By Emily Claire Goldman and Simon Billenness
On December 6th, Cartier made the dramatic announcement that it would stop its purchase of gems from Burma (Myanmar). This sudden shift was due to consumer pressure on Cartier to stop selling “genocide gems.” This demonstrates the growing power of “citizens sanctions” on the Burmese army’s business interests.
Cartier faced mounting pressure from more than 70,000 consumers organized by International Campaign for the Rohingya and SumOfUs, some of whom posted their opposition on Cartier’s Facebook page to its sale of “genocide gems.” In response, Cartier announced on its Facebook page that, “as part of [its] continuous review process to ensure ethical sourcing, Cartier has decided to stop purchasing gemstones from Myanmar, which will become fully effective as of December 8.”
The Sunday Times (UK) quickly picked up on the story with its article “Taint of Burma’s Genocide Gems.”
The Case For Sanctions on Burma’s Army
Since August, Burmese military forces have carried out a textbook example of ethnic cleansing against the Rohingya. This systematic, targeted and deliberate campaign of violence against civilians – what human rights experts have called crimes against humanity – has sparked international condemnation and raised concerns that the Burmese military is marching on the path to genocide.
In the past year alone, Burma’s army has forced more than 626,000 people from their homes in attacks reminiscent of those in Bosnia and Rwanda in the early 1990s. Despite Burmese government officials’ efforts to restrict UN investigators’ and journalists’ access to affected areas, reports have consistently documented grave human rights abuses committed by Burmese military forces, including “deliberately burning people to death inside their homes; murders of children and adults; indiscriminate shooting of fleeing civilians; widespread rapes of women and girls; and the burning and destruction of houses, schools, markets and mosques.”
Burma’s incomplete transition to democracy has been marked by a power-sharing agreement between the civilian government – led by Aung San Suu Kyi’s National League for Democracy (NLD) – and the military. Under this agreement, the NLD government operates under the military-written constitution that allows the army to retain significant control over the country’s political and economic affairs. The military avoids civilian oversight and judicial scrutiny, allowing it to avoid accountability for grave human rights abuses. This is evident with the recent self-exonerating report released by the military, claiming that an independent investigation into allegations of grave human rights abuses against the Rohingya in Rakhine State cleared them of any wrongdoing in the atrocities.
Burma’s Military-Commercial Complex
Burma’s military has built up extensive commercial interests in mining and extraction over fifty years of military rule.
Military-owned companies include Myanmar Economic Corporation (MEC), a secretive conglomerate owned by the defense ministry, and Myanmar Economic Holdings Limited (MEHL), both of which are heavily involved in the country’s gemstone sector. Myanmar Gems Enterprise (MGE), a state-owned enterprise run by former military men, is responsible for gemstone production through its control of permits, licensing, collection of royalties, and joint venture partnerships.
Yeshua Moser-Puangsuwan of Transparency International told the Financial Times in February, 2017, that the military’s modus operandi has always been to “insert themselves in various parts of the economy and use this to enrich their shareholders,” the Burmese army.
The military projects MEC and MEHL as potential partners for foreign multinationals seeking to invest in Burma. Hla Myo, a former army major and a general manager at MEHL, told the Financial Times that the company is “very passionate” about adding U.S. and European companies to MEHL’s roster of joint ventures with Asian corporate partners.
The Financial Times reported that MEHL’s top ten directors all hold military ranks. The board is overseen by seven of the Burma’s top military officers, headed by the commander-in-chief, Min Aung Hlaing.
Burma’s Mogok Valley is renowned for producing some of the highest quality rubies and sapphires, with the country supplying the majority of the world’s rubies and jadeite. According to Global Witness, MEHL’s has a prominent position in the jade trade, worth as much as $31 billion to Burma in 2014. At the 2014 Myanmar gems emporium, the official government auction, MEHL’s Myanmar Imperial Jade subsidiary recorded record sales figures of almost $150 million.
Ending the “Genocide Gems” Trade
The United States enacted a ban of imports of gems mined in Myanmar in 2003. However, few high-end jewelry retailers opted to boycott Burmese gems at that point in time. Instead, the companies chose to take advantage of a loophole in the legislation that allowed for the importation of Burmese gems that were cut and polished in another country.
Tiffany & Co. announced in 2003 that it would no longer purchase Burmese gems regardless of where the stones were cut or polished, thereby refusing to profit off of human rights abuses. By contrast, its competitors, such as Cartier, continued to buy Burmese gems until international outrage pressured it to adopt similar policies in 2007.
When the US lifted sanctions on Burmese gems in 2016, Tiffany & Co. maintained its commitment to responsible gemstone sourcing. Cartier, like many other high-end jewelry retailers, quietly ended their boycott of Burmese gems when the opportunity to maximize profits presented itself once again.
The Rise of “Citizens Sanctions” on Burma’s Military
Governments are considering sanctions against Burma army in the wake of its most recent campaign of violence against the Rohinyga. Americans can urge their Members of the U.S. Congress to support and co-sponsor House (H.R. 4223) and Senate (S.2023), bills that would reinstate the ban of imports into the U.S. of Burmese gems.
But we don’t have to depend on lobbying our Members of Congress. We can put direct consumer pressure on the jewelry retailers that are fueling the military’s atrocities against the Rohingya and other ethnic minorities in Burma, including the Karen, Shan, and Kachin.
Cartier’s decision to stop buying Burmese gems demonstrates how ordinary people can directly sanction Burma’s army. Let’s make it crystal clear to the jewelry industry that there’s no market for genocide gems.
