Burma - Country of Concern: latest update, 31 March 2014
Updated 21 January 2015
While there has been progress on the peace process during the first three months of 2014, there have been a number of worrying developments on other human rights issues, including a significant deterioration in the situation in Rakhine State. Both progress and concerns were recognised in March, when a resolution on Burma was adopted by consensus at the UN Human Rights Council. The resolution also renewed the mandate of the Special Rapporteur, urged the Burmese government to open an Office of the High Commission of Human Rights, and noted that constitutional change will be crucial to further democratic reform.
There has been no progress in resolving inter-communal tensions in Rakhine State. In January, a police officer and up to 40 Rohingya were reportedly killed in Northern Rakhine. Three domestic investigations have now reported that they found no credible evidence that violence against the Rohingya community had taken place. While we recognise the efforts of these investigations, we are concerned their reports do not contain an independent, complete and credible answer to the allegations that have been made.
In late February, the Burmese government ordered Médecins Sans Frontières (MSF) to cease operations in Rakhine State, leaving thousands of people without access to medical assistance. We are in close contact with MSF and have made clear to the Burmese government the unacceptability of this action and that they have a responsibility to ensure services are adequately delivered. The situation in Rakhine deteriorated further in March with violent protests in Sittwe targeted primarily against the offices and residences of international humanitarian aid workers. At the end of March, a bill was passed by the Burmese parliament which prohibits non-citizens from forming political parties. This disproportionately impacts the Rohingya, who are not recognised as citizens in Burma. Senior Minister of State, Baroness Warsi, raised our concerns with the Minister of National Planning and Economic Development, Dr Kan Zaw, during his visit to the UK in March.
In January, Minister for South East Asia, Hugo Swire, became the first British Minister to visit Kachin State since 1948. He met military and ethnic leaders involved in the peace process, visited an internally displaced persons camp and raised our concerns, including the importance of unhindered access for the delivery of humanitarian aid, with senior Burmese ministers. Following talks in March, the Burmese government and ethnic armed groups have agreed to establish a joint committee to draft a nationwide ceasefire agreement. The Department for International Development has confirmed an additional £8 million in support of the peace process and for projects in ceasefire areas.
During his visit, Mr Swire also raised child soldiers and the Preventing Sexual Violence Initiative with the Commander in Chief of Burma’s armed forces, and urged the government to endorse the Declaration of Commitment to End Sexual Violence in Conflict. The Burmese government agreed an extension to the UN Action Plan on child soldiers in March.
The first census in over thirty years began in Burma on 29 March. The UK is contributing £10 million to the census as a critical step in Burma’s development process. It will provide the authorities with much-needed information on where services and infrastructure, such as schools, roads and hospitals, are most required. We were, however, deeply disappointed that the Burmese government went against its long-standing commitment to the UN, donors and wider community that all individuals would have the right to self-identify their ethnic origin. We have made clear that this decision is in contravention of international norms and standards on census conduct.
More political prisoners were released as part of President Thein Sein’s amnesty in January. However, a number of political prisoners are still in jail, repressive laws remain, and arrests continue. Mr Swire urged the government to resolve remaining cases, and called for a review of the legal procedures used in the detentions and trials of several hundred prisoners in Rakhine State following the violence of 2012.
We continue to call for the Burmese government and parliament to amend existing legislation so that it meets international standards. In January, the Lower House approved the National Human Rights Commission Bill, which governs the appointment process for the commission as well as procedures for handling reports of abuses. The Lower House also approved amendments to the Peaceful Assembly and Peaceful Protest Law, removing local authorities’ power to deny applications for protest permits and reducing the maximum jail sentences for illegal protests to six months. The UK has been funding work by the NGO Article 19 in this area.
The Media Law and the Printers & Publishers Enterprise Law were amended in March, to mixed reactions. NGOs have criticised the amendments and state that the bills still fall short of international standards, though the Interim Press Council in Burma has said they are content with the changes. The government continues to restrict access to northern Rakhine State and recently increased restrictions on visas for foreign journalists.
In response to a petition that raised over one million signatures, President Thein Sein announced in March a commission responsible for drafting “Race Protection Bills”. The new bills may include laws on interfaith marriage and population control. We are closely following these discussions and urge the Burmese government and parliament to ensure all draft laws are in line with international standards. We have made clear that respect for the rights of women and freedom of religion or belief must be guaranteed. ####This publication is part of the 2013 Human Rights and Democracy Report.