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The BurmaNet News:
April 12, 1997
Issue #692

SPECIAL EDITION- UN
COMMISSION ON HUMAN RIGHTS

HEADLINES:
==========

THAILAND/BURMA AT THE UN
COMMISSION ON HUMAN
UN HUMAN RIGHTS BRIEFING -
ALTSEAN-BURMA PAPER
UN HUMAN RIGHTS BRIEFING -
REFUGEE UPDATE
WORLDVIEW INTERNATIONAL
FOUNDATION
DR SEIN WIN TO COMMISSION ON
HUMAN RIGHTS

**********************************************



































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THAILAND/BURMA AT THE UN
COMMISSION ON HUMAN RIGHTS
April 9, 1997
From: darnott@gn.apc.org

In the past, there has been little criticism
of Thailand at the Commission
on Human Rights. This year, however,
the Kingdom is beginning to reap the
fruits of her closer relationship with the
Burmese military, as the
international community is faced with
reports (denied in the Thai statement
below) of forced repatriation of Karen
refugees and failure by
the Thai army to provide them with
adequate protection against
cross-border attacks.

The first statement was made to the
Commission by War Resisters
International, in response to a Statement
(attached) by Thailand.
          .................................

WAR RESISTERS
INTERNATIONAL

Commission on Human Rights


53rd Session
Agenda item 10
9 April 1997

Burmese asylum-seekers at risk

Mr Chairman,

War Resisters International welcomes
Thailand's important statement of the
2nd of April to the Commission on
Human Rights, reaffirming that the
Kingdom
"will continue to adhere to its long-
standing value of providing safe refuge
and humanitarian assistance to All
fleeing unrest in neighbouring
countries". The significance of the
statement derives not only
from its content, but also from the fact
that it was made to a United
Nations body by an accredited
representative of the Royal Thai
Government.
The statement will help to clear up the
considerable confusion which has
existed over the past weeks about
Thailand's past actions and future
intentions regarding the Karen and
other ethnic groups who are seeking



































2 of 24

refuge in Thailand from the current
offensive and massive violations of
human rights by the Burmese army.
Reports from humanitarian
organisations,
other international observers and the
refugees themselves, but denied by the
Thai army, claim that some Karen
asylum-seekers have already been
subject to refoulement, including
rejection at the frontier. The confusion
about Thailand's future intentions has
arisen from what appear to be
contradictory statements by various
Thai military spokesmen (some of
which are attached to the written
version of this text). The asylum-seekers
as well as the international community
will certainly be reassured by this
definitive and authoritative statement
by the Royal Thai Government.

It is also reassuring to learn that
Thailand has "taken steps to move
Karen displaced persons to sites deeper
inside Thailand for better security". The
murderous and destructive armed
attacks by the Burmese military and
their agents on the refugee camps just
inside Thailand has been a source of


great anxiety to their residents as well as
to relief agencies, international
organisations and Thai citizens living in
the area. Such steps are in
conformity with Thailand's ancient
Buddhist culture of hospitality, of being
Kalyanamitra -- good friends -- which
Gautama Buddha prescribes as essential
to the Way of Awakening. Indeed, there
are few cultures in the world which
do not place a high value on hospitality
and the protection of those in
danger. These values are also reflected
in the international human rights
instruments, for instance the
International Covenant on Civil and
Political
Rights, to which Thailand recently
acceded. The right to security of person
referred to in Article 9 has been
interpreted by the Human Rights
Committee
as requiring States to protect asylum-
seekers from cross-border attacks,
while Article 2 requires the State party
"to respect and to ensure
the rights recognised in the Covenant to
All individuals within its
territory and subject to its jurisdiction".



































3 of 24

The Thai statement informs the
Commission that "in the current
situation of
Karen civilians from Myanmar,
Thailand grants them permission for
temporary
stay". Thailand's culture of hospitality,
as well as her treaty obligations
and her respect for the jus cogens
prohibition of refoulement, including
rejection at the frontier, would preclude
closing the border to
asylum-seekers, or requiring them to
return to Burma until the situation
were truly safe.

It is abundantly clear that safety cannot
be guaranteed by a mere reduction
or cessation of the fighting. The
Convention Against Torture, in Article
3,
which deals with non- refoulement,
requires the State party to take into
account "the existence of a consistent
pattern of gross, flagrant or mass
violations of human rights" in assessing
whether return to another State is
safe, a pattern affirmed by All the UN
human rights resolutions and reports
on Myanmar. The Karen and Karenni


seeking refuge in Thailand would be
especially vulnerable to persecution if
they were returned to Burma, since
the Burmese military, rightly or
wrongly, sees them as family members
or
supporters of resistance groups, which
have been in a state of hostilities
with Rangoon for up to fifty years.
Given the abysmal human rights record
of
the Burmese military, any such
returnees would therefore be at risk
until
a genuine peace settlement had been
consolidated.

