MOTION FOR A RESOLUTION on Myanmar, one year after the coup

8.3.2022 - (2022/2581(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 144 of the Rules of Procedure

Pernando Barrena Arza
on behalf of The Left Group

See also joint motion for a resolution RC-B9-0141/2022

NB: This motion for a resolution is available in the original language only.

B9‑0141/2022

European Parliament resolution on #Myanmar, one year after the coupTXTTITLE@TITLE@#

(2022/2581(RSP))

The European Parliament,

 

-  having regard to its previous resolutions on Myanmar/Burma and on the situation of the Rohingya,

 

-  having regard to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and the Prevention and Punishment of the Crime of Genocide,

 

-  having regard to the Statement by the Special Rapporteur on the situation of Human Rights in Myanmar, on Myanmar: UN expert says current international efforts failing, calls for “change of course”, of 22 September 2021,

 

-  having regard to the UN Human Rights Council (HRC) report of 16 September 2021 (A/HRC/48/67) on the Situation of human rights in Myanmar,

 

-  having regard to the report of the UNIFFM of 22 August 2019 on sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts (A/HRC/42/CRP.4),

 

-  having regard to the Human Rights Council report of the 22 of February 2022 Enabling Atrocities: UN Member States’ Arms Transfers to the Myanmar Military  ;

 

-  having regard to Rule 144 of its Rules of Procedure,

 

 

 

1. Whereas, on 1 February 2021, the military of Myanmar/Burma, known as the Tatmadaw, seized power over the legislative, judicial and executive branches of government through a coup d’état, and issued a one-year state of emergency; whereas the military detained the leadership of the civilian governmental authorities, including the State Counselor, Aung San Suu Kyi, and the President; whereas in August 2021 the commander-in-chief, Min Aung Hlaing announced he was appointing himself Prime Minister and announced that the state of emergency, would be extended until August 2023;

 

 

2. whereas since February, a mass protest movement has taken to the streets and protested for a return to a democratically elected civilian government; whereas various groups took part, including the Civil Disobedience Movement (CDM); whereas protesters employed peaceful forms of protest, such as acts of civil disobedience, labour strikes, a military boycott campaign, and public protests; whereas security forces used excessive and lethal force against the demonstrators; whereas the popular resistance has continued and the violence by the Tatmadaw daily increased;

 

3. whereas since the Coup, at least 27 union activists have been killed, and 116 workers and unionists have been arrested ; whereas 16 labour rights organisations were declared as illegal organisations ; and many of them were forced to go underground to protect themselves; whereas two weeks after the coup, the military introduced important changes to the Penal code and the Criminal Procedure Code which have become the primary legal provisions used to charge those opposing the military regime, including trade union leaders and labour rights defenders;

 

4. whereas in 2018, the UN Fact-Finding Mission (UNFFM) called for Senior General Min Aung Hlaing to be investigated and prosecuted for genocide, crimes against humanity and war crimes; whereas the same military units implicated in the 2017 genocide against Rohingyas have been deployed in the streets of Myanmar/Burma since the coup;

 

5. whereas  since February 2021 military authorities have once again perpetrated crimes against humanity, war crimes, and other serious violations of human rights and international humanitarian law; whereas they have violated the rights to life, liberty and security of the person, the prohibition against torture, the right to a fair trial, as well as the rights to freedom of expression, freedom of association and peaceful assembly; whereas they have killed protesters, tortured people to death while in detention, have committed enforced disappearance, rape and other forms of sexual violence; whereas across the country, security forces have repeatedly used lethal force, including live ammunition, mortar shells, and grenades, while using so-called less-lethal weapons indiscriminately and excessively; whereas The junta turned Burma into the world’s second highest jailer of journalists. By 21 Jan 2022, it had jailed 120 and killed 3.

 

6. whereas there have been 8647 armed clashes and attacks on civilians between February 2021 and January 2022, a 762% increase from the previous year; whereas the junta’s widespread and systematic atrocity crimes increased over time:; whereas Junta troops destroyed and blocked humanitarian aid, shelled and conducted airstrikes on towns, burned civilians alive, committed rape and perfidy, and destroyed hundreds of homes; whereas as of 26 Jan 2022, it had arrested at least 286 healthcare workers and killed 30; whereas as of 31 Jan 2022, the junta has arrested at least 11838 civilians, tortured hundreds of detainees, and used lethal force against protesters repeatedly; and 2610 had been killed as a result of coup-related violence; whereas as of 21 Jan 2022, the the junta had jailed 649 opposition National League for Democracy (NLD) members; 14 died in detention.

