Burma

The Legal History of Burma

This section provides an overview of Burma

Burma in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): In December 2011, Secretary Clinton became the first U.S. Secretary of State to visit Burma in 50 years. During her meeting with Burma’s president, Secretary Clinton conveyed the willingness of the United States to take modest steps in response to the government of Burma’s release of political prisoners and other signs of increased respect for fundamental freedoms. Specifically, Secretary Clinton said that Burma would be invited to be an observer in the Lower Mekong Initiative; that the U.S. would support IMF and World Bank assessment missions to Burma; that the U.S. would support loosening restrictions on UNDP programs in Burma, particularly in the areas of health and microfinance; and that the U.S. would resume joint counter-narcotics missions and the search for missing Americans from World War II. See December 1, 2011 background briefing on Secretary Clinton’s meeting with Burmese president, available at (internet link) state.gov/r/pa/prs/ps/2011/12/178025.htm Secretary Clinton also conveyed that the United States was not prepared to lift sanctions until Burma’s government took further steps. She explained that the visit to Burma and the modest steps being taken on the part of the United States toward Burma were the result of an effort over the course of two years to re-engage with Burma and that the process was ongoing. Her answer to questions from the press regarding sanctions in Nay Pyi Taw, Burma, on December 1, 2011 appears below, and is available at (internet link) state.gov/secretary/rm/2011/12/177994.htm.

Developments

With regard to sanctions, we’re in the early stages of the U.S. dialogue. And I want to state for the record that my visit today is the result of over two years of work on the U.S. behalf. We’ve had at least 20 high-level visits. We have Assistant Secretary Campbell, the U.S. former representative Scott Marciel. We’ve had a very active engagement by the U.S. chargé, and then we filled the position that the Congress created for a permanent special representative with Ambassador Derek Mitchell.

So for more than two years, ever since I asked that we do a review of the U.S. Burma policy in 2009, we have been reaching out, we’ve been trying to gather information, because we wanted to see change for the benefit of all of the people. And so we have been working toward this, and the reason that we were finally able to reach the decision that the president announced for me to visit is because of the steps that the government has taken.

We know more needs to be done, however, and we think that we have to wait to make sure that this commitment is real. So we’re not only talking to senior members of the government, but we’re talking to civil society members, we’re talking to members of the political opposition, we’re talking to representatives of ethnic minorities, because we want to be sure that we have as full a picture as possible.

So we’re not at the point yet that we can consider lifting sanctions that we have in place because of the U.S. ongoing concerns about policies that have to be reversed. But any steps that the government takes will be carefully considered and will be, as I said, matched because we want to see political and economic reform take hold. And I told the leadership that we will certainly consider the easing and elimination of sanctions as we go forward in this process together. And it has to be not theoretical or rhetorical. It has to be very real, on the ground, that can be evaluated.

Details

But we are open to that, and we are going to pursue many different avenues to demonstrate the U.S. continuing support for this path of reform.

In response to questions from the press in Rangoon, Burma on December 2, 2011, Secretary Clinton elaborated on the United States position with regard to sanctions:

But I was very clear with the government that if we see enough progress, we would be prepared to begin to lift sanctions. But right now, we’re not ready to discuss that because we obviously are only starting the U.S. engagement, and we want to see all political prisoners released, we want to see a serious effort at peace and reconciliation, we want to see dates set for the election, and then we will be very open to matching those actions with the U.S. own. And it was interesting, in the U.S. meetings with a lot of the people that I’ve talked with—and not just the U.S. meetings over the last two days but the U.S. meetings that many of the U.S. high officials have had over the last two years—there is a recognition that lifting sanctions would benefit the economy, but there needs to be some economic reforms along with the political reforms so that the benefits would actually flow to a broad-based group of people and not just to a very few.

Press availability in Rangoon, Burma, available at (internet link) state.gov/secretary/rm/2011/12/178103.htm.

Burma

In relation to the international law practice and Burma in this world legal Encyclopedia, please see the following section:

Sanctions, Export Controls, International Restrictions

About this subject:

Imposition, Implementation, and Modification of Sanctions and Certain Other Restrictions

Under this topic, in the Encyclopedia, find out information on:

• Threats to Democratic Processes
• Modification of Sanctions and Related Actions

. Note: there is detailed information and resources, in relation with these topics during the year 2011, covered by the entry, in this law Encyclopedia, about Burma

Resources

See Also

• Sanctions
• Export Controls
• International Restrictions
• Imposition Of Sanctions
• Implementation Of Sanctions
• Modification Of Sanctions
• Democratic Processes

Resources

See Also

• Legal System
• Country
• Jurisdiction
• Immigration
• Consulate

Resources

See Also

• Legal Biography
• Legal Traditions
• Historical Laws
• History of Law

Further Reading

• Burma in the Oxford International Encyclopedia of Legal History (Oxford University Press)
• The Oxford Encyclopedia of American Political and Legal History (Oxford University Press)
• Burma in the Dictionary of Concepts in History, by Harry Ritter
• A Short History of Western Legal Theory, by John Kelly

Countries or entities currently subject to sanctions by the United States: Burma