We stress a GENUINE peace settlement
which addresses the political concerns
of the Karen and other groups, since
cease-fires by themselves not prevent
persecution. For instance, the military
junta, the State Law and Order
Restoration Council, or SLORC,
maintains that it has a cease-fire with
the
Karenni, and yet over the past year over
half the population of Karenni has
been subject to forced relocation, forced
labour, and other massive



































4 of 24

violations of human rights. The same
applies in Shan State, where the
figures are even higher.

In conclusion, Mr Chairman,

We recommend:

1) to the Commission, that in its
resolution on the Situation of human
rights in Myanmar, it emphasise that
until the Government has concluded
and
consolidated a genuine peace settlement
with the Karen National Union and
other ethnic nationalities (and it is
probable that only a popular
civilian government will be capable of
this task), Burma will remain
extremely dangerous to any returnees
from Thailand;

2) to the international community , that
it provide further assistance to
Thailand in order to share the burden of
the large-scale influx of Burmese
into Thailand;

3) to Thailand, that the Royal Thai
Government continue to extend its


hospitality and protection to the
Burmese seeking refuge in Thailand;

4) to SLORC , that it recognise that
national reconciliation and economic
prosperity cannot be achieved by force,
that only a government with a high
degree of popular support and
participation can achieve these goals,
and
that it therefore honour its commitment
to transfer power to the victors in
the 1990 elections.

Thank you, Mr Chairman
  .........................................................

STATEMENT IN THE EXERCISE OF
THE RIGHT TO REPLY BY THE
DELEGATION OF THAILAND
  TO
THE 53RD SESSION OF CHR*

Mr Chairman,

I take the floor today to exercise the
right to reply in order to clear up
certain misunderstandings of the
representative of Fimarc, an NGO, in his
statement yesterday (1 April 1997)
concerning the policy of Thailand



































5 of 24

towards the Karen displaced persons
from Myanmar.

Thailand acknowledges the concern of
the international community over the
situation along the Thai-Myanmar
border, as well as the need for
protection of Karen displaced persons
fleeing the fighting in Myanmar. We
wish to reassure that the Royal Thai
Government had been taking steps to
address the plight of the Karen
displaced persons long before the above
concern was raised. International aid
agencies and relief workers have also
been granted access to provide food and
shelter for them at safe sites in
Thailand for decades.

The recent incident along the Thai-
Myanmar border is not new to Thailand.
Throughout the past decades, Thailand
has, based on its deeply rooted value
instilled in every Thai individual,
provided considerate and generous
hospitality to everyone fleeing unrest
from neighboring countries. At the
height of the Cold War, more than half a
million of Lao, Cambodian and
Vietnamese displaced persons found


their safe refuge on Thai soil. A decade
thereafter, there remain almost a million
people from Myanmar living in
Thailand as illegal migrants and
displaced persons, posing enormous
social, economic and security burden on
Thailand.

In spite of the above, Thailand will
continue to adhere to its long-standing
value of providing safe refuge and
humanitarian assistance to All fleeing
unrest from neighboring countries. With
regard to persons fleeing the
fighting in Myanmar, the following
policies have been adopted:

- Thailand stands firm in her support for
peaceful resolution of ethnic
conflicts in Myanmar.

- In the current situation of outflow of
Karen civilians from Myanmar,
Thailand grants them permission for
temporary stay and allows a number of
non-governmental organisations
(NGOs) to assist them in the provision
of necessities such as food, medication,
medical services, education, etc.
Furthermore, the Thai Government has



































6 of 24

taken steps to move Karen displaced
persons to sites deeper inside Thailand
for better security.

Indeed, as recently as 25 March 1997, we
have received a letter from the
UNHCR Regional Representative in
Bangkok, expressing the appreciation of
the UNHCR for the actions taken by the
Thai authorities in the following words
and I quote "UNHCR is well aware of
the difficulty in coping with arrivals
of large numbers of asylum seekers. We
understand that the Thai Government
and NGO staff are working to upgrade
sanitary conditions in these
encampments and this too is
commendable. Please extend
to the responsible officials in the field,
both military and civilian,
UNHCR's appreciation for their actions
that conform with the Royal Thai
Government's stated policy of granting
temporary refuge to persons fleeing
conflict in Myanmar."

