Introduction |
Burma (Myanmar since the military changed its official name in 1989), has been governed by authoritarian military regimes since 1962. In 1990, the pro-democracy parties gained over 80% of seats in the elections, which were considered free and fair, but a military junta refused to recognise the results. The main opposition leader, leader of the National League for Democracy (NLD), and Nobel Peace Prize winner, Aung San Suu Kyi, has remained under house arrest for most of the time. She was finally released on 13 November 2010. Suu Kyi has spent 15 of the last 21 years imprisoned or deprived of her freedom, whether in prison or under house arrest. The military government has not taken any other measure to release over 2,100 political prisoners.
Legislative elections were held in November 2010, the first in 20 years. In accordance with the results reported by the government, the Union Solidarity and Development Party, supported by the military junta in power, would have gained around 80% of seats, while participation would be around 70%. The elections were considered fraudulent and not free by the internal political opposition. The US president Barack Obama, and other leaders from the international community considered that these elections were "neither free nor fair."
The State Peace and Development Council (SPDC), which represents the military junta, govern the country by decree. Smaller Peace and Development Councils are active in villages and regions and control all aspects of their inhabitants' lives. Women may not hold responsible political posts, and there are no women or any ethnic minority members in the SPDC and in the Cabinet. The ILO has a mediation office in Rangoon, but the people who try to report on the practice of forced labour are subjected to a penal trial.
Judicial power is subject to military control. The SPDC appoints judges to the Supreme Court. The upper echelons of the junta presumably decide the verdicts in political cases; trials are not opened to the public. The right to privacy is not guaranteed, and everyone who spends the night away from their official domicile must inform the police in advance. Private correspondence is monitored. Possession of an unauthorised telephone, fax or modem may be punished with a prison sentence. Citizens are subjected to a brutal surveillance system, harassment, intimidation and detentions. The security forces are accused of committing numerous human rights abuses.
Economic mismanagement and serious corruption for 40 years have produced widespread poverty, increasingly lower levels of education and seriously deteriorated economic conditions. Although the country has abundant natural resources, annual income per capita is very low and the majority of the population barely lives on the subsistence level.
On 4 May 2008 a huge cyclone lashed the southern cost of the country and caused, according to official data, 28,458 deaths, 33,019 injured and 33,416 disappearances. However, some NGOs (including NGOs under the auspices of the UN) estimate that there were over 100,000 victims and two million people displaced. The governmental authorities did not allow foreign specialists, sent to support the distribution of humanitarian aid by different countries, to enter the country, while they seized four aid consignments that were finally handed over to the civil population in boxes that had imprinted on them the figures of the country's ruling military dictatorship. Furthermore, it is reported that a good part of the aid was sold on the black market.
Civil servants and secondary and university students must join a pro-junta organisation to "mobilise the masses", which equates to forced labour in Myanmar.
Freedom of expression and of the press is seriously limited. Numerous writers and journalists are currently imprisoned for expressing their political opinions. The junta controls the entire media, which has become a propaganda organ for the government. Censorship prior to publication is compulsory. Access to electronic media is restricted, and it is compulsory to register telecommunication devices. Possession of non-registered equipment leads to a prison sentence. The access service to the Internet is restricted and very expensive, and emails are monitored.
On 15 August2007, the government took the decision to increase the price of fuel and the cost of transport considerably, against which sectors opposing the regime protested. The repression exercised on a group of Buddhist monks who had supported these initial demands, caused the mass mobilisation of Burmese monks, who protested peacefully against the military junta demanding political and social change. From 23 September2007, at least 20,000 people, 10,000 Buddhist monks and a similar number of sympathisers, congregated on the streets of Rangoon to demonstrate in favour of democracy. Likewise, they offered their support to Aung San Suu Kyi, who, still under strict house arrest, appeared in public for the first time in four years. Ever since, there has been international pressure demanding freedom and information transparency.
Trafficking in minors is an increasingly significant problem. According to reports, Burma is a preferential destination for the trafficking mafia. Women are victims of trafficking for sexual exploitation, and they are also obliged to work in factories and in domestic service. Government officials are accused of allegedly being involved in trafficking in persons. Homosexuality is legally prosecuted. Customs officials subject returning citizens to HIV/AIDS tests without their consent. People living with HIV or ill with AIDS are discriminated against, as well as the doctors who treat them. A protocol has been drawn up to carry out voluntary HIV/AIDS tests and give confidential advice, but it is not observed. Insurgent groups and government forces recruit child soldiers.
The abuses committed by the Burmese military against civilians in violation of international humanitarian law include the widespread use of anti-personnel mines, sexual violence against women and girls, extra-judicial executions, forced labour, torture, beatings and the confiscation of lands and assets. All parties involved in conflict in Burma continue actively recruiting and using child soldiers. The dictatorship continues to use them while the SPDC allegedly cooperates with the International Labour Organisation (ILO) to demobilise child soldiers.
Toms Ojea Quintana, Special Rapporteur on the Situation of Human Rights in Myanmar, highlighted in his 2010 report that a "plan of serious and systematic violations of human rights" has been in place for many years and still continues in that country. He concluded that "UN institutions may consider the possibility to establish a Commission of Inquiry (CoI) with a specific fact-finding mandate to address the issue of crimes against humanity in the region". More than 13 countries have publicly supported the formation of an Indian Ocean Commission, including the USA, the UK and other European countries, Australia and Canada. However, the UN General Secretary, Ban Ki-moon, has not given his opinion publically on Ojea Quintana's proposal.
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Trade Union Rights
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There is still severe repression against all forms of trade union activity, and the ILO continues to express its profound concern about this situation. The Federation of Trade Unions-Burma (FTUB) is still considered to be an illegal organisation.
The government fixes wages in the public sector, while market forces do the same in the private sector. Pressure is exerted to ensure that private salaries do not exceed the salaries of high-ranking public employees. There are specific industrial estates owned by the military. The ILO has indicated in different reports that military units impose forced labour via verbal instructions so as to not leave any written evidence. The army also demands a compulsory contribution of materials or money, which is a substitute for forced labour on occasions. Prisoners are also used for forced labour. The civil servant salaries and government pensions are paltry.
Trade union rights lack all guarantee in law, and different orders and military decrees limit them still further. The 2008 Constitution stipulates that "laws necessary for protecting workers rights," shall be passed, but it does not say anything about their content. Even when it is permitted to form a trade union provided that it represents 50% of workers, this remains explicitly conditioned on not being "contrary to the laws decreed for trade union security, to the prevalence of law and order, to the peace and tranquillity of the community, or to morality and public order." Furthermore, prior to being able to be established, the trade union organisations have to obtain authorisation from the Ministry of Interior and the Ministry of Religious Affairs, and the single trade union system, in force since 1964, presents another obstacle towards unionisation. Conversely, trade union activities are severely limited by Order 2/88, which prohibits any activity of five persons or more, such as meeting or marching in procession, and which also stipulates that nobody is authorised to block roads, demonstrate en masse, or to interfere in the work of persons in charge of carrying out security tasks. The right to collective bargaining is not recognised, and industrial conflicts are covered by the Trades Disputes Act, which includes a series of provisions that do not conform to international standards. The sanctions for non-compliance with these laws are extensive and can include a prison sentence of up to five years.
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