SPECIAL RAP. ON MYANMAR: PART 2

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       1997 REPORT OF THE SPECIAL RAPPORTEUR ON MYANMAR 
               TO THE COMMISSION ON HUMAN RIGHTS.
                                
           Posted in 3 parts for easier downloading.
                                
                            Part 2 
                                
                           ..........
 
 
         II. THE EXERCISE OF CIVIL AND POLITICAL RIGHTS 
 
A. The impact of Myanmar law on human rights
 
In his last report to the General Assembly (A/51/466, sects.
III and IV), the Special Rapporteur analysed the question of
the legitimacy of the assumption and continued retention of
martial law powers after the elections of 1990, its break with
constitutionality and legal continuity, its non-conformity
with international norms and the adverse impact of Myanmar law
on the respect and protection of human rights. In this regard,
the Special Rapporteur mentioned the most commonly employed
laws banning the enjoyment of civil and political rights and
suppressing dissent against the State Law and Order
Restoration Council (SLORC). He came to the conclusion that
various laws, by themselves, criminalize or adversely affect
freedom of thought, information, expression, association and
assembly through fear of arrest, imprisonment and other
sanctions. In addition, where they do not criminalize them,
executive acts or orders greatly restrict those rights.
 
The Special Rapporteur notes that these laws and orders aimed
at the restriction of civil and political rights continue to
be invoked to arrest Myanmar citizens. Moreover, new laws have
been enacted in order to provide the authorities other legal
bases to suppress the rights of freedom of expression.
Therefore, the Special Rapporteur was not surprised to receive
information that people continued to be arrested and detained
for the peaceful exercise of fundamental human rights.
 
For example, on 15 August 1996 National League for Democracy
(NLD) member Dr. Hlaing Myint, together with NLD member Kyaw
Khin and student Maung Maung Wan, were sentenced to a total of
10 years' imprisonment (7 years under section 5(j) of the
Emergency Provisions Act and 3 additional years under the 1985
TV and Video Act).
 
Order 2/88, which prohibits public gatherings of more than
five persons, has also been invoked in several arrests lately,
including the arrest of people attending Daw Aung San Suu
Kyi's weekend speeches delivered at the gate to her home.
 
Law No. 5/96 of 7 June 1996, entitled "Protecting the Stable,
Peaceful and Systematic Transfer of State Responsibility and
the Successful Implementation of National Convention Free from
Disruption and Opposition", prohibits, inter alia, the
preparation or dissemination of speeches or statements 
that undermine the stability of the State or are critical of
the SLORC, and prescribes up to 20 years' imprisonment for
persons violating the law, while organizations taking part in
such activities can be banned and have their funds and
property confiscated.
 
According to a statement by Lt.Gen. Khin Nyunt at a press
conference on 31 December 1996, Nyein Si (also called Nyein
Myint) was arrested on 7 December 1996 in a tea shop on 24th
Street in Yangon.
 
He had in his possession pamphlets and documents allegedly
proving his and other youths' involvement with the banned
Burma Communist Party. They were also said to have conspired
in the student demonstrations. The statement referred to a
total of 34 youths, among them Toe Toe Htun, who had allegedly
been involved in underground activities, who were apprehended
in December following student demonstrations. Law No. 5/96 was
invoked in these cases. 
 
The Television and Video Act of 31 July 1996 requires that: 
 
(a) Foreign diplomatic missions and United Nations agencies
obtain permits to show imported videos at "public
exhibitions". Government video censorship boards will have the
right to ban, censor or restrict the audience for such
showings; 
 
(b) Private video operators obtain licences from "video
business supervisory committees" which will be formed in All
States and Divisions composing the Union of Myanmar; 
 
(c) All videos, both imported and locally produced, be
approved by the video censorship board. 
 
Violations of these provisions are liable to punishments of up
to three years' imprisonment and/or fines of up to 100,000
kyats. The law also forbids private TV transmitters that are
not authorized by the Government, with five-year prison terms
for any offenders. 
 
