ျပည္သူ႔လႊတ္ေတာ္ ကိုယ္စားလွယ္မ်ား၏ ထုတ္ျပန္ေၾကညာခ်က္ (အဂၤလိပ္ဘာသာ)

Demand for the international relief teams be reached in the Irrawaddy delta and bring the Burmese Military Junta before the International Court of Justice

The United Nations, the foreign governments and the people of Burma have already known that about 15,000 people life have lost and 2.5 million lives have been remained in despair and desperate due to the deadly Cyclone Nargis which was caused on May 2, 2008, beginning at 6.00pm that stormed in from Haing-gyi Island to the Irrawaddy delta. Any where in the world, one could see that within 24 hours to 48 hours of such natural disaster, the relief workers, helicopters, vehicles and other necessities supports are involved actively immediately. But, according to the updated news media--radio broadcasting, video and photo records-- the cyclone victims in Burma did not receive adequate aids that left the victims stay in shortage of food, drinking water, shelter and communicable deceases are assuming the condition worsen in Burma, and it is hoped that all have known about this.

It is witnessed that the reason that cause the condition worsen of the cyclone victims in Burma is not because of the ignorance from international communities; but because of the Burmese military junta's lack of responsibility for its citizens, intentional ignorance, and concealing the facts and continue to work on to stable its power as a priority, and thus delaying and blocking in receiving all the incoming aids.

For such intentional acts of the Burmese junta which resulted in killing a group of people, created in a condition of genocide and is crime against humanity, therefore, it is earnestly urged the United Nations that mandate the "responsibility to protect" by sending the international relief forces and by bringing the junta before the international court of justice. The following are the evidence and items that explain in details.

Evidence (1): Although the Burmese Junta has received the news early regarding the cyclone nargis coming-in, they informed the false news to the public and they did not inform the people to relocate in advance.

It is learnt that regarding the cyclone nargis, since April 26, 2008 the weather forecasting department of India sent some kind of information to the directorate of weather forecasting of Burma. On April 28, the cyclone nigris began. On April 30, according to B. P Yadav, the spoke person of the Indian weather forecasting department, it is informed to the Burmese authority before 48 hours that there could be the cyclone with the possibility of 120 miles per hour that could come across the Irrawaddy delta.

On April 27, 2008, Dr. Bhichit Rattakul, director of Asian Disaster Preparedness Center, which was founded after the Tsunami in 2004 in Thailand, has informed to the Burmese authority that the cyclone nargis will be stormed in to Burma.

According to Mr. Tun Lwin, the director of Burma' weather forecasting department, mentioned in Burma's Today website (Burmese news website), that he has sent to the United Nations with his own signature that the Burmese junta has already known about the would-be cyclone nargis since May 1, 2008 at about 5:30pm. As of the letter on May 1 at 5:30pm after, it is mentioned that after the report at 9pm within the 24 hours the cyclone will be getting in to nearby Pathein Township. The letter which wrote before 7am on May 2 mentioned that according to the weather forecast which made at 6am on May 2 that the cyclone was about to happen in Haing-gyi Island, with 60 miles per hour -- with central speed 120 miles and with the possibility of raising the water up to 10-12 feet.

Although the military junta has received the news early on the weather forecasting and its warning from the neighborhood countries and the department concerned director Mr. Tun Lwin, in the state-run national newspaper the news with regard to the cyclone are falsely mentioned. For example, the newspaper which was published on May 1, on the weather forecast of "Nay-Pyi-Daw May 30" it is mentioned that "according to the weather forecast and measure at today Myanmar standard time 5:30pm, the cyclone which is happening in the ocean of Bangladesh, is heading to the South-West of Pathein which is 480 miles distance away to ocean. That cyclone has not been forceful during the period of 6 hours and gradually moved to the North-East. And, that cyclone has not been forceful during the period of 12 hours and continued to slowly moving to the North-East…" Due to the cyclone, there will be raining shatteringly in Arakan State, Mon State, Karen State, Kayah State, Irrawaddy Division, Rangoon Division and Pegu Division and raining in a few particular places of Tanninsari Divisiona and Shan State. There could be some storms, raining and cause big wave. While raining hard, the storm speed could be 40-45 miles per hour. It was the false news, indeed.

