Legal base	Article 15 EU; unanimity
Department	Foreign and Commonwealth Office
Basis of consideration	EM of 16 April 2009 and Minister's letters of 31 March and 20 April 2009
Previous Committee Report	None; but see (29621) —: HC 16-xix (2007-08), chapter 9 (23 April 2008); (29368) 5401/08: HC 16-xi (2007-08), chapter 9 (6 February 2008); and (29083) —: HC 16-ii (2007-08), chapter 21 (14 November 2007)
To be discussed in Council	27 April 2009 General Affairs and External Relations Council
Committee's assessment	Politically important
Committee's decision	Cleared

Background

12.1 Starting with Common Position 1996/635/CFSP, the EU has adapted and strengthened its sanctions regime against Burma over the last ten years in response to deteriorating circumstances on the ground and the continuing failure by the government of Burma to make progress on human rights and national reconciliation. In line with EU sanctions policy the EU has worked to achieve positive change in Burma by placing pressure on those responsible for its policies, whilst minimising any adverse impact on the general population.

12.2 In 2006, EU Common Position 2006/340/CFSP imposed the following measures:

—  a visa ban and assets freeze against named members of the military regime, the military and security forces, the military regime's economic interests and other individuals, groups, undertakings or entities associated with the military regime and their families;

—  a visa ban against serving members of the military of the rank of Brigadier-General and above;

—  a comprehensive embargo on arms and equipment that might be used for internal repression and ban on military personnel being attached to diplomatic representations in and from Burma;

—  a ban on high-level bilateral government visits at the level of Political Director and above;

—  a suspension of most non-humanitarian aid;

—  prohibition on EU companies making finance available to, or extension of participation in, named Burmese state-owned companies, their joint ventures and subsidiaries.

12.3 In view of further deterioration of the situation in Burma, the EU adopted Common Position 2007/750/CFSP on 19 November 2007 (which we cleared at our meeting on 14 November 2007). This provided for new restrictive measures concerning certain imports from, exports to and investments in Burma/Myanmar, targeting its timber and extractive industries, which provide sources of revenue for the military regime. It also broadened the scope of the existing restrictions on investment by applying them also in respect of investment in enterprises owned or controlled by persons or entities associated with the military regime, and broadened the categories of persons targeted by the freezing of funds and economic resources.[49]

12.4 Then, on 6 February 2008, we cleared a revised Council Regulation which

• extended the current restrictive measures which provide sources of revenue for the military regime of Burma/Myanmar in respect of:

—  extending and updating persons subject to a travel ban;

—  the freezing of their assets;

—  extending and updating the list of enterprises in Burma subject to an investment ban.

• proposed additional restrictive measures:

—  an export ban on the industrial sectors of logs and timber and defined metals, minerals, precious and semiprecious stones; to include diamonds, rubies, sapphires, jade and emeralds (the Regulation will now include finished products with an exemption for personal items of jewellery);

—  an import ban on products from the above mentioned sectors;

—  an investment ban on new trade in the above mentioned sectors;

—  the provision of technical assistance or training related to relevant equipment and technology destined for enterprises in the above industries in Burma/Myanmar.

12.5 Most recently, on 21 April 2008, we cleared a Common Position 2008/349/CFSP, which renewed the current restrictive measures on sources of revenue for the military regime for a further 12 months and amended the Annexes in respect of:

—  updating persons subject to a travel ban (with the inclusion of members of the judiciary) who are responsible for implementing acts of repression by the regime and;

—  the freezing of their assets;

—  updating the list of enterprises in Burma subject to an investment ban by adding a further 30 names to the list.

12.6 This Common Position is due to expire on 30 April 2009.

The Minister's letter of 31 March 2009

12.7 The Minister for Europe at the Foreign and Commonwealth Office (Caroline Flint) wrote to the Committee on 31 March to say that she remained deeply concerned about the situation in Burma. She noted that, now, over 2,100 political prisoners continued to be detained, and the military government was resisting the UN's efforts to facilitate an inclusive process of national reconciliation and political reform. She described EU sanctions against Burma as "amongst the toughest autonomous measures imposed by the EU", and says that they "send a strong message to the Burmese regime about our determination to see democracy and respect for human rights in the country."

12.8 Noting the EU's adoption and adaptation of its sanction regime against Burma in response to deteriorating circumstances on the ground, failure by the government of Burma to make progress on human rights and national reconciliation, and the use of forced labour, the Minister says that the EU has worked to achieve positive change in Burma by placing pressure on those responsible for its policies whilst minimising any adverse impact on the general population — the aim of this pressure being to bring an end to human rights abuses in Burma and encourage an early transition to civilian, democratic rule. She says that the Government remains fully committed to maximising international pressure for a peaceful transition to democracy and respect for human rights in Burma, and describes the EU Common Position as "an important part of our policy." Noting that its annual renewal requires unanimous support from Member States, the Minister says that "views in the Council on the efficacy of sanctions against Burma vary" but that "in the absence of any real progress, the UK sees no ground for weakening sanctions."

