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5/5): UNCHR REPORT, FEBRUARY 1996.



/* posted Sun 13 Oct 6:00am 1996 by DRUNOO@xxxxxxxxxxxx in igc:soc.culture.burma */
/* ---------------" UNCHR Report, 5 February 1996 (5/5)"---------------- */
[ U.N. Commission on Human Rights report on 1996 is posted here for your
reference. The Official records of U.N. documents may be found in your
public library. -- U Ne Oo.]
----------------------------------------------------------------------
II. ALLEGATIONS
C. The National Convention and the process of democratization

145. When the National Convention adjourned on 8 April 1995, its chairman,
Chief Justice U Aung Toe, stated that agreement had been reached to lay
down principles for the designation of self-administered diviSions and
self-administered zones under the chapter of the Constitution entitled
"State structure".

146. On 28 November 1995 the Government of Myanmar reconvened the National
Convention. The subjects on its agenda were: the legislature; the executive
and the judiciary branch. Like the previous sessions, the plenary opening
session was attended, among others by 5 delegates from the National League
for Democracy included in the political parties delegates group and 81
representatives elected from the NLD included in the representatives
elected group. Following the opening address delivered by Lt.Gen. Myo
Nyunt, Chairman of the National Convention Convening Commission, the NLD
representatives decided to withdraw from the Convention and to boycott its
current session.

147. Article 21.1 and 21.3 of the Universal Declaration of Human Rights
provides that everyone has the right to take part in the government of his
country, directly or through freely chosen representatives, and that the
will of the people shall be the basis of the authority of government; this
will shall be expressed in periodic and genuine elections.

148. The Special Rapporteur notes that of the 702 National Convention
delegates from 8 categories, 49 are selected by the 10 political parties
remaining after the 1990 elections, 106 are elected representatives and the
remainder of the delegates from the other 6 categories were chosen by
SLORC. In fact, NLD members, despite winning 80 per cent of the seats in
the 1990 general elections comprise only about 15 per cent of the 702
delegates.

149. Furthermore, the Special Rapporteur has been informed that each of the
eight groups represented were to have a panel of five chairmen who would
lead the discussions and that, in the political parties group, only one
chairman was from the NLD - the party that won a majority in the 1990
elections. In the elected representatives group, where 89 of the remaining
106 delegates were from the NLD, no NLD representatives were selected as
chairmen.

150. Given these figures and the process of selection of the delegates, the
Special Rapporteur notes that the National Convention is not truly
representative in the sense of article 21.1 and 21.3 of the UNiversal
Declaration of Human Rights, because its membership does not reflect the
results of the elections.

151. Freedom of expression in general and political debate in particular in
the National Convention compound seem to be severely restricted and
circumscribed. Delegates cannot distribute discussion papers among
themselves: all papers have to be submitted first  to the chairmen of the
groups. The chairmen scrutinize the contents and, if the statements are
found to be contradictory with the agreed principles, the relevant parts
are deleted. Only then can the papers be read at the group meetings. When
the proposed statements are to be read before the plenary meeting, they
have to be submitted again for scrutiny by the Work Committee. Moreover, it
appears that delegates are not totally free to meet with other delegates
and to exchange their views inside the compound. They are reportedly not
entitled to distribute leaflets, to wear badges or to bring any written or
printed materials to the Convention without prior approval by the National
Committee.

152. During the Special Rapporteur's visit to Myanmar in 1995, he was also
informed that all the delegates to the National Convention are required to
stay in the Convention compound. Five delegates live together in each
dormitory. There is one sergeant clerk in each dormitory serving the
delegates. It is reported that these sergeant clerks may also observe the
activities of the delegates. It was also reported to the Special Rapporteur
that when the delegates return to their states to see their families they
are sometimes harassed and monitored by the local authorities. In this
regard, the Special Rapporteur fears that this atmospheres of intimidation
does not permit the delegates to be in touch with the populations they
represent to enable them to take into account their grievances, wishes and
points of view and, thus, to represent them meaningfully during the debates
which are taking place in the National Convention.

