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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.