Burma (Persecution of Minorities)

Kerry McCarthy Excerpts

Wednesday 25th June 2014 Westminster Hall

[Kerry McCarthy (Bristol East) (Lab)]

Thank you, Mr Howarth, for calling me to speak. As ever, it is a pleasure to serve under your chairmanship.

I thank the hon. Member for Bradford East (Mr Ward) for securing this debate today. Although it is undeniable that Burma has made considerable progress in recent years, many Burmese civil society representatives who I have met have made the point that the hon. Gentleman made: in some ways the narrative has been established that there has been so much progress in Burma—it is moving towards democracy, Aung San Suu Kyi has been released from house arrest and elected to Parliament, and, I think, 42 of the 43 seats in by-elections were won by her party—that everything is well and good in Burma. However, people have expressed their anxiety to me that that narrative has allowed some of the real concerns that have been highlighted today to be overshadowed by it, almost to the extent that there is a degree of complacency about Burma’s progress. Obviously, we have to be vigilant that that is not the case.

We have discussed the plight of the Rohingya on several occasions in the House. My hon. Friend the Member for Walsall South (Valerie Vaz) has had to leave to attend another meeting, but she and my hon. Friends the Members for Leicester South (Jonathan Ashworth) and for Bethnal Green and Bow (Rushanara Ali) have a particular interest in this topic, mainly because their constituents have raised it with them, as was the case with the hon. Member for Bradford East. Sadly, however, there is little sense that much has changed since we started talking about this issue.

Since the outbreak of inter-communal violence two years ago, hundreds of people have lost their lives, as we have heard, while 140,000 internally displaced persons are living in camps, where their freedom of movement is restricted.

Following a visit to Burma earlier this month, the UN deputy humanitarian chief described conditions in one camp as

“appalling, with wholly inadequate access to basic services including health, education, water and sanitation”.

As my hon. Friend the Member for Bradford East quoted, she witnessed

“a level of human suffering in IDP camps that I have personally never seen before”.

We have also heard that aid workers came under attack in March. It is not just the local community that is impeding the efforts of aid workers; the Burmese Government suspended Médecins sans Frontières’ work in a number of states and were alleging bias towards the Rohingya community.

Such is Burma’s rejection of the Rohingya that they are commonly referred to as Bengalis and, as we heard, there are disputed reports that UNICEF had to apologise for using the word “Rohingya”. The Government have yet to bring the perpetrators of the attacks on NGOs and the UN to justice and aid workers continue to put their own safety at risk.

Questions have been raised about whether the treatment of the Rohingya and the systematic denial of basic rights amount to genocide. Human Rights Watch has previously warned of ethnic cleansing in Rakhine state and the UN special rapporteur on the human rights situation in Burma voiced his alarm at the deteriorating crisis, warning that

“recent developments in Rakhine state are the latest in a long history of discrimination and persecution against the Rohingya community which could amount to crimes against humanity”.

These are allegations of the utmost severity, yet the gravity of the situation does not seem to be matched by the response from President Thein Sein and it is not matched by the international community’s response, which lacks urgency. Concern has been expressed, but expression of concern is simply not enough to deal with the situation.

Our concerns are, of course, not only confined to Rakhine state. The Kachin conflict has been ongoing for three years after the breakdown of the 17-year ceasefire, and there are continuing troubles in northern Shan state. The UN special rapporteur estimates there are 100,000 internally displaced persons in Kachin and Shan, and reported to the Human Rights Council in March allegations of sexual violence against Kachin women and the arbitrary detention and torture of young Kachin men. He continues to receive allegations of

“serious human rights violations accompanying military offensives”

in those areas, including reports that more than 100 women and girls have been raped by army soldiers since 2010; 47 cases of gang rape; and 28 women dying from their injuries.

Between March and October 2011 alone, the Women’s League of Burma documented 81 rapes in Kachin and Shan states. The Minister will know that there are great difficulties documenting such atrocious crimes, not least because many victims or witnesses have been intimidated into silence by the army, so the real figures may well be much higher. The Kachin Women’s Association Thailand looked at 34 cases of rape in the Kachin conflict between just June and August 2011 and found that 44% of the victims were killed by their rapists. Such attacks have been perpetrated with impunity, as we have heard. Ethnic women’s organisations are concerned that President Thein Sein’s Administration is reluctant to work with women’s groups to stem the sexual violence, while the Burmese constitution protects military officers, who can only be tried in military courts. It is difficult to achieve prosecutions either in the usual criminal courts or the military courts.

Women’s organisations have also emphasised to me how land grabs, which the hon. Member for Strangford (Jim Shannon) mentioned, are increasingly a concern in Shan state. It is not only the military who are responsible. If the military seize land in an area, the rate of sexual violence increases, too; it seems to accompany their presence. Mining companies are also responsible. Burma seeks to open its country and economy to overseas businesses, which the UK Government have been keen to support. I will return to that in a bit more detail later. As mining companies come in, there is a real issue—as we have seen in so many other developing countries—with land being confiscated from the people who have sustained a living from it for many years.

It is known that Thailand wishes to return refugees from the Thai-Burma border. It returned 1,300 Rohingya refugees last year. I understand that, with the military coup in Thailand and the new regime there, this demand for refugees to be returned and the lack of consideration for refugees is exacerbated. China has returned refugees, too. The continuing conflict and difficulties in providing humanitarian assistance mean that it is by no means safe to return. It is no longer clear where the refugees would return to, given what I have just said about land grabs: the land belonging to the IDPs has been confiscated.

