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CHR/BURMA, MALAYSIA: ALIRAN'S STATE
- Subject: CHR/BURMA, MALAYSIA: ALIRAN'S STATE
- From: darnott@xxxxxxxxxxx
- Date: Sun, 25 Apr 1999 14:54:00
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Aliran Kesedaran Negara
Oral Intervention on Item 9 (Question of the violation of human rights and
fundamental freedoms in any part of the world)
Delivered by Ms Deborah Stothard
Madam Chairperson,
May I remind the Myanmar delegation that this is the United Nations=
Commission
on Human Rights, not a comedy club.The bizarre descriptions used by the
delegation to gloss over the brutalities and oppressions inflicted on the
peoples of Burma by the so-called State Peace and Development Council is
nothing short of a sick joke.
It is outrageous that the regime dares to insult our intelligence by=
describing
the despicable practice of forced labour as =93voluntary contribution to
community development=94. It is very clear that the practice imposed by the
regime in this regard in no way contributes to community development, indeed
the practice of forced labour in Burma is destructive to the communities
involved.
One dreads to think what other excuses the regime may think up if this
double-speak goes unchallenged - will they describe the extra-judicial=
killings
perpetrated by its troops as =93voluntary participation in target practice=
=94?
Madam Chairperson, as we sit here in comfort and safety in Geneva, it is=
easy
to cloak the perpetration of injustice and brutality with diplomatic talk=
and
euphemisms, it is easy for those representing the human rights violators to
smoothly deny the evidence presented before this Commission.
However, no one can deny the truth that the military regime has torn apart=
tens
of thousands of families by perpetrating military offensives, forced
relocations, forced labour, porterage and illegal detentions.
No one can deny that hundreds of thousands of people have fled Burma because
the regime routinely violates their civil, political, economic, social and
cultural rights with such force that they are in fear of their safety and
well-being. These violations also cause a significant percentage of Burma=92=
s
population to be denied basic food, shelter and healthcare.
It is indisputable that the National League for Democracy has suffered the
worst year of repression in recent times, mainly because of its call to=
convene
the People=92s Parliament based on the outcome of the 1990 election.
It is true the Committee Representing the Peoples Parliament [which was=
formed
when the regime refused to convene Parliament last year] continues to=
command
legitimacy because it has the mandate of the elected MPs whereas the junta=
only
commands a rule of force to suppress those who stand up for their=
fundamental
rights.
It is true that more than 150 elected MPs of the National League for=
Democracy
[which won the election] are being detained, and other MPs have been forced,
through threats and intimidation, to resign. Three MPs have died because of
harsh conditions of detention. Hundreds of NLD members and activists=
continue
to be detained under harsh conditions, some under lengthy jail sentences.=
Most
detainees are being denied access to family visits, legal counsel and=
medical
attention.
Therefore, I challenge the representatives of the Burmese military regime to
see for themselves the refugee camps and prisons before daring to utter such
glib denials at the next Commission on Human Rights.
I challenge the regime to allow the Special Rapporteur free access to Burma=
to
determine the extent of the oppressions inflicted on the peoples of the
country.
I challenge the military regime of Burma to live up to its public commitment=
to
a political solution as expressed by Mr. U Aye last week. As a first step to
this political solution, the regime should convene a genuine dialogue with=
the
democracy movement led by Daw Aung San Suu Kyi and the ethnic nationality
leaders.
Finally, I challenge all of the members of the Human Rights Commission,
particularly those ASEAN states, to make a genuine commitment to the human
rights of peoples around the world, be they in Kosovo or Burma. The=
promotion
and protection of human rights deserves honest words, words that can be put
into action.
Thank you.
***************************
April 12, 1999
ALIRAN
Intervention on Item 11 (Civil & Political Rights in Burma, Malaysia,
Singapore)
Delivered by Ms Deborah Stothard
Madam Chairperson,
Last August 9, 18 people from Australia, Indonesia, Malaysia, the=
Philippines,
Thailand and the United States of America were arrested in Rangoon, Burma=
for
distributing goodwill messages. The text of the messages (=93We are your=
friends
from around the world. We have not forgotten you. We still support your=
hopes
for human rights and democracy. Don=92t forget, don=92t give up=94) were not
anti-government in nature, neither did they incite hatred or negative=
actions,
yet these goodwill ambassadors were arrested, detained for a week and=
sentenced
to five years jail after a show trial. Their sentence was commuted and the=
18
were deported the following day.
I quote from the attached statement by attorney Mr Tyler R Giannini who was=
one
of the 18 concerned:
`In addition to the fact we were detained for exercising our freedom of=
opinion
and expression (in violation of article 19 of the Universal Declaration of
Human Rights), the detention and trial illustrated how the rule of law is
lacking in Burma.
=93The violations we experienced included =20
* Being held without explanation for our detention on any formal arrest or=
any
formal charge being filed until our appearance for trial on the sixth day.
* No access to our consular officials until the third day of detention.
* My statement being forged in front of me during questioning on the first=
day
of detention,
* On the sixth day, the trial began without prior notice. Without notice of=
the
proposed charges, or evidence to be presented, we were unaware of the case=
we
would have to answer.
* We were not given legal representation nor even the opportunity to obtain
legal assistance. The only mention we heard of getting such assistance was a
veiled threat from a prison guard who told one of us, =93Don=92t get a=
lawyer. It
will slow down the process.=94 `
In addition, Mr Giannini notes several other irregularities in the conduct=
of
the trial.
Madam Chairperson, the whole detention and trial clearly prove that Burma is
devoid of the rule of law. If these were the violations perpetrated during=
such
a high profile and well publicized case, one is safe to conclude for the=
cases
involving citizens of Burma where the trials are closed from the public and
dissidents are denied legal counsel, the violations are only more severe and
pervasive. I note that in the past ten years Burma has only allowed two=
public
trials.