H. The movement towards reconciliation with the insurgents

153. During the Special Rapporteur's meetings in Myanmar, the Government
proclaimed the recent cease-fire agreements as its most significant
achievement, as an example of national reconciliation and as the starting
point for the national and regional development. In response to the
Government's invitation to the armed groups "to return to the legal fold",
it has been reported that on 21 March 1995, the Kayinni National
Progressive Party (KNPP) reached a cease-fire agreement with the Government
of Myanmar. Three months later, on 29 June 1995, the Government signed
another cease-fire agreement with the Mon minority group. The New Mon State
Party (NMSP) was the fifteenth rebel ethnic group to agree to a cease-fire
with the Government.

154. With regard to the cease-fire agreement concluded between KNPP and the
Government of Myanmar, the Special Rapporteur is concerned that it has not
been faithfully respected by SLORC. According to several reports received,
the Myanmar Army, on 15 June 1995, breached certain terms of the agreement.
It deployed its troops into the KNPP designated areas and continued to
collect porter fees and to conscript Kayenni and other civilians for army
operations, such as carrying military equipment, ammunition and other
supplies.

155. During the Special Rapporteur's stay in Myitkyina (Kachin State), the
Government invited U Zaw Hra, Vice-Chairman of the Kachin Independent
Organization (KIO) and U Khun Nawng, the liaison officer of the Myitkyina
office, to meet with him. The meeting took place in the presence of the
governmental delegation which was accompanying the Special Rapporteur and
which recorded the entire conversation. Given the fact that no interpreter
was assigned to the Special Rapporteur during his mission, he had to rely
on a governmental interpreter during the meeting.

156. U Zaw Hra informed the Special Rapporteur that KIO had signed a
cease-fire agreement with the Government of Myanmar on 24 February 1994
after four years of negotiations. Although the terms of the agreement were
not publicized, U Zaw Hra told the Special Rapporteur that the principal
point agreed upon was the maintenance of the present military status quo in
both SLORC and KIO designated areas.

157. During the meeting, U Zaw Hra explained to the Special Rapporteur that
the central government of Myanmar has denied the Kachin population its
basic social, human and economic rights. He said that the profits extracted
from the natural resources available in kachin State, such as teak and
jade, were not benefiting the Kachin population but the central Government.
When compared with other States, Kachin State was the poorest and was
lagging behind in development owing to the civil war, but also to the
policy of the central Government, which never reinvested in that region,
always favoured the Burmese and considered the Kachin as second-class
citizens. With regard to the human rights situation, the Vice-Chairman told
the Special Rapporteur that between 1988 and 1992 the Kachin population had
suffered deportation, forced relocation and destruction of their villages.
many villagers had been forced to work as porters or as labourers building
roads.

158. U Zaw Hra admitted that since the signature of the cease-fire
agreement, the human rights situation had improved considerably in Kachin
State. Cases of forced relocation, forced labour and forced portering had
decreased noticeably, except in some remote areas.

159. U Zaw Hra expressed the hope that the signature of the cease-fire
agreement would enhance opportunities for implementing regional development
programmes and making the entire Kachin State prosperous. He also hoped
that efforts and arrangements would be made in order to permit wider
participation of the local population in governing and benefiting from the
resources of their own region. U Zaw Hra concluded the meeting by saying
that it was only trough political settlement that genuine peace could be
reached in Myanmar.

160. The Special Rapporteur was informed about the absence of genuine
representatives of the ethnic nationalities in the National Convention.
Despite the fact that the Government of Myanmar had made various
cease-fires with ethnic nationalities, these groups are only allowed seats
as observers and therefore cannot participate in the process of drafting
the Constitution.

I. The treatment of the Muslim population in Rakhine State

161. In 1992, there was a mass influx of some 250,000 Muslim refugees into
Bangladesh from Rakhine State in Myanmar. In order to address this problem,
memoranda of understanding concerning the voluntary repatriation of the
refugees, were signed between UNHCR and the Governments of Bangladesh and
Myanmar, on 12 May 1993 and 5 NOvember 1993 respectively. Repatriation to
Myanmar is continuing and more than 190,000 Myanmar refugees out of an
estimated total of about 250,000 have so far been repatriated from
neighbouring Bangladesh.

