UN ENVOY, ELECTIONS ETC

[darnott@xxxxxxxxxxx]

    THE UN, NEW ELECTIONS AND THE NATIONAL CONVENTION IN BURMA
 
Comment by David Arnott (Burma Peace Foundation, Geneva)
 
 
There have been a number of press reports recently, quoting
the UN Secretary-General in Kuala-Lumpur on 17 December 1997,
and "UN sources" in Rangoon on 19 January 1998, as saying that
the United Nations is urging the Burmese military to hold new
elections and to speed up the National Convention. These
reports do not correspond to the UN position on Burma, which
is determined by General Assembly (GA) resolutions.  These
consistently advocate restoration of democracy in Burma "IN
THE LIGHT OF THE RESULTS OF THE ELECTION HELD IN 1990"
(emphasis added).  
 
The most recent GA resolution on Burma (adopted on 24 November
1997) states that the General Assembly is:
 
     "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,"
 
The GA "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" (Operative paragraph
6);
 
"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" (Operative
paragraph 8);
 
The only references to the National Convention are negative --
the General Assembly:
 
"Expresses its concern that .... the National Convention does
not appear to constitute the necessary steps towards the
restoration of democracy" (Operative paragraph 10).
 
The UN's position is thus to encourage dialogue between the
junta and the NLD.  The mandate of the UN Envoy who arrived in
Rangoon 21 January, is based on by Paragraph 21 of the
latest UN resolution on Myanmar, which"      
 
"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;"
 
There is nothing whatsoever in the resolution about new
elections or speeding up the National Convention.
 
[Incidentally, so far as I know, it is only SLORC/SPDC that
favours new elections, with some junta spokesmen implying that
the term of the Pyithu Hluttaw elected in 1990 is now over,
since the elections were held more than seven years ago. 
However, the 1974 Constitution states that: "The Pyithu
Hluttaw is the highest Organ of state power.  It exercises
sovereign power on behalf of the people" (Article 41), and
that  "The regular term of the Pyithu Hluttaw is four years
FROM THE DATE OF ITS FIRST SESSION" (Article 43, emphasis
added).  So, since the Pyithu Hluttaw elected in 1990 has not
yet been convened, the clock has not yet started, and still
has four years to go - David Arnott]
 
                *********************************
 
 
            FULL TEXT OF LATEST UN RESOLUTION ON BURMA
 
 
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.  
 
[the resolution was adopted by consensus on 24/11/97].