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PART I (Text) Special Rapporteur o
- Subject: PART I (Text) Special Rapporteur o
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Interim report of the Special Rapporteur of the Commission on Human Rights=
=20
on the situation of human rights in Myanmar
Below is a Text version of the Special Rapporteur's report. The formatted=20
and authoritative version is in PDF:=20
http://www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/53f25867fd928877c1256a=
d9004b8e15?Opendocument=20
DIVIDED INTO 2 PARTS FOR EASIER DOWNLOADING
PART 1
********************************
United Nations A/56/312
General Assembly Distr.: General
20 August 2001
Original: English
Fifty-sixth session
Item 131 (c) of the provisional agenda*
Human rights questions: human rights situations and reports of special=20
rapporteurs and representatives
Situation of human rights in Myanmar
Note by the Secretary-General**
The Secretary-General has the honour to transmit to the members of the=20
General Assembly, the interim report prepared by Paulo Sergio Pinheiro,=20
Special Rapporteur of the Commission on Human Rights on the situation of=20
human rights in Myanmar, in accordance with Commission resolution 2001/15=20
and Economic and Social Council decision 2001/251.
* A/56/150.
** In accordance with General Assembly resolution 54/248, sect. C, para. 1,=
=20
this report is being submitted on 20 August 2001 so as to include as much=20
updated information as possible.
______________________________
Interim report of the Special Rapporteur of the Commission on Human Rights=
=20
on the situation of human rights in Myanmar
Summary
The present report is the first report of the present Special Rapporteur,=20
appointed to this mandate on 28 December 2000. The report refers to his=20
activities and developments relating to the situation of human rights in=20
Myanmar between 1 January and 14 August 2001.
In view of the brevity and exploratory nature of the Special Rapporteur's=20
initial visit to Myanmar in April and pending a proper fact-finding mission=
=20
to take place at the end of September 2001, this report addresses only a=20
limited number of areas. In the Special Rapporteur's assessment as=20
presented in this report, political transition in Myanmar is a work in=20
progress and, as in many countries, to move ahead incrementally will be a=20
complex process.
In the human rights context, against the background of ongoing talks=20
between the Government and the opposition, there have been some positive=20
signals indicative of the Government's endeavour to make progress. Those=20
include the dissemination of human rights standards for public officials,=20
work of the governmental Committee on Human Rights, releases of political=20
detainees, reopening of branches of the National League for Democracy=20
(NLD), the main opposition party, the continued international monitoring of=
=20
prison conditions, and cooperation with the Commission on Human Rights,=20
inter alia, through the mandate of this Special Rapporteur and with the=20
Special Envoy of the Secretary-General for Myanmar and the International=20
Labour Organization.
Among the areas in most need of significant improvement is the situation of=
=20
vulnerable groups, inter alia, children, women and ethnic minorities and,=20
in particular, those among them who have become internally displaced in=20
zones of military operations. Overall, there exists a complex humanitarian=
=20
situation in Myanmar, which may decline unless it is properly addressed by=
=20
all concerned.
Contents
Paragraphs Page
I. Introduction ...........................................paras 1-5 page=
4
II. The Special Rapporteur's activities ...................paras 6-33 page=
4
A. Terms of reference......................................paras 6-8 page=
4
B. Initial activities .....................................paras 9-14 page=
4
C. Exploratory mission to Myanmar..........................paras 15-29 page=
6
D. Proposed fact-finding mission ..........................paras 30-33 page=
8
III. Present dynamics of political=20
transition.................................................paras 34-39 page8
IV. Civil and political rights ............................paras 40-63 page=
9
A. General observations .................................. paras 40-43 page=
9
B. Political prisoners ....................................paras 44-55 page=
10
C. Political freedoms .....................................paras 56-59 page=
12
D. Conditions in prisons...................................para 60 page=
12
E. Forced labour...........................................para 61-63 page=
12
V. Vulnerable groups ......................................paras 64-69 page=
13
A. Ethnic minorities ......................................paras 64-66 page=
13
B. Children ...............................................paras 67-69 page=
14
VI. Current humanitarian situation ........................paras 70-74 page=
14
VII. Conclusions and recommendations.......................paras 75-85 page=
15
I. Introduction
1. The present report is submitted pursuant to Commission on Human Rights=20
resolution 2001/15 of 18 April 2001. In paragraph 7 (a) thereof, the=20
Commission decided to extend the mandate of the Special Rapporteur for one=
=20
year and requested him to submit, inter alia, an interim report to the=20
General Assembly at its fifty-sixth session.
2. This is the first report of the present Special Rapporteur, appointed to=
=20
this mandate on 28 December 2000, following the resignation of Justice=20
Rajsoomer Lallah in November last year. The Special Rapporteur takes this=20
opportunity to honour the work done by his eminent predecessors, Professor=
=20
Yozo Yokota and Justice Rajsoomer Lallah, for their impeccable dedication=20
to this mandate, which he hopes to be able to follow.
3. The preparation of this report has been quite a challenge for a number=20
of reasons. There have been some interesting dynamics in the political and=
=20
social fabric of the country, some of which had implications for the human=
=20
rights situation in the country. To some extent, this was observed by the=20
Special Rapporteur during his first visit to Myanmar in April 2001.=20
However, owing to the exploratory nature of the visit, there was not=20
sufficient time to obtain comprehensive information for making an adequate=
=20
assessment of the overall situation of human rights in the country.
4. Pending a fact-finding mission, to take place at the end of September=20
2001, which had been accepted by the Myanmar Government, the Special=20
Rapporteur identified the areas where he felt he could offer some=20
assessment now. As a result, there are, inevitably, matters that will not=20
be addressed in this interim report. Overall, the Special Rapporteur has=20
attempted to capture the main areas where he saw progress and where it has=
=20
yet to be seen.
5. For the purpose of this report, the Special Rapporteur used many sources=
=20
of information, including the Government of the Union of Myanmar, other=20
Governments, various United Nations and other intergovernmental agencies,=20
individuals, non-governmental organizations and the media. The report is=20
based upon information received by the Special Rapporteur up to 14 August=
2001.
II. The Special Rapporteur's activities
A. Terms of reference
6. Commission on Human Rights resolution 1992/58 of 3 March 1992, 1 which=20
established the mandate of the Special Rapporteur on the situation of human=
=20
rights in Myanmar, frames the following terms of reference: "to establish=20
direct contacts with the Government and with the people of Myanmar,=20
including political leaders deprived of their liberty, their families and=20
lawyers, with a view to examining the situation of human rights in Myanmar=
=20
and following any progress made towards the transfer of power to a civilian=
=20
government and the drafting of a new constitution, the lifting of=20
restrictions on personal freedoms and the restoration of human rights in=20
Myanmar".
