FAAE Committee Report

THE SUBCOMMITTEE’S CONCLUSIONS AND RECOMMENDATIONS

In light of the continuing grave human rights and international humanitarian law violations occurring in ethnic minority areas of Burma, the Subcommittee believes that the country’s recent democratic reforms must be viewed with caution by Canada and the international community. We agree with the U.S. Campaign for Burma’s submission that encouraging reformers in Burma “should not undermine democracy activists, ethnic nationalities, and human rights defenders” in the country.[377] We are convinced that human rights standards and principles must remain at the centre of Burma’s ongoing reform process.

The Subcommittee believes that broad-based civil participation in governance, national reconciliation, accountability, transparency, the rule of law, effective civilian control of the military, and the principle of non-discrimination are indispensable for the creation of a free, fair and just society for all those who live in Burma.

We are convinced that the Government of Burma must move to effectively halt violations of international human rights and humanitarian law, as well as human rights abuses by non-state actors, including mob violence. Burma must protect the human rights of all individuals under its jurisdiction without discrimination, ensure unfettered access to humanitarian workers, facilitate the reintegration and return of displaced persons and refugees, and effectively investigate and hold accountable perpetrators of mass atrocities. The people of Burma deserve no less.

The Subcommittee’s recommendations are made with the aim of contributing to Canada’s efforts, as a friend and an equal, to assist the Government of Burma to ensure that all people in that country may live equally in dignity and rights. On the basis of the evidence it has heard, the Subcommittee makes the following recommendations to the Government of Canada:

A. List of Recommendations

Recommendations to the Government of Canada aimed at strengthening respect for human rights in Burma

Recommendation 1

The Subcommittee recommends that the Government of Canada support Burma’s transition to democracy by continuing to raise human rights issues with the Government of Burma at all appropriate opportunities. In particular, the Subcommittee recommends that the Government of Canada raise concerns in respect of the following:

• Continued restrictions on freedom of expression, including restrictions on media freedom;
• Continued prevalence of extra-judicial executions and excessive use of force by security forces;
• Continued use of torture and cruel, inhuman and degrading treatment and punishment by security forces;
• Prison conditions that amount to cruel, inhuman, degrading treatment or punishment or which do not respect the inherent dignity and humanity of detainees;
• The mandate and powers of the National Human Rights Commission, which do not currently meet the standards set out in the Principles Relating to the Status of National Institutions (the Paris Principles);
• The prevalence of land confiscation without adequate compensation and the violation of the right to adequate housing;
• Continued use of forced labour, particularly in connection with large-scale development projects and in the context of activities undertaken by the military;
• Continued use of child soldiers;
• Continued use of sexual violence in situations of armed conflict and the ongoing impunity for perpetrators;
• Discriminatory educational practices and policies that prevent children of some ethnic minority groups from enjoying their right to education.

Recommendation 2

The Subcommittee recommends that the Government of Canada continue to advocate for religious freedom in all regions of Burma. As part of this advocacy, the Subcommittee further recommends that the Government of Canada encourage the Government of Burma to invite the UN Special Rapporteur on Freedom of Religion or Belief to visit the country and to give him unfettered access to ethnic minority areas.

Recommendation 3

The Subcommittee recommends that the Government of Canada continue to stress to the Government of Burma and to Members of the Burmese Parliament, in all appropriate forums, the urgent need to undertake constitutional and legislative changes to conform to international human rights standards, and the need to reform the judiciary. The Burmese Parliament should play an important role in studying and adopting such reforms. In addition, reforms should be undertaken in consultation with civil society organizations, religious communities, and other civilian stakeholders.

The Subcommittee further recommends that the Government of Canada consider ways that it could contribute Canadian knowledge and expertise to international efforts to assist Burma to build its capacity to ensure the rule of law within its borders.

Recommendation 4

The Subcommittee recommends that the Government of Canada continue to press for the immediate and unconditional release of all those imprisoned on the basis of the peaceful exercise of their human rights, including their political opinions, ethnicity or religion.

Recommendation 5

The Subcommittee recommends that the Government of Canada continue its long-standing support of Burmese political dissidents and human rights defenders, including those facing persecution within Burma.

Recommendation 6

The Subcommittee recommends that the Government of Canada urge the Government of Burma to demonstrate a clear commitment to upholding universal human rights standards by ratifying the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and other core international human rights treaties and by cooperating with United Nations human rights mechanisms and the Office of the High Commissioner for Human Rights.

Recommendations to the Government of Canada regarding the need to strengthen democratic reforms in Burma

Recommendation 7

The Subcommittee recommends that the Government of Canada continue to support Burma’s transition to democracy, in particular by promoting a program of inter-parliamentary contacts between Burmese and Canadian parliamentarians.

Recommendation 8

The Subcommittee recommends that the Government of Canada continue to impress upon its Burmese counterparts the vital importance of holding fully free and fair elections in 2015 and of allowing complete access to independent, international election observation missions during these elections. The 2015 elections must be free and fair not only in central Burma, but also in the ethnic minority areas on Burma’s borders.

Recommendations to the Government of Canada aimed at addressing the need for national reconciliation and an end to ethnic conflict in Burma

Recommendation 9

The Subcommittee recommends that the Government of Canada call on the Government of Burma and all non-state armed groups operating in the country to engage in honest and sincere negotiations with a view to reaching durable ceasefires, including agreements in respect of a principled and staged withdrawal of troops and fighters from conflict zones.

The Subcommittee further recommends that the Government of Canada stress to the civilian government of Burma the vital need to maintain the ceasefire in Kachin State and to ensure that negotiations between representatives of the Burmese government and the Kachin people proceed on the basis of good faith, mutual respect, and a desire to accommodate the aspirations of the Kachin within a united Burma.