In addition, I wish to alert the Commission that the three Malaysians who
helped distribute the goodwill messages in Burma have had their passports
revoked for allegedly =91tarnishing the image of the country=92 whereas the=
then
Inspector-General of Police Tan Sri Rahim Noor who admitted to assaulting
former Deputy Prime Minister Anwar Ibrahim is free to come and go as he
pleases. (Ms ONG Ju Lin, Mr SEE Chee How and Mr Jonson CHONG Kok Wei have=
been
denied the freedom to travel, an essential requirement in their work.) It
appears that the violations of rule of law and freedom of expression,=
assembly
and association are now as widespread in Malaysia as in Burma.
I also deplore the restrictions on freedom of expression, association and
assembly in Singapore as outlined in the attached document. The severe
restrictions and harassment imposed on opposition politicians such as Mr JB
JEYARETNAM, Mr TANG Liang Hong, Mr Francis SEOW, Mr CHIA Thye Poh and Mr=
CHEE
Soon Juan are unjust.
I urge the Commission and its members to affirm in its resolutions and
statements that civil and political rights are essential to build genuine=
peace
and stability. All our human rights are indivisible and universal; violation=
of
one right constitutes a violation of all.
Thank you.
(Attached: 2-page signed statement of Mr Giannini, 1 page letter from ONG=
Ju
Lin, ! page background on Singapore)
***************************
Aliran Kesedaran Negara
Oral Intervention on Item 12 (Focus on Burma)
Delivered by Ms Deborah Stothard
Madam Chairperson,
It is indisputable that women suffer more in times of crisis and conflict.
Women are usually targeted for sexual violence as a means of demoralizing=
their
communities. In situations of military dictatorship, women also suffer
punishment through exclusion. They are often prevented by policy and/or
practice from advancing their economic and social status in structures which
favour military men.
In order to overcome the consequences of abuse and disadvantage, it is
imperative that women be allowed to participate equally and democratically=
in
all areas of government. Tragically, this has not been the case in Burma.
Widespread violence against women by the military has been recorded in UN
documents as well as reports published by NGOs across the world. There has=
been
no adequate action taken by the regime to cease these deplorable abuses.
In addition, 16 women MPs have been prevented from fulfilling their mandate
because the regime refuses to convene Parliament. Several women MPs have=
been
forced to resign and others detained. One MP is Nan Khin Htwe Myint, a=
popular
grassroots leader from Karen State, who was jailed after a mock trial early
last year. Another prisoner is Daw San San, a labour leader and MP in her=
late
60s. She is serving 25 years in jail for exercising her freedom of=
expression
by giving a telephone interview to the BBC.
Also in detention are an estimated 100 women prisoners of conscience. The
oldest is Daw Gyi Gyi, who is in her 80s. While we welcome the recent=
release
of Dr Thida, we note that she is subjected to close scrutiny by the military
intelligence.
I also wish to mention democracy leader Daw Aung San Suu Kyi who continues=
to
suffer severe restrictions on her movements and communications with=
colleagues
and family members. Ms Suu Kyi was subjected to a form of torture when she=
was
not allowed to speak to her dying husband on the telephone, and later, she
suffered restrictions when conversing with her bereaved children. The=
decision
of the regime not to allow Dr Michael Aris to visit his wife was both cruel=
and
chauvinistic; the regime implied that Ms Suu Kyi, as the woman, should visit
her husband.
The abuses and violations of women=92s human rights in Burma are too=
widespread
and varied to be covered in the course of five minutes, however, it is clear
that the military needs to cease its aggression in Burma=92s ethnic areas=
and
cease the apparent policy of supporting violence against women.
One aspect often overlooked in the consideration of military violence=
against
women in Burma is the longterm impact on the home communities of the=
soldiers
concerned. If men have been encouraged to rape and torture women as part of=
his
work, what will the impacts be on their wives and daughters when they return
from the frontline? I fear that the general acceptance of violence in the
community has led to increased incidence of domestic violence.=
Unfortunately,
no one has yet been able to conduct an honest and independent study of the
prevalence of violence against women in Burma and its impact on the=
community
Madam Chair,
I have listed a number of first steps the regime needs to take in order to
overcome the consequences of policies and practices which have caused severe
harm to the women of Burma, however time only allows me to name them=
briefly:
The regime must release all political prisoners, including women and reopen=
the
universities and colleges [which have been closed for two and a half years.
Without access to education, women will continue to be severely=
disadvantaged.]
The regime needs to divert its expenditure away from the army into health=
and
education. [It needs to] commence genuine dialogue with the elected=
government
of the country and convene the people=92s Parliament[ based on the results=
of the
last election.]
The regime also needs to allow the development of independent women=92s
organisations and NGOs - the existing ones are far from independent and=
appear
to be no more than a first wives=92 club of military men.
We count on the support of UN member states to take all actions necessary to
ensure that this will become a reality
Thank you.
***********************
Aliran Kesedaran Negara
Oral Intervention on Item 13 (Focus on Burma & Malaysia)
Delivered by Ms Deborah Stothard
Madam Chairperson,
I wish to bring to your attention some of the impacts suffered by children
living under conditions of repression and military conflict. [Even if a=
child
is able to physically survive such conditions,] the psychological and=
emotional
consequences of growing up in a state of fear and danger cannot be
underestimated.
On the situation of Burma, the Special Rapporteur has noted the serious
psychological problems facing women and children affected by [the=
circumstances
attending incidents of] forced relocation and military attack. Those=
children
who survive military atrocities still have to cope with the effects of
witnessing [people including] parents, relatives and friends being tortured=
or
killed. There have been cases where traumatized boys as young as 12 attempt=
to
join rebel armies so that they can avenge such atrocities. The tragedy is=
that
this trend is mirrored in central Burma where boys are forced and/or misled=
to
join the army for other reasons.
The majority of refugees fleeing Burma to neighboring countries such as
Thailand, China, India and Bangladesh are women and children, and a=
significant
number of those children fleeing the conflict are orphans or unaccompanied
minors. There is a crying need for these children=92s rights to be=
recognized and
protected.
Madam Chairperson,
The Burmese military regime continues to violate children=92s rights under
international law and the Convention of the Rights of the Child, which it is=
a
party to. These violations include=20
=B7 military attack in ethnic nationality areas=20
=B7 rape and killings=20
=B7 use of children as army porters and forced labor=20
=B7 forced relocation of thousands of communities=20
=B7 recruitment of child soldiers and =20
=B7 arrests of children for expressing their views.
