European Parliament resolution of 20 April 2012 on the situation in Burma/Myanmar (2012/2604(RSP))
The European Parliament ,
– having regard to Articles 18 to 21 of the Universal Declaration of Human Rights (UDHR) of 1948,
– having regard to Article 25 of the International Covenant on Civil and Political Rights (ICCPR) of 1966,
– having
regard to the EU Presidency statement of 23 February 2009 calling for
all-inclusive dialogue between the authorities and the democratic
forces in Burma/Myanmar,
– having regard to its previous resolutions on Burma/Myanmar, in particular those of 25 November 2010(1) and 20 May 2010(2) ,
– having
regard to the European Union's set of restrictive measures, as set out
in Council Decision 2010/232/CFSP of 26 April 2010 and as most
recently amended by Council Regulation (EU) No 1083/2011 of 27 October
2011,
– having regard to the Council conclusions of 12 April 2011
on lifting the suspension of high-level meetings and suspending the
visa ban for civilian members of the government (Council Decision
2011/239/CFSP),
– having regard to the declaration by the High Representative of 28 April 2011,
– having regard to the report of the UN Special Rapporteur on the situation of human rights in Burma/Myanmar of 12 March 2012,
– having regard to the UN Secretary-General's statement of 2 April 2012 on the elections in Burma/Myanmar,
– having
regard to the decision taken at the ASEAN Summit in November 2011 to
confer the ASEAN Presidency on Burma/Myanmar in 2014,
– having
regard to the statement made by the President of the European Council
on 30 January 2012 on the path of reform in Burma/Myanmar,
– having
regard to the High Representative's declarations of 28 April 2011 and
14 October 2011 on the alignment of certain third countries with
Council Decisions 2011/239/CFSP and 2011/504/CFSP on restrictive
measures against Burma/Myanmar,
– having regard to the EU Foreign Affairs Council conclusions of 23 January 2012 on Burma/Myanmar,
– having regard to Commissioner for Development Andris Piebalgs' visit to Burma/Myanmar on 12-14 February 2012,
– having regard to the results of the First EU-Burma/Myanmar Inter-Parliamentary Meeting of 26 February-2 March 2012,
– having
regard to the statements by the High Representative, in particular
those of 13 November 2010 on the release of Aung San Suu Kyi, of 13
January 2011 and 12 October 2011 on the release of political prisoners,
and of 2 April 2012 on the conduct of by-elections,
– having
regard to the ASEAN Summit statement of 3 April 2012 concerning the
outcome of the 1 April 2012 by-elections and calling for sanctions to
be lifted,
– having regard to the various meetings between
President U Thein Sein of Burma/Myanmar and Daw Aung San Suu Kyi since
August 2011,
– having regard to the State of the Union speech
given by President Thein Sein on the occasion of the first anniversary
of his government on 1 March 2012, in which he acknowledged that,
despite the efforts made, there is still ‘much more to do’,
– having regard to Rule 110(2) and (4) of its Rules of Procedure,
A. whereas,
on 1 April 2012, Burma held by-elections for over 40 seats in its
lower house of parliament (Pyithu Hluttaw), in which Aung San Suu Kyi's
National League for Democracy Party (NLD) was able to fully
participate; whereas these by-elections, which were broadly deemed to
be free and fair by the international community, are an indication that
Burma/Myanmar is on the path to democratic change;
B. whereas,
during its first year in office, the government of President Thein Sein
has made more progress towards democracy and peace than was made in
the last decades;
C. whereas the opposition currently holds only
6.6 % of seats in the parliament (42 out of 659) while a large majority
of seats is controlled by the ruling Union Solidarity and Development
Party (USDP), including the 25 % of seats reserved for military
officers;
D. whereas the next general elections, scheduled for
2015, when 75 % of seats will be contested, will be the real test of
the Burmese authorities' will to democratise the country;
E. whereas
the conduct of the 1 April by-elections and the invitation to, and
presence of, foreign observers and journalists, including a European
Parliament representative, is proof of the willingness of the
Government of Burma/Myanmar to continue its process of reforms, which
should be sustainable and irreversible;
F. whereas these ongoing
changes create important opportunities for developing a much improved
relationship between the European Union and Burma/Myanmar;