The Computer Science Development Law of 27 September 1996
makes the unauthorized import, possession and use of certain
types of computer equipment, for example computers with
networking capability, punishable with sentences of 7 to 15
years in prison and/or a fine. A "Myanmar Computer Science
Council" will be established to approve the type of equipment
to be restricted. According to the Government-controlled
newspaper "New Light of Myanmar" (NLM), the punishment is
prescribed for anyone setting up links with a computer network
without prior permission or who uses computer networks or
information technology for undermining State security, law
and order, national unity, the national economy or national
culture or who obtains or transmits State secrets. Members of
unauthorized computer clubs may, according to reports, be
sentenced to prison terms of a minimum of three years. A
punishment of 5 to 10 years' imprisonment is prescribed 
for anyone who imports or exports computer software or
information banned by the Myanmar Computer Science Council.
 
The Special Rapporteur regards these laws as continuing
attempts to restrict freedom of opinion and expression in
Myanmar, already seriously hampered by a number of other laws
in force which the authorities have used to arbitrarily
suppress the expression of any opposition opinion or any
undesired discussion of certain issues.
 
 
B. Extrajudicial, summary or arbitrary executions
 
The Special Rapporteur welcomed the Government's decision to
commute death sentences passed between 18 September 1988 and
31 December 1992 to life sentences. Although the Special
Rapporteur notes that there presently does not appear to exist
an explicit or systematic government policy of encouraging
summary executions, he is greatly concerned by the frequent
allegations of arbitrary killings of civilians and insurgents
by members of the Tatmadaw under a variety of circumstances,
in violation of the right to life contained in article 3 of
the Universal Declaration of Human Rights. The right to life
is considered to have the character of jus cogens, that is
binding on All States under All circumstances without any
exception. The following allegations exemplify the reports
received by the Special Rapporteur: 
 
(a) On 7 December 1996, the owner of the Sein Ba Bu laundry in
Railway Station street in Yangon was reportedly arrested and
beaten to death by riot police in connection with the breaking
up of student demonstrations; 
 
(b) According to reports, Bawi Kung was killed by Light
Infantry Battalion (LIB) No. 266 on 9 October 1996 when
entering Ngalang village in Than Tlang township to stay the
night. The two friends accompanying him attempted to flee, but
one of them, Pa Lian, was arrested. After the killing, the
army imposed a curfew until the next afternoon, and tortured
village elders who could not provide them with the names of
Chin National Front leaders; 
 
(c) In January 1996 two men in Kong Kauk village in Shan State
were allegedly arrested for suspicion of possession of
firearms. They were reportedly taken to an army camp where
they were beaten and the eye of one of them was gouged out.
Both men were then allegedly killed;  
 
(d) On 26 September 1996, the commander of column 2 of LIB
540, Soe Myint, reportedly shot and killed two villagers who
were panning gold at Htee Nga Peh Loh. The soldiers are said
to have wanted the gold for themselves. 
 
 
C. Torture and cruel, inhuman or degrading treatment or
punishment
 
Article 5 of the Universal Declaration of Human Rights as well
as the Declaration on the Protection of All Persons from Being
Subjected to Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment stipulate a complete prohibition of
torture, a prohibition which is, in addition, considered to
constitute international customary law of a jus cogens
character, binding on All States under All circumstances.
Torture is defined in the latter Declaration as "any act by
which severe pain or suffering, whether physical or mental, is
intentionally inflicted by or at the instigation of a public
official on a person for such purposes as obtaining from him
or a third person information or confession, punishing him for
an act he has committed or is suspected of having committed,
or intimidating him or other persons".
 
Among the reports received by the Special Rapporteur alleging
torture by agents of the Government of Myanmar are the
following:
 
(a) On 12 December 1995, Capt. Kyaw Myint of Infantry
Battalion (IB) No.104 from Kyaukadin, Tenasserim Division,
reportedly brought about 20 villagers, including some women,
to Kyaukadin where they were allegedly detained and tortured
for 15 days. The torture included standing in hot sunshine at
mid-day, beating and having water poured over their heads. The
villagers were reportedly accused only of being relatives of
Karen guerillas; 
 
(b) On 8 October 1996, members of Army Battalion 256
reportedly entered Ban Ai Long village, near the Thai border,
and detained male villagers apparently in order to interrogate
them about the presence of Shan insurgents in the village. The
following day the troops reportedly beat 10 of the men with
their fists, as a result of which one young villager fell
unconscious; 
 
(c) Two Akha girls (aged 15 and 16 years) were reportedly
taken away by army troops and continuously raped for six days.
According to the reports, both were severely traumatized and
eventually died; 
 
(d) A 25-year-old Akha man was reportedly kicked to death by
SLORC soldiers since he was unable to carry his load of
mortars because he was suffering from malaria. 
 
