The case of Ko Mya Aye, a leading pro-democracy leader incarcerated in Burma, now calling itself Myanmar, has been taken to court at the United Nations Working Group on Arbitrary Detention by the Burma Justice Committee. The case is being pleaded by Sappho Dias and Adam Zellick, Chairman and Vice-chairman respectively of the Burma Justice Committee, which comprises some of the leading lawyers at the English Bar.

Ko Mya Aye is a leading pro-democracy activist in Burma and was prominent in the 88 Generation Movement. He has campaigned tirelessly for the return of democracy to Burma and has consistently and peacefully urged the military rulers of Burma to enter into talks with the leaders of the democracy movement. Following the killing of the peacefully protesting monks in September 2007, in what has become known as the Sandal Revolution, Ko Mya Aye was arrested at his home and sentenced to imprisonment for 65 years and 6 months.

“We at the Burma Justice Committee are taking his case to court” said Timothy Dutton QC, Chairman of the Bar of England and Wales 2008, “because we believe his imprisonment is unlawful. He is being held in inhumane circumstances in a prison which his family cannot visit regularly because of its remoteness and we are reliably informed that he is very ill and not receiving adequate medical treatment”.

Canada has traditionally taken the lead in supporting accountability and respect for international human rights and humanitarian law. It has also been a strong supporter of promoting human rights and democracy in Burma. However, five months has passed since a report by the UN Special Rapporteur on Burma calling for a UN Inquiry, and Canada has still failed to publicly state that it supports this.

Canadian Friends of Burma and Burma Campaign UK have joined forces to call on the Canadian government to support a UN Inquiry.

“If we are going to build enough international support for the establishment of a UN Inquiry, then it is vital to get the support of countries such as Canada, which has a strong commitment to human rights,” said Zoya Phan, International Coordinator at Burma Campaign UK. “War crimes and crimes against humanity are being committed in Burma. Canada must not remain silent on this issue.”

Burmese community organisations and human rights groups in the UK are supporting the demonstration, including: National League for Democracy – Liberated Area (UK), Kachin National Organisation, Chin Community, Democratic Party for a New Society, and Christian Solidarity Worldwide.

For more information contact Zoya Phan on 02073244712.

New Zealand played a key role in negotiating the Rome Statute which established the International Criminal Court, and was one of the first to ratify the treaty. However, despite pledging to support bringing those who commit war crimes and crimes against humanity to justice, New Zealand has still not publicly supported a UN Commission of Inquiry into war crimes and crimes against humanity in Burma.

Earlier this week the USA became the fifth country to publicly support an Inquiry, joining Australia, UK, Czech Republic and Slovakia.

In a groundbreaking report in March this year, the Special Rapporteur on Burma stated that the ‘gross and systematic’ nature of the abuses and the lack of action to stop them indicated; ‘a state policy that involves authorities in the executive, military and judiciary at all levels.’ He also stated; ‘According to consistent reports, the possibility exists that some of these human rights violations may entail categories of crimes against humanity or war crimes under the terms of the Statute of the International Criminal Court.’ ... ‘UN institutions may consider the possibility to establish a commission of inquiry with a specific fact finding mandate to address the question of international crimes.’

“New Zealand should support this endeavor to bring justice and end human rights abuses in Burma,” said Naing Ko Ko, Director of the National Council of the Union of Burma New Zealand Office and a former political prisoner. “Burma’s generals are responsible for rape, murder and torture, they have been breaking international law for years and nothing has been done to stop them. New Zealand must support a UN investigation into these crimes.”

“New Zealand should be at the forefront of supporting respect for international law, not dragging its heels” said Mark Farmaner, Director of Burma Campaign UK. “New Zealand should publicly support a UN Commission of Inquiry, and work for language establishing a Commission of Inquiry to be included in the UN General Assembly resolution on Burma later this year.”

-Ends-

For More Information: Naing Ko Ko +642-1121-8118 http://www.ncub.org

Responding to the news that Barclays Bank has agreed to pay fines for breaching US sanctions against Burma, TUC General Secretary Brendan Barber said:

‘It’s a disgrace that Barclays has been violating US sanctions and doing business in Burma. Foreign financial services are helping Burmese generals to loot the country’s natural wealth and to fund a military accused of committing horrendous crimes against humanity.

‘Barclays must come completely clean on whether it has been a part of this, or no amount of London Cycle Hire schemes can save its reputation.