The residents of Rangoon witnessed that after the cyclone nargis stormed in to Haing-gyi Island they have had a chance to see the warning of the cyclone from the television. By the time of knowing of such warning, the cyclone affected areas such as Laputta and other places have been already wiped out by the storm and the water wave.

Moreover, although the news on the cyclone warning was being informed before 48 hours, the military junta neither gave any protection nor provided the safety for those people who resided in the affected areas, neither for the emergency nor the assistance for the immediate relocation, said the local people.

It is assumed that by broadcasting the truth news of the cyclone would create people gathering and thus disturbance to the referendum which was set to held on May 10, which was the main plan of the junta. The military junta is always afraid of people gathering. Therefore, the junta could have been made the false news on the cyclone. In other words, therefore, according to the above mentioned, it is assured that the military junta has made it in order to confirm and held their plan-constitutional referendum by intentionally ignoring the facts and the lives of hundreds of thousands of the cyclone victims. Due to such failed to release the truth news on cyclone and neglect to provide the emergency relief and relocate the cyclone victims, about the lost of about 150,000 people lives and has caused 250,000 people lives despair and homeless were rather because of the military junta's lack of responsibility and international ignorance than the natural disaster was the main cause.

Evidence (2): Despite the relief works are not immediately activated, the constitutional referendum was held by force without any postponement

When the natural disaster happened anywhere in the world, within 24 to 48 hours the relief workers try to reach the affected areas, to discover the dead body, to save who are in danger, provide the safety and shelter camps for those who are survived; but in case of Burma the military authority has neither provided nor assisted anything to the cyclone victims for someday. The scenes have been seen in the media in which the cyclone victims narrated their sad stories and share their experiences to the reporters. The residents of Rangoon and other cyclone survivors from different places of Irrawaddy could see the appearance and artificial greetings of the Prime Minister Lt. General Thein Sein, and his fade encouragement in the television on May 4 and 5.

On the next days, only the pictures of the soldiers who were cutting off the uprooted trees, cleaning the streets and the army generals roaming around the city have been broadcasted, and the acknowledgement or coverage of the relief works are not mentioned. The soldiers cleaned the streets for the convenient of driving through the military vehicles and then the rest of sanitation works are done by the local people and monks on the basis of self reliance. The cyclone survivors were survived by the assistance and donation from the local people at the very beginning stage.

The Burmese junta was not only providing anything to the cyclone victims, but also did not postpone its constitutional referendum and held forcefully on May 10 as they have planned. Only the cyclone affected areas in the towns in the Irrawaddy and some places in Rangoon have been postponed to May 24. With regard to that tragedy event, the U.N secretary general Mr. Ban Ki-moon expressed that "it is very a sad thing for the people of Burma for such tragedy event. At the same time, it is recorded of the ruling military junta's decision to hold for the referendum." The military junta has been trying to work on the planed referendum for the stability of their power instead of providing the emergency relief effectively that caused the victims whose lives are lost and miserable due to the shortage of food and drinking water daily. Therefore, it is assured that several local victims live have lost even after the cyclone because of the ignorance and lack of responsibility by the Burmese military junta.

Evidence (3): The refusal of the international relief workers; misusing the international aids and switching the donated materials with the bad quality product

While 2.5 millions of the cyclone victims are terribly suffering and hungry for food, drinking water and sheltering, those who relief workers and humanitarian assistance have had to wait for such a long time for the approval from the military authority. Until May 8, the cyclone victims did not receive any assistance from any foreign governments, including the United Nations, except for the aids that donated directly through the local people. Since the U.N has not been so satisfied with the junta' administration over the relief fund and other aids which were donated by the foreign countries, the U.N has asked the military authority to be delivered the aids to the victims by the U.N itself. But the military authority has refused it.

