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Editorial & Opinion 

      Burma must heed UN
      Charter

      It is time for Asean to identify with the
      Pricipals and Purposes of the UN Charter
      to tell Burma to hand over the reins to the
      people's rightful representatives, writes
      Josef Silverstein. 

      The spokespersons for the military junta in
      Burma have built their defence against any
      inquiry about human rights and democracy
      in Burma by citing Article 2.7 of the UN
      Charter and refuse to be drawn into any
      debate or discussion about what
      Slorc/SPDC does or does not do inside its
      borders. 

      By seizing upon the principle -- nations
      ''shall not intervene in the domestic
      jurisdiction of any state and shall not require
      the members to submit such matters to
      settlement'' -- to the exclusion of all others,
      they distort the Charter they pledged to
      honour and uphold in its totality when
      Burma joined the United Nations in 1948
      and was an original signer of the
      Declaration of Human Rights. 

      The Preamble of the UN Charter sets the
      tone for the rest of the document by noting
      that the ''Peoples of the United Nations
      determined .... to reaffirm faith in
      fundamental human rights, in the dignity and
      worth of the human person, in the equal
      rights of men and women and nations large
      and small .... have resolved to combine our
      efforts to accomplish these aims''. 

      The first Chapter, Purposes and Principles,
      establishes as one of the fundamental
      purposes of the treaty, the achievement of
      co-operation by all states in solving
      international problems of an economic,
      social, cultural, or humanitarian character,
      and in promoting and encouraging respect
      of human rights and for fundamental
      freedoms for all without distinction as to
      race, sex, language or religion. (Article 13).
      This purpose is so important that it is
      repeated in Article 55, where the Charter
      uses the world, shall, in ordering the UN to
      promote universal respect for and
      observance of the fundamental freedoms
      enunciated in the article. 

      Further, the Charter gives the General
      Assembly power to discuss any question
      brought before it (Article 11.4) and authority
      to ''initiate studies and make
      recommendations for the purposes of
      assisting in the realisation of human rights
      and fundamental freedoms for all .... ''
      (Article 13.b) The treaty also grants to the
      Economic and Social Council the right to
      create commissions for the promotion of
      human rights (Article 68) and to make
      studies, reports and recommendations
      (Article 62.2). 

      Nowhere does the Charter say that Burma
      is exempt or beyond the scrutiny, inquiry or
      concern of the members or organs of the
      United Nations. 

      Since 1989, the Commission on Human
      Rights (CHR), created by the Economic
      and Social Council, has been seized by the
      issue of human rights violations in Burma;
      beginning in 1991, and every year
      thereafter, it has issued strong reports and
      called upon Slorc/SPDC to alter its
      behaviour and respond to its
      recommendations. Because of the
      seriousness of the charges brought against
      Burma, the Commission named three
      different rapporters to make inquires and
      has published their reports. Thus far, Burma
      has admitted the first two and continues to
      deny entry to the third. 

      The General Assembly, too, has been
      seized by the issue of human rights
      violations in Burma and it, too, has issued
      strong resolutions with Slorc/SPDC
      members; but, thus far, his efforts have
      been no more successful than those of the
      CHR and the Unga. 

      The history of the UN's concern for human
      rights is clear and its members continue to
      look for ways to persuade members to
      change and punish those who defy the
      world body. Just a month ago,
      representatives to the world body met in
      Rome to create a new international criminal
      court which could have jurisdiction over the
      actions of states or individuals who order or
      are involved in flagrant or systematic
      violations of human rights in a country. 

      The Charter does not erect a wall around a
      state and exclude the UN and its members
      from using their eyes, ears and voices to
      learn about, report and call attention to
      violations of human rights anywhere in the
      world. Neither does the Charter provide for
      a member to select which item in the treaty
      it will honour and which it will not. Burma did
      not take exception to the language of the
      Charter when it signed the treaty and
      therefor it is obligated, along with all other
      member states to honour all of its
      provisions. 

      Finally, it should be noted that regional
      agreements cannot standout against the
      Charter. Regional groupings are
      recognized by the UN Treaty. Article 52
      declares that regional groupings are proper
      in matters 'relation to the maintenance of
      international peace and security ....
      provided that such arrangements or
      agencies and their activities are consistent
      with the Purposes and Principles of the
      United Nations. ''But regional grouping do
      not supercede or impair the rights and
      power of the Security Council on matters
      which might lead to international friction or
      give rise to a dispute. Also, any member of
      the UN may bring a dispute or a situation to
      the attention of the Security Council or
      General Assembly, regardless of their
      location and the existence of a regional
      grouping. 

      In the light of the discussion just concluded
      in Manila between Asean members and
      between them and their international
      dialogue partners, it is clear that Burma's
      position is untenable; it is unsupported by
      the UN Charter and it is time for Asean to
      stand with the rest of the world. Last year,
      Malaysia's Deputy Prime Minister Anwar
      Ibrahim, raised questions about the validity
      of 'constructive engagement'' as proper
      approach to Burma and Cambodia; this
      year, the Foreign Minister of Thailand and
      the Philippines spoke out more strongly
      along the same line. 

      It is time for Asean, as a regional grouping,
      to identify with the Principles and Purposes
      of the UN Charter and make clear to its
      newest member that it cannot hide either
      within or behind the organisation of
      Southeast nations; that it must end human
      rights violations, honour the 1990 election
      in Burma and transfer power to the people's
      representatives. 

      ........................ 

      The author is professor emeritus of Rugers
      University. He CONTRIBUTED this article
      to The Nation.