162. UNHCR is playing a key role in helping ensure conditions in Rakhine
State that are conducive to the return of the refugees and in monitoring
their treatment by the Myanmar authorities. According to reliable sources,
since the beginning of UNHCR assistance to the repatriation process, very
few cases of human rights violations have been reported to them.

163. Most of the Muslim population of Rakhine State are not entitled to
citizenship under the existing naturalization regulations and most of them
are not even registered as so-called foreign residents, as is the case with
foreigners/stateless persons living in other parts of Myanmar. In this
regard, the Special Rapporteur would like to point out that since Myanmar
is a party to the Convention on the Rights of the Child, Myanmar is
obligated, in accordance with article 7 of the Convention, to afford
nationality to every child born on its territory, in particular where the
child would otherwise be stateless.

164. The Special Rapporteur has been informed that the Government of
Myanmar has agreed to grant returnees over 18 years of age identity
documents called "Temporary identification cards", but these identity
documents would not change the status of the persons concerned. The present
status situation of the Muslim population in Rakhine State does not permit
them to leave their village without authorization from the local SLORC
commander. They are also not allowed to serve in State positions and are
barred from attending higher educational institutions.

III. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions

165. The visit of the Special Rapporteur to the Union of Myanmar at the
invitation of the Government was facilitated by the efforts, cooperation
and courtesy extended to him by the officials of the Government, in
particular General Khin Nyunt, Secretary One of SLORC, and U Ohn Gyaw,
Minister for Foreign Affairs. All if the requests of the Special Rapporteur
to meet with government representatives were met, including with the Chief
Justice, the Attorney-General, the Minister of Information, the Minister
for National Planning and Economic Development, and the Minister for Home
Affairs.

166. The Special Rapporteur wishes to express his appreciation to the
Government for arranging his visits to Kachin State and Shan State, Insein
Prison, Myitkyina Jail and other places and facilities which he had
requested to visit.

167. However, the Special Rapporteur was disappointed that this year,
despite a formal written request before going to Myanmar and despite his
repeated requests while in Myanmar, he was not permitted to see any
prisoner, either in Insein Prison or in Myitkyina Jail. He also regrets
that the meetings with the representatives of political parties were held
at a place and in an atmosphere not conducive to a free and unencumbered
exchange of views.

168. The Special Rapporteur generally observed in Yangon, Myitkyina and
Kyaingtone that there were visible signs of relaxation of tension in the
life of the people. There were many consumer goods in market places where
many shoppers crowded. Physical developments in the construction or
improvement of roads, bridges, buildings and railways are taking place in
different parts of the country and in some border areas. However, just as
last year, he was informed that only a small portion of the population was
enjoying an improved lifestyle and the majority who were poor were
suffering from the high prices of basic necessities such as rice and
medicine.

169. The Special Rapporteur welcomes the expanding cooperation between the
Government of Myanmar and various other United Nations organs and
international humanitarian non-governmental organizations.

170. The Special Rapporteur is pleased to note that the Government of
Myanmar has continued to release persons who have been detained for
political activities, including Daw Aung San Suu Kyi. However, he expresses
his concern that there are still hundreds of such persons detained in
Myanmar.

171. The Special Rapporteur notes problems in the field of the
administration of justice with regard to fair trials, free access to
defence lawyers, prescription of disproportionate penalties and time for
careful examination of the cases by courts.

172. The non-acceptance by Myanmar of the customary procedures of ICRC for
visits to places of detention is a negative step for the amelioration of
conditions of detention in Myanmar. Conditions in Myanmar prisons seen to
fall short of international standards; i.e., the Standard Minimum Rules for
the Treatment of Prisoners; the Basic Principles for the Treatment of
Prisoners and the Body of Principles for the Protection of All Persons
under Any form of Detention or Imprisonment. The Special Rapporteur
believes that suspicion of mistreatment of prisoners will continue as long
as access to public scrutiny is denied.