The regime=92s severe economic mismanagement which has seen a diversion of=
funds
from health and education towards military spending has resulted in chronic
problems for children and their families. Burma is in the grip of a health
crisis exacerbated by the regime=92s rule of fear. UN statistics indicate=
that
the regime spends 222% funds on military spending than it does on health and
education combined. I refer to the attached briefing note on this matter for
your reference.
In central Burma where military aggression is less visible, children still
remain in a state of fear and uncertainty. Both adults and children are
subjected to a range of repressive laws and regulations. It is considered
normal for the military intelligence to raid homes in the middle of the=
night
for no apparent reason and for people to be subjected to arbitrary=
detention.
Children are being brought up to expect violence and repression from the=
very
institutions which are supposed to protect and support them. I fear the deep
and long-term effects this ultimate betrayal will have on the next=
generation
of adults.
I also wish to draw your attention to a similar pattern emerging in=
Malaysia.
The recent surge in arbitrary detentions and police brutality can only have
negative effects on children. I dread to think what messages the authorities
are conveying to children and young people who witnessed the extreme=
brutality
inflicted by the Kuala Lumpur police yesterday on peaceful protesters=
including
human rights defender Mr Tian Chua. This type of incident is becoming a=
normal
occurrence.
My concern and sympathy also goes out to the children of political=
prisoners,
including Anwar Ibrahim, who have to endure harassment, uncertainty and
separation from their parents. It is extremely difficult to encourage
children=92s belief in the rule of law when legal institutions conspire to=
deny
them justice.
Madam Chairperson,
No government in the world would admit to hating children yet it is=
deplorable
to witness the continued violations of children by the authorities. I urge=
all
member states of the United Nations to commit themselves seriously to=
working
with all key organizations concerned to ensure that we bridge this severe=
gap
between what is said and what is done.
Thank you.
(Attached briefing note on Health & Education in Burma)
**********************
Aliran Kesedaran Negara
Oral Intervention on Item 14 (Focus on Burma & Malaysia)
Delivered by Ms Deborah Stothard
Madam Chairperson,
Southeast Asia is currently gripped by a crisis of displaced people. About=
two
hundred thousand people are officially recognized as refugees, however, many
governments overlook the plight of millions who have been displaced as a=
result
of military aggression, political repression and harmful government=
practices
such as forced relocation, so-called development projects and=
transmigration.
Hundreds of thousands of people in the region have left their homes to seek
safety and livelihood in other countries. Some Asean [Association of=
Southeast
Asian Nations] member states, as sending and receiving countries, have=
failed
miserably to live up to their responsibilities.
While we congratulate the Philippines for being a party to the Convention on
the Rights of Migrant Workers and their Families, we note that a great deal=
of
work remains to be done. It is unfortunate that the rest of Asean has yet to
support this Convention which is relevant to a significant section of their
populations.
We are deeply concerned that Asean member states have been using the current
economic crisis as an excuse to shrug off their responsibilities to
asylum-seekers, displaced peoples and migrant workers. These include
undocumented migrant workers; many are in fact, refugees from repression and
armed conflict.
Most displaced peoples and migrant workers continue to be denied health care
and education for their children at a time when such support and rights are
urgently needed. It is shocking to witness the heartlessness and apathy of
governments that continue to deny the humanity of these vulnerable groups.
Also deplorable are the governments of sending countries such as Burma,=
which
continue to violate with brutality the rights of its citizens. Even some=
army
soldiers have abandoned their cruel work and fled to neighboring countries=
as
migrant workers.
In Malaysia, police have repeatedly harassed Acehnese refugees. For example,=
Mr
Aidul Amri was arrested on several occasions by police on the pretext that=
his
Malaysian government pass for asylum-seekers was not valid. Four weeks ago,=
his
brother had his pass card torn up in his face by police from the Klang
District.
These intimidations have occurred regularly despite concerns raised by the=
UN
High Commissioner for Refugees with the Malaysian authorities. Acehnese
refugees live in fear of forced repatriation since the incident of March=
1998 -
the police used extreme force to deport 500 Acehnese. We remind the=
Commission
that 8 Acehnese were reportedly killed by police in the immigration=
detention
camp during this incident. We note that independent investigators were
prevented from checking this figure. The remaining survivors, most of whom=
were
injured, were deported with minimal medical attention. No efforts were made=
by
the Malaysian government to monitor their safety. Information received from
NGOs in Aceh indicates that the returnees were detained, many tortured and
scores disappeared.
Despite having Malaysian permanent residence, Mr Ishak Daud of the Committee
for Acehnese Refugees in Malaysia was secretly handed over by the Malaysian
authorities to their Indonesian colleagues without due process of law. He=
has
since been charged, convicted and sentenced to 20 years=92 jail for alleged
murder.
As a Malaysian, I can only express deep shame that my government continues=
to
act with such callousness and irresponsibility towards migrant workers and
asylum-seekers. The domestic actions of the Malaysian government are=
contrary
to international norms and turn into a farce its aspiration to be a crusader
for southern countries.
I also note the apparent targeting of human rights defenders Mr Tian Chua=
and
Ms Elizabeth Wong on the grounds that they are minority ethnic Chinese in
Malaysia. The Utusan Malaysia=92s 30th November editorial alleged that Mr
Chua and
Ms Wong were the hidden hand behind protests in Kuala Lumpur to cause
instability amongst majority Malays. Mr Chua has since been assaulted on
several occasions by ethnic Malay police; the most recent incident was on=
April
14.
Therefore I urge the Association of Southeast Asian Nations, also known as
Asean to live up to its moral responsibility to deal humanely with the
displaced peoples and migrant workers of the region.
As a start, Asean should:
=B7 ensure that all members ratify the Convention on the Rights of=
Migrant
Workers and their Families
=B7 work with determination to satisfactorily resolve armed conflicts=
and
other root causes of displacement, and
=B7 incorporate a human rights perspective in the policies and
activities of
the regional body
Thank you.