 

7. whereas women have been at the forefront of Myanmar/Burma’s resistance movement; whereas women human rights defenders are particularly at risk in remote rural areas and are often beaten and kicked before being sent to prison where they can face torture and sexual violence with no medical care provided;

 

8. whereas the right to health was being undermined; whereas the junta has shut down hospitals and targeted medical professionals, leading to a collapse of the health system as COVID-19 surges across the country; whereas troops have destroyed medical supplies and equipment, and have occupied dozens of medical facilities, which has prompted the people to stay away from medical facilities for fear of being detained or shot; whereas communities across the country have been devastated by a surge in Covid-19 cases; whereas the junta has used the administration of vaccines to crack down on CDM, denying access to the vaccine to those who supported the CDM;

 

9. whereas Schools, banks, and much of the local administration are all closed as a sign of public disapproval against the coup;

 

10. whereas civilian-led “People’s Defense Forces” (PDFs), have been formed; whereas the National Unity Government has declared a “defensive war” against the junta and its forces;

 

11. whereas armed violence is intensifying across Myanmar/Burma, reportedly resulting in heavy civilian casualties and massacres; whereas according to Bachelet attacks on civilians occurred in 12 of the country's 15 states; whereas the Tatmadaw has attacked entire villages using airstrikes, sieges and mass arson; whereas they has also starved access to aid, food and supplies to civilian populations; whereas the junta and its forces have forcibly displaced more than 230,000 civilians, bringing the total number of internally displaced persons in Myanmar/Burma to well over half a million; whereas the UN High Commissioner for Human Rights, Michelle Bachelet, stated that the spiral of violence showing signs of escalation “into a widespread civil war”;

 

12. whereas since the coup, there are reports of increasing fighting between the military and ethnic armed groups, particularly in  Karen, Karenni, Chin, Kayin, Shan and Kachin States; whereas the military has carried out indiscriminate airstrikes and artillery barrages, killing civilians including children, sexual and gender based violence, destruction of religious buildings and other violations of human rights and humanitarian law which amount to war crimes; whereas the military regularly committed abuses against civilians during the periods of fighting with ethnic armed groups;

 

13. whereas human rights violations, in particular against Rohingya, have continued; whereas the junta continues to park the Rohingya ethnic minority, denying them citizenship, freedom of movement and other fundamental rights; whereas some 600 000 Rohingya are estimated to remain in Rakhine State, and are being subjected to persistent discriminatory policies and practices, systematic violations of their fundamental rights, arbitrary arrests, confinement in overcrowded camps and severely limited access to education and healthcare; whereas the oppressive conditions imposed on the Rohingya amount to the crimes against humanity of persecution, apartheid, and severe deprivation of liberty;

 

 

14. whereas the Tatmadaw and its generals are deeply involved in the economy of Myanmar/Burma, since they own powerful conglomerates, control the country’s trade in precious jade and timber, manage infrastructure such as ports and dams, and run banks, insurance, hospitals, gyms and the media; whereas in May 2021, the junta-run Myanmar Timber Enterprise (MTE) sold almost 10,300 tons of timber, with plans to auction off another 14,181 tons, from a stockpile of 200,000 tons previously confiscated by the NLD government; whereas in June 2021, the junta-controlled Myanmar Gems Enterprise (MGE) held a secret meeting with gem industry leaders and according to different sources, some exporters planned to falsify certificates of origin and sell stones in Thailand, to evade UK and US sanctions on MGE;

 

15. whereas Gas revenues are the military’s largest source of foreign currency income, adding up to an estimated $1 billion annually in duties, taxes, royalties, fees, tariffs, and other profits; whereas nineteen internationally operating banks have invested over US$65 billion in 18 companies that have either direct and longstanding commercial ties to Myanmar/Burma 's military or to state entities that the military is attempting to control as a result of the coup;

 

16. whereas on 21 February 2022, the EU announced the adoption of additional sanctions against individuals and entities for their involvement in serious human rights violations in Myanmar; whereas MOGE (Myanmar Oil and Gas Enterprise), one of the listed entities, is a state-owned enterprise that has fallen under the control of the military junta since last year’s coup; whereas the inclusion in the regime of a derogation which explicitly allows EU oil and gas operators remaining in Myanmar to pursue financial transactions with MOGE; whereas this derogation, appears to have been tailor-made to respond to TotalEnergies’ concerns in the context of its withdrawal from Myanmar;

 

17. whereas people throughout Myanmar/Burma are calling and supporting boycotts of products produced by military-owned companies as well as boycotts of payment of energy bills and taxes;

 

 