7. In the view of the Special Rapporteur, despite the clear nature of the=20
fact-finding requirement of his mandate as applied to civil and political=20
rights in the context of political transition, the foundation of that=20
mandate is the universal human rights norms and, accordingly, the main=20
purpose of his statements, initiatives, and activities is to advance the=20
best interests and protection of the victims of all human rights violations=
=20
and the promotion of all human rights in Myanmar.
8. In discharging his mandate, the Special Rapporteur has endeavoured not=20
to be trapped by clich=E9s and sought to act in full transparency. He=20
articulated his approach to the mandate to various interlocutors he met and=
=20
made it clear that he does not represent any group of interests and is=20
accountable only to the Commission on Human Rights.
B. Initial activities
9. The Special Rapporteur decided to begin his activities by undertaking an=
=20
exploratory visit to Myanmar to establish direct contact with the=20
Government and the National League for Democracy (NLD), the main opposition=
=20
party. To this end, during January, February and March 2001, he travelled=20
to Geneva three times for initial consultations with senior officials from=
=20
the Myanmar Government. During his stays in Geneva, the Special Rapporteur=
=20
also met with representatives of the Office of the United Nations High=20
Commissioner for Human Rights (OHCHR), various United Nations and=20
non-governmental organizations, scholars and diplomatic missions, and=20
received representations from interested persons concerning alleged human=20
rights violations in Myanmar. He also visited United Nations Headquarters=20
for consultations with the Special Envoy of the Secretary-General for=20
Myanmar, Ambassador Razali Ismail, other United Nations officials and=20
diplomatic missions.
10. On 5 February 2001, the Special Rapporteur addressed a letter to the=20
Government of Myanmar requesting permission to visit the country for a=20
brief exploratory visit during the final week of March. In order to=20
establish contacts and gather the necessary information, he requested=20
audiences with high officials from the Government and meetings with a range=
=20
of other persons knowledgeable on the situation of human rights in the=20
country, including the Human Rights Committee established by the=20
Government. He explained his intention of pursuing the path of close and=20
open cooperation with the Government, including by means of exchange of=20
information, direct contacts and ongoing consultations.
11. In preparation for the visit to Myanmar, the Special Rapporteur=20
travelled to Japan, Malaysia and Thailand. The purpose of those visits was=
=20
to learn and better understand the perspectives of those countries on the=20
human rights and humanitarian situation in Myanmar and their corresponding=
=20
national policies. The mission was fully accomplished through very fruitful=
=20
discussions with government officials, civil society and members of the=20
legislative bodies of those States. The Special Rapporteur is convinced=20
that Myanmar's neighbours and the States members of the Association of=20
Southeast Asian Nations (ASEAN) will play, and are already playing, a=20
pivotal role in the course of political transition in Myanmar.
12. During his visit to Tokyo (25 and 26 March 2001), the Special=20
Rapporteur met with Mr. Takasu, Director-General of the Multilateral=20
Cooperation Department, and Ms. Taeko Takahashi, Director, First Southeast=
=20
Asia Division, Asian and Oceanian Affairs Bureau, at the Ministry of=20
Foreign Affairs. The Special Rapporteur took the opportunity to meet with=20
his predecessor, the first Special Rapporteur on the situation of human=20
rights in Myanmar, Professor Yozo Yokota. They exchanged views on the=20
historical development of the mandate since its establishment in 1992, on=20
the current human rights situation, and on the prospects for dialogue and=20
national reconciliation in Myanmar. The Special Rapporteur also met with=20
members of the legal profession and the Japanese civil society and with a=20
member of the House of Councillors knowledgeable on the situation of human=
=20
rights in Myanmar.
13. In the course of his visit to Kuala Lumpur (27 and 28 March 2001), the=
=20
Special Rapporteur met with Ambassador Jasmi M. Yusoff, Under-Secretary,=20
Multilateral Political Affairs, and Mr. M. Taufik M. Noor, Under-Secretary,=
=20
Southeast Asia and South Pacific Division, Ministry of Foreign Affairs. The=
=20
Special Rapporteur met with Ambassador Razali Ismail, the Special Envoy of=
=20
the Secretary-General for Myanmar, with whom he agreed to coordinate future=
=20
activities. With Dato' Param Cumaraswamy, the Special Rapporteur on the=20
independence of judges and lawyers, the Special Rapporteur exchanged views=
=20
on the current human rights situation in respect of his mandate and on=20
prospects for the future. They also touched upon the work of the Working=20
Group for an ASEAN Human Rights Mechanism and its activities in respect of=
=20
the human rights situation in Myanmar. The Special Rapporteur was also in=20
contact with members of the Malaysian civil society organizations and a=20
member of Parliament familiar with human rights issues in Myanmar and the=20
position of refugees and other migrants of Myanmar origin living in=
Malaysia.
14. During his visit to Bangkok (29 March-2 April 2001), the Special=20
Rapporteur met with Mr. Nitya Pibulsonggram, Permanent Secretary, and Mr.=20
Surapong Jayanama, Director-General, Department of East Asian Affairs, at=20
the Ministry of Foreign Affairs. He also met with individuals and=20
representatives of a number of Thailand-based and international civil=20
society organizations and associations who are knowledgeable on the human=20
rights situation in Myanmar. Finally, he took the opportunity to meet and=20
exchange views with representatives of the following intergovernmental=20
organizations: the United Nations Development Programme (UNDP), the=20
Economic and Social Commission for Asia and the Pacific (ESCAP), the Food=20
and Agriculture Organization of the United Nations (FAO), the International=
=20
Bank for Reconstruction and Development (IBRD), the International Labour=20
Organization (ILO), the International Telecommunication Union (ITU), the=20
United Nations Educational, Scientific and Cultural Organization (UNESCO),=
=20
the United Nations Population Fund (UNFPA), the Office of the United=20
Nations High Commissioner for Refugees (UNHCR), the United Nations=20
Children's Fund (UNICEF), the United Nations Development Fund for Women=20
(UNIFEM), the World Food Programme (WFP), the Office of the United Nations=
=20
Resident Coordinator, and the Inter-Agency Support Unit.
C. Exploratory mission to Myanmar
15. The Special Rapporteur visited Myanmar from 3 to 5 April 2001. During=20
his visit to Myanmar all of the Special Rapporteur's specific requests for=
=20
meetings were met and his movements in the country were facilitated=20
appropriately. The documentation and information requested were provided=20
promptly and fully. The Special Rapporteur would therefore like to=20
reiterate his appreciation to the Government of Myanmar for its cooperation=
=20
in facilitating his exploratory visit to the country and in responding to=20
his requests for cooperation on human rights issues.
