Lallah report to the 55th UNHRC (Pa

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Subject: Lallah report to the 55th UNHRC (Part 3)


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IV.  CONCLUSIONS AND RECOMMENDATIONS
  
A.  Conclusions

73.   The Special Rapporteur has previously reported that Myanmar law and
orders of the State Law and Order Restoration Council (SLORC) themselves
violate basic freedoms, including the freedoms of expression and
association. The Government of Myanmar continues to intimidate its citizens
and prevents them from exercising their fundamental rights to freedom of
association and expression by prosecuting persons for criminal and
treason-related offences.
The Special Rapporteur notes that many citizens are still being arrested
for peaceful expression of their ideas.  As mentioned above, political
party leaders and their members are being held, for an undetermined period,
against their will and without any charges being brought against them. 
Moreover, it is evident that the total State domination of the media,
together with the existence of a wide range of SLORC orders criminalizing
freedom of expression, seriously undermines the exercise of this right as
well as the right to freedom of association.
74.   Conditions in Myanmar prisons fall short of international standards,
i.e. the Standard Minimum Rules for the Treatment of prisoners, the Basic
Principles for the Treatment of Prisoners and the Body of Principles for
the Protection of All Persons under Any Form of Detention or Imprisonment.
75.   The non-acceptance by Myanmar of the customary ICRC procedures for
visits to places of detention is highly prejudicial to the amelioration of
conditions of detention in Myanmar.
76.   The phenomenon of displacement would appear to be limited largely, if
not exclusively, to ethnic minorities.  The problem is not new and
originates mainly from the absence of a political solution dating back to
colonial times and before.  The ceasefire agreements concluded in recent
years are a beginning to a solution but are likely to be fruitless until
serious and meaningful measures are taken to engage in a political dialogue
which includes the ethnic minorities.
77.   The army has been implicated in human rights abuses resulting in
displacement.  This is partly attributable to the fact that the armed
forces constitute the only institution vested with law enforcement.  The

armed forces are occasionally involved in restoring public order, although
no specific training is given for this task and those involved in such
operations merely resort to the use of military equipment and military
tactics.  In such cases a number of provisions of international
humanitarian law, such as article 17 of Protocol II Additional to the
Geneva Conventions, which prohibits the displacement of civilian
populations for reasons related to the conflict, are relevant and must be
observed.
78.   Impunity remains a very serious problem.  Retaliatory massacres of
villagers and massive human rights violations of civilians have occurred.
In all these instances the right to life and security of the person, in
particular of women and children, are violated.  In addition, corruption,
which is on the rise, is a serious problem particularly as law enforcement
and the administration of justice are casualties of military rule.
79.   As observed earlier, none of the displaced persons living in Myanmar
itself or in Thailand will be able to return home immediately, as their
houses and land have been destroyed or others have moved onto their land. 
Deeply embedded insecurity and fear also prevent return.  Where return to
the home areas becomes impossible, alternative solutions are required to
ensure the  basic rights to life, protection of personal security and from
cruel, inhuman or degrading treatment, health, education and family unity,
among others.

B.  Recommendations

80.   Since the situation of human rights in Myanmar is worsening and the
repression of civil and political rights continues unabated, the Special
Rapporteur feels bound to renew the detailed recommendations he made in
paragraphs 7 to 97 of his last report to the Commission on Human Rights
(E/CN.4/1998/70) and in paragraphs 61 to 63 of his interim report to the
General Assembly (A/53/364).
81.   In addition, in view of the ever growing humanitarian crisis in Shan,
Karen and Karenni States, in particular, assistance to the displaced and
other conflict-affected persons should become a priority for the
Government.
82.   Because the displaced and other conflict-affected persons have a wide
variety of urgent needs, the Government should seek the assistance of the
international community, through the United Nations system and its
specialized agencies, governmental and intergovernmental organizations, as
well as non governmental organizations, in assessing the nature and extent
of the assistance needs and in responding to those needs in a rapid and
flexible manner.
83.   Clearly, the military solution that has been adopted by the
Government in the ethnic areas has become a serious problem rather than a
solution. A political solution in the ethnic areas in the context of the
political dialogue recommended in paragraphs 79 of the Special Rapporteur's
last report to the Commission has become urgent in order to prevent a
worsening of the present humanitarian disaster.
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Notes
1/ "Forgotten victims of a hidden war: internally displaced Karen in
Burma", published by Burma Ethnic Research Group and the Friederich Naumann

Foundation, April 1998
2/ "Dispossessed : forced relocation and extrajudicial killings in Shan
State", Shan Human Rights Foundation, April 1998
3/ Burmese Border Consortium, "Regugge relief programme - Programme report
for the period January to June 1998", July 1998
4/ Ibid.
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