‘It is a cause for concern that it took the US sanctions system to discover the shameful activities of a British bank. The UK and the EU urgently need to fix our weak rules. We need to put in place US-style financial sanctions and a rigorous monitoring system to prevent these sorts of scandals from happening again.’

National Officer for the Financial and Legal Sector of Unite Rob MacGregor said: ‘Ordinary workers have taken a huge hit to keep our banks afloat. The Government needs to make sure that these banks are helping workers and small businesses get back on their feet, not propping up dictators.’

General Secretary of the Federation of Trade Unions in Burma (FTUB) Maung Maung said: ‘My country is the worst place in the world to be a worker. The regime uses slave labour, rape, and torture to stay in power. Unions are banned and the jails are overflowing with those who have dared to speak out.

‘With sham elections happening in November, the military looks like being there for decades to come - especially if foreign financial institutions are keeping them afloat.

‘This scandal must be a wake-up call for the UK Government. We already know that insurance syndicates within Lloyds of London have been doing business in Burma, and now Barclays. What else has the City of London been up to?

‘The UK Government needs to investigate this fully and cut off all financial and insurance links to the regime.’

NOTES TO EDITORS:

- Barclays Bank has agreed to pay a $298m (£190m) fine for breaking US sanctions against several dictatorships. The bank had been charged with breaking the International Emergency Economic Powers Act and the Trading with the Enemy Act between 1995 and 2006.

- The FTUB is one of the newest trade union centres to affiliate to the International Trade Union Confederation (ITUC). The Burmese regime has banned it and labeled it a terrorist organisation.

Contacts:
Media enquiries:
Rob Holdsworth T: 020 7467 1372 M: 07717 531150 E: rholdsworth@tuc.org.uk
Elly Gibson T: 020 7467 1337 M: 07900 910624 E: egibson@tuc.org.uk

The European Parliamentary Caucus on Burma (EPCB), representing MPs from 15 European countries, is calling on EU member states to officially support the establishment of a UN Commission of Inquiry on Burma.

The call from European MPs comes just days after the USA became the fifth country to publicly support a UN Inquiry. The EU is currently drafting the next UN General Assembly resolution on Burma, which should include the establishment of a Commission of Inquiry.

The military regime in Burma is responsible for planned, widespread and systematic violations of human rights and freedoms in the county. The abuses include rape and sexual violence, the deportation and forcible transfer of civilians, the recruitment of child soldiers, the persecution of ethnic minorities, the use of torture and other war crimes and crimes against humanity.

The EPCB believes that a UN Commission of Inquiry that would allow a thorough investigation and documentation of these crimes, along with the formation of recommendations on future actions and policies, is a crucial step that the international community should support.

In March 2010 the United Nations Special Rapporteur on Human Rights in Burma, Tomás Ojea Quintana, included in his report submitted to the UN Human Rights Council, the recommendation of the appointment of a Commission of Inquiry, outlining the “gross and systematic” nature of the abuses taking place in Burma.

In June 2010 a new report – Crimes against Humanity in Western Burma: The Situation of the Rohingyas – was published by the Irish Centre for Human Rights, also recommending that the United Nations Security Council establish a Commission of Inquiry into the crimes exposed in the report.

“The ongoing atrocities in the country demonstrate the need and urgency for stronger action by the international community. Individual states and EU must take action and officially support a UN Commission of Inquiry which would be a crucial and effective preliminary step towards putting an end to the constant perpetration of grave abuses and crimes in Burma.” Silver Meikar, executive member of EPCB, says.

For more information contact the Caucus administrators: Zoya Phan on +4420 7324 4712, or Kristina Prunerova on +420 777 787 917.

On 17th August the USA became the fifth county to publicly support a UN Commission of Inquiry into war crimes and crimes against humanity in Burma. The other countries are Australia, UK, Czech Republic and Slovakia.

The EU has so far remained silent on the March recommendation of the UN Special Rapporteur on Burma that the UN establish an Inquiry. Some EU members which favour a softer line towards Burma’s generals, such as Germany, Austria and Italy, as well as Commission officials, effectively play down the seriousness of human rights abuses in Burma by remaining silent about them. This may be because the seriousness of abuses taking place undermines their agenda to relax pressure and increase trade.

“The EU must end its silence on crimes against humanity in Burma, and publicly support a UN Inquiry,” said Mark Farmaner, Director of Burma Campaign UK. “The EU is currently drafting the UN General Assembly resolution on Burma and must ensure the establishment of a UN Inquiry is in the resolution which is adopted.”