 
Prison conditions
 
SLORC continues to refuse to change its stance on allowing the
International Committee of the Red Cross (ICRC) to visit
prisoners despite the fact that such visits are based on
international humanitarian law and the 1949 Geneva Conventions
to which Myanmar became a party in 1992.
 
The Special Rapporteur continues to receive reports of
deplorable sanitary conditions in Myanmar prisons, where
ill-treatment is allegedly common: 
 
(a) From mid-November 1995 to early January 1996 U Win Tin,
66, who has suffered from poor health for several years and is
dependent on his family for medicine and meat, was, together
with a group of other prisoners, placed in military dog cells,
made to sleep on concrete floors and not allowed visits from
his family. In March 1996, at least five years were reportedly
again added to his sentence for his part in trying to inform
the Special Rapporteur of the harsh prison conditions; 
 
(b) In June 1996 a Muslim student detained in Thayet jail,
Magway Division, was allegedly beaten to death by military
intelligence agents. When his body was given to the Muslims
from Thayet town it reportedly was bruised all over and had a
crushed skull. 
 
Prisoners are reportedly not given sufficient food and health
care, unless they can pay bribes to prison authorities. U Myo
Aung, a Muslim activist serving a 10-year sentence in
Thayawaddy jail in Pegu Division, who is reportedly constantly
ill-treated and is suffering from dysentery, malaria,
gastritis, malnutrition and other complications, was allegedly
denied treatment in a proper hospital unless he could pay
bribes to the jail doctor.
 
Other prisoners with poor health serving long sentences
include MaThida,29-year-old writer and surgeon who had been
serving a 20-year prison sentence under various censorship
laws since October 1993; Dr. Khin Zaw Win, serving a 15-year
sentence on similar charges; and U Nay Min, a 47-year-old
lawyer serving a 14-year sentence with hard labour for
allegedly sending "false news" in interviews with the BBC.
 
It was learned that NLD MP Hla Than died in prison on 2 August
1996. According to reports he had asked to be allowed to die
at home, but the military authorities had denied the request
unless he resigned from the NLD, which he refused to do. 
 
 
D. Due process of law
 
U Pa Pa Lay and U Lu Zaw, both comedians, and U Aung Soe and U
Htwe were reportedly sentenced to seven years' imprisonment on
18 March 1996. U Pa PaLay and U Lu Zaw were charged under
section 5(c) of the 1950 Emergency Provisions Act with
spreading false news, since they had allegedly made jokes
about the military Government in a performance on independence
day. It is not known what U Aung Soe and U Htwe were charged
with. None of these persons was reportedly allowed legal
representation at the trial. 
 
On 28 March 1996, U Win Tin (66 years of age) and 20 others
were sentenced under section 5(e) of the Emergency Provisions
Act and under the Penal Code for misappropriation of State
property without being allowed any legal representation at the
trial, which was held in prison. 
 
On 15 August 1996, U Win Tin, U Po Aye, Maung Thein Lin, U Kan
Shein andUHla Tun Aung were reportedly sentenced to seven
years' imprisonment at Insein Township Court under section
5(j) of the Emergency Provisions Act. U Win Tin was charged
with sending out some present and former NLD members to
collect information on agricultural development in various
parts ofthe country; the others were charged for their parts
in collecting this information and for sending "false data".
The NLD lawyer defending the fivemen was not allowed to
cross-examine all witnesses during the trial, and he was not
allowed to meet with U Win Tin privately. U Win Tin was
reportedly sentenced to an additional seven years'
imprisonment on 26 August under section 5(e) of the Emergency
Provisions Act for having served as a translator for Tin
Hlaing at an interview with a foreign journalist. 
 
 
E. Rights pertaining to democratic governance
 
The freedoms of thought, expression, association and assembly
are guaranteed, respectively, by articles 18, 19 and 20 of the
Universal Declaration of Human Rights. These freedoms are so
closely related that restrictions on one of these freedoms
almost always has an impact on the others. This is especially
so in relation to democratic governance as the will of the
people is to be the basis of authority of government according
to article 21 of the Universal Declaration of Human Rights. In
Myanmar, the relationship is clear in so far as it would
appear that the Government will not permit any thought,
expression, association or assembly that conflicts with the
policy of the SLORC.
 
