Prime Minister Yukio Hatoyama

Foreign Minister Katsuya Okada

Request for the Japanese Government to Assume a Leadership Role in the Democratization of Myanmar

 

Requests:

In light of the fact that the general election of Myanmar is scheduled to be held by the end of the year, we request the Japanese Government to assume a leadership role in order to achieve the democratization of Myanmar and the safeguarding of human rights as quickly as possible.  Specifically, we request that the Japanese Government urge the Myanmar military regime to do the following:

1.     Release all political prisoners, including Aung San Suu Kyi, and ensure that democratic opposition and all ethnic groups are able to participate in the general election without persecution and freely conduct their activities prior to the 2010 General Election;

2.     Halt all persecution and attacks on ethnic minorities; 

3.     Enact new election laws to ensure that a free, fair, and transparent election that guarantees participation to all voters, political prisoners, and relevant stakeholders can take place; and

4.     Engage in negotiations with the democratic opposition and ethnic groups regarding amendments to the constitution adopted by public referendum in 2008.

 

Additionally, we request the Japanese Government to encourage the international community, including neighboring countries, to take collective action on this issue.

 

Reasons for Requests

      I.         Present Situation

The Myanmar military junta continues to commit grave violations of human rights, including the suppression of democratization efforts and the persecution of minority ethnic groups, which has resulted in the silencing of voices calling for democratization.[1] 

The Myanmar junta drafted a new constitution in 2008, ignoring opposition from democracy groups, and forced a people's referendum to enact it in spite of the fact that the country had recently been devastated by a cyclone.  They further announced their intention to hold a general election in 2010 as part of their own "Administrative Transition Process".  According to most recent reports, the election is scheduled to take place in October this year.[2] 

It is impossible to consider this general election as a step forward on the road towards democratization unless a free election is guaranteed which is open to the democratic opposition and ethnic minorities . Something that merely takes the shape of a general election but excludes the democratic opposition will only reinforce the dictatorship and allow the suffering to continue. 

However, no date has been set for the general election, nor has there been any election law reform.  The constitutional clauses making political prisoners such as Aung San Suu Kyi ineligible for election, as well as statutes suppressing freedom of speech and political campaigns, are still in effect. 

Although NLD Vice-Chairperson Tin Oo was recently released, there is still nosign that the release of all 2000 political prisoners still in custody, including Aung San Suu Kyi, will be achieved before the election.  The question now is what the role of the international community, including Japan, will be in the democratization of Myanmar, and whether it will stand by and let an election take place under these circumstances. 

 

     II.         Proposals of the Myanmar Democratization Movement

The NLD, along with 10 other pro-democracy and ethnic groups, adopted and published a "Proposal for National Reconciliation" last year in anticipation of the upcoming general election.  This was a unified proposal for the general election resulting from relationships of trust between democratic opposition and ethnic group leaders developed over many years, and months of regular conferences. 

It is vital that the international community, beginning with Japan, respect and heed the fervent voices of the democratic opposition and ethnic groups in conducting their diplomatic efforts in aid of the democratization of Myanmar. 

The "Proposal for National Reconciliation" stresses the development of trust as a first step towards democratization, and seeks the following in order to achieve such trust:

1.     The immediate, unconditional release of political prisoners, including Aung San Suu Kyi.

2.     Declaration of a national cease fire and cessation of all acts of aggression, as well as a mutual guarantee of safety

In addition, talks should be held with the democratic opposition and ethnic groups in order to reevaluate the constitution pushed through in 2008.  The constitution should be clarified in the areas of national reconciliation, separation of powers (a representative Congress and an independent judiciary), guarantee of human rights, and the recognition of the rights of ethnic groups. 

Furthermore, the Proposal suggests that the general election be premised on a reform of election laws, including the following:

1.     Establishment of a new Election Administration Committee and a determination of the date and method of the election.

2.     Protection of freedom to establish political parties, freedom of expression, and the right to conduct political activities for parties.

3.     Guarantees of the right to vote for all citizens and of a fair and transparent counting system

4.     Acceptance of international Election Monitors

5.     Respect for election results.

These are reasonable requests which are consistent with the demands that the international community, including the UN, have continued to make.  Presently, civil unrest continues and members of ethnic minority groups continue to be persecuted and killed by the junta.  In order to achieve national reconciliation and a fair election, it is critical that both sides cease all acts of aggression and guarantee mutual safety. 