The Burma Campaign UK has published a detailed briefing on the UN General Assembly and Burma, available at: http://www.burmacampaign.org.uk/index.php/news-and-reports/burma-briefing/title/the-united-nations-general-assembly-burma

Burma Campaign groups from across Europe have this week written to their governments asking them to support the establishment of an Inquiry in the UN General Assembly resolution.

For more information contact Mark Farmaner on 0207 324 4710

Barclays Bank has agreed to pay a $298m (£190m) fine for breaking US sanctions against several dictatorships. The bank had been charged with breaking the International Emergency Economic Powers Act and the Trading with the Enemy Act between 1995 and 2006. The countries involved were Burma, Cuba, Iran, Libya, and Sudan.

“Barclays must come clean and reveal which banks in Burma it was doing business with, where the money came from, and where it went to,” said Mark Farmaner, Director of Burma Campaign UK. “This is a very serious issue. Barclays have a lot of questions to answer. Burma’s generals, and their business cronies, are looting the country of wealth, hiding it in foreign bank accounts. Have Barclays helped them do this? We also need to know how the money was used. Were these financial transfers used for buying arms? Have Barclays helped arm a dictatorship which uses rape, torture and slave labour, and stands accused of committing war crimes and crimes against humanity?”

Burma Campaign UK is also concerned that the US government is not properly monitoring and implementing sanctions.

“Some people are arguing that we should be taking a softer line with Burma’s generals because sanctions have been tried and have failed,” said Mark Farmaner. “The truth is there are very few effective sanctions against the dictatorship in Burma, and now we find that even those few are not properly implemented.”

Burma Campaign UK is also writing to the British government asking them to investigate whether Barclays is in breach of Europe Union sanctions on Burma. The European Union has some limited financial sanctions, but none which are as strong as those imposed by the USA.

For more information contact Mark Farmaner on 020 7324 4710

Analysis in the briefing shows:
• 19 Resolutions on Burma by the General Assembly have been ignored by the dictatorship ruling the country.
• Since 1992, 18 years ago, the General Assembly has been calling on the dictatorship in Burma to respect the Geneva Conventions, but it is still failing to do so.
• Language used in past General Assembly Resolutions relates to 15 possible war crimes and crimes against humanity.
• In 2002, 8 years ago, the General Assembly called for an independent international investigation into abuses of civilians.
• Despite 17 calls for inquiries since 1997, the General Assembly has failed to exercise its power to establish its own inquiry into abuses, including possible war crimes and crimes against humanity.
• On grounds of international law and justice, political reality, and morality, ‘elections’ due in Burma later this year should not be used as a reason not to, or to delay, the establishment of a UN   Commission of Inquiry.
• The 20th United Nations General Assembly resolution on Burma is an opportunity to build on and start to enforce previous resolutions. The General Assembly must take the next logical step and establish a Commission of Inquiry into war crimes and crimes against humanity in Burma.

The briefing can be viewed online at:
http://www.burmacampaign.org.uk/index.php/news-and-reports/burma-briefing/title/the-united-nations-general-assembly-burma

Analysis of the previous nineteen Resolutions on Burma reveals that for the General Assembly to establish a Commission of Inquiry is not the dramatic step that some governments perceive it to be. For almost 20 years the General Assembly has been describing abuses that could be war crimes and crimes against humanity, and it has gradually strengthened its language to use language with legal significance such as ‘widespread’ and ‘systematic’.

Burma’s new constitution means that the only way there can be the end to impunity which the General Assembly has demanded is through UN action. The dictatorship has ignored 17 previous calls for investigations, and has given itself immunity in the new constitution.

“For the General Assembly to establish a Commission of Inquiry is no great leap,” said Mark Farmaner, Director of Burma Campaign UK. “The General Assembly has already described possible war crimes and crimes against humanity, and already called for investigations. The twentieth General Assembly Resolution is an opportunity to put words into action. The EU must include wording establishing a Commission of Inquiry in the draft Burma resolution. If they fail to do so, it will send a message to the generals that they can continue to get away with breaking international law, including the use of rape, torture and murder against civilians.”

For more information contact Mark Farmaner on 020 7324 4710

For many years the United Nations has been documenting horrific human rights abuses which may constitute war crimes and crimes against humanity. These include the deliberate targeting of civilians, with more than 3,500 villages in Eastern Burma destroyed in the past 15 years, the systematic use of rape as a weapon of war, torture and mutilations, arbitrary executions and slave labour.

