1) COMMENTARY BY THE KAREN HUMAN RIGHTS GROUP, 26 MAY 2006

 

Covering up Genocide: Gambari's betrayal

The ongoing offensives by Burmas ruling StatePeace & Development Council (SPDC) military juntahave already been analysed in KHRGs previous commentary (#2006-C1), released just one week ago on May19th.  That commentary demonstrated that these attacks are not targeting the armed opposition, but are deliberately aimed at destroying the homes and food supplies of Karen hill villagers and shooting men, women and children on sight in a systematic attempt to wipe them out.  International law, particularly the UN Convention on Prevention and  Punishment of theCrime of Genocide (1948), defines this as genocide, and it also stands in violation of every international human rights convention and of international humanitarian law as expressed in the Geneva Conventions.  However, in the past week it has become clear that the United Nations Secretariat is attempting to cover up this genocide and bring about a normalisation of relations with the SPDC regime, without eveninsisting that the regime stop its military attacks on civilians.

From May 18th to 20th, UN under-secretary general for political affairs Ibrahim Gambarivisited Rangoon.  Second to Kofi Annan in the UNbureaucracy, he is the most senior UN official to visit Burma in years.  The visit came at a time when international outcry against the SPDCsattacks on Karen villagers was reaching its height, and activists and the US government were demanding that Burma be placed on the agenda of the UN Security Council.  On April 28th this year, the Council passed Resolution 1674 noting that the deliberate targeting of civilians ? and the commission of systematic, flagrant and widespread violations of international humanitarian and human rights law ? may constitute a threat to international peace and security and expressing its readiness to consider such situations and, where necessary, to adopt appropriate steps.[1]  So one would expect Gambari to have spent much of his time insistingthat the SPDC immediately cease its genocidalattacks against Karen villagers.  He did not.  Instead he focused most of his efforts on encouraging the SPDC to release one person  DawAung San Suu Kyi, leader of the National Leaguefor Democracy (NLD) political party.  Heexpressed concern[2] over the Karen offensive  UN language for we have noticed, but we will not interfere  and suggested that the SPDC ceasethe attacks, but then went on to talk about how the SPDC could go about securing more foreignaid.[3]  Even his more serious efforts appear to have been a failure, because he did not secure a promise to release Daw Suu either.  He did,however, have his photo taken smiling alongside SPDC supremo Senior General Than Shwe, whoimagines himself an ancient king, and Vice-Senior General Maung Aye, known to many Karen as theButcher of Dooplaya, who has ordered massacresthroughout Karen State in the past and who may be engineering the current genocide.

One would not expect Gambari to emerge optimisticfrom this visit, so his subsequent statements have been shocking.  With no other basis than a statement by national police chief Khin Yi in thestate-controlled media that Daw Suus releasewould pose little threat to national security, he claimed that this statement indicates her release may be imminent.  He followed this up by reporting that there appears to be a willingness among SPDC leaders to turn a newpage in relations with the international community,[4] and optimistically spoke of the SPDC receiving increased aid and trade in thenear future.[5]  He made clear that the issues he sees as important are the release of NLD leadersand the resumption of the SPDC-controllednational convention to draft a constitution; any serious mention of the Karen offensive orfor that matter forced labour or any human rights issue directly affecting ordinary civilians in Burma  has been glaringly absent from his statements.

That is because Gambaris visit, and his publicrelations campaign in its aftermath, are not intended to create action, but to simulate action while redirecting, undermining and stifling the possibility of real international action.  This is a diplomatic whitewash.  Before and during the visit, Gambari made no effort to find outinformation about the offensives in Karen State; yet after the visit he is supposed to brief the UN Security Council on the situation in Burma, about which he knows little or nothing.  However, he is already using the influence of his position to distract attention away from the killing of civilians, refocus it exclusively on the potential release of Daw Suu as though this willsomehow benefit the beleaguered villagers, and justify further UN inaction on Burma.  Gambarisclaim that the SPDC is ready to turn a new pageis based on a hint, not even a promise, that they might be vaguely willing to consider releasing Suu Kyi sometime in the future.  In Gambarismind this is all that is required to turn a new page; it does not require ending the mass attacks against Karen civilians, or doing something about nationwide systematic forced labour, extortion and other abuses committed by governmental and military authorities.  The latter are issues one only expresses concern about; they are too unpleasant to raise in serious negotiations.  So Gambari did nothing topress the SPDC on these issues.  He claims thathe pressed them to allow international humanitarian agencies access to Karen areas to deliver relief, but this is not the same as demanding an end to the attacks.  Moreover, even if the SPDC complied on this point, UN agenciesand big international non-governmental organisations would go in with the SPDC militaryand would obey gag orders to cover up human rights abuses as part of their negotiated programme agreements  like the missionaries of colonial days, providing necessary infrastructure for military control to extend further over Karen hill villagers, which is exactly the objective of the current offensive.  What is needed is for the attacks to stop; anything else is a bandaid solution which may even undermine the position of the villagers in the longer term.

