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The BurmaNet News:
April 13, 1997
Issue #693

SPECIAL EDITION- UN
COMMISSION ON HUMAN RIGHTS
Part II

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

SPECIAL RAPPORTEUR TO
COMMISSION ON HUMAN RIGHTS
SLORC RESPONSE TO SPECIAL
RAPPORTEUR
SLORC ATTACKS KNU AT
COMMISSION
UN HUMAN RIGHTS BRIEFING -
DAVID TAW'S PAPER

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SPECIAL RAPPORTEUR TO
COMMISSION ON HUMAN RIGHTS
April 9, 1997
From: darnott@gn.apc.org

STATEMENT MADE BY JUDGE
RAJSOOMER LALLAH
SPECIAL RAPPORTEUR OF THE
COMMISSION ON HUMAN RIGHTS
ON
THE SITUATION OF HUMAN RIGHTS
IN MYANMAR TO
THE FIFTY-THIRD SESSION OF THE
COMMISSION ON HUMAN RIGHTS

9 APRIL 1997

Mr. Chairman,

  In June 1996, I was appointed by
your predecessor, Ambassador Saboia,
as the Special Rapporteur on the
situation of human rights in Myanmar.
This
position was created in 1992 by this
Commission in accordance with
resolution 1992/58. The mandate
required me to establish direct contact
with

the Government and people of
Myanmar, with a view to submitting
reports to the General Assembly and the
Commission. That mandate has since
been periodically renewed. Mr. Yozo
Yokota preceded me in this task. I wish
to pay tribute to the competence with
which he discharged his mandate. I
derived much assistance from his work.

Mr. Chairman,

  On assuming my mandate, I tried to
identify the priority concerns of
the international community with
regard to the situation of human rights
in
Myanmar. These concerns are referred
to in the resolutions which the various
competent organs of the United Nations
have adopted over the past six years
but more particularly in the General
Assembly resolution 51/117 and
Commission resolution 1996/80, which
were the most recently adopted. These
concerns may be summarized as
follows:

  a. the electoral process initiated in
Myanmar by the general




































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elections of 27 May 1990 has yet to reach
its conclusion and the Government
still has not implemented its
commitments to take All necessary steps
towards the establishment of a
democratic order in the light of those
elections;

  b. many political leaders, in
particular elected representatives,
remain deprived of their liberty;

  c. violations of human rights remain
extremely serious, including, in
particular, the practice of torture,
summary and arbitrary executions,
forced labor, including forced portering
for the military, abuse of women,
politically motivated arrests and
detention, forced displacement, serious
restrictions on the freedoms of
expression and association, and the
imposition of oppressive measures
directed, in particular, at ethnic and
religious minority groups;

  d. the continuing fighting with
ethnic and other political groups,
despite the conclusion of cease-fire
agreements, together with the

continuing violations of human rights
has resulted in flows of refugees to
neighboring countries.

Mr. Chairman,

  In October 1996, I submitted an
interim report to the General-Assembly
commenting upon the institutional
framework of Myanmar and its adverse
impact on rights to personal security
and due process of law, the freedoms
of opinion, expression and movement
and the requirement that the will of
the people be the basis of authority in
the State. Two months ago, I
submitted my report to your
Commission. I have included more
specific
information relating mainly to the
situation in the border areas between
Myanmar and Thailand. This most
recent information has come to me
directly
through my visit to Thailand. There I
received testimonies from among the
thousands of newly displaced persons
who fled Myanmar in the
summer of 1996. The testimony
corroborated earlier reports I had




































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received.
While both reports are at the disposal of
All delegations, I wish to draw
attention to certain specific issues.

Mr. Chairman,

  Since my appointment in June 1996
and, despite the requests expressed
in the resolutions of the General
Assembly and this Commission that I
have
direct access to the Government and
people of Myanmar, I have yet to be
allowed by the Government of
Myanmar to see the situation on the
ground.
Following my appointment, I have
written on 3 separate occasions to the
Government of Myanmar seeking their
cooperation and requesting their
authorization to visit the country in the
discharge of my mandate so as to
reflect the situation in Myanmar as
comprehensively as possible. My
efforts have so far failed. There has been
no response to my letters.
However, in his statement to the Third
Committee of the GA in November
1996,

the Permanent Representative of
Myanmar did indicate that a visit would
be
possible at an appropriate and mutually
convenient time. Although I have
remained ready to undertake such a
visit, I have so far had no favorable
communication from the Government.

