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BurmaNet News: April 14, 1995 [#147 (r)
- Subject: BurmaNet News: April 14, 1995 [#147 (r)
- From: strider@xxxxxxxxxxx
- Date: Sun, 16 Apr 1995 05:14:00
Received: (from strider) by igc2.igc.apc.org (8.6.11/Revision: 1.11 ) id FAA27670 for conf:reg.burma; Sun, 16 Apr 1995 05:14:09 -0700
Date: Sun, 16 Apr 1995 05:14:09 -0700
Subject: BurmaNet News: April 14, 1995 [#147]
/* Written 4:40 AM Apr 14, 1995 by burmanet in igc:reg.burma */
/* ---------- "BurmaNet News: April 14, 1995 [#147" ---------- */
Subject: BurmaNet News: April 14, 1995 [#147]
**************************BurmaNet***************************
"Appropriate Information Technologies, Practical Strategies"
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The BurmaNet News: 14 APRIL 1995
Issue #147
**************************************************************
NOTED IN PASSING:
Nonetheless, on balance, in view of the persistent abuses by the
SLORC, including its use of forced labor, its wholesale denial
of basic political rights, and blatant manipulation of the
national convention, Burma must continue to be judged a serious
violator of international human rights norms. The expressions
of deep concern by the international community about the human
rights situation in Burma in successive resolutions adopted since
1991 by the UNHCR and the U.N. General Assembly have failed thus
far to have an appreciable impact on the SLORC's behavior.
<U.S. Government, See USG: BURMA HUMAN RIGHTS
PRACTICES, 1994>
Contents:
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
UNCHR: SITUATION OF HUMAN RIGHTS IN MYANMAR
USG: BURMA HUMAN RIGHTS PRACTICES, 1994
SCB: BURMA HUMAN RIGHTS REPORTS # 9
SCB: MY RECENT VISIT TO BURMA
SCB: LOOKING FOR BURMESE SPEAKER
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*********************CONTACT REQUESTS*************************
[Originally posted to reg.burma newsgroup]
Larry
zar1963 reg.burma 7:24 PM Apr 10, 1995
(at violet.berkeley.edu)
Does anyone have an email address of Larry from Seattle, who is a friend
of Mike Cullinane from Wisconsin?
Thanks in advance.
zarni
***************************************************************
UNCHR: SITUATION OF HUMAN RIGHTS IN MYANMAR
uneoosoc.culture.burma12:06 AM Apr 7, 1995
(at physics.adelaide.edu.au)(From News system)
Summary: The 51st session of CHR resolution on Burma; March 1995.
[Disclaimer: these postings are not the views of the university of
Adelaide ]
---------------------------------------------------------------
/* posted Apr 7 3:30 pm 1995 by uneoo@physics on igc:reg.burma */ /*
--------------" 95'CHR Resolution on Burma "---------------- */
COMMISSION ON HUMAN RIGHTS
Fifty-first session
30 January - 10 March 1995
1995/72. Situation of human rights in Myanmar
------------------------------------
The Commission on Human Rights,
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 Naions and as elaborated in
the Universal Declaration of Human Rights, the International
Covenants on Human Rights and other applicable human rights
instruments,
Aware: that, in accordance with the Charter, the United Nations
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 the government,
Noting with particular concern: in this regard that the
electoral process initiated im Myanmar by the general elections
of 27 May 1990 has not yet reached its conclusion and that the
Government still has not implemented its commitments to take all
necessary steps towards democracy in the light of those
elections,
Deploring: that many political leaders, in particular elected
representatives, remain deprived of their liberty and that Daw
Aung San Suu Kyi, a Noble Peace Prize laureate, is still under
house arrest, which has recently been extended, and, while
acknowledging the recent release of a substantial number of
political prisoners, notes with dismay that in many cases their
release was on condition that they not resumenpolitical
activity,
Noting: the measures taken by the Govenment of Myanmar,
including its accession to the Geneva Conventions of 12 August
1949 for the protection of war victims, the concluding
cease-fire agreements with ethnic groups, the withdrawal of
several reservations it had entered concerning the Convention on
the Rights of the Child and the freeing of certain number of
political prisoners, in response to the concerns repeatedly
expressed by the international community,
Gravely concerned: by the recent offensive against the Karen
National Union, Burmese student activists and other groups of
the political opposition, and by the resulting exodus of
refugees into Thailand,
Condemning: the Government of Thailand ofr its humanitarian
action in receiving the refugees fleeing from the fighting, and
encouraging the Government of thailand to wark closely with the
Office of the United Nations High Commissioner for Refuges,
Gravely concerned: at the violations of human rights in Myanmar,
which remain extremely serious, in particular the practice of
torture, summary and arbitrary executions, forced labour,
including forced portering for the military, abuse of women,
politically motivated arrests and detention, forced displacement
of the population, the existence of important restrictions on
the exercise of fundamental freedoms, including the freedom of
expressions and association, and the imposition of oppressive
measures directed, in particular, at ethnic and religious
minority groups,
Noting: that many violations directly affect women, in
particular women belonging to minorities, who have suffered
ill-treatment, especially at the hands of the military, as
stated by the Special Rapporteur,
Noting also: that these violetions have resulted in flows of
refugees towards neighbouring countries,
Commending: however, the existing cooperation between the
Government of Myanmar and the United Nations High Commissioner
for Refugees on the free and voluntary repatriatiion of refugees
located in Bangladesh, and their rehabilitation and
reintegration, and encouraging the Government of MYanmar to
pursue this cooperation,
Having examined: the reports of the Working Group on Arbitrary
Detention (E/CN.4/1995/31 and Add.1-2), the Special Rapporteru
on the question of religious intolerance (E/CN.4/1995/91) and
the Special Rapporteur on extrajudicial, summary or arbitrary
executions (E/CN.4/1995/61),
Recalling: its resolution 1992/58 of 3 March 1992, in which it
decided to nominate a special rapporteur to establish direct
contacts with the Government and 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 also: its resolution 1994/85 of 9 March 1994,
Taking note: of General Assembly resolution 49/197 of 23
December 1994,
Noting that: the Special Rapporteur visited Myanmar in November
1994 at the invitation of the Government of Myanmar,
Deploring:,however, that in spite of resolution 1993/73
requesting the Myanmar authorities to extend their full and
unreserved cooperation to the Special Rapporteur, he has been
denied access to Daw Aung San Suu Kyi,
Taking note: of the request by the General Assembly to the
Secretary-General to continue his discussions with the
Government of Myanmar in order to assist in the implementation
of Assembly resolution 49/197 of 23 December 1994, as well as in
efforts by the Government to achieve national reconciliation,
Welcoming: the discussions held to date between the
representatives of the Government of MYanmar and the
representatives of the Secretary-General,
Regretting: thatthe representatives of the Secretary-General
have not been given access to Daw Aung San Suu Kyi,
Reaffirming: that Daw Aung San Suu Kyi, a Nobel Peace Prize
laureate, mst be released immediately and unconditionally along
with all other persons detained for political reasons,
1. Expresses its thanks: to the Special Rapporteur for his
report (E/CN.4/1995/65 and Corr.1) and the conclusions and
recommendations containde therein;
2. EXpresses its appreciation: to the Secretary-General for his
report on his mission of good offices in Myanmar
(E/CN.4/1995/150);
3. Deplores: the continuing serious violations of human rights
in Myanmar and, in particular, the fact that a number of
political leaders, including Daw Aung Kan Suu Kyi and other
leaders of the National Leagur for Democracy , remain deprived
of their liberty;