The clearest evidence of violation of the freedom of
expression continues to be found in Myanmar laws, such as Law
No. 5/96 of 7 June 1996 referred to above. In application of
this law, the following examples have been reported to the
Special Rapporteur:
 
(a) The January 1996 issue of the magazine "Thint Bawa"
reportedly had 50 pages torn out by censors since they
celebrated the 75th jubilee of the founding of Yangon
University. The March issue of the same magazine, intended to
celebrate the 160th anniversary of the establishment of the
first newspaper in Myanmar, was also severely censored; 
 
(b) On 30 June 1996 Daw Aye Aye Win was reportedly arrested at
her home in Tharketa after police officers had searched her
house and confiscated 40 cassette recordings of speeches given
by Daw Aung San Suu Kyi together with some NLD papers; 
 
(c) On 28 September small groups of students and others,
shouting "Long live Daw Aung San Suu Kyi", marched towards a
meeting point at Shwedagon Pagoda, the roads leading to which
were blocked by security forces, soldiers and police. One of
the groups was reportedly arrested by security forces on
Shwedagon Pagoda Road, and another group marching from the
Shwedagon side was allegedly beaten, arrested and taken to
Insein jail by army and security forces. 
 
Another law which has perhaps been most frequently invoked to
suppress freedom of expression and opinion is the 1950
Emergency Provisions Act which allows the imprisonment for up
to seven years of any person who either "infringes upon the
integrity, health, conduct and respect of State
military organizations and government employees", spreads
false news about the government" or "disrupts the
morality and behaviour of a group of people".
 
(a) On 26 August 1996 Tin Hlaing was reportedly sentenced to
seven years' imprisonment under section 5(e) of the Emergency
Provisions Act for spreading false news. According to the 27
August issue of NLM he had been instructed by U Win Tin to
meet foreign journalists on 9 April 1996, to whom he had
allegedly given information about torture of political
prisoners, which the NLM characterized as "concocted news". 
 
(b) On 23 September Yangon radio announced the arrest of nine
youths charged with "inciting the people and spreading false
news and fabricated leaflets with the intention to upset the
stability of the State and community peace and tranquillity".
The youths are Kyin Thein, Thant Zin and Ngwe Soe from
Sangyuang township, and Nyan Win, Hla Hla Win, Kyaw Aye, Tun
Aye, MyoHtut Aung and Tun Naing. They were sentenced to 13
years' imprisonment on 21 October. Further details on the
trials are not known. 
 
In his previous report to the General Assembly, the Special
Rapporteur noted that in Myanmar violations of the freedom of
association take two principal forms: restrictions on
associations of a political nature, and the right to form and
join independent trade unions.
 
As far as associations of a political nature are concerned, a
number of the political parties that won seats in the 1990
elections have been banned, and the functioning of the few
that remain has become increasingly difficult. The repressive
climate in Myanmar since 1990 has made it virtually impossible
for opposition parties to function and they have been severely
hampered through constant harassment and arrests.
 
Since November 1995, when the NLD leaders withdrew from the
National Convention, there has been an increasing number of
arrests of the party members by the SLORC:
 
(a) Between 7 and 13 December, 28 NLD members were reportedly
arrested, among them 13 NLD youths and one NLD politician. A
total of more than 60 NLD members were arrested during the
month of December; 
 
(b) On 23 October 1996 the Deputy Chairman of NLD, U Kyi
Maung, 75 years old, was arrested in Yangon accused of helping
to organize a protest by some 500 students against police
brutality which began on 21 and 22 October.
 
According to a senior SLORC officer he was detained for
questioning for having met with two students from Yangon
Institute of Technology, Ye Thiha Thwin and Nyi Nyi Myo, at
Daw Aung San Suu Kyi's house. U Kyi Maung was released only on
28 October; 
 
(c) On 29 September six students taking part in the
preparations for the 7th Students' Sports Festival in Tavoy
were reportedly arrested by soldiers from LIB 19 after having
taken a picture of a damaged Union Solidarity and Development
Association (USDA) signboard in front of the local SLORC
office, charged with illegal possession of a camera, suspicion
of stealing firearms and attempted agitation for unrest; 
 
(d) On 14 September 1996 NLD members Aung Myint Oo and Khin
Aung were reportedly arrested, for an unknown reason, in
Yangon by military intelligence officers; 
 
(e) In September 1996 the wife and son of NLD MP Hla Than, who
died in prison on 2 August 1996, were reportedly arrested
without any reason being given; 
 
(f) On 8 August 1996 Ye Htum and four other students were
arrested after visiting Daw Aung San Suu Kyi's house. 
 