In 2009, the UN General Assembly adopted a resolution on the human rights situation in Myanmar by majority vote, in which Japan voted in the affirmative.  This resolution is generally consistent with the requests of the democratic opposition, and includes: the unconditional and immediate release of all 2000 political prisoners in custody, including Aung San Suu Kyi (Clauses 2 & 3); the urgent establishment of a forum for Aung San Suu Kyi, other leaders of the democratic opposition, and ethnic groups to undertake a genuine dialogue on national reconciliation and a transition to democracy (Clause 4); the enactment of election laws that allow participation by all voters, political prisoners, and relevant stakeholders to achieve a free, fair, transparent, and inclusive election (Clause 5); protection of the freedoms of assembly, association,  expression, and movement (Clause 6); concerning the constitution that was enacted in exclusion of the democratic opposition, the transparent and comprehensive review of its compliance with international human rights law (Clause 8); the respecting of ceasefire agreements, international human rights and humanitarian law, and the cessation of all attacks on ethnic minorities (Clauses 11 & 12).[3] 

 

   III.         The Japanese government has not sufficiently fulfilled its role

Now more than ever, the world is looking to Japan to  take advantage of its position as an Asian country which has maintained ties with Myanmar to take a leadership role with the goal of the democratization of Myanmar.  There has been a complete diversion of opinions between the West, which has taken a hard line stance, and China and ASEAN, which have been reluctant to criticize the junta, leading to a lack of initiatives with clear political intent.  Japan is in a unique position which it may be able to use to take initiative in the democratization of Myanmar and cooperate with neighboring countries, align the West, and serve as the unified voice of the international community in proposing a specific course of action to the junta.  In addition, an arbitrator between the junta and democratic opposition is being sought, and Japan may also be able to fill that role. 

The most important things to keep in mind are not to compromise on or deviate from the principles of democracy or human rights, and to value the opinions of the Myanmar democratic opposition and ethnic groups.

Foreign Minister Okada since taking office has repeatedly expressed his hopes for the Myanmar general elections in various forums including talks with the junta.  On January 17^th, he communicated his fervent hope that all political prisoners including Aung San Suu Kyi would be released prior to the general election scheduled for this year, and that the election would be free, fair, and inclusive of all relevant parties.  While we commend his stance, we cannot say that it alone is sufficient. 

We seek urgent and proactive diplomatic efforts, including: expressing concern regarding junta's failure to publicly announce an election date or plan the release of political prisoners; making a declaration that an election without the release of political prisoners or the participation of all parties cannot be recognized by the international community; and calling upon China and ASEAN to take cooperative action. 

 

   IV.               In the 20 years since the military junta ignored the results of the 1990 general election and established a dictatorship, suppression by the junta and attacks and persecution of ethnic minorities have been continuously repeated. In this time, there has been no sign that peace and stability will be established.  In order to improve the situation in Myanmar and for all Myanmar citizens to be able to enjoy a healthy, cultured life in peace and stability, governance by a democratically elected, legitimate government is imperative. 

The "Proposal for National Reconciliation" represents the joint opinions of the democratic opposition and various ethnic groups, written with an understanding of the underlying circumstances and the aim of truly placing the future of Myanmar in the hands of its people.  In order for the future of Myanmar to be one filled with hope, the military junta must respect the requests of the democratic opposition and ethnic groups, and engage in open dialogue. 

We hereby hope and request that the Japanese government will carry out a leading role in promoting the democratization of Myanmar by adequately respecting the views of the democratic opposition and ethnic groups, and cooperating with the international community, beginning with the Asian states, and to strongly urge the Myanmar junta to realize a fair election that all relevant parties may participate in freely and without fear. 

 

Human Rights Now (NPO)

February 10, 2010

 

For the full text of the Proposal for National Reconciliation, see http://www.ncgub.net/NCGUB/mediagallery/download85d1.pdf?mid=20091023154306771

 

 

Human Rights Now

info@ngo-hrn.org

3F Marukou Building, 1-20-6 Higashi Ueno, Taito-ku, Tokyo 110-0015 JAPAN

    Tel：+81-3-3835-2110　Fax：+81-3-3834-2406

President: Kohki Abe

Secretary General: Kazuko Ito

 

Background for Requests

1.           The democratization movement in Myanmar began in March of 1988 but was suppressed by the military junta, which assumed political control in September of that year.  Despite an overwhelming victory by the NLD led by Aung San Suu Kyi in the general elections of 1990, the junta continues to refuse to relinquish its position. 

Once the junta gained power, they totally suppressed peaceful demonstrations for democratization, took numerous democratic activists into custody as political criminals, and repudiated the freedoms of assembly and expression.  Democratic movement leader and Nobel Peace Prize winner Aung San Suu Kyi has been placed under house arrest and denied physical liberty for years.  Over 2000 others have also been imprisoned for political crimes.  Additionally, the junta continues to violate the human rights of ethnic minorities through persecution, attacks, rape, torture, and enslavement, and there have been examples of judicial opinions classifying these acts as crimes against humanity.[4] 

 

2.           Following the junta's July 2008 announcement of an increase in prices for fuel and household goods, protests by monks and civilians seeking democratization spread across the country.  The junta responded with brutal, armed suppression efforts, firing upon peaceful demonstrators.  Many casualties resulted, including the Japanese journalist Kenji Nagai.

At its 5^th Special Session held on October 2^nd, 2007, the UN Human Rights Council adopted a resolution regarding the situation of human rights in Myanmar (to which Japan voted in favor).  This resolution deplored the violent suppression of the rallies, called for  an end to human rights violations, and urged that restriction on the freedoms of expression, peaceful assembly, and association be lifted.  It also called for the timely release of all those arrested in the suppression of the protests, including Aung San Suu Kyi and other political prisoners, and recommended dialogue with the democratic opposition. [5] However, not a single one of these requests have been met. 