16. In Yangon, the Special Rapporteur met with the following Government=20
representatives: Lieutenant General Khin Nyunt, Secretary-1, State Peace=20
and Development Council (SPDC); U Win Aung, Minister for Foreign Affairs;=20
Colonel Tin Hlaing, Minister for Home Affairs and Chairman of the Human=20
Rights Committee; Major General Tin Ngwe, Minister for Labour; Ambassador U=
=20
Win Mra, Director-General of International Organizations and Economic=20
Development, Ministry of Foreign Affairs, and Lieutenant Colonel Hla Min,=20
Department of International Affairs, Office of Strategic Studies.
17. The Special Rapporteur also visited and met with Daw Aung San Suu Kyi,=
=20
leader of NLD, and U Lwin, U Nyunt We, U That Tun, U Hla Pe, and U Soe=20
Myint, members of the NLD Executive Committee
18. The Special Rapporteur met with representatives of the following=20
national civil society organizations: Myanmar Red Cross Society, Myanmar=20
National Committee for Women's Affairs, Myanmar Maternal and Child Welfare=
=20
Association, Young Women's Christian Association, Young Men's Christian=20
Association, Myanmar Council of Churches, and Myanmar Baptist Convention.=20
In addition, the Special Rapporteur met with representatives of=20
international civil society organizations working in the country and with=20
leaders and representatives of the following so-called national races of=20
Myanmar: Wa, Kachin, Karen, Pa O, and Pa Laung, who invited him to visit=20
their ethnic areas.
19. Finally, the Special Rapporteur also had an opportunity to exchange=20
views with the members of the diplomatic and business community resident in=
=20
Yangon and with representatives of the following United Nations=20
organizations: UNDP, UNICEF, FAO, WHO, UNHCR, the United Nations=20
International Drug Control Programme (UNDCP), the Joint United Nations=20
Programme on Human Immunodeficiency Virus/Acquired Immunodeficiency=20
Syndrome (UNAIDS), and WFP.
20. While the purpose of the visit was to establish direct contact with the=
=20
Government and the people of Myanmar, including their political and civil=20
society leaders, its exploratory nature and brevity necessarily limited its=
=20
scope. It is hoped that future visits will offer an opportunity to develop=
=20
further a constructive dialogue for the effective promotion and protection=
=20
of human rights in the country. The following is a brief summary of=20
selected meetings conducted during the visit.
Meeting with Secretary-1
21. On the morning of 3 April 2001, Secretary-1 of SPDC, Lieutenant General=
=20
Khin Nyunt, received the Special Rapporteur at the Ministry of Defence. The=
=20
Special Rapporteur thanked Secretary-1 for the invitation to visit Myanmar,=
=20
and expressed trust that this was a genuine sign of the Government's desire=
=20
to cooperate with the Commission on Human Rights. He briefly explained the=
=20
terms of his mandate, and his open-minded and transparent approach to its=20
implementation. The Special Rapporteur also explained that the purpose of=20
his mission was to open channels of communication and establish dialogue=20
with the Government and other relevant persons in the country, with a view=
=20
to furthering the promotion and protection of human rights.
22. The Secretary-1 reflected on the history of the mandate of the Special=
=20
Rapporteur on the situation of human rights in Myanmar as set out by the=20
Commission on Human Rights, and the cooperation his Government had offered=
=20
to the Special Rapporteur's predecessors. He underscored the need for=20
respect and understanding of the heavy responsibility his Government had=20
assumed to ensure peace and stability, to end insurgency, and to set up=20
democratic systems of governance in the country. The challenges it is=20
facing include weak economic performance, the need to ensure the return of=
=20
all armed groups to the legal fold, and the combat against the production=20
and trafficking of narcotics. Secretary-1 further stressed the necessity of=
=20
maintaining a balance between the need to maintain peace and civility and=20
the need for power-sharing in the country. He recognized the necessity and=
=20
value of the political opposition and its potential constructive role in=20
nation-building and the establishment of democratic systems in the country.
23. In response, the Special Rapporteur agreed with Secretary-1 that, while=
=20
models of democracy might vary according to circumstances in a given=20
country, the main objective for Myanmar must be the establishment of a=20
compassionate democratic government. In this connection, he welcomed=20
Secretary-1's remarks on the role played by the political opposition in the=
=20
social development of Myanmar. He recognized the interconnectedness of=20
economics and politics and made a reference to the universally recognized=20
understanding that all rights - civil, political, economic, social and=20
cultural, and the right to development - are indivisible and=20
interconnected. In this connection, he assured Secretary-1 that he would=20
take this into account while reflecting on the human rights situation in=20
Myanmar in his reports to the Commission on Human Rights and the General=20
Assembly.
Meetings with the Minister for Foreign Affairs
24. The Minister for Foreign Affairs, U Win Aung, received the Special=20
Rapporteur on the morning of 3 April and the afternoon of 5 April 2001,=20
during which various issues related to the mandate of the Special=20
Rapporteur were discussed. The Foreign Minister assured the Special=20
Rapporteur that his Government was ready to cooperate with him to further=20
the interests of the people of Myanmar. Both agreed that there was a need=20
to establish trust, conduct ongoing consultations, and work on concrete=20
issues. The Foreign Minister further explained his Government's aim of=20
moving towards the emergence of a democratic nation by pursuing the policy=
=20
of non-confrontation.
25. The Special Rapporteur took note with satisfaction of the fact that the=
=20
Government of Myanmar had released from detention a number of members of=20
the opposition, some only days prior to his visit. He expressed the opinion=
=20
that there was an urgent need to consider the release of the old, the=20
mentally disturbed and those prisoners whose sentences had reportedly=20
already expired. He received assurances that the Government had taken note=
=20
of his position and that it would give it due consideration on a=20
case-by-case basis.
Meeting with the Minister for Home Affairs and the Human Rights Committee
26. On the afternoon of 3 April 2001, the Special Rapporteur had an=20
opportunity to meet with the Minister for Home Affairs and the Human Rights=
=20
Committee, of which the Minister was a Chairman. The Committee is a=20
20-member body constituted in April 2000 by the Government of Myanmar under=
=20
the patronage of Secretary-1 of SPDC. It has eight working groups dealing=20
with issues ranging from international human rights law to health,=20
education and labour. The meeting was an opportunity to exchange views on=20
the human rights situation in Myanmar; on the role of the Special=20
Rapporteur; on the strategies for the promotion and protection of human=20
rights in the country; and on the role, in general terms, of national human=
=20
rights institutions in the context of the international human rights=20
system. The Special Rapporteur received a report on the Committee's=20
activities to date and plans for the future, which he welcomed.