173. Detailed reports, photographs, video recordings and variety of
physical evidence seen by the Special Rapporteur indicate that the
practices of forced labour, forced portering, torture and arbitrary
killings are still widespread in Myanmar. They seem to be occurring in the
context of development programmes and of counter-insurgency operations in
ethnic minority regions. Many of the victims of such acts belong to ethnic
national populations. IN particular, they are peasants, women, daily
wage-earners and other peaceful civilians who do not have enough money to
avoid mistreatment by bribing.

174. The Special Rapporteur continues to be concerned about the serious
restrictions imposed upon the enjoyment of civil and political rights. The
people do not enjoy the freedoms of opinion, expression, publication and
peaceful assembly and association. They seem to be always fearful that
whatever they or their family members say or do, particularly in the area
of politics, would risk arrest and interrogation by the police or military
intelligence. This is a result of the existence of a complex array of
security laws which provide the Government with sweeping powers of
arbitrary arrest and detention. These laws include the 1950 Emergency
Provisions Act, the 1975 State Protection Law, the 1962 Printers and
Publishers Registration Law, the 1923 Official Secrets Act and the 1908
Unlawful Association ACt. In this connection, more than 15 individuals, who
were exercising their rights to freedom of expression and association, were
arrested in the course of 1995 on a combination of charges under these
laws, including such charges as writing and distributing "illegal leaflets,
spreading false information injurious to the State and contact with illegal
organizations".

175. The persons whose civil and political rights are most severely
restricted are the members of political parties, particularly the NLD
leaders, and delegates to the National Convention, again those from the
NLD. Because of both visible and invisible pressures, they cannot assemble
in a group, cannot have free discussion, and cannot publish or distribute
printed materials. In this situation, it is difficult to assume that open
and free exchanges of views and opinions are taking place in Myanmar in
order to produce a truly multi-party democratic society.

176. Turning to the freedoms of movement and residence in Myanmar,
including the right to leave and re-enter one's own country, the Special
Rapporteur concludes that clear violations of these freedoms are to be
found in Myanmar law and practice. Specifically, severe restrictions are
placed on travel abroad. On the matter of internal deportations and forced
relocations, the Special Rapporteur concludes that government policies
violate the freedoms of movement and residence and, in some cases,
constitute discriminatory practices based on ethnic or religious
affiliations.

177. Government representatives have repeatedly explained to the Special
Rapporteur that the Government is willing to transfer power to a civilian
government, but that, in order to do so, there must be a strong
Constitution and that, in order to have a strong Constitution, they are
doing their best to complete the work of the National Convention. However,
the Special Rapporteur cannot help but continue to feel that, given the
composition of the delegates (only one out of seven delegates was elected
in the 1990 elections), the restrictions imposed upon the delegates
(practically no freedom to assemble, print and distribute leaflets or to
make statements freely), and the general guidelines to be strictly followed
(including the principle regarding the leading role of the Tatmadaw), the
National Convention does not appear to constitute the necessary "steps
towards the restoration of democracy, fully respecting the will of the
people as expressed in the democratic elections held in 1990" (General
Assembly resolution 47/144, para. 4).

178. The Special Rapporteur is paying special attention to the recent
success of the government initiative to invite the armed insurgent groups
to enter into talks with the Government and he notes, in particular, an
initially positive response this year from the Karen National Progressive
Party and the New Mon Socialist Party. He considers that cease-fire
agreements are a helpful basis for lasting peace but that they do not
represent lasting peace. Serious dialogue with ethnic representatives for
permanent reconciliation is essential. He is hopeful that the process will
move forward from a military cease-fire agreement to a political agreement,
which is the only solution to obtain true reconciliation and peace
throughout the country.