Mr. Chairman,

  I feel bound to record my regret that
the Government of Myanmar would
appear to adopt an attitude of non-
cooperation. Clearly, the refusal of the
Government of Myanmar to allow me as
Special Rapporteur to visit the country
considerably complicates the task I have
set myself as Rapporteur to
ascertain and report on the human
rights situation in Myanmar. The
absence
of a response to my letters is, in the
circumstances, regrettable because it
has not rendered possible the
engagement of a constructive dialogue
in the
light of the analysis which I have made
of the present situation, the
current laws and practices, and the




































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developments described in my reports
and
which manifestly have an unfavorable
impact on human rights in Myanmar. I
greatly hope, however, that the
Government of Myanmar will cooperate
and
engage in such a dialogue in response to
the concerns of the international
community, as expressed in the
resolutions so far adopted by the
General-Assembly and the Commission
on Human Rights.

Mr. Chairman,

  Although I have not been able to visit
Myanmar itself, I have gathered
much information which I considered
reliable from a number of sources: these
sources have included governmental,
inter-governmental and non-
governmental
sources, including individuals who
either have recently left Myanmar or
else
had relevant information about the
situation in Myanmar.
Further, in my continuing effort to
obtain the most accurate and up-to-date

information on the situation in
Myanmar, I visited Thailand in
December 1996
to assess the situation of the recently
displaced who had fled from Myanmar
to the refugee camps along the Thai-
Myanmar border. I wish in this regard
to
thank warmly the Government of
Thailand for authorizing me to visit the
border areas.

Mr. Chairman,

  I wish to draw special attention to the
fate of persons belonging to
the ethnic minorities living in the border
areas. Displacement has become a
way of life for many of them. For the
past 30 years, Karen, Mon, Karenni and
Shan have had to flee their homes and
lands in order to avoid conscription
into compulsory labor for the military,
in particular portering or for
development projects. I must also
mention frequent violent attacks against
persons and property, which have often
resulted to forced displacement. As a
result, family units and communities are
invariably destroyed and the




































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displaced lose their natural and cultural
environment if not their lives. In
addition to All these developments,
which cause serious
consequences and social problems for
the population living in that area,
military operations have recently been
undertaken by the military in the
Karen State and artillery bombardments
are reported to have caused damage
not only to property but also to human
suffering and loss of life. Reports
from refugees who have been coming
out of the border area describe in
horrifying detail the situation in the
Karen State and it is feared that
there is little hope for improvement of
the situation in the near future.

Mr. Chairman,

  I now come to the politico-legal
system in Myanmar. The present legal
and institutional framework through
which legislative, executive and
judicial powers continue to be exercised
in Myanmar is not in conformity
with established international norms
governing human rights. These norms
require that the authority of government

should be based on the will of the
people and that this will shall be
expressed in genuine elections in which
everyone is entitled to participate either
directly or through freely chosen
representatives. More than 6 years have
now passed since the will of the
people in Myanmar was freely
expressed in general elections in 1990.
That will continues to be frustrated. The
National Convention established by the
Authorities since 1993 to devise
principles to govern a new constitution
has been afflicted by criticisms of
unrepresentativeness and of
procedures obstructing meaningful
debate. There is no indication as to
when its proceedings will end.

Mr. Chairman,

  In the meantime the suppression of
the exercise of civil and political
rights is reported to attain new heights.
A panoply of laws continues to be
used to criminalise and punish the very
exercise of civil and political
rights. There are still frequent
allegations of the arbitrary killings of
civilians and insurgents by members of




































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the armed forces. Acts of torture or
other cruel or inhuman treatment are
frequently reported to continue to
occur, especially in the case of the
large-scale displacement of persons
belonging to ethnic minorities. Due
process of law continues to be flouted.
In particular, the National Democratic
League (NLD) and its leadership are
reported to be the constant subject of
harassment and oppression to the
extent that the NLD found it necessary
to write to the authorities to
highlight specific instances of arrests,
harassment and other unjustified
action by officials. On the other hand,
peaceful protests by students are
reported to have been met by the
closure of the universities, thus putting
in jeopardy the education of a
generation of the youth of the
community.

Mr. Chairman,

  In conclusion, I have to say with
profound regret, at this time, that
there has been no change in the
situation of human rights in Myanmar
in the past year and that there is still no

concrete sign of improvement. It is
clearly not sufficient to point out and
dwell upon systematic violations of
human rights. Constructive measures
are called for. It seems to me that
the absence of respect for the rights
pertaining to democratic governance as
expressed in the elections of 1990 by the
people is at the root of All the
major violations of human rights in
Myanmar. Clearly the establishment of
a democratic order in itself would create
the most secure basis to remedy the
situation and further to create the
proper infrastructure for the protection
and enjoyment of human rights. To this
end a new process would be required
to be engaged by the authorities of
Myanmar. Recommendations in this
regard are contained in paragraph 64, in
Chapter III F and Chapter IV B of the
Report.

