Challenging human rights in Burma

Source: Mizzima News
Date: 25 Feb 2009

The United Nations Human Rights expert Tomas Ojea Quintana, who recently concluded a six-day visit to Burma, said the release of 24 political prisoners along with over 6,000 other prisoners is not enough to dub it as a significant improvement in human rights.

Quintana, who for the second time visited Burma from February 14 to 19, said he did not find improvements in the human rights situation in Burma, and the regime needs to prove its willingness to address the human rights issues by implementing his recommendations.

But Quintana said, he will continue pushing the Burmese military junta in his next trip, probably in early summer this year, to implement his recommendations.

In order to find out more about his recent trip and the situation of human rights assessed by him, Mizzima's reporter Solomon talks to Quintana in an exclusive interview.

Q:What do you think of the human rights situation in Burma and are you satisfied with your recent trip to Burma?

A: What I can say is that the human rights situation in Myanmar [Burma] has not improved, that is what I said in my first press conference in Yangon [Rangoon]. However, considering the programme, I am satisfied in some points of the programmes, like establishing an understanding with the Chief Justice, during our discussion about the Independent judiciary. He accepted my recommendation.

Q:What was the main objective for this mission and what were you able to achieve?

A: This is my second mission, and as I have requested to the government, it is particularly to assess the human rights situation inside the country. I went to Insein Prison and I spend in Insein, more than 4 hours and 2 hours interviewing political prisoners. One of the goals of my mission was to gauge the reaction and to measure the level of willingness of the government to implement my recommendations.

And one of my recommendations was the release of prisoners of conscience. I was very clear that it should start right now.

Q:As you were able to meet some of the political prisoners, what is your assessment of their situation?

A: Well, as I said, in my opinion, at the moment, the human rights situation has not improved. The government should address all the human rights situation in the country, it's not only the question of prisoners of conscience, it is also the situation in frontier Kayin [Karen] state, where there is an armed conflict, which may affect civilian, and also the situation in North of Rakhaing [Arakan] State, concerning the Muslim residents. So that is my general opinion, however, I will like to address standard issues during my presentation to Human Rights council in March.

Q:Were you able to go to all the places that you wished to go and were you able to meet with all the people that you wanted to?

A: My problems, as I said, there are some of my requests that were not accepted by the government, and some of them were accepted. So, I am still working on this, I am already starting to discuss my next mission during this year. So I think that this is the way to that end, right now deterring my mandate, it is very important for me to go inside the country to have a firsthand evidence and then, as I said, to discuss with the government implementation of recommendations to improve the human rights situation.

Q:When is your next mission?

A: I don't have any dates in this regard. But, as I said, during my second mission I started discussion about a third mission to the country during this year, may be in early summer.

Q:Do you feel that your trip was controlled by the government?

A: Well, the problem is a question of negotiation with the government. But as far as my visit is concerned, I visited two prisons - one in Karen State Pa-an Prison and also Insein Prison - and I had discussions with concerned authority regarding my recommendations. I think it was a programme that somehow fulfilled some of my expectations but of course I am looking forward to have a better programme during my next mission.

Q:What do you think of the prison conditions in Burma?

A: Well, there are situations particularly concerning, the general prisoners count on their family members to support in terms of food and other supplies, this is a problem because some of the prisoners don't have family and they fail to get supply of food and others.

Q:Did you also request to meet Daw Aung San Suu Kyi?

A: I requested to meet Aung San Suu Kyi but the government did not accept this request. But I will again request during my next mission.

Q: Why do you think the government refused to allow you a meeting with Aung San Suu Kyi?

A: I cannot say, because the government didn't give any reasons. But Aung San Suu Kyi, as I say in my report, she is under arbitrary arrest, against not only international human rights standards but also even against the national law. During this mission, I was explaining that she is under arbitrary detention and she was not granted any access to the court. So, this is part of my mandate as human rights expert from the human rights council to verify arbitrary detention.

Q:Did you also request to meet the leaders of the National League for Democracy?

A: I requested a meeting with many representatives of different political parties including the NLD but this was not granted.

Q: What do you think of the government's decision to grant Amnesty to more than 6000 prisoners? Do you see it as a development after your visit?

A: Well, I think so one of my recommendations is the progressive release of prisoners for conscience. So the decision of the government to release many of these prisoners of conscience is part of the fulfillment of this recommendation but of course I still give in my last report that there are more than 2000 prisoners for conscience. So, as far I know, the information that I received, only 24 are included in this 6000 people who were released.

As a human rights envoy, I have to address the questions of freedom - freedom of expression, freedom of assembly, and freedom of political participation – prescribed in the Universal declaration of Human Rights. And so I am addressing the question of prisoners of conscience to have the rights to exercise these liberties.

Q: What do you suggest to the Burmese regime to do in order to improve the situation of human rights in Burma?

A: Well, you can see in my report, I reported to the human rights council and to the General Assembly. In my report, I stated that the government should start releasing prisoners of consciences. Secondly, the government should reform the judiciary because at the moment, the judiciary is not independent and not impartial. So, the rule of law shall apply in the country, so it should start right now to reform the judiciary. The third, the government should review all matters of the legislation which is against the human rights law, and the fourth is that the government should start reform of the military and the police, in order for them to respect human rights. As I said, in the regional parts of the country, where human rights are at a stake, and in other circumstances we have the military and the police may be involved in human rights violation. So these are my recommendations.

Q: What kind of improvement do you see and what is the government's reaction to your recommendations in your first visit?

A: As I always said human rights in the country [Burma] has not improved. After I left the country, the government released more than 6000 prisoners including 24 political prisoners, this I would say is important, but of course not enough.

Q: During your trip to Karen state, it is reported you met Karen ceasefire groups, but did not meet the Karen National Union. Why did you not meet the KNU or did you try meeting the KNU?

A: It is right that I went to Karen State to try to access the situation of the armed conflict. So during this mission, I only met groups, who had a cease-fire agreements with government but I will try to meet the KNU during my next mission.

Q: Is there anything else that you would like to add?

A: As I said, after I left the country, the government decided to release prisoners but that is not enough. We should all be working together with the government and neighbouring countries including the ASEAN, which is a powerful regional group, to work with the [Burmese] government to improve the human rights situation in all fields.