In a groundbreaking report in March this year, the Special Rapporteur on Burma stated that the ‘gross and systematic’ nature of the abuses and the lack of action to stop them indicated; ‘a state policy that involves authorities in the executive, military and judiciary at all levels.’ He also stated; ‘According to consistent reports, the possibility exists that some of these human rights violations may entail categories of crimes against humanity or war crimes under the terms of the Statute of the International Criminal Court.’ ... ‘UN institutions may consider the possibility to establish a commission of inquiry with a specific fact finding mandate to address the question of international crimes.’

Canada has traditionally taken the lead in supporting accountability and respect for international human rights and humanitarian law. It has also been a strong supporter of promoting human rights and democracy in Burma. However, five months has passed since the report by the Special Rapporteur, and Canada has failed to publicly state that it supports a UN inquiry.

Seventy-three Canadian MPs and Senators (see the list at: http://www.cfob.org/news/PFOBandCFOBurgeGovToSupportCoIonBurma.html) have called on the government to support an Inquiry. More than three thousand people have emailed the Canadian government in the past week alone, also calling on Canada to support an inquiry.

“The Government of Canada, especially Foreign Affairs Minister Lawrence Cannon, should respond to this important call. For Canada, this is another practical step to take action against the repressive regime in Burma,” said Tin Maung Htoo, Executive Director of Canadian Friends of Burma.

“The campaign to persuade Canada to support a UN Commission of Inquiry is now going global,” said Mark Farmaner, Director of Burma Campaign UK. “It is very surprising Canada has not publicly stated that it supports the recommendation of the Special Rapporteur for a Commission of Inquiry. We need as many countries as possible on the record with their support. Canada’s silence will encourage the dictatorship that they can continue to get away with their crimes.”

So far Australia, the UK, Czech Republic and Slovakia have expressed support for a UN Commission of Inquiry.

For more information contact Tin Maung Htoo on (613) 297-6835 and
Mark Farmaner on 44(0)20 7324 4710

On 11th August 2009 Aung San Suu Kyi was given a further 18 months sentence under house arrest, following a sham trial designed solely to keep her in detention. Today Aung San Suu Kyi has spent a total of 14 years and 290 days in detention. 

UN Secretary General Ban Ki-moon is mandated by the UN General Assembly to try to secure negotiations between the dictatorship, the democracy movement, and ethnic representatives. However, despite the sentencing of Aung San Suu Kyi sending the clearest possible signal that ‘elections’ due in Burma this year will not bring any significant change, Ban Ki-moon has ignored the request of the General Assembly, and seems content to wait and see what will happen at the elections.

While the Secretary General has sat idle, the human rights situation in Burma has continued to deteriorate. In March 2010 the UN Special Rapporteur on Myanmar published the most damning UN report yet on the situation in Burma, even going so far as to call for a UN investigation into possible war crimes and crimes against humanity.

The fake elections are part of a so-called roadmap to democracy announced by the dictatorship in 2003 in an attempt to head off economic sanctions and other pressure following the Depayin Massacre in May 2003. Regime thugs from the Union Solidarity Development Association (USDA) had ambushed Aung San Suu Kyi’s convoy in a failed assassination attempt. Aung San Suu Kyi escaped and was placed back under house arrest, but dozens of her supporters were beaten to death. The USDA is now rebranded as the Union Solidarity Development Party, the main pro-regime party taking part in the elections.

Since 2003 the UN has followed a failed strategy of trying to reform the various stages of the dictatorship’s roadmap, rather than following the mandate from the General Assembly to secure dialogue leading to genuine change.

“It is not enough for Ban Ki-moon to make the occasional statement that he is frustrated that the dictatorship has not responded to his polite requests for change,” said Zoya Phan, International Coordinator at Burma Campaign UK. “We all know the elections won’t bring anything close to the change we need to see in Burma. It is time to focus on the real issue. Ban Ki-moon should be working to unite the international community behind a UN-led effort to secure genuine dialogue for the first time.  The regime is refusing to enter into dialogue with Aung San Suu Kyi and ethnic representatives. Only when they are under real pressure will they agree to this. Ban Ki-moon doesn’t seem to understand he is dealing with one of the most brutal dictatorships in the world. They see soft diplomacy as weakness. They’ll only respond to strong pressure.”

For more information contact Zoya Phan on 020 7324 4710