BurmaNet News: November 26, 1994

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************************** BurmaNet ************************** 
 "Appropriate Information Technologies, Practical Strategies"
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 BurmaNet News: Saturday , November 26 1994
 Issue #71
 

1 KNU: STATE ON THE MATTER OF TALKS
2 NATION: RANGOON FAILS TO GET CLEAN UN CHIT ON  RIGHTS ABUSES
3 NATION: LETTER ON BURMA REFUGEES
4 NATION: LETTER ON DEVELOPMENT NEED
5 BKK POST: PRIVATE SECTOR SEEN AS MAJOR PLAYER IN  MEKONG PROJECTS
6 NATION: FORUM HEARS HINDRANCES TO SUB-REGION COOPERATION
7 UN: YOZO YOKOTA REPORT 

 ************************************************************** 

KNU: STATE ON THE MATTER OF TALKS
November 23, 1994
 
Together with its alliances and forces for peace at home and abroad, 
the KNU has been endeavouring to establish genuine fraternal peace 
by calling for the solving of the political problems of the country by 
political means. With this basic stand, the KNU has made the effort to 
initiate talks and create an amicable start between itself and the 
SLORC.
 
Accordingly, arrangements were made with the SLORC military 
attache to Thailand, Col Thein Shwe, for the meeting of KNU and 
SLORC to take place at the SLORC embassy in Thailand. At first, the 
SLORC gave the appearance of assent but, subsequently, as the 
SLORC hierarchy disapproved, the arrangements for the meeting of 
advance delegations of the two sides had to be cancelled.
 
Then again, discussions were made with Col Thein Shwe on the plan 
for the KNU advance delegation to begin talks with the SLORC 
authorities in Rangoon in the presence of UN representatives serving 
as witnesses. However, according to the reply made through Col Thein 
Shwe on November 11, 1994, the SLORC authorities rejected the 
participation of the UN representatives. They also said that the KNU 
advance delegation was to meet only with the head of South-East 
Military Command, Gen Ket Sein, in Moulmein, and not in the capital 
city, Rangoon.
 
In connection with the above matter, the KNU would like to clarify to 
its allies, to the SLORC and to the forces for peace at home and 
abroad, as follows:-
 
(1) As the establishment of genuine peace is a political question of the 
magnitude encompassing the whole country, consultation and 
disposition of top leaders of the two sides is necessary. An attitude of 
openness, honesty and equanimity is also essential. The KNU is 
entirely not responsible for the failure, up to this day, of the advance 
delegations the two sides to meet.
 
(2) In the establishment of genuine internal peace, seriousness in the 
disposition of mind is indispensable. Peace cannot be established 
without it. In conclusion, the KNU would like to state that it will 
continue to endeavour for the holding of talks with a steady and honest 
disposition, and with the objective of establishing a genuine and 
lasting peace in the whole country.
 
                                Central Committee
                                Karen National Union
 
November 23, 1994
 
**************************************************
NATION: RANGOON FAILS TO GET CLEAN UN CHIT ON 
RIGHTS ABUSES
Friday, November 25, 1994
by Yindee Lertcharoenchok
 
THE latest UN human rights report concludes there is some progress 
and development in Burma, but it also charges that the drafting of a 
national constitution "is not heading towards multi-party democracy as 
announced" by the Burmese junta. 
 
It points out that human rights violations -- torture, arbitrary killings, 
rapes, disappearances and confiscation of private property -- still 
continue, "most frequently in the border areas" by the Burmese troops 
in the course of their operations, forced relocations and development 
projects.
 
The report criticizes the drafting of a new constitution by the junta-
appointed National Convention, saying participants are not permitted 
freedom to deliberate or express themselves during the process.
 
"In order to draft a truly democratic constitution, it is necessary to 
ensure democratic procedures and freedom of opinion and expression 
in the process of deliberating and drafting the constitution. This does 
not seem to be the case of the National Convention in Myanmar 
[Burma]," it the report says.
 
The preliminary report was prepared and presented on Wednesday to 
the UN General Assembly by Yozo Yokota, who, for the third 
consecutive year, was appointed special UN envoy to oversee the 
human rights situation in Burma.
 
Yokota, a Japanese professor reports that while many political 
prisoners have been released, there are reportedly still some several 
hundred political leaders in prison or under detention, the most 
significant of whom is Daw Aung San Suu Kyi.
 
