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UNHCR Resolution on Burma
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Resolution adopted on the situation of human rights in Myanmar at the
57th session of the UNCHR in Geneva on
April 18, 2001.
COMMISSION ON HUMAN RIGHTS
Fifty-seventh session
Agenda item9
QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN
ANY PART OF THE WORLD
2001/?Situation of human rights in Myanmar
The Commission on Human Rights,
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 as elaborated in the Universal Declaration of
Human Rights, the International Covenants on Human Rights and other
applicable human rights instruments,
Recognizing that the systematic violations of civil, political,
economic, social and cultural rights by the Government of Myanmar have
had a significant adverse effect on the health and welfare of the people
of Myanmar,
Welcoming the cooperation extended to the Special Envoy of the
Secretary-General as well as to the newly appointed Special Rapporteur
during their respective recent visits to Myanmar, while regretting the
failure of the Government of Myanmar to cooperate fully with some of the
relevant United Nations mechanisms, in particular the former Special
Rapporteur,
Aware that the Universal Declaration of Human Rights states that the
will of the people shall be the basis of the authority of government and
therefore 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,
Recalling the observation made by the former 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,
Mindful that Myanmar is a party to the Convention on the Right of the
Child, the Convention on the Elimination of All Forms of Discrimination
against Women, the Geneva Conventions, of 12 August 1949, on the
protection of war victims and the Forced Labour Convention, 1930 (No.
29) and the Freedom of Association and Protection of the Right to
Organize Convention, 1948 (No. 87) of the International Labour
Organization,
Noting the resolution adopted by the International Labour Conference at
its 87the session on the widespread use of forced labour in Myanmar, and
also the resolution adopted by the International Labour Conference at
its 88th session foreseeing a broad range of measures aimed at ensuring
the observance by Myanmar of the recommendations of the Commission of
Inquiry established to examine the application of the Forced Labour
Convention, which came into effect on 30 November 2000,
Recalling previous resolutions of the General Assembly and the
Commission on the subject, most recently Assembly resolution 55/112 of 4
December 2000 and Commission resolution 2000/23 of 18 April 2000,
1. Welcomes:
(a) The interim report of the former Special Rapporteur on the situation
of human rights in Myanmar (A/55/359), the observations on the situation
and the recommendations contained therein;
(b) The initial observations presented to the Commission by the newly
appointed Special Rapporteur on the situation of human rights in
Myanmar;
(c) The assistance of the Government of Myanmar in facilitating the
recent exploratory visit by the newly appointed Special Rapporteur to
Myanmar, and hopes that the Special Rapporteur soon will be able to
return to Myanmar in order for him to discharge his mandate fully;
(d) The report of the Secretary-General on the visit of his Special
Envoy to Myanmar (A/55/509), and endorses the appeal of the Special
Envoy for the initiation of a process of dialogue hat would lead to
national reconciliation, and supports his efforts to achieve such a
dialogue;
(e) The initiation of contacts between the Government and Aung San Suu
Kyi, Secretary-General of the National League for Democracy, and hopes
that such talks will be extended at an appropriate time to include,
among others, representatives of ethnic minorities and thereby will
facilitate broad-based and inclusive national reconciliation and the
restoration of democracy;
(f) The release from detention of a number of democratic political
activists;
(g) The continued cooperation with the International Committee of the
Red Cross, allowing the Committee to communicate with and visit
detainees in accordance with its modalities of work, and hopes that the
programme will be pursued further;
(h) The reopening of some university courses, but remains concerned that
the rights to education continues to be a right that is exercised only
by those willing to refrain from exercising their civil and political
rights and concerned at the reduction in the length of the academic
year, the division and separation of the student population to distant
campuses, and inadequate allocation of resources;
2. Notes the establishment by the Government of Myanmar of a preparatory
process for a human rights committee and encourages it to continue this
process in conformity with the principles relating to the status of
national institutions for the promotion and protection of human rights
annexed to General Assembly resolution 48/134 of 28 December 1993;
3. Expresses its grave concern:
(a) At the systematic policy of the Government of Myanmar of persecuting
the democratic opposition, National League for Democracy members and
their families, as well as ethnic opposition parties, and at the use by
the Government of intimidatory methods such as arbitrary arrest and
detention, abuse of the legal system, including harsh long-term prison
sentences, which has forced many to refrain form exercising their
legitimate political rights;
(b) That the composition and working procedures of the National
Convention do not permit either members of Parliament-elect or
representatives of the ethnic minorities to express their views freely,
and urges the Government of Myanmar to seek constructive means to
promote national reconciliation and to restore democracy, including
through the establishment of a time frame for action;
