The
Report
The
“Threat to the Peace Report” was published in September
2005 by the global law firm DLA
Piper Rudnick Gray Cary to document the threat that
the SPDC, Burma’s military junta, poses both to its own
people and to regional peace and security.
The
report was commissioned by Vacláv
Havel, Former President of the Czech Republic, and
Desmond M. Tutu,
Archbishop Emeritus of Cape Town and Nobel Peace Prize Laureate.
“Threat
to the Peace” analyzes the criteria for bringing the situation
of a particular country to the UN Security Council, summarizes
the relevant problems and challenges in Burma, and places these
issues in the context of past Security Council interventions.
The
report concludes that the UN Security Council should adopt a resolution
on the situation in Burma in accordance with its authority under
Chapter VII of the UN Charter (Article 41) and past Security Council
precedents.
The
resolution should:
-
Outline
the major reasons for the Security Council intervention, focusing
on the threat to the peace caused by the major issues described
in this report;
-
Require
the SPDC to work with the Secretary-General’s office
in implementing a plan for national reconciliation and a restoration
of a democratically-elected government;
-
Request
the Secretary-General to remain vigorously engaged with the
dispute resolution process and require that he report back
to the Security Council on a regular basis;
-
Urge
the SPDC to ensure the immediate, safe, and unhindered access
to all parts of the country for the United Nations and international
humanitarian organizations to provide humanitarian assistance
to the most vulnerable groups of the population, including
internally displaced persons;
-
Call
for the immediate and unconditional release of Daw Aung San
Suu Kyi and all prisoners of conscience in Burma.
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Table
of Contents
Foreword
Executive Summary
I. Background on the
Situation in Burma
A. Political History
1. Early History
2. Independence
3. Military Coup
4. 8/8/88
5. Democratic Election
6. Recent History
7. Current Situation
B. Economic Development
1. Economic Mismanagement
by the Burmese Government
2. Economic and Social Indicators
3. The Military’s Pervasive Role in the Economy
4. Health and Education
5. Lack of Infrastructure
6. Foreign Investment and Trade
C. Demographics of Population
1. Discrimination and
Abuse against Ethnic Minority Groups
2. Internally Displaced Persons and Refugees
3. Ethnic Opposition Nationalities
4. Ceasefire Agreements
5. Renewed Ethnic Insurgency
II. Burma’s Threat
to Peace and Security in the Region and the Global Response
A. Transnational Effects
of the Conflict in Burma
1. Destruction of Villages
a. Four Cuts Strategy
and Modern Development Projects
b. Human Rights Abuses Related to Forced Relocations
c. Internal Displacement
d. External Displacement
2. Forced Labor
3. Rape
4. Drugs
5. HIV/AIDS
6. Child Soldiers
B. International Promotion
of National Reconciliation in Burma
1. United Nations
2. ASEAN
3. European Union
4. United States of America
5. International Support for UN Security Council Action
6. Response of the Government of Burma
III. Burma and the UN
Security Council
A. Lessons from Past
UN Security Council Interventions
1. Sierra Leone
2. Afghanistan
3. Haiti
4. Republic of Yemen
5. Rwanda
6. Liberia
7. Cambodia
B. Application of UN
Security Council Criteria to Situation in Burma
1. Overthrow of a Democratically-Elected
Government
2. Conflict Between the Regime and Ethnic Groups
3. Widespread Internal Humanitarian / Human Rights Violations
4. Substantial Outflow of Refugees
5. Other Cross Border Problems
C. Time for UN Security
Council Action
Recommendations
Appendix: Background,
Duties, and Operations of UN Security Council |
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