If not arrested, NLD leaders and members are subjected to
intense and systematic harassment. Several reports received by
the Special Rapporteur continue to indicate that they are
constantly intimidated and their freedom of movement and
expression are repeatedly restricted.
 
The Special Rapporteur notes that since her release from house
arrest, Daw Aung San Suu Kyi and her colleagues were allowed
to make regular weekly appearances at her home in Yangon and
to speak to Myanmar citizens who gather there every weekend.
However, since the end of September 1996, barricades and
police and security forces have been introduced to prevent
people from gathering outside her compound to attend weekend
speeches or any possible NLDcongress. Recently, it has been
reported that the military intelligence has started to arrest
people attending Daw Aung San Suu Kyi's weekend speeches
delivered at her gate, charging the NLD with violations of
Order 2/88 which prohibits public gatherings of more than five
persons. This Order has not been consistently applied, and
the SLORC has now extended the number of persons allowed to
gather on Daw Aung San Suu Kyi's compound to 10 persons.
 
The Government stated on 28 September that it was compelled to
prevent the congress from being held in order to preserve
stability and because the necessary legal permission had not
been obtained by the NLD: 
 
"The State Law and Order Restoration Council banned the 'All
Burma Congress' which was to have been held by the National
League for Democracy from 27 to 29 September 1996. To hold
such a ceremony with a gathering of people or to use a public
address system in the township, permission has to be sought
from the respective Township Administrative Authorities 
and Police Force in accordance with procedures. Respective
Township Administrative Authorities have issued since August
1989 directives, including procedures to be followed by the
political parties when they hold meetings and ceremonies. 
 
Legal action can be taken against those who undertake such
procedures if they do not adhere to the directives." 
 
According to a SLORC statement on 28 September, the Ministry
of Home Affairs and security officials "intimated [to] persons
involved with the NLD on 2 and 4 June 1996 that roadside talks
of Daw Suu Kyi, U Tin Oo and U Kyi Maung on University Avenue
on weekends must no longer continue". The roadside talks and
news circulated among representatives of foreign media and
external organizations were, according to SLORC, "meant to
cause disruption of stability and peace and rule of law and
collapse of economic order". The NLD congress was thus
a "political movement intended to incite riots and upheaval in
the entire country".
 
On the night between 11 and 12 October, University Avenue, the
street where Daw Aung San Suu Kyi resides, was again closed to
traffic and pedestrians by traffic police and Lon Htein (riot
police) troops. 
 
On 16 October the barricades were removed but the street
remained forbidden for everyone. The registration plates of
cars allowed to enter neighbouring streets were reportedly
recorded by the police and a nearby gas station and a grocery
shop were shut down by the police. On 12 October the Public
Relations and Information Division of the Ministry for Foreign
Affairs issued a statement explaining the measures undertaken
by saying that Daw Aung San Suu Kyi had said on 8 October that
the NLD congress and roadside talks would be held and NLD
members had been asked to gather at Daw Aung San Suu Kyi's
residence at 8.30a.m. on 12 October:
 
"In order to avoid the undesirable consequences arising out of
such a gathering including outbreak of confrontation and
riots, disturbance of existing peace and stability in the
nation, unruly actions and incitement in the street affecting
the daily life of the ordinary people, the authorities have
decided as a preventive measure the temporary closure to both
traffic and pedestrians of the University Avenue from Kokang
Road junction to the Inya Myaing Road starting from the
morning of 12 October." 
 
Also in October some gatherings of people were broken up by
the police.
 
On 12 October there were reportedly four clashes between
security forces and people approaching Daw Aung San Suu Kyi's
house. In the first incident security forces allegedly chased
and attacked a crowd at Kokkine intersection, whereafter the
crowd dispersed. Later people assembled again, and the
security forces lifted the barricades to let people pass, and
then reinstated the barricades, trapping people inside and
attacking them. On the same day there were clashes between
crowds and security forces also in the Campbell and Hamidtit
areas. SLORC reported 25 arrests, but all persons arrested
were said to have been released later. After the clashes
there was a heavy security presence in the areas.
 