  Thank you, Mr. Chairman.

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

SLORC RESPONSE TO SPECIAL
RAPPORTEUR
April 9, 1997




































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From: darnott@gn.apc.org

The following statement was made on 9
April 1997, following the oral
statement of the Special Rapporteur on
Myanmar to the Commission on Human
Rights. The Special Rapporteur's report,
E/CN.4/1997/64, was posted on this
conference on 22 March 1997.

INTERVENTION BY AMBASSADOR U
AYE, LEADER OF THE MYANMAR
DELEGATION UNDER ITEM 10

Mr Chairman,

  I would like to respond to the report
contained in document No
E/CN.4/1997/64 just tabled, claiming
to show the situation of human rights
in the Union of Myanmar.

  Limitation of time constrains me
from elaborating on each allegation in
detail. For this reason, my delegation
has undertaken to circulate, for the
official records of this Commission
documents Nos. E/CN.4/1997/123 and
E/CN.4/1997/124 in response to Mr.
Lallah's report and an earlier one

mentioned therein; to highlight the
inaccuracies contained in them, and also
to present the situation of human rights
in Myanmar in its true perspective.

  But even a superficial glance at Mr
Lallah's reports reveal that they
are essentially political statements, in
the guise of legal arguments,
intended to exert unwarranted pressure
to influence the outcome of events
that must necessarily be decided by the
inhabitants of my country and not by
outsiders.

Mr Chairman,

  The report just tabled contains
numerous cases of wide ranging
allegations. But on closer scrutiny, it can
be seen that such allegations
are carefully qualified with phrases such
as "it was reported", "according
to reports", "reportedly arrested"
"allegedly arrested, etc. It would
naturally follow that flawed conclusions
would result from such conclusions.

  The reports go on to less than
credible lengths to stress any perceived




































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negative elements, while turning a blind
eye to all constructive and
positive achievements. This is what
numerous delegations have attested to
in the proceedings of this very
Commission when they reject the
practice of unbalanced reporting.

  When this practise of one sided
presentations about my country was
pointed out, the response was that the
inclusion of more positive
developments would render such
reports too lengthy and unwieldy. The
consequence, Mr Chairman, is that
accuracy, objectivity and balance falls
victim to expediency, lack of resources
and time constraints.

Mr Chairman,

  To be more precise, I shall touch on
but a few of the allegations and
accusations made in the reports and
their presentation.

  The charge of non-cooperation has
been made against my country. But the
record has clearly shown that while we
have not accepted the appointment of

any special rapporteur for reasons
repeatedly made known by my
delegation in this Commission, we have
consistently cooperated and will
continue to cooperate with the UN and
its representatives in dealing
with issues of human rights and other
matters of common interest.

  In the recent past, high officials of my
Government have had numerous
rounds of fruitful dialogue with the
Secretary General and his
representatives, and the most recent
round with Mr Francesc Vendrell,
Director of the East Asia and Pacific
Division of the UN, who visited my
country just a few weeks ago -- all of
which are elaborated in our memoranda
presented to this Commission.

  In fact, we have when requested,
provided the Centre for Human Rights
and the thematic rapporteurs, including
Mr. Lallah with information relevant
to my country and the thematic
rapporteurs have undertaken to
incorporate our responses in their
reports. Such exercises will continue to
be pursued in the future and Mr. Lallah




































9 of 24

will have the opportunity to visit
Myanmar at a mutually convenient
time.

Mr Chairman,

  In his reports, and especially in an
earlier one, Mr. Lallah had
emphasised primarily on the operation
of the legal system in my country and
has attempted to reveal aspects, which
in his view, amount to shortcomings.
We find it to be further perplexing that
the report should attempt to cast
doubt on the validity and effectiveness
of our judicial system. Courts of
law, civil, criminal and military are
functioning normally throughout the
country.

  From the time of its inception, the
State Law and Order Restoration
Council has undertaken to ensure that
the laws of the land be upheld to
preserve and strengthen the rule of law,
and to maintain public order. The
current administration has inherited
over 900 laws, including those enacted
during the time of the former colonial
rulers, and by successive

