The Asean Intergovernmental Commission on
Human Rights (AICHR) will meet in Rangoon starting this Sunday to finalize the
draft of the long-awaited Asean Human Rights Declaration (AHRD).
Held in
a country that has for the past year made headlines in the international media
for its reforms, this event might be seen by some as evidence of a “new” Asean
and a “new” Burma. However, looking at it as an Asean citizen and a longtime
activist for democracy and human rights in Burma,
I see
something entirely different.While the AICHR will be discussing a human rights
document that is supposed to protect our fundamental rights, I will be thinking
of my Kachin brothers and sisters. For the past year, they’ve seen their
villages burnt, fathers and brothers tortured or killed, and had mothers,
sisters and daughters raped by Burma Army soldiers.
I will
also be thinking of my colleagues still languishing in prisons for the simple
reason that they decided to speak up for people’s rights and for a better
Burma. There are still hundreds of them behind bars, forgotten by the
international community.
That
Burma is changing is hard to deny, but for activists, ethnic people or myself,
Burma is still a long way from being a country where people’s human rights can
be respected and protected.
Some
will say that it doesn’t matter where the AICHR meetings are held—what matters
is what the commission does. But at the same, the international community must
not make the mistake of believing that simply playing host to the commission’s
meeting is any indication of Burma’s commitment to combating human rights
abuses.
Indeed,
you don’t have to dig very deep to realize that the AICHR itself is nothing
more than a cover for the poor human rights records of most Asean governments.
AICHR’s
current way of functioning bears unfortunate similarities to how Burma’s
government operates. The commission’s opaque manner is inconsistent with its
stated aims and democratic principles. Its key documents, including the draft
of the AHRD, have not been made public despite an appeal by more than 100 civil
society organizations and networks all across the Asean region.
The UN
high commissioner for human rights, Navi Pillay, highlighted the flaws in the
AIHCR’s way of doing things when she said: “The process through which this
crucial Declaration is adopted is almost as important as the content of the
Declaration itself. … I very much hope that AICHR recognizes the value of
holding meaningful consultations with people from all walks of life, in every
country across the Southeast Asia region.”
Consultations
at the national level started but only in countries where the representatives
were willing to do so, namely Thailand, the Philippines, Indonesia and soon
Malaysia. Moreover, since the consultations are done without access to the
draft document, it seems more like a face-saving exercise than a genuine
interest in hearing people’s voice.
The
AIHCR’s lack of transparency unfortunately matches that of Burma’s own
corresponding body, the Myanmar National Human Rights Commission (MNHRC),
formed 10 months ago. Like the AICHR, the MNHRC is currently drafting its
enabling law. Regrettably, despite the calls of civil society to see the draft,
its content remains secret—a ridiculous situation given that the new law is
supposed to establish the commission in charge of protecting and promoting the
rights of Burma’s citizens.
Any law
that can’t stand public scrutiny is likely to be little more than a placebo.
Moreover, similar procedures are used in the Parliament, where new draft laws
are adopted without a chance for the public to comment on, add to, or discuss
the very texts that are meant to guarantee the rights of Burma’s people.
However,
thanks to the perseverance of regional civil society groups, a leaked draft of
the AHRD was finally obtained. I had a glance at the leaked document and it was
like a bad case of déjà vu.
The
limits placed on people’s enjoyment of human rights in the declaration are
purposely vague and broad, making it easy for the government to interpret them
for its own convenience. Terms such as “national security” and “moral values”
litter the document, providing the authorities with handy pretexts for
restricting rights whenever they see fit.
Worryingly,
the draft law echoes Burma’s military-drafted 2008 Constitution, Article 354 of
which states that people can enjoy the freedom to express themselves, assemble
and form associations “if not contrary to the laws, enacted for Union security,
prevalence, law and order, community peace and tranquility or public order and
morality.” One needs only to look at the list of remaining political prisoners
in Burma to see how such a limitation is used to stifle freedom of expression
and assembly.
Given
these shortcomings, it seems to me that the AICHR is more likely to protect our
governments and leaders than us, just as Burma’s reform process will benefit
the army and its business cronies far more than it will ordinary citizens.
With
the AICHR meeting approaching, I, as an Asean citizen, question why I don’t
have the right to access and comment on a document that is supposed to protect
my human rights. Similarly, as a person from Burma, I also question why I can’t
freely participate in the changes that I have been fighting for for more than
two decades.
I would
therefore like to tell Burma’s representative at the AICHR that it is not too
late: if Burma is truly on the way to greater democracy and transparency, the
AICHR must organize a public consultation with the independent civil society,
community-based organizations and networks of our country.
I would
also like to tell Burma’s government and MPs not to be afraid of the people’s
ideas and their participation in the public life of our country. Unless the
people can take ownership of the transition process, it is bound to fail.
Aung
Myo Min
Aung
Myo Min is the founder and director of the Human Rights Education Institute of
Burma. The views expressed here are his own.
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