US Consulting on Junta War Crimes

By LALIT K JHA and BA KAUNG

The US government said it is “consulting” with its international partners, as well as key global and regional players, on the subject of creating an international commission to investigate alleged war crimes by the Burmese military junta, the White House said on Wednesday.


“We have begun to consult with a broad array of stakeholders and key players, other countries, regional authorities, multilateral authorities, about how to reach this goal,” Benjamin Chang, the deputy spokesperson of the National Security Council told The Irrawaddy.

The White House official said that the US supports establishing an international commission of inquiry to investigate alleged war crimes and crimes against humanity in Burma as was previously called for by UN Special Rapporteur Tomás Quintana.


“The decision is actually consistent with the Obama administration’s policy of engagement,” he said. Last year US Secretary of State Hillary Clinton announced a new Burma policy which included both simultaneous engagement and sanctions. So far, the US and Burma have had two rounds of talks, which have not yet yielded any notable results.

“Let me make clear that the diplomatic engagement is not a reward,” said Chang. “The goal has always been the same—to facilitate and encourage positive change. So at the same time we have been engaging in this new policy, we never precluded, we never ruled out, taking steps that would increase pressure when warranted.”

Observing that the policy framework remains the same, the White House official said the overriding objective is to promote a peaceful democratic process, encourage national reconciliation and respect for basic human rights.

“Over the last several months we have not seen encouraging signs as far as democracy and human rights [is concerned],” he said. “We will continue to urge progress on the diplomatic track. But we will also continue to work with the international community to press for change through targeted sanctions and scrutiny by international bodies such as the UN and Asean.”

The US Campaign for Burma, led by exiled activists, said that Australia, Britain, the Czech Republic and Slovakia have also voiced support for an inquiry.

It pledged to shift attention to persuading the European Union as a whole, as well as Canada and other countries, to offer support.

“We will call on New Zealand, Canada and some more European countries to support this,” said Bo Kyi, the joint-secretary of Thailand-based Assistance Association of Political Prisoners—Burma, an NGO which draws international attention to the numerous arbitrary arrests and torture cases inside Burma.

“Our immediate goal is to call for many more countries to support this commission and the real creation of a fair commission,” he said.

While there is little expectation that Burma's neighbors such as China will support this commission, Debbie Stothard, the coordinator of the Alternative Asean Network, said it is shameful that these countries have not taken any regard of the Burmese government's record of human rights abuses.

“It is far more logical for regional players like China and Asean to support the commission because they have been feeling the impact of Burma's human rights abuses,” she said.

Paulo Sergio Pinheiro, the former UN special rapporteur on human rights in Burma, also voiced his support for the US decision to create a commission.

“I think that it is timely to propose this commission. I can't say it will work, [but] it is worthwhile trying,” he told The Irrawaddy on Wednesday.

Pinheiro wrote in the New York Times in May that a commission would make the junta accountable for its crimes with a potential indictment by the International Criminal Court, and will address the widespread culture of impunity in Burma.

When asked about the Nov. 7 general election as announced by the junta last week, Chang said that under present circumstances it lacks international legitimacy. “I would think they will lack international legitimacy,” he said. “The regime has failed to include opposition parties or ethnic minorities in their consultations.”

The election laws released in March, by their nature precluded a level playing field for everyone. “There is a lot of work that the Burmese regime would need to take to create a credible electoral environment and, of course, have a real national dialogue,” Chang said.