Absence of humanity, rights and morality in Myanmar
Myanmar, formerly known as Burma, has been torn apart by civil war for more than 40 years. Ethnic minorities have clashed violently with the Myanmar government in their efforts to win independence. Over the years, tens of thousands of people have fled Myanmar to escape grinding poverty and harassment by the military regime known as the SLORC (State Law and Order Restoration Council).
After the SLORC (currently known as State Peace and Development Council) seized power in 1988, reports of its human rights violations began to surface in the international community. Reported violations include targeting women for rape and using women and children as human shields during the fighting.
In relation, the state-sanctioned sex crimes where women and children of perceived enemy groups have been subject to mass rape campaigns by the military. Consequently, over the past few decades, many women have been speaking out. However, things did not went all well. According to a report "Licence to Rape", authored by the Shan Women's Action Network and the Shan Human Rights Foundation, 83 percent of the rapes were committed by officers and that women who dared speak up were fined, detained, tortured or even killed.
Besides that, human right abuse and political repression is a serious problem that Myanmar citizens are currently facing. To illustrate my point, a landmark legal case, involving Unocal Corporation and the dictators in Myanmar. In the case Unocal was alleged to have turn thousands of Myanmar citizen into virtual slaves under brutality. Furthermore, evidence has been gathered suggesting that the Burmese regime has marked certain ethnic minorities for extermination or also known as the 'Burmisation' case.Moreover, the country is a corner of the Golden Triangle of opium production. Neither Burma, Vietnam, Laos or Thailand had any history of opium production until colonial time yet from then until very recently, most of the world's heroin came from the Golden Triangle, including Burma. According to a confidential MOGE file reviewed by the investigators, funds exceeding $60 million and originating from Burma's most renowned drug lord, Khun Sa, were channeled through the company. "Drug money is irrigating every economic activity in Burma, and big foreign partners are also seen by the SLORC as big shields for money laundering.” Banks in Rangoon offered money laundering for a 40% commission.
As a result, more than two million people now live as refugees from Myanmar. About half of them work illegally in Thailand with little or no access to health care, education or basic necessities. Approximately 117,000 ethnic minority refugees live in camps along the Thai-Myanmar border. Many others have been excluded from camps because they are from a different ethnic group than the camp’s majority population.What provisions of human rights law guarantee the Human Rights of Refugees?
"No one shall be subject to arbitrary arrest, detention or exile.... Everyone has the right to freedom of movement and residence within the borders of each State. Everyone has the right to leave any country, including his own, and to return to his country.... Everyone has the right to seek and to enjoy in other countries asylum from persecution.... Everyone has the right to a nationality...."
--Universal Declaration of Human Rights, Articles 9, 13, 14 and 15
"The Contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin.... The ... States shall accord to refugees within their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to practise their religion.... As regards housing, the ... States ... shall accord to refugees ... treatment ... not less favourable than that accorded to aliens generally in the same circumstances.... The ... States shall accord to refugees the same treatment as is accorded to nationals with respect to education.... the same treatment with respect to public relief and assistance.... the same treatment ... in respect of ... remuneration, hours of work,... minimum age of work, ... social security.... Each ... State shall accord to refugees ... the right to choose their place of residence and to move freely within its territory subject to ... regulations applicable to aliens generally.... No ... State shall expel or return ("refouler") a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.... The ... States shall ... facilitate the assimilation and naturalisation of refugees...."
--Convention Relating to the Status of Refugees, Articles 3, 4, 21, 22, 23, 24, 26, 33 and 34
"No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture."
--Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment of Punishment, Article 3
"... the Detaining Power shall not treat as enemy aliens exclusively on the basis of their nationality... of an enemy State, refugees who do not, in fact, enjoy the protection of any government."
--Geneva Convention Relative to the Protection of Civilian Persons in Time of War, Article 44
"Persons who, before the beginning of hostilities, were considered as stateless persons or refugees ... shall be protected persons..., in all circumstances and without any adverse distinction."
--Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, Article 73
"The ... States shall accord to stateless persons within their territories treatment at least as favourable as that accorded to ... nationals with respect to freedom to practise their religion.... A stateless person shall have ... the same treatment as a national in matters pertaining to access to the courts...; ... treatment ... not less favourable than that accorded to aliens generally ... as regards ... employment..... As regards housing, ... treatment ... not less favourable than that accorded to aliens generally.... The ... States shall accord to stateless persons the same treatment ... accorded to nationals with respect to elementary education...; ... the same treatment with respect to public relief and assistance...; ... the same treatment ... in respect of ... remuneration,... hours of work,... minimum age of employment..., and the enjoyment of ... collective bargaining; Social security (legal provisions in respect of employment injury, occupational diseases, maternity, sickness, disability, old age, ... unemployment, family responsibilities.... Each ... State shall accord to stateless persons ... the right to choose their place of residence and to move freely within its territory.... The ... States shall not expel a stateless person lawfully in their territory save on grounds of national security or public order. The expulsion of such a stateless person shall be only ... in accordance with due process of law."
--Convention relating to the Status of Stateless Persons, Articles 4, 16, 17, 21, 22, 23, 24, 26, and 31
"A ... State shall grant its nationality to a person born in its territory who would otherwise be stateless...; shall grant its nationality to a person, not born in the territory ... who would otherwise be stateless, if the nationality of one of his parents ... was that of that State.... A ... State shall not deprive a person of his nationality if such deprivation would render him stateless.... A ... State may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds."
--Convention on the Reduction of Statelessness, Articles 1, 4, 8, and 9
"The ... Parties confirm that genocide ... is a crime under international law which they undertake to prevent and to punish."
--Convention on the Prevention and Punishment of the Crime of Genocide, Article 1
"Each State Party ... undertakes to respect and to ensure to all individuals within its territory ... rights ... without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.... Everyone lawfully within the territory of a State shall ... have the right to liberty of movement and freedom to choose his residence. Everyone shall be free to leave any country, including his own.... No one shall be arbitrarily deprived of the right to enter his own country. An alien lawfully in the territory of a State Party ... may be expelled ... only ... in accordance with law and shall ... be allowed to submit the reasons against his expulsion and to have his case reviewed by ... the competent authority.... All persons shall be equal before the courts and tribunals.... All persons are equal before the law and are entitled without any discrimination to the equal protection of the law...."
--International Covenant on Civil and Political Rights, Articles 2, 12, 13, 14, and 26
"The States Parties ... recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing...; ... recognize the right of everyone to the ... highest attainable standard of physical and mental health...; the right of everyone to education.... Primary education shall be compulsory and available free to all...."
--International Covenant on Economic, Social and Cultural Rights, Articles 11, 12, and 13
"States Parties condemn racial discrimination and undertake to pursue ... a policy of eliminating racial discrimination in all its forms.... Each State Party undertakes to engage in no act ... of racial discrimination....; Each State Party shall prohibit and bring to an end ... racial discrimination by any persons, group or organization.... States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, national or ethnic origin, to equality before the law, notably in the enjoyment of ... political rights ... civil rights ... economic, social and cultural rights.... States Parties shall assure ... effective protection and remedies ... against any acts of racial discrimination...."
--Convention on the Elimination of All Forms of Racial Discrimination, Articles 2, 5, and 6
"States Parties shall grant women equal rights with men to acquire, change or retain their nationality.... equal rights with men with respect to the nationality of their children."
--Convention on the Elimination of All Forms of Discrimination Against Women, Article 9
"The child shall be registered immediately after birth and shall have the right to a name, ... a nationality.... States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee ... shall ... receive appropriate protection and humanitarian assistance in the enjoyment of ... rights.... States Parties shall provide ... cooperation in ... efforts ... to protect and assist such a child and to trace the parents or other members of the family of any refugee child ... for reunification with his or her family. In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child ... deprived of his or her family environment...."
--Convention on the Rights of the Child, Articles 7 and 22
Post done by Blogging Committee(1) - Kiang Peng,Yee Chien, Wei Hao & Chong Yeow
