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THE TEXTS OF 1996 UNGA RESOLUTION 5



Subject: THE TEXTS OF 1996 UNGA RESOLUTION 51/117.

/* Written 21 Dec 6:00am 1996 by drunoo@xxxxxxxxxxxx in igc:reg.burma */
/* ------------" The texts of 1996 UNGA Resolutions "--------------- */

(Draft Resolution adopted on 12th December 1996, the resolution 51/117.
Gone are the paragraphs in 1995 resolution which praise SLORC's efforts, 
reflecting somewhat of the General Assembly's anger about SLORC's action 
over the year. The paragraphs, which found to be newly introduced in this 
year or being slightly different from the resolution of 1995, are marked by
asterisk. -- U Ne Oo.)
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DRAFT RESOLUTION XII
Situation of human rights in Myanmar

The General Assembly,

Reaffirming that all Member States have an obligation to promote and
protect human rights and fundamental freedoms as stated in the Charter
of the United Nations and elaborated in the Universal Declaration of Human
Rights, [103] the International Covenants on Human Rights [104] and other
applicable human rights instruments,

Aware that, in accordance with the Charter, the Organization promotes and
encourages respect for human rights and fundamental freedoms for all and
that the Universal Declaration of Human Rights states that "the will of
the people shall be the basis of the authority of government",

Recalling its resolution 50/194 of 22 December 1995,

Recalling also Commission on Human Rights resolution 1992/58 of 3 March
1992, [105] in which the Commission, inter alia, decided to nominate a
special rapporteur to establish direct contacts with the Government and
with the people of Myanmar, including political leaders deprived of their
liberty, their families and their lawyers, with a view to examining the
situation of human rights in Myanmar and following any progress made
towards the transfer of power to a civilian Government and the drafting of
a new constitution, the lifting of restrictions on personal freedoms and
the restoration of human rights in Myanmar,

Recalling further Commission on Human Rights resolution 1996/80 of 23 April
1996, [106] in which the Commission decided to extend for one year the
mandate of the Special Rapporteur,

*Noting with concern that the Government of Myanmar has not yet agreed to
visits by a representative of the Secretary-General and by the Special
Rapporteur,

Gravely concerned that the Government of Myanmar still has not implemented
its commitments to take all necessary steps towards democracy in the light
of the results of the elections held in 1990,

Recalling the release without conditions of Nobel Peace Prize Laureate Aung
San Suu Kyi on 10 July 1995,

*Gravely concerned at the travel and other restrictions placed on Aung San
Suu Kyi and other political leaders and at the recent mass arrests of
members and supporters of the National League for Democracy for peacefully
exercising their right to freedom of expression, assembly and association,
and alarmed by the attack, on 9 November 1996, on Aung San Suu Kyi and
other members of the National League for Democracy,

*Recalling the withdrawal and subsequent exclusion from the National
Convention of members of the National League for Democracy in late 1995,

*Regretting the failure of the Government of Myanmar to open a political
dialogue with Aung San Suu Kyi and other political leaders, including
representatives of ethnic groups,

*Gravely concerned at the continued violations of human rights in Myanmar,
as reported by the Special Rapporteur, including extrajudicial, summary or
arbitrary executions, killings of civilians, torture, arbitrary arrest and
detention, death in custody, absence of due process of law, severe
restrictions on freedoms of opinion, expression, assembly and association,
violations of freedom of movement, forced relocation, forced labour and
portering and the imposition of oppressive measures directed in particular
at ethnic and religious minorities,

*Recalling the observation made by the Special Rapporteur, that the absence
of respect for the rights pertaining to democratic governance is at the
root of all the major violations of human rights in Myanmar,

*Recalling also the conclusion of ceasefire agreements between the
Government of Myanmar and several ethnic groups,

Noting that the human rights situation in Myanmar has resulted in flows of
refugees to neighbouring countries, thus creating problems for the
countries concerned,

*    1.   Expresses its appreciation to the Special Rapporteur of the
Commission on Human Rights for his interim report on the situation of human
rights in Myanmar, [107] and urges the Government of Myanmar to cooperate
fully with the Special Rapporteur,

     2.   Also expresses its appreciation to the Secretary-General for his
report; [108]

     3.   Deplores the continued violations of human rights in Myanmar;

*    4. Requests the Government of Myanmar to permit unrestricted
communication with the physical access to Nobel Peace Prize Laureate Aung
San Suu Kyi and other political leaders by members and supporters of the
National League for Democracy and to protect their physical well-being;