Governments after the achievement of           guarantees to ensure that a fair trial is
independence. Accordingly, Myanmar           given to every defendant in a court of
continues to have a sound, efficient and         law. There are also safeguards
fair judicial system, with the rule                 against the abuses of legal proceedings
of law prevailing in the land, and peace         during trial.
and stability being maintained in
accordance with the provisions of                   The conduct of trials and
existing laws.                                         administration of justice are carried out
                                                        in public courts in strict observance of
  At present, the Supreme Court and           the basic principles just mentioned.
lower courts of law at State,                       The independence of the Judiciary is
Division and Township levels exist to           strictly maintained, and there exist no
administer justice independently                 control or influence exercised by the
according to law; to protect and                   Government over the administration
safeguard the interests of the people and         of justice by the Judiciary.
to assist in the maintenance of law and
order; to educate the people to                     Mr Chairman,
understand and abide by the law; to
work within the framework of the law               Another aspect that the reports
for the settlement of cases; to dispense           elaborate upon is the constitutional
justice in open courts unless otherwise           process transpiring in my country
prohibited by law; to guarantee in all             during the current stage of transition.
cases the right of defense and the                 Questions have been raised as to
right to appeal under law; and to aim at         whether this constitutional process will
reforming moral character in meting             indeed lead to the establishment of
out punishment to offenders.                     multi-part democracy. In response to
                                                        such doubts, I would like to reiterate
  The Code of Criminal Procedure and         that the National Convention is being
other relevant laws provide a                     convened to take concrete and
comprehensive legal framework and             systematic steps to build a genuine

10 of 24

multi-party democratic steps to build a             In essence, the National Convention
genuine multi-party democratic state             has reached its halfway point and
in accordance with the aspirations of the         future sessions will be devoted to
people of Myanmar. This Convention           achieve consensus on issues such as the
is a truly representative body                     fundamental rights and responsibilities
encompassing representatives from               of citizens, the holding of regular
various political parties legally existing         elections, and the role of political
in the country, representatives of                 parties, among others.
national racial groups, the peasants, the
workers, the intelligentsia, the                       Hence, when calls for dialogue are
technocrats, and legal experts among             made, our response is that dialogue
others who enjoy the right to freely               is already in progress in the form of the
exchange their views. As such there               National Convention, which for
should exist no doubt as to meaningful           reasons just mentioned is the most
representation and democratic                     appropriate forum for dialogue and
procedures in the                                   consensus building. On the other hand,
Convention.                                         there can be no necessity for any
                                                        dialogue between the Government and
  Consensus has already been achieved         one single political party, at the
in the National Convention on                     expense of all other legally existing
issues of primary importance such as             political parties and the over 100
over a hundred fundamental principles         national races who constitute the Union
which will form the basis of the new             of Myanmar.
State Constitution, in addition to
agreements reached on the State, its               Mr Chairman,
basic structure, the Head of State, and
the delineation of the Legislative,                     To sum up, we hold the view that the
Executive and Judiciary                             reports in question constitute an
organs.                                               attempt to dispense with reality and to
                                                        exert political pressure on the

11 of 24

Government. This exercise is bound to           independence and sovereignty.
be counter-productive for the
promotion and protection of human             Mr Chairman,
rights in my country. I shall accordingly
reject these reports and their contents as         Commenting on his recent trip to the
being irrelevant and merely                       region, Mr. Lallah mentioned in his
reflecting the views of those who are             report that the situation in Myanmar is
opposing the Government                         so complex and susceptible to so
for reasons unconnected with the issue           many different interpretations. After
of human rights.                                     reporting thus, I find it most
                                                        regrettable that the document should
  To us, the issue of human rights               draw simple and misguided conclusions
encompasses much more than legal               out of a complex situation.
arguments, political manipulations and
results of interviews with groups                 *****************************************
openly hostile to the good intentions of
the Government. For us human rights           SLORC ATTACKS KNU AT
encompasses issues neglected in the             COMMISSION
reports, issues such as the right to                 April 9, 1997
develop, relying essentially on our own         From: David Arnott
strength and resources, and to                     <darnott@igc.apc.org>
live a life of dignity with adequate food,
clothing and shelter for all.                         Statement by U Denzil Abel,
None of these aspects of the right to             member of the Myanmar Observer
development, absolutely none, have             Delegation to the 53rd Session of the
received even superficial mention in the         Commission on Human Rights
reports. Nevertheless, we shall                     under Agenda Item 10
continue to endeavour toward the
attainment of such objectives while at           Geneva 9 April 1997 [delivered 10 April]
the same time persevere to protect our