As anyone who knows more than Gambari does aboutBurma can tell you, Daw Suu has already beenreleased three times only to be detained again a few months later.  Burma analyst Aung Zaw of TheIrrawaddy magazine has commented, The regime has consistently played the Suu Kyi card whenever itgot backed into a corner, either to relieve outside pressure or to stage a diplomatic coup to win hearts and minds at home and abroad.[6]  In 2002 her release was used by the SPDC tosuccessfully cover up a major offensive against villages in Dooplaya district of southern Karenstate in which 60 villages were forcibly relocated and destroyed, displacing over 10,000 villagers[7]  yet the media didnt report it,and after her release Daw Suu never mentionedit.  A year later the SPDC organised a violentattack against her at Depayin, then used this asjustification to place her back under house arrest.  Gambari is pushing for this cycle ofevents to repeat itself, so that the UN can once again escape the commitments voiced in the UN Security Councils April resolution.

In 1994 the UN took no action as Rwandans were slaughtered; the torrent of criticism afterward led the UN into an apparent process of reflection on how to better react next time.  It is now clear that this process went nowhere or was merely a smokescreen, for despite all the information available to him, the Secretary General is clearly determined not only to ignoreevents in Karen State, but to actively cover them up by having Gambari divert attention back to apotential release of Daw Suu.  Her release iscertainly worth pressing for, but not to the detriment of pressing for more widespread change that will affect the human rights of more than one person.  If it is democratic change we are after, then part of that has to be a recognition that Daw Suus life and freedom is neither morenor less precious than the life and freedom of any one villager in Karen State.  If the events in Karen State were happening anywhere in Africa, they would have been on the Security Council agenda long ago.  But unlike Rwanda, no one with any power is likely to call the UN to account afterward in this case, at least as long as the SPDC remains in power.  Annan knows this, as doesGambari, which is why Annan sent Gambari to briefthe Security Council on Burma in December rather than doing it himself as the Council had requested  in diplomatic body language, this is a clear indication that Annan does not supportBurmas addition to the Council agenda.  It isalso reflected in Gambaris emphasis in his May24th press conference that his trip had nothing to do with the Security Council; no doubt he emphasised the same to the SPDC leaders he met.

Already Gambaris statements are having theireffect: the Karen situation is dropping out of the international media, or becoming a mere footnote to the Suu Kyi story, even as theattacks escalate in Papun district.  However,Annan and Gambaris apparent belief that they canignore the Karen with impunity does not erase the UNs guilt or culpability.  Gambaris efforts topaint the SPDC as reformist and divert all focusonto hopes for a release of Daw Suu are at bestnaïve, ignorant of history, and misguided; at worst, complicit to genocide.  The Security Council is already betraying its own resolution passed less than a month ago by refusing to take up this issue, and along with the UN Secretariat they are once again betraying the victims of a deliberate genocide.  Here is the possible scenario, which is merely a repeat of 2002:  the SPDC hints that it may release Daw Suu; alldiplomatic efforts are shifted into that direction; incentives (carrots) to reward the SPDC for doing so are discussed internationally;the SPDC plays out its game for a month or two,alternately vilifying Daw Suu and then hinting ather release, gradually stoking international anticipation of a release to fever pitch; meanwhile, more battalions are sent into Karen state to massacre civilians, but no one in the outside world reports it any more because it is irrelevant and counterproductive to discuss such things when Daw Suu may be about to bereleased.  Finally, the SPDC releases her tomassive global relief and mutual congratulation, and expressions of great hope and a new dawn (just read the 2002 articles, those are the terms that were used); Annan and Gambari treat the caseas closed, the UN is saved from acting once again; the SPDC receives its economic incentivesas a reward;  Daw Suu and her NLD party make nocomment on the Karen offensives because this may hamper their prospects for serious power-sharing negotiations with the regime; her release has no impact on the attacks against villagers; more villages are burned; Daw Suu starts travellingoutside Rangoon; the SPDC engineers someincidents of unrest and uses these as justification to restrict her movements; a few months after her release, she is back under house arrest; hundreds of Karen villages lie in ashes, hundreds of villagers dead, over 20,000 more now displaced, but without a whimper from the international community; Annan, Gambari and theSecurity Council are talking about the Sudan again.  Once again, Burma is not news anymore, at least until this whole cycle repeats itself two or three years hence  but just like now, when that happens no one will be talking about what happened last time.  And no one will bring the dead Karen villagers back to life, especially not a smiling Ibrahim Gambari.

