Amnesty Int'l repeats call for inquiry into human rights abuses in Burma - Thea Forbes
- From: "labour" <twenti@xxxxxxxxxxxx>
- Date: Thu, 16 Jun 2011 21:48:48 -0700
June 15, Mizzima News
Amnesty Int'l repeats call for inquiry into human rights abuses in Burma -
Thea Forbes
Chiang Mai - Amnesty International has called on Burmese President Thein
Sein to allow the 'urgent establishment' of the proposed international
commission of inquiry into human rights abuses in Burma.
Visiting Burmese President Thein Sein inspects a military honour guard
during a welcoming ceremony at the Great Hall of the People in Beijing in
May, in this file photo. Photo: AFP
Visiting Burmese President Thein Sein inspects a military honour guard
during a welcoming ceremony at the Great Hall of the People in Beijing in
May, in this file photo. Photo: AFP
The nongovernment group has researched and documented human rights abuses
and crimes against humanity by the Burmese military in war-torn eastern
Burma since 1988.
Calling Burma's 2008 Constitution an 'obstacle to justice', Amnesty said,
'Impunity for human rights violations and possible crimes against humanity
prevails in Myanmar (Burma) and investigation and prosecution of these is
obstructed by Article 445 of the 2008 Constitution'.
Article 445 effectively eliminates the culpability for any person who was an
official in Burma's military governments since 1988. It states, 'No
proceeding shall be instituted against the said Councils (SLORC/SPDC) or any
member thereof or any member of the Government, in respect of any act done
in the execution of their respective duties'. However, the laws would not
apply to an international tribunal.
According to the campaign group's statement, presented at the 17th UN Human
Rights Council session in June in which dialogue was fostered between Burma
and other countries, Burma accepted 'only 74 of the 190 recommendations made
during the review'.
Burma's conclusion to the Universal Periodic Review gave responses to only
some of the recommendations, one of which included reassurance that the
Burmese military is an 'all-volunteer army'. The Burmese response also
concluded that '. Myanmar [Burma] is still in the initial stage of a
multi-party democratization process which will be enhanced and strengthened.
As this process develops, Myanmar is convinced that it will be able to
further promote and protect the human rights of its citizens'.
Combating impunity
'In light of this obstacle to justice, Amnesty International again calls for
the urgent establishment of an international commission of inquiry to
investigate crimes against humanity and possible war crimes in Myanmar
(Burma)', said Amnesty's statement.
The statement also condemned Burma's 'vague laws' that it said the
government utilizes to 'criminalize peaceful political dissent'.
Benjamin Zawacki, an Amnesty International Burma researcher, told Mizzima
that he thought the first step to dissolving the shield of impunity
surrounding the military is to launch a commission of inquiry, as proposed
by UN special rapporteur on the human rights situation in Burma, Tomás Ojea
Quintana.
'An international commission only becomes relevant when a government is
either unable or unwilling to hold its own officials to account, and the
government seems, if not unable, certainly unwilling.it is now incumbent on
the international community to step in on behalf of the citizens of Myanmar
(Burma), where the government itself is essentially unwilling to do so', he
said.
Aung Myo Min of the Human Rights Education Institute of Burma also told
Mizzima that the 2008 Constitution allows military personnel in Burma to
evade the hand of the law inside Burma.
'The Constitution itself, like Article 445 allows amnesty for the military
or anyone in authority; it provides them with amnesty', he said. 'Actually
the Constitution should be the one that protects and promotes the rights of
the citizens and guarantees justice for everyone, but the Constitution
itself allows this kind of amnesty and protects the perpetrators and not the
victims'.
The 2008 Constitution gives final say to the military in Burma, as
exemplified by Article 343 (section b), which states that 'In the
adjudication of Military justice.the decision of the Commander-in-Chief of
the Defence Services is final and conclusive'.
General Min Aung Hlaing took over from Than Shwe as commander-in-chief of
the Burmese military in March.
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