4. Strongly urges: the Government of MYanmar to release
immediately and unconditionally the Nobel Peace Prize laureate
Daw Aung San Suu Kyi, detained with trial for more than five
years, as well as other detained political leaders and all
political prisoners, to ensure their physical integrity and to
permit them to participate in the process of national
reconciliation;
5. Commends: the recent meetings between Myanmar government
representatives and the Nobel Peace Prize laureate, Daw Aung San
Suu Kyi, and urges the Government of Myanmar to open a
substantial political dialogue with her and with other political
leaders, including representatives of ethnic groups, as the best
means to arrive at national reconciliation and the complete and
rapid installation of democracy;
6. Deplores:, in consequence, the military offensive carried out
by the Government of MYanmar against the Karen National Union,
Burmese students activists andother groups of the political
opposition, which is incompatible with the Government's dclared
policy of national reconciliation;
7. Welcomes the recent discussions between the representatives
of the Government of MYanmar and the Secretary-General, and
encourages the Government to continue to cooperate with the
Secretary-General,
8. Again urges: the government of MYanmar to take, in conformity
with the assurances given at various times, all necessary
measures to guarantee democracy in full accordance with the will
of the people as expressed in the democratic elections held in
1990, and to ensure that all political parties may freely
exercise their activities;
9. Notes with concern: that most of the representatives
democratically elected in 1990 have been excluded from
participating in the meetings of the National Convention, that
severe restrictions have been imposed on delegates, including
members of the National League for Democracy, who are unable to
meet or distribute their literature, that one of the objectives
of the Convention is to maintain the participation of the armed
forces(Tatmadaw) in a leading role in the future political like
of the State and that no timetable as yet exists for the
completion of the work of the National convention, and concludes
that the National Convention does not appear to constitute the
necessary steps towards the restoration of democracy;
10. Strongly urges: the Government of Myanmar to take all
appropriate measures to allow all citizens to participate freely
in the political process, in accordance 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 the democratically-elected representatives,
lifting restraining orders placed on anumber of political
leaders, releasing those who are detainde and ensuring that all
political parties can function freely;
11. Strongly urges: the Government of Myanmar to guarantee full
respect for human rights and fundamental freedoms, in particular
the freedom of expression and opinion and the right of
association and of assembly, to restore protection of persons
belonging to minority groups, in particular against
discrimination, especially in the framework of the citizenship
laws, and to put an end to violations of the right to life and
the integrity of the human being, to the practice of torture,
abuse of women and forced labour, to enforced displacements of
the population and to enforced disappearances and eummary
executions;
12. Reminds: the Government of Myanmar of its obligations to put
an end to the impunity of perpetrators of violations of human
rights, including members of the military, and its
responsibility to investigate alleged cased of human rights
violations committed by its agents on its territory, to bring
them to justice, prosecute them and punish those found guilty,
in all circumstances;
13. 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 condemned in
particular for seeking to meet with the Special Rapporteur;
14. Welcomes: the recent release of a certain number of
political prisoners, but at the same time deeplly regrets that
many political leaders are still deprived of their freedom and
their fundamental rights;
15. Call upon: the government of Myanmar to consider becoming a
party to the International Covenent on Civil and Political
Rights and the International Covenant on Economic, Social and
Cultural Rights, and to the convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment;
16. Appeals: to the Government of Myanmar to fulfill its
obligations as a State party to the Forced labour convention,
1930 (No.29) and the Freedom of Association and Protection of
the Right to Organise Convention 1948 (No. 87) of the
International Labour Organization;
17. Encourages: the government of Myanmar to continue to lift
the remaining emergency measures;
18. Requests the Government of Myanmar to ensure that all
persons, without discrimination, are afforded the minimum
guarantees for a fair trial, according to due process of law and
in conformity with applicable international standards, theat
laws are given due publicity and that the principle of
non-retroactivity of laws is respected;
19. Encourages: the Government of MYanmar to create the
necessary conditions to facilitate the voluntary repatriation of
refugees and their full reintegration, in conditions of safety
and dignity, in close cooperation with the Office of the United
Nations High Commissioner for Refugees;
20. Invites: the Government of Myanmar to respect fully its
obligations under the Geneva conventions of 12 August 1949, and
to avail itself of such services as may be offered by impartial
humanitarian bodies;
21. Stresses: that it is important for the Government of Myanmar
to give particular attention to prison conditions in the
country's jail and to allow international humanitarian
organizations to communicate freely and confidentially with
prisoners;
22. Welcomes: the first measures taken by the government of
Myanmar to provide for the training of military personnel in
international humanitarian law, and requests it to intensify its
efforts in that regard and to extend them to police and prison
personnel;
23. Decides to extend for one year the mandate of the Special
Rapporteur to establish or continue direct contacts with the
Government and people of Myanmar, including political leaders
deprived of their liberty, their families and their lawyers, and
requests him to report to the General Assembly at its fiftieth
session and to the commission on Human Rights at its
fifty-second session.
24. Requests: the Secretary-General to give all necessary
assistance to the Special Rapporteur;
25. Urges: the Government of Mynamar to cooperate fully and
unreservedly with the Commission and the Special Rapporteur and,
to that end, to ensure that the Special Rapporteur effectively
ahs free access to any person in MYanmar whom he may deem it
appropriate to meet in the performance of his mandate, including
Daw Aung San Suu Kyi;
26. Encourages: the Secretary-General, in the discharge of his
good offices mandate, to continue his discussions with the
Government of MYanmar in order to assist in the implementation
of General Assembly resolution 49/197, as well as in its efforts
for national reconciliation and towards the resumption of
democracy;
27. Decides: to keep the matter under review at its fifty-second
session under the agenda item entitled "Question of the
violation of human rights and fundamental freedoms in any part
of the world, with particular reference to colonial and other
dependent countries and territories";
28. Recommends: the following draft decision to the Economic and
Social council for adoption:
" The Economic and Social council, taking note of Commission
on Human Rights resolution 1995/72 of 8 March 1995, approves
the Commission's decision to extend for one year the mandate
of the Special Rapporteur to establish or continue contacts
with the Government and people of Myanmar, including
political leaders deprived of their liberty, their families
and their lawyers, and its request to him to report to the
General Assembly at its fiftieth session and to the
commission on Human Rights at its fifty-second session, and
also approves the Commission's request to the
Secretary-General to give all necessary assistance to the
Special Rapporteur."
60th meeting: 8 March 1995
[Adopted without a vote. See chap. XII.]