Gambari may think that his actions reflectpolitical expediency; that a release of Daw Suuwill lead to improvement in the human rights situation.  But history shows us that her many releases have never led to any improvement in human rights conditions in Karen State, or for that matter anywhere else in rural Burma.  Moreover, political expediency cannotjustify betraying core principles.  Through his current actions and statements covering up the abuses against Karen civilians, Ibrahim Gambariis betraying the Karen people now struggling to survive in northern Karen State.  He is also betraying the United Nations Charter, which includes upholding human rights as one of the organisations fundamental functions.  He is betraying international human rights conventions, particularly the Genocide Convention, and international humanitarian law as specified in the Geneva Conventions, and he is betraying the 28 resolutions on human rights in Burma passed in recent years by the UN General Assembly and the Commission on Human Rights.  He, and the Secretary-General he represents, need to be called to account.

Endnotes

[1] UN Security Council Resolution S/RES/1674 (2006), Article 26.
[http://www.un.org/News/Press/docs/2006/sc8710.doc.htm]
26. Notes that the deliberate targeting of civilians and other protected persons, and the commission of systematic, flagrant and widespread violations of international humanitarian and human rights law in situations of armed conflict, may constitute a threat to international peace and security, and, reaffirms in this regard its readiness to consider such situations and, where necessary, to adopt appropriate steps;

[2] Press conference on Myanmar by Under-secretary-general for Political Affairs, United Nations Department of Public Information, News and Media Division.  May 24th 2006. [SEE BELOW  OBL]

[3] Ibid. [SEE BELOW]

[4] Myanmar may be paving way for Suu Kyisrelease: UN, Agence France Presse, May 23rd 2006.

[5] Press conference on Myanmar by Under-secretary-general for Political Affairs, United Nations Department of Public Information, News and Media Division.  May 24th 2006. [SEE BELOW]

[6] Countdown to Freedom, The Independent (London), May 22nd 2006.

[7] See http://www.khrg.org/khrg2002/khrg02c1.html
Commentary #2002-C1, September 2002.

Karen Human Rights Group

2) STATEMENT BY THE UN SECRETARY-GENERAL, 26 MAY 2006

 

Last week, Under-Secretary-General for Political Affairs Ibrahim Gambari visited Myanmar and hadthe opportunity to meet General Than Shwe as well as Daw Aung San Suu Kyi.

This is a welcome development for he was the first foreigner to see her in two years. Aung SanSuu Kyi has spent 10 of the past 16 years in detention or under house arrest.

The government will be reviewing her status within 24 hours.

I take this opportunity to appeal to Gen. Than Shwe and the government to release her.

I believe her release will facilitate national dialogue and allow the National League for Democracy to participate in that dialogue.

I think it would be in the interest of Myanmar, the region and the world at large.

It would also allow the government and the people, not only to build the nation together, but to focus on the essential issue of economic and social development.

For the democratic process and the reconciliation process to be truly successful, it has to be inclusive. And she has a role to play. And I'm relying on you Gen. Than Shwe to do the right thing.

Bangkok, Thailand

May 26, 2006

UN FALLING FOR REGIME SPIN?

The Burma Campaign UK today expressed deep concern about comments madeyesterday by UN Under-Secretary General Ibrahim Gambari, following hisrecent visit to Burma.

This is not a new chapter or new page as Gambari claims, it is thesame old story, said Yvette Mahon, Director of the Burma Campaign UK.  Theregime dusted off and delivered the same speech about their commitment tochange that they give every new UN envoy.  There is nothing new here, just moreempty promises. I can t believe the UN is falling for it again.

The Burma Campaign UK also warned that even if Aung San Suu Kyi isreleased on Saturday this should not be interpreted as a sign on change on thepart of the regime.  Aung San Suu Kyi s release, although very welcome,would simply take us back to where we were ten years ago , said Yvette Mahon. The regime uses Aung San Suu Kyi as a bargaining chip, releasing herwhenever international pressure grows. Right now the regime is very worriedabout potential action by the UN Security Council. If they release Aung SanSuu Kyi it will be a tactic to try to head off UN action.