***********************
Aliran Kesedaran Negara
Oral Intervention on Item 17
Delivered by Ms Deborah Stothard on April 20, 1999
Madam Chairperson,
I am sad to report that in Southeast Asia, particularly amongst some key
members of the Association of Southeast Asian Nations (ASEAN), most of the
significant human rights treaties are yet to be ratified.
It is extremely strange that as ASEAN moves towards progress and consistency=
in
the area of free trade, many of its members have failed to ratify the basic
treaties [including the International Covenant on Civil and Political=
Rights,
International Covenant on Economic, Social and Cultural Rights, Convention
Against Torture, Convention Relating to the Status of Refugees and=
Convention
on the Rights of Migrant Workers and their Families.] While we congratulate
those few member states which have bravely ratified some of these treaties,
they need more active support to ensure effective implementation. Further we
hope those states will encourage to urge their recalcitrant peers to follow
suit.
As this 55th Session of the Human Rights Commission meets, it has become
glaringly clear to me as a Malaysian that the government of my country has=
not
been able to match its loud human rights stance overseas with its domestic
behavior.
In the past six months, Malaysians have witnessed a surge of human rights
violations in our country. The police has been at the forefront of these
ongoing abuses. There have been no significant actions taken against to stop
these violations or discipline the perpetrators, therefore one can conclude
that this police brutality, particularly against human rights defenders, is
tacitly supported by the government.=20
For example, human rights defenders Mr. Tian Chua and Mr. Abdul Malik=
Hussein
were severely beaten and arrested by police only last week. They were=
released
today on bail [RM4,000 each =3D @Swiss Franc 1,600] however the charges have=
not
been dropped. This is the 4th arrest and third assault against Mr. Chua in 6
months. Mr. Abdul Malik was recently detained for 2 months without trial=
under
the draconian Internal Security Act - the torture he suffered included=
sexual
assault. Both men have lodged official complaints about the violations they
endured and it is believed that this action has in fact, made them a greater
target.
I also wish to bring to your attention that human rights defender Ms=
Elizabeth
Wong who made a statement to the Commission [on civil and political rights]=
ten
days ago, was herself assaulted by the Dang Wangi District Police Chief=
[OCPD]
Mohd Bakri Mohd Zinin on Sunday night. Ms Wong was asking Mr. Mohd Bakri to
allow a peaceful vigil for the recent detainees to proceed when the officer,
who is visibly larger than Ms Wong, shoved her off the kerb onto the road.=
[He
pushed her a second time and Ms Wong has lodged a complaint.]
It is not uncommon for human rights defenders in Malaysia to be subjected to
various degrees of intimidation or violence. One public scandal involves the
prosecution and persecution of migrant rights advocate Ms Irene Fernandez.
Another is that of Mr. Lim Guan Eng, who lost his parliamentary seat and his
liberty for speaking out in defence of an under-aged girl who testified that
political leader Tan Sri Rahim Thamby Chik had sex with her. Mr. Lim=
currently
languishes in jail for his free speech [and the girl concerned was put in a
home for unmarried mothers. Surprisingly, the courts did not use the array=
of
forensic technology available to determine the truthfulness of both Mr.=
Lim=92s
and the girl=92s statements.]
Some individuals [who promote and protect human rights and liberties] have=
been
lucky because they escaped physical assault. However, I note that Dr Chandra
Muzaffar inexplicably lost his academic job recently at when he spoke out=
for
human rights. I thank the esteemed representative of the Malaysian=
delegation
for bringing up the unique case in which the judiciary found the ruling=
party
guilty of offenses and ordered it dissolved. As I recall, the judge=
concerned
lost his job.
Malaysians, particularly human rights defenders, continue to be liable to
indefinite detention without trial under the Internal Security Act as the=
Home
Minister can order the 2-year detention orders to be renewed for as often as=
he
likes. Also used against human rights defenders are a number of other laws,
including the University and Colleges Act, Societies Act, Trade Unions Act,
Official Secrets Actand Printing Presses and Publications Act.
The Malaysian government also has the tendency to withhold the passports of
human rights advocates. I remind you of the case of Ms Ong Ju Lin, Mr. See=
Chee
How and Mr. Jonson Chong Kok Wei who recently lost their freedom of movement
because they supported human rights in Burma, also indigenous rights=
advocates
Mr. Jok Jau, Mr. Wong Meng Chuo, Mr. Gara Jalong and Ms Jannie Lasimbang.
Madam Chair,
These harassments and attacks on human rights defenders send a warning to=
young
and old alike that it is dangerous to speak out in favour of human rights.=
This
warning has been underscored by recent footage of severe beatings and=
assault
against human rights defenders in Kuala Lumpur. Therefore we respectfully=
urge
the Commission to intervene on behalf of Malaysian human rights defenders.=
For
a start, we seek that the police and riot police of Malaysia be given proper
human rights training, further that our government ratify the necessary
treaties and make them a reality in our country.
Thank you.