(c) That the Government of Myanmar has failed to cease its widespread
and systematic use of forced labour of its own people and to meet all
three recommendations of the International Labour Organization on that
issue; this failure has compelled the International Labour Organization
strictly to limit further cooperation with the Government and has
prompted the International Labour Conference to adopt a resolution
recommending that international organizations reconsider any cooperation
with Myanmar and that Governments, employers and workers take
appropriate measures to ensure that the Government of Myanmar cannot
take advantage of such relations to perpetuate or extend the system of
forced or compulsory labour referred to by the Commission of Inquiry
established to examine the observance of the Forced Labour Convention,
1930 (No. 29);
4. Deplores:
(a) The deterioration of the human rights situation and the continuing
pattern of gross and systematic violations of human rights in Myanmar,
including extrajudicial, summary or arbitrary executions, enforced
disappearances, rape, torture, inhuman treatment, mass arrests, forced
labour, forced relocation and denial of freedom of assembly,
association, expression and movement;
(b) The lack of independence of the judiciary from the executive and the
wide disrespect of the rule of law, including of the executive and the
wide disrespect of the rule of law, including of the basic guarantees of
due process, especially in cases involving exercise of political and
civil rights and freedoms, resulting in arbitrary arrests and
detentions, non-existence of judicial control over detentions, sentences
passed without trial, keeping the accused in ignorance of the legal
basis of the charge brought against them, trials held in secrecy and
without proper legal representation, want of knowledge by the family and
counsel of the accused about the sentence and detentions beyond the end
of prison sentences;
(c) The continued violations of the human rights of, and widespread
discriminatory practices against, persons belonging to minorities,
including extrajudicial executions, rape, torture, ill-treatment and the
systematic programmes of forced relocation directed against ethnic
minorities, notably in Karen, Kareni, Rakhine, Chin and Shan States and
in Tennasserim Division, use of anti-personnel land mines, destruction
of crops and fields, and dispossession of land and property, which
deprives these persons of all means of subsistence and results in
large-scale displacement of persons and flows of refugees to
neighbouring countries, and an increasing number of internally displaced
persons;
(d) The continuing violations of the human rights of women, in
particular forced labour, trafficking, sexual violence and exploitation,
often committed by military personnel, and especially directed towards
women who are returning refugees, internally displaced or belong to
ethnic minorities or the political opposition;
(e) The continuing violations of the rights of children, in particular
through the lack of conformity of the existing legal framework with the
Convention on the Rights of the Child, through conscription of children
into forced labour programmes, through their sexual exploitation and
through recruitment and all other exploitation by the military, through
discrimination against children belonging to ethnic and religious
minority groups and elevated rates of infant and maternal mortality and
malnutrition;
(f) The severe restrictions on the freedoms of opinion, expression,
assembly and association, the restrictions on citizens? access to
information, including censorship controls on all forms of domestic
media and many international publications, and the restrictions imposed
on citizens wishing to travel within the country and abroad, including
the denial of passports on political grounds, and gross interference in
private life, family, home or correspondence;
5. Calls upon the Government of Myanmar:
(a) To further develop a constructive dialogue with the United Nations
system, including the human rights mechanisms, for the effective
promotion and protection of human rights in the country;
(b) To continue to co-operate with the Secretary-General or his
representative, and to implement their recommendations;
(c) To co-operate fully with all United Nations representatives, in
particular to further develop the contacts established with the newly
appointed Special Rapporteur, to allow him, without preconditions, to
return to Myanmar in the near future, and to conduct a field mission
furthering his contacts with the Government and all other relevant
sectors of society, and thus enable him fully to discharge his mandate;
(d) To consider becoming a party to the International Covenant on Civil
and Political Rights, the International Covenant on Economic, Social and
Cultural Rights, the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, the International Convention on
the Elimination of All Forms of Racial Discrimination and the Convention
relating to the Status of Refugees and its Protocol;
6. Strongly urges the Government of Myanmar:
(a) To implement fully the recommendations made by the Special
Rapporteur;
(b) To ensure full respect for all human rights and fundamental
freedoms, including economic, social and cultural rights
(c) In particular to ensure full respect for freedoms of expression,
association, movement and assembly, the right to a fair trial by an
independent and impartial judiciary and the protection of the rights of
persons belonging to ethnic and religious minorities, and to put an end
to violations of the right to life and integrity of the human being and,
to the practices of torture, abuse of women, forced labour and forced
relocations and to enforced disappearances and summary executions.