Meeting with the Minister for Labour
27. The Special Rapporteur met with the Minister for Labour on the=20
afternoon of 3 April 2001. The Minister explained his Government's position=
=20
on the issue of forced labour and measures taken in response to=20
recommendations made by ILO's Technical Cooperation Mission. He emphasized=
=20
the willingness of his Government to cooperate in the eradication of this=20
practice and pointed out that while government directives banning the=20
practice and the procedures to receive complaints were already in place, no=
=20
such complaints had been received to date.
28. The Special Rapporteur thanked the Minister for clarification, and=20
expressed his sense of encouragement at the news of the resumption of a=20
dialogue between ILO and the Government of Myanmar concerning forced=20
labour. He also expressed hope that the authorities would be able to find a=
=20
way to establish modalities for cooperation in an objective and fair=20
assessment of the situation.
29. Upon his return to Geneva on 6 April 2001, the Special Rapporteur=20
participated at the Commission on Human Rights in the course of the same=20
day with a statement containing a brief summary of his activities
D. Proposed fact-finding mission
30. Since his April visit to Myanmar, the Special Rapporteur has maintained=
=20
his regular contacts with senior officials from the Myanmar Government with=
=20
a view to discussing his return to the country for a fact-finding mission.=
=20
In parallel, he continued consultations with representatives of various=20
United Nations, intergovernmental and non-governmental organizations,=20
scholars and diplomatic missions. The Special Rapporteur undertook these=20
activities during his visits to London (25 and 26 May) and Brussels (21=20
June) and his stays in New York (23-25 April) and Geneva (20 May-1 June,=20
17-22 June).
31. The Special Rapporteur made a formal request for undertaking a=20
fact-finding mission to the country pursuant to his mandate in his letter=20
to the Government of Myanmar dated 31 May 2001. He indicated that he looked=
=20
forward to having a lengthier mission (from 10 days up to 2 weeks) starting=
=20
in the last week of September 2001 and requested arrangements for his visit=
=20
to several other locations, apart from the capital, including a ceasefire=20
area, western border regions, and central areas. The Special Rapporteur=20
expressed his interest in visiting universities, research institutes,=20
schools, hospitals, returnee communities, and new life villages, as well as=
=20
places of detention and labour camps where he could interact with=20
detainees. He also conveyed his wish to assess developments in border areas=
=20
and the life of ethnic populations. Further, the Special Rapporteur wrote=20
that he would like to continue his dialogue with the Government's=20
representatives and to have discussions with leaders and members of=20
different political parties and with representatives of ethnic, religious,=
=20
women's, student and youth groups.
32. On 27 June 2001, the Special Rapporteur received a letter from the=20
Permanent Representative of Myanmar to the United Nations Office at Geneva,=
=20
in which he communicated his Government's acceptance of the proposed visit=
=20
by the Special Rapporteur, to take place in the final week of September=20
2001. The letter advised that arrangements would be made for the Special=20
Rapporteur to meet "competent personnel and leaders of the national races"=
=20
and that visits to border areas, universities, schools, research centres=20
and "other interesting places" would also be included in the programme. It=
=20
was proposed to work out the details of the programme at the next meeting=20
of the Special Rapporteur with the Permanent Representative of Myanmar in=20
Geneva in July 2001.
33. Taking the opportunity of his stay in Geneva for the session of the=20
Subcommission on the Promotion and Protection of Human Rights from 30 July=
=20
to 18 August 2001, the Special Rapporteur followed up with the Permanent=20
Representative of Myanmar detailed arrangements for his fact-finding visit=
=20
to the country.
III. Present dynamics of political transition
34. The Special Rapporteur believes that the country is about to enter a=20
new phase which the international community must acknowledge and act upon.=
=20
According to his observation, political transition is increasingly pressing=
=20
on the Government of Myanmar as a necessary set-up to tackle more=20
effectively and jointly with other political forces, in particular NLD and=
=20
ethnic groups, the existing serious structural problems - poverty,=20
malnutrition, a poor education and health system, decayed infrastructure,=20
drugs and human immunodeficiency virus/acquired immunodeficiency syndrome=20
(HIV/AIDS) -accompanied by a disquieting human rights situation.
35. These problems represent formidable challenges that are present in=20
Myanmar more than in many other countries. The most important tasks for=20
leaders and parties will be creating a democratic power structure and=20
broadening the domain of democratic prerogatives.2 Given the current=20
political configuration, it is most likely that political reforms will take=
=20
place with the participation of the military.3 A change of the electoral=20
system, inherited from British rule, to a proportional system may guarantee=
=20
a better participation of all political forces. Among the requirements that=
=20
will be necessary for a more dynamic activation of the transition process=20
are the development of civil society organizations, a legal culture=20
supportive of constitutionalism and the rule of law, a State bureaucracy=20
capable of operating within professional norms and a well-institutionalized=
=20
economic society.
36. Political transitions are very complex processes marked by the=20
characteristics of particular contexts. Perhaps in the case of Myanmar, the=
=20
most likely path for political reforms will be marked by an incremental=20
approach to change, which has characterized many extrication processes from=
=20
military regimes. This approach may eventually provide solid foundations=20
for a future democratic polity.
37. The comments in this report, while bearing in mind the historical=20
trends, refer to a contemporary period embracing, inter alia, the 1988=20
events, the 1990 elections and, in particular, the recent engagement of the=
=20
Government with the Special Envoy of the Secretary-General for Myanmar and=
=20
the beginning of talks with Daw Aung San Suu Kyi in October 2000. The main=
=20
changes that marked this period, had been provoked by two major events,=20
namely, the 1990 elections and a ceasefire movement in ethnic minority=20
areas, which have contributed to the rearrangement of the socio-political=20
environment in society.4 It is clear that the characteristics of the=20
present dynamics will have profound implications for transition paths=20
available and the tasks that Myanmar society is facing during the political=
=20
transition process.
38. Since the 1990s, the society in Myanmar has been confronted by a slow=20
and often painful pace of transition, with continuing unrest, political=20
tensions, civil and political rights violations, a complex humanitarian=20
situation and economic crisis. More than in any other transition process it=
=20
will clearly become necessary to remember that, despite the sufferings and=
=20
frustrations sometimes experienced by the society or the impatience of=20
democratic forces and the international community, the polity in Myanmar is=
=20
not immobile. In a political transition process each actor -the military,=20
organized parties, ethnic groups, the civil society, and the international=
=20
community - has an effect on the others, in the "field" of forces where=20
they coexist. The meaning of this is that it may take some time yet for the=
=20
Government and other political forces to arrive at a common ground for a=20
road map to democracy; but the progressive diminishing of the isolation of=
=20
Myanmar in its region and in the international community has started a=20
probably irreversible process, despite the slow-motion timing and too many=
=20
setbacks and reversals.