12 of 24

Mr Chairman,                                       the outstanding achievements of my
                                                        Government. They are in fact misusing
  I thank you for giving me the floor             the
and affording me the opportunity to             noble concepts of human rights as an
inform the Human Rights Commission           instrument to pursue their own hidden
on the situation in my country, the               political agenda.
Union
of Myanmar.                                             My delegation however has to
                                                        emphasize that the outcome of events in
Mr Chairman,                                       my
                                                        country must necessarily be decided by
  In the course of discussion under             its own citizens and not by
Item 10 my delegation has heard some           outsiders, interlopers and opportunists.
passing remarks with reference to the
situation in Myanmar.                                 My delegation has circulated two
                                                        documents No. E/CN.4/1997/123 and
  Judging by their remarks I must say           No.
that the speakers are ill-informed                 E/CN.4/1997/124. These documents
and are not wholly aware of                       aim to dispel the one-sided blinkered
developments taking place in Myanmar.         vision actively promoted and
They are                                             propagated by proponents of black
unduly influenced by unfounded and           propaganda.
unsubstantiated allegations inspired by         The documents also serve as a primary
motives other than the cause of human           source for delegations interested in
rights.                                                 gaining insight into the complexity of
                                                        my country and the ongoing progress
  My delegation knows All too well             achieved in creating conditions for a
that the sources of these allegations               better life for the people of Myanmar.
are none other than anti-government
forces who are determined to denigrate         Mr Chairman,

13 of 24

  The Myanmar Government accords
top priority to reconsolidation in my
country. The colonial policy of divide
and rule, and the misguided armed
struggle waged by some groups against
successive governments since 1948 have
taken an enormous toll on the
development of my country. The
reconsolidation
of our more than (135) National Races is
the key to peace, development and
progress.

  The Myanmar Government extended
the olive branch to the armed groups
and, accepting the sincerity of the
Government All but one of the armed
groups have since returned to the legal
fold [sic]. They are now gainfully
occupied with rebuilding and
developing their remote border areas in
cooperation with the Government. The
swords have been turned into
ploughshares for the commonweal.

  The sole remnant is the Karen
National Union (KNU). It has engaged
in a
futile armed struggle against successive

        governments for almost half a
        century. It has undergone many changes
        in both its leadership and political
        persuasion.

            The current guise of the KNU is to
        masquerade as a democratic force.
        Its guise is meant to gain sympathy and
        support from the outside world. It
        does not enjoy the support of the 2.7
        million Kayins living peacefully
        together with other National Races of
        Myanmar.

            The KNU is a politically and
        militarily dissipated force. It has
        unilaterally broken off peace
        negotiations with the Government after
        reneging on the very terms it had
        proposed. While talking with the
        Government it engaged with other
        anti-government forces and foreign
        sponsors in plots to destabilize the
        peace and stability achieved so far in the
        border areas and the nation at large.

                  The KNU resorts to terrorists
        [sic] attacks against civilians, they use
        landmine carpeting which maim
        innocent people. They have of recent

14 of 24

even resorted to bomb attacks on places
of worship. The KNU cannot but be
seen as a terrorist group.

  Five years have elapsed since the
Government unilaterally suspended
military operations and offered peace to
the KNU. There has been no progress.

  For the people in the Kayin State to
live in peace and enjoy
development, the Myanmar Armed
Forces are now compelled to conduct
mopping-up operations in the Kayin
State against KNU bases, from
whence atrocities against the people are
continually staged.

  Hundreds of officers and other ranks
of the KNU have taken advantage of
"trading arms for peace" of their own
accord. They have brought in hundreds
of arms, magazines, landmines and
thousands of ammunition. Returnees
are warmly welcomed. The returnees
realize that years of fighting have
achieved nothing and that fighting does
not serve the country in any way. They
realize the genuine goodwill of the
Government and are now ready to

        participate in regional development
        activities.

            The so-called "Karen refugee camps"
        on the border are in fact safe
        havens for the KNU armed group and
        their sympathizers. Credible foreign
        analysts publicly confirm that the camps
        were used as staging points in KNU
        raids into Myanmar.

            The Myanmar Government stands
        ready to receive back All Myanmar
        nationals who had been residing in the
        so-called "refugee camps".

            Peace prospects are now bright for
        the people in the Kayin State.
        Development plans can at long last be
        initiated. The long-suffering people
        of the Kayin State can look forward to a
        measure of progress and prosperity
        evident already elsewhere in the
        country.

Mr Chairman,

            My delegation takes the opportunity
        to inform the Commission on some
        views and policies of the Government of