(d) To take urgent and concrete measures to ensure the establishment of
democracy in accordance with the will of the people as expressed in the
democratic elections held in 1990 and, to this end, to extend the
initiated talks with Aung San Suu Kyi, Secretary-General of the National
League for Democracy, to a genuine and substantive dialogue with all the
leaders of political parties, and of ethnic minorities with the aim of
achieving national reconciliation and the restoration of democracy, and
to ensure that political parties and non-governmental organizations can
function freely;
(e) 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, the
prevention of intimidation and repression of political opponents and
enabling the building up of a pluralistic civil society with the active
participation of its members;
(f) To release immediately and unconditionally those detained or
imprisoned for political reasons, including those in ?government guest
houses? as well as journalists, and to ensure their physical integrity
and to permit them to participate in a meaningful process of national
reconciliation;
(g) To improve conditions of detention, in particular in the field of
health protection, and to eliminate unnecessary restrictions imposed on
the detainees;
(h) To ensure the safety and well-being and freedom of movement of all
political leaders, including Aung San Suu Kyi, and to permit
unrestricted communication with and physical access to Aung San Suu Kyi
and other political leaders;
(i) To fulfill its obligations under the Convention on the Rights of the
Child and under the Convention on the Elimination of All Forms of
Discrimination against Women by bringing national legislation and
practice into conformity with these conventions, and to consider signing
and ratifying the Optional Protocol to the Convention on the Elimination
of All Forms of Discrimination against Women as well as the Optional
Protocol to the Convention on the Rights of the Child on the Involvement
of Children in Armed Conflict;
(j) To implement fully the recommendations made by the Committee on the
Elimination of Discrimination against Women, in particular the request
to prosecute and punish those who violate the human rights of women and
to carry out human rights education and gender-sensitization training,
in particular for military personnel;
(k) And all other parties to the hostilities in Myanmar to respect fully
their 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, to end the
use of children as soldiers and to avail themselves of services offered
by impartial humanitarian bodies;
(l) To fully implement concrete legislative, executive and
administrative measures to eradicate the practice of forced labour, in
conformity with the relevant recommendations of the Commission of
Inquiry and to re-enter into a dialogue with the ILO and invite the
organization to establish a presence in Myanmar in order to enable it to
verify that such measures are taken;
(m) To cease the laying of landmines, in particular as a means of
ensuring forced relocation, and to desist from the forced conscription
of civilians to serve as human minesweepers, as indicated in the report
of the Commission of Inquiry;
(n) To end the enforced displacement of persons and other causes of
internal displacement and refugee flows to neighbouring countries and to
create conditions conducive to their voluntary return and full
reintegration in safety and dignity, including returnees who have not
been granted rights of full citizenship, in close cooperation with the
international community, through the United Nations system and its
specialized agencies, governmental and intergovernmental organizations,
as well as non-governmental organizations;
(o) To fulfill its obligations to restore the independence of the
judiciary and due process and to end impunity of and bring to justice
any perpetrators of human rights violations, including members of the
military, and to investigate and prosecute alleged breaches of
international humanitarian and human rights law committed by government
agents in all circumstances;
7. Decides:
(a) To extend the mandate of the Special Rapporteur, as contained in
Commission resolution 1992/58 of 3 March 1992, for a further year, and
requests the Special Rapporteur to submit an interim report to the
General Assembly at its fifty-fifth session and to report to the
Commission at its fifty-seventh session, and to keep a gender
perspective in mind when seeking and analyzing information;
(b) To request the Secretary-General to continue to give all necessary
assistance to the Special Rapporteur to enable him to discharge his
mandate fully,
(c) To request the Secretary-General to continue his discussions with
the Government on the situation of human rights and the restoration of
democracy and with anyone he may consider appropriate in order to assist
in the implementation of General Assembly resolution 55/112 and of the
present resolution;
(d) To request the United Nations High Commissioner for Human Rights to
cooperate with the Director-General of the International Labour Office
with a view to identifying ways in which their offices might usefully
collaborate for the improvement of the human rights situation in
Myanmar;
(e) To request to the Secretary-General to bring the present resolution
to the attention of all relevant parts of the United Nations system;
(f) To continue its consideration of this question at its fifty-eighth
session.