     5. Strongly urges the Government of Myanmar to release immediately and
unconditionally detained political leaders and all political prisoners, to
ensure their physical integrity and to permit them to participate in the
process of national reconciliation;

     6. Urges the Government of Myanmar to engage, at the earliest possible
date, in a substantive political dialogue with Aung San Suu Kyi and other
political leaders, including representatives from ethnic groups, as the
best means of promoting national reconciliation and the full and early
restoration of democracy;

*    7.  Welcomes the discussions between the Government of Myanmar and the
Secretary-General, and further encourages the Government of Myanmar to
allow a visit by the Representative of the Secretary-General, as soon as
possible, in order to allow for a broader dialogue in Myanmar;

*    8.   Again urges the Government of Myanmar, in conformity with its
assurances given at various times, to take all necessary steps towards the
restoration of democracy in accordance with the will of the people as
expressed in the democratic elections held in 1990 and to ensure that
political parties and non-governmental organizations can function freely;

     9.   Expresses its concern that most of the representatives duly
elected in 1990 are still excluded from participating in the meetings of
the National Convention, created to prepare basic elements for the drafting
of a new constitution, and that one of its objectives is to maintain the
participation of the armed forces in a leading role in the future political
life of the State, and notes also with concern that the working procedures
of the National Convention do not permit the elected representatives of
the people freely to express their views;

     10.   Strongly urges the Government of Myanmar to take all appropriate
measures to allow all citizens to participate freely in the political
process, in accordance with the principles of the Universal Declaration of
Human Rights, and to accelerate the process of transition to democracy, in
particular through the transfer of power to democratically elected
representatives;

     11.  Also strongly urges the Government of Myanmar to ensure full
respect for human rights and fundamental freedoms, including freedom of
expression and assembly, and the protection of the rights of persons
belonging to ethnic and religious minorities, and to put an end to
violations of the right to life and integrity of the human being, to the
practices of torture, abuse of women, forced labour and forced relocations,
and to enforced disappearances and summary executions;

     12.  Appeals to the Government of Myanmar to consider becoming a party
to the International Covenant on Civil and Political Rights [104] and the
International Covenant on Economic, Social and Cultural Rights [104] and to
the Convention against Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment; [109]

*    13.  Strongly urges the Government of Myanmar to fulfil its
obligations as a State party to the Forced Labour Convention, 1930 (No. 29)
and to the Freedom of Association and Protection of the Right to Organize
Convention, 1948 (No. 87) of the International Labour Organization, and
encourages the Government of Myanmar to cooperate more closely with the
International Labour Organization;

     14.  Stresses the importance for the Government of Myanmar to give
particular attention to conditions in the country's jails and to allow the
International Committee of the Red Cross to communicate freely and
confidentially with prisoners;

*    15.  Calls upon the Government of Myanmar and ohter parties to the
hostilities in Myanmar to respect fully the obligations under international
humanitarian law, including article 3 common to the Geneva Conventions of
12 August 1949,[110] to holt the use of weapons aganist the civilian
population and to protect all civilians, including children, women and
persons belonging to ethnic or religious minorities, from violations of
humanitarian law, and to avail itself of such services as may be offered by
impartial humanitarian bodies;

     16.  Encourages the Government of Myanmar to create the necessary
conditions to ensure an end to the movements of refugees to neighbouring
countries and to create conditions conducive to their voluntary return and
their full reintegration, in conditions of safety and dignity;

     17.  Requests the Secretary-General to continue his discussions with
the Government of Myanmar in order to assist in the implementation of the
present resolution and in its efforts to achieve national reconciliation
and to report to the General Assembly at its fifty-second session and to
the Commission on Human Rights at its fifty-third session;

     18.  Decides to continue its consideration of this question at its
fifty-second session.

Footnotes
---------
[103] Resolution 217 A (III).

[104] Resolution 2200 A (XXI), annex.

[105] See Official Records of the Economic and Social Council, 1992,
Supplement No. 2 (E/1992/22), chap. II, sect. A.

[106] See E/1996/L.18, to be issued in final form in Official Records of
the Economic and Social Council, 1996, Supplement No. 3 (E/1996/23).

[107] A/51/466

[108] A/51/660

[109] Resolution 39/46, annex.

[110] United Nations, Treaty Series, vol. 75, Nos. 970-973

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