28 Burma/Myanmar
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| Common Position and Council Regulation on additional restrictive measures against Burma/Myanmar
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| Legal base | Article 15 EU, Articles 60 and 301 EC; unanimity, QMV
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 8 October and Minister's letter of 9 October 2004
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| Previous Committee Report | None; but see (24437) —: HC 63-xix (2002-03), para 9 (30 April 2003) and (25534) —: HC42-xvii (2003-04), para 13 (21 April 2004)
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| Discussed in Council | 11 October 2004 GAERC
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
28.1 The EU Common Position on Burma first came into effect in
October 1996. It aims to put pressure on the military regime to
pursue a path towards national reconciliation, democracy and full
respect for human rights. In the event of substantial improvement
in the political situation in Burma, it offers the prospect of
the suspension of restrictive measures and the resumption of co-operation.
But events on the ground have instead led to it being strengthened
three times, most recently on 16 June 2003 in response to the
attack sponsored by the military regime on Daw Aung San Suu Kyi's
convoy in northern Burma on 30 May 2003. On 30 August 2003 the
regime announced a seven-point plan to build a "modern prosperous
democratic state". But the political and human rights situation
in Burma has continued to fly in the face of this stated goal:
the continued house arrest of Daw Aung San Suu Kyi and her senior
National League for Democracy (NLD) colleagues, the detention
of a significant number of NLD members, the continued closure
of NLD offices outside Rangoon and the holding of over 1,350 political
prisoners. Against this background, on 21 April we cleared the
renewal of the Common Position for a further 12 months, from 29
April 2004.
The Minister's Explanatory Memorandum
28.2 In his 8 October Explanatory Memorandum, the Minister for
Europe (Mr Denis MacShane) explains that, at the 13 September
General Affairs and External Relations Council, EU Foreign Ministers
agreed to strengthen the restrictive measures in the EU Common
Position on Burma by the time of the Asia-Europe Meeting (ASEM)
in Hanoi on 8 October 2004 unless Burma made the progress EU Foreign
Ministers called for at the Gymnich meeting[54]
in Tullamore in April 2004:
"The progress EU Foreign Ministers called for at Tullamore
was the release of Daw Aung San Suu Kyi, the participation of
the National League for Democracy and other political and ethnic
groups in the National Convention and a genuine and open National
Convention, free from harassment.
"Unless the Tullamore criteria are met, EU Foreign
Ministers are expected to agree to strengthen the restrictive
measures in the EU Common Position on Burma at the 11 October
General Affairs and External Relations Council. They consist of
the following:
— an expansion of the EU visa ban list
to include serving members of the military of rank Brigadier-General
and above and members of their families;
— a prohibition on EU-registered companies
or organisations from making financing, such as loans and equities,
available to named Burmese state-owned enterprises.
EU Foreign Ministers also agreed that EU member states
shall vote against extending loans to Burma from international
financial institutions. They tasked the Commission to produce
specific proposals to address the issue of Burmese illegal logging,
including opportunities to decrease deforestation, and agreed
to expand assistance to the Burmese people in the areas of health
and education".
28.3 The Minister further explains that:
- sanctions that fall within
Community competence (e.g. trade sanctions, financial sanctions,
bans on the export of equipment for internal repression, flight
bans) are implemented by means of an EC Regulation, which is
directly applicable in the UK; with UK legislation providing for
licensing under EC Regulations and for penalties in the case of
breaches being put in place as soon as possible after the EC Regulation
is adopted.
- EU arms embargoes are implemented in the UK under
the Export Control Act 2002.
- EU travel bans are implemented by secondary legislation
under the Immigration and Asylum Act 1971.
Conclusion
28.4 We recognise that it is important to maintain
pressure on the present regime to pursue a path towards national
reconciliation, democracy and full respect for human rights, and
continue to hope that the enhanced restrictions will prove more
effective than hitherto. We accordingly clear these documents.
28.5 On the timing, we accept that it was important
to give the regime every opportunity to respond and, when it did
not, for the European Union to act so as to maximise the impact
of the enhanced restrictions by having their imposition and announcement
coincide with the Asia-Europe Meeting. Although scrutiny over-rides
are always regrettable, in these circumstances we accept that
it was reasonable for the Minister to have agreed not to hold
up these measures.
54 It is an established tradition to have an informal
meeting of Foreign Ministers during each EU Presidency. These
meetings are popularly called "Gymnich", so named after
the castle north of Bonn which was the venue of the first meeting
of this kind. Back
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