By-elections, democracy and sanctions

By BILL DAVIS
Published: 31 March 2012
Election staff set up a ballot station in Yangon
Election staff set up a ballot station in Rangoon on 31 March 2012. (Reuters)

This week’s elections in Burma will no doubt add to the hype about democratic change in the country and have apologists of the nominally civilian government calling for the international community to drop economic sanctions.

If the elections are indeed fair, and this is a big “if,” it would certainly be a first in Burma and a benchmark on the path to democracy. But there are only four dozen Parliamentary seats up for grabs in this week’s election, so even if there is no foul play, then only a sliver of the Parliament would have been elected through a fair and transparent process. The winners of this election, and the rest of Parliament, would remain under the control of the military – as dictated by Burma’s 2008 Constitution.

A fair election would mark a departure from Burma’s corrupt past, but it is not reason enough for the international community to stop pushing for continued change. Nor is it reason to give amnesty for past human rights abuses or to allow sanctions to expire.

The US Congress has emphasised several criteria that must be met before sanctions are dropped, and these conditions should serve as a scorecard on which to measure democratic progress: unconditionally release all political prisoners; allow humanitarian access to populations in all areas of armed conflict; and end human rights violations, including rape, forced labor, child labor, and the use of child soldiers.

The Burmese government has partially met some of these conditions, but it still has a long way to go, and implementing substantive change will take time. For example, ending human rights violations does not just mean halting abuses but also ending impunity for violations and ensuring accountability for past crimes.

Burma needs to ensure that perpetrators of human rights violations can be held accountable according to internationally recognised legal standards, which demands the establishment of the rule of law. The judiciary in Burma is not independent from the rest of the government, and ensuring this independence is a necessary element of ensuring fairness and transparency in the country’s judiciary.

Burma also needs to shift from militarisation and build a truly civilian government that can keep its military in check. And lastly, it needs to stop violence against civilians, egregious human rights violations, and denial of humanitarian aid in ethnic areas.

This is no small problem: ethnic minorities comprise about a third of the population of Burma, and these areas have a long history of human rights abuses.

Burma needs to ensure that perpetrators of human rights violations can be held accountable

Physicians for Human Rights (PHR) have documented recent human rights abuses in several ethnic areas in Burma—in Karen, Shan, Kachin, and Chin States. When asked if they would return to Burma given the recent changes, refugees have answered with a resounding “no”—some refugees even laughed in my face at the question.

With decades of violence and corruption to reflect upon, refugees have said that they don’t trust the government and do not believe that the changes are genuine. Indeed, extrajudicial killings, forced labor, religious persecution, and pillaging are still widely reported in these areas. Accounting for these violations would be a major step towards democracy.

If Burma is truly transitioning to democracy, it is certainly in the earliest of stages. With so many more changes still needed in Burma, it would be foolish to allow all sanctions to expire. The international community should not give up its bargaining chips too soon.

The sanction legislation calls for specific criteria that must be met, including the unconditional release of political prisoners, the granting of humanitarian access, and an end to human rights violations. PHR continues to support the renewal of sanctions until each of these essential elements is actualised. Additionally, PHR calls on the U.S. government to continue to use sanctions as key leverage until the Burmese government is able to make peace with its own people over past and present abuses.

Change may happen in Burma, but it will not happen overnight. The international community and the business interests pushing to end sanctions must show patience and should not reward modest changes with hefty rewards. Sanctions must remain until more substantive reforms become a reality.

Bill Davis is the Burma Project Director for Physicians for Human Rights

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Comments


  1. Maung Kyaw Nu, A former political prisoner of conscience. says:

    We are fully agree with Bill Davis.The remaining political prisoners of consciences must be unconditionally released . The political solution of ethnics must be met . The rule of law should be restored. Before these solutions, the west should foot carefully .The US should have to understand public interest rather than a handful army generals.The election result is not an important factor to decide our future.

  2. Ohn says:

    “Physicians for Human Rights” has been most diligent and steadfast in high-lighting the inhumane abuses of the Thein Sein government which every one else in the world -it seems – is lauding for a being a “different” government.

    In fact, sound endorsement of it by the usually critical “Exile media” have been particularly damaging. The only bad thing they ever report now about the current iteration of the same government has been reports about the reports of either Physicians for Human Rights or Asian Human Rights Commission or Shwe Gas Movement.

    “…perpetrators of human rights violations can be held accountable…”

    Perpetrators of human rights violations are Than Shwe and his henchmen including Thein Sein.

    Sad that Aung San Suu Kyi has mistakenly turned 180 and stopped calling for International Criminal Court proceedings which will still be better than what they deserve.

    But being Buddhists, there is always Awizi. Lies do not work there.

  3. Ta Emi says:

    BIll Davis wrote, “Burma also needs to shift from militarisation and build a truly civilian government that can keep its military in check. And lastly, it needs to stop violence against civilians, egregious human rights violations, and denial of humanitarian aid in ethnic areas”. This can only be done if and when the Burmese dictatorial armed forces withdraw from all non-Burman ethnic states.

  4. Mg Thitsar says:

    Never underestimate the power of forgiveness.
    What are the root historical causes of Burma’s problems?

  5. juansword says:

    The military backed the so-called civilian government has to signal more at its reform. The election for a habdful seats will be a piece of improvement but still does not sound a guarantee a total change Burma deserves. Aggressive military operations against ethnic Kachin don’t match the statement of Thein Sein government. If so, it will be hard to predict how far lifting economic sanction effects Burma situation.

  6. Mars Jupitor says:

    Ooops! Maybe I just arrived this planet from the deep space. Anyway that gives me privilege of being able to see things without bias, attachment and emotion. Due to limited words I will take on the word “Sanction” for now with the purpose of better happier long lasting society on your planet by asking one out of million possible questions. If the world’s most powerful country commits crimes is it possible to take them to justice by, for example, putting a couple of sanctions on them?

  7. Thuzar Khin says:

    Politics is the hardest thing to understand because it is always moving, changing, and its patrons are continually rendering new strategies and tactics, new shifts in positions
    Take, for example, this by-election. Moments ago ( in 2010), those people in power had staged an election pampered with unheard of irregularities. Now,more or less the same people made this by-election appear to be one of the more free, fair and inclusive ones. For inclusiveness, they had to lure NLD with token relaxaton of some rules, to save the face of the latter. Government needed ASSK & Co. in the parliament for its strategic reasons. The West, headed by US, had been itching for some time to make inroads here, again for their own economic and geopolitical reasons. Now is the chance. They knew very well that this by-election, with a meagre number of constituencies, will be free and fair to an acceptable level. But they ‘demanded’ that the election be fair, and ASSK & Co. be allowed to participate.Now, everything put in place, they lived happily ever after. The End.





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