USG: BURMA HUMAN RIGHTS PRACTICES, 1994
BURMA HUMAN RIGHTS PRACTICES
posted by akhu@xxxxxxxxxxxxxxxxxx
soc.culture.burma
11:34 PM Apr 10, 1995
(at news.pittstate.edu)
(From News system)
TITLE: BURMA HUMAN RIGHTS PRACTICES, 1994
DATE: JANUARY 31, 1995
AUTHOR: U.S. DEPARTMENT OF STATE
BURMA
Burma is ruled by a highly authoritarian, military regime that has been
condemned for its serious human rights abuses.
Heading the latest version of a military dictatorship that has presided
over the country with an unyielding grip for more than three decades is
the State Law and Order Restoration Council (SLORC), which took power
in September 1988 after harshly suppressing massive prodemocracy
demonstrations. Longtime dictator General Ne Win, whose policies had
pushed Burma to the margins of the international community and driven
the country into a deep economic decline, resigned shortly before
SLORC's emergence. Nevrtheless, he continued to wield the power
behind the scenes.
The SLORC, headed by the armed forces commander and composed of senior
military officers, permitted a relatively free election in 1990.
However, it failed to honor the results--which were an overwhelming
rejection of military rule--or to cede power to the victorious party
headed by prodemocracy movement leaders. Instead, the SLORC attacked
the coalition of winning political parties through detentions, house
arrests, and intimidation.
Since General Than Shwe became Chief of State in April 1992, the SLORC
has taken some modest steps to lessen its harsh rule, including
reopening the universities and releasing over 2,000 political
prisoners. In January 1993, the SLORC inaugurated a national
convention to begin work on a new constitution. However, SLORC
officials stage-managed the proceedings and overrode even limited
opposition, interrogating and harassing delegates whoattemped to
deviate from the regime's position, and even sentenced one prodemocracy
delegate to 20 years in prison for distributing information critical of
the convention proceedings. It seems clear that the SLORC's domination
of the convention, which has no mandate from the people, is to ensure
adoption of a constitutional blueprint effectively guaranteeing the
military's continued hold on power.
The Government reinforces its rule via a pervasive security apparatus
led by the Directorate of Defense Services
Intelligence (DDSI) and the National Intelligence Bureau
(NIB). Control is buttressed by restrictions on contact with
foreigners; surveillance of government employees and private citizens;
and arrests, detentions, harassment, intimidation, and mistreatment of
political activists. The Government
justifies its security measures as necessary to maintain order and
national unity, although several longstanding insurgent groups have
reached accommodations with the SLORC in recent years and th ohers pose
little threat to major population centers.
Burma is primarily an agricultural country, although it also has
substantial mineral, fishing, and timber resources. After Ne Win's
26-year rule reduced southeast Asia's richest land to a U.N.-designated
"least developed country," the SLORC
abandoned the "Burmese Way to Socialism" in 1988, opening up the
economy to permit private sector expansion and attract investment and
badly needed foreign exchange, which has
resulted in a limited improvement in the economy. The
Government has hindered development of the private sector, however, by
failing to address fundamental problems:
restrictions on private commerce; constantly changing rules and
regulations; overcentralized decision making; a bloated
bureaucracy; a greatly overvalued currency; poor civilian
infrastructure; and grossly disproportionate military spending.
There was no marked increase in the level of human rights abuses in
199, n large measure because the SLORC had already been so successful
in intimidating the Burmese people. At the same time, Burmese
authorities took only limited steps to correct longstanding, serious
human rights violations. The Government's use of forced
labor--especially as porters for the army--as well as forced
resettlement of civilians continued, causing hundreds of deaths due to
disease, harsh treatment, and overwork. Five hundred or more Burmese
remained in prison for political reasons, including more than 40
parliamentarians elected in 1990; approximately 200,000 Rohingyas
(Burmese Muslims from Arakan State) remained in refugee camps in
Bangladesh; a few thousand students and dissidents continued as exiles
in Thailand; and roughly 71,000 Burmese live in ethnic minority camps
in Thailand near the Burma border.
Nobel Laureate Aung San Suu Kyi remained under house arrest, her fifth
year of detention by the SLORC, without being charged or having access
to legal proceedings. The SLORC persisted in denying basicfredom of
speech and assembly, and arbitrary intrusions into private life
remained pervasive. In a closed trial, in October, the regime
sentenced 12 dissidents,
including one of the delegates to the National Convention, to 20 years
in prison for distributing anti-SLORC information.
The SLORC ignored a comprehensive resolution on Burma adopted by
consensus in 1993 at the U.N. Human Rights Commission
(UNHRC) calling for an end to human rights violations in Burma, the
unconditional release of Aung San Suu Kyi and all other political
prisoners, and the implementation of the 1990
elections.
On the positive side, the SLORC commuted all death sentences handed
down since it took power; released over 700 persons believed to be
political prisoners; permitted the first-ever meetings between
political prisoners and foreign visitors; and allowed additional family
visits to Aung San Suu Kyi. Over 50,000 Rohingyas returned to Arakan
State in 1993, and the Government sgnd a Memorandum of Understanding in
November with the U.N. High Commissioner for Refugees (UNHCR) providing
for a presence in Arakan State to monitor the repatriation and
reintegration of Rohingyas from Bangladesh.
Nonetheless, on balance, in view of the persistent abuses by the SLORC,
including its use of forced labor, its wholesale denial of basic
political rights, and blatant manipulation of the national convention,
Burma must continue to be judged a serious violator of international
human rights norms. The expressions of deep concern by the
international community about the human rights situation in Burma in
successive resolutions adopted since 1991 by the UNHCR and the U.N.
General Assembly have failed thus far to have an appreciable impact on
the SLORC's behavior.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Although secret, extajuicial killings reportedly were carried out in
recent years, there were no such reports in 1993. As in the past,
credible sources reported many deaths among those impressed for forced
labor projects and porterage.
There were no confirmed incidents of summary executions of civilians in
1993. In late February, U Win Ko, a deputy-elect of the National
League for Democracy (NLD) and finance minister in the opposition
National Coalition Government of the Union of Burma (NCGUB), was
murdered in Kunming, China. Burmese
authorities have denied any involvement, and independent
sources suggest other parties were responsible. U Hla Pe, who served
as the NCGUB's Minister of Education and Health and Minister of
Information, was murdered in Bangkok in mid-June. There is, however,
no evidence as to the perpetrators.
b. Disappearance
The number of disappearances in 1993 was probably little
changed from the previous year, but accurate estimates are impossible
since the Government will not provide information on these cases.
Family and friends assume that those who have disappeared are under
detention or have died in jal. Family members can generally determine
that relatives have been
arrested, but the process of obtaining information can take a long
time. Some who disappeared were later reported as
arrested. Others may have dropped out of sight or quietly attempted to
leave the country for fear of arrest.