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<center><b><font color="#0000FF"><font size=+2>Resolution adopted on the
situation of human rights in Myanmar at the 57th session of the UNCHR in
Geneva on</font></font></b>
<br><b><font color="#0000FF"><font size=+2>April 18, 2001.</font></font></b></center>
<p><b><font size=+1>COMMISSION ON HUMAN RIGHTS</font></b>
<br><b><font size=+1>Fifty-seventh session</font></b>
<br><b><font size=+1>Agenda item9</font></b>
<p><b><font size=+1>QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS IN ANY PART OF THE WORLD</font></b>
<p><font color="#990000"><font size=+1>2001/?Situation of human rights
in Myanmar</font></font>
<p><font color="#990000"><font size=+1>The Commission on Human Rights,</font></font>
<p><font size=+1>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 as elaborated in the Universal
Declaration of Human Rights, the International Covenants on Human Rights
and other applicable human rights instruments,</font>
<p><font size=+1>Recognizing that the systematic violations of civil, political,
economic, social and cultural rights by the Government of Myanmar have
had a significant adverse effect on the health and welfare of the people
of Myanmar,</font>
<p><font size=+1>Welcoming the cooperation extended to the Special Envoy
of the Secretary-General as well as to the newly appointed Special Rapporteur
during their respective recent visits to Myanmar, while regretting the
failure of the Government of Myanmar to cooperate fully with some of the
relevant United Nations mechanisms, in particular the former Special Rapporteur,</font>
<p><font size=+1>Aware that the Universal Declaration of Human Rights states
that the will of the people shall be the basis of the authority of government
and therefore 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,</font>
<p><font size=+1>Recalling the observation made by the former 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,</font>
<p><font size=+1>Mindful that Myanmar is a party to the Convention on the
Right of the Child, the Convention on the Elimination of All Forms of Discrimination
against Women, the Geneva Conventions, of 12 August 1949, on the protection
of war victims and the Forced Labour Convention, 1930 (No. 29) and the
Freedom of Association and Protection of the Right to Organize Convention,
1948 (No. 87) of the International Labour Organization,</font>
<p><font size=+1>Noting the resolution adopted by the International Labour
Conference at its 87the session on the widespread use of forced labour
in Myanmar, and also the resolution adopted by the International Labour
Conference at its 88th session foreseeing a broad range of measures aimed
at ensuring the observance by Myanmar of the recommendations of the Commission
of Inquiry established to examine the application of the Forced Labour
Convention, which came into effect on 30 November 2000,</font>
<p><font size=+1>Recalling previous resolutions of the General Assembly
and the Commission on the subject, most recently Assembly resolution 55/112
of 4 December 2000 and Commission resolution 2000/23 of 18 April 2000,</font>
<p><font color="#990000"><font size=+1>1. Welcomes:</font></font>
<p><font size=+1>(a) The interim report of the former Special Rapporteur
on the situation of human rights in Myanmar (A/55/359), the observations
on the situation and the recommendations contained therein;</font>
<br><font size=+1>(b) The initial observations presented to the Commission
by the newly appointed Special Rapporteur on the situation of human rights
in Myanmar;</font>
<br><font size=+1>(c) The assistance of the Government of Myanmar in facilitating
the recent exploratory visit by the newly appointed Special Rapporteur
to Myanmar, and hopes that the Special Rapporteur soon will be able to
return to Myanmar in order for him to discharge his mandate fully;</font>
<br><font size=+1>(d) The report of the Secretary-General on the visit
of his Special Envoy to Myanmar (A/55/509), and endorses the appeal of
the Special Envoy for the initiation of a process of dialogue hat would
lead to national reconciliation, and supports his efforts to achieve such
a dialogue;</font>
<br><font size=+1>(e) The initiation of contacts between the Government
and Aung San Suu Kyi, Secretary-General of the National League for Democracy,
and hopes that such talks will be extended at an appropriate time to include,
among others, representatives of ethnic minorities and thereby will facilitate
broad-based and inclusive national reconciliation and the restoration of
democracy;</font>
<br><font size=+1>(f) The release from detention of a number of democratic
political activists;</font>
<br><font size=+1>(g) The continued cooperation with the International