12.9 The Minister also recalled the interest expressed by Committee in UK efforts to secure change in Burma by engaging with China. This is in reference to the Conclusions the Committee adopted at the end of its Report on the adoption of the current Common Position. There, the Committee asked:

—  for more of the background thinking to these longstanding sanctions measures, which appeared to have had little effect on a brutal and inflexible regime;

—  whom the then Minister had consulted in the formulation of UK policy;

—  what else the EU and the UK had been seeking to do, over and above, this sanctions package, and what other ideas had been in play;

—  what representations had been made at the most recent EU-China summit, whose agenda had included "a broad range of bilateral, regional and international issues including Burma/Myanmar", [50] and by recent senior Government visitors to China.[51]

12.10 The Minister said that "China has an important role to play in encouraging political change in Burma" and that the Government "frequently encourage them to bring their influence to bear as firmly as possible on the Burmese regime." She noted that the Government "recently welcomed the support of the Chinese government for the UN Secretary-General's Good Offices Mission", and that "the Foreign Secretary last raised Burma with Foreign Minister Yang at the UK/China summit which took place between 31 January and 2 February."

The draft Common Position

12.11 The latest Common Position essentially extends the present Common Position for a further 12 months. Both the list of entities subject to an asset freeze and the list of persons subject to an asset freeze/travel ban have been updated (e.g. to take account of changes within the government). Apart from these changes, the restrictive measures will be renewed as they are for a further 12 months.

The Government's view

12.12 In her Explanatory Memorandum of 16 April 2009, the Minister for Europe at the Foreign and Commonwealth Office (Caroline Flint) recalls that the Council adopted the current restrictive measures after the violent suppression of peaceful protesters in November 2007 — the so-called "Saffron Revolution" — as well as the continued human rights abuses in Burma and detention of over 1100 political prisoners. This was, she again says, consistent with EU policy to increase pressure on the military regime to enter into a meaningful and genuine dialogue with the democratic opposition, whose ultimate aim is the eventual transition to civilian rule and full respect of human rights, including the release of political prisoners and recognition of the rights of ethnic communities.

12.13 The Minister "strongly supports the renewal of this position as it binds the 27 Member States to a robust policy in support of political change in Burma"; extension for a further 12 months is warranted by the lack of improvement of the human rights situation and the lack of substantive progress towards an inclusive democratisation process. The Minister says that "the Burmese military have failed to meet the demands of the international community and continue to violate human rights, including by continuing to detain and sentence democracy campaigners", and that "there are now estimated to be over 2200 political prisoners."

12.14 The Minister concludes by saying that she expects the draft Common Position to be approved at the 27 April 2009 General Affairs and External Relations Council.

The Minister's further letter of 20 April 2009

12.15 In her second letter, the Minister expands on the Committee's interest in the nature of contacts with the Chinese authorities, as follows:

"The UN Good Offices Mission to Burma, pursued primarily by the UN Special Envoy to Burma, Mr. Ibrahim Gambari, seeks to facilitate a process of national reconciliation in Burma, by promoting dialogue between the military government, opposition parties and ethnic groups. The ultimate aim of this mission is to see a restoration of the democratic process in Burma and a substantial improvement in the Human Rights situation. The UN Secretary General Ban Ki Moon publically stated his frustration at the Burmese regimes lack of cooperation with the Good Offices mission. China's support is critical to the success of the Good Offices mission due to their representation on the Security Council and unmatched influence over the regime.

"The Foreign Secretary last raised Burma with Foreign Minister Yang at the UK/China summit which took place between 31 January and 2 February. We continue to urge the Chinese to use their influence with the regime and to acknowledge the damage done to Chinese interests by the status quo. In response, the Chinese urge us to see the regime's roadmap and the 2010 elections in a positive light and be more patient with the pace of reform. They maintain that positive engagement is more effective than pressure and sanctions."

Conclusion

12.16 Although we have no concern over them, we are reporting the roll-over of these proposals because of the widespread interest in the situation in Burma in the House, to which we leave any judgements over their efficacy or that of approaches to the Chinese authorities.

12.17 We now clear the document.

50   http://ec.europa.eu/external_relations/china/summit_1107/index.htm. Back

51   See headnote: see (29621) -: HC 16-xix (2007-08), chapter 9 (23 April 2008). Back