UNGA resolution

[burma1un@xxxxxxxxxxx]

National Coalition Government of the Union of Burma
Burma UN Service Office
777 UN Plaza, 6th Floor
New York, NY 10017
Tel:      (212) 3380048
Fax:     (212) 3380049
Email:  burma1un@xxxxxxxxxxx

Media Release

24th November 1997


Debate over Burma Resolution at the UNGA

The resolution on Burma, "Situation of human rights in Myanmar", was adopted by consensus by 
the Third Committee of the 52nd Session of the UNGA this evening.  The resolution was co-
sponsored by 31 Member States of the UN under Agenda Item 112 (c), Human Rights Situations 
and Reports of Special Rapporteurs and Representatives.

The National Coalition Government of the Union of Burma (NCGUB) welcomes the resolution and 
expresses it's thanks to all member states that paid particular attention to the drafting process in 
a bid to gain a strong, factual and up-to-date resolution.  This is the seventh UNGA Resolution on 
Burma since the military brutally cracked down on the pro-democracy movement in 1988.  We 
regard the resolution as a unique expression of international public opinion with regard to the 
deteriorating human rights situation in Burma and the lack of progress in the process of 
democratization.  The resolution continues to keep most of the Preamble and Operative 
Paragraphs while adding new elements that reflect significant political events and human rights 
violations that have occurred since the time of 51st Session of the UNGA.

The resolution expresses grave concern over the arrests of trade unionists and students, the 
forced resignation of elected representatives and the long closure of all Universities and Colleges 
following the student demonstrations in December 1996. It expressed regret the failure of the 
military to engage in a substantive political dialogue. It also reflected the blockage of Daw Aung 
San Suu Kyi from attending party meetings at Tamwe and Hlaing. Military regime is urged to 
broaden it's dialogue with the UN Secretary-General and to facilitate access of his representative 
to political leaders in Burma. The resolution made strong human rights criticism adding concern 
about forced labour of children as well as adults including portering  for the military and abuse of 
women and children by government agents. Further, it strongly urges the military regime to end 
impunity of perpetrators of human rights violations, including members of the military, and to 
investigate and prosecute alleged violations committed by government agents in all 
circumstances. Military regime is urged to cooperate more closely with the ILO, in particular with 
the commission of inquiry on forced labor. With regard to the national convention, it concludes 
that it does not appear to constitute the necessary steps towards the restoration of democracy.

As the resolution has been adopted by consensus, it is the moral obligation of all member state to 
facilitate the implementation of the resolution in cooperation with the UN Secretary-General. 

Canada, Denmark, Finland, Ireland, Norway and Netherlands refused to sponsor the resolution 
as they believed it was not critical enough of military regime's repressive behavior over the past 
12 months.  The NCGUB expresses its gratitude for the commitment and support shown by these 
nations to the democracy movement.

In an, "Explanation of Position" to the Third Committee, Canada said, " Canada is particularly 
concerned by recent attempts by the Burmese government to initiate discussion with lower 
ranked officials of the NLD while the same government refuses to meet with NLD leader, Daw 
Aung San Suu Kyi. It is, therefore, impossible for us to welcome these contacts".

The NCGUB believes that the resolution fails to address the strengthening of the UN Human 
Rights Monitoring Mechanism by asking for the appointment of a UN Human Rights Field Officers 
team. It is also not appropriate to welcome the military regime for having contact with the NLD as 
the meeting between U Aung Shwe and Generals has had no political substance. 

We would like all member states to exert their economic and diplomatic influence on the military 
regime in Burma in order to bring about a UN mediated political settlement in Burma and an 
improvement of the human rights situation.

 
Media Contact: Dr Thaung Htun, UN Representative (1212) 338 0048


November 24, 1997






United Nations General Assembly
A/C.3/52/L.63
24 November, 1997.

Fifty-second Session
Third Committee
Agenda item 112 (c)

HUMAN RIGHTS QUESTIONS: HUMAN RIGHTS SITUATIONS AND REPORTS 
OF SPECIAL RAPPORTEURS AND REPRESENTATIVES

[Andorra, Australia, Austria, Belgium, Bulgaria, Costa Rica, Czech Republic, Estonia, 
France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, 
Luxembourg, Monaco, New Zealand, Nicaragua, Poland, Portugal, Romania, San 
Marino, Slovakia, Spain, Sweden, United Kingdom and United States of America]


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, the International 
Covenants of Human Rights 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 51/117 of 12 December 1996,
	
	Recalling also Commission on Human Rights resolution 1992/58 of 3 March 
1992, 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,

	Taking note of Commission on Human Rights resolution 1997/64 of 16 April 
1997, in which the Commission decided to extend for one year the mandate of its Special 
Rapporteur on the situation of human rights in Myanmar,