1. Denounces the military coup in Myanmar/Burma and urges to rescind the “state of emergency” and all abusive orders, decisions, and policies adopted by the National Security and Defence Committee and State Administrative Council since February 1; urges to respect the results of the 8 November 2020 elections and to immediately reinstate the civilian government;
2. Condemns all human rights violations committed by military junta, including killings, extrajudicial executions, sexual violence, acts of torture and other cruel, inhuman or degrading treatment, arbitrary detentions, judicial and administrative harassment, as well as violations of press freedom, freedom of association and freedom of expression; denounces that the broad-based and consistent nature of the crackdown reflects a countrywide policy of the junta;
3. Expresses its support for the people of Myanmar/Burma in their struggle for democracy, freedom and human rights;
4. Recognizes and engages with the National Unity Government as the legitimate governing body of Myanmar/Burma, and calls on the EU and its member states to do the same;
5. Urges Myanmar/Burma's security forces to immediately stop crimes under international law and other human rights violations and to stop harassing, intimidating, arresting, detaining, prosecuting or imprisoning human rights defenders, journalists, bloggers, lawyers, political activists, members of the opposition, trade unionists, minorities groups and others for merely exercising their human rights; calls to remove blockage of independent media websites and social media platforms and immediately lift internet restrictions;
6. Calls for the immediate and unconditional release of Aung San Suu Kyi, government ministers, regional chief ministers, activists and all other civilians arbitrarily detained for exercising their right to freedom of expression and demonstration; demands that the charges against them be immediately dropped or cancelled and to rescind all warrant of arrest issued against protesters and dissidents;
7. Demands respect for the right to freedom of expression, assembly, and association guaranteed by international norms and United Nations treaties;
8. Condemns the repression of the workers and the denial of the right to strike;  condemns all brands providing trade unions member lists, contact numbers and addresses, and photos of trade union leaders to the military and police, following which the military issued arrest warrants against trade union leaders and their passports are declared void ; notes that many suppliers of big European brands are present in Myanmar, such as H&M, Zara, Kiabi, Mango or Primark ; declares that this situation could amount to a collaboration of European brands with an unlegitimate military government;
9. reminds that workers are entitled to receive compensations for the factory temporary closure
10. Strongly condemns and rejects that sexual and gender-based violence perpetrated by the military as part of a deliberate strategy to intimidate, terrorise and punish a civilian population including ethnic minorities; condemns all forms of violence against women which constitute a serious violation of the human rights and dignity of women and girls;
11. Condemns the attacks perpetrated by the military authorities to medical professionals and facilities, and their response to the COVID-19 pandemic; highlights that health and access to healthcare and vaccination is a universal human right; asks to ensure that the measures taken to respond to the health emergency are proportional, necessary, non-discriminatory;
12. Denounces that the military units implicated in the 2017 genocide against the Rohingyas are now implicated in the repression of the demonstrator and the ongoing deterioration of fundamental freedoms and the rule of law in the country; affirms that impunity protects those responsible for the abuses;

 

13. Draws attention to the discrimination against other minorities in Myanmar (Tamil, Hindu, Kaman, Chinese, etc.); considers that the 1982 citizenship law provides fertile ground for division by introducing the iniquitous concept of different citizenship ‘statuses’, as well as selective application; calls on Myanmar, as suggested in the Kofi Annan report, to ensure equal access to citizenship rights;
14. Calls for an immediate, rigorous, independent and transparent investigation of the crimes committed in the country and for their perpetrators to be held to justice; urges to suspend immediately from frontline duties anyone suspected of responsibility for crimes under international law and other serious violations of international human rights law;
15. Urges Myanmar to cooperate with international efforts to ensure accountability, including by finally granting the IIMM full access to the country; calls for the EU, its Member States and the international community to ensure that the IIMM has the requisite support, including financial support, to execute its mandate; recalls that Myanmar is under the obligation to comply with the provisional measures order of the International Court of Justice;
16. Encourages ASEAN to play an active role in mediating the current crisis in Myanmar; condemns the junta for rejecting dialogue until the violence ends and demands that dialogue is initiated immediately;

 