179. The Special Rapporteur welcomes the fact that, subsequent to the
signing on 5 NOvember 1993 of the Memorandum of Understanding between the
Union of Myanmar and the Office of the United Nations High Commissioner for
Refugees (UNHCR) to facilitate and guarantee the voluntary and safe return
of Myanmar residents from Bangladesh, and the subsequent opening of a UNHCR
field office in Rakhine State to allow UNHCR international staff to monitor
the repatriation of the refugees, tens of thousands of refugees have been
successfully repatriated.

B. Recommendations

180. The Special Rapporteur regrets that he finds it necessary to repeat
most of the recommendations made in his report to the Commission on Human
rights in 1995. In the light of the foregoing conclusions, the Special
Rapporteur also finds it necessary to make additional recommendations for
the consideration of the Government of Myanmar.

        (a) The Government of Myanmar should fulfil the obligations it has
assumed under Articles 55 and 56 of the charter of the United Nations "to
take joint and separate action in cooperation with the Organization for the
achievement of ... universal respect for, and observance of, human rights
and fundamental freedoms for all without distinction as to race, sex,
language, or religion". In this respect, the Special Rapporteur wishes to
state that the Government of Myanmar is in an ideal position because it
could encourage the delegates of the National Convention to include various
human rights provisions in the new Constitution using, as a reference, the
provisions of the UNiversal Declaration of Human Rights, a copy of which
should be circulated to each delegate in the Burmese language.

        (b) Myanmar law should be brought into line with accepted
international standards regarding the protection of the right to physical
integrity, including the right to life, and prohibition of torture, cruel,
inhuman or degrading treatment. In this regard, the government of Myanmar
should take immediate and unequivocal steps to stop the practices of
torture and other cruel, inhuman or degrading treatment.

        (d) All political leaders, including elected political
representatives, students, workers, peasants and other arrested or detained
under martial law after the 1988 and 1990 demonstrations or as a result of
the National Convention, should be tried by a properly constituted and
independent civilian court in an open and internationally accessible
judicial process in which all defendants could have access to counsel of
their choice. If found guilty in such judicial proceedings, they should be
given a just sentence. Alternatively, they should be immediately released
and the government should undertake to refrain from all acts of
intimidation, threat or reprisal against them or their families and to take
appropriate measures to compensate all those who suffered arbitrary arrest
or detention.

        (e) The Government of Myanmar should repeal or amend, as
appropriate, the relevant provisions which at present prevent the
International Committee of the Red Cross from carrying out its humanitarian
activities with regard to prison visits. In that respect, the Government of
Myanmar is encouraged to invite ICRC to return to Myanmar in order to carry
out its purely humanitarian tasks.

        (f) The Government of Myanmar should take steps to facilitate and
guarantee enjoyment of the freedoms of opinion, expression and association,
in particular by decriminalizing the expression of oppositional views any
by relinquishing government control over the media and literary and
artistic communities. The Government of Myanmar should, therefore, consider
repealing or amending all existing laws restricting freedom of expression,
including the Printers and Publishers Registration Law of 1962, in order to
guarantee to all people in Myanmar, including members of ethnic minorities,
full protection of their right to freedom of opinion and expression, as
established in article 19 of the Universal Declaration of Human Rights.

        (g) The Government of Myanmar should also comply with the
obligations under International Labour Organization Convention No.87,
permitting the formation of independently organized trade unions. The
government of Myanmar should also take all necessary measures to guarantee
and ensure that all political parties may freely exercise their activities
without restrictions. To this end, all restrictions on freedom of movement,
association and assembly, including the 1908 Unlawful Association Act,
should be removed.

        (h) The Government of Myanmar should remove all restrictions
relating to the entry and exit of citizens into and out of the country, as
well as their movement within the country.

        (i) The Government of Myanmar should cease all discriminatory
policies which interfere with the free and equal enjoyment of property, and
compensate appropriately those whose property has been arbitrarily or
unjustly destroyed.