Permanent Mission of Thailand
2 April 1997

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


* The above statement by Thailand was
delivered in Geneva to the Commission
on Human Rights on 2 April 1997. The
NGO statement which inspired the
reply was made by Fimarc
(International Federation of Rural Adult
Catholic Movements) under the agenda
item dealing with Indigenous Issues.
The section of the Fimarc statement
referred to by the Thai delegate was the
following:

" In Asia, indigenous peoples are the
most impoverished, marginalised and
oppressed sector of society. In most
Asian countries, indigenous peoples are
struggling to reclaim their lands, their
culture and their identity. But
such struggles are often repressed by
governmental forces. Alarming news of
serious violations of human rights is
coming out of Burma. The Karen living
in that country are often suppressed and
killed by Burmese troops. Refugees
living in the most appalling situation in
Thailand are forced to return to
Burma into a very dangerous situation.
About 5,000 Karen refugees were
recently returned forcibly from



































7 of 24

Thailand, according to a
document distributed by Associated
Press". (unofficial translation from the
French)

*****************************

UN HUMAN RIGHTS BRIEFING -
ALTSEAN-BURMA PAPER
April 8, 1997
From: darnott@iprolink.ch (David
Arnott)

"CONSTRUCTIVE ENGAGEMENT" -
AN ALTERNATIVE VIEW
Presented by Debbie Stothard,
Coordinator, ALTSEAN-BURMA
(Alternative ASEAN Network on
Burma)

FOR THE BRIEFING ON HUMAN
RIGHTS IN BURMA
UN HUMAN RIGHTS
COMMISSION, GENEVA
APRIL 8, 1997

That I am here to represent of a network
of over 200 ASEAN-based
organisations and individuals is an
indication of the growing concern and


indeed, outrage, at the apparent
acceptance by our governments of the
deteriorating human rights situation in
Burma.

For many years now, a significant
number of citizens from this region have
opposed the policy adopted by member
governments of the Association of
South-East Asian Nations (ASEAN).
This policy known as "constructive
engagement" has been opposed because
it has proven to be the exact opposite
of its title.

Under the guise of "constructive
engagement", ASEAN and its member
states have established their position as
one of the few public allies of Burma's
military regime, the State Law and
Order Restoration Council (Slorc). The
rapid increase of business ventures
involving organizations with links to
ASEAN governments would imply that
our leaders seem to have mistaken
"constructive" for "construction".
Perhaps we should be more honest and
acknowledge that "constructive
engagement" does not exist, "business
engagement" does.



































8 of 24

In July, Burma's military regime gained
observer status with ASEAN and was
assured that Slorc membership for
ASEAN would be imminent. This, and
other developments indicate that the
only party dictating the conditions of
"engagement" are the Slorc.
"Constructive engagement" has helped
worsen the crisis in Burma and from the
behavior of some governments in this
region, brought about a "Slorcisation" of
ASEAN.

Thus, the claims and pronouncements
made by the proponents of "constructive
engagement" are sounding increasingly
hollow:

MYTH # 1: "CONSTRUCTIVE
ENGAGEMENT" HAS WORKED TO
OPEN UP THE COUNTRY

"Constructive engagement" has only
helped the Slorc's campaign project to
indiscriminately exploit the country's
resources in the same way it has
attacked the peoples of Burma. It has
helped in the creation of jobs which
pay wages in the way of displacement,


misery, death and fear.

The opening up of Burma's economy
has not improved the well-being of the
majority of its citizens. Hunger and
deprivation continues to exist on a
large scale.

Amnesty International reported that
1996 has been the worse year on record
for human rights abuses in Burma.
Detentions, arrests, and violence by the
Slorc has escalated. The Slorc seem to
have been encouraged by their closer
relationship with ASEAN to increase
their oppression against the peoples of
Burma.

The Slorc continues to divert most of the
country's earnings to the military
and other structures which help the
military survive.

As a result even the most basic needs of
civilians are not being met. The
health system or lack of public health
system continues to allow the
HIV/AIDS epidemic to continue
unabated.



































9 of 24

Literacy rates have plummeted -
increasing numbers of children are
being
deprived of their access to education.

The Slorc continues it attacks military,
and otherwise, on supporters of
democracy and ethnic nationality
groups. The current offensive against
Karen people is one of the worst in
recent years, and the objective seems to
be to wipe out the Karen people, not just
the Karen National Union.

ASEAN cannot claim ignorance of this
ongoing crises, yet it has persisted in
giving tacit endorsement to the Slorc
throughout this time.

If ASEAN member states were truly
concerned with "opening up" the
country,
they would be building hospitals and
schools, instead of hotels and shopping
malls. They would not be involved in
projects which result in forced
relocations and the use of slave labor.