Recommendation 10

The Subcommittee recommends that the Government of Canada continue to press the Government of Burma to undertake a meaningful and inclusive process of national reconciliation with ethnic minority groups that includes:

• reaching a negotiated political settlement to armed conflicts;
• effectively investigating serious crimes and human rights violations; and,
• ensuring some form of accountability for perpetrators and remedies for victims.

This reconciliation process should also include dialogue with all stakeholders in Rakhine State, undertaken in an atmosphere of mutual respect and tolerance, in order to address the underlying causes of communal violence in that area. Ethnic and religious minorities and women must be included at all stages of the reconciliation process.

Recommendations to the Government of Canada aimed at combating discrimination and enhancing inter-ethnic tolerance and dialogue in Burma

Recommendation 11

The Subcommittee recommends that the Government of Canada stress to the Government of Burma the importance of repealing discriminatory legislation that targets the Rohingya ethnic minority, of respecting the human rights of the Rohingya people, and of resolving the issue of their citizenship in accordance with international human rights standards. The Subcommittee recommends that, consistent with its long-held position, the Government of Canada should condemn, at all appropriate opportunities, any move towards segregation, detention or mass forcible transfer of the Burmese Rohingya population.

Recommendation 12

The Subcommittee recommends that the Government of Canada continue to closely monitor the human rights and humanitarian situation in Rakhine State, as well as any investigations into the violence in that region. The Subcommittee recommends that the Government of Canada communicate to the Government of Burma its intentions in this regard.

Recommendation 13

The Subcommittee recommends that the Government of Canada continue to condemn incidences of inter-ethnic violence and take concrete steps to promote tolerance and the principle of non-discrimination in Burma as part of its strategy for supporting Burma’s democratic transition.

Recommendation to the Government of Canada regarding its relations with the Government of Bangladesh

Recommendation 14

The Subcommittee recommends that the Government of Canada raise with the Government of Bangladesh, in all appropriate forums, the need to treat Rohingya fleeing persecution in Burma in accordance with internationally accepted human rights standards, to permit humanitarian access to refugees and populations of concern within Bangladesh by international non-governmental organizations, and to facilitate the work of the Office of the UN High Commissioner for Refugees in southeastern Bangladesh.

Recommendations to the Government of Canada aimed at improving respect for international humanitarian law in Burma

Recommendation 15

The Subcommittee recommends that the Government of Canada take appropriate steps to encourage the Government of Burma and the Burmese military to respect international humanitarian law, including by urging Burma to ratify the following international treaties:

• Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977;
• Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977;
• Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), 8 December 2005; and,
• Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, 3 December 1997.

Recommendation 16

The Subcommittee recommends that the Government of Canada consider the appropriateness of offering technical assistance to Burmese officials in the form of training on international humanitarian law.

Recommendations to the Government of Canada aimed at improving humanitarian access and ensuring adequate humanitarian assistance in Burma

Recommendation 17

The Subcommittee recommends that Canada continue to provide humanitarian assistance to Burma, including urgent assistance to address humanitarian needs in crisis situations as they arise.The Subcommittee wishes to highlight, in this regard, the dire humanitarian situation that currently prevails in parts of the Kachin and Rakhine states.

Recommendation 18

The Subcommittee recommends that the Government of Canada emphasize, in its relations with the Government of Burma and in any contacts it may have with, members of the Burmese Parliament and representatives of non-state armed groups, the necessity of permitting full humanitarian access to conflict and violence affected areas.

Recommendation 19

The Subcommittee also recommends that the Government of Canada push for the release of any staff of international non-governmental organizations who have been detained or convicted on the basis of peaceful activities undertaken as part of their humanitarian work in Rakhine State.

Recommendations to the Government of Canada aimed at supporting Burma’s economic reforms

Recommendation 20

The Subcommittee recommends that the Government of Canada continue to support Burma’s economic reforms and take all appropriate steps to ensure that Canadian companies considering investing in Burma are aware of the weak governance context and ongoing human rights concerns in the country.

The Subcommittee further recommends that the Government of Canada continue to stress its expectation that Canadian corporations meet or exceed applicable corporate social responsibility standards, including the United Nations Guiding Principles on Business and Human Rights.

Recommendation 21

The Subcommittee recommends that the Government of Canada, as part of its support for Burma’s transition to democracy, consider ways to provide Canadian expertise to the Government of Burma, with a view to developing Burma’s capacity to devise and implement a legal and regulatory framework to govern the extractive resource sector that meets international human rights standards.

Recommendation regarding Canadian international development policy in Burma

Recommendation 22

The Subcommittee recommends that the Government of Canada continue to fund civil society organizations operating in Burma’s border regions and outside the country, as part of a broader effort to support greater understanding of universal human rights principles in Burma, including the right to freedom from discrimination and freedom of thought, conscience and religion.

Recommendations in respect of Canadian sanctions policy toward Burma

Recommendation 23

The Subcommittee recommends that the Government of Canada periodically reassess the decision that it has taken to suspend economic sanctions against Burma, taking into account the country’s progress on its path towards democratic transition.

Recommendation 24

The Subcommittee recommends that the Government of Canada continue to periodically assess and update the individuals listed in the Schedule to the Special Economic Measures (Burma) Regulations with a view to ensuring that the Schedule reflects the most complete and relevant list of persons that are involved in and profiting from serious violations of international humanitarian law and gross violations of human rights, and which meet the relevant legal criteria under these Regulations and the Special Economic Measures Act.

Recommendation 25

The Subcommittee recommends that the Government of Canada publicly communicate that progress on human rights, the rule of law, and democratic governance must be made by Burma before Canada will permanently lift economic sanctions.