By Burma Partnership |
February 18, 2013
The
Special Rapporteur on the Situation of Human Rights in Myanmar, Tomás
Ojea Quintana, finished his 7th visit to Burma on Saturday and his report
highlights the grave human rights concerns in Burma today. The
escalation of conflict in Kachin State, communal violence in Arakan
State, the continuing detention and torture of political prisoners, land
confiscation due to development projects, restrictions on freedom of
association and assembly are among the poor human rights conditions
stated in his report. The scale of such human rights violations, in
spite of the reforms initiated by the government, emphasizes the
necessity of the role of the Special Rapporteur.
Many of the human rights violations that Quintana reported have a direct obstacle in the path of correcting these abuses: the 2008 Constitution.
The 2008 Constitution was written by the military without Daw Aung San
Suu Kyi and the National League for Democracy or genuine representation
from Burma’s ethnic areas. It was described
by the 88 Generation
Students Group as a “sham constitution” and
through corruption, fraud and intimidation, the ruling junta
outrageously claimed that 92% of the people who voted ratified the
document.
For decades, ethnic non-state armed groups have been fighting for the
rights and equality for their people, and the formation of a federal
union of Burma. Yet the 2008 Constitution solidifies central rule over
the whole country. It guarantees the Burma Army a prominent role in the
legislative and the executive by stipulating that 25% of parliamentary
seats are reserved for military members. The very institution that has
repressed, intimidated, and in ethnic areas, waged war on local
communities has institutionalized its power through the constitution.
For there to be sustainable peace in ethnic areas, a particularly
pressing issue in Kachin State right now, political talks around
repealing or amending the 2008 Constitution must begin. Although
political dialogue has been promised by both the leader of the
government’s peace negotiation team, Aung Min, and this week by
President Thein Sein, such talks haven’t happened yet. The government is
more concerned with strengthening its relationship with the
international community, largely based on development and economic
interests than a political settlement, as is evidenced by President Thein Sein’s comments
in his recent talks with ethnic leaders. Nai Tala Nyi from the New Mon
State Party said, “he told us to develop our ethnic areas while we are
waiting to have political dialogue with the government.”
Land confiscation has become a huge issue in Burma, whether in ethnic regions or central cities. The 2008 Constitution spells out
that the state owns “all lands, and all natural resources above and
below the ground, above and beneath the water and in the atmosphere.”
This paves the way for the government to take people’s land for
development projects, new military bases or to sell to the highest
bidder.
These land grabs are in anticipation of new investment as Burma’s
economy opens up to the outside world. But people are also attempting to
resist this arbitrary land confiscation, as seen in the resumption of the protests
against the Letpadaung copper mine last week. The freedom of
association and expression concerns that Quintana stated are evident in
this joint venture between a Burma Army owned company and a Chinese
company. After protests last year over land grabs and environmental
damage that this mine is causing, the government responded with a brutal crackdown, using incendiary devices and water cannons to disperse protesters, injuring over 100 monks.
The Special Rapporteur finishes his report
by addressing the necessity of justice and accountability for human
rights violations: “I believe this is crucial for the process of
national reconciliation and to prevent future human rights violations by
learning from the past.” Yet the 2008 Constitution enshrines impunity
for past violations as military personnel from the regime were given a
blanket amnesty as well as establishing military tribunals
for abuses occurring today rather than using civilian courts. This
effectively puts the Burma Army above the law yet they are the
perpetrators of the worst human rights abuses in Burma.
The 2008 Constitution is a significant barrier to solving many of the
human rights violations occurring in Burma today. It also prevents a
sustainable peace settlement with the ethnic nationalities as it
entrenches inequality. Until the government repeals or significantly
amends this constitution, Burma will not become a functioning democracy.
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