Myth # 2: THOSE OBSTRUCTING
THE ENTRY OF MYANMAR ARE


FOREIGN NATIONS NOT IN
ASEAN
                                              The Alternative ASEAN Declaration on
                                                        Burma also calls upon the member
Absolutely not. The Alternative                   governments of ASEAN and the
ASEAN Declaration on Burma, which           international community to discard the
was                                                   policy
finalized in October has been endorsed           of "constructive engagement" which has
by 227 organisations and individuals             brought untold injustice and
from existing ASEAN member states,             suffering upon the peoples of Burma.
including 16 Members of Parliament
and                                                   It is extremely ironic that ASEAN
several former Members of Parliament.           activists are being lumped in with
                                                        "western governments" on the issue of
The Alternative ASEAN Declaration on         Slorc's membership of ASEAN. It is a
Burma opposes ASEAN membership for         poor reflection on ASEAN member
the                                                     states that they have failed took take the
Slorc on the grounds that:                         initiative on Burma and instead resort to
                                                        irrational and sometimes
*       The SLORC is not the legitimate           contradictory statements to justify their
government of that country                       lack of vision on this matter.

*       ASEAN membership would               Myth # 3: IT IS AN INTERNAL
provide the SLORC with a de facto               AFFAIR
license to
continue its attacks on the peoples of             The usual line trundled out when all
Burma, and                                           else fails. Sometimes used in tandem
                                                        with "it is up to the people to decide
*       The SLORC's activities are a               their fate". This is a pronouncement
direct contradiction to the aims and               verging on obscene, when it is obvious
objectives of ASEAN                               that the people of Burma DID decided

10 of 24

their fate in May 1990. Despite pressure         Slorc military have committed
and obstructions by the SLORC,                   murder, abductions, robberies, assault
they voted overwhelmingly for the               and property damage in neighboring
National League for Democracy, led             countries. It has shown a blatant
under                                                 disregard for the sovereignty and
Daw Aung San Suu Kyi, who was under         security.
house arrest at the time. The NLD won
82% of the seats and more significantly,         The unabating HIV/AIDS epidemic in
over 90% of the vote - a fantasy                   Burma, helped by the Slorc's
for most politicians in the free world.             irresponsibility in not providing
                                                        adequate public health services
What ASEAN is doing is in fact,                   (awareness, prevention and care
meddling in the internal affairs of                 programs) not to forget its apparent
Burma,                                               direct
by giving legitimacy to a clearly                   involvement in the production of drugs,
illegitimate regime, while relegating             poses a long-term security threat to
human rights violations, which are the           this region. The human and economic
concern of all human beings, to the               cost to Burma and the rest of the
confines of a "domestic" matter.                   region should be a cause for great
                                                        concern to us all.
MYTH #4: IT IS IN THE INTERESTS
OF REGIONAL SECURITY
                      MYTH # 5: IF NOT FOR THE SLORC,
                                                        BURMA WOULD COLLAPSE INTO
It would appear that the threat to                 ETHNIC CONFLICTS
regional security and stability is the
Slorc itself. It has persisted in violating         A line often used by our leaders to
the borders of its neighbours,                     introduce some humor into the debate.
and on several documented instances,           The Slorc has the main responsibility for
crossed borders to pursue and attack             ethnic conflicts and tensions
the security forces of another country.           taking place in Burma. It has been in its

11 of 24

interest to perpetuate a                             one that will continually collapse
situation of "divide and rule".                     into armed conflict, death and refugees.
                                                        The growing cooperation between
The attacks on ethnic nationality groups,         Suu Kyi and ethnic nationality leaders
including the current offensive                   offers the only peaceful alternative
against the Karen people, are not being           to this situation.
perpetuated by the NLD. It is the
Slorc which is committing murder, rape,         MYTH # 6: ASEAN IS A TRADING
looting, abductions and torture                   BLOC, THEREFORE "POLITICS" IS
against ethnic groups. It is the Slorc             NOT ITS CONCERN
which is denying ethnic people
access to their civil, political, economic,           If this is the case, ASEAN would not
social and cultural rights.                           have involved itself in efforts to
                                                        resolve the crisis in Cambodia or the
The hope for harmony lies in a                     conflict in Mindanao. The ASEAN
government committed to justice,                 charter does make reference to the
human rights                                         well-being of the people of the region,
and democracy. This is why ethnic               as well as the matter of regional
groups are increasingly making their             stability.
support for the democracy movement
led by Aung San Suu Kyi known.                 ASEAN does involve itself in matters
                                                        "political" because it realizes that
The Mae Tha Raw Hta Statement, made         trade and investment is dependent on
by ethnic nationality leaders at a                 political stability. What it needs to
conference in January, calls for tripartite         recognize is that political stability is
dialogue and expresses support                   based on justice and respect for
for the democracy movement led by             human rights. Political stability is not a
Aung San Suu Kyi. The "stability"               matter of forceful containment
molded                                               of dissent.
by Slorc military force and coercion is

12 of 24

MYTH #7: SLORC WILL BE
POSITIVELY INFLUENCED
THROUGH ITS EXPOSURE TO
ASEAN
STATES

I reiterate that the growing links
between Slorc and ASEAN have only
brought
about a Slorcisation of ASEAN.