Authorities rarely responded to inquiries from families
concerning the whereabouts and welfare of disappeared or jailed
relatives. The few replies routinely consisted of only general
statements that such people were arrested for violations of existing
laws.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Fragmentary evidence documents that mistreatment of political detainees
continued to take place in Burmese prisons and
detention centers operated by the security services. There has been a
declin inthe number of detentions, during which the worst abuse
reportedly occurs. Political detainees are held incommunicado, with
family or lawyers unable to visit during what can be a protracted
pretrial period. The most common forms of maltreatment during this
period were sleep and food deprivation coupled with round-the-clock
interrogation.
In recent years, severe beatings and forcing prisoners to squat or
assume unnatural positions for lengthy periods have also been reported,
and techniques designed to intimidate and
disorient prisoners prior to interrogation have been routine. Such
practices as electrical shocks to the genitals,
suffocation, and cigarette burns have also been reported in the past,
but there were no confirmed reports of these practices in 1993.
During 1993 there were no reports alleging torture of convicted
political prisoners or deaths linked to the conditions of their
imprisonment. Khin Maung Myint of the leftist People's
Progressive Party (PPP) died in prison in 1993, apparently of natural
cauesafter repeated stays in a prison medical
facility despite his family's request for his transfer to a civilian
hospital. Interviews by U.S. citizens and
Congressional visitors on private travel with SLORC-selected prisoners
at Insein prison near Rangoon indicate an overly harsh prison regimen,
i.e., little exercise, no reading or writing materials for many if not
most prisoners, poor
nutrition, years of solitary confinement for some, and illness induced
by sleeping on concrete cell floors. Student leader Min Ko Naing, who
met with two visiting American Congressmen at Insein Prison in August,
displayed the effects of serious physical and psychological abuse. A
few prominent prisoners, such as former NLD Chairmen Tin Oo and Kyi
Maung, were provided limited reading material and bungalow
accommodations. Those interviewed acknowledged receiving medicine as
well as
supplemental food brought by their families during 15-minute visits
permite every 2 weeks.
The Government continued to bar the International Committee of the Red
Cross (ICRC) from visiting detainees or convicted prisoners of any
kind.
d. Arbitrary Arrest, Detention, or Exile
Arbitrary arrest and detention are practiced routinely by the SLORC.
Throughout the year at least scores of political
activists were detained for low-level political protests, such as
handing out opposition flyers, painting political graffiti, or shouting
opposition slogans. Some detentions coincided with the startup of
sessions of the national convention or with various political
anniversaries. Shortly after the January 9 launching of the national
convention, for example, the
authorities announced the arrest of 23 activists including Nay Lin, a
youth organizer for the Federation of Trade Unions of Burma, who
allegedly painted graffiti on a Rangoon wharf. Some students were
picked up for staging a brief demonstration on June 7 at a suburban
campus of Rangoon University. Several NLD members, including at least
one successful candidate in the 1990 election, were detained after
taking part in a
wreath-laying ceremony at Aung San's tomb. Between June and August,
the authorities also arrested 12 persons, including the writer Ma Thida
and the successful NLD candidate and delegate to the national
convention, Dr. Aung Khin Sint, for
distributing opposition literature. In what was widely
recognized as a warning to others, all were convicted in
mid-October and given harsh 20-year prison sentences.
While most detainees were members of political parties or engaged in
overtly political activities, businessmen and other private citizens
were also subject to arbitrary detention, particularly as the increase
in private economic activity in 1993 led to additional scrutiny of
businesses by security forces.
The military again extended the house arrest of former NLD General
Secretary and Nobel Peace Laureate Aung San Suu Kyi. The decision was
taken under the provisions f he Law to
Safeguard the State from the Dangers of Subversive
Elements--also the basis for her initial year of house arrest which
began in 1989. As amended in August 1991, the law
authorizes 1-year extensions of arbitrary detention without charge or
trial for up to 5 years. Aung San Suu Kyi has never been formally
charged. The authorities have offered her an opportunity to substitute
foreign exile for her current house arrest, but she declined to leave
the country. The military Government again allowed her husband and two
sons to visit her in 1993. The authorities refused a proposed visit by
a group of fellow Nobel Laureates seeking her release.
There is no provision in Burmese law for judicial determination of the
legality of detention. Bail may be granted by civilian courts in some
circumstances. The number of political
detainees not sentenced by year's end was impossible to
determine accurately.
e. Denial of Fair Public Trial
Throughout 1993 the Government continued to rule by decree and was not
boundby ny constitutional provisions guaranteeing fair public trials or
any other rights. Until abolished in September 1992, military
tribunals exercised jurisdiction over all cases involving defiance of
orders issued by the SLORC or local commanders. These tribunals could
mete out only three sentences--the death penalty, life imprisonment, 3
years or more imprisonment with labor--regardless of existing laws. On
January 1, however, a government decree codified an existing moratorium
on capital punishment by commuting all previous SLORC-imposed death
sentences to life imprisonment. It also capped all other prison terms
at 10 years for anyone convicted during the SLORC era.
After denying for years that it held any political prisoners, in April
1992, the Government announced its intention to free those persons
"detained politically" who did not represent a threat to state
security. Between that time and the end of 1993, the SLRC nnounced the
release of more than 2,000 persons, although fewer than 200 were publicly
identified. The failure to identify most released persons invites
suspicions about whether they were actually political prisoners, but
opposition activists believe this was generally the case. Reliable
sources indicate that some of those released in 1993 were monks imprisoned
for participating in 1988 prodemocracy rallies and a 1990 boycott action,
including prominent Rangoon Abbot Thu Mingala; prodemocracy businessman
Ye Htoon; and numerous Karens and others suspected of supporting the 1991
Irrawaddy Delta insurgency.
The 1992 decree also implicitly acknowledged that political prisoners
had been held not only in Rangoon's Insein Prison but also in over 20
upcountry locations--many of which were still believed to hold some
political prisoners at the end of 1993. The remaining political
prisoners included former military officers Tin Oo and Kyi Maung, both
of whom had served as chairmen of he LD, comedian Zargana, student
leader Min Ko Naing, and lawyer U Nay Min.
Since September 1992, civil courts have handled civil and criminal
cases, as well as political trials. Civilian courts have reportedly
become fairer in handling nonpolitical cases since 1988, but remain
plagued by corruption, inordinate delays in processing cases and
appeals, and poor training and
unprofessional behavior on the part of some court officers.
Some basic due process rights, including the right to a public trial
and to be represented by a defense attorney, are
generally respected by civilian judges. Judges are appointed by the
Supreme Court with the approval of the SLORC (which also names justices
to the Supreme Court). At present, judges must be at least law
officers with legal training. Defense
attorneys are permitted to call and cross-examine witnesses, but their
primary purpose is to bargain with the judge to obtain the shorest
possible sentence for their clients. Cases, almost all poitcal, which
are tried in courtooms in prison compounds are not open to the public.