        (j) The Government of Myanmar should comply with obligations under
the International Labour Organization Convention NO.29, prohibiting the
practice of forced portering and forced labour. In this connection, the
Government of Myanmar should urgently take the appropriate measures to
repeal the offensive legal provisions under the Village Act and the Towns
Act to prevent the continuation of the practice of forced labour. The
Government of Myanmar should also publicize and rigorously implement the
"Secret Directives" which discourage the practice of forced labour without
payment.

        (k) The Government of Myanmar should take all necessary measures to
accelerate the process of transition to democracy and to include in that
process the representatives duly elected in 1990 who are excluded from
participating in the meetings of the National Convention. In this regard,
the Government of Myanmar should without delay begin a process of genuine
and substantive dialogue with the leaders of the National League for
Democracy and with other political leaders, including representatives from
ethnic groups.

        (l) The Government of Myanmar is encouraged to continue its
cooperation with UNHCR in facilitating and ensuring the voluntary and safe
return of Rakhine Muslims from Bangladesh.

        (m) The Government of Myanmar should consider the revision of the
1982 Citizenship Law to abolish its burdensome requirements for
citizenship. The law should not apply its categories of second-class
citizenship, which have discriminatory effects on racial or ethnic
minorities, particularly the Rakhine Muslim population. It should be
brought into line with the principles embodied in the Convention on the
Reduction of Statelessness of 30 August 1961.

        (n) The Government of Myanmar should take the necessary steps to
bring the acts of soldiers, both private soldiers and officers, into line
with accepted international human rights and humanitarian standards so that
they will not commit arbitrary killings, rape, or confiscations of
property, or force persons into labour, portering, relocation or otherwise
treat persons without respect to their dignity as human beings. When the
hiring of the labour of local villagers for portering and other works is
required for governmental purposes, it should be obtained on a voluntary
basis and adequate wages should be paid. The nature of the work should be
reasonable and in accordance with established international labour
standards. When relocation of villages is considered necessary for military
operations or for development projects, proper consultation with the
villagers should take place and appropriate compensation should be paid for
those relocations which may be determined necessary for reasons of the
public good.

        (o) Military and law enforcement personnel, including prison
guards, should be thoroughly informed and trained as to their
responsibilities in full accordance with the standards set out in
international human rights instruments and humanitarian law. Such standards
should be incorporated in Myanmar law and legislation, including the new
constitution to be drafted.

        (p) Given the magnitude of the abuses, official condemnation should
be made by the Government of all acts by authorities involving human rights
violations. Such acts, including all acts of intimidation, threat or
reprisal, should not benefit for the present system of almost complete
denial by, and impunity under, the Government.

        (q) The Government of Myanmar is also encouraged to continue its
cooperation with various United Nations organs and international
humanitarian non-governmental organizations in facilitating and ensuring
the free access of their international staff to ordinary persons in the
townships and villages - to establish contacts and provide assistance to
persons who suffer from a shortage of lack of food, safe water, medicine,
medical care and proper education.

        (r) In the light of all of the above, the Special Rapporteur
recommends that the Commission on Human Rights request the High
Commissioner for Human Rights to consider placing a team of human rights
field officers in such locations as would facilitate improved information
flow and assessment and would help in the independent verification of
reports on the situation of human rights in Myanmar. The implementation of
this mechanism, for which the Commission on Human Rights should request the
necessary additional resources, would help the Special Rapporteur to assess
better the continuing situation of human rights in Myanmar and contribute
constructive criticisms and comments.

ANNEX I
-------
E/CN.4/1996/65 page 40.

EXTRACT FROM THE PRISON ACT, 1894 (SECTION 40, 784)

"Time for interview
-------------------
1. The Superintendent shall fix the days and hours at which all interviews
shall be allowed, and no interviews shall be allowed at any other time,
except with the special permission of the Superintendent. A notice of the
hours during which prisoners may be interviewed shall be posted outside the
jail.

