Description:
Summary:
The mandate of the Special Rapporteur of the Commission on Human Rights on
the situation of human rights in Myanmar was established by the Commission in its
resolution 1992/58 and extended most recently in resolution 2004/61. In that
resolution, the Commission requested the Special Rapporteur to submit an interim
report to the General Assembly at its fifty-ninth session. The present interim report is
based upon information received by the Special Rapporteur up to 30 July 2004 and is
to be read in conjunction with his last report to the Commission (E/CN.4/2004/33).
Since his last mission to Myanmar in November 2003 the Special Rapporteur
has requested from the Government of Myanmar on several occasions its cooperation
in returning to the country for a fact-finding mission. However, in spite of the
indication of agreement in principle to the Special Rapporteur?s visit, no
authorization to visit was received. The Special Rapporteur therefore provides in the
present report short updates on the issues he examined during his last visit, based on
information collected from other sources. The Special Rapporteur will continue
seeking access to Myanmar so as to more fully discharge his mandate.
The National Convention was reconvened from 17 May to 9 July 2004.
Reviving the National Convention constitutes the first step under the seven-point
road map for national reconciliation and democratic transition presented by the
Prime Minister, General Khin Nyunt, on 30 August 2003. It was announced by the
authorities that the delegates to the new National Convention were expected to frame
their suggestions in the context of the six objectives and the 104 principles already
laid down during the 1993-1996 Convention.
The National Convention was reconvened without the involvement of the
National League for Democracy (NLD) and other political parties that won the
majority of seats in the 1990 elections. It was attended by 1,076 delegates, compared
with the 702 participants at the previous Convention. This increase was largely made
up of representatives of ethnic nationalities, including ceasefire groups that emerged
in the new political environment created as a result of ceasefire agreements with 17
former armed groups. In terms of potential for conflict resolution, the 2004 National
Convention may thus be a unique opportunity for ethnic minorities.
The Special Rapporteur notes that the concerns regarding the National
Convention process that he expressed in his last report to the Commission have not
been addressed and that the necessary steps to ensure minimum democratic
conditions for the reconvening of the National Convention have not been taken. The
Special Rapporteur reiterates that if the Government wishes to promote a genuine
process of political transition, fundamental human rights requirements have to be
fulfilled.
The Special Rapporteur nevertheless hopes that the final outcome of the
National Convention will bring some concrete solutions to the concerns of the entire
population of Myanmar. Releasing Daw Aung San Suu Kyi and beginning a substantive dialogue with her and her party, as well as reaching an agreement with
ceasefire groups that takes into account their suggestions would contribute to the
advancement of the political process. In this respect, the Special Rapporteur appeals
to the Government of Myanmar to recognize the role of the Special Envoy of the
Secretary-General and the necessity of his return to the country as soon as possible to
continue his facilitation efforts, in particular in the context of preparations for the
next session of the National Convention.
The information received by the Special Rapporteur during the reporting period
indicates that the situation with regard to the exercise of basic human rights and
fundamental freedoms in Myanmar has not substantially changed. The effects of the
events of 30 May 2003 in Depayin have yet to be fully reversed. There remain large
numbers of security detainees. The Special Rapporteur has received several reports
of continuing arrests and harsh sentences for peaceful political activities; many of
the reported cases were raised by the Special Rapporteur in his letters and urgent
appeals addressed to the Government of Myanmar. The Special Rapporteur also
remains concerned at the practice of administrative detention. There are still
restrictions on political activity, with all NLD party offices remaining shut, except
for its headquarters in Yangon which was allowed to reopen in April 2004. Despite
the restrictions in place, according to recent reports, NLD has been able to conduct
some activities.
While the extent to which NLD and other political parties will be allowed to
conduct peaceful political activities without reprisals remains to be seen, the Special
Rapporteur would like to reiterate the view, expressed during his last mission in
November, that the implementation of the road map must be accompanied by
tangible changes on the ground towards a genuinely free, transparent and inclusive
process involving all political parties, ethnic nationalities and members of civil
society. Political rights and freedoms must be respected in order to create an enabling
environment conducive to a successful democratic transition. The implementation of
human rights reforms proposed in his reports and letters to the Myanmar authorities
would help create such an environment.
During the reporting period, the Special Rapporteur has received credible and
detailed reports of human rights violations in certain counter-insurgency areas in
Myanmar and hopes that he will be able to clarify those reports during his next
mission. He recalls that his request for an independent assessment in Shan State has
not yet been answered by the Myanmar authorities.
The Special Rapporteur has taken note of the cooperation by the Government of
Myanmar with the Committee on the Rights of the Child in the consideration of the
second periodic report of Myanmar on the implementation of the Convention on the
Rights of the Child.
The Special Rapporteur believes that there has been growing appreciation in
recent years by the international community of an imperative for humanitarian
assistance in Myanmar. In this regard, he welcomes the efforts of the United Nations
Country Team in mapping out vulnerabilities in Myanmar with a view to developing
a strategic framework for United Nations assistance.
In view of the prevailing situation in Myanmar, the conclusions and
recommendations given in the previous reports of the Special Rapporteur remain
valid.
Source/publisher:
United Nations (A/59/311)
Date of Publication:
2004-08-30
Date of entry:
2004-09-28
Grouping:
- Individual Documents
Category:
- UN System and Burma/Myanmar
- Main UN human rights bodies working on Burma (Myanmar)
- United Nations General Assembly (UNGA)
- Reports to the UN General Assembly by the Special Rapporteur on the Situation of Human Rights in Myanmar
- Reports to the GA by the Special Rapporteur on the situation of human rights in Myanmar (English)
Language:
English
Local URL:
Format:
pdf
Size:
72.16 KB