The strategies and rhetoric used in
recent times by some member states of
ASEAN to suppress open dialogue in
their own countries seem to echo those
used by the Slorc, i.e. such choice
phrases as "crush destructive elements",
" puppets of Western masters",
"Communist threat" and so on.

There have also been instances where
government-organized groups have
been
used to commit violence in the style of
the Union Solidarity and Development
Association. In addition, government
responses to the consequences of
SLORC
aggression in their countries seem to
imply an active cooperation to stamp

out political diversity.

        MYTH # 8: BURMA IS A "WESTERN"
        AGENDA

        This implies that Asians or "Easterners"
        somehow endorse murder,
        assassination, rape, child abuse, slave
        labor, violence and war.

        I do not view the so-called Western
        approach as being entirely altruistic.
        However, frivolous and insulting
        statements such as those made by the
        Singapore Foreign Minister about the
        "Asian way" do nothing to improve the
        situation. The Foreign Minister
        concerned said at the ASEAN-EU
        Meeting in
        Singapore that ASEAN would not seek
        that Slorc meet certain conditions prior
        to gaining membership. He said that no
        such negotiations was needed -
        according to the "Asian way", bride is
        expected to adjust to the groom after
        marriage. This statement is both
        offensive to Asian women and
        misleading -
        it is doubtful that Slorc sees itself as the
        stereotypical "blushing bride".

13 of 24


One of the characteristics of the so-
called "Asian" way is the emphasis on
dialogue and negotiation. This is
precisely what Burma's democracy
movement
and the ethnic nationality groups are
calling for, and this is what the
Alternative ASEAN Network on Burma
supports. Why then, is ASEAN being
an
obstacle to this urgently needed
process?

MYTH # 9: SANCTIONS HURT THE
WRONG PEOPLE

This was recently stated by Malaysian
Prime Minister Dato Dr Mahathir
Mohamad. He asserted that sanctions
did not work and hurt the wrong
people.
Why then did Malaysia, under Dr
Mahathir's leadership, stand so strong
on
sanctions against the apartheid regime
in South Africa? Why didn't Malaysia
"constructively engage" with Israel to
support Palestinian self-determination?

        MYTH # 10: "CONSTRUCTIVE
        ENGAGEMENT" IS THE ONLY
        ALTERNATIVE TO ISOLATIONISM

        It has been in the interests of ASEAN
        member states to push the line of
        "either/or". Many activists do not
        oppose "constructive engagement", if
        only it did just that. Engaging and in
        this case, complicity with the
        perpetrator of widespread violations
        and brutality, is far from
        constructive. Neither is isolating the
        legitimately elected government of a
        country.

        The term "constructive engagement" has
        to be discarded because it been so
        abused and perverted from its original
        intent. ASEAN needs to have the
        courage to replace it with a policy which
        will contribute to positive change
        in Burma. ASEAN has so far, failed to
        use its influence gained through
        engaging with the Slorc to effect any
        significant advances for the peoples
        of Burma. It has instead gained
        international and domestic
        embarrassment
        for its member states. One would

14 of 24


conclude, from the rampant abuses by
the                                                     *******************************
Slorc in the past year, that even that
regime views "constructive
                        UN HUMAN RIGHTS BRIEFING -
engagement" with contempt.                       REFUGEE UPDATE
                                                        April 8, 1997
The first step in this process is to                 From: darnott@iprolink.ch (David
facilitate tripartite dialogue between             Arnott)
the Slorc, the democracy forces led by
Suu Kyi, and the ethnic                             The following is an update circulated at
nationalities. ASEAN should be taking         the Briefing on Human Rights in
the lead in providing strong                       Burma, at the UN Human Rights
encouragement to the Slorc to agree to           Commission in Geneva.
this process. The National
Convention is an inadequate arena for           SLORC Offensives and Forced
such dialogue, particularly since the             Relocations Lead to Human Rights
non-Slorc key players have been                   Crisis on the
maneuvered out of the process. If                 Thai/Burmese Border
ASEAN                                               April 8, 1997
fails to take this up, it is conceding
international leadership on this                   A humanitarian and human rights crisis
issue to its Northern (or Western)                 now exists along the hai/Burmese
counterparts.                                         border. In an attempt to solidify its hold
                                                        over the civilian population and
It is up to ASEAN's leadership to realize         territory, the ruling Burmese military
that unconditional support for the                 regime, the State Law and Order
Slorc motivated by investment interests         Restoration Council (SLORC), launched
will not just hurt the peoples of                   a major offensive against the Karen
Burma - the long-term costs will hurt us         National Union (KNU) and the civilian
and our governments.                               populations in the region in February