39. The transitional process in Myanmar, as in many contemporary=20
liberalization processes, will probably pass through several phases: (a)=20
dialogue and confidence-building; (b) reconciliation and (c) cooperation=20
and joint action. According to the Special Rapporteur's observation, the=20
process of political transition has already started. After those phases=20
during which open elections and "power by the winner" will prevail, it=20
would be possible to go towards democratic transition.
END OF PART I
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<font size=3D3>Interim report of the Special Rapporteur of the Commission
on Human Rights on the situation of human rights in Myanmar<br><br>
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PART 1<br><br>
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United Nations A/56/312<br>
General Assembly Distr.: General<br>
20 August 2001<br>
Original: English<br>
Fifty-sixth session<br><br>
Item 131 (c) of the provisional agenda*<br><br>
Human rights questions: human rights situations and reports of special=
rapporteurs and representatives<br><br>
Situation of human rights in Myanmar<br>
Note by the Secretary-General**<br><br>
The Secretary-General has the honour to transmit to the members of the=
General Assembly, the interim report prepared by Paulo Sergio Pinheiro,=
Special Rapporteur of the Commission on Human Rights on the situation of=
human rights in Myanmar, in accordance with Commission resolution 2001/15=
and Economic and Social Council decision 2001/251.<br><br>
* A/56/150.<br><br>
** In accordance with General Assembly resolution 54/248, sect. C, para. 1,=
this report is being submitted on 20 August 2001 so as to include as much=
updated information as possible. <br>
______________________________<br><br>
<br>
Interim report of the Special Rapporteur of the Commission on Human Rights=
on the situation of human rights in Myanmar<br><br>
<br>
Summary<br><br>
The present report is the first report of the present Special Rapporteur,=
appointed to this mandate on 28 December 2000. The report refers to his=
activities and developments relating to the situation of human rights in=
Myanmar between 1 January and 14 August 2001.<br><br>
In view of the brevity and exploratory nature of the Special Rapporteur's=
initial visit to Myanmar in April and pending a proper fact-finding mission=
to take place at the end of September 2001, this report addresses only a=
limited number of areas. In the Special Rapporteur's assessment as=
presented in this report, political transition in Myanmar is a work in=
progress and, as in many countries, to move ahead incrementally will be a=
complex process.<br><br>
In the human rights context, against the background of ongoing talks between=
the Government and the opposition, there have been some positive signals=
indicative of the Government's endeavour to make progress. Those include=
the dissemination of human rights standards for public officials, work of=
the governmental Committee on Human Rights, releases of political=
detainees, reopening of branches of the National League for Democracy=
(NLD), the main opposition party, the continued international monitoring of=
prison conditions, and cooperation with the Commission on Human Rights,=
inter alia, through the mandate of this Special Rapporteur and with the=
Special Envoy of the Secretary-General for Myanmar and the International=
Labour Organization.<br><br>
Among the areas in most need of significant improvement is the situation of=
vulnerable groups, inter alia, children, women and ethnic minorities and,=
in particular, those among them who have become internally displaced in=
zones of military operations. Overall, there exists a complex humanitarian=
situation in Myanmar, which may decline unless it is properly addressed by=
all concerned. <br><br>
<br>
Contents<br><br>
Paragraphs Page<br><br>
I. Introduction ...........................................paras=
1-5 page 4<br><br>
<br>
II. The Special Rapporteur's activities ...................paras 6-33 =
page 4<br><br>
A. Terms of reference......................................paras=
6-8 page 4<br><br>
B. Initial activities .....................................paras 9-14 =
page 4<br><br>
C. Exploratory mission to Myanmar..........................paras 15-29 page=
6<br><br>
D. Proposed fact-finding mission ..........................paras 30-33 page=
8<br><br>
<br>
III. Present dynamics of political=
transition.................................................paras 34-39=
page8<br><br>
<br>
IV. Civil and political rights ............................paras 40-63 page=
9<br><br>
A. General observations .................................. paras 40-43 page=
9<br><br>
B. Political prisoners ....................................paras 44-55 page=
10<br><br>
C. Political freedoms .....................................paras 56-59 page=
12<br><br>
D. Conditions in prisons...................................para =
60 page 12<br><br>
E. Forced labour...........................................para 61-63=
page 12<br><br>
<br>
V. Vulnerable groups ......................................paras 64-69 page=
13<br><br>
A. Ethnic minorities ......................................paras 64-66 page=
13<br><br>
B. Children ...............................................paras 67-69 page=
14<br><br>
<br>
VI. Current humanitarian situation ........................paras 70-74 page=
14<br><br>
<br>
VII. Conclusions and recommendations.......................paras 75-85 page=
15<br><br>
<br><br>
I. Introduction<br><br>
1. The present report is submitted pursuant to Commission on Human Rights=
resolution 2001/15 of 18 April 2001. In paragraph 7 (a) thereof, the=
Commission decided to extend the mandate of the Special Rapporteur for one=
year and requested him to submit, inter alia, an interim report to the=
General Assembly at its fifty-sixth session.<br><br>
2. This is the first report of the present Special Rapporteur, appointed to=
this mandate on 28 December 2000, following the resignation of Justice=
Rajsoomer Lallah in November last year. The Special Rapporteur takes this=
opportunity to honour the work done by his eminent predecessors, Professor=
Yozo Yokota and Justice Rajsoomer Lallah, for their impeccable dedication=
to this mandate, which he hopes to be able to follow.<br><br>
3. The preparation of this report has been quite a challenge for a number of=
reasons. There have been some interesting dynamics in the political and=
social fabric of the country, some of which had implications for the human=
rights situation in the country. To some extent, this was observed by the=
Special Rapporteur during his first visit to Myanmar in April 2001.=
However, owing to the exploratory nature of the visit, there was not=
sufficient time to obtain comprehensive information for making an adequate=
assessment of the overall situation of human rights in the country.<br><br>
4. Pending a fact-finding mission, to take place at the end of September=
2001, which had been accepted by the Myanmar Government, the Special=
Rapporteur identified the areas where he felt he could offer some=
assessment now. As a result, there are, inevitably, matters that will not=
be addressed in this interim report. Overall, the Special Rapporteur has=
attempted to capture the main areas where he saw progress and where it has=
yet to be seen.<br><br>
5. For the purpose of this report, the Special Rapporteur used many sources=
of information, including the Government of the Union of Myanmar, other=
Governments, various United Nations and other intergovernmental agencies,=
individuals, non-governmental organizations and the media. The report is=
based upon information received by the Special Rapporteur up to 14 August=
2001.<br><br>
<br>
II. The Special Rapporteur's activities<br><br>
A. Terms of reference<br><br>
6. Commission on Human Rights resolution 1992/58 of 3 March 1992, 1 which=
