First, he proposed amnesty laws and tried to release political prisoners.   Due to the past oppression by the State Peace and Development Council (SPDC)led by Senior Gen. Than Shwe, which held power until the 2010 November elections, there were over 2,200 political prisoners in various prisons with notorious reputations across the country.

However, the current government still did not classify them as “political prisoners”.  And among the recently-released 6,000 prisoners, only 200 were political prisoners.  Although international governments and Amnesty International (AI) welcome such progress, they maintain that the government must release more political prisons if it is sincere about transitioning to democracy.

The government has tried to show its ‘openness’ to the world, and it has since lifted restrictions on internet access to certain websites and even allowed the domestic media to write about Daw Aung San Suu Kyi. However, some activists who were charged under the Electronic Laws still languish in prison.  If there is real media openness in the country, those prisoners should be released.

The government also formed the “Myanmar National Human Rights Commission” to show it is serious about respecting the human rights of Burmese citizens.  The newly formed human rights body also announced that any citizen of Burma, who felt their rights had been violated can submit their case(s) to the commission and identify themselves.  However, having suffered violations for decades, citizens are weary to report abuses.  By their memory, whenever they fought for their human rights, they faced detention or worse.  The people still doubt whether they can trust the current government’s human rights body or not.

There are still many political prisoners whose only crime was fighting for the fundamental human rights of Burmese citizens.  Labour rights activists and those who fought for freedom of expression – political rights and civil rights – are still under detention; and if the government really wants to show respect for human rights, these political prisoners must be released.

If Burma’s government and President Thein Sein are really sincere about a democratic transition, they must release more political prisoners. And the newly-established human rights body should not do only ‘lip service’ towards human rights protection, but must scrupulously do what it takes to create a free, fair, and safe Burma. They must set up a proper framework of educating communities about human rights, meet with human rights victims, andhold public forums on past human rights abuses as well as set up plans for protection in the future.  They also must push for training of law enforcement to respect human rights within the law. An amendment should be made to the 2008 Constitution that stipulates the government must uphold all basic human rights principles regarding political, civil, social, economic, and cultural rights.  To fund the body, government must allocate sufficient budget for the Myanmar National Human Rights Commission to protect basic human rights. Finally, the human rights body must be independent from the government and the Burmese Army.

Both the majority Burmans and the various ethnic groups in the country are hungrily demanding peace, and they welcome the prospect of the government opening peace talks.  But, for the peace talks between the new government and the UNFC to work, it is necessary to have a countrywide ceasefire first, so that all sides will fully commit to a peaceful resolution.

Burma’s civil war has raged for over six decades, leading to many problems.  If the new government and the armed ethnic groups are to hold peace talks, they must commit to peace. And finally, they must settle all problems related to politics, society, economics, and human rights, peacefully. There must not be a return to war.

If the peace talks are held, both sides must be sincere and consider the interests of the people.  They should strive for the betterment of all ethnic peoples in the Union, especially those living in conflict areas and who have suffered six decades of war. The following points are crucial if the peace talks are to be successful:

• The countrywide ceasefire must be announced by the government, and all armed ethnic groups must agree to it, Each ethnic group then must form a delegation to participate in the peace talks.  During the preparation phase, all internally displaced persons (IDPs) must be allowed to return to their communities safely.

• The armed groups belonging to both the government and the ethnic political groups must stop committing human rights violations against the local civilians in conflict areas, such as killing, forced recruitment for soldiers or frontline porters, inhumane treatment, and other abuses.

• All sides must cease confiscation of land and property from civilians.  Soldiers must stop extorting and illegally taxing the people.  And all troops must cease committing sexual violence against women.

In bringing peace, all sides must consider their past mistakes and agree to building a better future.  Human rights, including the rights of minorities, must be respected.  Wrongs of the past, such as cases of arbitrary killings and inhumane treatment, sexual violations, unlawful confiscation of lands, and other serious cases of human rights violations must be considered, and justice must come about.

The new government’s Prime Minister in his key speech as plan to build a ‘national unity’ with ethnic nationalities. But in this situation, what was his definition on national unity. National unity could not build by pressure. The recent formation of Border Guard Force (BGF), an attempt to eliminate ethnic armed group could not reach for peace. Many ceasefire groups those did not accept the BGF planned to fight against the central government.