The Japanese envoy finished his initial report after his Nov 7-16 visit 
to Burma where he met several Burmese leaders and authorities 
including powerful intelligence chief Lt Gen Khin Nyunt, who holds 
the post of secretary of the ruling State Law and Order Restoration 
Council (SLORC), and Foreign Minister U Ohn Gyaw. He later spent 
five days in Bangkok and in the Thai border town of Mae Sot where he 
had talks with opposition Burmese and ethnic groups.
 
Yokota mentions that time constraints have not permitted him to study 
carefully the information and documents collected during his trip to 
Burma and Thailand and that a full account of his findings and 
observations and recommendations will be reflected in his final report 
to the UN Commission on Human Rights, which will be submitted 
soon.
 
While he states that he was permitted a visit to the infamous Insein 
Prison in Rangoon and a meeting with three political prisoners, he was 
unable to see Aung San Suu Kyi, who has been under house arrest 
since July 20, 1989, despite repeated requests.
 
The Japanese special rapporteur expresses disappointment that his 
requests to meet the leaders of the main political parties, including 
Suu Kyis National League for Democracy, at his office in the UN 
premises in Rangoon were rejected. Instead they took place at a 
Government guest house.
 
The report takes note of some recent political developments such as a 
dialogue between Suu Kyi and SLORC leaders and a visit to her by a 
US congressman and a Burmese Buddhist monk. Yokota says the life 
of people in cities like Rangoon and Mandalay appears to be less 
restricted.
 
Prior to his visit, Yokota submitted to SLORC a written memorandum 
on various allegations of human rights abuses by Burmese authorities 
and asked that it respond to the charges.
 
SLORC was also asked to reply to a number of questions, including 
the timeframe of the National Convention and about the health and 
release date of Aung San Suu Kyi from house arrest.
 
SLORC promptly responded to Yokotas questions but they have not 
yet been made public.
 
**************************************************
NATION: LETTER ON BURMA REFUGEES
Friday, November 25, 1994
 
A serious concern induces us to address this letter to you. The most 
generous and liberal admission of refugees in the Kingdom of 
Thailand in the last decades has met immense appreciation and esteem 
in Germany. All the more, we are worried about recent changes in 
policy concerning the asylum seekers. In particular those from 
Myanmar (Burma) who form the largest group of refugees, are at risk 
of detention and forceful return. There is an obvious deficiency of 
concrete laws that establish fair and adequate procedures for 
determining their refugee status.  
 
Therefore it is necessary that Thailand accedes to the 1951 Convention 
relating to the status of refugees and to its 1967 protocol, that are 
necessary to ensure better cooperation with the United Nations High 
Commissioner for Refugees (UNHCR).  
 
We do recognize the economic and social problems such a large 
number of refugees would pose to the government of Thailand. 
Nevertheless, Thailand has to make a clear distinction between 
economical considerations and the superior importance of human 
rights, which are indispensable.  
 
By demonstrating exemplary generosity against refugees, Thailand has 
the unique opportunity to secure a promising starting-point in 
negotiations with neighbouring governments of possible solutions to 
social grievances resulting from the "burden" of asylum-seekers.  
 
Jan Damran 
Reilingen 
Germany  
 
**************************************************
NATION: LETTER ON DEVELOPMENT NEED
Friday, November 25, 1994
 
We have been reading about the Development Quadrangle and the 
Greater Mekong Subregion programme in your newspaper. We do 
agree that Burma also needs to develop and that is a reason why there 
is an ongoing struggle to change the obsolete dictatorship in our 
country.  
 
But the gap of the political development and Human Rights awareness 
between the Slorc and the rest of the participating countries, especially 
Thailand, needs to be assessed.  
 
If we are to look at present-day Thailand, the political development of 
the country and the people's awareness of the democratic system in 
Thailand can be seen in the reporting within November in the Thai 
media.  
 
* Pak Mool dam protest and the ongoing rapport between the 
government and the people;  
 
* The objection of the tambon chiefs against articles 198 and 199 of 
the draft Constitutional Amendment Bill;  
 
* The protest of the Chatuchuk weekend vendors against the hanging 
gardens project;
 
* The CAT union members protest against the private participation in 
an international VSAT project.  
 