Committee of the Red Cross, allowing the Committee to communicate with
and visit detainees in accordance with its modalities of work, and hopes
that the programme will be pursued further;</font>
<br><font size=+1>(h) The reopening of some university courses, but remains
concerned that the rights to education continues to be a right that is
exercised only by those willing to refrain from exercising their civil
and political rights and concerned at the reduction in the length of the
academic year, the division and separation of the student population to
distant campuses, and inadequate allocation of resources;</font>
<p><font size=+1>2. Notes the establishment by the Government of Myanmar
of a preparatory process for a human rights committee and encourages it
to continue this process in conformity with the principles relating to
the status of national institutions for the promotion and protection of
human rights annexed to General Assembly resolution 48/134 of 28 December
1993;</font>
<p><font color="#990000"><font size=+1>3. Expresses its grave concern:</font></font>
<p><font size=+1>(a) At the systematic policy of the Government of Myanmar
of persecuting the democratic opposition, National League for Democracy
members and their families, as well as ethnic opposition parties, and at
the use by the Government of intimidatory methods such as arbitrary arrest
and detention, abuse of the legal system, including harsh long-term prison
sentences, which has forced many to refrain form exercising their legitimate
political rights;</font>
<p><font size=+1>(b) That the composition and working procedures of the
National Convention do not permit either members of Parliament-elect or
representatives of the ethnic minorities to express their views freely,
and urges the Government of Myanmar to seek constructive means to promote
national reconciliation and to restore democracy, including through the
establishment of a time frame for action;</font>
<p><font size=+1>(c) That the Government of Myanmar has failed to cease
its widespread and systematic use of forced labour of its own people and
to meet all three recommendations of the International Labour Organization
on that issue; this failure has compelled the International Labour Organization
strictly to limit further cooperation with the Government and has prompted
the International Labour Conference to adopt a resolution recommending
that international organizations reconsider any cooperation with Myanmar
and that Governments, employers and workers take appropriate measures to
ensure that the Government of Myanmar cannot take advantage of such relations
to perpetuate or extend the system of forced or compulsory labour referred
to by the Commission of Inquiry established to examine the observance of
the Forced Labour Convention, 1930 (No. 29);</font>
<p><font color="#990000"><font size=+1>4. Deplores:</font></font>
<p><font size=+1>(a) The deterioration of the human rights situation and
the continuing pattern of gross and systematic violations of human rights
in Myanmar, including extrajudicial, summary or arbitrary executions, enforced
disappearances, rape, torture, inhuman treatment, mass arrests, forced
labour, forced relocation and denial of freedom of assembly, association,
expression and movement;</font>
<br><font size=+1>(b) The lack of independence of the judiciary from the
executive and the wide disrespect of the rule of law, including of the
executive and the wide disrespect of the rule of law, including of the
basic guarantees of due process, especially in cases involving exercise
of political and civil rights and freedoms, resulting in arbitrary arrests
and detentions, non-existence of judicial control over detentions, sentences
passed without trial, keeping the accused in ignorance of the legal basis
of the charge brought against them, trials held in secrecy and without
proper legal representation, want of knowledge by the family and counsel
of the accused about the sentence and detentions beyond the end of prison
sentences;</font>
<br><font size=+1>(c) The continued violations of the human rights of,
and widespread discriminatory practices against, persons belonging to minorities,
including extrajudicial executions, rape, torture, ill-treatment and the
systematic programmes of forced relocation directed against ethnic minorities,
notably in Karen, Kareni, Rakhine, Chin and Shan States and in Tennasserim
Division, use of anti-personnel land mines, destruction of crops and fields,
and dispossession of land and property, which deprives these persons of
all means of subsistence and results in large-scale displacement of persons
and flows of refugees to neighbouring countries, and an increasing number
of internally displaced persons;</font>
