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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-09-29 Daily Xml
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HUMAN RIGHTS, BURMA

Adjourned debate on motion of Hon. T.A. Franks:

That this council—

1. notes the 5 March 2010 report of the United Nations (UN) Special Rapporteur on the situation of human rights in Myanmar documents 'a pattern of gross and systematic violation of human rights which has been in place for many years and still continues';

2. notes the Special Rapporteur states these violations 'may entail categories of crimes against humanity or war crimes under the terms of the statute of the International Criminal Court' and recommends that 'UN institutions may consider the possibility to establish a commission of inquiry with a specific fact finding mandate to address the question of international crimes';

3. notes on 9 March 2010 the Burmese regime announced the election laws for the forthcoming election based on the 2008 constitution that excludes political activists who have been arrested, Buddhist monks and nuns and public servants from standing for election, prevents the National League for Democracy (NLD) headed by Aung San Suu Kyi, and winners of the country’s last election, from registering if Aung San Suu Kyi remains a party member, and annuls the results of the 1990 election which saw the NLD win more than 80 per cent of the vote; and

4. welcomes the Australian government’s indication that it would support investigating possible options for a United Nations commission of inquiry, and—

(a) articulates its support for human rights and democracy in Burma;

(b) calls for the release of each of the 2,100 political prisoners in Burma;

(c) condemns the 2008 constitution as anti-democratic; and

(d) supports the call for all governments to refuse to accept the results of the Burmese elections scheduled to be held later this year unless all political prisoners are unconditionally released and a new democratic constitution is introduced that would permit the full participation of all political parties and individuals and would respect the will of the Burmese people.

to which the Hon. S. G. Wade has moved to amend by leaving out all words after 'That this council' and inserting the following:

1. notes that the 10 March 2010 report of the United Nations Special Rapporteur on the situation of human rights in Myanmar documents 'a pattern of gross and systematic violation of human rights which has been in place for many years and still continues';

2. notes that the Special Rapporteur states 'the possibility exists that some of these human rights violations may entail categories of crimes against humanity or war crimes under the terms of the Statute of the International Criminal Court' and recommends that 'UN institutions may consider the possibility to establish a commission of inquiry with a specific fact finding mandate to address the question of international crimes';

3. notes that on 9 March 2010 the Burmese regime announced the election laws for the forthcoming election based on the 2008 constitution that excludes persons serving prison terms and public servants from standing for election, may prevent the National League for Democracy (NLD) headed by Aung San Suu Kyi, and winners of the country’s last election, from registering if Aung San Suu Kyi remains a party member, and annuls the results of the 1990 election which saw the NLD win more than 80 per cent of the vote;

4. notes that on 10 March 2010 the United States of America (US) Assistant Secretary of State, Mr Kurt Campbell, said that the election laws were 'disappointing and regrettable' and the US State Department spokesperson, Dr Philip Crowley, said 'given the tenor of the election laws that they put forward, there’s no hope that this election will be credible'; and

5. welcomes the government’s statement on 15 March 2010 to the UN Human Rights Council expressing its support for 'investigating possible options for the establishment of a United Nations commission of inquiry' and the statement of the US acknowledging the significance of the Special Rapporteur’s recommendations to create a commission of inquiry which 'underscores the seriousness of the human rights problems in the country and the pressing need for the international community to find an effective way to address challenges there.

(Continued from 15 September 2010.)

The Hon. I.K. HUNTER (20:31): I indicate that Labor members will be supporting the amendment moved by the Hon. Mr Wade.

Amendment carried; motion as amended carried.

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