Australia wins praise from Burma campaigners

Updated March 17, 2010 21:42:55

Australia has won rare praise from Burma campaigners for a move in Geneva that could lead to an international legal case against Burma's military junta for crimes against its people.

It comes after a discussion in the United Nations Human Rights Commission in Geneva of a report by Special Rapporteur, Tomas Quintana.

It's call for an investigation into Burma's military for human rights crimes and war crimes against civilians has been angrily rejected by Burma as unobjective and politically motivated.

But at the Geneva meeting, Australia endorsed an investigation into ways a UN commission of inquiry might be held.

Presenter: Linda Mottram
Speakers: Scott Ludlum, Greens Party Senator and Burma Democracy Advocate

MOTTRAM: The Special Rapporteur's report was issued last week and then discussed in Geneva earlier this week. Representatives of countries present overwhelmingly lamented a lack of progress in Burma on issues of political prisoners, human rights and openness. Burma's Ambassador to the U-N, U Wunna Maung Lwin, angrily dismissed the report as unobjective and politicised .. and, in this quote, specifically rejected claims the regime takes political prisoners.

MAUNG LWIN: (voiceover) My government has clearly stated that there are no prisoners of conscience and that those who are serving prison terms are those who offended the existing laws and regulations.

MOTTRAM: In its response to the Special Rapporteur's report, Australia -- through the diplomatic language was robust. Australia's Representative in Geneva, Angela Robinson, is quoted as saying Australia would support investigating possible options for a United Nations commission of inquiry.

In Australia, Greens Party Senator and Burma democracy advocate, Scott Ludlum, praised the move as an important shift in Australia's stance on Burma in line with many previous calls for such a move.

LUDLUM: T his is the first step towards an international criminal court prosecution of the Burmese regime and judiciary. It's something that the Australian government has strongly resisted moving for in the past and we very much welcome this change and this important shift.

MOTTRAM: Further evidence that Australia is looking to increase pressure on Burma came during a Senate debate welcoming the government's initiative, which passed unanimously without requiring a vote.

CHAIR: The motion moved by Senator Ludlum be agreed to those of that opinion say aye, the contrary no, I think the ayes have it, the ayes have it.

And on top of that, Australia formally this week made clear it's dismay at the five electoral laws unveiled recently by the Burmese authorities.

Australia's Foreign minister Stephen Smith made a detailed statement to the Australian Parliament on that issue, prefacing his remarks by saying Australia had joined the international community in suspending judgement on whether Burma's plans for elections later this year, the first in twenty years, signalled a genuine intention to return to democracy.

SMITH: Towards the end of last week, the Burmese authorities published five electoral laws which will govern the conduct of the election and whilst in some respect its not surprising I very much regret to advise the house that on the basis of the publication of these electoral laws, I have very grave reservations as to whether it is possible for an election to be conducted appropriately in Burma with the full, free and fair participation of all those concerned.

MOTTRAM: Mr Smith singled out the very limiting conditions the laws impose on political parties, and particularly on the National League for Democracy which faces having to expel its iconic leader, the long-detained Aung San Suu Kyi, if it wants to take part in the poll. And he said it would be difficult for political parties to decide whether to participate regardless, or not, with their decision due by May the sixth.

SMITH: I very much regret this development. We had in some respects hoped very much that the authorities were more completely embracing a genuine return to democracy.

MOTTRAM: With its diplomatic shift in Geneva, Australia has put more pressure on Burma though campaigners are still hoping Canberra can be convinced to widen sanctions against the generals, to strike at those who invest in Burma.

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