GA RESOLUTION ON BURMA (r)

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>
>United Nations           A/C.3/53/L.59
>
>General Assembly
> 
>Distr.: Limited
>13 November 1998
>Original: English
>       
>Fifty-third session
>Third Committee
>Agenda item 110 (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, Italy, Latvia, Lithuania,
>Luxembourg, Monaco, New Zealand, Poland, Portugal, Romania, San Marino,
>Slovakia, South Korea, Spain, Sweden, United Kingdom of Great
>Britain and Northern Ireland and United States of America: draft resolution
>
>
>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,(1) the International Covenants on Human Rights(2) 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 52/137 of 12 December 1997,
>
>Also recalling Commission on Human Rights resolutions 1992/58 of 3 March
>1992,(3) in which the Commission, inter alia, decided to nominate a special
>rapporteur with a given  mandate, and 1998/63 of 21 April 1998,(4) in which
>the Commission decided to extend for one  year the mandate of its Special
>Rapporteur on the situation of human rights in Myanmar, 
> 
>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 elections held in 1990,
>
>Noting the contact between the Government of Myanmar and 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,
>
>Noting with concern that the Government of Myanmar has not permitted a
>visit by the Personal Emissary of the Secretary-General,
>
>Noting with deep regret the continued failure of the Government of Myanmar
>to cooperate with the Special Rapporteur,
>
>Gravely concerned at the continuing and consistent violations of human
>rights in Myanmar, as reported by the Special Rapporteur,
>
>Noting with grave concern the content of the report of the International
>Labour Organization Commission of Inquiry, appointed in March 1997, in
>accordance with article 26 of the  International Labour Organization
>Constitution, regarding the observance by Myanmar of the Forced Labour
>Convention, 1930 (No. 29), which indicates a widespread and systematic use
>of forced labour imposed by the military on the civilian population,
>
>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,
>
>
>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;(5)
>
>2. Urges the Government of Myanmar to cooperate fully with all United
>Nations authorities and bodies, in particular and without further delay
>with the Special Rapporteur, and to ensure his access to Myanmar, without
>preconditions, in order to establish direct contact with the Government and
>all other sectors of society to allow him fully to discharge his mandate;
>
>3. Also expresses its appreciation to the Secretary-General for his
>report,(6) and notes
>with concern the observations contained in the report; 
>
>4. Deplores the continuing violations of human rights in Myanmar, including
>extrajudicial and arbitrary executions, rape, torture, inhuman treatment,
>mass arrests, forced  labour, forced relocation and denial of freedom of
>expression, assembly, association and  movement, as reported by the Special
>Rapporteur;
>
>5. Notes with deep concern the increased restrictions on the freedom of
>movement and the large numbers of arbitrary detentions and harassment of
>political activitists, including elected representatives to the Parliament,
>and urges the Government of Myanmar to permit unrestricted communication
>with and physical access to Aung San Suu Kyi, as well as other political
>leaders, and to protect their physical well-being;
>
>6. 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;
>
>7. Urges the Government of Myanmar to urgently expand and intensify its
>contacts with the National League for Democracy with a view to engaging in
>a substantive political dialogue with the General Secretary of the League,
>Aung San Suu Kyi, and other political leaders, including representatives of
>ethnic and other groups, as the best means of promoting national
>reconciliation and the full and early restoration of democracy;
>
>8. Strongly urges the Government of Myanmar, taking into account 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,
>and in that context notes that the National League for Democracy recently
>established a committee to temporarily represent the Parliament;
>
>9. Also 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;
>
>10.    Further strongly urges the Government of Myanmar to ensure full
>respect for human rights and fundamental freedoms, including freedom of
>expression, association, movement and assembly, the right to a 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 fulfil its obligations to end the 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;
>
>11.    Calls upon the Government of Myanmar to implement fully the
>recommendations  made by the Special Rapporteur;
>
>12.    Welcomes the accession by the Government of Myanmar to the
>Convention on the Elimination of All Forms of Discrimination against
>Women,(7) and appeals to the  Government of Myanmar to consider becoming a
>party to the International Covenant on Civil and Political Rights,(2) the
>International Covenant on Economic, Social and Cultural Rights (2) and the
>Convention against Torture and Other Cruel, Inhuman and Degrading Treatment
>or Punishment(8) and the International Convention on the Elimination of All
>Forms of Racial Discrimination;(9)
>
>13.    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;
>
>14.    Also 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 to implement the recommendations of the International
>Labour Organization Commission of Inquiry regarding the implementation of
>the Forced Labour Convention, and encourages further communication between
>the Government and the International Labour Organization;
>
>15.    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 organization to
>communicate freely and confidentially with prisoners;
>
>16.    Calls upon the Government of Myanmar and other 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, 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 themselves of such services as may be offered by impartial
>humanitarian bodies;
>
>17.    Expresses concern that the human rights situation in Myanmar, and
>the lack of stability, has resulted in flows of refugees to neighbouring
>countries, and may cause further negative effects for these countries, and
>therefore calls upon 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;
>
>18.    Welcomes the recent visits to Myanmar by the Envoy of the
>Secretary-General 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 engage in a broader and more regular dialogue
>with the Secretary-General and to facilitate access by his representative
>to all sectors of society in Myanmar;
>
>19.    Requests the Secretary-General to continue his discussions on the
>situation of human rights and the restoration of democracy with the
>Government of Myanmar, and to submit additional reports to the General
>Assembly during its fifty-third session on the progress of these
>discussions, and to report to the Assembly at its fifty-fourth session and
>to the Commission on Human Rights at its fifty-fifth session on the
>progress made in the implementation of the present resolution;
>
>20.    Decides to continue its consideration of this question at its
>fifty-fourth session.
>
>______________________
>
>
>(1) Resolution 217 A (III).
>
>(2) Resolution 2200 A (XXI), annex.
>
>(3) See "Official Records of the Economic and Social Council, 1992,
>Supplement No. 22" (E/1992/22), chap. II, sect. A.
>
>(4) See Official Records of the Economic and Social Council, 1998,
>Supplement No. 3 (E/1998/23), chap. II, sect. A.
>
>(5) A/53/364
>
>(6) A/53/657
>
>(7) Resolution 34/180, annex.
>
>(8) Resolution 39/46, annex.
>
>(9) Resolution 2106 A (XX)
>
>(10) Resolution 44/25, annex.
>
>(11) CRC/C/15/Add.69.
>
>(12) United Nations, Treaty Series, vol. 75, Nos. 970?973.
>
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