On 1 November 1996 the authorities suggested that larger
public meetings may be held within Daw Aung San Suu Kyi's
compound, but that not more than 10 persons may gather outside
her gate. Daw Aung San Suu Kyi reportedly did not accept these
limitations. On 3 November 1996 several processions of NLD
supporters were dispersed by riot police on roads leading
to Daw Aung San Suu Kyi's house, and at least four persons who
tried to gather near Daw Aung San Suu Kyi's house were
reportedly briefly detained.
 
Some monks were reportedly injured as a result of the use of
batons. SLORC Lt.Col. Hla Min stated on 5 November that the 12
persons detained on the evening of 3 November in connection
with a demonstration had been released the following day.
 
The Special Rapporteur was very disturbed to learn of the
attacks on Daw Aung San Suu Kyi on 9 November by a
stone-throwing mob of about 200 persons. Allegations of
government involvement in the event circulated, as the two
attacks on the cars Daw Aung San Suu Kyi and her aides were
travelling in took place at locations where there was a heavy
security presence. Government officials denied their
responsibility in the attack and said that they were
investigating this incident. The result of such investigations
are not yet known.
 
Some NLD members of Parliament, democratically elected in
1991, continue to submit their resignation as a result, it is
widely believed, of the continual harassment and the pressure
they are facing from the authorities: 
 
(a) At the end of September Yangon Radio announced the
resignation of two NLD MPs. U Ngint Tang from Tiddim township,
Chin State, was said to have resigned for health reasons and U
Zaw Win was said to have resigned because of his family's
health problems, and their resignation was accepted by the
Multiparty Democratic Election Commission in accordance with
section 11, subsection E of the People's Assembly Election
Law; 
 
(b) On 28 November Yangon Radio announced the resignation of U
Saw Oo Reh, Hpru-so township, Kayah State, citing poor health
and old age. 
 
Since the September arrests, guards posted at Daw Aung San Suu
Kyi's house have reportedly been discouraging and sometimes
even preventing her from leaving the compound. According to a
statement made on 31 December 1996 by Lt.Gen.Khin Nyunt at a
press conference and published in the "New Light of Myanmar",
"The main reason why a request had been made to Daw Aung San
Suu Kyi not to leave her residence was a precautionary
measure to prevent untoward incidents because of the current
situation. It had been discovered that anti-Government
underground elements were actively trying to stir up and
foment trouble in Yangon. So to prevent further disorder
the Government had simply requested Daw Aung San Suu Kyi not
to leave her compound for the time being." 
 
Daw Aung San Suu Kyi's correspondence is said to be studied,
her phone reportedly tapped, and her meetings with foreigners
closely monitored.
 
On 27 September the NLD office on Shwegondine Road was closed
and the NLD signboard was taken down. According to SLORC the
office was closed since the contract had expired and the
landlord was disturbed by the 300 persons that gathered on his
property on 27 September to prepare the congress and therefore
took the building back. According to the NLD, the landlord
was illegally forced to annul the lease and to remove the
signboard from the building. He was threatened that the NLD
would be declared illegal and that the building would
thereafter be confiscated.
 
The Special Rapporteur was told that in Mayangone (Yangon
Division), the authorities demanded that the NLD signboard be
reduced in size.
 
It was further reported that in Sagaing Division, the Township
Law and Order Restoration Council offices sent a letter to NLD
offices instructing them to take down their signboards. Also
in Yangon NLD offices were reportedly ordered to take down
their signboards, and authorities told building owners that
the NLD will be declared illegal and that the buildings thus
risked being confiscated.
 
The Special Rapporteur notes that freedom of association also
implies aright to refrain from joining associations. In 1995
SLORC, apparently in preparation for the Visit Myanmar Year,
reportedly issued a directive requiring all hotels in Myanmar
to join the recently created Hotel and Tourism Committee. In
addition to an obligatory membership fee, members reportedly
have to contribute funds for "community projects".
 
In addition the Special Rapporteur has received reports that
most members of the USDA have joined the organization against
their will. Civil servants are said to have their names
automatically registered on USDA rosters, and village- and
township-level authorities are reportedly expected to register
at least one USDA member per household. According to reports
students in some areas must join the USDA if they want to pass
their matriculation exams.
 
