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    Southeast Asia
     Oct 24, 2009
Page 2 of 2
COMMENT
How Australia can help Myanmar

By David Scott Mathieson

In essence, such support is keeping alive thousands of people in desperate situations, something the Myanmar military and their routinely brutal campaigns to interdict livelihoods in conflict areas want to stamp out. These military operations often represent brazen breaches of international humanitarian law. Many other donors already support such initiatives and they don't advertise it for security reasons. Australia can take the same approach very easily, by recognizing that even a little money goes a long way to supporting people to survive.

Target sanctions effectively
Lastly is the vexed issue of sanctions. It is impossible to conclude that international sanctions have had their desired effect: for the SPDC to respect the human rights of the Myanmar people. Yet they retain a certain symbolic utility, reminding the regime of how their reprehensible actions transgress international norms of acceptable behavior. Removing the sanctions too fast sends the wrong message, especially when the SPDC makes their repeal

  

such a prominent condition for negotiation. Sanctions, therefore, have a prime usefulness, and should be scrapped only incrementally in line with significant concessions from the regime.
The list of targeted officials and individuals by the Reserve Bank [5] updated in October 2008 lists 463 people who substantially benefit from military rule in Myanmar. This all sounds great, but its only half-way there. Australia has measures it is not yet using - for example, Australia's sanctions regime currently applies to hundreds of designated Myanmar individuals but not any of the companies under their control or others known to underwrite the junta's abusive rule. The list of sanctions targets should be extended to cover companies owned, controlled by, or substantially benefiting Myanmar's military. This information is readily available if the resources are directed to investigate it.

Also, Australia specifically blocks transfers of funds or payments involving designated persons, yet does not bar other types of financial services and transactions. Most notably, Australia's current measures do not fully freeze assets held by such persons in Australia, nor clearly block dealings with those individuals that involve Australian persons and institutions operating from other countries. Firm steps are needed to fully enforce sanctions so that key Myanmar officials named as targets are not able to derive benefit from assets in Australia or handled by Australian institutions.

Australia must not wait for evidence of genuine concessions from the SPDC to repeal its present sanctions, it should wrest the initiative back from the regime by re-calibrating its targeted measures now. It can do this in two important ways. First, by tightening up its list of SPDC officials and by including specific key companies or Myanmar military controlled entities with direct links to the regime. Second, Australia can make more effort in coordinating sanctions with the US, European Union, Switzerland, and Canada to target key individuals, both military and civilian, who bear responsibility for abuses and whose considerable financial support of the SPDC could undermine these sanctions. These individuals are at the apex of the system inside Myanmar and susceptible to this kind of pressure.

More effective coordination could also lead to greater support from other key states such as Japan, Singapore and Thailand. Australia should work with European and other countries to adopt full financial sanctions and encourage other governments to impose complementary measures. Slow implementation by sanctioning governments, including Australia, and poor coordination internationally have undermined financial and other sanctions, and kept them from realizing their potential. Australia can remedy this by taking a more robust multilateral leadership in coordinating one list of persons and companies for all sanctioning countries to agree on, making it small, effective and adaptable for maximum effect.

Listen to the Lady
In a letter sent by Suu Kyi to President Than Shwe on September 25, the detained democracy leader urged negotiations on the lifting of sanctions, and specifically requested leave to consult with the Australian ambassador in Yangon, something she did recently (albeit with a lower official because the ambassador was on holiday at the time), as well as the UK ambassador and a representative of the European Union.

This is an important step, and countries with sanctions already in place should consult not just with Suu Kyi but many other opposition figures and business leaders to think of a gradual repeal of sanctions - but only when there is a complete release of political prisoners and genuine progress on opening up the political system to encourage community participation ahead of the elections in 2010.

In the interim, tightening specific targeted sanctions is one way of focusing the SPDC's attention on what they stand to lose from treating enhanced talks with the international community with their instinctively cynical self-interest, and importantly on what they should be considering: the welfare of their own people and a real chance to start a genuine process of national reconciliation. A more effective sanctions regime, targeted, nuanced, adaptive and effective, also sends clear messages to sanctions-skeptic countries such as Singapore, Japan, Thailand, India and China, that they can have an effect and also disrupt the flow of SPDC funds and regime members' private finances.

Recent sanctions called for by the Burma Campaign Australia, supported by the Australian Council of Trade Unions (ACTU), on Australian-owned budget airline JetStar Asia flights between Singapore and Yangon, and some textiles imports, hark back to the consumer boycotts of the 1990s and not on the sort of better-targeted measures designed to genuinely impact on the regime rather than the people of Myanmar, who have suffered enough.

There is also the sanctions option that no state in the international community has seriously considered: a multilateral arms embargo on Myanmar through the UN Security Council. Australia is probably the best placed of Western countries to support this initiative, potentially with Canada, within the UN system.

Australia's Myanmar policy should be lauded for its considered balance and the continued expression of support for a free and democratic Myanmar by most if not all members of the federal parliament. With just a few policy tweaks, a little more money, and a substantial investment in multilateral diplomacy, Australia could provide the kind of renewed international and regional guidance on engaging Myanmar that is now desperately needed.

Notes
1. See Burma Country Brief.
2. See Burma’s Forgotten Prisoners
3. See The ICRC in Myanmar
4. See the Burma file.
5. See Banking (foreign exchange) regulations 1959 sanctions against Burma

David Scott Mathieson is Burma researcher in the Asia Division of Human Rights Watch.

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