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BURMA HUMAN RIGHTS REPORT OCT 95 (5 (r)



Subject: BURMA HUMAN RIGHTS REPORT OCT 95 (5.16-5.31)

/* posted Wed 14 Feb 6:00pm 1995 by DRUNOO@xxxxxxxxxxxx(DR U NE OO) in igc:reg.burma */
/* -----------" BURMA HUMAN RIGHTS REPORT, OCT 95 (5.16 -5.31) "---------- */
Following materials are reproduction from the findings of Human Rights
Sub-Committee of the Joint Standing Committee on Foreign Affair, Defence
and Trade of the Parliament of Australia, published in October 1995.
Anyone wishing to inquire about the document may contact Ms Margaret
Swieringa, Secretary, Human Rights Sub-Committee, Parliament House,
Canberra A.C.T. 2600, AUSTRALIA.
Best regards, U Ne Oo.
----------------------------------------------------------------------
CHAPTER FIVE: (5.16 - 5.31)
**************************
The Parliament of the Commonwealth of Australia
Joint Standing Committee of Foreign Affairs, Defence and Trade

A REPORT ON HUMAN RIGHTS AND THE LACK OF PROGRESS TOWARDS DEMOCRACY
IN BURMA (MYANMAR)     October 1995

CHAPTER FIVE: PROGRESS TOWARDS DEMOCRACY (5.16 - 5.31)
-----------------------------------------------------
The National Convention
Objectives

5.16  The  major  means  the  SLORC has used to asset its legitimacy and to
allay criticism of its failure to hand over power  has  been  the  National
Convention.

5.17  In 1992, a National Convention Committee was formed by the SLORC with
the  purpose  of  convening  a  National  Convention  to  draw  up  a   new
constitution and, it would appear, to circumvent criticism. This Convention
has  ignored  the  existence  of elected representatives of the people. Its
objectives were:

        (i) Non-disintegration of the Union:
        (ii) Non-disintegration of the national solidarity:
        (iii) Perpetuation of sovereignty;
        (iv) Flourishing of a genuine multi-party democracy system;
        (v) Further burgeoning of  the  noblest  and  worthiest  of  wordly
        values, namely justice, liberty and equality in the State;
        (vi)  For  the  Tatmadaw  to  be able to participatein the national
        political leadership role of the State.

5.18 In  February  1995,  the  Burmese  Ambassodar  t  the  United  Nations
described the work of the National Convention:

        The  National  Convention,  comprisong some 700 representatives and
        representatives-elect, is currently engaged in the task  of  laying
        down  the  basic  principles  for  the  elaboration of a strong and
        enduring constitution.

        The National Convention constitutes a  truly  representative  body,
        comprising  representatives from the entire cross-section of social
        strata of the Myanmar people.

        At present the  National  Convention  is  continuing  its  work  on
        various   chapters   and   provisions,  reflecting  the  views  and
        containing suggestions of participating representatives [10].

5.19 From the information presented to this Committee, none of these claims
stand up to scrutiny; the National Convention is not truly  representative;
it  does  not  reflect  the views of the participating representatives; and
therefore it is unlikely to produce  a  strong  and  enduring  constitution
certainly not one that has any semblance of democracy about it.

Structure

5.20 The National Convention was convened on 9 January 1993. It was made up
of eight groups of delegates.

        (i) Delagates of political parties;
        (ii) Representatives elected at the May 1990 election;
        (iii) Delegates of nationalities;
        (iv) Delegates of peasantry;
        (v) Delegates of workers;
        (vi) Delegates of intellectuals and intelligentsia;
        (vii) Delegates of State service personnel; and
        (viii) Delegates who should be invited.

5.21  IN all 702 delegates attended the first session of the Convention: 99
were representatives who had won seats at the May 1990  elections,  another
48  came  from  political parties, categroies 1 and 2 above. Therefore over
550 of the delegates were selected by the SLORC. Since 1993, the attendance
at the Convention has declined by 61 delegates. At the beginning, only  one
in  seven  delegates  were  representatives  in the democratic sense of the
word.