(Attached: Urgent Appeal from SUARAM re April 14 incident)
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<font face=3D"Garamond" size=3D4>Aliran Kesedaran Negara<br>
<br>
</font><font face=3D"Arial, Helvetica">Oral Intervention on Item 9
(Question of the violation of human rights and fundamental freedoms in
any part of the world)<br>
Delivered by Ms Deborah Stothard<br>
<br>
Madam Chairperson,<br>
<br>
May I remind the Myanmar delegation that this is the United Nations
Commission on Human Rights, not a comedy club.The bizarre descriptions
used by the delegation to gloss over the brutalities and oppressions
inflicted on the peoples of Burma by the so-called State Peace and
Development Council is nothing short of a sick joke.<br>
<br>
It is outrageous that the regime dares to insult our intelligence by
describing the despicable practice of forced labour as =93voluntary
contribution to community development=94. It is very clear that the
practice imposed by the regime in this regard in no way contributes to
community development, indeed the practice of forced labour in Burma is
destructive to the communities involved.<br>
<br>
One dreads to think what other excuses the regime may think up if this
double-speak goes unchallenged - will they describe the extra-judicial
killings perpetrated by its troops as =93voluntary participation in target
practice=94?<br>
<br>
Madam Chairperson, as we sit here in comfort and safety in Geneva, it is
easy to cloak the perpetration of injustice and brutality with diplomatic
talk and euphemisms, it is easy for those representing the human rights
violators to smoothly deny the evidence presented before this
Commission.<br>
<br>
However, no one can deny the truth that the military regime has torn
apart tens of thousands of families by perpetrating military offensives,
forced relocations, forced labour, porterage and illegal=20
detentions.<br>
<br>
No one can deny that hundreds of thousands of people have fled Burma
because the regime routinely violates their civil, political, economic,
social and cultural rights with such force that they are in fear of their
safety and well-being. These violations also cause a significant
percentage of Burma=92s population to be denied basic food, shelter and
healthcare.<br>
<br>
It is indisputable that the National League for Democracy has suffered
the worst year of repression in recent times, mainly because of its call
to convene the People=92s Parliament based on the outcome of the 1990
election.<br>
<br>
It is true the Committee Representing the Peoples Parliament [which was
formed when the regime refused to convene Parliament last year] continues
to command legitimacy because it has the mandate of the elected MPs
whereas the junta only commands a rule of force to suppress those who
stand up for their fundamental rights.<br>
<br>
It is true that more than 150 elected MPs of the National League for
Democracy [which won the election] are being detained, and other MPs have
been forced, through threats and intimidation, to resign. Three MPs have
died because of harsh conditions of detention. Hundreds of NLD members
and activists continue to be detained under harsh conditions, some under
lengthy jail sentences. Most detainees are being denied access to family
visits, legal counsel and medical attention.<br>
<br>
Therefore, I challenge the representatives of the Burmese military regime
to see for themselves the refugee camps and prisons before daring to
utter such glib denials at the next Commission on Human Rights.<br>
<br>
I challenge the regime to allow the Special Rapporteur free access to
Burma to determine the extent of the oppressions inflicted on the peoples
of the country.<br>
<br>
I challenge the military regime of Burma to live up to its public
commitment to a political solution as expressed by Mr. U Aye last week.
As a first step to this political solution, the regime should convene a
genuine dialogue with the democracy movement led by Daw Aung San Suu Kyi
and the ethnic nationality leaders.<br>
<br>
Finally, I challenge all of the members of the Human Rights Commission,
particularly those ASEAN states, to make a genuine commitment to the
human rights of peoples around the world, be they in Kosovo or Burma. The
promotion and protection of human rights deserves honest words, words
that can be put into action.<br>
<br>
Thank you.<br>
<br>
***************************<br>
<br>
April 12, 1999<br>
ALIRAN<br>
Intervention on Item 11 (Civil & Political Rights in Burma, Malaysia,
Singapore)<br>
Delivered by Ms Deborah Stothard<br>
<br>
Madam Chairperson,<br>
<br>
Last August 9, 18 people from Australia, Indonesia, Malaysia, the
Philippines, Thailand and the United States of America were arrested in
Rangoon, Burma for distributing goodwill messages. The text of the
messages (=93We are your friends from around the world. We have not
forgotten you. We still support your hopes for human rights and
democracy. Don=92t forget, don=92t give up=94) were not anti-government in
nature, neither did they incite hatred or negative actions, yet these
goodwill ambassadors were arrested, detained for a week and sentenced to
five years jail after a show trial. Their sentence was commuted and the
18 were deported the following day.<br>
<br>
I quote from the attached statement by attorney Mr Tyler R Giannini who
was one of the 18 concerned:<br>
<br>
`In addition to the fact we were detained for exercising our freedom of
opinion and expression (in violation of article 19 of the Universal
Declaration of Human Rights), the detention and trial illustrated how the
rule of law is lacking in Burma.<br>
<br>
=93The violations we experienced included <br>
<br>
* Being held without explanation for our detention on any formal arrest
or any formal charge being filed until our appearance for trial on the
sixth day.<br>
<br>
* No access to our consular officials until the third day of
detention.<br>
<br>
* My statement being forged in front of me during questioning on the
first day of detention,<br>
<br>
* On the sixth day, the trial began without prior notice. Without notice
of the proposed charges, or evidence to be presented, we were unaware of
the case we would have to answer.<br>
<br>
* We were not given legal representation nor even the opportunity to
obtain legal assistance. The only mention we heard of getting such
assistance was a veiled threat from a prison guard who told one of us,
=93Don=92t get a lawyer. It will slow down the process.=94 `<br>
<br>
In addition, Mr Giannini notes several other irregularities in the
conduct of the trial.<br>
<br>
Madam Chairperson, the whole detention and trial clearly prove that Burma
