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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