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BURMA: Alternative ASEAN Declaration on Burma

1. WE, the participants of the Alternative ASEAN Meeting, representing 46 organisations from 20 countries, declare that we adhere to the Universal Declaration of Human Rights and to human rights’ universality, indivisibility, interdependence, and interrelatedness. Thus, our support for human rights, democracy and peace in Burma is also support for human rights, democracy and peace in our communities

2. We hold that the State Law and Order Restoration Council (SLORC)’s persistence in its illegitimate authority has resulted in unabated violations of human rights, and an absence of peace, democracy, rule of law, and development for all the ethnic nationalities of Burma.

A. VIOLATIONS OF HUMAN AND PEOPLE’S RIGHTS

• Recruitment of child soldiers into the military service;

• The perpetuation of the crisis of internally displaced people and refugees along Burma’s borders through attacks, human rights violations and other forms of intimidation, as well as the orchestration of forced repatriations;

• The abduction of people to be used as porters and human mine-sweepers for military activities;

• Rapes and sexual assaults perpetrated by military personnel, with the sanction of their commanding officers upon men, women and children;

• Tortures, beatings, and other forms of cruel and degrading punishments inflicted by military personnel with the sanction of their commanding officers upon men, women and children;

• Deliberate harassment and persecution of supporters of the movement for human rights and democracy through illegal arrests, detentions, torture, perversions of justice and impositions of lengthy jail terms on activists, particularly those belonging to the National League for Democracy;

• Widespread censorship and the imposition of onerous penalties on those seeking to legitimately disseminate information of national and international significance in Burma;

• Maintenance of extremely oppressive conditions and practices in prisons and camps where political prisoners are detained;

• The public and secret murders of men, women and children committed by military personnel acting under orders of their leadership;

• The destruction of sources of food and livelihood, including domestic food crops, to intimidate, harass and force the relocation of communities, particularly those belonging to ethnic nationalities in the border areas and members of religious minorities;

• The statelessness imposed by the SLORC upon a significant proportion of the peoples of Burma through military harassments and the denial of their rights to citizenship;

• The obstructions maintained by the SLORC to prevent international humanitarian agencies, including the UN Special Rapporteur on Burma, International Committee of the Red Cross and the UNHCR, from freely engaging in legitimate fact-finding, monitoring and relief work, and

• Refusal to respond to the needs of migrant workers exposed to exploitative conditions in countries where they have sought work and refuge.

B. DEVELOPMENT AGGRESSION

• Widespread use of forced labour for so-called development projects;

• Use of quotas and coercive mechanisms to deny access to equal opportunities to education and employment to a range of people on the basis of gender, religion, ethnicity and political beliefs;

• The diversion of funds away from public education, which has contributed to plummeting literacy rates amongst children in Burma;

• The forced relocations of communities in central Burma to make way for so-called development and/or to undermine support for the democracy movement;

• Joint ventures entered into by multinational companies with the SLORC and their associates which wantonly exploit and in some cases, violate the rights of people for profit, while providing the junta with the means to continue its aggression;

• The diversion of funds away from public health, which has contributed to the tragic growing epidemic of HIV/AIDS in Burma;

• The maintenance of conditions which make many communities vulnerable to the trafficking of women and children, and

• Projects and practices which pose a severe danger to the ecological stability of the country, including the unsustainable exploitation of Burma’s waterways and marine and forest resources in return for foreign exchange, and the ensuing human costs of such short-sighted endeavours aimed at extracting short-term maximum profit.

C. ABSENCE OF THE RULE OF LAW

The manipulation and perversion of the judicial system and other mechanisms which are meant to uphold justice and provide legal redress;

Promulgation of laws and regulations to threaten and inhibit people from engaging in legitimate and peaceful actions to effect positive change in Burma;

The manipulation of the process of formulating a new Constitution in Burma, including the harassment and unreasonable pressure calculated to deny democratic forces their rightful influence and input into such deliberations;

The maintenance of conditions which prolong the continuing illicit production and trafficking of heroin, opium and amphetamines, and

The SLORC’s refusal to recognise the outcome of the 1990 elections which it conducted and which saw the National League for Democracy win 82% of the seats.

3. ASEAN AND THE INTERNATIONAL COMMUNITY

a. Therefore, in the interests of long-term stability and prosperity in the region in general, and the upliftment of the peoples of Burma in particular, we call upon the member governments of ASEAN and the international community to discard the policy of “constructive engagement” which has brought untold injustice and suffering upon the peoples of Burma. WE STRONGLY URGE the member states of ASEAN and the international community to adopt this Alternative ASEAN Policy on Burma which contains the following principles:

i. Uphold the democratic will of the peoples of Burma;

ii. Promote and defend the human and people’s rights of the peoples of Burma;

iii. Pursue the development agenda of the peoples of Burma, and

iv. Establish people to people solidarity between the peoples of Burma and the peoples of 
ASEAN.