Based on Gambari s comments that: we will have to give it time ofcourse to see where things are headed it seems the regime has already partwaysucceeded in once again delaying international action.  Burma's dictator, Than Shwe, is a specialist inpsychological warfare, and has been verysuccessful is using these skills to dupe the international communityand avoid action by the United Nations.

As the generals smiled and posed for pictures with Gambari over the weekend, their soldiers continued their military offensive against Karencivilians, with more than 16,000 people now forced to flee their homes.

Intimidation of NLD members continues, and more than 1,100 political prisonerslanguish  in jail, many regularly tortured. Despite 15 years of promises of change,the regime in Burma has not made a single democratic reform. The UnitedNations has passed more than 27 resolutions on Burma, all of which the regimehas ignored.

Gambari did not secure a single concrete reform on his visit.  If theregime is genuine about change it could release all political prisoners today. It could allow the NLD to re-open its offices, and it could stopslaughtering unarmed civilians.

This regime has fooled the international community too many times inthe past, said Yvette Mahon.  It has proved that it has no interest ingenuine negotiations, and so must be forced to reform.  The UN Security Councilmust pass a binding resolution requiring the restoration of democracy inBurma.

4) STATEMENT BY AIPMC CALLING FOR AUNG SAN SUU KYIS IMMEDIATE RELEASEAND ON THE RECENT VISIT TO BURMA BY THE UNITED NATIONS ENVOY IBRAHIM GAMBARI  24 MAY 2006

 

 

STATEMENT BY AIPMC CALLING FOR AUNG SAN SUU KYI'SIMMEDIATE RELEASE AND ON THE RECENT VISIT TO BURMA BY THE UNITED NATIONS ENVOY IBRAHIM GAMBARI

The ASEAN Inter-Parliamentary Myanmar Caucus (AIPMC) is greatly concerned that Burma'spro-democracy icon Aung San Suu Kyi will not bereleased from house-arrest come May 27, 2006 when her detention period is due to end.

The military government in Burma had, in November 2005, extended Suu Kyis house-arrest period fora further six months and we fear that they would again act no differently. We strongly call on the junta, especially its leader Senior-General Than Shwe, to respect international practices of humanrights and justice by unconditionally releasing Suu Kyi when her current house-arrest term expires.

Nobel Peace Prize Laureate Suu Kyi has been keptunder detention for the past three years. The de-facto Burmese authorities have not charged her with a crime and have kept her a prisoner in her own home.

It is high time that the junta discontinues its harassment and intimidation of the Burmese peoples chosen leader and takes concrete measures in allowing her the right to live freely. AIPMC finds it is extremely unacceptablethat Suu Kyi has been detained for over 10 of thepast 16 years of her life for committing no apparent crime.

Her peaceful struggle to bring democracy and democratic reforms to her land is no cause for the military regime to deny Suu Kyi her basicrights. AIPMC vehemently calls on the junta toaccord freedom to Burmas symbol of peace.

AIPMC also urges the United Nations (UN) todemand that the Burmese Generals release Suu Kyiimmediately. The United Nations Under-Secretary General for Political Affairs Ibrahim Gambarisrecent visit to Burma, while well received, must be validated by concrete actions to address Burmas dire situation.

Gambaris upcoming briefing of the UN SecurityCouncil (UNSC) on his trip to Burma is timely andwelcomed. We urge the UNSC to then actaccordingly by initiating concrete steps to resolve the political deadlock, as well as thedeteriorating social and economic conditions, in Burma.

On April 28 this year, the UNSC adoptedresolution 1674 (2006), which was its strongest condemnation yet of the violence committed by Burma's military against civilians during armed conflict. We call on the Council to substantiate that move by adopting a resolution on Burma that would empower them to intervene in Burmas crises. It is time for real action. It is time for a new, democratic and peaceful Burma.

5) FURTHER LINKS

 

Threat to the Peace: A Call for the UN Security Council to Act in Burma
(Vacláv Havel, Desmond Tutu)
http://www.ibiblio.org/obl/docs3/threat.pdf
download here 0.5Mb

Dying Alive - A Legal Assessment of Human Rights Violations in Burma
(Guy Horton)
http://www.ibiblio.org/obl/docs3/Horton-2005.pdf
download here 4.9Mb