
colleagues, not to mention the suffering of the Burmese people.
***************************************************************
CPPSM: NEWSLETTER
October 1994, Vol 2, No 3
[Map: Yadana gas field and future pipeline, existing Moulmein-Ye railway,
under construction Ye-Tavoy]
[Photo caption:
#1 The unpaid forced labourers on the construct ion of SLORC's new
military encampments along the Ye-Tavoy railway route.
#2 The unpaid forced labourers under SLORC's armed guard on the Ye-
Tavoy railway construction sites.
#3 One of the many new SLORC military encampments along the railway
route which were constructed with the unpaid forced labour at the same
time with the railway construction.
#4 Some Mon families from Kanbauk village of Yebyu township fleeing to
an area administrated by New Mon State Party to escape the unpaid forced
labour on the Ye-Tavoy railway construction during the previous dry
season.
#5 The local SLORC troops attacked this Mon refugee camp on 21st July
abusing many of the refugees and burning down many of their shelters.
#6 The Mon refugees eventually returning back to their unsafe shelters at
Halockhani on the Burmese side of the Thailand-Burma border after having
consistently been refused to seek refuge on the Thai border by Thai
authorities.]
YE-TAVOY RAILWAY CONSTRUCTION RESTARTED
SLORC CONTINUES USE OF FORCED LABOUR
MORE BURMESE REFUGEES TO FLOW OVER THE BORDERS
The Burmese military regime that goes by the name of the State Law and
Order Restoration Council (SLORC) has now restarted the construction of
the (177 kilometers) 110-mile-long railway which connects Mon State's
southern-most town Ye and Tenasserim Division's capital Tavoy. The
construction of this railway was started by SLORC at the beginning of the
November 1993 dry season, and was brought to a standstill at the onset of
the monsoon season in June 1994. As in the last dry season, SLORC
military authorities have again started to force a large number of local
inhabitants into labour to continue the railway construction. As a result,
hundreds of Mon, Karen and Tavoyan people - men, women and children -
have now started fleeing towards the Thai border.
Among the hundreds of people fleeing, 48 Mon people from Ye and Yebyu
townships arrived at Halockhani, a Mon refugee camp situated on the
Burmese side of the Thai-Burma border near Three Pagodas Pass, during
the second week of October 1994. According to these 48 escapees,
thousands of local inhabitants have already been conscripted as labour to
continue building embankments, clearing foliage and etc. as last dry season.
During a recent interview, Nai Khine, a young man from Paukpingwin,
explained the situation in his home area in Burma:
Many people in the railway construction area have now
started fleeing their villages as the railway construction
has begun. All the villagers have already experienced and
suffered the effects of having to do hard labour on the
railway construction last dry season: They were not paid
for their labour nor provided with any medicine when sick
during working; they had to bring their own food and tools
to work; if they did not arrive at the worksites on
designated time, they were beaten by the (SLORC)
soldiers; if they were not able to go and work, they had to
pay fines or hire substitutes to work for them; above all,
they did not even have enough time to work for their own
survival as they had to work on the railway construction all
through the dry season. All the working conditions and
rules on the railway construction now are completely the
same as last dry season's. The people cannot endure the
same hardship and as such have started fleeing now.
Nai Khine, in explaining the current situation in his home village
Paukpingwin concerning the forced labour, put it like this:
Now our Paukpingwin village has to provide 200 labourers
daily for the railway construction. Each of 200 households
has to provide one labourer. The means of collecting
labour is just like in last dry season . The local (SLORC)
commanders order the village headmen to send the
demanded number of labourers to the worksites everyday.
Any household failing to contribute a labourer have to pay
a fine of 200 Kyats each day. Bullock-carts are also used
for transportation of hardwood and other materials for the
railway construction without payment to their owners; the
bullocks and drivers are not even allowed to rest fully in
the night.
According to Nai Khine, 2 villagers of Paukpingwin (Yebyu township) were
killed by landslides while working on the railway construction last dry
season. Their families were not given compensation. "I don't think there is
any single village that has not yet suffered a death for the railway
construction," said a Mon man from Morkanin village during an interview
with him last May. The interviewee pointed out that 8 people from Lamine
village, 6 people from Kordoot village and 4 or 5 people from Morkanin
village in Ye township respectively died for the railway construction
because of landslide or sickness due to the inhuman working conditions.
Another 10 young Mon men from Paukpingwin village have also fled to
NMSP's Tavoy District area during the recent weeks to escape the forced
labour: Their ages range between 17 and 34. According to these 10
escapees, many of the local Mon people have abandoned their homes
bringing their cattle with them to escape the forced labour. According to
Nai Banya, a 51-year-old Mon man from Alesakhan village of Ye township
who has fled to the NMSP area recently, the local SLORC military have
opened 5 new labour-control centers at the following villages: (1) Koe
Mine, (2) Hangam, (3) Kalort, (4) Kort Hline respectively in Ye township,
and (5) Paukpingwin in Yebyu township; each of these labour-control
centers holds more than 1,000 labourers. These labourers include both
prisoners and local conscripts. Some 1,000 prisoners were brought to the
railway construction area during September and October by the SLORC.