While there was a debate going on between the military authority and the foreign governments over the humanitarian aids, the military authority refused to accept the World Food Program (WFP) and the World Health Organization (WHO) of which the relief airplane had already arrived in the airport in Rangoon on May 8 and 9, respectively. But, interestingly, the food packages which are sealed with the WFP logo are found in market in Rangoon on May 12. It is witnessed that the donated food from foreign countries such as biscuits, dry noodle from Thailand are switched with the products of the military government.

There was a meeting, of Rangoon division regiment light infantry on May 7, between Army General Myint Swe and rice traders regarding the assistance for the cyclone victims. After the meeting, it was found that the good qualities of rice which are donated from the international community are switched with local rice which are bad quality and delivered it to the victims.

On May 17, two weeks after the cyclone nargis, the military authority announced that the list of dead toll was 77738, 55917 people were still missing and 19359 people wounded. In the meantime, French Navy--Le Mistral (which was 13 miles distance from seashore), the U.S's 3 Navies led by USS Essex ( 60 miles distance) and Britain Naval--HMS Webminster (12 miles distance) were stand by to assist the victims.

But the military authority refused to those relief navies. Although the relief navies of the U.S. and British had already returned back, the relief workers are being disturbed and blocked by the military authority by any means.

Such acts of refusing the international humanitarian aids and misusing the donated materials are obstacle to reach to the victims. In comparing, that an innocent person who is shot by the AK-47 gun or an obstacle to the humanitarian aids that caused hunger to death may be basically implied to the U.N.' "Responsibility to Protect". Therefore, it is demanded that the international humanitarian aid forces be intervened in Burma immediately.

Evidence (4): Pending the relief by receiving the U.N Secretary General and the People of Burma dwindling hopes on the United Nations

Taking this tragedy event as an opportunity while people are suffering from the cyclone nargis, and instead of providing the relief emergency as the priority, the military authority have been attentively working on the constitutional referendum. The military authority somewhat concerned the raising death tolls and at the same time they were aware of the relief navies, which were approaching near the delta. It created them the fear of the intervention made by the International Community based on the ground of humanitarian. Therefore, the U.N Secretary General was allowed to stop by some of the affected areas immediately.

Priority to his visit to Burma, although the U.N Secretary General Mr. Ban Ki-moon has been trying to reach to the Snr. General Than Shwe by telephone three times there was no response at all. And, Snr. General Than Shwe did not pay attention to the cyclone victims. He has been made the so-called visit to the cyclone affected areas on May 19-20, just before Mr. Ban Ki-moon arrived in Burma. According to the military-run national television channel, it is realized that Snr. General Than Shwe had been greeted to the fake cyclone victims. It was a make-up show.

While Mr. Ban Ki-moon arrived in Burma, he trip was planed and brought to meet with the fake cyclone victims. It was a deception. Snr. General Than Shwe gave a promise to Mr. Ban Ki-moon that the international humanitarian aids will not be restricted and will be allowed to work freely in Burma. But, since after Mr. Ban Ki-moon went back there were no freedom of movement for the international relief workers and instead they are being disturbed by the soldier, police and members of USDA.

In reality, the military authority neither wanted any humanitarian assistance which would lead by the United Nations nor was the reason that they had allowed Mr. Ban Ki-moon, but because to lessen the pressure from the international community. Whenever the U.N intervened on whatever of the Burmese junta's inhumanly acts, for almost 20 years now, that the Burmese people have been felt some kind of dejected. Therefore, the cyclone victims were not so warmly feel well because they assumed that hindered the intervention by the international humanitarian forces, realizing the visiting schedule for the Mr. Ban Ki-moon was a trap.

There are some certain reasons why Burmese people are not happy (dwindling hopes) with the United Nations. It was because, as of the responses from the United Nations, that in every political movement in Burma after 1988 the Burmese people really hoped that the positive actions from the United Nations on Burma would be reached. But it is seemed weak and inactive.

In April 2000, former U.N Secretary General Kofi Anan appointed Mr. Razali Ismail as U.N special envoy to Burma. Mr.Razali had been to Burma 12 times. Although he had engaged a trust building and dialogue between Aung San Suu Kyi and the military junta two times, later he became the puppet of the junta and his mission was not successful. Moreover, the Burmese people distrusted on Mr. Razali as he had been associated personally with the junta for his own business and other joint ventures.