<br><font size=+1>(d) The continuing violations of the human rights of
women, in particular forced labour, trafficking, sexual violence and exploitation,
often committed by military personnel, and especially directed towards
women who are returning refugees, internally displaced or belong to ethnic
minorities or the political opposition;</font>
<br><font size=+1>(e) The continuing violations of the rights of children,
in particular through the lack of conformity of the existing legal framework
with the Convention on the Rights of the Child, through conscription of
children into forced labour programmes, through their sexual exploitation
and through recruitment and all other exploitation by the military, through
discrimination against children belonging to ethnic and religious minority
groups and elevated rates of infant and maternal mortality and malnutrition;</font>
<br><font size=+1>(f) The severe restrictions on the freedoms of opinion,
expression, assembly and association, the restrictions on citizens? access
to information, including censorship controls on all forms of domestic
media and many international publications, and the restrictions imposed
on citizens wishing to travel within the country and abroad, including
the denial of passports on political grounds, and gross interference in
private life, family, home or correspondence;</font>
<p><font color="#990000"><font size=+1>5. Calls upon the Government of
Myanmar:</font></font>
<p><font size=+1>(a) To further develop a constructive dialogue with the
United Nations system, including the human rights mechanisms, for the effective
promotion and protection of human rights in the country;</font>
<br><font size=+1>(b) To continue to co-operate with the Secretary-General
or his representative, and to implement their recommendations;</font>
<br><font size=+1>(c) To co-operate fully with all United Nations representatives,
in particular to further develop the contacts established with the newly
appointed Special Rapporteur, to allow him, without preconditions, to return
to Myanmar in the near future, and to conduct a field mission furthering
his contacts with the Government and all other relevant sectors of society,
and thus enable him fully to discharge his mandate;</font>
<br><font size=+1>(d) To consider becoming a party to the International
Covenant on Civil and Political Rights, the International Covenant on Economic,
Social and Cultural Rights, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, the International Convention
on the Elimination of All Forms of Racial Discrimination and the Convention
relating to the Status of Refugees and its Protocol;</font>
<p><font color="#990000"><font size=+1>6. Strongly urges the Government
of Myanmar:</font></font>
<p><font size=+1>(a) To implement fully the recommendations made by the
Special Rapporteur;</font>
<br><font size=+1>(b) To ensure full respect for all human rights and fundamental
freedoms, including economic, social and cultural rights</font>
<br><font size=+1>(c) In particular to ensure full respect for freedoms
of expression, association, movement and assembly, the right to a fair
trial by an independent and impartial judiciary and the protection of the
rights of persons belonging to ethnic and religious minorities, and to
put an end to violations of the right to life and integrity of the human
being and, to the practices of torture, abuse of women, forced labour and
forced relocations and to enforced disappearances and summary executions.</font>
<br><font size=+1>(d) To take urgent and concrete measures to ensure the
establishment of democracy in accordance with the will of the people as
expressed in the democratic elections held in 1990 and, to this end, to
extend the initiated talks with Aung San Suu Kyi, Secretary-General of
the National League for Democracy, to a genuine and substantive dialogue
with all the leaders of political parties, and of ethnic minorities with
the aim of achieving national reconciliation and the restoration of democracy,
and to ensure that political parties and non-governmental organizations
can function freely;</font>
<br><font size=+1>(e) 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, the prevention of intimidation
and repression of political opponents and enabling the building up of a
pluralistic civil society with the active participation of its members;</font>
<br><font size=+1>(f) To release immediately and unconditionally those
detained or imprisoned for political reasons, including those in ?government
guest houses? as well as journalists, and to ensure their physical integrity
and to permit them to participate in a meaningful process of national reconciliation;</font>
<br><font size=+1>(g) To improve conditions of detention, in particular
