Although this letter is undated, it is clear that it was submitted to the Commission by Aung San Suu Kyi while official harassment of her party was mounting and before she was placed under house arrest on 20 July 1989. In 1990 the Commission took steps to investigate the human rights situation in Burma under the confidential 1503 procedure, a process which continues today.
I The chief aim of the National League for Democracy (NLD) and other organizations working for the establishment of a democratic government in Burma is to bring about social and political changes which will guarantee a peaceful, stable and progressive society where human rights, as outlined in the Universal Declaration of Human Rights, are protected by the rule of law.
II Those working for democracy in Burma would wish to differentiate between the ‘rule of law’ which would mean the fair and impartial administration of legal rules – i.e. measures passed by a legally elected assembly after free and open discussion and debate – and the process of law and order which merely involves the enforcement of arbitrary edicts decreed by a regime which does not enjoy the mandate of the people.
III Those who believe in the sanctity of human rights do not reject the concept of law and order as such but they would wish to ensure that the law is not just ‘the will of the dominant faction’ and that order is not simply ‘the reflex of an all-pervading fear’. The majority of the people in Burma desire a state which preserves dhamma and abhaya – righteousness and absence of fear.
IV The claim that human rights considerations have to be balanced against respect for the law would be valid only if the law ensures that justice is done and seen to be done. Decrees designed to expedite repressive measures against those who resist the erosion of rights recognized by the United Nations as essential for the foundation of freedom, justice and peace cannot be said to have either the moral force or the legal sanction necessary to elevate mere edicts to the status of just laws.
V It has been the consistent policy of the NLD to respect and uphold all just laws. At the same time the NLD in common with the majority of the people of Burma recognizes that those who wish to build a strong and peaceful nation have a duty to resist measures which attack the very foundations of human dignity and truth.
VI The large numbers of political prisoners held in Burma today have been charged with so-called criminal offences because of their efforts to uphold Articles 19, 20 and 21 of the Universal Declaration of Human Rights. Further they have been subjected to the kind of treatment which runs contrary to Articles 5, 6, 7, 8, 9, 10, 11 and 12.
VII Neither the NLD nor the people who demonstrate their support for the NLD desire the kind of conflict and confrontation which can only bring more suffering on a populace already troubled by much political and economic hardship. Seeking understanding through dialogue and negotiations is an accepted principle of the democratic tradition to which the NLD has been unswervingly committed since its inception in 1988.
VIII Those who wish for an early and peaceful transition to democratic government acknowledge the validity of the statement that ‘to deny human beings their rights is to set the stage for political and social unrest’. Their efforts are thus directed towards bringing about conditions which will avoid social and political unrest. However, their efforts have been hampered by the refusal of the authorities to respect the will of the majority.
IX It is hoped that it will be possible for the UN Commission on Human Rights to obtain such conditions as would enable those with an interest in promoting human rights in Burma (in particular political prisoners) to express their views frankly without fear of reprisals on themselves, their families or their associates.
X While realizing that they must depend on their own powers of courage, perseverance and fortitude to bring their struggle for a political system which will guarantee their human rights to a successful conclusion, the people of Burma look to the UN Commission to support the justice of their cause.