1. The European Union has been following events in Burma/Myanmar with careful attention and continuing concern. The Council has previously expressed its willingness to support a substantive process of national reconciliation, leading to the restoration of a democratic order and greater respect for human rights in Burma/Myanmar.
2.
The European Union shares the view of a number of international
partners that the best interests of the people of Burma/Myanmar continue to be
served in current circumstances by a balanced approach of carefully calibrated
sanctions towards those responsible for obstruction of reform and progress,
together with significant humanitarian support to ensure that the ordinary
people of Burma/Myanmar suffer as little as possible as a result of the
damaging policies of their government.
3. The Council welcomes positive developments that occurred after the last strengthening of sanctions imposed in April 2000 such as:
· The release from de facto house arrest of Daw Aung San Suu Kyi in May 2002 and the freedom of movement within the country enjoyed by the leader of the national league for democracy;
· The release from prison of a number of persons detained for political activities;
·
The visits to
· The continued cooperation with the international committee of the Red Cross and the slight improvement in the conditions of detention;
·
The recent visit by an Amnesty International delegation to
· The appointment of an ILO liaison officer;
·
The growing awareness of the government of the need to combat the
production of opium in
· The dissemination of human rights standards for public officials and some NGOs and ethnic groups through a series of human rights workshops, but stresses that such activities need to lead also to concrete efforts to improve the human rights situation on the ground.
4. At the same time the Council firmly states that these steps are by far not sufficient to address the economic, humanitarian and political problems that afflict the country. In particular the Council expresses its grave concern about:
· The ongoing serious violation of human rights, including civil, political, economic, social and cultural rights, of the people of Burma/Myanmar;
· The continued refusal of the government to enter into a genuine political dialogue with Daw Aung San Suu Kyi and other democratic leaders; the harassment and attempted intimidation of Daw Aung San Suu Kyi and opposition activists by the authorities of Myanmar, supported by the union solidarity development association (USDA);
· The practice of extrajudicial killings; reports of rapes and other forms of sexual violence persistently carried out by members of the armed forces; torture; renewed instances of political arrests and continuing detentions, including of prisoners whose sentences have expired: systematic use of child soldiers:
· The violations of human rights suffered particularly by persons belonging to ethnic minorities, women and children, especially in non-ceasefire areas;
· The situation of the large number of internally displaced persons and the flow of refugees to neighbouring countries;
·
The ever-increasing impact of the human immunodeficiency virus/ acquired
immunodeficiency syndrome (HIV/AIDS) on the population of Burma/Myanmar; and,
despite the beginning of an increased awareness, the still insufficient
response of the
5.
These continuing concerns have caused the Council to roll over the
existing sanctions for 12 months. The Council also agreed to extend the list of
persons subject to the visa ban and the freeze of assets, to further amend and strengthen
the arms embargo and to implement this decision on or before
6. The Council can find no credible reason to account for the failure of political will on behalf of the Burma/Myanmar authorities to agree to a definitive timetable for the return to democracy. Many of the essential elements required for a substantive process of national reconciliation, respect for human rights and democracy are in place. The ceasefires agreed with many of the ethnic insurgent groups have increased the stability of the country and the Council notes that other insurgent groups have indicated a willingness to enter into discussions aimed at ending the armed conflicts. The national league for democracy and other democratic groups continue to make clear their willingness to move forward in partnership with the authorities to tackle the economic, humanitarian and political problems.
5.
The European Union fully supports the attempt by the United
Nations Secretary-Generals' special envoy to
6.
The Council stressed its resolve to intensify contacts with EU
dialogue partners in
7. In pursuit of this approach, the EU will as a first step explain to the Burma/Myanmar authorities that if substantive progress is not made on the key issues of the national reconciliation process, namely the commencement of a substantive dialogue between the authorities, Daw Aung San Suu Kyi and the democratic movement, the release of political prisoners, complete freedom of action and movement for Daw Aung San Suu Kyi and a reduction of the violence and human rights violations in Burma/Myanmar, in particular in the ethnic minority areas, it will then implement on or before 29 October 2003 measures set out in the common position.
8. The measures would broaden and strengthen of the scope of the travel ban and asset freeze to include further members of the military regime, the military and security forces, the military regime's economic interests and other individuals, groups, undertakings or entities associated with the military regime who formulate, implement or benefit from policies that impede Burma/Myanmar's transition to democracy. At the time of implementing those measures, the European Union will also consider further targeted economic measures that may be appropriate, taking into account its desire not to take measures which impact on the poor in Burma/Myanmar.
9. The Council stressed the potential reversibility of existing provisions of the common position. The European Union would react with speed and goodwill to the irreversible commencement of a substantive process of democratic reform in Burma/Myanmar and clear commitment to address human rights concerns. In such a case, the European Union would be ready to re-evaluate the measures included in the Common Position. Such a process would make possible new and stronger links between Burma/Myanmar and the European Union. The European Union is willing to take forward dialogue and cooperation contributing to the opening or strengthening of any such process.
10. The Council reaffirmed its strong commitment to the territorial integrity of Burma/Myanmar and stressed the natural role that the armed forces will have to play in a future democracy in that country.
11. An exception to the ban on high-level visits will be made in the common position and a troika delegation will be sent to Burma/Myanmar at a political level on the condition that it will meet the appropriate leadership of the country. The troika's mission will be to explain the view of the European Union to all sectors of Burma/Myanmar society, including Senior General Than Shwe, the Senior Leadership of the State Peace and Development Council, Daw Aung San Suu Kyi and representatives of the ethnic minorities, on the necessity of early action to bring about substantive political, humanitarian and economic change.
12. The Council reaffirmed
its commitment to working with the United Nations and non-governmental
organisations to help address the humanitarian needs of the people of
13. European Union humanitarian assistance is not conditional on the political situation. It will continue to be based on identified needs and the availability of suitable mechanisms for ensuring that it reaches the most vulnerable part of the population in a transparent and accountable manner, in collaboration with all interested parties, including the NLD. European Union assistance is currently provided for a broad range of programmes including: Child Immunisation, Basic Education, Water and Sanitation, Reducing Drug Production, Support for Refugees and Internally Displaced People, and for the Protection Work of the International Committee of the Red Cross. A particular effort is currently being made to halt the spread of HIV/AIDS in Burma/Myanmar, with significant funding being provided for the joint plan of action for HIV/AIDS in Burma/Myanmar that is co-ordinated by the United Nations and for related programmes being implemented by non-governmental organisations.
14. The Council also
reaffirmed its firm commitment to supporting the efforts of the International
Labour Organisation to bring about the permanent elimination of the use of
forced labour in
15. The European Union will continually assess whether action is taken to address political and human rights concerns as well as economic reform. In particular the European Union will assess the extent of humanitarian access given to non-governmental organisations and the United Nations; progress with the release of political prisoners, especially the elderly and the sick; continued and improved cooperation with the United Nations Secretary General's special envoy, the United Nations special rapporteur for human rights in Burma, and the International Labour Organisation; substantive political dialogue with Daw Aung San Suu Kyi and representatives of the other democratic groups.
16. The situation will be
kept under close and continual review. The Council stands ready to respond
quickly and proportionately to developments in Burma/Myanmar be they positive
or negative.