Therefore, if the new government plans to build national unity, it needs to consider for peace building first. Without peace, national building is impossible. Whether the new government want to build up ‘national unity’, or peace-building, it is necessary to listen the voices of ethnic people in all ethnic regions and Burman people in central part of Burma.

The government should consider about their expenditure for war, and it needs to seriously to reduce budget for war and increase budget building. Because of over six decades war, there are misinterpreting or mis-understanding between Burman majority and ethnic people. Peace-building should be set up from the community level, among the religious groups, and up to the political level.
International peace-building organizations also need to help the government in this process.

HURFOM believes that when the peace-building is completed, the human rights will be also promoted and protected.

If the new regime is really interested in building up ‘national reconciliation’, the Prime Mininster U Thein Sein must consider to release the above-mentioned ‘political prisoners’.  If the USDP is really moving toward for democratization in Burma, they must allow freedom of expression of the people.  Those political prisoners were arrested in the former regime, for their democratic practice in expressing their views and opinions.

All political prisoners, 88 Generation leaders, ethnic leaders, social activists and labor activists can play an important part of ‘national reconciliation’ if the new regime is clever enough to negotiate.  If they are allowed to be able to sit on ‘negotiation table’, there will be no political conflict and street demonstration.

The new government must not see the political prisoners, as their political enemy, but they can negotiate with them for the betterment of the country.

Along with the international community, HURFOM recommends to the regime that it needs to consider for a national reconciliation strategy first, if it really need to improve social and economic development in the country.  These political prisoners can provide many inputs to the new government.

If the government is really promoting a democratic system, they must agree to allowing the freedom of expression, political opinions, and political beliefs. They must allow the opposition parties or other political forces to analyze the government policies and its rules. First, the government should release all political prisoners or social workers imprisoned in the previous government. These political figures and activists were put in jail just for expressing their political opinions. If freedom of expression is allowed in this new government, all political prisoners must be released.

Similarly, many social activists who were working in the fields of labor rights, relief, health care, and education were arrested and put in jail for their competing activities against the previous military governments. They were working in the field against forced labour, the relief program during the 2008 Cyclone Nargis incident, and providing education for poor students. If the new government respects freedom of association and assembly and respects the rights of people for education and health care, they must release all of these social activists.

For a democratic and peaceful Burma, the new government must respect the opinions of the ethnic minority people. Ethnic people have concern for their nationality identity and territories, so the new government must talk to all ethnic minorities, asking them what their needs are to protect their national identity. The government should find a way to bring about national unity and peace in the country. If not, the democratic system will not come about peacefully.

If the government claims that they are an elected government, then they must respect all opinions from different individuals, organizations and ethnic groups.

During the long course of civil war in Burma, the ethnic people have been the people to suffer the most for decades.  They never obtained any political rights and fundamental freedoms like the majority population in the country.  They are never the decision-makers for their natural resources in their homelands.

The military regime and the Burmese Army have operated intensive military operations against these ethnic minorities and committed gross human rights violations on a daily basis.  Thousands of ethnic people have had to flee from their homes.

The new government elected from the November 2010 election is as same as the previous government.  But if this government wants stability and economic prosperity, they must cease their decades old civil war and offer the possibility of ethnic rights to the minorities according to international principles.  The population of all combined ethnic nationalities is about one-third of the total population of Burma, and they occupy half of the country’s area. But their rights and the benefits from their land are limited.  If the government continues to ignore the rights of these minority people, this will lead to continuous civil war.

While the whole world is respecting human rights and promoting human rights, the people of Burma have greatly suffered from human rights violations. In the civil war in eastern Burma, the Burmese Army and some ethnic armies still commit human rights violations against ethnic civilians, such as killing, torture, sexual violence, land confiscation, forced relocation, destruction of civilians’ property, recruitment of child soldiers, and still, forced labor.

HURFOM, again, welcomes the newly formed ‘UN Commission on Inquiry’ to investigate war crimes in Burma, and especially the effort to take actions against those who have committed decades of human rights violations, whether they are members of the government, the Burmese Army or ethnic armies.