established the mandate of the Special Rapporteur on the situation of human=
rights in Myanmar, frames the following terms of reference: "to=
establish direct contacts with the Government and with the people of=
Myanmar, including political leaders deprived of their liberty, their=
families and 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".<br><br>
7. In the view of the Special Rapporteur, despite the clear nature of the=
fact-finding requirement of his mandate as applied to civil and political=
rights in the context of political transition, the foundation of that=
mandate is the universal human rights norms and, accordingly, the main=
purpose of his statements, initiatives, and activities is to advance the=
best interests and protection of the victims of all human rights violations=
and the promotion of all human rights in Myanmar.<br><br>
8. In discharging his mandate, the Special Rapporteur has endeavoured not to=
be trapped by clich=E9s and sought to act in full transparency. He=
articulated his approach to the mandate to various interlocutors he met and=
made it clear that he does not represent any group of interests and is=
accountable only to the Commission on Human Rights.<br><br>
<br>
B. Initial activities<br><br>
9. The Special Rapporteur decided to begin his activities by undertaking an=
exploratory visit to Myanmar to establish direct contact with the=
Government and the National League for Democracy (NLD), the main opposition=
party. To this end, during January, February and March 2001, he travelled=
to Geneva three times for initial consultations with senior officials from=
the Myanmar Government. During his stays in Geneva, the Special Rapporteur=
also met with representatives of the Office of the United Nations High=
Commissioner for Human Rights (OHCHR), various United Nations and=
non-governmental organizations, scholars and diplomatic missions, and=
received representations from interested persons concerning alleged human=
rights violations in Myanmar. He also visited United Nations Headquarters=
for consultations with the Special Envoy of the Secretary-General for=
Myanmar, Ambassador Razali Ismail, other United Nations officials and=
diplomatic missions.<br><br>
10. On 5 February 2001, the Special Rapporteur addressed a letter to the=
Government of Myanmar requesting permission to visit the country for a=
brief exploratory visit during the final week of March. In order to=
establish contacts and gather the necessary information, he requested=
audiences with high officials from the Government and meetings with a range=
of other persons knowledgeable on the situation of human rights in the=
country, including the Human Rights Committee established by the=
Government. He explained his intention of pursuing the path of close and=
open cooperation with the Government, including by means of exchange of=
information, direct contacts and ongoing consultations.<br><br>
11. In preparation for the visit to Myanmar, the Special Rapporteur=
travelled to Japan, Malaysia and Thailand. The purpose of those visits was=
to learn and better understand the perspectives of those countries on the=
human rights and humanitarian situation in Myanmar and their corresponding=
national policies. The mission was fully accomplished through very fruitful=
discussions with government officials, civil society and members of the=
legislative bodies of those States. The Special Rapporteur is convinced=
that Myanmar's neighbours and the States members of the Association of=
Southeast Asian Nations (ASEAN) will play, and are already playing, a=
pivotal role in the course of political transition in Myanmar.<br><br>
12. During his visit to Tokyo (25 and 26 March 2001), the Special Rapporteur=
met with Mr. Takasu, Director-General of the Multilateral Cooperation=
Department, and Ms. Taeko Takahashi, Director, First Southeast Asia=
Division, Asian and Oceanian Affairs Bureau, at the Ministry of Foreign=
Affairs. The Special Rapporteur took the opportunity to meet with his=
predecessor, the first Special Rapporteur on the situation of human rights=
in Myanmar, Professor Yozo Yokota. They exchanged views on the historical=
development of the mandate since its establishment in 1992, on the current=
human rights situation, and on the prospects for dialogue and national=
reconciliation in Myanmar. The Special Rapporteur also met with members of=
the legal profession and the Japanese civil society and with a member of=
the House of Councillors knowledgeable on the situation of human rights in=
Myanmar.<br><br>
13. In the course of his visit to Kuala Lumpur (27 and 28 March 2001), the=
Special Rapporteur met with Ambassador Jasmi M. Yusoff, Under-Secretary,=
Multilateral Political Affairs, and Mr. M. Taufik M. Noor, Under-Secretary,=
Southeast Asia and South Pacific Division, Ministry of Foreign Affairs. The=
Special Rapporteur met with Ambassador Razali Ismail, the Special Envoy of=
the Secretary-General for Myanmar, with whom he agreed to coordinate future=
activities. With Dato' Param Cumaraswamy, the Special Rapporteur on the=
independence of judges and lawyers, the Special Rapporteur exchanged views=
on the current human rights situation in respect of his mandate and on=
prospects for the future. They also touched upon the work of the Working=
Group for an ASEAN Human Rights Mechanism and its activities in respect of=
the human rights situation in Myanmar. The Special Rapporteur was also in=
contact with members of the Malaysian civil society organizations and a=
member of Parliament familiar with human rights issues in Myanmar and the=
position of refugees and other migrants of Myanmar origin living in=
Malaysia.<br><br>
14. During his visit to Bangkok (29 March-2 April 2001), the Special=
Rapporteur met with Mr. Nitya Pibulsonggram, Permanent Secretary, and Mr.=
Surapong Jayanama, Director-General, Department of East Asian Affairs, at=
the Ministry of Foreign Affairs. He also met with individuals and=
representatives of a number of Thailand-based and international civil=
society organizations and associations who are knowledgeable on the human=
rights situation in Myanmar. Finally, he took the opportunity to meet and=
exchange views with representatives of the following intergovernmental=
organizations: the United Nations Development Programme (UNDP), the=
Economic and Social Commission for Asia and the Pacific (ESCAP), the Food=
and Agriculture Organization of the United Nations (FAO), the International=
Bank for Reconstruction and Development (IBRD), the International Labour=
Organization (ILO), the International Telecommunication Union (ITU), the=
United Nations Educational, Scientific and Cultural Organization (UNESCO),=
the United Nations Population Fund (UNFPA), the Office of the United=
Nations High Commissioner for Refugees (UNHCR), the United Nations=
Children's Fund (UNICEF), the United Nations Development Fund for Women=
(UNIFEM), the World Food Programme (WFP), the Office of the United Nations=
Resident Coordinator, and the Inter-Agency Support Unit.<br><br>
<br>
C. Exploratory mission to Myanmar<br><br>
15. The Special Rapporteur visited Myanmar from 3 to 5 April 2001. During=
his visit to Myanmar all of the Special Rapporteur's specific requests for=
meetings were met and his movements in the country were facilitated=
appropriately. The documentation and information requested were provided=
promptly and fully. The Special Rapporteur would therefore like to=
reiterate his appreciation to the Government of Myanmar for its cooperation=
in facilitating his exploratory visit to the country and in responding to=
his requests for cooperation on human rights issues.<br><br>
16. In Yangon, the Special Rapporteur met with the following Government=
representatives: Lieutenant General Khin Nyunt, Secretary-1, State Peace=
and Development Council (SPDC); U Win Aung, Minister for Foreign Affairs;=
Colonel Tin Hlaing, Minister for Home Affairs and Chairman of the Human=