With respect to the right to form and join an association, the
Special Rapporteur deeply regrets the fact that this right is
denied to Myanmar citizens and the events of early December
1996 have demonstrated that the absolute power of the SLORC is
also exercised to penalize those wishing to form an
independent association.
 
During the first week of December 1996, between 1,000 and
2,000 university students from Yangon's Institute of
Technology (YIT) started a series of protest demonstrations in
central Yangon demanding, inter alia, the formation of a fully
independent students' union. The protests, which appear to be
a general expression of frustration and disappointment at
the lack of freedom of association and expression and rule of
law, spread to Mandalay (Myanmar's second largest city), where
students from the Institute of Technology and the Institute of
Medicine have also been demonstrating, and to other cities of
the country.
 
The security police and army arrived with fire trucks and
police vehicles. Several army trucks, three fire engines and
two prison buses were seen during the demonstrations. The road
leading to the YIT and the surrounding area were blockaded by
security personnel. The demonstrations were broken up by
security forces. The demonstrators were hosed with water
cannons and security forces were reported to have beaten
students taking part in the demonstration. The students did
not resist. During the demonstrations, police stoned
bystanders on the streets as well as onlookers in nearby
houses to discourage eyewitnesses. It was reported that about
400 students were arrested for brief questioning and control
of identity. Most of the students detained were reportedly
released, but some allegedly remained in detention. In an
article published on 2 January 1997 in NLM, a SLORC official,
Col. Thein Swe, said that the authorities took in 424 students
and 172 other persons, all of whom were later transferred to
the care of faculty members and the local SLORC respectively,
to be subsequently returned home. No one was detained,
according to the authorities. 
 
Subsequent to these events, universities and most high schools
for boys have been closed to classes. Yangon University
announced on 8 December 1996 that the 88th Convocation of
Yangon University, scheduled to be held on 13 and 14 December,
was postponed and that the new schedule would be announced
later. The entrance examination for an evening computer course
of the Ministry for Education scheduled for 15 December was
reported to have also been postponed, the date of the exam to
be announced later. On Friday,13December, it was announced
that the 30th Convocation of the Yangon Institute of
Technology had been postponed. 
 
There were reports of teachers and regional officers being
sacked as the authorities held them responsible for the
unrest. On 15 November, in his address at the conclusion of
the Special Refresher Course for Basic Eduction Teachers, the
Chairman of the Education Committee, Secretary One 
Lt.Gen.Khin Nyunt, stated that "the crucial role of teachers
is to be always guided seriously by political outlook in
moulding the student youths to become reliable and patriotic
intellegentia and intellectuals who will build the modern,
developed and affluent nation of the future". He stated that
teachers must safeguard students from "swaying to the luring
of those with the false notion" that Myanmar will prosper only
with assistance from the outside. He warned that teachers must
guide the students and make them vigilant against the "neo-
colonialists and those within the country who have lost their
national identity so that they might not be used as stepping-
stones in their schemes for enslaving the nation". Teachers
are "duty-bound to nurture their pupils to have a strong moral
base, free from thinking highly of counter-cultures and
material development of other countries ... prevent them from
becoming ones who will seek their own gain and betray the
national cause". It is evident that the Basic Education
courses, which take place on a regular basis, are used as
important forums for senior SLORC officials to impart national
policy and demand cooperation on the part of the teachers. The
extracts show that the speeches are clearly aimed at
controlling the student population which, as in the past,
seems to be an integral part of the democratic movement. 
 
It is significant to note that throughout that week, there was
no direct reference made to the student demonstrations which
took place in Yangon and which were said to be the most
serious challenge to the Government since 1988. In the press
there were only indirect indications that the situation in the
capital was not normal. On 9 December 1996, Senior General
Than Shwe addressed a gathering of USDA executives, stressing
that it was "highly essential" for them to implement the
Government's 12 political, economic and social objectives, and
he urged students to observe discipline and warned them to
conduct themselves peacefully and be vigilant against
destructive elements.
 