In such cases, while defendants may have access to a defense attorney,
counsel appears to serve no purpose other than to provide moral
support. Reliable reports indicate that in political cases due process
is largely ignored and verdicts manipulated.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The State continued to intrude extensively into the lives of private
citizens during 1993. Forced entry and warrantless, unannounced
searches of private homes were often conducted. Through its extensive
intelligence network, the Government closely monitored the travel,
whereabouts, and activities of many Burmese, particularly those known
to be politically
active. Security personnel selectively monitored private
correspondence and telephone calls. Contacts or communications
involving foreigners were subject to especially intense
scrutiny, and government emloyees wre required to obtain
advance permission before meeting with foreigners. Despite some
efforts by the Government to improve its image by meeting in October
with the head of the British Broadcasting
Corporation Far Eastern Service, official propaganda continued in 1993
to take aim at various foreign news services, and private citizens were
generally unable to subscribe directly to foreign publications. Two
international newsmagazines were distributed through official channels
and were available to the public at large, but censors occasionally
banned issues or deleted articles criticizing local conditions or
reporting opposition activities. Foreign radio broadcasts remained a
prime source of information for the people and even for the military,
despite the Government's hostility to this news source. The
authorities sought to register the growing number of television
satellite receivers but appeared ready to
tolerate ther se. Some foreign journalists, including
television crews, continued to be granted access to the
country, but their movements and contacts were closely
monitored.
In its most intensive and egregious infringement of privacy rights, the
Government continued its program of forced
resettlement, involving an estimated half-million urban
residents throughout Burma since 1989. While most of those forced to
move were described as "squatters," some people had been living in and
paying rent on their former home sites for many years and had
constructed permanent houses. The
Government has made people move, almost totally at their own expense,
to "new towns" which are far from their previous residences. "New
town" occupants often live on former rice paddy land, subject to
flooding in the rainy season, without adequate transportation, medical
facilities, shelter, or
sanitation. In 1993 conditions at some resettlement sites improved,
but, according to international observers, such improvements er often
unable to keep pace with the rate of new arrivals. Some outside
experts accept the Government's explanation that the resettlement
program serves legitimate long-term urban planning objectives, but they
do not endorse the forceful methods used to move people.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
The Burmese Army has battled diverse insurgencies for more than four
decades in conflicts that have resulted in widespread human rights
violations, including mistreatment and killing of prisoners, rape,
neglect of the sick and wounded, impressment of civilians for porter
duty, and indiscriminate attacks on civilians. While the Government
was responsible for the bulk of these abuses (the Burmese armed forces
nearly doubled the number of combat units since 1988), insurgent groups
have also violated humanitarian principles. Insurgent groups, such as
the Karen, Mon, and Karenni, continued to engage in small-scale
fighting, motl in remote areas, to try to gain greater
autonomy from the dominant ethnic Burman majority. Some
receive limited outside support from private international humanitarian
and religious organizations. The Shan United Army (SUA) also claims to
be fighting for greater autonomy but engages primarily in drug
trafficking. Several former
insurgent groups with which the Government now has cease-fire
accommodations likewise are important narcotics trafficking
organizations. The continued suspension of large-scale
military offensives against insurgents in Karen state and elsewhere,
together with ongoing government efforts to reach a peace accord with
the Kachin Independence Army (KIA), sharply reduced the level of
fighting during 1993.
In 1993 the use of forced porterage continued, with attendant
casualties. Most of these deaths, roughly estimated to be in the
hundreds, were from disease and overwork, though reports of
mistreatment and rape were also common. The Burmese military also
continued t us corvee labor and prison labor in combat areas. There
were unconfirmed reports, for example, that on at least two occasions a
combined total of as many as 700 inmates from a prison near Rangoon
were taken to work as porters in eastern Burma. Credible reports from
multiple sources
indicated that porters have carried ammunition, supplies, and the
wounded under the harshest conditions. Other well-placed sources also
note that they are subject to hostile fire as well as maltreatment at
the hands of Burmese soldiers. When porters are wounded, ill, or
unable to continue their work, some have been reportedly left
unattended to die. At the end of their service, survivors often have
had to find their own means to return home. It was also credibly
reported that some members of the military used sham threats of
impressment to extort money from villagers.
Forced rural resettlement displaced ethnic minority villagers in Karen
and Kayah states and contributed to an increase of about 6,000 urese in
camps on the Thai side of the border. Local sources reported some
amelioration of conditions
following the completion of the railroad to Loikaw for Catholic
villagers in Kayah State who had been resettled in March 1992, and that
many returned to their original homes. Reports from Karen State
suggest rural relocation schemes continued to play a key role in the
Government's counterinsurgency strategy.
Despite this evidence that the Burmese authorities were not prepared
fully to implement their obligations under the Geneva Conventions, in
April and November the Government for the first time permitted the
International Committee of the Red Cross (ICRC) to conduct two short
seminars on humanitarian law for groups of military officers.
Antigovernment groups were responsible for violence causing civilian
and military deaths, including reported killings of civilians during
attacks on villages and ambushes or mining of transportation routes.
In two separate inidnts in February and March, over 100 confirmed
civilian deaths resulted from military conflicts involving the
narcotics-trafficking Shan United Army. Credible reports indicate
Karenni insurgents executed at least eight captured Burmese soldiers,
and civilian deaths in a transport train blown up by a land mine were
attributed to Mon activists. Additionally, reliable multiple sources
indicated that Karen insurgents resorted to forced labor for porterage
and impressed youths into military service.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Severe restrictions on freedom of speech and the press
persisted throughout 1993. Although the degree of enforcement varied,
the Government generally continued to demonstrate little tolerance for
opposing views or criticism. Private citizens remained reluctant to
express opinions for fear of government informers. The U.N. Human
Rights Commission (UNHRC) Special Rappoteu deplored the "pervasive
atmosphere of fear and repression" in Burma in his report adopted by
the UNHRC in March. The Government exercised strict censorship of all
news and publications produced in the country.
Nevertheless, private magazines found it possible to publish articles
on once taboo economic subjects, and some former political prisoners
were allowed to publish on nonsensitive topics. The
government-controlled press and broadcast services continued to publish
some limited criticism and satire in 1993. The Government adopted a
tolerant approach toward the increasing activities of the United States
Information Service in Rangoon, permitting it to distribute
publications and
organize discussions which treated themes involving human rights and
fundamental freedoms. The authorities' actions in attempting to
register private satellites dishes and impose fines on the many Burmese
who had set up unauthorized satellite television receivers slowed the
spread of access to uncensored television nes ad other programming from
abroad. No seizures of satellite receivers, however, were reported in
1993.
The Government made heavy use of its monopoly of television and radio
to pursue its political policies and, with the exception of coverage of
some aspects of the national convention, did not accord air time to
opposing views. The same was true of all newspapers--two national
dailies in Burmese and one in English, as well as daily papers
published by the Rangoon city
government and the Central (Mandalay area) Military Command. A
revamping and renaming of the country's main daily in April resulted in
increased publication of locally edited
international wire service news, but that paper, as well as other
newspapers, remained staunchly official organs, with military officials
appointing editors and vetting editorials. Especially for domestic
news, journalists had to hew to strict publishing and broadcast
guidelines. All forms of
media--domesti ad imported books and periodicals, stage
plays, motion pictures, and musical recordings--were officially
controlled and censored. Persons working in these fields admitted to
exercising self-censorship lest they run afoul of the authorities.