Rights Committee; Major General Tin Ngwe, Minister for Labour; Ambassador U=
Win Mra, Director-General of International Organizations and Economic=
Development, Ministry of Foreign Affairs, and Lieutenant Colonel Hla Min,=
Department of International Affairs, Office of Strategic Studies.<br><br>
17. The Special Rapporteur also visited and met with Daw Aung San Suu Kyi,=
leader of NLD, and U Lwin, U Nyunt We, U That Tun, U Hla Pe, and U Soe=
Myint, members of the NLD Executive Committee<br><br>
18. The Special Rapporteur met with representatives of the following=
national civil society organizations: Myanmar Red Cross Society, Myanmar=
National Committee for Women's Affairs, Myanmar Maternal and Child Welfare=
Association, Young Women's Christian Association, Young Men's Christian=
Association, Myanmar Council of Churches, and Myanmar Baptist Convention.=
In addition, the Special Rapporteur met with representatives of=
international civil society organizations working in the country and with=
leaders and representatives of the following so-called national races of=
Myanmar: Wa, Kachin, Karen, Pa O, and Pa Laung, who invited him to visit=
their ethnic areas.<br><br>
19. Finally, the Special Rapporteur also had an opportunity to exchange=
views with the members of the diplomatic and business community resident in=
Yangon and with representatives of the following United Nations=
organizations: UNDP, UNICEF, FAO, WHO, UNHCR, the United Nations=
International Drug Control Programme (UNDCP), the Joint United Nations=
Programme on Human Immunodeficiency Virus/Acquired Immunodeficiency=
Syndrome (UNAIDS), and WFP.<br><br>
20. While the purpose of the visit was to establish direct contact with the=
Government and the people of Myanmar, including their political and civil=
society leaders, its exploratory nature and brevity necessarily limited its=
scope. It is hoped that future visits will offer an opportunity to develop=
further a constructive dialogue for the effective promotion and protection=
of human rights in the country. The following is a brief summary of=
selected meetings conducted during the visit.<br><br>
<br>
Meeting with Secretary-1<br><br>
21. On the morning of 3 April 2001, Secretary-1 of SPDC, Lieutenant General=
Khin Nyunt, received the Special Rapporteur at the Ministry of Defence. The=
Special Rapporteur thanked Secretary-1 for the invitation to visit Myanmar,=
and expressed trust that this was a genuine sign of the Government's desire=
to cooperate with the Commission on Human Rights. He briefly explained the=
terms of his mandate, and his open-minded and transparent approach to its=
implementation. The Special Rapporteur also explained that the purpose of=
his mission was to open channels of communication and establish dialogue=
with the Government and other relevant persons in the country, with a view=
to furthering the promotion and protection of human rights.<br><br>
22. The Secretary-1 reflected on the history of the mandate of the Special=
Rapporteur on the situation of human rights in Myanmar as set out by the=
Commission on Human Rights, and the cooperation his Government had offered=
to the Special Rapporteur's predecessors. He underscored the need for=
respect and understanding of the heavy responsibility his Government had=
assumed to ensure peace and stability, to end insurgency, and to set up=
democratic systems of governance in the country. The challenges it is=
facing include weak economic performance, the need to ensure the return of=
all armed groups to the legal fold, and the combat against the production=
and trafficking of narcotics. Secretary-1 further stressed the necessity of=
maintaining a balance between the need to maintain peace and civility and=
the need for power-sharing in the country. He recognized the necessity and=
value of the political opposition and its potential constructive role in=
nation-building and the establishment of democratic systems in the=
country.<br><br>
23. In response, the Special Rapporteur agreed with Secretary-1 that, while=
models of democracy might vary according to circumstances in a given=
country, the main objective for Myanmar must be the establishment of a=
compassionate democratic government. In this connection, he welcomed=
Secretary-1's remarks on the role played by the political opposition in the=
social development of Myanmar. He recognized the interconnectedness of=
economics and politics and made a reference to the universally recognized=
understanding that all rights - civil, political, economic, social and=
cultural, and the right to development - are indivisible and=
interconnected. In this connection, he assured Secretary-1 that he would=
take this into account while reflecting on the human rights situation in=
Myanmar in his reports to the Commission on Human Rights and the General=
Assembly.<br><br>
<br>
Meetings with the Minister for Foreign Affairs<br><br>
24. The Minister for Foreign Affairs, U Win Aung, received the Special=
Rapporteur on the morning of 3 April and the afternoon of 5 April 2001,=
during which various issues related to the mandate of the Special=
Rapporteur were discussed. The Foreign Minister assured the Special=
Rapporteur that his Government was ready to cooperate with him to further=
the interests of the people of Myanmar. Both agreed that there was a need=
to establish trust, conduct ongoing consultations, and work on concrete=
issues. The Foreign Minister further explained his Government's aim of=
moving towards the emergence of a democratic nation by pursuing the policy=
of non-confrontation.<br><br>
25. The Special Rapporteur took note with satisfaction of the fact that the=
Government of Myanmar had released from detention a number of members of=
the opposition, some only days prior to his visit. He expressed the opinion=
that there was an urgent need to consider the release of the old, the=
mentally disturbed and those prisoners whose sentences had reportedly=
already expired. He received assurances that the Government had taken note=
of his position and that it would give it due consideration on a=
case-by-case basis.<br><br>
<br>
Meeting with the Minister for Home Affairs and the Human Rights=
Committee<br><br>
26. On the afternoon of 3 April 2001, the Special Rapporteur had an=
opportunity to meet with the Minister for Home Affairs and the Human Rights=
Committee, of which the Minister was a Chairman. The Committee is a=
20-member body constituted in April 2000 by the Government of Myanmar under=
the patronage of Secretary-1 of SPDC. It has eight working groups dealing=
with issues ranging from international human rights law to health,=
education and labour. The meeting was an opportunity to exchange views on=
the human rights situation in Myanmar; on the role of the Special=
Rapporteur; on the strategies for the promotion and protection of human=
rights in the country; and on the role, in general terms, of national human=
rights institutions in the context of the international human rights=
system. The Special Rapporteur received a report on the Committee's=
activities to date and plans for the future, which he welcomed.<br><br>
<br>
Meeting with the Minister for Labour<br><br>
27. The Special Rapporteur met with the Minister for Labour on the afternoon=
of 3 April 2001. The Minister explained his Government's position on the=
issue of forced labour and measures taken in response to recommendations=
made by ILO's Technical Cooperation Mission. He emphasized the willingness=
of his Government to cooperate in the eradication of this practice and=
pointed out that while government directives banning the practice and the=
procedures to receive complaints were already in place, no such complaints=
had been received to date.<br><br>
28. The Special Rapporteur thanked the Minister for clarification, and=
expressed his sense of encouragement at the news of the resumption of a=