While Mr. Paolo Sergio Pinheiro who is the representative of the U.N Commission on Human Rights to Burma, visited the Insein prison in Burma and met with some political prisoners, the military intelligence secretly tape recorded him. For the U.N had failed to take action on such improper act on the U.N' mission and activities has caused the Burmese people's hope on the U.N become less and less.

Mr. Kofi Anan appointed Mr. Ibrahim Gambari, after Mr. Razali resignation, for U.N special envoy to Burma. Although Mr. Gambari had been visited five times to Burma, there were no effective efforts for the release of Aung San Suu Kyi and political prisoners. He was incapable of creating the substantive dialogue between Aung San Suu Kyi and the military junta. He rather became the puppet that sank in the traps of the junta. Again, therefore, this is the reason that the Burmese people lack of trust on the U.N special envoy on Burma.

The people in Burma were so hopefully expected as they heard the news that Mr. Gambari would come to Burma during the people demonstration against the junta in September 2007. But nothing particular response came out of Mr. Gambari visit and after his returned to U.N. The torture and killed by the military junta has still been remained. The U.N action on Burma was so weak, also this time.

The U.N. should be working on as one of the main tasks in following the promise of Snr. General Than Shwe to Mr. Ban Ki-moon which was given on May 23 that "all international relief workers will be allowed to Burma." But that agreement does not seem to be materialized. For Burmese people, it is meant that the visit of Mr. Ban Ki-moon to Burma supported the military authority's plan as it's blocked the international intervention on Burma on the ground of humanitarian aid in which was the Burmese people's hopes. Therefore, the Burmese people are not happy with his visit to Burma.

On the other side, the U.N's initiative and mediation could be considered that delayed in receiving the emergency relief by the needy victims or supported the junta's intentional ignorance on the cyclone victims. Therefore, it is earnestly demanded that the U.S, Britain, France and Germany which could effectively support and provide the relief assessment in Burma should immediately send the emergency relief forces to Burma.

Evidence (5): In the condition of Genocide and Crime against Humanity and other concerns

(5.1) Human rights violations

There was a report on human rights on cyclone victims which was published by Amnesty International after a month of the event. In that report, it is mentioned that the cyclone victims were evicted from the shelter camp by force, restriction on traveling, in order to build the polling-booth the cyclone victims are evicted by force from the shelter camp, also from the monestary, which mentioned such cases of 30. Some of those cases were as following.

On May 23 in Shwe-pauk-kan Township, the cyclone victims were evicted by telling them that the school will re-open soon and thus were given 7000 kyats to some people. On May 19, there were 30 people fear to drown due to the boat capsize, all of them were cyclone victims as they were forced to return back in Bo-galay Township. Beginning from May 19, the victims were forced to relocate in Myoung-mya, Ma-Oo-bin, Phra-pon, Laputta Townships. In Kawh-mu Township, some cyclone victims who were asking for the aids were prohibited.

(5-2) Threatening to local donators and arresting the vehicles

In the early stage, the cyclone victims were mostly survived by the support of the local community. Later, those individual and local donator's works were disturbed and blocked by the military authority. On May 25, about twenty vehicles which were returned back from Pathein Township, who helped the cyclone victims, were arrested by the military authority on the ground that they had broke the laws.

Because of such restrictions for traveling and for the voluntary relief works, the numbers of the cyclone survivors who were died of communicable deceases were increased and also shortage of food and nutrition. In addition, Zaganar the comedian who has been devotedly working on the relief was recently arrested by the military authority without any reason.

(5-3) The cyclone surviving orphanage children are forced to recruit to Army

The UNICEF built over 50 camps particularly for the cyclone surviving children. However, according to the local relief workers in Laputta, Phra-pon and Bo-galay Townships, those surviving children who are inaccessible to the camps were taken to the army recruiting center. "According to the Radio Free Asia news on June 5, some of the children, who are orphanage age between 14-15 years, are disappeared. It is assumed that they were sent to regiment infantry no. 66."

