Many international organizations and non-governmental organizations (NGOs) are
highly critical of the human rights situation in Myanmar. The United States and
the European Union have imposed sanctions designed to put pressure on the
regime, while human rights activists and many media have reported serious
allegations of abuse.
The criticism covers three main areas.
1. Civil liberties and political dialogue
The country has been governed by a succession of military regimes
since 1962. A new generation of military rulers came to power in 1988
following student
demonstrations against the lack of civil liberties and poor management
of the country's economy. The protests were repressed by the
new government, which then declared that it would manage the transition
to democracy.
Elections
were held in 1990, but when ruling authorities lost to the National League
for Democracy (NLD),
a coalition led by Aung San Suu Kyi, they refused to transfer power
to the winners.
Despite the pledges made, proponents of democracy were tracked down and
imprisoned. No genuine political dialogue was established between the military
junta and the party leaders, whose activities were severely restricted.
In late May 2003, during a political tour in the provinces,
members of the NLD were attacked and imprisoned. The number
of victims
is unknown. Aung San Suu Kyi was spirited away (placed in "protective
custody," according to government officials) and has been
under house arrest since October 2003. Total voiced its
concern in the wake of these
events, which were a serious setback on the road to national
reconciliation. In 2004, it appeared that national reconciliation
was on the agenda, supported by the possible introduction
of a new constitution, in line with the roadmap published
by former Prime Minister Khin Nyunt. Prime Minister Khin Nyunt was ousted in October 2004, when he, colleagues and relatives were placed under arrest. Senior General Than Shwe and General Maung Aye consolidated their paramount power. Implementation of the roadmap continued, but at a much slower pace, triggering international protests. Aung San Suu Kyi's detention is regularly renewed, and opponents of the regime continue to be hounded. As well, the ILO is still denouncing the ongoing practice of forced labor.
2. Methods used to repress rebellion by ethnic
minorities
Myanmar is home to 135 different ethnic groups, the largest of which
is the Burman, accounting for around 55% of the population. Other groups,
such as the
Shan, Kachin, Mon and Karen,
have strong cultural identities and are also present in large numbers.
The social pact between the peoples of Myanmar is
fragile, and very strong splintering forces have fueled uprisings by
a number of minorities - some of which, like the Karen, have been fighting
for more than 50
years. The Myanmar Army, which perceives itself as the guarantor of national
unity, has stepped up its actions against rebel minorities since 1988.
Human rights activists have denounced the repression, which they allege
has involved forced
relocation, conscription, including of children, rape, torture, summary
executions and the razing of villages.
The Myanmar army appears to have recently resumed military action against ethnic groups.
3. Forced labor
Conscription of local villagers by the government and the Army to
work without pay to build public infrastructure or to perform other
tasks is a long-established practice in Myanmar, as this is also the
case in other underdeveloped countries that lack an established tax
base. Although this practice dates back to British colonial times and
was codified in the Town Act of 1907 and the Village Act of 1908, it
has been censured in recent years by the International Labour Organization
(ILO)..
Under Article 26 of its Constitution, the ILO created a Commission of Inquiry
to examine Myanmar's observance of the Forced Labor Convention, 1930. In 1998,
the commission published a very detailed report based on interviews with a large
number of Myanmar nationals and witnesses from non-governmental organizations.
In particular, the report criticized the conditions under which the Army
recruited villagers as porters or for other tasks such as military camp work,
growing food for soldiers and performing road maintenance, and the abuses that
sometimes accompanied them, such as extortion of money and ill treatment.
The report served as a foundation for critical dialogue between the ILO and
the Myanmar government. One positive outcome was the repeal in 1999 of the
Village Act and the Town Act, thereby making forced labor illegal in Myanmar.
Another was the appointment of an ILO representative to Yangon to liaise with
the government, observe the situation and implement aid programs to progress
change.
Although national legislation has recently been brought
into line with ILO principles, forced labor still exists
in Myanmar. Eradicating
this deeply rooted historic practice would demand a sustained
commitment on the part of the government. In response to persistent recourse to forced labor, the ILO has threatened to institute proceedings against Myanmar in the International Criminal Court. The government of Myanmar unconvincingly refutes the allegations.
Indeed, according to the ILO, the only region in the country
in which forced labor has ceased is the area in which the
Yadana gas pipeline was built. Long before the government’s
dialog with the ILO started, Total helped bring about a change
in those practices by clearly and repeatedly demonstrating
its opposition to forced labor in response to allegations
regarding local incidents that came to Total’s attention.