is devoid of the rule of law. If these were the violations perpetrated
during such a high profile and well publicized case, one is safe to
conclude for the cases involving citizens of Burma where the trials are
closed from the public and dissidents are denied legal counsel, the
violations are only more severe and pervasive. I note that in the past
ten years Burma has only allowed two public trials.<br>
<br>
In addition, I wish to alert the Commission that the three Malaysians who
helped distribute the goodwill messages in Burma have had their passports
revoked for allegedly =91tarnishing the image of the country=92 whereas the
then Inspector-General of Police Tan Sri Rahim Noor who admitted to
assaulting former Deputy Prime Minister Anwar Ibrahim is free to come and
go as he pleases. (Ms ONG Ju Lin, Mr SEE Chee How and Mr Jonson CHONG Kok
Wei have been denied the freedom to travel, an essential requirement in
their work.) It appears that the violations of rule of law and
freedom of expression, assembly and association are now as widespread in
Malaysia as in Burma.<br>
<br>
I also deplore the restrictions on freedom of expression, association and
assembly in Singapore as outlined in the attached document. The severe
restrictions and harassment imposed on opposition politicians such as Mr
JB JEYARETNAM, Mr TANG Liang Hong, Mr Francis SEOW, Mr CHIA Thye Poh and
Mr CHEE Soon Juan are unjust.<br>
<br>
I urge the Commission and its members to affirm in its resolutions and
statements that civil and political rights are essential to build genuine
peace and stability. All our human rights are indivisible and universal;
violation of one right constitutes a violation of all.<br>
<br>
Thank you.<br>
<br>
(Attached: 2-page signed statement of Mr Giannini, 1 page letter
from ONG Ju Lin, ! page background on Singapore)<br>
<br>
***************************<br>
<br>
Aliran Kesedaran Negara<br>
Oral Intervention on Item 12 (Focus on Burma)<br>
Delivered by Ms Deborah Stothard<br>
<br>
Madam Chairperson,<br>
<br>
It is indisputable that women suffer more in times of crisis and
conflict. Women are usually targeted for sexual violence as a means of
demoralizing their communities. In situations of military dictatorship,
women also suffer punishment through exclusion. They are often prevented
by policy and/or practice from advancing their economic and social status
in structures which favour military men.<br>
<br>
In order to overcome the consequences of abuse and disadvantage, it is
imperative that women be allowed to participate equally and
democratically in all areas of government. Tragically, this has not been
the case in Burma.<br>
<br>
Widespread violence against women by the military has been recorded in UN
documents as well as reports published by NGOs across the world. There
has been no adequate action taken by the regime to cease these deplorable
abuses.<br>
<br>
In addition, 16 women MPs have been prevented from fulfilling their
mandate because the regime refuses to convene Parliament. Several women
MPs have been forced to resign and others detained. One MP is Nan Khin
Htwe Myint, a popular grassroots leader from Karen State, who was jailed
after a mock trial early last year. Another prisoner is Daw San San, a
labour leader and MP in her late 60s. She is serving 25 years in jail for
exercising her freedom of expression by giving a telephone interview to
the BBC.<br>
<br>
Also in detention are an estimated 100 women prisoners of conscience. The
oldest is Daw Gyi Gyi, who is in her 80s. While we welcome the recent
release of Dr Thida, we note that she is subjected to close scrutiny by
the military intelligence.<br>
<br>
I also wish to mention democracy leader Daw Aung San Suu Kyi who
continues to suffer severe restrictions on her movements and
communications with colleagues and family members. Ms Suu Kyi was
subjected to a form of torture when she was not allowed to speak to her
dying husband on the telephone, and later, she suffered restrictions when
conversing with her bereaved children. The decision of the regime not to
allow Dr Michael Aris to visit his wife was both cruel and chauvinistic;
the regime implied that Ms Suu Kyi, as the woman, should visit her
husband.<br>
<br>
The abuses and violations of women=92s human rights in Burma are too
widespread and varied to be covered in the course of five minutes,
however, it is clear that the military needs to cease its aggression in
Burma=92s ethnic areas and cease the apparent policy of supporting violence
against women.<br>
<br>
One aspect often overlooked in the consideration of military violence
against women in Burma is the longterm impact on the home communities of
the soldiers concerned. If men have been encouraged to rape and torture
women as part of his work, what will the impacts be on their wives and
daughters when they return from the frontline? I fear that the general
acceptance of violence in the community has led to increased incidence of
domestic violence. Unfortunately, no one has yet been able to conduct an
honest and independent study of the prevalence of violence against women
in Burma and its impact on the community<br>
<br>
Madam Chair,<br>
<br>
I have listed a number of first steps the regime needs to take in order
to overcome the consequences of policies and practices which have caused
severe harm to the women of Burma, however time only allows me to name
them briefly:<br>
<br>
The regime must release all political prisoners, including women and
reopen the universities and colleges [which have been closed for two and
a half years. Without access to education, women will continue to be
severely disadvantaged.]<br>
<br>
The regime needs to divert its expenditure away from the army into health
and education. [It needs to] commence genuine dialogue with the elected
government of the country and convene the people=92s Parliament[ based on
the results of the last election.]<br>
<br>
The regime also needs to allow the development of independent women=92s
organisations and NGOs - the existing ones are far from independent and
appear to be no more than a first wives=92 club of military men.<br>
<br>
We count on the support of UN member states to take all actions necessary
to ensure that this will become a reality<br>
<br>
Thank you.<br>
<br>
***********************<br>
<br>
<b>Aliran Kesedaran Negara<br>
Oral Intervention on Item 13 (Focus on Burma & Malaysia)<br>
</b>Delivered by Ms Deborah Stothard<br>
<br>
Madam Chairperson,<br>
<br>
I wish to bring to your attention some of the impacts suffered by
children living under conditions of repression and military conflict.