Among the prisoners on the Ye-Tavoy railway construction, two escaped
and arrived at the NMSP's Tavoy district on 21 October: Maung Ko Thein,
a 28-year-old Burmese man from Bassine (Pathein) township of Arrawaddy
Division; and Maung Ko Oo, a 20-year-old Burmese man from Pyin Baung
Gyi village, Pegu township, Pegu Division. Both of these two slave-
labourers were detained in the SLORC labour-control center at Koe Mine
and were put to slave-labour on the railway construction along with
thousands of local conscripts until they escaped. During a recent interview,
the two escaped prisoners said that both of them were respectively
subjected to three-years' imprisonment due to their involvement in an illegal
lottery (Thai lottery). Maung Ko Thein was imprisoned in the Bassine jail
and Maung Ko Oo in the Moulmein jail before they were brought to the Ye-
Tavoy railway construction area during the second week of October. There
were 150 prisoners working for the railway construction in Koe Mine area,
according to the two escaped slave-labourers. During the interview, the two
escaped slave-labourers Maung Ko Thein and Maung Ko Oo said:
The prisoners are required to work 10 hours per day-from
6 a.m. to 5 p.m. with one hour's break (11 a.m. to 12
noon) for lunch. We the prisoners are provided with two
meals a day only one condensed-milk tin of rice per
person per meal. We are each provided with one
condensed-milk tin of watery yellow bean soup in the
morning meal and one condensed-milk tin of banana plant
soup in the evening meal to complement the rice. x x x x
x We have to dig and carry the soil for the embankments.
Each 15-man group of the prisoners are required to
complete the digging of a sixty-feet-long forty-foot-wide
and one-foot deep hole per day. Those groups of the
prisoners who cannot complete the work are severely
beaten with bamboo or cane sticks by the (SLORC)
soldiers. x x x x x We the prisoners are not provided with
sufficient drinking water. We are provided with only two
condensed-milk tin of drinking water per day. x x x x x As
a result many of the prisoners have suffered from
diarrhoea and dysentery and have become increasingly
weak.
According to well-informed local sources, the people in many villages in Ye
and Yebyu townships are now strictly deprived of their freedom of
movement as well as their freedom to work. The Mon farmers in the area
cannot go to their farms to work because if they are seen on the way or on
their farms by the SLORC troops they are seized and required to pay fines
of 1,000 Kyats per person or they are taken to contribute labour on the
railway construction. Some SLORC soldiers guarding at the railway
construction sites have recently reportedly told the labourers in a response
to their complaints about having to do the unpaid forced labour: "This
railway construction cannot be completed unless 30,000 labourers die for
it." By such slips of the tongue the SLORC soldiers clearly reveal their
cruel attitude towards the labourers, and further indicate how ruthlessly
they must have treated the labourers on the railway construction sites during
the previous season.
The ruling military regime, in response to mounting international
condemnation last year over its infamous human rights record and its
massive use of forced civilian labour for infrastructure projects, officially
stated that the people working on the Ye-Tavoy railway construction were
paid for their labour. However, it became abundantly clear that the
labourers were actually unpaid as alleged when the commander of SLORC's
regional Southeastern Military Command General Ket Sein publicly
admitted that the railway construction was completely to depend on the
local labour. General Ket Sein, in his public speech to the people in the
railway construction area which he delivered at Hangam village of Ye
township in March 1994, said:
We have got some financial support (reportedly 30 million
Kyats) from the central (SLORC) government for the
construction of this railway. This money, however, is not
enough and thus we would not like to use it for the railway
construction. We will, instead, use it for future
development projects in this area such as new schools,
hospitals, and etc.. So we must completely rely on the
labour of the local population to construct the railway.
During the last round of Mon-SLORC cease-fire talks held in Moulmein
from 26th June to 2nd July this year, a New Mon State Party representative
was told in a private conversation by SLORC officials from the
Southeastern Military Command that the labourers would be paid (when the
railway construction restarted in the dry season). This is completely
contradicted by the claims of the people who have most recently fled to the
Thai border to escape the forced labour, as well as the many who fled in the
previous seasons. The most recent escapees claim that the labourers are still
not paid, and that the working conditions and rules on the railway
construction are exactly the same as in last dry season.