15 of 24

Myanmar on human rights:                       civil and political rights, developing
                                                        countries like Myanmar believe that the
- Myanmar holds the view that                   equal prominence should be accorded
countries differ from each other due to           to economic, social and cultural rights.
differences in historical background,             The right to development is
cultural traditions, religion and                   especially important to developing
level of development. Culturally and in         countries.
terms of perception, there exists a
vast difference between the East and             - It is our belief that community rights
West. By this, we do not mean to infer           should have equal importance, if
that there exist no human rights                   not more, than individual rights.
principles applicable to All persons.             Moreover, in times of conflict between
However, divergences can be seen in             individual rights and national interest,
approaches and implementation of               there are situations that call for
human rights practices. At the same             priority to be accorded to the interests of
time, countries or groups of countries           the nation. Each individual
should avoid attempting to impose their         possesses not only rights but also duties
views and values of human rights on             and obligations to his country and
the rest of the international community.         to his society. It is a fact that extreme
                                                        practices of individual rights can
- For developing countries like                     lead to disorder and unrest. Economic
Myanmar, the most essential and                 development and political stability
fundamental                                         are interdependent since economic
basic right is to meet the food, clothing           development can be obtained only
and shelter needs and to raise the                 during times of political stability.
standards of living of he people.                   Similarly, economic development
Without ensuring this basic right, other         contributes toward political stability.
aspects of human rights cannot be
effectively implemented. Although               - As the view, approaches, application
some countries stress the importance of         and implementation of human

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rights differ from country to county               detrimental and counterproductive to
because of the dissimilarities in                   the advancement of human rights.
historical experience, cultural traditions,
religion and level of                                 Thank you Mr. Chairman
development. Myanmar believes that
implementation of human rights in the           *************************************
national context should be the
responsibility and competence of each           UN HUMAN RIGHTS BRIEFING -
government. Human rights should not           DAVID TAW'S PAPER
be used as a pretext for interfering in             April 8, 1997
matters that are essentially within the           From: darnott@iprolink.ch (David
domestic jurisdiction of states. By this, it         Arnott)
does not mean that human rights can be
systematically violated behind the               The following is the paper presented by
barrier of non-interference. What                 David Taw, National Democratic
remains paramount is to promote                 Front, at the Briefing on Human Rights
human rights through international               in Burma, at the UN Human
cooperation and consensus-building.             Rights Commission in Geneva.

  Together with other developing and
non-aligned countries, Myanmar                 SLORC Militarism Threatens the
believes that there should be strict               Survival of Non-Burman Ethnic
observance of the principles of                     Nationalities in Burma
sovereignty, territorial integrity and
non-interference in the internal                   By David Taw
affairs of other States. Myanmar is               National Democratic Front
opposed to the misuse of human rights           April 8, 1997
with political motives, to double
standards and selectivity, and means of         This is my first time participating in the
applying pressure. Such tactics are               meeting of the UN Commission

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on Human Rights. I am very pleased to
have this opportunity to discuss
the plight of the non-Burman ethnic
nationalities whose survival and
ethnic and cultural identities are
dangerously threatened by the military
regime of Burma. Burma is a
multiethnic state, and I am a member of
the
Karen people, one of the ethnic
nationalities of Burma. I am a
representative of the National
Democratic Front (the NDF), a coalition
of ethnic nationalities.

I would like to make four main points
today, all of which indicate how
human rights abuses in Burma are
inhibiting the long term stability and
peace in my country.

First, the ethnic nationalities of Burma
are seeking a political dialogue to
find a lasting political solution in
Burma, but our political freedoms and
rights are nonexistent under the current
regime.

Second, the civilian populations in
ethnic areas are being persecuted by the

        SLORC army, which has resulted in
        thousands of human rights abuses
        against innocent villagers throughout
        the country which is destabilizing
        our traditional societies.

        Third, the cease-fires between SLORC
        and the ethnic nationalities have
        failed to achieve lasting political
        solutions--again because political
        freedoms and rights have been
        eliminated by the SLORC troops in the
        cease-fire areas.

        Finally, the recent offensive against the
        Karen people and the refugee
        crisis on the Thai/Burmese border once
        again exemplifies SLORC's
        oppressive nature and the widespread
        human rights abuses resulting from
        its policy of force.

        All of these abuses stem from the
        Burmese regime's militarization of the
        country, and its refusal to seek lasting
        solutions through dialogue instead
        of force.

        MY FIRST POINT IS THAT THE
        ETHNIC NATIONALITIES DESIRE

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FEDERALISM & A POLITICAL
SOLUTION

It is a significant fact that almost all of
the major ethnic groups have
resistance movements. Some resistance
movements started a few years
after the country's independence from
Britain in 1948, and many others
joined the struggle after the 1962
military coup. These resistance
movements are a greatly significant
phenomenon because they indicate that
there is something totally wrong with
the state of affairs of Burma.

SLORC often claims that their task is to
prevent the disintegration of the
Union, and they usually try to justify
their illegal grip on state power by
citing the ethnic resistance movements
as a threat to national integrity.
Asserting that instability will result if
they are not in power, SLORC has
even tried to legitimize the domination
of the military in the future
political life of Burma through its
national convention.