17. Calls on the Myanmar/Burma military authorities to provide immediate humanitarian access throughout the country, including in Rakhine, Kachin, and Shan States, including by allowing UN, international, and national humanitarian organizations to assess and monitor the needs of displaced persons and others in need and to deliver assistance to them;
18. Calls on the EU to continue programmes that help the country’s citizens and to step up support where necessary in the light of the current crisis, including humanitarian assistance; asks the EU and its Members States to ensure that any international aid, development projects, or financial assistance to Myanmar/Burma does not benefit the military and support the commission of more human rights violations; calls for provision of cross-border humanitarian aid and direct support to local civil society organizations (CSOs), particularly the ethnic  organizations;
19. Stresses that local and multinational businesses operating in Myanmar/Burma must respect human rights and stop enabling perpetrators; in that sense strongly urges EU-based businesses to ensure they have no ties with Myanmar/Burma’s security forces, their individual members, or entities owned or controlled by them, and that they are not contributing, directly or indirectly, to the military’s crackdown on democracy and human rights; calls on EU-based undertakings, including parent holdings and subsidiaries, to urgently suspend any relationships with companies linked to the military;
20. Expresses deep concern about the findings of the February 2022 report by the UN Special Rapporteur on Myanmar detailing known arms transfers from UN member states to Myanmar, including since the military coup, that could be used by the Myanmar military to attack civilians; regrets that the UN Security Council has failed to discuss a draft resolution on Myanmar and urges the EU and its member states to press the UNSC to immediately open negotiations on a draft resolution authorizing a comprehensive global arms embargo on Myanmar to prevent the flow of arms and materiel to Myanmar’s security forces for the commission of violations of international human rights and humanitarian law.

 

 

21. Calls on the member states to maintain the embargo on the direct and indirect supply, sale, and transfer, including transit, shipment and brokering, of all weapons, munitions, and other military, security and surveillance equipment and systems, as well as the provision of training, maintenance and other military and security assistance; in that sense calls on the UN Security Council to decide on an effective response to the military coup, such as an comprehensive arms embargo on Myanmar/Burma;
22. Asks to block payments to the junta and state-owned enterprises from foreign-financed oil and gas projects, such as those operated by Italy’s Eni, France’s Total, and Nederland’s Shell; calls on banks to act by divesting from companies linked to the military;
23. Takes notes of the EU additional sanctions against military enterprises and military assets responsible for the military coup; calls to assure that these sanctions do not adversely affect the population and workers; is alarmed by the inclusion in the regime of a derogation which explicitly allows EU oil and gas operators remaining in Myanmar to pursue financial transactions with MOGE; hightlights the fact that this is a huge missed opportunity for the EU, its member states and its business sector to uphold their international human rights obligations zand that seems that the derogation have been adopted in violation of treaty provisions and essential procedural requirements; denounces therefore the derogation's illegality and urges member states to abstain for implementing it;

 

24. demands to the EU member states to ensure the resolution at the UN Human Rights Council session now underway in Geneva calls for an immediate suspension of the direct and indirect supply, sale or transfer of all weapons, munitions and other military-related equipment to Myanmar
25. Recalls the multi-ethnic nature of Myanmar/Burma and urges the Tatmadaw to fully respect each ethnicity’s inalienable rights; expresses its deep concern over the ongoing discrimination, severe restrictions on movement and deprivation of basic services imposed on the remaining 600 000 Rohingya confined to camps and villages in Rakhine State; calls on the authorities of Myanmar/Burma to protect all civilians without discrimination and to halt indiscriminate attacks and other violations of international humanitarian law and human rights law;
26. Reiterates its strong condemnation of all past and present human rights violations and the systematic and widespread attacks, including killings, harassment, rape and the destruction of property, which, according to the records of the Independent International Fact-Finding Mission on Myanmar (IIFFM) and the Office of the UN High Commissioner for Human Rights (UNHCHR), amount to genocide, war crimes and crimes against humanity, perpetrated by the armed forces against the Rohingya population;

 

27. Urges EU and its member states to explore all avenues for justice and accountability for grave international crimes committed by the security forces, including crimes against humanity committed in the wake of the coup, as well as crimes against humanity, war crimes, and acts of genocide committed in Rakhine and other ethnic regions for decades, by supporting a Security Council referral of the situation to the ICC, formally supporting the case brought by Gambia against Myanmar before the International Court of Justice concerning the Genocide Convention,
28. Stresses that conditions in Rakhine State and in the country as a whole are not conducive for safe, voluntary, dignified, and sustainable returns from Bangladesh and insists that the principle of non-refoulement be upheld in all circumstances; calls for further international support to be given to those communities hosting refugees from Rakine State, including by addressing domestic social, educational, economic and healthcare challenges; calls on the EU and its Member States to facilitate access to European asylum for Burmese asylum seekers and to guarantee them rights and safe passage;
29. Instructs its President to forward this resolution to the Council, the Commission, the VP of the Commission / HR of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the Government of Myanmar/Burma, the Association of Southeast Asian Nation Member States, the Secretary-General of the United Nations and the General Assembly of the United Nations.