These show that the individual in a democratic country, whether the 
person is an ordinary village, a vendor, a tambon chief or a trade 
union member has a right to voice his opinion and have it explained 
and appropriate action taken to in a non-violent way.  
 
The stark contrast can be seen over the way the rural people of Ubon 
Ratchathani are participating in the decisions regarding compensation 
and the World Bank's concern over the Pak Mool dam in Thailand, 
and the silence of the people of fleeing Burma over forced relocation 
and forced labour done in the guise of development, whether it be the 
gas pipeline project on the Tennenirim coast or the Salween dam 
project.  
 
Of all the countries in the region, Burma is the only country where an 
election winning party has been denied the right to be the government, 
a solution that has been impaired due to the irrational support of the 
surrounding countries fuelled by the business interests of a few.  
 
On Nov 23, it was reported that Yozo Yokota, a United Nations 
human rights rapporteur, after a recent trip to Burma presented a 
report to the United Nations General Assembly which says that there is 
"scant improvement [political and human rights] over the last year" 
and "accused the authorities of torture, rape, forced labour, destruction 
of property, looting and summary executions despite years of 
international protest".  
 
The United Nations General Assembly Third Committee, within days, 
will again be passing a resolution on Burma that will call for the 
release of all political prisoners and the respecting of the 1990 election 
results.  
 
Some say that a resolution is just a piece of paper, but nevertheless it 
shows that the international community is aware and concerned for the 
democratization of Burma and respects the people's vote of 1990.  
 
If we are to look at the consensus in passing of the UN resolution, we 
have to point out that the Asean thinking is in contrast to the rest of 
the world on Burma. The Slorc has never responded to the 
constructive engagement. It is the "hard stance" that is the key factor 
leading to the recent talks between Daw Aung San Suu Kyi and the 
Slorc.
 
For Thailand, the Slorc is a bitter pill. In spite of all the overtures 
amid the backlash of the international community, the Thai 
government has been trying its best to compromise with the Slorc, one 
of the reasons being the timber and fishing concessions.  
 
Yet, since the start of 1994, all the border timber concessions have 
been cut off and the fisheries department chief felt so humiliated that 
he exploded and accused the Burmese authorities of violations of the 
agreement reached earlier. As fellow countrymen we are ashamed but 
have to stress that "the democratic forces have always expressed to all 
concerned not to work with the Slorc as they were not sincere, whether 
be it political or economics" and all of you did not listen.  
 
We would like to point out to the ADB, the Bangkok Bank, the Japan 
Overseas Development Corp, the Australian International 
Development Assistance Bureau and those who will be attending the 
forum at the Bangkok Hilton that in spite of all your good intentions, 
Burma is still in the hands of an illegal, irresponsible junta and the 
political system is still incapable of handling these developments.  
 
Maung Maung
Federation of Trade Unions, Burma
 
**************************************************
BKK POST: PRIVATE SECTOR SEEN AS MAJOR PLAYER IN 
MEKONG PROJECTS
Friday, November 25, 1994
by Dharani Kothandapani
 
THE private sector will emerge as a major player in the development 
of infrastructure in the Greater Mekong Sub-Region, according to 
Noritada Morita, programmes development director of the Asian 
Development Bank.
 
Mr Morita was speaking at a seminar held in Bangkok yesterday on 
investment opportunities in the region.
 
The ADB, which has identified projects and prioritised them for the 
sake of investment, was looking for support from the private sector.
 
"Several projects like those concerning port development or corridor 
development will attract investment, but a few of the projects, while 
being economically viable, may not be suited to the raising of 
substantial returns," said Nalin Samarsinghe, the ADB's transport and 
communications manager.
 
The private sector had answers to questions like these. Philip Lam, 
general manager of Straits Steamship Land Ltd of Singapore, said: 
"The ADB can play a role as an investment partner in the region, by 
either investing directly or through an investment fund.
 
"If this happens the private sector will feel more confident. The ADB 
should find innovative ways of dealing with investment in the region."
 
The private sector also called for a reduction of tariffs within the 
region. Kei Kodera, managing director of Sony International 
(Singapore) Ltd, said: "As in the case of AFTA, where reduced tariffs 
apply, the Greater Mekong Sub-Region should also lower tariffs so 
that entrepreneurs can approach this as a single market."
 