	Noting with concern that the Government of Myanmar has not yet agreed to a 
visit by the Special Rapporteur,

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

	Gravely concerned at the travel and other restrictions placed on Aung San Suu 
Kyi and other political leaders and at continued arrests and harassment of members and 
supporters of the National League for Democracy, trade unionists and students for 
peacefully exercising their right to freedom of expression, assembly and association, at 
forced resignations of elected representatives and at the long closure of all universities 
and colleges following the student demonstrations in December 1996;

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

	Welcoming  the contact between the Government of Myanmar and political 
parties, in particular the National League for Democracy, but regretting the failure of the 
Government of Myanmar to engage in a substantive 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, deaths in custody, 
absence of due process of law, including trial of detainees in secrecy without proper legal 
representation, severe restrictions on freedoms of opinion, expression, assembly and 
association, violations of freedom of movement, forced relocation, forced labor by 
children as well as adults, including portering for the military, abuse of women and 
children by government agents, 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 on the situation of human rights in Myanmar for his interim report and 
urges the Government of Myanmar to co-operate fully with the Special Rapporteur, and 
to ensure his access to Myanmar, without preconditions, in order to allow him fully to 
discharge his mandate;

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

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

4.	Notes that Nobel Peace Prize Laureate Aung San Suu Kyi was allowed to 
travel to the National League for Democracy's Thaketa township office to conduct 
peacefully normal political activities on 21 October 1997, but subsequently was blocked 
from attending party meetings of the National League for Democracy on 5 November 
1997 in Tamwe Township and on 13 November 1997 in Hlaing Township, and requests 
the Government of Myanmar to permit unrestricted communication with and physical 
access to 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 pursue its contacts with the 
National League for Democracy with a view to engaging, at the earliest possible date, in 
a substantive political dialogue with the National League for Democracy General 
Secretary Aung San Suu Kyi and other political leaders, including representatives of the 
ethnic groups, as the best means of promoting national reconciliation and the full and 
early restoration of democracy;

7.	Welcomes the visits to Myanmar in the first half of 1997 by the Envoy of 
the Secretary-General and the UN Director of the East Asia and the Pacific Division for 
the purpose of discussions with the Government and with Aung San Suu Kyi and other 
political leaders, and further encourages the Government of Myanmar to broaden its 
dialogue with the Secretary-General and to facilitate access by his representative to the 
political leaders 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.	Welcomes the holding of the 9th Anniversary Conference of the National 
League for Democracy on 27-28 September 1997;

10.	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 the 
objectives of the Convention 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 
composition and working procedures of the National Convention do not permit the 
elected representatives of the people freely to express their views, and concludes that the 
National Convention does not appear to constitute the necessary steps towards the 
restoration of democracy;

11.	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;

12.	Strongly urges the Government of Myanmar to ensure full respect for 
human rights and fundamental freedoms, including freedom of expression and assembly, 
the right to fair trial and the protection of the rights of persons belonging to ethnic and 
religious minorities, 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 and to fulfill its 
obligation to end impunity of perpetrators of human rights violations, including members 
of the military, and to investigate and prosecute alleged violations committed by 
government agents in all circumstances;

13.	Calls upon the Government of Myanmar to implement fully the 
recommendations made by the Special Rapporteur;

14.	Welcomes the accession by the Government of Myanmar on 22 July 1997 
to the Convention on the Elimination of All Forms of Discrimination against Women;

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

16.	Strongly urges the Government of Myanmar to fulfil its obligations with 
regard to the Convention on the Rights of the Child, as set out in the concluding 
comments of the Committee on the Rights of the Child;

17.	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, in particular with the 
Commission of Inquiry appointed in accordance with Article 26 of the Constitution of the 
International Labour Organization;

18.	Stresses the importance for the Government of Myanmar to give particular 
attention to improving the conditions in the country's jails and to allow the competent 
international humanitarian organizations to communicate freely and confidentially with 
prisoners;

19.	Calls upon the Government of Myanmar and other parties to the hostilities 
in Myanmar to respect fully to obligations under international humanitarian law, 
including article 3 common to the Geneva Conventions of 12 August 1949, to halt the use 
of weapons against the civilian population, 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;

20.	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;

21.	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 to report to the General Assembly at its fifty-third session and to the 
Commission on Human Rights at its fifty-fourth session;

22.	Decides to continue its consideration of this question at its fifty-third 
session.  


   Working for the National Coalition Government of the 
                   Union of Burma

  "We must choose between dialogue or total devistation"
                Daw Aung San Suu Kyi

              Burma UN Services Office
      Tel. (1 212) 338 0048; Fax. (1 212) 338 0049