[Even if a child is able to physically survive such conditions,] the
psychological and emotional consequences of growing up in a state of fear
and danger cannot be underestimated.<br>
<br>
On the situation of Burma, the Special Rapporteur has noted the serious
psychological problems facing women and children affected by [the
circumstances attending incidents of] forced relocation and military
attack. Those children who survive military atrocities still have to cope
with the effects of witnessing [people including] parents, relatives and
friends being tortured or killed. There have been cases where traumatized
boys as young as 12 attempt to join rebel armies so that they can avenge
such atrocities. The tragedy is that this trend is mirrored in central
Burma where boys are forced and/or misled to join the army for other
reasons.<br>
<br>
The majority of refugees fleeing Burma to neighboring countries such as
Thailand, China, India and Bangladesh are women and children, and a
significant number of those children fleeing the conflict are orphans or
unaccompanied minors. There is a crying need for these children=92s rights
to be recognized and protected.<br>
<br>
Madam Chairperson,<br>
<br>
The Burmese military regime continues to violate children=92s rights under
international law and the Convention of the Rights of the Child, which it
is a party to. These violations include <br>
</font><font face=3D"Symbol">
<dl>
<dl>
<dd>=B7<x-tab> </x-tab></font><font=
face=3D"Arial, Helvetica">military
attack in ethnic nationality areas</font><font face=3D"Symbol">
<dd>=B7<x-tab> </x-tab></font><font=
face=3D"Arial, Helvetica">rape
and killings</font><font face=3D"Symbol">
<dd>=B7<x-tab> </x-tab></font><font=
face=3D"Arial, Helvetica">use
of children as army porters and forced labor</font><font face=3D"Symbol">
<dd>=B7<x-tab> </x-tab></font><font=
face=3D"Arial, Helvetica">forced
relocation of thousands of communities</font><font face=3D"Symbol">
<dd>=B7<x-tab> </x-tab></font><font=
face=3D"Arial, Helvetica">recruitment
of child soldiers and </font><font face=3D"Symbol">
<dd>=B7<x-tab> </x-tab></font><font=
face=3D"Arial, Helvetica">arrests
of children for expressing their views.<br>
<br>
</dl>
</dl>The regime=92s severe economic mismanagement which has seen a
diversion of funds from health and education towards military spending
has resulted in chronic problems for children and their families. Burma
is in the grip of a health crisis exacerbated by the regime=92s rule of
fear. UN statistics indicate that the regime spends 222% funds on
military spending than it does on health and education combined. I refer
to the attached briefing note on this matter for your reference.<br>
<br>
In central Burma where military aggression is less visible, children
still remain in a state of fear and uncertainty. Both adults and children
are subjected to a range of repressive laws and regulations. It is
considered normal for the military intelligence to raid homes in the
middle of the night for no apparent reason and for people to be subjected
to arbitrary detention. Children are being brought up to expect violence
and repression from the very institutions which are supposed to protect
and support them. I fear the deep and long-term effects this ultimate
betrayal will have on the next generation of adults.<br>
<br>
I also wish to draw your attention to a similar pattern emerging in
Malaysia. The recent surge in arbitrary detentions and police brutality
can only have negative effects on children. I dread to think what
messages the authorities are conveying to children and young people who
witnessed the extreme brutality inflicted by the Kuala Lumpur police
yesterday on peaceful protesters including human rights defender Mr Tian
Chua. This type of incident is becoming a normal occurrence.<br>
<br>
My concern and sympathy also goes out to the children of political
prisoners, including Anwar Ibrahim, who have to endure harassment,
uncertainty and separation from their parents. It is extremely difficult
to encourage children=92s belief in the rule of law when legal institutions
conspire to deny them justice.<br>
<br>
Madam Chairperson,<br>
<br>
No government in the world would admit to hating children yet it is
deplorable to witness the continued violations of children by the
authorities. I urge all member states of the United Nations to commit
themselves seriously to working with all key organizations concerned to
ensure that we bridge this severe gap between what is said and what is
done.<br>
<br>
Thank you.<br>
<br>
(Attached briefing note on Health & Education in Burma)<br>
<br>
**********************<br>
<br>
<b>Aliran Kesedaran Negara<br>
Oral Intervention on Item 14 (Focus on Burma & Malaysia)<br>
</b>Delivered by Ms Deborah Stothard<br>
<br>
Madam Chairperson,<br>
<br>
Southeast Asia is currently gripped by a crisis of displaced people.
About two hundred thousand people are officially recognized as refugees,
however, many governments overlook the plight of millions who have been
displaced as a result of military aggression, political repression and
harmful government practices such as forced relocation, so-called
development projects and transmigration.<br>
<br>
Hundreds of thousands of people in the region have left their homes to
seek safety and livelihood in other countries. Some Asean [Association of
Southeast Asian Nations] member states, as sending and receiving
countries, have failed miserably to live up to their
responsibilities.<br>
<br>
While we congratulate the Philippines for being a party to the Convention
on the Rights of Migrant Workers and their Families, we note that a great
deal of work remains to be done. It is unfortunate that the rest of Asean
has yet to support this Convention which is relevant to a significant
section of their populations.<br>
<br>
We are deeply concerned that Asean member states have been using the
current economic crisis as an excuse to shrug off their responsibilities
to asylum-seekers, displaced peoples and migrant workers. These include
undocumented migrant workers; many are in fact, refugees from repression
and armed conflict.<br>
<br>
Most displaced peoples and migrant workers continue to be denied health
care and education for their children at a time when such support and
rights are urgently needed. It is shocking to witness the heartlessness
and apathy of governments that continue to deny the humanity of these
vulnerable groups.<br>
<br>
Also deplorable are the governments of sending countries such as Burma,
which continue to violate with brutality the rights of its citizens. Even
some army soldiers have abandoned their cruel work and fled to
neighboring countries as migrant workers.<br>
<br>
In Malaysia, police have repeatedly harassed Acehnese refugees. For
example, Mr Aidul Amri was arrested on several occasions by police on the
pretext that his Malaysian government pass for asylum-seekers was not
valid. Four weeks ago, his brother had his pass card torn up in his face
by police from the Klang District.<br>
<br>
These intimidations have occurred regularly despite concerns raised by
the UN High Commissioner for Refugees with the Malaysian authorities.