Sony, which has set up a joint venture in Vietnam, would like to locate 
manufacturing operations for various products in different countries in 
the region so that the needs of the market can be met.
 
"The size of the market itself is small. It is not big enough in one 
country, so we have to think in terms of the region," Mr Kodera said.
 
While the intention is to attract investment in seven sectors -- 
transport, energy, environment, human resources, trading, tourism and 
telecommunications -- the absence of infrastructure itself was cited as 
a major obstacle.
 
"Facilities for roads, power, ports and telecommunications need to be 
created," Mr Kodera said.
 
Hidetoshi Nishimura, representative of the Japan Overseas 
Development Cooperation, said: "Without infrastructure, it is 
impossible to do business. But the important point is who should pay. 
It should be the government which pays for this out of tax revenue."
 
Low labour costs in itself are not an attraction. In the case of hi-tech 
manufacturing, labour constitutes only 5% of costs, and its impact on 
the price is minimal. What is more important is the availability of 
cheaper components. But this is a chicken and egg situation, Mr 
Kodera said.
 
Although an effort is being made to set up legal and other systems, not 
all of these are in place. The extension of trade and investment 
insurance should be made available in the region, Mr Nishimura 
suggested.
 
**************************************************
NATION: FORUM HEARS HINDRANCES TO SUB-REGION 
COOPERATION
Friday, November 25, 1994
by Jeerawat na Thalang & Pongpat Srinang
 
THE private sector has expressed concerns that an inadequate 
infrastructure, the limited size of the market and insufficient 
supporting industries to back up the sub-regional cooperation, might 
hinder the planned cooperation among the six countries along the 
Mekong River.
 
The recommendations were made for the first time yesterday directly 
to officials from the public sector and from the Asian Development 
Bank at a forum on The Greater Mekong Subregion at the Hilton 
International Hotel, where a crowd of participants from both public 
and private sectors met to discuss the progress of the Hexagon 
subregional cooperation project.
 
The sub-regional plan was initiated by the ADB, which suggested 
Thailand, China, Cambodia, Vietnam, Burma and Laos should jointly 
improve the infrastructure along the Mekong river to promote trade 
and investment in the area. ADB is studying the feasibility of sub-
regional cooperation covering six projects; transport, environmental 
and natural resource management, energy, human resource 
management, trade and investment and tourism. The 
telecommunications sector was later included after the previous 
meeting on the Hexagon project at Chiang Mai in Sept this year.
 
ADB is now looking for participation from the private sector to take 
part in the economic cooperation programme. However, Kei Kodera, 
an executive from Sony International Ltd, voiced concern over 
investment in the sub-region might be limited owing to the size of the 
market which might not be big enough to attract investors. In Sonys 
case, the difficulty in getting local supporting industries might turn out 
to be the obstacle preventing the company setting up a manufacturing 
base in the area.
 
Taisuke Shimizu, senior managing director from the Bank of Tokyo 
Ltd, added that the difficulties in converting currencies might become 
another negative factor to obstruct the free flow of goods and capital in 
the sub-region.
 
Dr Suchart Thadathamrongvech, a senior vice president of CP Group 
of Companies, shared the idea, "Particularly in Burma's case, the great 
difficulty for investment is the exchange rate. The official rate for one 
dollar is six Kyat but on the black market, on dollar could be sold as 
high as 110 Kyat. Traders would, therefore, have to think twice before 
coming up with a trade deal for fear of difficulties in converting the 
local money into hard currency.
 
Suchart added that the Thai government in particular should think 
about designating the region as a baht zone because it is the only 
stable currency and can be easily converted. Therefore, it can greatly 
facilitate trade and investment.
 
Noritada Morita, director, Programme Development Asian 
Development Bank, said yesterdays seminar was the first time that 
businessmen had the opportunity to directly discuss the sub-regional 
project with the ADB and government officials. Government officials, 
at the last meeting in Chiang Mai, agreed to institutionalize the forum.
 
In September, officials from the six participating countries agreed to 
form two committees, on transport and energy, to oversee the ongoing 
works. Moreover, they agreed to set up a permanent committee at the 
ministerial level to ensure the continuity of political support to get 
projects off the ground.
 
Asked why political will was so important for the Hexagon 
development plan, a participant who asked not to be named explained 
that it was to ensure that the government would not back away from 
the plan. All the countries participating in the sub-regional 
cooperation, except for Thailand, have just entered the initial stages of 
transforming their economic policy from centrally-planned to market-
oriented ones.
 