in the field of health protection, and to eliminate unnecessary restrictions
imposed on the detainees;</font>
<br><font size=+1>(h) To ensure the safety and well-being and freedom of
movement of all political leaders, including Aung San Suu Kyi, and to permit
unrestricted communication with and physical access to Aung San Suu Kyi
and other political leaders;</font>
<br><font size=+1>(i) To fulfill its obligations under the Convention on
the Rights of the Child and under the Convention on the Elimination of
All Forms of Discrimination against Women by bringing national legislation
and practice into conformity with these conventions, and to consider signing
and ratifying the Optional Protocol to the Convention on the Elimination
of All Forms of Discrimination against Women as well as the Optional Protocol
to the Convention on the Rights of the Child on the Involvement of Children
in Armed Conflict;</font>
<br><font size=+1>(j) To implement fully the recommendations made by the
Committee on the Elimination of Discrimination against Women, in particular
the request to prosecute and punish those who violate the human rights
of women and to carry out human rights education and gender-sensitization
training, in particular for military personnel;</font>
<br><font size=+1>(k) And all other parties to the hostilities in Myanmar
to respect fully their 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, to end the
use of children as soldiers and to avail themselves of services offered
by impartial humanitarian bodies;</font>
<br><font size=+1>(l) To fully implement concrete legislative, executive
and administrative measures to eradicate the practice of forced labour,
in conformity with the relevant recommendations of the Commission of Inquiry
and to re-enter into a dialogue with the ILO and invite the organization
to establish a presence in Myanmar in order to enable it to verify that
such measures are taken;</font>
<br><font size=+1>(m) To cease the laying of landmines, in particular as
a means of ensuring forced relocation, and to desist from the forced conscription
of civilians to serve as human minesweepers, as indicated in the report
of the Commission of Inquiry;</font>
<br><font size=+1>(n) To end the enforced displacement of persons and other
causes of internal displacement and refugee flows to neighbouring countries
and to create conditions conducive to their voluntary return and full reintegration
in safety and dignity, including returnees who have not been granted rights
of full citizenship, in close cooperation with the international community,
through the United Nations system and its specialized agencies, governmental
and intergovernmental organizations, as well as non-governmental organizations;</font>
<br><font size=+1>(o) To fulfill its obligations to restore the independence
of the judiciary and due process and to end impunity of and bring to justice
any perpetrators of human rights violations, including members of the military,
and to investigate and prosecute alleged breaches of international humanitarian
and human rights law committed by government agents in all circumstances;</font>
<p><font color="#990000"><font size=+1>7. Decides:</font></font>
<p><font size=+1>(a) To extend the mandate of the Special Rapporteur, as
contained in Commission resolution 1992/58 of 3 March 1992, for a further
year, and requests the Special Rapporteur to submit an interim report to
the General Assembly at its fifty-fifth session and to report to the Commission
at its fifty-seventh session, and to keep a gender perspective in mind
when seeking and analyzing information;</font>
<br><font size=+1>(b) To request the Secretary-General to continue to give
all necessary assistance to the Special Rapporteur to enable him to discharge
his mandate fully,</font>
<br><font size=+1>(c) To request the Secretary-General to continue his
discussions with the Government on the situation of human rights and the
restoration of democracy and with anyone he may consider appropriate in
order to assist in the implementation of General Assembly resolution 55/112
and of the present resolution;</font>
<br><font size=+1>(d) To request the United Nations High Commissioner for
Human Rights to cooperate with the Director-General of the International
Labour Office with a view to identifying ways in which their offices might
usefully collaborate for the improvement of the human rights situation
in Myanmar;</font>
<br><font size=+1>(e) To request to the Secretary-General to bring the
present resolution to the attention of all relevant parts of the United
Nations system;</font>
<br><font size=+1>(f) To continue its consideration of this question at
its fifty-eighth session.</font>
<br>
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