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Chapter five

Myanmar and the United Nations

Pages 83-96 | Published online: 11 Jan 2007
 

Abstract

Against the background of its problematic human-rights record and the military regime's continued extra-constitutional rule, Myanmar has faced mounting diplomatic pressure from the international community since the renewed detention of Daw Aung San Suu Kyi in May 2003. This Adelphi Paper examines Myanmar's foreign policy, which is predicated on state-building and development, as well as defending the regime's decision to give priority to establishing an enduring constitution over immediate national reconciliation and democratisation. It discusses how the regime has been able to take advantage of the economic, security and geostrategic interests of both China and India in the country to achieve developmental and security goals, and how its relations with Beijing in particular have assumed ever greater significance as Western capitals have sought to place Myanmar under the scrutiny of the UN Security Council on the grounds that its domestic circumstances have regional security implications. It discusses the regime's objectives, concerns and challenges in its relations with the US, Japan and Europe; details the difficult decisions of the leadership as ASEAN has started to relax its application of the non-interference norm when dealing with Myanmar; and examines its interaction with the UN, particularly the secretary-general and his special envoys. The paper concludes by analysing the likely regional and international implications of intensified political pressure on the military regime.

Notes

1 Liang, Burma's Foreign Relations: Neutralism in Theory and Practice, (Boulder, CO: Praeger, 1990), pp. 59–60, 197.

2 For the biography of U Thant see: http://www.un.org/Overview/SG/sg3bio.html.

3 This chapter does not address Myanmar's problems with the ILO. For an overview of the issues at hand see Jim Andrews, ‘Showdown Time: ILO Sanctions loom as Burma spits defiance’, The Irrawaddy, vol. 13, no. 3, March 2005, pp. 16–19.

4 A number of UN organisations operate in Myanmar, including the United Nations Development Programme, the United Nations Children's Fund, the Food and Agriculture Organisation of the United Nations, the World Health Organisation, UNHCR, the Joint United Nations Programme on HIV/AIDS, the World Food Programme and the United Nations Office on Drugs and Crime.

5 UNGA, 59th Session, Resolution Adopted by the General Assembly, 59/263. Situation of human rights in Myanmar, A/RES/59/263, 23 December 2004.

6 United Nations, Economic and Social Council, Commission on Human Rights, 61st Session, Summary Record of the 50th Meeting, 14 April 2005, E/CN.4/2005/SR.50, 21 April 2005.

7 Compare UNGA, Situation of human rights in Myanmar, A/Res/59/263, 23 December 2004 and UNGA, Situation in Myanmar, A/RES/46/132, 17 December 1991.

8 Derek Tonkin, ‘A Critical Analysis of Havel–Tutu Report on Myanmar/Burma’, Free Burma Coalition, 4 October 2005: http://www.freeburmacoalition.org/derektonkinonhaveltutureport.htm.

9 UNGA, Situation of Human Rights in Myanmar, 18 November 2005, A/C/3/60/L/53-Motion (Cuba): http://www.un.org/ga/60/third/i71cl53motion.pdf.

10 UNCHR, Situation of human rights in Myanmar, Commission on Human Rights Resolution 1992/58, 3 March 1992, E/CN.4/RES/1992/58.

11 UNGA, Letter from the Permanent Representative of Myanmar to the United Nations addressed to the UNSG, 11 November 1997, A/C.3/52/5.

12 UNGA, 51st Session, Situation of human rights in Myanmar, Note by the Secretary-General, General Assembly, A/51/466, 8 October 1996.

13 UNGA, 51st Session, Letter dated 13 December 1996 from the Permanent Representative of Myanmar to the United Nations addressed to the President of the UNGA, 16 December 1996, A/51/738.

14 The military government has been reluctant to allow for visits to Shan State, in part owing to the security situation on the ground.

15 United Nations, Economic and Social Council, Commission on Human Rights, 58th Session, Note verbale dated 27 March 2002 from the Permanent Mission of Myanmar to the United Nations Office at Geneva, E/CN.4/2002.158.

16 United Nations, Economic and Social Council, Commission on Human Rights, 59th Session, Note verbale dated 18 March 2003 from the Permanent Mission of Myanmar to the United Nations Office at Geneva, E/CN.4/2003/G/47, 21 March 2003, p. 3.

17 UNCHR, Interim Report of the Special Rapporteur of the Commission on Human Rights on the Situation of Human Rights in Myanmar, A/58/219, 5 August 2003.

18 United Nations Economic and Social Council, Commission on Human Rights, 60th Session, Situation of human rights in Myanmar, Report submitted by the Special Rapporteur, 5 January 2004, E/CN.4/2004/33.