dialogue between ILO and the Government of Myanmar concerning forced=
labour. He also expressed hope that the authorities would be able to find a=
way to establish modalities for cooperation in an objective and fair=
assessment of the situation.<br><br>
29. Upon his return to Geneva on 6 April 2001, the Special Rapporteur=
participated at the Commission on Human Rights in the course of the same=
day with a statement containing a brief summary of his activities<br><br>
<br>
D. Proposed fact-finding mission<br><br>
30. Since his April visit to Myanmar, the Special Rapporteur has maintained=
his regular contacts with senior officials from the Myanmar Government with=
a view to discussing his return to the country for a fact-finding mission.=
In parallel, he continued consultations with representatives of various=
United Nations, intergovernmental and non-governmental organizations,=
scholars and diplomatic missions. The Special Rapporteur undertook these=
activities during his visits to London (25 and 26 May) and Brussels (21=
June) and his stays in New York (23-25 April) and Geneva (20 May-1 June,=
17-22 June).<br><br>
31. The Special Rapporteur made a formal request for undertaking a=
fact-finding mission to the country pursuant to his mandate in his letter=
to the Government of Myanmar dated 31 May 2001. He indicated that he looked=
forward to having a lengthier mission (from 10 days up to 2 weeks) starting=
in the last week of September 2001 and requested arrangements for his visit=
to several other locations, apart from the capital, including a ceasefire=
area, western border regions, and central areas. The Special Rapporteur=
expressed his interest in visiting universities, research institutes,=
schools, hospitals, returnee communities, and new life villages, as well as=
places of detention and labour camps where he could interact with=
detainees. He also conveyed his wish to assess developments in border areas=
and the life of ethnic populations. Further, the Special Rapporteur wrote=
that he would like to continue his dialogue with the Government's=
representatives and to have discussions with leaders and members of=
different political parties and with representatives of ethnic, religious,=
women's, student and youth groups.<br><br>
32. On 27 June 2001, the Special Rapporteur received a letter from the=
Permanent Representative of Myanmar to the United Nations Office at Geneva,=
in which he communicated his Government's acceptance of the proposed visit=
by the Special Rapporteur, to take place in the final week of September=
2001. The letter advised that arrangements would be made for the Special=
Rapporteur to meet "competent personnel and leaders of the national=
races" and that visits to border areas, universities, schools,=
research centres and "other interesting places" would also be=
included in the programme. It was proposed to work out the details of the=
programme at the next meeting of the Special Rapporteur with the Permanent=
Representative of Myanmar in Geneva in July 2001.<br><br>
33. Taking the opportunity of his stay in Geneva for the session of the=
Subcommission on the Promotion and Protection of Human Rights from 30 July=
to 18 August 2001, the Special Rapporteur followed up with the Permanent=
Representative of Myanmar detailed arrangements for his fact-finding visit=
to the country.<br><br>
<br>
III. Present dynamics of political transition<br><br>
34. The Special Rapporteur believes that the country is about to enter a new=
phase which the international community must acknowledge and act upon.=
According to his observation, political transition is increasingly pressing=
on the Government of Myanmar as a necessary set-up to tackle more=
effectively and jointly with other political forces, in particular NLD and=
ethnic groups, the existing serious structural problems - poverty,=
malnutrition, a poor education and health system, decayed infrastructure,=
drugs and human immunodeficiency virus/acquired immunodeficiency syndrome=
(HIV/AIDS) -accompanied by a disquieting human rights situation.<br><br>
35. These problems represent formidable challenges that are present in=
Myanmar more than in many other countries. The most important tasks for=
leaders and parties will be creating a democratic power structure and=
broadening the domain of democratic prerogatives.2 Given the current=
political configuration, it is most likely that political reforms will take=
place with the participation of the military.3 A change of the electoral=
system, inherited from British rule, to a proportional system may guarantee=
a better participation of all political forces. Among the requirements that=
will be necessary for a more dynamic activation of the transition process=
are the development of civil society organizations, a legal culture=
supportive of constitutionalism and the rule of law, a State bureaucracy=
capable of operating within professional norms and a well-institutionalized=
economic society.<br><br>
36. Political transitions are very complex processes marked by the=
characteristics of particular contexts. Perhaps in the case of Myanmar, the=
most likely path for political reforms will be marked by an incremental=
approach to change, which has characterized many extrication processes from=
military regimes. This approach may eventually provide solid foundations=
for a future democratic polity.<br><br>
37. The comments in this report, while bearing in mind the historical=
trends, refer to a contemporary period embracing, inter alia, the 1988=
events, the 1990 elections and, in particular, the recent engagement of the=
Government with the Special Envoy of the Secretary-General for Myanmar and=
the beginning of talks with Daw Aung San Suu Kyi in October 2000. The main=
changes that marked this period, had been provoked by two major events,=
namely, the 1990 elections and a ceasefire movement in ethnic minority=
areas, which have contributed to the rearrangement of the socio-political=
environment in society.4 It is clear that the characteristics of the=
present dynamics will have profound implications for transition paths=
available and the tasks that Myanmar society is facing during the political=
transition process.<br><br>
38. Since the 1990s, the society in Myanmar has been confronted by a slow=
and often painful pace of transition, with continuing unrest, political=
tensions, civil and political rights violations, a complex humanitarian=
situation and economic crisis. More than in any other transition process it=
will clearly become necessary to remember that, despite the sufferings and=
frustrations sometimes experienced by the society or the impatience of=
democratic forces and the international community, the polity in Myanmar is=
not immobile. In a political transition process each actor -the military,=
organized parties, ethnic groups, the civil society, and the international=
community - has an effect on the others, in the "field" of forces=
where they coexist. The meaning of this is that it may take some time yet=
for the Government and other political forces to arrive at a common ground=
for a road map to democracy; but the progressive diminishing of the=
isolation of Myanmar in its region and in the international community has=
started a probably irreversible process, despite the slow-motion timing and=
too many setbacks and reversals.<br><br>
39. The transitional process in Myanmar, as in many contemporary=
liberalization processes, will probably pass through several phases: (a)=
dialogue and confidence-building; (b) reconciliation and (c) cooperation=
and joint action. According to the Special Rapporteur's observation, the=
process of political transition has already started. After those phases=
during which open elections and "power by the winner" will=
prevail, it would be possible to go towards democratic transition.<br><br>
END OF PART I <br><br>
<br>
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