Description:
Summary:
The present report is submitted in accordance with General Assembly
resolution 61/232.
The Special Rapporteur welcomes the decision of the Government of Myanmar
to reconvene the National Convention for its last session on 18 July 2007, to finish
laying down principles for a new constitution as part of a seven-stage road map to
democracy. He remains concerned, however, at the lack of opportunity for effective
and genuine participation by the National League for Democracy (NLD) and ethnic
groups, which have deliberately chosen not to participate owing to the lack of
transparency and meaningful input.
He has repeated on several occasions that there will be no authentic democratic
transition in Myanmar until all political prisoners are released. Given the importance
of the last phase of the National Convention, he deplores the extension of the house
arrest of the NLD General Secretary and the continued detention of other political
leaders. At a time of such importance to the political reform process and in view of
the need for reconciliation, such severe treatment of senior ethnic nationality leaders
sends a very counterproductive signal, shocking many citizens and human rights
observers.
The human rights concerns enumerated in the present report are largely very
similar to those highlighted by the Special Rapporteur last year. The Special
Rapporteur deplores the fact that the Government, despite several requests, has not
invited him to visit the country. For this reason he was not able to assess any
improvements or verify the accuracy of the allegations received from credible
sources.
Severe restrictions on fundamental freedoms are imposed on political activists
and human rights defenders. As of 27 June 2007, the number of political prisoners
was estimated at 1,192. Throughout the country communities are subjected to
patterns of abuse by members of the military who, in order to assert greater central
government control, and often to implement national development projects, resort to
forced labour, the seizure of property and assets and the forced relocation of
populations, particularly in the border areas where ethnic nationality groups reside.
The lack of an effective commitment by the Government of Myanmar to
respond to the human rights situation continues to raise serious concerns. At the
national level, the capacity of law enforcement institutions and the independence and
impartiality of the judiciary have been hindered by sustained impunity. The
restrictions on the exercise of fundamental freedoms by political opponents, human
rights defenders and victims of human rights abuses is also a matter of concern.
The Special Rapporteur also takes note with great satisfaction of the
Understanding between the International Labour Organizations and the Government
of Myanmar, concluded on 26 February 2007, to provide a mechanism to enable
victims of forced labour to seek redress.
The Special Rapporteur has also noted concrete developments which he
considers to be significant milestones in the fight against impunity in Myanmar.
These include the establishment of a national redress mechanism to receive
complaints of forced labour, and the dialogue initiated by the Special Representative
of the Secretary-General for Children and Armed Conflict with the Government
regarding the development of an action plan to halt recruitment of child soldiers and
to develop reintegration programmes and the setting up of a national mechanism to
report on human rights violations committed against children during armed conflict.
These mechanisms should lead to greater access to currently restricted areas for the
provision of humanitarian assistance, as well as the monitoring of violations.
The Special Rapporteur is convinced that Myanmar would benefit from more
active cooperation with his mandate, now under terms of reference that have been
redefined by the Human Rights Council. He insists that it is his obligation to go
public about allegations of human rights violations, but that this does not exclude a
constructive and continuous dialogue with the Government. These two elements of
his mandate can contribute to a new dynamic for the improvement of the situation of
human rights in the country.
As indicated by the Special Rapporteur in his previous report, it will not be
easy for Myanmar to promote political transition and basic human rights. The
collaboration of the United Nations and the international community are essential to
support the efforts of the Government and civil society.
In his recommendations, the Special Rapporteur encourages the international
community to promote a framework of principles to enable Member States to pursue
a plurality of strategies and cooperation with the Government of Myanmar in
accordance with their particular strengths and capacities. It is urgent that the
international community build on existing programmes of humanitarian assistance
and support health, education and human rights, in particular through support to the
development of civil society.
Source/publisher:
United Nations (A/62/223)
Date of Publication:
2007-08-13
Date of entry:
2008-11-23
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 (Russian)
Language:
Russian
Local URL:
Format:
pdf
Size:
338.03 KB