Petition to the United Nations Security Council (UNSC) and the International Labour Organization (ILO)
We, the undersigned, representing concerned citizens, civil society organizations, and advocates for human rights, urgently call upon theUnited Nations Security Council (UNSC)and theInternationalLabour Organization (ILO)to take immediate action to address the humanitarian crisis resulting from the forced conscription law imposed by the military junta in Myanmar.
Background:
OnFebruary 10, 2024, the military junta in Myanmar announced its illegitimate enforcement of the People’s Military Service Law (Nº 27/2010), compelling up to 50,000 people per year to serve in the military for up to five years. This forced conscription isa blatant violation ofinternational law and fundamental human rights, threatening peace, stability, and the well-being of the people of Myanmar. It poses a significant threat in Myanmar and the region for several reasons:
Illegitimate military:The Myanmar military began an attempted coup in February 2021, and since then has no longer been working in service to the nation of Myanmar. Rather, it now operates under the command of an unelected and illegitimate military junta. Under this leadership, the military has launched a nationwide campaign of heinous crimes against the people of Myanmar in an attempt to suppress and control them. To date, the military haskilledover4,500 people, andarrestedmore than26,000including the President, State Counsellor, elected members of parliament, journalists, pro-democracy activists, religious leaders and others. Over 20,000 remain incarcerated. The military has committed massacres, indiscriminate airstrikes, artillery shelling, sexual and gender-based violence, mass torture and mass arson. As a result,2.4 million peoplehave fled their homes since the attempted coup began.
Forced Conscription of Women, Children, Professionals and Retirees:The junta’s decision to use conscription is widely understood among Myanmar people as a desperate attempt to compensate for its growing combat losses and defections. The junta’s State Administration Council (SAC) will forcibly recruit civilians, includingmenaged18-35 years,womenaged18-27 yearsand professionals such as doctors and engineers. Those who refuse will facea five-year jailterm. This adds to the junta’s illegitimate use of other forms of forced recruitment such as the Reserve Forces Law (2010) under which wives and children of soldiers aged over 15 are currently forced to undergo military training and retired or discharged military personnel are forced to serve for unspecified lengths of time. The junta’s forced recruitment is an extreme measure, particularly in relation to children and retirement aged people. Further, the forced recruitment of young women is especially egregious given the junta’s ongoing use of sexual violence.
Exacerbation of Violence:
The implementation of forced conscription by the military junta escalates the already unprecedented violence in Myanmar. As the junta faces growing resistance from democratic forces, it resorts to forced conscription as a means of psychological warfare to terrorize the population into submission. This escalation of violence further destabilises the country and heightens tensions within communities. (1)
Use of Human Shields and Atrocities:
The military junta has a track record of using civilians, including women and children, as human shields, minesweepers, and porters. Forcing conscription provides the junta with a ready pool of recruits to exploit in these dangerous roles, exposing them to the risk of abuse, torture, and even death.
Moreover, the junta’s history of committing atrocities, including sexual violence against women, raises serious concerns about the safety and well-being of those subjected to forced conscription.
Civilian Backlash and Fallout:
The announcement of forced conscription has triggered a major backlash among Myanmar’s civilian population, leading to widespread fear, anger, and resistance. Many young people are considering drastic measures to evade conscription, such as fleeing the country or joining resistance forces. This mass opposition to conscription is likely to further destabilize the country and contribute to social unrest
Humanitarian Crisis and Refugee Outflow: Forced conscription has already led to a rush of people seeking to leave Myanmar, leading to overcrowding and chaos at border crossings. This mass exodus poses humanitarian challenges for neighbouring countries and increases the risk of conflict spillover. Moreover, the targeting of specific ethnic and religious groups, such as the Rohingya, for conscription further exacerbates existing tensions and raises concerns about potential genocide or ethnic cleansing.
Petition:
1. We call upon theUnited Nations Security Council (UNSC)to:
Immediately convene an emergency meeting to address the crisis in Myanmar and propose a binding resolution under Chapter VII of the UN Charter.
Directly address the Myanmar crisis with relevant partners to manage its consequences, as relying solely on ASEAN has proven ineffective and contributed to escalating regional instability in Southeast Asia.
Imposing targeted sanctions especially on providing insurance to jet fuel import; banning the import of jet fuel into Myanmar; and a comprehensive arms embargo against the military junta to halt the enforcement of the Conscription Law and prevent further human rights violations.
Refer the situation in Myanmar to the International Criminal Court or establish an ad hoc tribunal to hold perpetrators of atrocities accountable.
2. We call upon theInternational Labour Organization (ILO)to:
Reject the forced conscription law imposed by the military junta in Myanmar as a grave violation of international labour standards and fundamental human rights.
Take decisive action against the State Administrative Council (SAC) for illegitimately forcing this law, which has a documented history of committing heinous crimes against humanity, including sexual violence against women, forced portering, and the use of civilians as human shields. Such actions constitute egregious violations of human rights and demand immediate accountability.
Condemn the use of forced labour and take immediate action to investigate and monitor instances of forced conscription in Myanmar.
Provide technical assistance and support to the legitimate government of Myanmar, theNational Unity Government (NUG),Ethnic Representation Organisations (ERO), andcivil society organizationsto address forced labour, protect the rights of affected individuals.
Conclusion:
The forced conscription law imposed by the military junta in Myanmar represents a severe threat to peace, stability, and human security in the region. We urge the United Nations Security Council and the International Labour Organization to act swiftly and decisively to address this crisis and uphold the principles of justice, dignity, and human rights for all.