15 of 24

1997. Similiarly, SLORC is also                   "illegal economic migrants" though most
continuing its massive forced relocation         have fled because of the massive
campaigns in Karenni and Shan areas.           forced relocation and forced labor
In all these areas (see map on reverse             campaigns in Burma. This brings the
side), systematic human rights abuses           total number of dislocated Burmese
prevail, including summary executions,         people inside Thailand to at least
torture, rape, arbitrary detention, forced         450,000 people. Added to those who
porterage and forced labor, and                   have been able to reach Thailand--who
the burning and looting of villages.               are the fortunate ones--are the hundreds
                                                        of thousands of internally
Because of the SLORC campaigns and           displaced persons inside Burma. It is
the resulting human rights abuses,               estimated that for every person that
hundreds of thousands of people have           has reached Thailand, there is at least
been forced to live in relocations                 one still inside Burma who would
sites, are internally diplaced or, if they           flee if they were able. SLORC now
are fortunate, have fled to                         controls almost the entire border with
Thailand. Exact numbers are difficult to         Thailand and has blocked the
nail down, but estimates can be                   evacuation routes of thousands who
made. There are now 120,000 people             wish to
living in refugee camps just inside the           flee. Thousands of villagers are still
Thai border; 20,000 people have arrived         scattered in the jungles along the
in the past two months because of                 border with inadequate food and water
the offensive against the KNU. In                 supplies, poor shelter and no access
addition, approximately 40,000 Shan             to medicine. Thousands of others have
people have reached Thailand fleeing           given up trying to reach Thailand and
the forced relocations, but they have             have gone to the ordered forced
not been permitted to establish refugee           relocations sites which have similiarly
camps. Another 300,000 Burmese from           poor conditions.
various ethnic groups have also come to
Thailand and have been labelled                 Adding insult to injury, SLORC and

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SLORC-supported forces now terrorize
the                                                     This crisis along the Thai/Burmese
refugees just inside the Thai border--             border calls for international
threatening to burn down their homes           humanitarian assistance to help those in
and force them to return to Burma.               need of immediate food and
Indeed, in January, two refugee camps           supplies. In addition, the security of the
were burnt to the ground, leaving more         refugees should be improved by
than 10,000 people homeless. Several             moving the camps further inside
other camps have been attacked this             Thailand. Finally, the international
year as well, leaving the refugees all             community should do all it can to
along the border frightened and                   pressure the SLORC regime to stop its
vulnerable.                                           campaign of force against its own
                                                        civilian populations and the political
Making the situation worse has been the         opposition groups in the country.
change in Thai policy toward these
refugees. In the area around                       **************************************
Kanchanaburi and Ratchaburi, the Thai
9th Army
                                            WORLDVIEW INTERNATIONAL
Division has forcibly repatriated several         FOUNDATION
groups of refugees on a few                       April 10, 1997
occasions, including forcing boys as             From: darnott@gn.apc.org
young as ten years old back into an
active war zone. These repatriations             United Nations Commission on Human
and the recent announcement by the             Rights
Thai National Security Council that all           Agenda Item (10)
the refugees will be sent back to                   Oral Intervention of David Taw*
Burma as soon as the situation is                 April 10, 1997
"peaceful and safe" has raised fears even
further among the refugees who have           Mr. Chairman.
already suffered enormously.

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A humanitarian and human rights crisis         but estimates can be made. There are
now exists along the Thai/Burmese               now 120,000 people living in refugee
border. In an attempt to solidify its hold         camps just inside the Thai border; 20,000
over the civilian population and                   people have arrived in the past
territory, the ruling Burmese military             two months because of the current
regime, SLORC the State Law and Order         offensive against the KNU. In addition,
Restoration Council, launched a major           approximately 40,000 Shan people have
offensive against the KNU Karen                 reached Thailand fleeing the forced
National Union and the civilian                   relocations, but they have not been
populations in the region in February             permitted to establish refugee camps.
1997.                                                   Another 300,000 Burmese from various
SLORC is also continuing its massive             ethnic groups have also come to
forced                                                 Thailand and have been labeled "illegal
relocation campaigns in Karenni and             economic migrants" though most have
Shan areas. In All these areas (see                 fled because of the massive forced
attached map), systematic human rights         relocation and forced labor campaigns
abuses prevail, including summary               of the Burmese army. The total number
executions, torture, rape, arbitrary               of dislocated Burmese inside Thailand is
detention, forced porterage and forced           at least 450,000 people. Added to those
labor, and the burning and looting of             who have been able to reach
villages.                                               Thailand--who are the lucky ones--are
                                                        the hundreds of thousands of
Because of the SLORC campaigns and           internally displaced persons inside
the resulting human rights abuses,               Burma near the border. It is estimated
hundreds of thousands of people have           that for every person that has reached
been forced to live in relocation                   Thailand, there is at least one still
sites, are internally displaced or, if they         inside Burma who would flee if they
are fortunate, have been able to                   were able.
flee and seek refuge in Thailand. Exact           SLORC now controls almost the entire
numbers are difficult to nail down,               border with Thailand and has blocked

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the evacuation routes of thousands who
wish to flee. Thousands of villagers
are still scattered in the jungles along
the border with inadequate food and
water supplies, poor shelter and no
access to medicine. Thousands of others
have given up trying to reach Thailand
and have gone
to the ordered forced relocations sites
which are just as bad.