Other than notices that appeared during the first week of
December regarding the cancellation of courses, there was no
indication in the press about the students' demonstrations as
such. To the contrary, Myanmar authorities made several
attempts to prevent the coverage of the events: 
 
(a) On 4 December 1996, the Foreign Correspondents Club of
Myanmar (FCCM), whose members are all Myanmar nationals
working for foreign newspapers and wire services, issued a
protest at the detention and beatings of one of their members,
U Myo Thant, a photographer for the Japanese daily "Yomiuri
Shimbun". U Myo Thant, aged 39, was repeatedly beaten around
the head and upper body at the Shwedagon Pagoda on 3 December
by Lone Htein riot police. He was then forced into a police
van and taken to the Kyaikkasan racetrack. After finally
convincing the authorities that he had an official
journalist's pass and that he had the authorization to enter
the Shwedagon area, at the time already cordoned-off by the
Lone Htein, he was released and went to Insein General
Hospital, suffering from head injuries; 
 
(b) A Japanese journalist working for "Yomiuri Shimbun",
Shigefumi Takasuka, was badly beaten as he watched the
demonstrations. He was taken for questioning by military
intelligence and finally released twodays later;  
 
(c) At least three other freelance journalists were deported
from Myanmar during the first week of December 1996. All of
those deported were on tourist visas, and government officials
said they were deported because they had worked as journalists
while in Myanmar without permission. 
 
In the week following the last student demonstration, further
arrests of students were reported. On 10 December about 20
students from Yangon Arts and Science University were
reportedly arrested after staging a demonstration outside the
UnitedStates Embassy in Yangon. The Government of Myanmar,
however, denied that there had been any arrests.
 
 
F. Measures adversely affecting democratic governance
 
The Special Rapporteur has already described, in Part III of
his last report to the General Assembly, the events which have
obstructed the establishment of a democratic order after the
general elections of 1990. Some further observations are
called for. 
 
At a press conference held on 1 October 1996, SLORC stated
that "the Government is holding power only transitionally. Its
main duty is the peaceful transition which will lead towards a
multiparty democratic nation". There have also been statements
by SLORC that " there is no need for an opposition group,
since the Government has the responsibility for a peaceful
transition to democracy". It remains unclear how a multiparty
democracy can function without opposition parties. On 21
September 1996, the Vice-President of SLORC, Gen. Maung Aye,
is reported to have declared that the military could remain in
power longer if elements receiving foreign support caused
disorder and on 25 September 1996, the NLM indicated that Daw
Aung San Suu Kyi would soon be charged with political crimes
as she was conspiring with former colonial powers and aiding
exiled dissident groups in a plot to overthrow the Government.
Military intelligence officers also claimed to have charts and
printed material allegedly proving Daw San Suu Kyi's
involvement with exiled dissident groups. Finally, in the NLM
of 1 October 1996, Senior General Than Shwe is reported to
have stated that "drastic action will have tobe taken in
the interests of the nation and the people against attempts to
destabilize and divide the Tatmadaw ... Confrontation and
conflict hinder and obstruct national progress ... Whatever
action is taken against the NLD is purely an internal matter".
 
The Special Rapporteur wishes to recall that the promotion and
protection of human rights are not "purely an internal
matter". In this regard, he wishes to recall in particular the
observations he made at paragraphs 9, 10 and 12 of his last
report to the General Assembly. 
 
In the view of the Special Rapporteur, the absence of respect
for the rights pertaining to democratic governance, as
exemplified by the absence of meaningful measures towards the
establishment of a democratic order, is at the root of all the
major violations of human rights in Myanmar. It is most
unlikely that these violations will cease as long as the
democratic process initiated by the general elections of 1990
is not re-established. In this regard, the release in 1995 of
Daw Aung San Suu Kyi and the cease-fire with armed ethnic
forces during 1995 and 1996 did raise some hopes that a
political dialogue might be about to begin. Disappointingly,
however, the National Convention, by reason of its mandate,
composition and procedures, including its protracted
proceedings, has not proved a positive step and is devoid of
democratic credibility. The political process continues to
appear deadlocked, with sweeping restrictions in law and
practice on the exercise of virtually all human rights and
freedoms. 
 
 
G. Remedial measures
 
The Special Rapporteur is convinced that necessary measures
implementing the resolutions of the General Assembly and the
Commission on Human Rights have become more urgent for the
establishment of democracy in accordance with the will of the
people, as expressed in the general elections held in 1990. To
this end, a substantive political dialogue should be urgently
engaged with the leaders of political parties returned at
those elections, including representatives of ethnic groups,
and political parties should be permitted to function freely. 
 
                          .............
 
End of 2nd part of the 1997 Report of the Special Rapporteur
on Myanmar to the Commission on Human Rights