DECREE on Violation of Economic, Social, Cultural, Political and Civil Rights

Case No. 02-2015: Myanmar Government, Presidents Thein Sein – Aung San Suu Kyi & Min Aung Hlaing

DECREE on Violation of Economic, Social, Cultural, Political and Civil Rights

 

September 6, 2018

HAVING SEEN the Judgment and subsequent proceedings of the “Myanmar Case” carried out by the Buddhist Tribunal on Human Rights, ruling the Responsibility of Presidents Thein Sein and Aung San Suu Kyi & General Min Aung Hlaing for the charges of Genocide, Ethnic Cleansing, Crimes Against humanity, High Crimes against Peace, Violation of Human Rights International Law, Violation of Buddhist Law, High Crimes against women and childhood, War Crimes, Supreme Offense against International Morality and the Sanctity of life;

AND CONSIDERING:

That the Judgment dictates the Responsibility of the government of Myanmar for the Extermination committed against the Rohingya People and other ethnic communities such as the Kachin People;

That, in such post-Sentence proceedings, Myanmar Government’s Responsibility for having committed War Crimes in the State of Kachin is set, repeating Crimes against humanity very similar to those carried out against the Rohingya People;

That, in the same way, this Decree dictates the Responsibility of the State of Myanmar for limiting access to humanitarian aid and assistance to thousands of civilians in the areas of armed conflict in Kachin from 2011 to 2018, by blocking the arrival of humanitarian aid from the international community, which is something that also constitutes War Crimes;

That likewise this criminal behavior forms a systematic governmental pattern, since in 2008, after the catastrophic impact of the Cyclone Nargis, that caused more than 130 thousand deaths and several trillions of dollars in material losses, the military government of Myanmar also blatantly blocked the access to humanitarian aid coming from the international community, abandoning more than 1 million individuals of its own people and condemning them to hunger and disease;

That the important work of Fortify Rights organization in denouncing war crimes and violations of international humanitarian law carried out by the government of Myanmar is recognized, recommending the report They Block Everything: Avoidable Deprivations in Humanitarian Aid to Ethnic Civilians Displaced by War in Kachin State, Myanmar;

That the Chinese government would be advising Myanmar authorities not to provide the humanitarian assistance sent by the UN and the international community to the 100,000 people who have been forcibly displaced, which is an act of complicity with war crimes against humanity;

That in accordance with the above, the government of Myanmar is limiting the rights of the Kachin civilian population to access adequate food, adequate health, adequate home, adequate water, appropriate hygiene, and humanitarian aid and assistance, all of which constitute violations of economic, social and cultural rights, being a criminal pattern that has been repeated during the dictatorships of Thein Sein and Aung San Suu Kyi;

That the Myanmar government accused the Kachin Baptist Convention of illegality for providing humanitarian assistance in conflict zones in the Kachin State;

That the Buddhist Tribunal agrees with Matthew Smith of Fortify Rights that the deprivation of humanitarian aid to civilians is a perverse, illegal and ineffective war strategy that should be judged by the International Criminal Court (ICC) to break the cycle of impunity;

That the group of independent experts of the UN concluded in August 2018 that Myanmar’s generals should be tried for war crimes and crimes against humanity committed during the conflict in Kachin, Shan and Rakhine, which would be shared by the UN Special Rapporteur on the situation of human rights in Myanmar (Yanghee Lee) when he stated that the blockades of humanitarian assistance to civilians in Kachin constitute war crimes before International Law;

That the Myanmar government has tried to cover up human rights violations through the illegal persecution and imprisonment of journalists, as is the case with Wa Lone and Kyaw Soe Oo, the Reuters journalists arrested and illegally sentenced for exercising their freedom of expression and of press when investigating the massacres and exterminations against the Rohingya People carried out by the security forces of the government of Myanmar, which constitutes an Attack against Democracy and a new Violation of Civil and Political Rights that has provoked the repudiation of 83 organizations together with the criticism of the UN High Commissioner for Human Rights;

That the Myanmar regime is not really a democratic government, being rather a civic-military dictatorship, as evidenced by the fact that Aung San Suu Kyi is the de facto President, being someone who has not been elected to the office and maintaining her illegitimate power thanks to her genocidal criminal pact with General Min Aung Hlaing;

That the dictatorship of Myanmar has systematically repressed its population, harassing and persecuting ethnic communities in a widespread way in order to dominate the civilian population through fear and oppression, by abusing the coercive power of the State when kidnapping, torturing and murdering thousands of civilians without prior trial or due process, all of which constitutes State Terrorism;

Therefore, the Buddhist Tribunal on Human Rights DECREES:

ARTICLE 1 – A new extension of the Judgment against the government of Myanmar must be approved, by declaring this country as “Responsible” for Extermination, Violations of International Humanitarian Law, Attack against Democracy, Violation of Civil and Political Rights, Violations of Economic, Social and Cultural Rights, and State Terrorism.

ARTICLE 2 – The UN Security Council must be reproved for guaranteeing impunity by continuing to be an accomplice to the military dictatorship of Myanmar instead of promulgating its trial and international condemnation.

ARTICLE 3 – The Vatican State and Pope Francis I must be ordered to stop supporting one of the worst genocidal governments in the history of humanity.

ARTICLE 4 – The International Criminal Court must be invited to follow the ethical example of the Buddhist Tribunal on Human Rights in order to try the State of Myanmar for its international crimes.

ARTICLE 5 – Reuters shall be informed about the entire ethical and solidarity support to struggle for the release of its journalists, recommending continuing with the transmission of the Truth and not allowing any kind of intimidation.

ARTICLE 6 – It must be confirmed that all those who have supported the genocidal crimes of Myanmar will not go unpunished, as is the case with Ashin Wirathu, the State Sangha Maha Nayaka Committee, the Norwegian Nobel Committee, the Catholic Archdiocese of Yangon, the International Buddhist Confederation, the World Peace Prize Awarding Council, Lama Lobzang and Pope Francis I.

Always with spirit of reconciliation (maitri),

H.E. Master Maitreya Samyaksambuddha

President and Judge of the Buddhist Tribunal on Human Rights

 

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