November 2015 / N 668a. Half Empty: Burma s political parties and their human rights commitments

Transcription

1 November 2015 / N 668a Half Empty: Burma s political parties and their human rights commitments

2 AFP PHOTO / Soe Than Win MPs attend parliamentary session in Naypyidaw on July 4, 2012.

3 TABLE OF CONTENTS 1. Foreword 2. Executive summary 3. Methodology 4. Outgoing Parliament disappoints on human rights Media freedom Religious discrimination Role of the military Accountability for past crimes Legislative reform Women s rights Death penalty Ethnic minority rights Human rights defenders Investment, development, and infrastructure projects Next government s top priorities 6. Recommendations to elected MPs 7. Appendixes Appendix 1: Survey s complete results Appendix 2: Political parties contesting the 8 November election

4 1. FOREWORD By Tomás Ojea Quintana, former UN Special Rapporteur on the situation of human rights in Myanmar to visit the new Parliament in Myanmar, I was able to economic course. 2. EXECUTIVE SUMMARY Suu Kyi, is expected to win. 1 4 Burma Issues & Concerns Vol. 6: The generals election, January 2011 FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS

5 concerns. The report provides numerous recommendations to MPs, based on statements and reports issued by various UN special procedures as well as resolutions adopted by 3. METHODOLOGY [See Appendix 2: Political parties contesting the 8 November election Appendix 1: Survey s complete results FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 5

6 6 FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS

7 4. OUTGOING PARLIAMENT DISAPPOINTS ON HUMAN RIGHTS ]. 2 Repealed Source: FIDH FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 7

8 4 5 On 6 November 2012, 6 On 25 September 2014, the Table 1: Amendments to articles of the Constitution rejected by MPs on 25 June 2015]. 8 They included the amendment by ethnic minority MPs. Fourth-day second regular session of First Pyithu Hluttaw takes place - Questioning, replying, discussing and submitting propfirst Pyithu Hluttaw second regular session goes on for sixth day - Questions raised and answered, proposals and bills submitted for approval Government to submit new jail law: minister First Pyithu Hluttaw second regular session goes on for seventh day - Questions raised and answers, proposals and bills submitted for approval, Parliament rejects reform of emergency act Proposal to revoke Myanmar Citizenship Law put on record MPs block amendments to 1982 Citizenship Law, Priority given to upgrading bridges on Taunggyi-Kengtung road: Deputy Minister Myanmar parliament votes to keep military veto 8 FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS

9 Source: Global New Light of Myanmar Table 2: Race and Religion Protection Laws (MaBaTha) FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 9

10 Source: FIDH the Tatmadaw increase [See Table 3: Military spending from FY to FY]. 10 FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS

11 % SURVEY FINDINGS: HUMAN RIGHTS PRIORITIES NEGLECTED Source: FIDH commitments to resolve them. FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 11

12 5.1 - Media freedom (Question #1) similar and overly broad clauses to prosecute. is still problematic and authorities can use it anytime to impose restrictions on publications. In September and October 2014, authorities ordered Unity years in prison each under the State Secrets Act Religious discrimination (Question #2) AFP PHOTO / Soe Than Win on April 1, November 2012 [See above Outgoing Parliament disappoints on human rights] FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS

13 5.3 - Role of the military (Question #3) a priority [See above Outgoing Parliament disappoints on human rights allocated to the military Accountability for past crimes (Question #4) 11 the situation of human rights in Myanmar, Tomás Ojea Quintana FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 13

14 5.5 - Legislative reform (Question #5) Women s rights (Question #6) Death penalty (Question #7) Despite record numbers, women candidates still face hurdles in Myanmar s male-heavy election Voluntary Political Party Quotas 14 FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS

15 De facto abolitionist 1988 Yes No Abstained Source: FIDH Ethnic minority rights (Question #8) schools Human rights defenders (Question #10) FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 15

16 areas where they operate Development, investment, and infrastructure projects (Question #11) Responses showed that there one particular measure that development, investment, and have on local communities. parties said they would study other countries experiences AFP PHOTO / Soe Than Win parties wanted to amend to ensure that it is consistent Next government s top priorities (Question #13) 16 FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS

17 6. RECOMMENDATIONS TO ELECTED MPs Legislative reform Freedom of information Transparency Discrimination against Muslim Rohingya Statelessness. FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 17

18 Accountability for past crimes Women s rights lists. Death penalty all executions. Ethnic minority rights Human rights defenders 18 FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS

19 sions in areas where they operate. Investment, development, and infrastructure projects FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 19

20 7. APPENDIXES APPENDIX 1: SURVEY S COMPLETE RESULTS (Total percentages can add up to more than 100% as the questionnaire allowed political parties to select multiple answers for each question.) 57.89% No answer. 2. How would your political party address discrimination against Muslim 42.11% No answer. 3. What would your political party do in relation to the military s role in the under civilian control. No answer. 20 FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS

21 4. How would your political party address the issue of accountability for past crimes committed by state-actors during State Law and Order Restoration 57.89% 15.79% No answer % 42.11% 42.11% No answer. 6. What would your political party do to strengthen the protection and promotion 57.89% run in parliamentary elections at the national and local levels. and/or mental health. No answer. FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 21

22 7. Would your political party introduce or vote in favor of legislation that No. No answer. 8. How would your political party contribute to promote rights of ethnic 84.21% 42.11% schools. No answer % 42.11% 42.11% 42.11% No answer % 22 FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS

23 42.11% 42.11% No answer. 11. What would your political party do to limit the negative impact that development, investment, and infrastructure projects could have on local 57.89% No answer. 12. On which of the following human rights areas would your political party No answer. FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 23

24 Release all political prisoners. and IDPs to their homes. minorities % No answer. 24 FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS

25 7.2 - APPENDIX 2: POLITICAL PARTIES CONTESTING THE 8 NOVEMBER ELECTION Party 25. Federal Union Party 5. All Nationals Democracy Party 28. Inn National Development Party Democracy Party 15. Danu National Democracy Party Development Party Party 40. Khami National Development Party New Society Party Society Development Party Development Democratic Party 46. Modern People Party FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 25

26 48. Mro National Democracy Party 50. Mro National Party 51. Myanmar Farmers Development Party Development 55. National Development and Peace Party 56. National Development Party Party Party Democracy Party Development Party National Politics 60. National Unity Party Party 82. Union Solidarity and Development Party 64. New Society Party 66. Peace and Diversity Party Kachin State 86. Wa Democratic Party Democracy Party Party 26 FIDH - HALF EMPTY: BURMA S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS

27 Keep your eyes open Director of Directeur de la publications: publication: Karim Lahidji Editor: Rédacteur en chef: Antoine Bernard Antoine Bernard Author: Auteur: commodo Contributeurs: Design: tellus FIDHid libero Coordination: tellus id libero. Establishing the facts Supporting civil society Mobilising the international community Informing and reporting Supported (in part) by a grant from the Open Society Foundations CONTACT US FIDH 17, passage de la Main d Or Paris CCP Paris: Z Tel: (33-1) Fax: (33-1) Imprimerie de la FIDH - Dépôt légal octobre FIDH (Ed. anglaise) ISSN Fichier informatique conforme à la loi du 6 janvier 1978 (Déclaration N )

28 FIDH represents 178 human rights organisations on 5 continents ABOUT FIDH A broad mandate A universal movement more than 100 countries around the world. FIDH coordinates and supports their activities and provides them with a voice at the international level. An independent organisation