SPECIAL RAP ON MYANMAR: GA STATEMEN

[darnott@xxxxxxxxxxx]

STATEMENT MADE BY JUDGE RAJSOOMER LALLAH
SPECIAL RAPPORTEUR OF THE COMMISSION ON HUMAN RIGHTS
ON THE SITUATION OF HUMAN RIGHTS IN MYANMAR
TO THE FIFTY-THIRD SESSION OF THE GENERAL ASSEMBLY

4 NOVEMBER 1998


Mr. Chairman,

	I first addressed your Committee as Special Rapporteur on the situation of
human rights in Myanmar in November 1996. At that time I offered an interim
report based on a historical analysis of the politico-legal structure of a
military regime which had assumed power in circumstances which constituted
a break with constitutionality and legal continuity (Doc. A/51/466
paragraphs 17 to 34). I also concluded that the continuance of this
structure was at variance with the international norms of democratic
governance as proclaimed in Article 21 of the Universal Declaration of
Human Rights. I further analyzed material parts of Declaration No. 1/90,
issued by the regime on 27 July 1990, shortly after the general elections
of May 1990. This declaration clearly proclaimed the commitment of the
regime to take measures for summoning the House of Assembly and to confer
on the representatives elected by the people the responsibility to draw up
the constitution of the future democratic state.  I also analyzed how the
regime went back on its commitment and created a number of obstacles to
thwart the freely expressed will of the people.  Among these obstacles was
the creation in 1993 of a national convention constituted by hand-picked
delegates, leading to the marginalization and eventual expulsion of the
political party which had won the elections.  The work of this convention
seems interminable and is shrouded in secrecy and not open to public debate.  


Mr. Chairman, 

	Given the composition, procedures and the mandate of this convention which
sought to confer a leading political role on the Army in the constitutional
system, the clear conclusion that suggested itself was that the national
convention did not constitute genuine steps towards democratic governance
or the implementation of the will of the people as expressed in the general
elections of 1990.  Consequently, the General Assembly and the Commission
on Human Rights have repeatedly called upon the regime to engage in a
genuine dialogue with the party which had won the election and the
representatives of ethnic minorities in order to find a solution which
would respect the will of the people.  This dialogue has yet to be
genuinely engaged.

Mr. Chairman,

	I have thought it necessary to recall these previous conclusions in view
of the Memorandum (-------) which the Government of Myanmar has caused to
be circulated as an official document at this session of the Assembly.


Mr. Chairman,

	The General Assembly and the Commission on Human Rights have indicated
that the absence of the rights pertaining to democratic governance has been
at the root of all major violations of human rights in Myanmar.  Ever since
my appointment, I have had the unpleasant task of receiving, scrutinising
and recording a constant flow of complaints of violations of human rights
in that country. My attempted and unsuccessful exchanges with the
Government, the exchanges of my colleagues, the thematic Rapporteurs, as
well as those of the High Commissioner for Human Rights have only served to
confirm the general veracity of the allegations.. Indeed, this remains
plain to see from an analysis of the present military order in Myanmar.
While the Government is still refusing to cooperate with me, the
allegations continue to be received. My analysis, based on information from
governmental, inter-governmental and other sources, including testimony
from persons interviewed, remains the same.  Thus, six years after the
establishment of this mandate by the Commission on Human Rights, I can, as
my predecessor, only report that serious violations of human rights
continue to take place in Myanmar.

Mr. Chairman, 

	 It would appear that, given the lack of meaningful measures by the
Government in the re-establishment of a democratic order, the political
opposition has sought this year to intensify its legitimate activities. I
have been following with increasing concern the consequent intensification
of repression against it over the last few months. Indeed, over 800 members
of  the National League for Democracy (NLD) have been recently arrested or
detained, while NLD leader Aung San Suu Kyi has been subjected to
continuous restrictions on her movement and repeated harassment. A great
number of members and supporters of the opposition still remain subject to
long terms of imprisonment imposed under repressive laws. Further,
conditions of detention in the country fall far short of international
standards and a number of  prisoners have died while in custody. 

Mr. Chairman,

	The Government continues forcibly to displace persons belonging to non
Burmese- origins, in particular in the eastern part of the country.
Hundreds of thousands of persons have been forcibly relocated. They are
effectively faced with one of two choices: either to flee to neighboring
countries or to move to military relocation camps. They are not compensated
for the loss of their property nor are they able to appeal against the
displacement orders. Those who are unable to cross the frontier are
scattered in Shan, Karenni and Karen States, living in precarious sanitary
and economic conditions. This fundamentally discriminatory programme of
relocation violates a host of human rights obligations, including the right
to physical integrity, freedom of movement and the rights to privacy and
property. 

Mr. Chairman,

	The practice of forced labour continues to be implemented by the
Government. I wish to observe that the conclusions and recommendations I
have made over the last three years in this regard are shared by the recent
Commission of Inquiry established by the ILO.  The Commission's mandate was
to consider whether, and to what extent, the alleged violations exist or
existed and to make any appropriate recommendations. Among other matters,
the Commission has observed that: "there is abundant evidence before the
Commission showing the pervasive use of forced labour imposed on the
civilian population throughout Myanmar by the authorities and the military
for portering, the construction, maintenance and servicing of military
camps, other work in support of the military, work on agriculture, logging
and other production projects undertaken by the authorities or the
military, sometimes for the profit of private individuals, the construction
and maintenance of roads, railways and bridges, other infrastructure work
and a range of other tasks."

	The Commission has also stated that "In actual practice, the manifold
exactions of forced labour often give rise to the extortion of money in
exchange for a temporary alleviation of the burden, but also to threats to
the life and security and extrajudicial punishment of those unwilling, slow
or unable to comply with a demand for forced labour; such punishment or
reprisals range from money demands to physical abuse, beatings, torture,
rape and murder." 

	Mr. Chairman,

	In the interventions before the Commission on Human Rights and the General
Assembly, the representatives of the Government of Myanmar have continued
to provide a number of explanations, including denials of what is in effect
reality, and have ended up by doing nothing significant to change the grave
situation of human rights in Myanmar. Representatives of the Government
have stated that my report contains false information from tainted sources
and that no violations of human rights have taken place. At the same time,
however, the Government has so far not responded to the repeated requests
of the General Assembly and the Commission on Human Rights to allow me to
visit the country. Lastly, the Government would appear to maintain that the
constitutional framework regulating governance and human rights is an
internal, domestic matter for the people of Myanmar and must suffer no
international interference. One would have thought that the people did make
their choice in 1990 and that, in any event, the position adopted by the
Government is incompatible with the obligations it has  assumed under
Article 56 of the Charter and the universal norms governing civil and
political rights.

Thank you Mr. Chairman,