 

3.           The military junta forced a constitutional national referendum on the 10^th and 24^th of May, 2008.  They announced on the 26^th that the constitution proposed by the junta had passed with 92.48% of the votes, with a participation rate of 98%. 

However, this referendum was conducted under rules that only the junta had established, making it impossible to recognize the legitimacy of its outcome.  Most Myanmar citizens were never given an opportunity to learn of the substance of the proposed constitution, the democratic opposition to the constitution was deprived of freedom of expression or activity, and the nation had just been devastated by a cyclone.  There are many reports suggesting that citizens voted affirmatively under orders from the government, without even being told what they were voting for. 

Additionally, this new constitution was drafted unilaterally by the military junta, and the democratic opposition was completely excluded from the deliberative process.  The constitution as adopted is incompatible with democracy or with respect for human rights.  The constitution is a highly problematic document.  For example, it sets aside 110 of the 440 seats in congress, or a quarter of the entire legislature, to be filled by appointment by the junta.  Additionally, fundamental human rights are only guaranteed as long as they do not conflict with maintaining national order or with existing domestic law, and it excludes democratization leader Aung San Suu Kyi, other political prisoners, and the democratic opposition from the political process by making those convicted of criminal offenses or those married to foreigners ineligible to vote. . 

 

4.           The junta, however, claims that the new constitution was approved by the national referendum, and plans on conducting a general election in 2010 based on its provisions. 

Although the new constitution claims to guarantee human rights, severe repression of the democratic opposition continues.  This because human rights being protected only insofar as they do fall within existing domestic law, and harsh suppression laws repudiating the freedoms of speech, assembly, and association are still in effect even after the adoption of the constitution.  These laws continue to form the justification for oppression efforts. 

On November 11, 2008, the junta sentenced at least 23 prominent democratic activists responsible for organizing the demonstrations of July and August, 2007 to 65 years in prison, effectively giving them life sentences.  Those sentenced to 65 years were the activists of 88 Generation Students (a group of students who were active in the 1988 democratization movement), and included Min Ko Naing.[6] 

Many others who participated in the democratization efforts of 2007 have also been given long sentences.

Additionally, the junta charged democratization movement leader Aung San Suu Kyi with violating the terms of her house arrest and transferred her to Insein prison in May of 2009.  By August they had returned a guilty verdict, and she remains under house arrest today.  Her house arrest itself has been condemned by the international community as arbitrary imprisonment, and a criminal sentence based on violations of such illegal imprisonment has been further condemned as showing reckless disregard for the law. 

According to recent reports, the junta has mentioned the possibility of releasing Aung San Suu Kyi by the end of the year, but this is not expected to occur until after the October general elections.[7] 

In February of 2010, the military junta released NLD vice-chairman Tin Oo upon completion of his sentence.  While the international community welcomed this development, there are still 2000 political offenders imprisoned under atrocious conditions.  A symbolic release of this sort is nothing more than a trite method of gaining favor with the international community.  Releases of single individuals or even a handful of political prisoners makes no difference to the plight of political prisoners generally. 

 

5.           Japan has voted affirmatively in the UN General Assembly resolutions on Myanmar adopted in 2008 and 2009. 

The 2009 resolution makes numerous requests, including: the unconditional and immediate release of all 2000 political prisoners in custody, including Aung San Suu Kyi (Clauses 2 & 3); the urgent establishment of a forum for Aung San Suu Kyi, other leaders of the democratic opposition, and ethnic groups to undertake a genuine dialogue on national reconciliation and a transition to democracy (Clause 4); the enactment of election laws that allow participation by all voters, political criminals, and relevant stakeholders to achieve a free, fair, transparent, and inclusive election (Clause 5); protection of the freedoms of assembly, association, expression, and movement (Clause 6); concerning the constitution that was enacted in exclusion of the democratic opposition, the transparent and comprehensive review of its compliance with international human rights law (Clause 8); the respecting of ceasefire agreements, international human rights and humanitarian law, and the cessation of all attacks on ethnic minorities (Clauses 11 & 12).

 

6.           In 2009, various organizations came together and presented a unified "Proposal for National Reconciliation".  These organizations included the National Coalition Government of the Union of Myanmar, the National Council of the Union of Bruma, the Ethnic Nationalities Council, the Women's League of Bruma, the Forum for Democracy in Bruma, the Students and Youth Congress of Bruma, the Nationalities Youth Forum, and the National League for Democracy. 

The Proposal states: "We, who represent different political organizations, believe that national reconciliation is a necessary requirement for the nation today.  Through national reconciliation we can build national unity."  The joint proposal for national reconciliation, elaborated the preconditions necessary for the advancement of democratization and the end of civil war, and sought a peaceful transfer to democracy through dialogue with the military junta.  Furthermore, it serves to inform the international community of the collective stance of the democratic opposition and various ethnic groups, and is a plea for the international community to play a more active role in building the country's future. 

 

 

For the full text of the Proposal for National Reconciliation, see http://www.ncgub.net/NCGUB/mediagallery/download85d1.pdf?mid=20091023154306771