These human rights violations fall within the category of crimes against humanity. Many human rights organizations on the border, with their human rights teams, have documented many cases. Many human rights victims are now staying in the refugee camps and in migrant communities. Human rights groups, relief groups, womens’ groups, and media groups in the border area, have long known where these victims are. With this knowledge, these groups are ready to help the UN Commission of Inquiry if needed.

HURFOM, as a member organization of the ND-Burma (Network for Documentation –Burma) network, will actively participate if the UN Commission of Inquiry requires assistance from these local groups.

Land and properties confiscation in all the ethnic areas by the Burmese Army has continued since 2000, when, in the southern part of Mon State, the Burmese Army deployed more troops to set up a ‘self-reliance’ program with its armed forces.  The farmers and local villagers in Ye and Yebyu Township do not forget their suffering after the Burmese Army took their lands without compensation.

The farmers were always connected to these lands since their ancestors’ time. Whether the State recognizes these lands as belonging to the farmers or not, it does not matter. The lands belong to the farmers.  More than 10,000 acres of lands in Mon State have been confiscated since 2000 and the land confiscation problem is addressed by the military regime.

After the November 7 elections, instead of the Burmese Army, the private companies close to the regime get involved in taking land from farmers. Evidence indicates that the Burmese Army Southeast Command has backed the Zaykabar Company’s involvement in land confiscation in Kyaikmayaw Township. When this happened the local farmers suddenly lost their land, employment, and income.

On the eve of forming a Mon State government, within 90 days after elections, the local Mon farmers are still worrying whether the new government will protect them or will abuse them.  The question they ask is whether the new government will intend to resolve these past human rights problems, or will they just keep silent.

There is no law or legislation in the 2008 Constitution on the rights of land ownership.  Additionally there is no legislative power in the State or Division government to make laws on land ownership.  In this way, if the new government has no intention to solve the illegal land confiscation problem, the people will not be satisfied with their ruling, and the elections will have been meaningless for voters.
Please go to The Regime and The Companies in Collaboration in Land Confiscations to view the survey

Many people expect she can make a change for Burma, as she also officially spoke about building up a ‘national reconciliation’.  But since the regime change after November 7 was not significant, whether she can move forward or deal with the regime in getting genuine national reconciliation remains a question.

The people in the entirety of Burma have suffered enough because of no ‘national reconciliation’ in this country.  The regime has not tolerated the people ‘s freedom of speech and assembly since 1988 and the people’s and Buddhist monks’ peaceful demands’ for national reconciliation and peace are always rejected.

Ceasefire talks with ethnic armed groups do not proceed toward peace and reconciliation.  The regime uses them just for show and never guarantees them rights to their lands, property, language, and culture preservation.  By the end, when there is no political guarantee, a dozen ethnic armed groups again oppose the,  now new, USDP (Union Solidarity and Development Party) government.  When the new civil war breaks out the ethnic people in all of the border regions will face more suffering through displacement and migration from their homes.

Yet, ethnic people have always been expecting national reconciliation because they want to stay at their homes safely and work in their farms without harm.  If Daw Aung San Suu Kyi can bring peace and reconciliation, then change for all of the people will really happen.

There is a very little expectation that the new government will stop civil war. The new government is completely formed and based on the 2008 Constitution. The constitution plans to consolidate all ethnic armed forces into the Burmese Army under the name of the “Border Guard Force” or “Militia Force”. Many larger ethnic armed forces did not agree with this plan and will reject similar plans, if pushed by the USDP government. Then civil war will break out.

New civil war will extend along the whole Sino-Burmese border and Thai- Burmese border, and a bit along the India and Bangladesh borders with Burma. With the new government orders and support, an intensive military offensive against the ethnic armed forces will be conducted in order to pressure them to lay down their arms.

But learning from 5 decades civil war in Burma, nobody, not the Burmese Army nor ethnic armed forces, can win this war. The people just suffer and suffer. Human rights violations have been widespread, and there has been no safe place for thousands of displaced persons to take shelter. Refugees even now remain in Thailand and Bangladesh.

Although the people in Burma dreamed for peace, they will continuously suffer various types of abuses. The international community must understand the situation in Burma and needs to find a way to support peace and reconciliation in Burma.