Acehnese refugees live in fear of forced repatriation since the incident
of March 1998 - the police used extreme force to deport 500 Acehnese. We
remind the Commission that 8 Acehnese were reportedly killed by police in
the immigration detention camp during this incident. We note that
independent investigators were prevented from checking this figure. The
remaining survivors, most of whom were injured, were deported with
minimal medical attention. No efforts were made by the Malaysian
government to monitor their safety. Information received from NGOs in
Aceh indicates that the returnees were detained, many tortured and scores
disappeared.<br>
<br>
Despite having Malaysian permanent residence, Mr Ishak Daud of the
Committee for Acehnese Refugees in Malaysia was secretly handed over by
the Malaysian authorities to their Indonesian colleagues without due
process of law. He has since been charged, convicted and sentenced to 20
years=92 jail for alleged murder.<br>
<br>
As a Malaysian, I can only express deep shame that my government
continues to act with such callousness and irresponsibility towards
migrant workers and asylum-seekers. The domestic actions of the Malaysian
government are contrary to international norms and turn into a farce its
aspiration to be a crusader for southern countries.<br>
<br>
I also note the apparent targeting of human rights defenders Mr Tian Chua
and Ms Elizabeth Wong on the grounds that they are minority ethnic
Chinese in Malaysia. The Utusan Malaysia=92s 30<sup>th</sup> November
editorial alleged that Mr Chua and Ms Wong were the hidden hand behind
protests in Kuala Lumpur to cause instability amongst majority Malays. Mr
Chua has since been assaulted on several occasions by ethnic Malay
police; the most recent incident was on April 14.<br>
<br>
Therefore I urge the Association of Southeast Asian Nations, also known
as Asean to live up to its moral responsibility to deal humanely with the
displaced peoples and migrant workers of the region.<br>
<br>
As a start, Asean should:<br>
</font><font=
face=3D"Symbol">=B7<x-tab> </x-tab=
></font><font face=3D"Arial, Helvetica">ensure
that all members ratify the Convention on the Rights of Migrant Workers
and their Families<br>
</font><font=
face=3D"Symbol">=B7<x-tab> </x-tab=
></font><font face=3D"Arial, Helvetica">work
with determination to satisfactorily resolve armed conflicts and other
root causes of displacement, and<br>
</font><font=
face=3D"Symbol">=B7<x-tab> </x-tab=
></font><font face=3D"Arial, Helvetica">incorporate
a human rights perspective in the policies and activities of the regional
body<br>
<br>
Thank you.<br>
<br>
***********************<br>
<br>
<b>Aliran Kesedaran Negara<br>
Oral Intervention on Item 17<br>
</b>Delivered by Ms Deborah Stothard on April 20, 1999<br>
<br>
Madam Chairperson,<br>
<br>
I am sad to report that in Southeast Asia, particularly amongst some key
members of the Association of Southeast Asian Nations (ASEAN), most of
the significant human rights treaties are yet to be ratified.<br>
<br>
It is extremely strange that as ASEAN moves towards progress and
consistency in the area of free trade, many of its members have failed to
ratify the basic treaties [including the International Covenant on Civil
and Political Rights, International Covenant on Economic, Social and
Cultural Rights, Convention Against Torture, Convention Relating to the
Status of Refugees and Convention on the Rights of Migrant Workers and
their Families.] While we congratulate those few member states which have
bravely ratified some of these treaties, they need more active support to
ensure effective implementation. Further we hope those states will
encourage to urge their recalcitrant peers to follow suit.<br>
<br>
As this 55<sup>th</sup> Session of the Human Rights Commission meets, it
has become glaringly clear to me as a Malaysian that the government of my
country has not been able to match its loud human rights stance overseas
with its domestic behavior.<br>
<br>
In the past six months, Malaysians have witnessed a surge of human rights
violations in our country. The police has been at the forefront of
these ongoing abuses. There have been no significant actions taken
against to stop these violations or discipline the perpetrators,
therefore one can conclude that this police brutality, particularly
against human rights defenders, is tacitly supported by the government.
<br>
<br>
For example, human rights defenders Mr. Tian Chua and Mr. Abdul Malik
Hussein were severely beaten and arrested by police only last week. They
were released today on bail [RM4,000 each =3D @Swiss Franc 1,600] however
the charges have not been dropped. This is the 4<sup>th</sup> arrest and
third assault against Mr. Chua in 6 months. Mr. Abdul Malik was recently
detained for 2 months without trial under the draconian Internal Security
Act - the torture he suffered included sexual assault. Both men have
lodged official complaints about the violations they endured and it is
believed that this action has in fact, made them a greater target.<br>
<br>
I also wish to bring to your attention that human rights defender Ms
Elizabeth Wong who made a statement to the Commission [on civil and
political rights] ten days ago, was herself assaulted by the Dang Wangi
District Police Chief [OCPD] Mohd Bakri Mohd Zinin on Sunday night. Ms
Wong was asking Mr. Mohd Bakri to allow a peaceful vigil for the recent
detainees to proceed when the officer, who is visibly larger than Ms
Wong, shoved her off the kerb onto the road. [He pushed her a second time
and Ms Wong has lodged a complaint.]<br>
<br>
It is not uncommon for human rights defenders in Malaysia to be subjected
to various degrees of intimidation or violence. One public scandal
involves the prosecution and persecution of migrant rights advocate Ms
Irene Fernandez. Another is that of Mr. Lim Guan Eng, who lost his
parliamentary seat and his liberty for speaking out in defence of an
under-aged girl who testified that political leader Tan Sri Rahim Thamby
Chik had sex with her. Mr. Lim currently languishes in jail for his free
speech [and the girl concerned was put in a home for unmarried mothers.
Surprisingly, the courts did not use the array of forensic technology
available to determine the truthfulness of both Mr. Lim=92s and the girl=92s
statements.]<br>
<br>
Some individuals [who promote and protect human rights and liberties]
have been lucky because they escaped physical assault. However, I note
that Dr Chandra Muzaffar inexplicably lost his academic job recently at
when he spoke out for human rights. I thank the esteemed representative
of the Malaysian delegation for bringing up the unique case in which the
judiciary found the ruling party guilty of offenses and ordered it
dissolved. As I recall, the judge concerned lost his job.<br>
<br>
Malaysians, particularly human rights defenders, continue to be liable to
indefinite detention without trial under the Internal Security Act as the
Home Minister can order the 2-year detention orders to be renewed for as
often as he likes. Also used against human rights defenders are a number
of other laws, including the University and Colleges Act, Societies Act,
Trade Unions Act, Official Secrets Actand Printing Presses and
Publications Act.<br>
<br>
The Malaysian government also has the tendency to withhold the passports
of human rights advocates. I remind you of the case of Ms Ong Ju Lin, Mr.
See Chee How and Mr. Jonson Chong Kok Wei who recently lost their freedom
of movement because they supported human rights in Burma, also indigenous
rights advocates Mr. Jok Jau, Mr. Wong Meng Chuo, Mr. Gara Jalong and Ms
Jannie Lasimbang.<br>
<br>
Madam Chair,<br>
<br>
These harassments and attacks on human rights defenders send a warning to
young and old alike that it is dangerous to speak out in favour of human
rights. This warning has been underscored by recent footage of severe
beatings and assault against human rights defenders in Kuala Lumpur.
Therefore we respectfully urge the Commission to intervene on behalf of
Malaysian human rights defenders. For a start, we seek that the police
and riot police of Malaysia be given proper human rights training,
further that our government ratify the necessary treaties and make them a
reality in our country.<br>
<br>
Thank you.<br>
<br>
(Attached: Urgent Appeal from SUARAM re April 14 incident)<br>
<br>
-<br>
<br>
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