The Burma Campaign UK today published a new briefing which calls on the United Nations General Assembly to establish a Commission of Inquiry into war crimes and crimes against humanity in Burma. EU Member states are currently drafting the twentieth annual resolution on Burma, which is expected to be adopted later this year.
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 here.
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.”