(5-4) International Relief Workers

Snr. General Than Shwe promised that the relief experts from foreign countries will be allowed to travel freely in Burma when meeting Mr. Ban Ki-moon. In contrast, in preparing to travel to the Irrawaddy delta from Rangoon, the foreigner relief workers are experiencing with different layers of red tape bureaucrat of the military authority that created the relief workers feel uncomfortable, said Mr. Ky Luu.

Similarly, the Radio Free Asia also reported that "It has been over 35 days. There are still bureaucrat that slows the process and preparation to travel to the delta. As we know, about 50% the cyclone survivors do not receive yet the humanitarian aid.

(5-5) The cyclone victims are forced to labor

While the cyclone victims were terribly suffering and were in dire need of food and drinking water, the military authority forced to labor them for making airfield for landing the military helicopter in the villages in the Irrawady delta. Such the army infantry regiment no.66 which is stationed at Ka-don-ka-nih village of Bo-galay Township was not helpful but rather the cyclone victims were suffered because of the force labor. Moreover, while the parents were searching for their missing children and other relatives they were asked to work with a very few minimum wages, said one witness of the relief worker.

(5-6) Starving and deceases are spreading because of lack of relief assessment

One of the local people from Maw-gyan Township from Irrawaddy mentioned that some people are died of dysentery, diarrhea and related deceases as the results of the people there had to eat the wet and polluted rice.

Maung Pho Nge, 7 year and Daw Tin Yee, age over 50 years died of diarrhea who resided at Ka-na-soh village, and in Myint-to, Shwe-zin-yaw, Paung-hin-choung villages the people were suffering from the diarrhea widely, the Voice of America (VOA) reported on June 9, 2008.

Right after a week ago of the cyclone nargis, Action against Hunger (Action Contre la Faim--ACF) stated that the cyclone survivors were suffering from the shortage of nutrition and food. Those survivors had to find out their own food and also to cook for it. About 75% people there had to consume polluted water, 96% of their toilets were destroyed.

(5-7) The death bodies are not buried well and the crime rate may increase

It is found that the cyclone survivors were searched for the lost one. The death bodies were ordered to throw away, not allowing anyone to approach the death body. For those who wanted to find out the body of their relatives or dear one had to find out secretly at night time.

Out of many, more than fifteen cyclone victims were shot to dead by the soldier in Bo-galay Township. The soldiers took away the jewelleries from the death bodies. Now many death bodies are floating around Ta-Thon district of Mon State and also at the seashore. Some of the rotten death bodies remained in the wells and canals. The decease will spread widely soon. The victims who are most suffering are in the areas of where the ethnic Karen nationalities are inhabitant.

In 1990s, where there were the conflicts and combats between the Karen nationalities and the military authority in Bo-galay, the military authorities cruelly tortured and killed several innocent Karen people. It is obvious that when this tragedy event of cyclone nargis stormed in to Irrawaddy delta where these Karen people are living, the military authority had intentionally ignored to provide the emergency relief for the cyclone victims. Such ignorance could be considered in a condition of genocide. For the military junta, it could be an unfinished combat and revenge.

Our demands

All in all as mentioned above, despite the emergency relief was in dire needed, the military junta has been keeping and continuously working on the stability of its power as the first priority than providing any assistance to the cyclone victims. One could clearly see that the military junta has created, blocked and tried to control the humanitarian aids and its workers, and hide the cyclone victims so that the international community cannot find them.

The military authority's lack of responsibility and intentional ignorance, concealing the facts and reality, dedicated to the stability of power, controlling and blocking the humanitarian aids and its workers imply "crime against humanity" and set in a condition of genocide.

Therefore, we earnestly would like to urge that the United Nations must response to such condition under the mandate of "responsibility to protect" for those cyclone victims, by sending the international emergency forces to Burma and bringing the military authorities before the international court of justice.



Sd/-

Respectfully requested,
Under the mandate of the Elected People's Representatives
Of the 1990 general elections