It had been hoped that this year’s census could provide a breakthrough in upholding the rights of ethnic minorities. DFID contributed £10 million for the census, as we heard, making the UK the leading donor, among contributions from the UN and other states, which obviously puts the onus on us to ensure that the census is conducted fairly and properly. The Burma Campaign was among those to warn that Burma was not ready for its first official census in 30 years, highlighting ethnic groups’ concerns that it could exacerbate inter and intra-communal tensions. It has also been reported that 23 civil society groups wrote to the parliamentary Speaker to ask for the census to be postponed, amid heightened tensions and objections to the categorisation of ethnic groups and sub-groups.

It was notable that the census did not use the preferred names of the ethnic groups themselves and was only produced in Burmese, except for some English copies for foreigners. So from the outset it was not an inclusive process that recognised and respected the language and heritage of Burma’s many ethnic groups. The UN special rapporteur observed that

“the Government has approached the census without sufficient or meaningful consultation with all affected communities”.

As we have heard, the UK received assurances that the Rohingya would be able to self-identify, but Burma’s Government failed to honour that commitment. As the UN special rapporteur highlighted, the decision to prevent self-identification

“is not in compliance with international human rights standards”.

I understand that the FCO subsequently summoned the ambassador, but it is not clear whether any conditions were attached to UK funding for the census or what precautions were taken by DFID and the FCO to reduce the likelihood of further violence caused by publication.

As I have said, I have on a few occasions met women from ethnic minority groups in Burma, most recently meeting women who visited for the summit on ending sexual violence in conflict. I congratulate those who participated in that initiative and, in particular, I congratulate the Foreign Secretary on his work. When I met those women we talked, obviously, about sexual violence, particularly in respect of ethnic minority women in Burma. They told me that there are no specific legal protections for women and children, most particularly in the ethnic and rural areas; that Burma’s rape law is based on a penal code from the 19th century and it is, for example, legal for a man to rape his wife; and that domestic violence is not taken seriously.

The thing that struck me was that, right through the chain of trying to take action against sexual violence, there are obstacles in the way. It is partly to do with a culture that treats domestic violence and attacks on women as acceptable. But the police officers are all male, so when investigating rapes and talking to victims, that is obviously a problem. There is little in the way of rape support services and certainly no official rape support services; it is difficult to obtain a prosecution; victims are intimidated, as hon. Members have said; and prosecutions against military officers have to go through the military courts. At every step there are problems achieving prosecutions.

One outcome of the recent summit was that the Foreign Secretary said that prosecutions have to be the way forward, but it is much easier to say things than achieve them, and so much needs to be tackled. I urge the Government to consider working specifically with women’s groups, particularly from the ethnic minority communities in Burma, to see how we can address some of these issues.

Women have fewer than 5% of the seats in Parliament. That is exacerbated by the fact that 25% of the seats are reserved for the military, although there are now two female representatives in the military section. Women are even more under-represented in the Government. The Global Justice Center cites Burma as an example of the failure of the UN resolutions on women, peace and security and there are particular concerns that women are not involved in the talks to end the ethnic conflicts. I urge the Minister to talk to colleagues in DFID about what further work can be done on capacity building with women’s groups.

It is encouraging that the President has now agreed to sign the declaration of commitment to end sexual violence in conflict, but, as I have said, that can only be the start of the process. The women I met who had been to the summit displayed a degree of scepticism, saying, “It is good that we have got this far, but it shouldn’t just be about the summit. The action has to be matched by words and a detailed plan for implementation.”

I shall, as the hon. Members for Strangford and for Bradford East did, mention the role of the Ministry of Defence and the British Army in offering training to the Burmese military. This gives the UK a certain degree of leverage, as does the aid funding that we have put towards the census and other programmes. The UK needs to use that leverage to challenge the constitutional role of the military—as I have said, it has 25% of the seats in the Burmese Parliament—and, more specifically, the human rights violations, sexual violence and land grabs for which the military are responsible, as well as to question the culture of impunity. Very few military officers have been prosecuted.

Finally, it is important to highlight other recent worrying developments, including the President’s reported support for laws preventing inter-religious marriage and religious conversion. Those would constitute serious breaches of international human rights, which I trust the Foreign Office is discussing with its Burmese counterpart. Human Rights Watch has reported that the electoral commission has tried to intimidate Aung San Suu Kyi’s party, the National League for Democracy, and to restrict comments on military and constitutional reform, while Amnesty International has cited the recent arrests of human rights defenders and new prisoners of conscience in detention.

The Government’s cross-departmental paper “UK Activities in Burma” focuses on encouraging responsible investment in Burma. It is welcome that Burma is opening its doors to foreign investment, and there is the Association of Southeast Asian Nations free trade agreement as well. That is important and needed, but efforts to promote the GREAT Britain campaign, run by the Foreign Office, must not overshadow work to promote democracy and human rights in Burma. Last September, the Government published their business and human rights action plan, and I hope the Foreign Office is ensuring that British businesses are aware of the human rights situation in Burma and, in particular, the need to respect land rights when they seek to invest in that country.

“UK Activities in Burma” states:

“We are well positioned to have a positive impact in Burma.”

I urge the Foreign Office to use that position to push for the constitutional reforms that Burma needs for free, fair and inclusive elections next year, including the removal of the barrier to Aung San Suu Kyi perhaps taking on the mantle of President; for basic political and human rights to be respected; for the opening of a country office of the UN High Commissioner for Human Rights; and for an end to the conflict. I realise I have focused on the negative; I am not underestimating how far Burma has come—the progress is welcome—but it is a grave danger to underestimate how much further the country still has to go.