19 Ibid., p. 12.

20 ‘UN envoy slams Myanmar assembly’, Taipei Times, 2 June 2004: http://www.taipeitimes.com/News/world/archives/2004/06/02/2003157928.

21 United Nations Economic and Social Council, 61st Session, Situation of human rights in Myanmar, Report of the Special Rapporteur Paulo Sérgio Pinheiro, E/CN.4/2005/36, 2 December 2004.

22 UNGA, 60th Session, Interim report of the Special Rapporteur of the Commisson on Human Rights on the situation of human rights in Myanmar, A/60.221, 12 August 2005.

23 United Nations, Economic and Social Council, Report of the Special Rapporteur on the situation of human rights in Myanmar, E/CN.4/2006/34, 7 February 2006, p. 3.

24 Ibid.

25 The Human Rights Council was established in March 2006. It will convene for the first time on 19 June 2006. On its remit and powers, see: UNGA, Resolution 60/251 Human Rights Council, 15 March 2006, A/RES/60/251.

26 UNGA, 49th Session, Situation of human rights in Myanmar, Report of the Secretary-General, General Assembly A/49/716, 25 November 1994.

27 United Nations, General Assembly, 50th Session, Situation of human rights in Myanmar, Report of the Secretary-General, A/50/782, 24 November 1995.

28 United Nations Economic and Social Council, Commission on Human Rights, 57th Session, Report of the Secretary-General on the situation of human rights in Myamar, 22 March 2001, E/CN.4/2001/33.

29 UNGA, 56th session, Situation of human rights in Myanmar, Report of the Secretary-General, 24 October 2001, A/56/505.

30 United Nations Economic and Social Council, Commission on Human Rights, 59th Session, Situation of Human Rights in Myanmar, Report of the Secretary-General submitted pursuant to General Assembly resolution 57/231, 10 March 2003, E/CN.4/2003/33.

31 ‘UN envoy's mission makes no headway’, Bangkok Post, 4 October 2003.

32 United Nations, Economic and Social Council, 60th Session, Report of the Secretary-General, Situation of human rights in Myanmar, 3 March 2004, E/CN.4/2004/30.

33 One example is the meeting between Nyan Win and the special envoy on the occasion of the ASEAN Summit in Vientiane in November 2004.

34 In part, these suspicions have fed on the previous and subsequent work-related links of one of Razali's assistants.

35 Personal communication. See also ‘An Interview with Razali Ismail: Thoughts of Former UN Envoy’, The Irrawaddy, 10 January 2006: http://www.irrawaddy.org/aviewer.asp?a=5348&z=6.

36 Burma UN Service Office, National Coalition Government of the Union of Burma and The Burma Fund, The Crisis in Burma.

37 United Nations, Economic and Social Council, Commission on Human Rights, Sixty-first session, Report of the Secretary-General on the situation of human rights in Myanmar, 7 March 2005, E/CN.4/2005/130.

38 UNGA, Situation on human rights in Myanmar, Report by the Secretary-General, 10 October 2005, A/60/422.

39 ‘An Interview with Razali Ismail: Thoughts of Former UN Envoy’.

40 For an apparent exception see Dana R. Dillon, ‘Time for a U.N. Security Council Resolution on Burma’, Executive Memorandum no. 990, The Heritage Foundation: http://www.heritage.org/Research/AsiaandthePacific/em990.cfm.

41 DLA Piper Rudnick Gray Cary on behalf on Havel and Tutu, Threat to the Peace, p. 59. For a counterpoint to several issues contained in the report see Tonkin, ‘A Critical Analysis of Havel–Tutu Report on Myanmar/Burma’.

42 United Nations, Commission on Human Rights, 62nd Session, The situation of human rights in Myanmar, Report of the Secretary-General, 27 February 2006, E/CN.4/2006/117. Emphasis added.

43 The Global Fund fights AIDS, Tuberculosis and Malaria. In August 2005 it announced its withdrawal from Myanmar by the end of the year because in light of new procedures for travel clearances and the procurement of medical and other supplies, its grants to the UNDP could no longer be managed in a way that would have ensured effective programme implementation. The United States is by far the largest donor to the Global Fund.

44 United Nations, Commission on Human Rights, 62nd Session, The situation of human rights in Myanmar, Report of the Secretary-General, 27 February 2006, E/CN.4/2006/117, p. 4.

45 UNSG, ‘Under-Secretary-General Gambari to Visit Myanmar, Beginning 19 May’, 16 May 2006: http://www.un.org/News/Press/docs/2006/sgsm10464.doc.htm.

46 Situations in which a ‘pocket veto’ is used are those in which a procedural matter is open to simple majority vote, but where permanent members rely on the threat of their veto power to prevent a matter from being placed formally on the UNSC agenda. The ‘pocket veto’ is also known as the ‘hidden veto’.

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