At the fourth meeting in Chiang Mai, ministers from the six countries 
endorsed the feasibility draft made by ADB on the transport and 
energy sector. ADB will submit conclusions for the remaining four 
projects to the ministers at the upcoming meeting in Japan early next 
year.
 
According to Morita, greater Mekong subregional cooperation has the 
"most potential of all subregional cooperation" over other sub-regions 
in the world because of the existing economic cooperation of the 
people depending on the fertility of the Mekong river.
 
"The aim of the project is to make all economies more prosperous by 
united effort and economic cooperation," Morita said.
 
However, Philip C Lam, general manager of Straits Steamship Land 
Ltd, Singapore, underlined the problem of bureaucracy as the root 
cause of the lack of investment in infrastructure because governments 
from the Mekong countries might fail to adjust their working 
mentality to meet with the rapid change under the newly-introduced 
market-oriented systems.
 
Prime Minister Chuan Leekpai said in his opening statement that the 
sub-regional cooperation is consistent with his economic policy 
because it would work complementary with the global free trade 
system.
 
He said that the sub-regional projects were not fully successful in the 
past because of the lack of infrastructure to sufficiently link the free 
flow of trade and investment. Most importantly, the political conflicts 
among the Mekong riparian countries has impeded the potential 
cooperation.
 
"Today, conflicts have been resolved and free trade has been used as a 
mechanism in developing the countrys economy," he said.
 
 ************************************************************** 
UN: YOZO YOKOTA REPORT 
Preliminary Report on the situation of human rights in Myanmar
prepared by Yozo Yokota, Special Rapporteur of the Commission on 
Human Rights under its resolution 1994/85
 
 
INTRODUCTORY STATEMENT BY THE SPECIAL RAPPORTEUR
   TO THE THIRD COMMITTEE OF THE GENERAL ASSEMBLY
                        ON 23 NOVEMBER 1994
 
 

Under resolution 1994/85 of 9 March 1994, the Commission on Human 
Rights decided to extend for one year the mandate of the Special 
Rapporteur "to establish or continue direct contacts with the 
Government and people of Myanmar, including political leaders 
deprived of their liberty, their families and their lawyers", and 
requested him to report to the General Assembly at its forty-ninth 
session and to the Commission at its fifty-first session. This is my third 
year to serve as Special Rapporteur of the Commission on Myanmar.
 
This year again, as soon as the extension of my mandate as Special 
Rapporteur is decided, I considered it my first duty to "establish or 
continue direct contacts with the Government" of Myanmar. On 10 
August 1994, I submitted a letter to His Excellency U Ohn Gyaw, the 
Minister for Foreign Affairs of the Union of Myanmar, expressing my 
hope to continue benefiting from the cooperation of the Government of 
Myanmar in order to ensure that the General Assembly and the 
Commission on Human Rights are presented with a comprehensive 
assessment of the situation of economic, social, cultural, civil and 
political rights in Myanmar. In the same letter, I specifically expressed 
my wish to visit Myanmar between 7 and 16 November 1994.
 
On 23 September 1994, Minister U Ohn Gyaw sent me a letter 
informing that my proposal to visit Myanmar is acceptable to the 
Government and that they will welcome me again this year to Myanmar 
as an expression of their continuing cooperation with the United 
Nations Organization. This letter did not specify the exact dates of my 
visit which are acceptable to the Government. However, in a letter from 
the Permanent Representative of the Union of Myanmar to the United 
Nations Office at Geneva, which accompanied the above letter from the 
Minister for Foreign Affairs, the Special Rapporteur was informed that 
the proposed dates for his visit had been tentatively agreed to. On 28 
October 1994, Charge d' Affair of the Permanent Mission to the Union 
of Myanmar to the United Nations Office at Geneva sent me a letter 
advising that the proposed dates of my visit, i.e., the dates from 7 
through 16 November 1994, are agreeable to the authorities concerned 
of the Union of Myanmar.
 