G. whereas
there is a need for caution, bearing in mind that, according to the
report of the UN Special Rapporteur on Human Rights in Burma/Myanmar,
serious human rights concerns remain, hundreds of political prisoners
are still in prison and many of those who are no longer detained have
only been released conditionally;
H. whereas the government is
addressing the legacy of decades of civil war and armed unrest,
resulting in a series of ceasefire arrangements with the majority of
armed ethnic groups, the Kachin situation being the exception, while
humanitarian aid to tens of thousands of displaced civilians is blocked
and the policy of discrimination against the Rohingya minority
continues unabated;
I.. whereas the government has indicated that
it is pursuing a three-step process of peace building: firstly a
ceasefire, secondly socio-economic, cultural and political processes
and finally an all-encompassing agreement – involving changes to the
constitution – on ethnic issues, including demobilisation and
integration of ex-combatants, resource sharing and greater autonomy;
J. whereas
there is a gap between the political decisions at the highest level
and the limited institutional and technical capacities on the ground,
and whereas changes are slow to impact on the life of the majority of
Burmese citizens, who continue to face great poverty, high levels of
indebtedness, lack of employment and an absence of social services;
K. whereas
in the past many sectors of economic activity in Burma/Myanmar, such
as mining, timber, oil, gas and dam construction, have been directly
linked to serious human rights abuses and environmental destruction and
have, at the same time, been the military's main source of government
revenue;
L. whereas the government has taken steps to expand
civil liberties in the country, with greater freedom of information and
expression, the lifting of the ban against many sites and
publications, freedom of assembly, the establishment of a National
Human Rights Commission and the planned abolition of the censorship
board before the end of 2012;
M. whereas Baroness Ashton, High
Representative for Foreign Affairs and Security Policy, will visit
Burma/Myanmar shortly after the Council meeting on 23 April 2012;
N. whereas
an independent and impartial judiciary is essential if there is to be
respect for the rule of law and justice in Burma/Myanmar; calls on the
Government of Burma/Myanmar also to initiate legal reforms in order to
ensure a truly independent and impartial judiciary;
O. whereas
the government is at last taking note of people's concerns regarding
projects that may be environmentally and socially disruptive;
P. whereas
the EU restrictive measures against Burma /Myanmar will come up for
revision at the next General Council meeting on 23 April 2012;
1. Welcomes
the transparent and credible conduct of the by-elections of 1 April,
deemed to be free by international observers, while noting the reported
irregularities in the run-up to the poll; trusts that the newly
elected parliamentarians will take up their duties as soon as possible;
supports the authorities in their efforts to guarantee that the reform
process is sustainable and irreversible;
2. Expresses its great
respect for the long struggle over decades of opposition leader and
Sakharov Prize winner Aung San Suu Kyi, congratulates her on her
party's victory in the April by-elections and applauds her courage and
tenacity as an example of selfless courage and struggle for freedom and
democracy in the face of tyranny;
3. Recognises the steps taken
by President Thein Sein and other reformers in the Burmese regime to
implement democratic reforms over the past year, and encourages them to
continue this process as a matter of urgency, so that change becomes
irreversible;
4. Warmly welcomes the efforts by the government,
the parliament and the leadership of the armed forces to seek an end to
internal armed conflicts waged over decades, and urges the rapid
finalisation of peace negotiations with the Kachins;
5. Urges
the Burmese Government to introduce amendments to the 2008
constitution, prior to the 2015 elections, that would remove the
military's role in civilian politics, notably its seats in both houses
of parliament;
6. Welcomes the mutual rapprochement between
President U Thein Sein and Daw Aung San Suu Kyi, and the dialogue
between the government and opposition;
7. Welcomes the
high-level international efforts to encourage democratic change in
Burma/Myanmar, notes the visit by British Prime Minister David Cameron,