University teachers and professors remained subject to the same
restrictions on freedom of speech, political activities, and
publications as other government employees. These included warnings
against criticism of the Government; instructions not to discuss
politics while at work; and strictures against joining or supporting
political parties, engaging in political activity, and meeting foreign
officials. While all teachers remained subject to dismissal for
political disloyalty, some left the profession voluntarily to escape
the political
pressure.
The universities, closed for several years after the 1988 disturbances,
were open for most of 1993. However, they were closed from December
1992 until mid-February in what many believe was amoe to avoid student
demonstrations during the startup of the politically sensitive national
convention. Meanwhile, on the main campus of Rangoon University,
fences built around the various faculties prior to the university's
reopening remained in place, reportedly to help control
potential student unrest. In a move also widely believed intended
primarily to disperse and isolate students, a fifth national university
opened outside Rangoon in November.
b. Freedom of Peaceful Assembly and Association
The Government does not respect the right to freedom of
peaceful assembly. A prohibition on outdoor assemblies of more than
five people was unevenly enforced, but political
demonstrations were strictly banned.
Political parties were required to request permission from the
authorities even to hold internal meetings of their own
membership. The military's intimidation generally served to discourage
public expressions of antigovernment sentiments. In the few repote
instances of unauthorized political activity, security forces generally
intervened swiftly to detain or imprison participants in unauthorized
meetings and to halt distribution of antigovernment leaflets. The
authorities reportedly were quick to deploy a large-scale force in
Mandalay in September when a spontaneous demonstration unexpectedly
took on political overtones.
The right of association existed only for those organizations,
including trade associations and professional bodies, permitted by law
and duly registered with the Government. Moreover, the Government
severely restricted the activities of even these organizations. Ten
political parties remained formally legal at the end of 1993--down from
75 at the beginning of 1992--but they were virtually paralyzed through
arrests, intimidation, and surveillance. In February the authorities
permitted a large private funeral to be organized for the wife of
one-time oppositionist and former Prime Minister U Nu. While the
Government deie visas to two sons living abroad, it permitted a
daughter active in the Burmese opposition in India to attend.
c. Freedom of Religion
Freedom of religion is provided for in law. Despite the
privileged position of Buddhists in government service, this right is
widely observed in practice although there have been human rights
abuses against some believers. Buddhist pagodas, Muslim mosques, and
Christian churches operate openly with minimal interference, at least
in those areas of central Burma accessible to independent observers.
Christians, Muslims, and animists are particularly numerous among
minority ethnic
groups. While generally allowing these groups to practice freely,
security services monitor the activities of religious communities. The
Government requires all religious
organizations to register and subjects religious publications to the
same control and censorship imposed on secular ones. Restrictions on
unauthorized religious groups remained in force, and the military
continued to monitor activities i and arund Buddhist monasteries and
pagodas. The SLORC has been largely successful in halting political
activism among the Buddhist clergy.
Religious groups can and did establish links with
coreligionists in other countries, although such links were reportedly
monitored by the Government. The Catholic Church, for example,
maintained ties to the Vatican. While foreign religious
representatives were usually allowed only to obtain visas for short
stays, in some cases they were permitted to preach to Burmese
congregations. Though permanent missionary establishments have not
been permitted since the 1960's, some foreign Catholic nuns and at
least one priest continued to reside upcountry, most working in homes
for the aged.
As part of its large-scale "urban development" program in recent years,
the Government has taken control of several Christian and Muslim
properties throughout Burma, including cemeteries. Onthe other hand,
school authorities in Rangoon eventually exempted Muslim students from
bowing to their
teachers, when those students complained the action resembled a
practice used in Buddhist worship.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Although Burmese citizens have the legal right to live anywhere in the
country, both urban and rural residents have been
subject to arbitrary relocation. Except for limitations in areas of
insurgent activity, Burmese citizens could travel freely within the
country but had to inform local authorities of their temporary place of
residence. People staying
overnight with friends or relatives within their home cities or
villages were also required to report this to the authorities.
People who failed to report either guests or intentions to stay
overnight to the authorities were theoretically subject to a jail term,
and arrests were occasionally made. Noncitizen residents, inluing
ethnic Indians and Chinese born in Burma who hold foreigners'
registration cards, had to obtain prior permission to travel.
Though travel strictures continued to ease, the Government maintained
controls on departure from the country. While the authorities
simplified certain requirements for obtaining a passport, other
requirements plus bureaucratic procedures and corruption still
presented formidable hurdles. Those traveling abroad to work, however,
encountered fewer difficulties,
particularly as Burmese authorities sought to increase hard currency
earnings from the taxes they impose on such persons' earnings.
Emigrants, by contrast, were required to reimburse the Government for
"educational expenses" before receiving exit permission and were
severely limited in what they could take with them.
Burmese citizens who left legally were generally allowed to return to
visit relatives, and those wishing to extend their stays found it
easier to obtain permission to do so. Even some who had staye aboad
illegally and acquired foreign
citizenship found it easier to return to visit or do business. In a
move widely believed to be intended to encourage wealthy older overseas
Burmese to retire in Burma, the Government announced in May that
Burmese abroad would have 2 years to reapply for citizenship lost
through naturalization in another country. At about the same time, the
Ministry of Home Affairs announced that Burmese abroad holding expired
travel documents could obtain new passports or an extension of their
old ones.
Obtaining these benefits, however, remained subject to
government approval on a case-by-case basis. Moreover, some Burmese
living abroad, particularly those who had traveled or remained abroad
illegally, continued to fear subjecting
themselves to potential punitive action by Burmese authorities if they
should return to Burma. By September, 14 persons had been allowed to
resettle in Burma, and another 14 had had their Burmese passort
extended or replaced.
In 1993 foreigners were allowed into the country in increasing numbers
on an individual, rather than only on a tour group, basis. The
authorities also took several steps to liberalize travel for foreigners
within Burma, though large areas of the country remained off limits on
security grounds. Tourist and family visit visas are routinely granted
for 2 to 4 weeks, and can be extended on a case-by-case basis.
However, select foreigners, such as human rights advocates and
political
figures, continued to be denied entry visas unless traveling under the
aegis of a sponsor acceptable to the Government. A private voluntary
organization, Medecins Sans Frontieres/
Holland, is now operating in Burma and has foreign personnel assigned
to Rangoon on a permanent basis.