On 5 October 1994, I submitted to Minister U Ohn Gyaw a written 
memorandum containing various allegations that I had received of 
human rights violations reported to have occurred in Myanmar, and I 
requested for Government's views thereupon. The allegations were 
summarized under the following headings: (a) extrajudicial, summary 
or arbitrary execution; (b) arbitrary arrest and detention; (c) torture and 
other cruel, inhuman or degrading treatment; (d) forced labour; (e) 
violations of the freedom of movement; (f) violation of the right to 
property; and (g) the situation of refugees from Myanmar. 
 
In the same memorandum, I have requested for the Government 
responses to the following queries; (a) legal authority under which Daw 
Aung San Suu Kyi is still kept under house arrest and the precise date 
on which the Government intends to release her; (b) present health 
condition of Daw Aung San Suu Kyi; (c) Government's position 
concerning the continuation of dialogue with Daw Aung San Suu Kyi; 
(d) progress made in the National Convention; and (e) Government's 
action with regard to distribution of the Burmese version of the 
Universal Declaration of Human Rights to all the delegates to the 
National Convention. This memorandum is reproduced in Chapter II 
"Correspondence with the Government of Myanmar" and in Chapter III 
"Summary of Allegations Received". Here, I wish to clarify the fact that 
Chapter III of my preliminary report is simply a summary of allegations 
that I have received in the past one year and that what is written therein 
does not contain any of my views or observations on the situation of 
human rights in Myanmar.
 
By a note verbals dated 4 November 1994, the Government of Myanmar 
sent a reply regarding various allegations and requests for information 
and explanation I have just mentioned. This Government reply is 
reproduced in my preliminary report in Annex (A) "Observations and 
Rebuttals on the Summary of Allegations" and Annex (B) "Responses 
to the Queries Made by the Special Rapporteur on the Situation of 
Human Rights in Myanmar". In this connection, I wish to note that, 
unlike the last years preliminary report where the Government reply 
was reproduced in Chapter IV of the report, this years report 
reproduces the Government reply in the annexes. This difference is due 
to technical reasons and does not reflect in any way the importance that 
I have placed on such reply. In fact, this year in particular, the 
Government of Myanmar replied to my request for observations and 
views in a very short time allowed for such a response, and I wish to 
express my gratitude for such willingness to cooperate.
 
At the invitation of the Government of Myanmar, I undertook a visit to 
that country from 7 to 16 November 1994. During this visit, I was 
received by the Secretary One of the State Law and Order Restoration 
Council (SLORC), the Minister for Foreign Affairs, the Chief Justice, 
the Attorney General, the Information Minister and other high-level 
authorities of the Government. I visited some sites relevant to my 
mandate including Insein Prison where I met three political leaders, 
i.e., U Tin Oo, U Aung Khin Sint, and Myin Ko Naing, and Mandalay 
Central Prison. I also visited worksites at the Ye-Tavoy Railway and 
Mandalay Palace. In addition, I visited the site where the National 
Convention is being held and Yangon and Dagon university campuses. 
I am grateful to the special courtesy and facilities extended to me this 
year by the Government of Myanmar during my visit. However, I must 
express my disappointment that, in spite of my repeated requests, I was 
unable to see Daw Aung San Suu Kyi who has been put under house 
arrest since 20 July 1989. Furthermore, I regret that my meetings with 
leaders of the main political parties including the National League for 
Democracy (NLD) which won a land-slide victory in the May 1990 
elections did not take place at my office in the Yangon UNDP premises, 
in spite of my repeated requests, and were held instead in one of the 
Government guest houses. I must also express my serious concern that I 
was unable to see other political leaders detained or recently released, 
or other citizens who wished to contact me, due to fear felt by them of 
subsequent repercussions. In this connection, I wish to note that one of 
the charges against Khin Zaw Win who was arrested in July 1994, 
included that he had made arrangements for sending fabricated news on 
Myanmar to me, Special Rapporteur on Myanmar, during my visit to 
that country in 1992. I was later informed that this particular charge 
was not considered as basis for judgment by the court but the fact that 
this was widely reported even by the Government newspaper The New 
Light of Myanmar would have a strong psychological affect on people 
not to contact me.
 
While in Yangon, my office, accommodation and local transport were 
provided by the UNDP Office in Yangon to which I wish to express my 
deep gratitude.
 
At the completion of my visit to Myanmar, I proceeded, from 1 to 20 
November 1994, to visit Bangkok and Mae Sot in Thailand where I 
established or continued contacts with the people of Myanmar there as 
requested under my mandate.
 