5.22 The Committee recommends that:

    20. THE AUSTRALIAN GOVERNMENT URGE THE GOVERNMENT OF BURMA TO INCLUDE A
        GREATER NUMBER OF THE NATIONAL LEAGUE FOR DEMOCRACY REPRESENTATIVES
        AND A MORE  REPRESENTATIVE  GROUP  OF  DELEGATES  FROM  THE  ETHNIC
        MINORITIES IN THE DELIBERATIONS OF THE NATIONAL CONVENTION.

Procedures

5.23   The   procedures  for  the  working  of  the  Convention  have  been
controversial and contrary to any genuine attempt to consider properly  the
views  even  of teh hand picked delegates. Issues for discussion are raised
first in plenary sessions where the view of the SLORC  is  put  before  the
Convention. Discussion then take place in each of the eith separate groups.
Each  group  has  an  executive panel of five from which a furhter panel of
charimen is selected to report back to the plenary sessions. At each  stage
of  this  hierarchy  official  SLORC  representatives are inserted into the
group. All papers that are to be delivered have to be submitted in  advance
to  the  National  Convention  Convening  Committee (NCCC)[11] and anything
enamating from group discussions, which is to  be  raised  in  the  plenary
session,  must  be  represented  in outline to the Panel of Chairman first.
Human Rights Watch/Asia reports that the final 'agreed'  principles  rarely
vary  from  the  initial  proposals  put  at  the  outset  by  the National
Convention Convening Committee, ie the SLORC.

5.24 Delegates may not distribute any written material other than  what  is
approved.  They  may  not  wear  badges, lobby each other, hold intra-party
discussions, bring in papers, distribute  papers  outside  the  convention,
demonstrate  against  the  proceedings  or walk out. Delegates must live in
especially provided quarters  at  the  convention  centre  where  they  are
supervised  by military intellegence. Tehy may not leave without permission
and may not meet with their constituents. The discussions of the convention
are only reported to the public through the Government censored media.

5.25 In February 1993, 14 people were arrested  for  distributing  material
critical  of  the  convention.  Dr Aung Khin Sint, and NLD delegate and his
assistant U Than Hla, were arrested and sentenced to 20 years and 15  years
in  prison  respectively  for distributing material critical of the role of
the junta in the convention.

5.26 U Daniel Aung, Chairman of the political  committee  of  the  National
Convention,  left  the  Convention  at  the  end  of its fourth session. He
expressed his disillusionment in the following terms:

        I have lost all faith in the National Convention  convened  by  the
        SLORC  and have therefore come over to the liberated area. Although
        the delegates to the National Convention are supposed to draft  the
        aims  and  objectives of the Convention, the SLORC has already laid
        them down in advance. The basic principles that are supposed to  be
        drafted by the delegates were already prepared and laid down by the
        SLORC. The delegates were merely asked to discuss these principles,
        but  the  suggestions  given  and  the  positions formulated by the
        delegates  were  never   respected   by   the  SLORC.In the end the
        guidelines  prepared  by  the  SLORC  were  adopted   without   any
        modifications.  The  SLORC took appropriate measures to ensure this
        would happen. The principles for selecting  the  President  of  the
        State   which   it   adopted   made   it  obvious  that  the  whole
        administrative machinery will  remain  dominated  by  the  military
        forever [12].

5.27  Human  Rights  Watch/Asia  concluded  that  'it  is  clear from these
developments that the SLORC has used every means possible to manipulate the
political process and deny the citizens of Burma thier right, as  expressed
in  Article  25  of  ICCPR,  to take part in the conduct of public affairs,
directly or thorugh freely elected representatives.' IN doing so they  have
not  only  violated the most basic of international human rights standards,
but also their own laws [13].