In April 1992, following the flight into Bangladesh of an estimated
265,000 Muslims from Arakan State in order to escape military
repression, the Governments of Bangladesh and Burma signed a Memradum
of Understanding providing for the
voluntary repatriation of the refugees. However, Burma, unlike
Bangladesh, did not accept a role for UNHCR in the repatriation process
at that time. In the absence of an adequate
international monitoring presence in Burma, most Rohingyas were
reluctant to return to Arakan. After a private visit by High
Commissioner Sadako Ogata to Burma in late July and subsequent talks
between the Burmese authorities and UNHCR representatives, the
Government of Burma signed a Memorandum of Understanding with the UNHCR
in November which provides that the UNHCR will have a presence in
Arakan State and will have access to all returnees. The agreement is
intended to cover the monitoring and administration of the return to
Burma in safety and dignity of about 200,000 Rohingyas who remain in
refugee camps in Bangladesh. Of those who fled between late 1991 and
mid-1992, some 50,000 were repatriated to Burma in 1993.
Foreign refugees or displaced persons may not resettle or seek safe
haven in Burma. The Government treats people claiming to be refugees
as illegal immigrants and expels or imprisons them.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Burma is governed solely by the military, and the Burmese people do not
have the right or the ability peacefully to change their government.
Since 1988 active duty military officers have occupied many important
positions throughout the bureaucracy, particularly at the policymaking
level. Despite the appointment of several civilians to the Cabinet in
1992, military or recently retired military officers have continued to
occupy most cabinet-level positions, numerous director general and
subordinate posts, and key positions once held by technocrats in the
economic ministries.
In the 1990 election the NLD and associated parties achieved an
overwhelming victory. The SLORC subsequently set aside the results and
disqualified, detained, arrested, or drove into exile many successful
candidates, including most of the NLD leadership. By the end of 1993,
174 of the 485 deputies
elected had either been disqualified, resigned under pressure, gone
into exile, been detained, or died. At least 46
successful candidates from the election or prominent NLD
activists were serving prison sentences. In 1992 the SLORC held
discussions with selected representatives of the few political parties
which had not been banned outright, with a view to staging a national
convention to write a new
constitution without the participation of most leading members of the
democratic opposition. The national convention finally opened on
January 9 and continued intermittently throughout the year until
September 16, when it finally adjourned until the following January.
Of the approximately 700 delegates
attending, only about 150 held mandates from the 1990
elections. Members of six of the eight interest groups
represented wreselected by the SLORC. Using these groups as a
majority, the Government forced through its own rules, its own agenda,
and finally its own principles for a new
constitution, guaranteeing continued military control of the
Government. During an intermediate stage, representatives of the NLD
and minority groups were able to put forward some proposals clearly at
odds with government preferences. But the authorities carefully
controlled the level of visible
opposition by censoring presentations, declaring unwelcome documents
off-limits to the public, forbidding discussion from the floor, and
intimidating individual delegates behind the scenes. There has been no
genuine public discussion of the process that will be used to arrive at
a new constitution.
One NLD victor in the 1990 election and national convention delegate,
Dr. Aung Khin Sint, was convicted and sentenced to 20 years'
imprisonment for distributing opposition literature to his fellow
delegates.
In some reios where government forces exercise limited or no control,
including in cases where the Government has reached an accommodation
with former insurgent groups, indigenous
populations have considerable autonomy in running their own political
and economic affairs. Even in government-controlled areas, they
generally retain their social and cultural
institutions.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
No internal human rights organizations are allowed to exist. The
Government continued to oppose outside scrutiny of its human rights
record but permitted somewhat greater access in 1993 for some
journalists, nongovernmental organizations, and foreign government
officials wishing to examine the country's human rights situation.
Burmese authorities allowed UNHRC Special Rapporteur Professor Yokota
to conduct another
fact-finding mission in the country in November 1993.
In 1991, 192,and again in 1993, the U.N. General Assembly (UNGA)
adopted increasingly strong resolutions urging the Burmese Government
to end human rights abuses and undertake genuine democratic reform.
The 1993 UNGA resolution called on the Government to release
unconditionally Aung San Suu Kyi and other detained political leaders
and to respect the expressed will of the Burmese people by implementing
the results of the 1990 elections.
The UNHRC Special Rapporteur appointed in March 1992, Professor Yozo
Yokota, visited Burma in December 1992 and presented his report in
February 1993. He returned to Burma in November 1993 to fulfill his
mandate as Special Rapporteur. The report offered a harsh catalog of
human rights abuses in Burma and called for far-reaching remedial
action. In later reviewing the report, the UNHRC took special aim at
the refusal of
Burmese authorities to accord Dr. Yokota the "full and
unreserved cooperation" and access to persons of his choice that had
beencoditions of his mission. The Government, for its part, disputed
the Special Rapporteur's mandate and
rejected many of his findings.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Women in Burma in general have traditionally enjoyed a high status,
exercising most of the same basic rights as men and taking an active
role in business. Consistent with traditional culture, they keep their
own names after marriage and often control family finances. However,
participation of women remained low in the minuscule industrial sector
and in the bureaucracy; a few professions, such as forestry and
geology, are entirely barred to women. Women do not consistently
receive equal pay for equal work. There continued to be no women's
rights organizations in Burma or government agency specifically devoted
to safeguarding women's interests.
There was no nationwide pattern of violence directed
specifically against women. However, reliable reports
continued t idicate that many Burmese women and children in the border
areas were forced or lured into serving as
prostitutes in Thailand by criminals and criminal
organizations. Recruitment of these women generally occurred in remote
areas where Burmese officials were unable to prevent the practice. In
1993, impressment, including of women, for military porterage duties
continued, with attendant casualties.
Although Burmese culturally view rape with great abhorrence, in 1993
there continued to be a consistent pattern of reports alleging rapes of
ethnic minority women in border areas by Burmese soldiers.
Children
In mid-July the Government issued a law stipulating children's rights
and containing provisions covering their protection and custody,
education, employment, and judicial treatment.
Burmese authorities also adopted in September a "National Program of
Action" for the survival, protection, and
development of the country's children. By year's end it
remained unler whether the Government intended to give the program the
political impetus needed to ensure the
interministerial cooperation and resource allocation required to make
it a success.
Government and UNICEF figures indicated the plight of children to be
worse than was earlier realized. Infant mortality is high (94 per
1000); 37 percent of children under 3 are severely or moderately
malnourished; 31 percent of children aged 5 through 14 suffer from
iodine deficiency; only 62 percent of children enroll in primary
school; and only 25 percent of children complete the prescribed 5-year
course.
National/Racial/Ethnic Minorities
Burma's numerous ethnic minorities, which have their own
distinct cultures and languages, have been underrepresented in the
Government and largely excluded from the military
leadership. Despite recently increased government investment in the
border areas in road, hospital, and school construction, economic
deveopent among minorities continued to lag and many still live at the
subsistence level.
Since only people who can prove long familial links to Burma are
accorded full citizenship, some people not of ethnic
Burmese ancestry, primarily Indians and Chinese, continued to be denied
full citizenship and to be excluded from government positions.
Individuals without full citizenship are also barred from certain
advanced university programs in medicine and technological fields and
are often the object of
prejudice. However, Indian and Chinese minorities continued to play an
important role in the economy--a situation resented by many Burmans.
In Arakan State, some Rohingyas, who in general do not enjoy full
citizenship, have also have been denied national identity cards.