following the April by-elections, and welcomes the fruitful
discussions he held with Burma's President Thein Sein and with Aung San
Suu Kyi;
8. Welcomes the release of significant numbers of
political detainees and the much improved media and internet freedom,
while expressing concern at continuing censorship and restrictions;
welcomes the new legislation on freedom of assembly and the reported
progress on changes in law and practice to eliminate the use of forced
labour;
9. Calls on the Government of Burma/Myanmar to release
all remaining political prisoners without delay and conditions,
allowing free access for the ICRC and international human rights bodies
to Myanmar's prisons; calls also on the National Human Rights
Commission to intensify its work of promoting and safeguarding the
fundamental rights of citizens;
10. Calls for changes to the 1982
law on citizenship to ensure due recognition of the right to
citizenship of the Rohingya ethnic minority;
11. Calls on the
Burma/Myanmar authorities to guarantee free and independent media and
ensure that the new media law allows for unrestricted access to
communication and information technology;
12. Calls on the
Government of Burma/Myanmar to initiate legal reforms in order to
ensure a truly independent and impartial judiciary and to establish a
process of justice and accountability for past human rights abuses;
13. Welcomes
the outcome of the 19th Session of the UN Human Rights Council, which
extended the mandate of the Special Rapporteur on the situation of
human rights in Burma/Myanmar for another year;
14. Calls on
President Thein Sein to investigate allegations of sexual violence by
the Burmese army and to prosecute those soldiers who have engaged in
such acts; urges the Government of Burma/Myanmar to put an immediate
end to the recruitment and use of child soldiers, to intensify measures
to ensure the protection of children from armed conflict and to pursue
its collaboration with the UN Secretary-General's Special
Representative for Children and Armed Conflict;
15. Calls on
President Thein Sein to consult the local communities affected by the
planned dam projects and to carry out independent environmental impact
assessments;
16. Welcomes the EU's positive gestures in support
of the beginning of the political transition in the country, including
the pledging of EUR 150 million for humanitarian assistance, aimed in
particular at developing the country's health and education facilities
and assisting the displaced persons;
17. Welcomes the measures taken by the Burmese authorities with regard to the Burmese currency's exchange rate;
18. Calls
on the Council to suspend the restrictive measures currently in place,
with the exception of the arms embargo, for an initial period of one
year, and closely to monitor the situation in the country;
19. Calls
on the Commission and the Council to set clear timelines and
benchmarks regarding the evaluation of the ongoing political and
economic reform process in Burma/Myanmar;
20. Acknowledges that
responsible and sustainable trade and investment – including with and
from the European Union – will support Burma/Myanmar's efforts to fight
poverty and to ensure that measures benefit broader sections of the
population, and calls on the Council and the Commission to consider
allowing Burma/Myanmar to have privileged market access to the European
Union;
21. Welcomes the EU's commitment to increasing aid to
conflict-afflicted populations and calls on the Government of
Burma/Myanmar to allow aid agencies and the United Nations access to
ethnic states, or to ensure that local community-based and cross-border
aid is provided in order to reach these vulnerable populations;
22. Welcomes
the forthcoming official visit by Baroness Ashton, High Representative
for Foreign Affairs and Security Policy, and her decision to establish
a diplomatic presence in the country and to inaugurate the EU Office
in Yangon on that occasion;
23. Recalls the invitation to the
Sakharov Prize winner, Daw Aung San Suu Kyi, to visit the European
Parliament in order to be officially presented with the Sakharov Prize
which she was awarded in 1991 for all she has done to promote democracy
and freedom in Burma/Myanmar;
24. Instructs its President to
forward this resolution to the Council, the Commission, the High
Representative for Foreign Affairs and Security Policy, the parliaments
and governments of the Member States, the Secretary-General of the
United Nations, the Secretary-General of ASEAN and the Parliament and
Government of Burma/Myanmar.
