In a detailed report released yesterday, the United Nations Special Rapporteur on human rights in Burma pointed to the Burmese regime's planned 2010 general election as a potentially positive benchmark in the historical evolution of Burmese society and democracy.
The report, certain to draw ire from numerous Burmese opposition parties and elements, states that while there are several needed human rights reforms necessary to see implemented before an election, the rights of Burma's 55 million citizens can potentially be significantly advanced in accordance with the junta's seven-step roadmap to democracy.
Describing his government counterparts during his inaugural visit to Burma in August as "well educated, ready to learn and apply international human rights standards," Tomas Ojea Quintana stipulated that he "refuses to carry out his mandate by criticizing and not cooperating" with authorities in the military-ruled country.
"The prospect of the country becoming a democratic State will depend on each of the remaining steps of the road map being conducted in a democratic and inclusive manner," Quintana put forth.
"If elections in 2010 are prepared and conducted in an atmosphere in which human rights are fully respected," continued the Special Rapporteur, "the process will be credible, resulting in progressive achievement of democratic values."
Significantly, in looking forward to a potential watershed election in 2010, Quintana appealed for assistance from the Human Rights Council, ASEAN and "other relevant neighbouring countries." There was no mention of reaching out to either the United States or Europe to join the ranks in an effort to ensure that the junta's roadmap is seen to fruition in accordance with international standards.
The Argentinian lawyer further commented that, "The new Constitution, if correctly interpreted, provides for due process of law and for an independent and impartial judiciary," an interpretation of the text strongly rejected by numerous Burmese opposition elements and rights groups. Nevertheless, Quintana argues that the proposed judiciary will help ensure that human rights and democracy are realized.
Domestic laws identified as avenues through which Burma's citizens could in the future again be denied certain human rights, regardless of May's passage of a new constitution, were also defended by the Special Rapporteur.
According to Quintana, the enforcement of the inferred domestic laws could be a legitimate and legal undertaking if such an enactment is properly defined, imposed for specific purposes and deemed necessary to a democratic society.
The four concluding recommendations prospered by the Special Rapporteur's report were all acknowledged to have been agreed to in principle during two meetings with the junta's Human Rights Group in August.
Included in the recommendations is the "progressive release of prisoners of conscience," Quintana never specifically refers to those detained for their political beliefs as political prisoners.
Quintana, in his hierarchy of prisoners of conscience to be released, listed the elderly first. In a high profile event last month, the junta did release 78-year old National League for Democracy member U Win Tin among a half dozen other political detainees.
In Burma from August 3rd to 7th, the Special Rapporteur – according to the minutes of his trip annexed to the report – spent a total of three hours in Insein Prison and three hours with political parties, a period of time shared among the opposition National League for Democracy and the junta-backed Wuntharnu NLD and National Union Party (the former Burma Socialist Programme Party of the country's inaugural modern day military Head of State, Ne Win). There was no mention of meetings with ethnic opposition leaders.
Ultimately, Quintana cautioned that a new democratic and rights respecting Burma will take time, but encouraged the international community and Burmese citizens to appreciate the importance, and potential, of this period of investment toward the country's future.
"If, after some time, there is no sign of any results on the horizon, then the
Special Rapporteur may decide to change his strategy," concluded United Nations envoy.