5.28 The UN Special Rapporteur concurred that the National  Convention  was
marred  by excessive control, survelliance and harassment of delegates, and
a lack of true representation and free exchange of ideas. More, he believed
that, despite the assurances of the Government of Burma  to  the  contrary,
they did not intend to transfer power. In particular, he concluded that:

        given the composition of the delegates (only one in seven delegates
        was elected at the 1990 elections), the restrictions imposed on the
        delegates  (practically  no  freedom  to  assembly,  to  print  and
        distribute leaflets or to make statements freely) and  the  general
        guidelines  to be strictly followed (including the principle of the
        leading role of the Tatmadaw), the  National  Convention  does  not
        appear  to constitute the necessary 'steps toward the restoration of
        democracy, fully respecting the will of the people as expressed  in
        the   democratic   elections   held  in  1990'.  (General  Assembly
        Resolution 47/144, para 4)[14]

5.29 The INter-Parliamentary Union (IPU) Committee on the Human  Rights  of
Parliamentarians  has monitored the fate of the members elected in May 1990
to the Pyithu Hluttaw. The IPU made the following judgement on the National
Convention:

        The Committee,

        (REaffirms,underlined) its indignation that, more than  four  years
        after  the  elections  held  on 27 May 1990, the authorities of the
        Union of Myanmar continue to ignore the outcome  of  the  election,
        and  insists  that  this  constitutes  a violation of the principle
        established in the Universal Declaration of Human Rights that  'the
        will of people shall be the basis of the authority of government'

        (Reiterates,   underlined)   in  this  respect  that  the  National
        Convention convened by the SLORC on 9 January 1993 con in no way be
        regarded as a spep towards the restoration of democracy  respecting
        the  will  of  the  people as expressed in the democratic elections
        held in 1990.[15]

5.30 The Committee recommends that:

    21. THE AUSTRALIAN GOVERNMENT URGE THE GOVERNMENT OF BURMA  TO  PROVIDE
        OBSERVER    STATUS   TO   THE   INTERNATIONAL   PRESS,   DIPLOMATIC
        REPRESENTATIVES  AND  REPRESENTATIVES  OF  THE  INTER-PARLIAMENTARY
        UNION TO THE PROCEEDINGS OF THE NATIONAL CONVENTION.

5.31  The  principles so far laid down for the new constitution of Burma do
not bode well for the development of democracy. In particular, the army  is
to  retain a central and powerful position, no be subject, as it should be,
to  the  decisions,  directions,  scrutiny  and  control  of  the   elected
government. It will be free to administer its own affairs, it will have, by
appointment, approximately 25 per cent of the seats in each of the House of
Representatives  and  the  House  of  Nationalities.  The President will be
required to have experience in the fields of political, administrative  and
military affairs and may not be married to a foreigner. This last condition
is obviously designed to preclude Aung San Suu Kyi from holding office.

Footnotes:
---------
[10]  Letter  dated  13  February 1995 from the Permanent Representative of
Myanmar, op. cit. pp. 4-5.

[11] Exhibit No. 44, Human Rights Watch/Asia reports that this Committee is
made up of Maj Gen Myo Nyunt (member of the SLORC, Minister  for  Religious
Affairs  and  Rangoon  Divisional  Commander) Chairman; Maj Gen Maung Thint
(Member of the SLORC and Minister for Border Areas) Vice Chairman; Brig Gen
Myo Thant (SLORC  member)  and  Brig  Gen  Aung  Thein  (SLORC  member  and
secretary  of  the defences services and public relations and psychological
warfare).

[12] Exhibit No. 8, National Coalition Government of the  Union  of  Burma,
'Analysing the SLORC's National Convention,' p.5.

[13] Exhibit No 44., p.13.

[14] Report of the Special Rapporteur, op.cit.p.34.

[15] Exhibit No. 29, Inter-Parliemantary Union, 'Report of the Committee on
the Human Rights of Parliamentarians', CL/156/11(a)-R.1, April 1995, p. 97.

ENDS(5.16 - 5.31)\