Frequently
Asked Questions (FAQs)
1.
Why did Havel & Tutu commission a report on Burma?
As lifetime
campaigners against political oppression, Havel and Tutu had closely
followed Burma’s struggle for peace and national reconciliation.
On Daw Aung San Suu Kyi’s 60th birthday on June 19, 2005, the
world’s attention was drawn to Burma, the only place in the world
where a Nobel Peace Prize Laureate was under arrest. Havel and Tutu
decided that it was time to publish a definitive report that examined
the threat that the regime posed both to its own people and to regional
peace and security.
2. How
much did DLA Piper Rudnick Gray Cary get paid to prepare the report?
Nothing.
The report was produced pro bono by DLA Piper Rudnick Gray Cary. Many
law firms do a limited amount of pro bono work – work that is
done without compensation in the interests of the public good.
3. What
is the definition of “a threat to the peace”?
There is
no legal or other definition that describes the type of situation that
is regarded as “a threat to the peace”. The UN Security
Council decides, on a case-by-case basis, whether a situation threatens
the peace.
4. Why
is the UNSC the appropriate body to address the situation in Burma?
Under the
UN Charter (Chapter VII, Article 39), only the UN Security Council has
the authority to determine the existence of a “threat to the peace”.
The Security Council is the only legitimate and legal international
body that can place enforceable conditions on members, whenever and
wherever necessary (Chapter VI, Article 33), to ensure peace and security.
5. Given
the seriousness of the situation in Burma, why has the Security Council
failed to adopt a resolution?
The basic
reason the UNSC has failed to adopt a resolution is because Article
27 of the UN Charter requires all five permanent members of the Council
to agree on the adoption of any resolution. In January 2007, China and
Russia used their veto power in the Council to stop a UNSC resolution
on Burma sponsored by the US and the UK.
Other UN
bodies have made efforts and passed resolutions, but these have not
been binding or enforceable, and the regime has failed to comply or
make progress in line with agreements.
6. What
does it mean for the UNSC to ‘act’?
Once it
has determined that a threat to the peace exists, the UNSC deliberates
and resolves to take appropriate action. This may include recommending
methods or the terms of dispute settlement; calling on members to apply
economic and political sanction; or as a last resort, to take military
action against an aggressor.
7. Is
the report a call for military intervention in Burma under UN mandate?
No. The
report recommends specific actions. These recommendations do not include
UN-led military intervention or the deployment of a peacekeeping force.
They focus
on dispute resolution: requiring the regime to work with the UN Secretary
General’s office towards national reconciliation and restoration
of democracy; urging unhindered access for humanitarian agencies to
all parts of the population; and the unconditional release of Daw Aung
San Suu Kyi and all prisoners of conscience.
8. Where can I find
more general information about Burma?
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