SLORC has often said that Burma will

        become the next Bosnia unless
        there is a leading role for the Tatmataw
        (SLORC's Army). The logic of
        this is very elusive. Here, I want to
        make it very clear that no ethnic
        organization is seeking independence or
        secession from the Union. We
        have been striving for our rights which
        are reflected in Article 27 of the
        International Covenant on Civil and
        Political Rights and elaborated in the
        UN Declaration on Rights of Persons
        Belonging to National and Ethnic,
        Religious and Linguistic Minorities. We
        have been striving together with
        our ethnic brothers and sisters,
        including Burmans, to end militarism
        and
        build a new society based on
        democracy, human rights and
        federalism.

        In 1990, the ethnic nationalities and the
        democratic opposition started the
        process of constitution drafting with the
        aim of building a consensus about
        how to construct a new union.
        International constitutional experts were
        invited to our seminars, and many
        consultations were made. Free and

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open                                                   of Burma, regardless of their
debate characterize these proceedings           ethnicity, sex and religion are allowed to
which is very different from the                   participate in the constitution-
undemocratic SLORC-orchestrated               making process.
national convention. The constitution
is now in its fifth draft. The extent of             MY SECOND POINT IS ABOUT
consensus we have already built up               SLORC'S MILITARISM AND THE
is promising and strong proof that the           ATTACKS ON THE CIVILIAN
threat of a Bosnia-like-situation is                 POPULATION
minimal. The specter of another Bosnia
is SLORC's propaganda and an                   During the past eight years, the ethnic
attempt to frighten the international             resistance movements have suffered
community. We agree with the policy           a lot from SLORC's terrorizing
statement of the National League for             campaign against the ethnic civilian
Democracy (the NLD) which has said           populations and changes in the
that a Panlong-like Convention has to be         geopolitical climate. SLORC has usually
convened to lay down the                         practiced a low intensity conflict
principles for a future constitution. Our         strategy in the course of its military
drafting efforts are in preparation                 operations against the ethnic resistance
for this opportunity. It is our strong             movements. This strategy is
belief that no constitution can be                 known in Burma as the "Four Cuts"
imposed or dictated by any one                   program (cutting information, food
organization or institution or any one             supplies, financial support and
group of people. Only when the                   recruitment for the resistance
constitution reflects the true aspirations         movements).
of the people will there be a long-lasting         A large part of the Four Cuts program
constitution and practical resolution to           has been to isolate the resistance
the current political crises. In order to           movements from the surrounding ethnic
bring this about, we must guarantee             civilian populations. To isolate
an atmosphere in which all the peoples           the resistance groups, the main target of

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the SLORC's army has been the                   also become pools for military porterage
civilian population, not the resistance             or forced labor for SLORC's
groups themselves. SLORC's army               militarily strategic roads. People often
threatens communities in order to make         flee the satellite villages by
them give up their support for the               hiding in the jungles of Burma as
resistance movement and has                     internally displaced persons or running
committed thousands of human rights           across the border to Thailand.
abuses, including arbitrary arrests,
torture, rape and summary executions           Today, the horrors for the civilian
of                                                     population continue. Forced relocations
civilians under the Four Cuts program.           have not stopped. And human rights
                                                        abuses against civilians by SLORC
One of Burmese army's major schemes           troops continue to be routine
is the practice of forcibly relocating               throughout Burma.
villages. Orders have been given to
hundreds of thousands of villagers to             MY THIRD POINT IS ABOUT THE
move to new areas under the tight               FAILURE OF THE CEASE-FIRES
control of the SLORC army. Villagers           TO ACHIEVE LASTING POLITICAL
are often given less than a week's notice         SOLUTIONS
to relocate. Later, these
abandoned villages are declared free-             The mounting pressures on their
fire zones which means that SLORC's             respective communities and other
army will shoot on sight anyone seen in         factors
the area of the village. In this                     resulting from changes in geopolitics
way, entire ethnic populations are being         forced 15 ethnic resistance groups to
uprooted from their native lands                 sign cease-fire agreements according to
and traditional ways of livelihood, and           SLORC terms.
scattered in new satellite villages
(actually concentration camps of the             As Daw Aung San Suu Kyi said in her
military). The new relocation sites               video message, however, SLORC's

