Burma Link | July 17, 2017

July 17, 2017, is the 15th Anniversary of the Rome Statute, which saw the establishment of the International Criminal Court and now marks the World Day for International Justice. In this exclusive interview with Burma Link, Aung Htoo – Human Rights Lawyer and the Founder of Legal Aid Network (LAN) – discusses the human rights situation in Burma and how the country should approach justice and national reconciliation. LAN is an independent organisation based in the Kachin State, committed to facilitate efforts of grassroots people and activists, civil society organizations, lawyers and legal teams, aiming to achieve human rights by establishing a peaceful, free, just and developed society with the underpinnings of genuine principles of the Rule of Law.

 

Q: Can you name some of the most important humanitarian law violations ethnic nationalities are exposed to in Burma today? Do you believe that there is a case for crimes against humanity, as per international law?

From the aspect of humanitarian law, also known as the Geneva Convention or law of war, there has been only one violation, but not some. It is war crimes which have been taking place in northern part of Shan State and Kachin State. Crimes against humanity occurred particularly in Karen and Karenni states while genocide is in Rakhine State.

Q: To this day, Burma has not signed or ratified the Rome Statue. Are there any movements in Burma today, pushing for the adhesion of Burma to the treaty? If yes, how are these being received? If not, why do you believe this is case?

Not yet. It is primarily because of the intentional ignorance of Aung San Suu Kyi who stated for a couple of times in her media interviews after she had been released from house arrest that she did not want to see any person in Burma, who would be indicted in the international criminal court. In addition, under her leadership, the entire NLD is rhetorically articulating ‘national reconciliation’ in a way that only appeasement of the ruling Burma military leaders are being sought while the continued existence of the Section 445 of the 2008 Constitution, which provides blanket amnesty to the former leaders of the SLORC (State Law and order restoration Council) and SPDC (State Peace and Development Council) even for the three heinous crimes – crimes against humanity, war crimes and genocide – is approved. It is against the international law.

Q: Daw Aung San Suu Kyi has recently announced that she would not accept the UN Fact-Finding mission in Burma. Do you have any opinions regarding this issue?

It is shameful not only for her but also for the entire country. Even though she has been reiterating the rule of law countless number of times, in practice she has totally ignored it as of now.

Q: The International Criminal Court represents a quest for global justice. Do you think that the ICC and the international community as a whole are doing enough to respond to the armed conflict situation in Burma today? In your opinion, what should be the next steps in order to achieve justice and reconciliation in Burma?

So long as the 2008 Constitution, its legal framework and the abusive State Institutions, which have existed since the time of the 1962 military coup, cannot be abrogated, nor can people exert efforts for the emergence of the new democratic federal Constitution along with States Constitutions which would guarantee the right to self-determination of all ethnic nationalities fully in accordance with Ping Long

[Panglong] Accord, which has come into existence since Feb 12, 1947, the expectation for the achievement of justice and national reconciliation will only be a myth.

Q: Is there any message you would like to give to the international community on the 15th Anniversary of the Rome Statue?

National authorities in Burma – be they the ruling Burma military leaders as well the NLD government –  are manifestly failing to protect their people and ethnic nationalities from genocide, war crimes, and crimes against humanity. The impunity – which has been profoundly prevailing particularly in ethnic states –  negatively resulted in denial of the Rule of Law which has caused primary obstructions for peace, justice, freedom and development of the entire society.

This is time not only for the oppressed ethnic nationalities and their genuine CSOs (Civil Society Organisations) – which have been defending the right to self-determination of the ethnic nationalities and their Ethnic States – but also the international community to take effective action on Burma from the aspect of international human rights and humanitarian laws, leading to the emergence of an international criminal tribunal for Burma to deal with the impunity issue once and for all.

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End note: On July 17 2017, Burma Link celebrates the 15th Anniversary of the World Day for International Justice. The internal conflict in Burma has been ongoing for nearly 70 years, and violations of international human rights law and international humanitarian law continue to occur, primarily committed by the Burma Army [Tatmadaw]. On this day, Burma Link reflects on the situation and condemns those who have violated these laws and continue to do so with impunity. 

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