Place of interview
------------------
2. Every interview shall take place in a special part of the jail appointed
for the purpose, if possible at, or near, the main gate. Provided that
interviews with female prisoners shall, if practicable, take place in the
female enclosure. Provided also that, if a prisoner is seriously ill, the
Superintendent may permit the interview to take place in the hospital, and
a condemned prisoner shall ordinarily be interviewed in his cell. Provided
further that the Superintendent may, for special reasons, to be recorded in
writing, permit an interview to take place in any part of the jail.

Interview to take place in the presence of a jail officer
---------------------------------------------------------
3. Every interview with a convicted prisoner shall take place in the
presence of a jail officer, who shall be responsible that no irregularity
occurs and who shall be so placed as to be able to see and hear what passes
and to prevent any article being passed between the parties. No politics
should be allowed to be brought out at the interview.

Termination of interview
------------------------
4. Any interview may be terminated at any moment if the officer present
considers that sufficient cause exists. In every such case the reason for
terminating the interview shall be reported at once for the orders of the
senior officer present in the jail.

Duration of interview
---------------------
5. The time allowed for an interview shall not ordinarily exceed 20 minutes
but may be extended by the Superintendent at his discretion.

Search before, and after, interview
-----------------------------------
6. Every convicted prisoner, and every unconvicted criminal prisoner, shall
be carefully searched before and after an interview."

ANNEX II
--------
E/CN.4/1996/65 page 41

DIRECTIVE NO.125 PROHIBITING UNPAID LABOUR CONTRIBUTION
IN NATIONAL DEVELOPMENT PROJECTS (Unofficial translation)

Secret
------
Union of Myanmar
The State Law and Order Restoration Council
Office of the Chairman
No. 125/Na Wa Ta (00)/Nyaka -2
Dated: 2 June 1995

To.
State/Division Law and Order Restoration Councils

Subject: Prohibiting Unpaid Labour Contributions in National
         Development Projects

1.      It has been learnt that in obtaining labour from the local populace
in carrying out national development projects, such as construction of
roads, bridges and railways as well as building of dams and embankments,
the practice is that they have to contribute labour without compensation.

2.      In fact, these projects have been carried out with a view to
furthering the welfare of the local people. As such, it is imperative that
in obtaining the necessary labour from the local people, they must be paid
their due share.

3.      Causing misery and suffering toe the people in rural areas due to
the co-called forced and unpaid labour is very much uncalled for. The
sufferings of the people may in turn create misperception, misunderstanding
and misjudgment of the Government and the Tatmadaw (Armed Forces).

4.       Therefore, it is hereby instructed that the authorities concerned
at different levels make proper supervisions so as to avoid undesirable
incidents.

Sd/-
Lt.Col. Pyay Nyein
(for the Secretary)

Copy to: Ministry of Agriculture
         MInistry of Railways
         Ministry of Construction

ANNEX III
---------
E/CN.4/1996/65 page 42

DIRECTIVE NO. 82 TO STOP OBTAINING LABOUR WITHOUT COMPENSATION
FROM LOCAL PEOPLE IN IRRIGATION PROJECTS

Urgent
------
Unofficial Translation

Secret
------
Union of Myanmar
The State Law and Order Restoration Council
Office of the Chairman
No. 82/NaWaTa (Oo)/Ta Wa
Dated: 27 April 1995

To:
Minister
Ministry of Agriculture

Chairman
Yangon Division Law and Order Restoration Council

Commander
No. (11) Light Infantry Division Headquarters

Subject: To stop obtaining labour without compensation from the local
         people in irrigation projects

1.      It has been learnt that some of the local people are very concerned
over the assignment of each and every family in the task of digging a
certain number of pits for making ditches and trenches in the overall
construction of dams in Yangon division.

2.      It is hereby instructed to hire paid labourers to carry out these
projects and to stop the practice of obtaining labour from the local people
without monetary compensation.

3.      In so doing, the Ministry of Agriculture is to bear the resulting
expenditure.

Sd/-
Lt.Col. Phay Nyein
(for the Secretary)
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COMMISSION ON HUMAN RIGHTS REPORT: E/CN.4/1996/65,
PARA 145-180. (INCLUDING ANNEX- I, II & III.)
-------------------------------------------------------------------