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cease-fire agreements merely stop the           Kachin people have begun to face a
shooting. They do not result in                   serious problem with increasing
further political dialogue which will             numbers of drugs addicts and related
address the rights of the non-Burman             HIV/AIDS problems. In the Mon area,
ethnic nationalities and their role in the         after the cease-fire, thousands of
future political process.                             people have been conscripted for
Promises of regional development in             military porterage and forced labor for
return for cease-fire agreements have             roads and the construction of the Ye-
not materialized either, apart from a few         Tavoy railway, a strategic transport
show-case openings of schools                     line for rapid deployment of armed
and hospitals that were heavily                   forces to secure a gas pipeline route.
publicized in the SLORC-controlled               When a Mon leader asked the
media.                                                 Commander of the South-Eastern
Foreign humanitarian NGOs have never         military
been allowed to operate                           command to stop the forced labor, he
development projects in cease-fire areas.         replied that the cease-fire agreement
And the worst part of the cease-                   was made just between SLORC's army
fires has been the heavy deployment of           and the Mon National Liberation
SLORC troops to consolidate their               Army, and it had nothing to do with the
territorial control; they have acted like           administrative orders of various
an occupation army and continue                 levels of SLORC that were carrying out
their human rights violations including         regional development projects.
forced labor and forced relocation                 The reply was nonsense because SLORC
campaigns in cease-fire areas.                     is the army and the army is the
                                                        SLORC. The cease-fire agreement
In the Kachin area, since SLORC troops         between SLORC and the Karenni
took control of all check points on                 National Progressive Party (the KNPP),
the border, replacing the Kachin                   lasted just three months and broke
Independence Organization, heroin has         down after SLORC did not comply with
freely flowed into Kachin state and the           the Karenni's demand to stop

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forced labor. Fighting has also recently         cease-fire and non-cease-fire groups--
flared up again between SLORC                   which attended the Mae Tha Raw
and the United Wa State Army in                 Hta meeting in February of this year.
southern part of the Wa area. These               Based on this political will, the
continuing tensions and problems                 Karen National Union (the KNU) took
indicate that cease-fires without                   part in four rounds of negotiations
accompanying dialogue on political and         with SLORC. Despite ongoing
human rights issues will not be                   negotiations, however, SLORC launched
able to bring long-lasting peace and               a
stability to Burma.                                   massive military campaign in Karen
                                                        territory and intensified its campaign
MY FINAL POINT IS ABOUT THE               of terror against the Karen civilian
RECENT OFFENSIVE AGAINST                 population. Karen villagers were
THE KAREN PEOPLE AND THE                 subjected to porterage, torture, rape and
REFUGEE SITUATION ON THE                 summary executions, and the
THAI/BURMESE BORDER                       abuses continue. People have had to flee
                                                        from their villages to escape
The National Democratic Front (the               persecution by the SLORC army. To
NDF) believes that dialogue is the best           date, 20,000 Karen people have fled
means to resolve the political problems           into Thai territory because of the
in Burma, and we fully support the               offensive. Thousands of others are
UN General Assembly resolutions that           internally displaced, still in the jungle
urge SLORC to start a substantive                 on the way to the border, unable to
political dialogue, at the earliest possible         flee because SLORC's military columns
time, with Daw Aung San Suu                     block their escape. The refugee
Kyi and other political leaders including         population on the Thai-Burmese border
leaders of ethnic groups. This                     has now risen to 120,000. These
desire for political dialogue was                   people have fled persecution by the
reaffirmed by all the ethnic groups--             SLORC army, and the KNU thanks the
both                                                   Royal Thai Government for permitting

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these people to take refuge in the                 nationalities are seeking political
border areas of Thailand and the                 solutions to the problems in Burma. We
international NGOs for assisting them           are deeply concerned at SLORC's denial
with basic needs.                                     of political freedoms and its
                                                        military campaign against the civilian
Most of the refugees had been staying in         populations throughout Burma. We
border areas for years without                     call on the UN Commission on Human
much incident until 1995 when the               Rights to make the strongest
Democratic Karen Buddhist Army (the           possible statements to the Burmese
DKBA) and in some cases combined             regime and work for a UN mediated
forces of the DKBA and the SLORC               substantive political dialogue in Burma.
army attacked refugee camps inside             Finally, we call on the
Thailand. In January of this year, two           international community--UNHCR, the
large refugee camps close to the border           diplomatic community and human
were burnt down by the DKBA and               rights NGOs--to urgently respond to the
SLORC troops making more than 16,000         need for protection of the refugees
refugees homeless. Threats                       along the Thai/Burmese border who
continue to be made against the                   face a humanitarian crisis and
refugees in Thailand by DKBA and               continuing threats from the SLORC
SLORC troops. All the refugee camps           army. Thank You.
along the border are now very
vulnerable to the cross border attacks             ********************************
from SLORC and DKBA troops.
Because of this insecure situation, it is
urgently needed to move the refugee
camps to safer places and for UNHCR to
extend protection to the refugees.

In conclusion, I would like to emphasize
that the non-Burma ethnic

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[CONVERTED BY MYRMIDON]