b. WE OPPOSE ASEAN membership for the SLORC on the grounds that:

i. The SLORC is not the legitimate government of that country

ii. ASEAN membership would provide the SLORC with a de facto licence to continue its attacks on the peoples of Burma, and

iii. The SLORC’s activities are a direct contradiction to the aims and objectives of ASEAN

c. WE CALL UPON members of the United Nations, European Union, the ASEAN Regional Forum and other governments who have dealings with ASEAN and its individual members, to exert their good offices to encourage a positive change in ASEAN’s approach to the crisis in Burma. WE BELIEVE that change is possible, with sufficient support and a willingness to dialogue in the spirit of international co-operation and goodwill

d. Furthermore, we also urge the United Nations to implement with determination its resolutions on Burma, and KEEP BURMA’S SEAT VACANT until a democratically elected government has been formed.

e. Consequently, ASEAN and other governments as well as international institutions must not give any semblance of legitimacy to the SLORC. We advocate an arms embargo, economic sanctions and an investigation of the SLORC’s involvement in drug trafficking.

f. It is only in the judicious and determined implementation of the Alternative ASEAN Policy on Burma will there be justice, peace, democracy, rule of law and development for the peoples of Burma.

g. We call on the peoples of ASEAN and the world to support, encourage and facilitate the restoration of human rights, democracy and ultimately, peace, to Burma. 

h. TO THIS END, we urge the aforementioned groups and individual countries to prioritise:

i. the flow of information and resources;

ii. the free movement of activists in their work; 

iii. commitment to the implementation of cross-border relief work and humanitarian assistance, and

iv. application the principles contained in the relevant ILO International Labour Standards and Conventions, as well as the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, in their dealings with Burma’s migrant workers.

CALL TO ACTION
4. FURTHER, WE URGE the citizens of the world to:

• boycott the SLORC’s Visit Myanmar campaign, by postponing plans to visit the country, further that they communicate the grounds for their decision to representatives of the SLORC and their local travel industry;

• support the efforts of peoples’ organisations in the international community to implement selective buying campaigns and to seek legal action to hold foreign investors accountable for their complicity in the abuses taking place in Burma.

5. WE, THE PARTICIPANTS OF THE ALTERNATIVE ASEAN MEETING ON BURMA, RE-AFFIRM OUR COMMITMENT to support the movement for human rights and democracy in Burma. through the formation of the Alternative ASEAN Network on Burma. WE WILL ENGAGE in activities on the local, national and regional levels to raise awareness of and mobilise support for our 48 million neighbours in Burma.

6. THEREFORE, WE CALL UPON our home governments and other members of the international community to support us in our endeavours and allow us to freely engage in legitimate activities which are informed by the universal values for human rights, democracy and peace, held dearly by all peoples of the world. 

7. WE AFFIRM THIS DECLARATION ON WEDNESDAY, OCTOBER 30, 1996, AT THE CONCLUSION OF THE ALTERNATIVE ASEAN MEETING ON BURMA, CHULALONGKORN UNIVERSITY, BANGKOK, THAILAND. 

ENDORSEMENTS AS AT 30 OCTOBER 1996 
PARTICIPANTS OF ALTERNATIVE ASEAN MEETING ON BURMA:

Burma
All Burma Basic Education Students Union, All Burma Students Democratic Front, Burmese Women’s Union, Federation of Trade Unions - Burma, Karen National Union, Karenni National Peoples Party, Mon Information Service, National Council of the Union of Burma, Overseas Karen Refugees Social Organisation, Overseas Mon National Students’ Organization, Overseas National Students Organisation Burma, Seafarers’ Union of Burma, SURA/Shan News

Cambodia 
Buddhist Liberal Democratic Organisation, Khmer Institute for Democracy, Khmer Journalists Association, Mr. Kem Sohka, MP, Chairperson, Human Rights Committee, National Assembly

Hong Kong 
Asian Human Rights Commission, Asian Legal Resource Centre, Documentation for Actions Groups in Asia

Indonesia 
Independent Committee for Election Monitoring (KIPP), Indonesian Legal Aid Foundation

Japan 
Burma Civilian Forum

Malaysia 
ABIM - Muslim Youth Movement of Malaysia, Burma Solidarity Group Malaysia, Democratic Action Party, Dr Tan Seng Giaw, MP, JUST World Trust

Netherlands 
Burma Center Netherlands

Norway 
Norwegian Burma Council

Philippines 
Initiatives for International Dialogue, Philippine Alliance of Human Rights Advocates

Singapore 
Ms Lilian Wong, Singapore Democratic Party

Taiwan 
Democratic Progressive Party of Taiwan

Thailand 
Amnesty International, Asian Cultural Forum on Development, Asian Forum for Human Rights and Development (FORUM-ASIA), Burma Issues, Burmese Border Consortium, Christians Concerned for Burma, Coordinating Committee for Human Rights Organisations of Thailand, Earthrights International, ECPAT, Global Alliance Against Traffic in Women, Images Asia, Southeast Asia Information Network, Thai Action Committee for Democracy in Burma, Tourism Investigation & Monitoring Team

UK 
Ms Danielle Sepulveda, Refugee Studies Programme, Oxford University 

ALSO SUPPORTED BY:

Australia 
Australian Council of Trade Unions, Dr U Ne Oo, T. Edmond

France 
Francis Deschamps, Digipresse

Hong Kong 
Sanjeewa Liyanage, Bo Hallengren, Mark Daly

Lao PDR 
Mr David Vang

Malaysia 
ALIRAN, ASA Media Centre, APCET Host Committee, CENPEACE - Centre for Peace Initiatives, COAC - Centre for Orang Asli Concerns, Democratic Action Party Socialist Youth, Democratic Action Party WANITA, IDEAL, INSAN, KOMAS, MINSOC, Ms Carol Yong, Persatuan Sahabat Wanita (Friends of Women), Malaysia Selangor Chinese Assembly Hall Youth, SUARAM, TENAGANITA, Youth Centre

Norway
Ms Helene Stoversten

USA 
Columban Fathers’ Justice & Peace Office, Council on International Educational Exchange, Free Burma - No Petro-Dollars for SLORC, Free Burma Coalition (Ohio University Chapter), International Labor Rights Funds, Noelle M Dames, Council on International Educational Exchange, Timothy Patrick, Alicia Guzman 

Students Still Behind Bars in Burma
by Documentation for Action Groups in Asia (DAGA)

In the midst of the repression and resulting turmoil that spread through Burma in 1988 with the violent birth of the military-led State Law and Order Restoration Council (SLORC) government on Sept. 18 of that year, thousands of students who had demonstrated for democracy and against the government of Ne Win and his Burma Socialist Program Party (BSPP) since March of that year and who now opposed SLORC fled from Burma’s capital of Rangoon, from Mandalay and other communities, for Burma’s borders. Some students, however, chose to remain in Rangoon and other SLORC-controlled areas to work openly and peacefully for change. These students, however, were later arrested.

During a trip to Burma in October 1996, a source in Rangoon provided the information below about the lives of some of these students who remained in Rangoon and other areas. According to the source, SLORC claims that there are no longer any students imprisoned in Burma who were connected with the protests of 1988. The source says, however, that 250 students from this era of struggle are still denied their freedom in prison.

Zaw Zaw Aung

Zaw Zaw Aung, a third-year history student at Rangoon University, was the co-chairman of the All-Burma Students Union (known also by its Burmese abbreviation ba ka tha) in 1988 when he was first arrested for two months after the demonstrations and violence in Rangoon in March 1988. He was tortured while in prison - injuries from which he has not completely recovered. The method of torture included kneeling down and walking on broken glass while being hit and kicked by the guards. He was also psychologically tortured through sleep deprivation.


In 1989, the All-Burma Students Union held its second assembly at Mandalay University. Zaw Zaw Aung was among the seven students who were re-elected to their posts in the organization. At the assembly, the students decided to negotiate with SLORC, but the government subsequently arrested all seven student leaders. In the case of Zaw Zaw Aung, this occurred on June 27, 1989. On Nov. 6, 1989, Zaw Zaw Aung was sentenced to 10 years in prison.

Between the time of his arrest and his trial, he was kept in a military intelligence prison; his parents were not allowed to see him. After being sentenced, he was moved to Insein Prison where he was kept in an 8-foot cell with four or five other prisoners. He was only allowed out of his cell for 15 minutes in the morning and 15 minutes in the afternoon for a bath. The remainder of the day he was confined to his cell. In the past, the prisoners used to receive 4 ounces of meat once a week, but now they do not receive even this. Because the food served twice a day at the prison was bad, his parents would bring him food, but he did not receive it all the time. At night, he slept on the floor. About 2,000 prisoners united and protested against the poor conditions in the prison in 1991. In response, the authorities transferred the leaders of the protest to different prisons in November of that year. Zaw Zaw Aung was transferred to Phayarwaddy Prison, 78 miles north of Rangoon, where he shares a cell with Dr. Aya Chang, a history professor. Before the transfer, he was beaten by the guards. In the past, his parents were able to provide medicine for their son, but this has now been banned.

Ming Ko Naning

With Zaw Zaw Aung, Ming Ko Naning was the co-chairman of the All-Burma Students Union in 1988. He is now held in solitary confinement in Insein Prison. His health and his memory are not good, and the treatment he receives from the doctors is poor. There is no proper sunlight in his cell, and he is only allowed outside his cell 30 minutes a day.
In July 1996, he contracted dysentery. He called the doctor at 10:00 a.m., but the doctor did not arrive until 4:00 p.m. Ming Ko Naning asked that someone be with him 24 hours a day. The doctor agreed, but this arrangement was never implemented. In addition, he was only given medicine for his condition once. He was told that there was no more medicine. Some believe that the authorities want Ming Ko Naning to die.

Maung Khin Swe

Maung Khin Swe was transferred from Insein Prison in November 1991 to Thayad Prison, a prison meant for criminals. Recently he was stoned by the criminal inmates and killed.

Zarni (alias Maung Maung Nyunt)

During the transfer of students from Insein Prison in November 1991, he became totally paralyzed and remains in this condition.

Posted on 2001-08-13
     
 
Asian Human Rights Commission

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