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Imagining a new human rights strategy for Burma

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In Brief

International regulation of human rights poses a difficult challenge. Nowhere is this more apparent than in the case of Burma, which has topped the international human rights agenda for over two decades, with little to show for it.

This is, in part, a problem of limited international influence, which is bound to remain in short supply. Yet, it has been compounded by a failure of imagination. While we might not be able to end human rights violations in Burma, we could almost certainly do better. 

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There is broad recognition that international shaming, shunning and sanctions have done little to improve the human rights situation in Burma. Indeed, ample evidence reveals that it has been counter-productive and, at times, directly harmful to the Burmese people. Nonetheless, many human rights activists seem unable to imagine alternatives to the traditional ‘punitive paradigm’ — and governments, too, have been distinctly unwilling to do much more than tinker with existing policies. This is a great shame as another approach has greater potential.

Principled engagement represents a ‘middle way’ between ostracism and the business-as-usual policies of regional governments that human rights activists understandably decry. The hallmark of this approach is direct engagement with the Burmese government, as well as broader societal groups, to improve the practical framework for human rights protection. While relying on non-punitive means, principled engagement combines pressure for reform with positive support, typically through a mix of advocacy, technical cooperation and financial support, as well as programs aimed at empowering local agents of change.

This approach is theoretically attractive for several reasons: First, it addresses key structural challenges of promoting human rights in any country; notably the need to secure local ownership of governance reforms and overcome the cultural and institutional legacy of past repressive practices. Secondly, it provides opportunities to enhance the benefits and lessen the costs of current Western sanctions, as well as regional trade and investment, and thus to build positive synergies between different approaches. Thirdly, and perhaps most importantly, it helps Burma begin reintegration into the international community after half a century of isolation, which has greatly hurt the country and its development prospects.

The effectiveness of principled engagement in practice is harder to assess since relevant programs have been few, and primarily implemented by UN agencies and non-governmental organisations with limited leverage and resources. Nonetheless, the experience, so far, has generally been positive, indicating that this approach has broader potential if it were better supported by key governments.

Despite onerous restrictions by the Burmese government and donors alike, international organisations on the ground have made significant, if limited, contributions to the human rights and welfare of the Burmese people by providing for basic needs, protecting vulnerable groups and promoting improved policies, particularly in the area of health where efforts have been concentrated. They have also started socialising Burmese military and civilian officials into international human rights norms and building the capacity of both the state and society to formulate and execute relevant programs.

Proponents of punitive measures tend to dismiss such achievements as insignificant. And, granted, principled engagement rarely shows major immediate results. It is by nature an incremental, and even slow, approach, since it works within the existing political structures rather than seeking their overthrow. Yet, as Burma’s military leaders are drawn out of their shell and activities on the ground expand and accumulate across sectors, it is certainly possible to imagine international programs becoming catalysts for broader internally-driven reforms.

This is especially likely to happen if more can be done also to improve the structural conditions for human rights by consolidating the embryonic peace in the border areas and reforming the economy to strengthen and spread the benefits of growth, two objectives that also require effective engagement. In the meantime, engaged agencies at least help the general population cope with a bad situation and protect them from the worst excesses of individual abuses of power.

Quicker, more thorough change would obviously be preferable. However, there is no realistic way for Burma to move directly from dictatorship to a rights-abiding regime. If the country’s tortured history shows one thing, it is that direct challenges to the military invariably provoke hostile backlashes and undermine opportunities for change.

Given this sadly predictable outcome, it makes strategic sense to work instead for smaller, more incremental changes that, precisely because they do not threaten the military’s immediate interests, may be able to penetrate the regime and gradually transform the configuration of power and interests to a point where bigger change becomes possible.

As a policy proposal, principled engagement is still ahead of the curve. But without imagination, we are likely to remain stuck in established patterns, no matter how dysfunctional they are known to be. And with important changes underway inside Burma, now is the time for new and bold approaches.

Morten Pedersen is a senior lecturer in politics at UNSW@ADFA, and a former Senior Analyst for the International Crisis Group in Burma.

One response to “Imagining a new human rights strategy for Burma”

  1. I am enclosing a letter I sent in June 2010. It was written before the Burmese elections and before Suu Kyi’s release. I am happy she is released from house arrest, but think of all the lost opportunities because people were so fixated on her release.

    June 27, 2010

    Kurt Campbell
    Assistant Secretary of State
    2201 C Street NW
    Washington, DC 20520

    Mr. Campbell:

    In considering the viable effectiveness of the Obama administration’s strategy of pragmatic engagement with the Burmese Junta, success must not be based upon whether non-consumers (the educated public) support the moral ad campaign (Free Suu Kyi), but whether the desired consumers (Burmese Junta, Burma’s neighbors) are offered, what they consider, negotiable options.

    From my perspective, for too long now, the Burma Democracy Movement has been unable or unwilling to make the distinction between destinations (goals, demands), and the necessity to establish a path to achieve the destinations. Of course Suu Kyi should be freed from house arrest. Of course all political prisoners should be released. Of course the Junta’s war with the ethnic peoples should be stopped. Of course there should be a legitimate constitution before having a transparent election. It makes no sense though, to continue leapfrogging from destination to destination, without a trail, and without the Junta and it’s neighbors being on the trail.

    Unfortunately, the world community, in its monologue of confrontation, continues, at least in the protracted short term, to deny the Junta and unfortunately, it’s neighbors, view the aforementioned destinations as zero sum, non-negotiable issues. It is not in India’s self-interest to criticize the upcoming election, if they perceive it might interfere with their access to Burma’s resources. It is not in China’s self interest to advocate for the rights of Burmese citizens, when China is unwilling to grant those same freedoms to its citizens.

    What have we done or offered, in an attempt, to establish a negotiable trailhead with the Junta and it’s neighbors? It is time for action to replace rhetoric. Isn’t it more constructive to have dialog based upon mutual self-interest, then have overlapping monologues based upon confrontation?

    The situation in Burma, particularly the public health sector, continues to deteriorate to such a critical and urgent degree; an alternative, non-zero sum approach to negotiation, must be contemplated.

    Millions of people within Burma and along its borders are drowning in neglect, and can no longer wait for a political solution.

    According to the July 2007 publication “The Gathering Storm, Infectious Diseases and Human Rights in Burma,” Burma’s neglected health care system is incapable of responding to the country’s most serious endemic and infectious diseases and must be supplemented with foreign assistance.

    Without intervention, Burma’s neighbors know Burma’s national crisis will eventually become their international crisis. We live in a world where firewalls are more effective at stopping the spread of computer viruses then sovereign borders are at stopping the spread of infectious diseases. Fidelity to the public good is not adultery to the sanctity of borders.

    The world community needs to find a common denominator, a non-zero sum trailhead with the Junta, so organizations and aid workers can begin, with neighboring support, to more effectively address this health crisis of potentially exponential proportions.

    It is no longer a matter of telling countries what to do (impose sanctions), but rather it is countries, advocating for their self-interest, by working preemptively and cooperatively to facilitate addressing Burma’s public health crisis.

    It is not unrealistic or detrimental to segregate the needs of the neglected, with the conviction, that effort can be a means to building trust, formulating a path, in a parallel manner, to eventually address the causative nature of the problems.

    Despite the totally fraudulent nature of the upcoming election, it is more likely the junta will be weaned rather than guillotined from power. Maybe the issues of public health and infectious disease can be, as an aspect of President Obama’s Public Health Initiative, the axial trailhead for achieving pragmatic engagement with the Junta.

    Respectfully yours,

    Gary Hallemeier
    2843 NW 67th Street
    Seattle, WA 98117
    [email protected]

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