In Shan state, the massive forced
relocation campaign continues which
started last year and effected at least
120,000 people. The Burmese army is
relocating new villages as well as doing
"secondary sweeps" in the previous
relocation areas to mop up any
remaining villagers who may be
scattered
in the forests and trying to avoid the
relocation sites. Areas outside
relocation sites are now free-fires zones,
and some villagers are shot on
sight; these are clear examples of
arbitrary and summary executions of
innocent civilians.

In Karenni state, another forced
relocation campaign, which affected at

        least 180 villages and began last year
        continues with similarly alarming
        human costs. Many abandoned villages
        have been burned --some completely--
        by
        the Burmese army, and land mines have
        been laid in others to prevent
        villagers from returning to their homes.
        Thousands remain scattered in the
        jungle, and unable to plant their crops,
        they face potential
        famine. Those who have gone to the
        relocation sites face appalling
        conditions; little or no food is provided,
        and water supplies are inadequate
        and normally dirty. Disease is rampant,
        and medicine is scarce or
        nonexistent. The relocation campaigns
        in both Shan and Karenni states are
        blatant violations of numerous rights of
        the Universal Declaration on Human
        Rights.

        The violations of human rights resulting
        from the offensive against the KNU
        and the Karen people are just as
        pervasive. Forced porterage, rape,
        torture, summary executions, arbitrary
        detentions, and the burning and
        looting of villages have All been

19 of 24


documented. With SLORC occupying
these
areas, forced relocations and massive
violations of human rights will
continue.

Adding insult to injury, SLORC and
SLORC-supported forces now terrorize
the
refugees just inside the Thai border --
threatening to burn down their homes
and force them to return to Burma. In
January, two refugee camps were burnt
to the ground, leaving more than 10,000
people homeless. Other camps have
been attacked this year as well, leaving
the refugees All along the border
frightened and vulnerable.

In light of this human rights crisis along
the Thai/Burmese border, we
recommend:

1) to the Commission, that its resolution
on the situation of human rights
in Burma emphasize the crisis along the
Thai/ Burmese border because of the
offensive against the Karen people and
the forced relocations in Karenni and
Shan states and other areas.

        2) to the international community, to
        continue its international
        humanitarian assistance to the border
        area to help those in need of
        immediate food and supplies, including
        medicine, and to work to improve the
        security of the refugees by moving the
        camps further inside Thailand.

        3) to Thailand, to continue its long
        tradition of humanitarian assistance
        and allowing those in danger to seek
        refuge in their country and not to
        repatriate any refugees until a genuine
        lasting political solution and peace
        is in place in Burma.

        4) and finally to SLORC, that it stop its
        campaign of force against the
        civilian population and the political
        opposition groups in Burma and join a
        tripartite dialogue with the democracy
        movement and ethnic nationalities to
        reach a national reconciliation.

Thank you.

        * Readers may be interested to know
        that during the delivery of this

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statement, His Excellency U Aye,                 representative of the 1990 general
Ambassador Extraordinary and                   election
Plenipotentiary, Permanent                       from the Paukkhaung constituency in
Representative of Myanmar to the               Burma. First of all, I am disappointed
United Nations                                       to know that the Special Rapporteur on
in Geneva, along with his deputy, rather         Burma has not been allowed to visit
conspicuously walked out.                         Burma to perform his mandate given by
                                                        the 52nd Session of the UN Commission
**********************************************         on Human Rights. SLORC's failure to
**                                                       comply with
                                                        the terms of successive UN resolutions
DR SEIN WIN TO COMMISSION ON           and its denial to allow the Special
HUMAN RIGHTS                                   Rapporteur and the Envoy of the UN
April 9, 1997                                         Secretary- General to visit Burma are
From: David Arnott                                 clear violations of articles 55 and 56 of
<darnott@igc.apc.org>                             the UN Charter in which member
                                                        states "pledge themselves to take joint
            INTERNATIONAL PEACE           and separate action" to "promote
BUREAU                                             universal respect for, and observance of,
                                                        human rights and fundamental
Commission on Human Rights                   freedoms for all."
53rd Session
Agenda Item (10)                                   At every UN session, SLORC authorities
                                                        appear to be very defensive about the
April 9, 1997                                         resolutions on Burma and the Special
                                                        Rapporteur's reports on the situation
        Oral Intervention made by Dr.           of human rights in our country. SLORC
Sein Win                                             mistakenly claims that the right of
                                                        non- interference in the internal affairs
I am Dr. Sein Win, an elected                     of a sovereign state is