Though a limited number of outside observers were able to visit Arakan
State, albeit on a government-controlled basis, credible reports
continued to emerge of discrimination and travel restrictions for
Muslims in the area. The
well-documentd hman rights abuses which precipitated the
original Rohingya exodus, however, appeared to have largely subsided.
At the same time, claims that Buddhists from
elsewhere in Arakan State were being resettled nearer the border in
previously Muslim areas were reliably confirmed.
Multiple, reliable sources indicated that the military
occasionally required minority populations in the border
regions to provide without compensation vehicles, equipment, and
lodging for soldiers.
Religious Minorities
The SLORC continued to associate itself closely with the
majority Buddhist religion, giving wide publicity to the
participation by its members in various Buddhist rites and ceremonies.
While this reportedly was a cause of concern among some members of
other religions, the Government in fact
continued to permit members of the major non-Buddhist faiths to
practice their religion. Religious organizations, however, remained
subject to registration and censorship controls
applicable o he entire population. Restrictions on Muslims in Arakan
State appear to be result primarily from their lack of full citizenship
and to discrimination on ethnic grounds.
People with Disabilities
Official assistance to persons with disabilities is extremely limited.
There is no law mandating accessibility to government facilities for
those with disabilities. A small number benefit from the services of
the Mary Chapman School for the Deaf in Rangoon, which recently began
receiving government patronage, or from modest religious-associated
assistance programs funded through private donations. Most disabled
persons, however, must rely on traditional family structures to provide
for their welfare, and many become destitute. The principal exception
is disabled members of the military, who receive medical
attention, rehabilitation, and financial assistance, though most
veterans receive such benefits only for a few years after discharge.
Reliable reports indicate that high-ranking
officers receive better treatmet han the rank and file.
Since 1986 Burmese authorities have permitted representatives of the
ICRC to work in Burma to upgrade provision of orthopedic prostheses.
Because of both landmines and train-related
accidents, Burma has one of the highest rates of amputees in the world.
Section 6 Worker Rights
a. The Right of Association
In 1993 there continued to be no right of association among workers in
Burma. Workers were not free to form or join trade unions of their own
choosing, and leaders of unofficial labor associations, such as youth
organizer Nay Lin of the Federation of Trade Unions of Burma, were
subject to arrest. A new labor law was promised in connection with the
drafting of a new constitution, but it is doubtful the document will
ensure the right of workers to organize freely. At a minimum, any
trade unions which might form are expected to be firmly under
government control. Workers are not permitted to strike, and there
were no reported instances in 1993 of attempts to do so.
In July 1989, the United States suspended Burma's eligibility for trade
concessions under the Generalized System of
Preferences program, pending steps to afford its labor force
internationally recognized worker rights. In 1990 the U.S. Government
declined a formal request to reconsider the
suspension.
In June 1993, the International Labor Organization (ILO)
Conference cited Burma in a "special paragraph", its strongest form of
censure, for its longstanding failure to take "the necessary measures
in legislation and practice to guarantee to all workers and all
employers without any distinction and without prior authorization the
right to organize even outside the existing trade union structure
should they so wish."
b. The Right to Organize and Bargain Collectively
Workers continued not to have the right to organize and bargain
collectively. Government arbitration boards, which once
theoretically provided a means for airing labor disputes, were
abolished in 1988. The Government unilaterally sets wages in the
public sector. In the private sector, wages are set by market forces.
In a job-scarce economy, this means employers determine wage levels.
The Government pressures joint ventures not to pay salaries greater
than those of ministers or other high-level employees. Joint ventures
circumvent this via supplemental pay, including remuneration paid in
foreign
exchange certificates, as well as through incentive and
overtime pay and other fringe benefits. Foreign firms
generally set wages near those of the domestic private sector but
follow the practice of joint ventures in awarding
supplemental wages and benefits.
No special export processing zones exist.
c. Prohibition of Forced or Compulsory Labor
Burma's legal code does not prohibit forced labor. The
military routinely employed corvee labor on its myriad building
projects and,acording to credible reports, officials accepted bribes to
excuse some people from work. Forced labor was used in constructing
the railroad line opened in 1993 to Loikaw, capital of Burma's Kayah
State.
The Burmese Army has for decades impressed civilian males to serve as
porters. According to reliable reports, in 1993 the army continued to
abduct youths off the streets, chiefly in minority areas but also in
some urban areas of central Burma. Women were also occasionally
impressed as porters, cooks, and laundresses for soldiers in frontline
areas, according to credible reports. Military authorities commonly
permitted conscripts and their families to pay them money in lieu of
porter duty.
In June a Burmese diplomat in Singapore organized the
confinement and forced return to Burma of a group of 11 Burmese seamen
transiting Singapore en route from Australia to Thailand after the men
prevailed in a wage dispute with the help of the International
Transport Federation. All remained free in 1993 but are unabe o regain
employment abroad.
d. Minimum Age for Employment of Children
Children aged 13 to 15 may work 4 hours a day. The "Child Law" of July
14, 1993, governs most matters concerning children under the age of 16.
It gives each such child the right to "engage in work in accordance
with law and its own volition." To date, the "law" referred to
includes both the Factories Act of 1951 and the Children Pledging of
Labor Act, this latter being an Indian law from 1933 still on the
books. In theory, the penalty for employers disregarding this
regulation was 2 years in prison, but there were no reports of any
prosecutions in 1993 for illegally employing children, despite the fact
that, in cities, working children were highly visible. They were hired
at lower pay rates than adults for the same kind of work, and economic
pressure forced them to work not only for their survival but also to
support their families. Burmese law requires chidre to attend school
through the fourth standard, usually reached between the ages of 12 and
15. The Department of Basic Education estimated, however, that 38
percent of children aged 5 to 9 never enroll in school. Of those who
do, less than 30 percent complete the fourth grade. Two-thirds of
Burma's primary schoolchildren, principally in rural areas, leave
school for economic reasons. In the higher grades, the drop-out rate
for girls is double that for boys.
e. Acceptable Conditions of Work
Depressed economic conditions and lack of attention by
government authorities continued to dictate substandard
conditions for workers. The Law on Fundamental Workers Rights of 1964
and the Factories Act of 1951 regulate working
conditions. There is a legally prescribed 5-day, 35-hour workweek for
employees in the public sector and a 6-day,
44-hour workweek for private and parastatal sector employees, with
overtime paid for additional work. Workers have 21 paid holidays a
yar.
Only government employees are protected by minimum wage
provisions. The minimum wage was raised in March to $3 per day (20
kyats) at the official exchange rate, but less than $0.20 at the
unofficial, free market rate. The Government raised wages for public
employees by 25 percent in March, but pay in the state sector remained
far below the amount needed to provide a decent standard of living or
counter the practice of taking bribes. The actual average wage rate
for casual laborers in Rangoon was about twice the official minimum.
Wages continued to lag far behind inflation.
To protect health and safety at workplaces, there are numerous
regulations pertaining to room size, ventilation, fire hazards, and the
availability of latrines and drinking water. In
practice, these were seldom enforced, particularly in the private
sector. (###)