For the seven months of the last dry season (from November 1993 through
to May 1994), the people of 7 townships in Mon State and Tenasserim
Division - namely Ye, Thanbyuzayat and Mudon in Mon State and Yebyu,
Tavoy, Launglon and Thayet Chaung in Tenasserim Division - were used by
SLORC as labour for the Ye-Tavoy railway construction. In the process of
the construction, SLORC increased the numbers of labourers: from 2,000
labourers per day in the start to fully 50,000 labourers per day in April and
May of 1994. Turns of the work duty were rotated among households
throughout the entire victimized area. Each household was required to
contribute one labourer for two-weeks of work duty. The labourers had to
complete the amount of given work within the two-week period. According
to a Mon woman from Hangam village who fled to the Thai border in March
1994 her family had served 6 rounds of the two-weeks' work duty totalling
more than 80 days of arduous work in the 5 months before she fled. An
estimated 120,000 to 150,000 people were forced to labour without pay,
food or even basic medical treatment on the railway construction during the
1993-1994 dry season. The labourers mainly included ethnic Mon, Karen,
Tavoyan and a small minority Burmans.
The working conditions were inhuman and appalling. The labourers had to
work extremely hard to complete the given pieces of work within the given
time. The weather was very hot with temperatures often over 35 degrees
centigrade. Any labourers who suffered minor sickness were not allowed to
rest from work until and unless they could provide substitutes for
themselves. No medicines were provided by SLORC for those labourers
who were sick on work. Nor compensations were given by SLORC for any
deaths and injuries for the railway construction. Hundreds of people
reportedly died mostly of various diseases including dysentery and diarrhea,
and due to accidents such as landslides on the work sites.
When a labourer fled from work, then his/her family were required to pay
fines of between 2,000 and 3,000 Kyats to the local SLORC military
authorities. Those labourers who unsuccessfully attempted to escape were
subjected to severe beating, detention, and/or fines by the local SLORC
military authorities. As the labourers working on the railway construction
mostly were bread winners of their own households, during their work duty
on the railway construction pregnant women, children, the old and the sick
in numerous households suffered chronic lack of access to sufficient food
and medicine because of the lack of access to their own livelihoods. An
estimated half million people related to the 120,000 to 150,000 forced
labour victims were affected by the long-term unpaid forced labour for the
Ye-Tavoy railway construction last dry season.
The local people were also plagued by the ubiquitous corruption of the
SLORC military authorities and technical management during the railway
construction period. There were 5 bulldozers and many drums of fuel
available to the SLORC railway construction authorities which were part of
the meagre contribution of the central administration of SLORC for the
construction of the railway. But these facilities were clearly
misappropriated by the local railway construction authorities for their
personal benefit. Any people who wanted or needed the help of these
machines had to hire them from the authorities with the additional charges
of fuel necessary to operate them. Those fleeing the forced labour last dry
season consistently claimed that the price for hiring a bulldozer was 10,000
to 15,000 Kyats per hour, and the price of fuel was 7,000 Kyats per 48-
gallon drum.
Now SLORC has restarted the construction of the 110-mile-long Ye-Tavoy
railway as the monsoon season has passed. At the same time, hundreds of
local Mon and Karen people have started moving away to escape having to
do unpaid forced labour on the railway construction. More than 60 Mon
people from Ye and Yebyu townships arrived at Halockhani Mon refugee
camp and NMSP's Tavoy district in the first week of October to escape the
unpaid forced labour. Other escapees have also reportedly arrived at KNU
strongholds along the border. If SLORC is going to use large scale forced
labour on the railway construction as they did in the last dry season, there is
no doubt there will be new influxes of Burmese ethnic refugees to the Thai
border.
The SLORC has deployed many more infantry battalions along the railway
route to provide security in the area across which the planned Burma-
Thailand gas pipeline will be laid. The forced labourers have in fact been
forced to work not simply for the railway construction, but also for the
construction of SLORC's new military encampments along the gas pipeline
and rail routes. This railway will be a great support for SLORC in fighting
with the armed ethnic opposition groups operating in the area, such as the
Karen National Union (KNU) and the New Mon State Party (NMSP). The
railway will greatly facilitate SLORC's deployment and infiltration of
troops into the gas pipeline project area, in which the Karen and Mon
guerrillas are presently active. At the same time, the railway will make it
significantly more difficult for the Mon and Karen guerrillas to move from
land to sea as SLORC's troops are present along the 110-mile length of the
railway as well as the parallel highway from Ye through to Tavoy. Although
the SLORC regime has successfully sought divisive cease-fire agreements
with some of the many other ethnic rebel groups in the country, it cannot
yet persuade either the Karen or Mon guerrilla groups to sign its cease-fire
terms. With the two strong revolutionary groups active in this area it is seen
as a necessity by the SLORC to complete the Ye-Tavoy railway which will
greatly help it to win military supremacy in the gas pipeline project area.
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end part two of three