ASIA-PACIFIC: Active Inaction: How the International Community is Failing Burma

According to the United Nations Special Rapporteur on Human Rights in Myanmar the Swan Arr Shin ‘which has no legal status, is a grassroots force composed of civilians who reportedly assist the authorities in providing law enforcement, paramilitary services and military intelligence without being on the payroll of the Government. It includes members of the fire brigades, first aid organizations, women's organizations and USDA, as well as criminals/convicts released from jails, members of local gangs and the very poor and unemployed’., Pinheiro Paulo Sérgio , Report of the Special Rapporteur on the situation of human rights in Myanmar, mandated by resolution S-5/1 adopted by the Human Rights Council at its 5th Special Session, A/HRC/6/14 (7 December 2007).

First visit was 29 September to 2 October 2007. For the official record of his briefing to the UNSC, see http://www.un.org/news/dh/infocus/myanmar/gambaricouncil.htm at 22 January 2008.

Moe Wai , Security Council to Meet Again on Burma (2008) The Irrawaddy http://www.irrawaddy.org/article.php?art_id=9965 at 25 February 2008.

UNSC briefing, above n 2.

United Nations Office at Geneva, ‘Human Rights Council concludes Sixth Session’ (Press Release, 14 December 2007) http://www.unog.ch/80256EDD0006B9C2E/(httpNewsByYear_en)/E6E04B0F3C120F04C12573B000609E9A?OpenDocument at 8 February 2008

The first ever debate on Burma was held at the Security Council in December 2005 with a second briefing on Burma occurring in May 2006.

United Nations Security Council, Presidential Statement S/PRST/2007/37, 11 October 2007 http://www.un.org/News/Press/docs/2007/sc9139.doc.htm at 8 February 2008.

In December, the Security Council Working Group on Children in Armed Conflict considered Myanmar, which has the world's largest number of child soldiers. The Working Group was established pursuant to Security Council Resolution 1612 (2005) to promote the protection of children in armed conflict through a monitoring and reporting mechanism, and to make appropriate recommendations to the Security Council and other UN system bodies.

In July 2007, the UN Working Group on Arbitrary Detention considered Aung San Suu Kyi's case for a fourth time concluding that ‘[t]he deprivation of liberty of Ms Aung San Suu Kyi is arbitrary being in contravention of Articles 9, 10 and 19 of the Universal Declaration of Human Rights and falls under category II and III of the categories applicable to the consideration of cases submitted to the Working Group’ and called for her immediate and unconditional release. See United Nations Working Group on Arbitrary Detention, Opinion No 2/2007, (MYANMAR) ‘Communication addressed to the Government on 10 July 2006. Concerning Ms. Aung San Suu Kyi’ http://www.fredom-now.org/documents/WorkingGroupOpinionNo.2-2007.pdf at 25 February 2008.

Editorial, ‘A forgotten crisis’, Washington Post (Washington), 21 January 2008 http://www.burmanet.org/news/2008/01/21/washington-post-a-forgotten-crisis-editorial/ at 22 January 2008

Joshi Vijay , Gambari to Meet with Asian Leaders despite Cancelled Address before Annual Summit (2007) The Irrawaddy http://www.irrawaddy.org/article.php?art_id=9368 at 28 January 2008

‘Prime Minister General Khin Nyunt explains future policies and programmes of the State’ New Light of Myanmar (Burma) 31 August 2003, including the 7-step roadmap to democracy: 1 Reconvening of the National Convention that has been adjourned since 1996; 2 After the successful holding of the National Convention, step by step implementation of the process necessary for the emergence of a genuine and disciplined democratic system; 3 Drafting of a new constitution in accordance with basic principles and detailed basic principles laid down by the National Convention; 4 Adoption of the constitution through national referendum; 5 Holding of free and fair elections for Pyithu Hluttaws (Legislative bodies) according to the new constitution; 6 Convening of Hluttaws attended by Hluttaw members in accordance with the new constitution; 7 Building a modern, developed and democratic nation by the state leaders elected by the Hluttaw; and the government and other central organs formed by the Hluttaw. For a detailed description and analysis of the roadmap, see National Convention: Roadmap to Instability (2007) Alternative ASEAN Network on Burma http://www.altsean.org/Reports/NCRoadmaptoinstability.php at 25 February 2008.

Lieutenant General Khin Nyunt fell from grace by being allowed to retire for health reasons in October 2004, and is currently being detained in Burma's notorious Insein Prison, the detention centre to which he sent thousands of political activists and students over his many years as head of Burma's military intelligence apparatus.

‘Prime Minister General Khin Nyunt explains future policies and programmes of the State’, above n 12.

This massacre had occurred on the 30 May 2003, resulted in the death of least 70 people associated with the National League for Democracy and the arrest and detention of hundreds of Aung San Suu Kyi supporters and was widely condemned by the international community.

National Convention: Roadmap to Instability (2007), above n 12.

Ethnic nationality groups including those who had entered into ceasefire agreements with the military, as well as the winner of the 1990 multi-party elections, Aung San Suu Kyi's National League for Democracy (NLD), have repeatedly proposed steps to salvage the National Convention along the way and transform it into a venue for genuine dialogue. However these recommendations have been rejected by the regime at each and every step.