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paramount to all other articles in the UN         express their will, SLORC has
Charter. In our view, national                     resorted to violent suppression,
sovereignty must descend from the               arbitrary arrests, unfair trials and harsh
people; sovereignty should not be used         prison sentences. While SLORC is able
as                                                     to reconcile with drug traffickers,
a veil to hide human rights abuses.               even trying to make them into respected
                                                        leaders of some ethnic groups and
Instead of cooperating with the UN,             legitimate businesses, democratically
improving the human rights situation           elected representatives are being
and                                                   treated like criminals.
opening the country to human rights
monitoring, SLORC has chosen a                 Since May, Daw Aung San Suu Kyi has
different                                               again been put under virtual house
path. Its total denial to all human rights         arrest. Her freedom of travel is severely
violations and its closed door                     restricted. SLORC has forbidden
policy to UN human rights monitoring           the weekend rallies in front of her home,
are not the acts of a responsible                   the only place she could
member of the UN that adheres to the           communicate directly with the people.
principles of the rule of                             Even worse, on November 9th of last
law.                                                   year, she was physically attacked by a
                                                        group of about 200 young men
The situation of human rights in Burma         from the Union Solidarity and
is moving from bad to worse. The               Development Association (USDA),
rights of the people, especially elected           a SLORC-organized youth group.
representatives and supporters of
the National League for Democracy, to           This is SLORC-orchestrated, state-
freely participate in the political                   sanctioned terrorism. We continue to be
process have been severely restricted by         seriously concerned about the personal
unjust laws and orders. In response               security of Daw Aung San Suu Kyi
to the efforts of the people to freely               because Win Sein, the Minister of

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Railways and Transportation, told               originally enacted to
members                                             limit the travels of ex-criminals.
of the USDA that Daw Aung San Suu
Kyi should be killed.                                 There are many other restrictions on
                                                        NLD activities. Many NLD branches
Now SLORC is also putting much               have been forced to take down their
more pressure on elected Members   of           party sign boards. Also, landlords have
Parliament (MPs) to resign from their             been forced not to rent office space for
posts. SLORC has ntimidated, harassed         the NLD. And when NLD members
and arrested many MPs and their                 want
families as well as used economic                 to meet, they must request permission
coercion                                               from the local authorities. Permission
to try to force their resignations.                   rarely follows.

In addition, under the restrictive                 The NLD also tried to organize a
measures imposed in the country,                 meeting of elected MPs and party
lawyers and medical doctors involved           members
in the democracy movement are finding         in May and again in September. In
it increasingly difficult to practice their           May, around 200 MPs and supporters
professions.                                           were
                                                        detained in intelligence buildings to
Restrictions have also been imposed on         prevent them from congregating in
the travel of NLD Mps and members.             Rangoon, and in September, around 600
They are confined to their respective             suffered the same fate. When student
townships unless they receive prior               demonstrations broke out in December,
permission from their local authorities           SLORC accused the NLD of inciting the
to leave. Some MPs who have                     demonstrations and arrested more NLD
traveled without permission have been           members. They released the majority,
arrested and sentenced under the 1961           but there remain approximately 100
Restrictions and Bond Act which was             members and 24 MPs in detention. We

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are greatly disturbed to see continued
cases of death in custody due to torture           In the light of the deteriorating
and lack of food and medical care.               situation in Burma, I would like to
Two elected Mps, Tin Maung Win from         recommend that the Commission:
the Khayan constituency and U Hla
Than                                                   1) extend the mandate of the Special
from the Coco Island constituency, have         Rapporteur for another year;
died in prison since 1990.                           and (2) pass a resolution on Burma that
                                                        reflects theappalling human rights
The purpose of arresting, torturing and         situation in Burma.
allowing MPs to die is to
undermine and nullify the 1990 election           Thank you.
results. Of the 392 elected NLD
MPs, 68 were disqualified by the                 *******************************
Election Commission for no valid
reason, 39
have been forced to resign, 24 remain in
detention and two have died in prison.

As the Special Rapporteur pointed out,
the lack of rights pertaining to
democratic governance is the root cause
of major violations of human rights
in Burma. The remedy for improving
the human rights situation is to have a
substantive triparte dialogue at the
earliest possible date among all
concerned parties. It is the will of the
Burmese people to seek national
reconciliation through dialogue.

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[CONVERTED BY MYRMIDON]