I now wish to summarize my observations on the human rights 
situation in Myanmar on the basis of my recent visit to that country and 
Thailand and of the information received from various sources, 
including the government officials and people of Myanmar, staff 
members of the United Nations and other related agencies, staff 
members of active human rights and humanitarian nongovernmental 
organizations, foreign government officials including diplomats, 
journalists, scholars and students, who provided first-hand information 
regarding the situation of human rights in Myanmar.  
 
First of all, I wish to point out that there are some recent developments 
which could be seen as signs of, or may lead to, improvements in the 
human rights situation in Myanmar:
 
1. The government started a dialogue with Daw Aung San Suu Kyi 
which Secretary One of Slorc assured me to continue in my meeting 
with him on Nov 14.  
 
2. The government allowed an American Congressman and Myanmar 
Buddhist monk, who are not her immediate family members, to see 
Daw Aung San Suu Kyi.  
 
3. Cooperation with the Office of the United Nations High 
Commissioner for Refugees (UNHCR) is continuing and more than 
100.000 Myanmar refugees out of an estimated total of about 270,000 
have so far been repatriated from neighbouring Bangladesh.  
 
4. Cooperation is expanding with the International Committee of the 
Red Cross  
(ICRC) in conducting workshops to train military personnel on 
international humanitarian law and the four 1949 Geneva conventions 
to which Myanmar acceded in 1992.  
 
5. The government is expanding cooperation with various other United 
Nations organs and agencies such as UNDP, Unicef, and UNDCP, and 
humanitarian nongovernmental organizations who try to reach out to 
grass-root people who suffer from shortage or lack of food, safe water 
medicine, medical care and proper education.  
 
6. The life of people in cities like Yangon (Rangoon) and Mandalay 
appears to be less restricted. I observed that people generally enjoy 
normal life. Physical development in the construction or improvement 
of roads, buildings and railways is taking place.  
 
In spite of these developments, however, there are still many 
restrictions on fundamental freedoms and various violations of human 
rights continuing in Myanmar.  
 
1. Although many political leaders who had been held in prison have 
been released, there are reportedly still some several hundred political 
leaders in prison or under detention, most significant of whom is Daw 
Aung San Suu Kyi. 
 
2. New arrests of, and severe court sentences for, some political leaders 
have been reported or confirms. Information from reliable sources 
indicates that there are problems in the matter of fair trial in the sense, 
in particular, of free access to defence lawyers, balance in the acts 
committed and the punishment applied, and time for careful 
examination of the case by the courts.  
 
3. While there are signs of further relaxation of restrictions and some 
progress in the field of economic, social and cultural rights, many civic 
and political rights are still severely restricted. Particularly, the right to 

life, liberty and security of person, freedom from slavery, torture or 
cruel, inhuman or degrading treatment and punishment, freedoms of 
thought, opinion, expression, peaceful assembly ant association are 
widely ignored and seriously violated, especially in connection with 
forced labour including portering, forced relocation, and political 
parties and the National Convention.  
 
4. Speaking of the National Convention its composition and procedure 
as well as measures taken in connection with the convention do not 
indicate that the constitutional process is heading towards multi -party 
democracy as announced by the government. In order to draft a truly 
democratic constitution, it is necessary to ensure democratic procedure 
and freedoms of opinion and expression in the process of deliberating 
and drafting the constitution. This does not seem to the case of the 
National Convention in Myanmar.  
 
5. There are still cases of torture arbitrary killings, rapes, 
disappearances and confiscation of private property continuing, 
according to testimony and evidence acquired by- me. The seem to be 
taking place most frequently at the border areas by the tatmadaw or 
military soldiers in the course of military operations, forced relocations 
and development projects. While the victims of such human rights 
violations seem to cut through all the social geographical and ethnic 
groupings, . the most vulnerable groups seem to be ethnic national 
populations, women, children peasants, daily wage earners and other 
peaceful civilians who doe not have enough money. I have been recently 
informed from reliable testimonies that serious human rights violations 
are taking place also within the military particularly by senior officers 
against their subordinates.  
 
Since there has been no time to study carefully the information and 
documents collected during my visits to Myanmar and Thailand, these 
observations will have to be preliminary in nature. The full account of 
my findings and observations will be reflected in my final report to the 
Commission on Human Rights, which I intend to submit, soon. 
 

END
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