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PART 2 (Text) Special Rapporteur o
- Subject: PART 2 (Text) Special Rapporteur o
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- Date: Tue, 02 Oct 2001 09:50:00
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Interim report of the Special Rapporteur of the Commission on Human Rights
on the situation of human rights in Myanmar
Below is a Text version of the Special Rapporteur's report. The formatted
and authoritative version is in PDF:
http://www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/53f25867fd928877c1256ad9004b8e15?Opendocument
DIVIDED INTO 2 PARTS FOR EASIER DOWNLOADING
PART 2
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IV. Civil and political rights
A. General observations
40. The challenges for the promotion of civil and political rights in the
process of orientation of the present regime towards democratic transition
are immense. Overall, some positive movement is detectable in the area of
civil and political rights and the trend is likely to continue. History
suggests that when a society begins to appreciate the inherent quality and
strength of a democratic, pluralist and transparent community, the positive
changes are likely to become irreversible.
41. At the same time, the Special Rapporteur is aware, inter alia, through
the reports of the thematic Special Rapporteurs to the fifty-seventh
session of the Commission on Human Rights - the Special Rapporteurs on the
question of torture, on extrajudicial, summary or arbitrary executions, on
freedom of religion or belief, on the promotion and protection of the right
to freedom of opinion and expression, on the independence of judges and
lawyers, and on violence against women - that problems remain.
42. The Special Rapporteur has been following since his appointment the
reports of international and regional non-governmental organizations and
had the opportunity to benefit from their oral and written representations.
The Special Rapporteur wishes to convey on this occasion the sincere
expression of their concern for allegedly gross human rights violations in
Myanmar and the plight of victims. He hopes that the Government of Myanmar
will also be able to gain in future from a dialogue with many of those
civil society organizations. The Special Rapporteur is aware that his
mandate requires fact-finding and investigation of those allegations. At
the same time, he believes that his work should go beyond the duplication
of the excellent role of those organizations. He would therefore wish to
develop fact-finding of his own by addressing those allegations with the
interlocutors at the government level and other political actors during his
next mission to Myanmar.
43. The Special Rapporteur is pleased to report that, since the ongoing
transitional process began, there have been apparent some substantial
signals indicative of the Government's inclination to engage in a
constructive dialogue on human rights. Those include several initiatives,
namely, the dissemination of human rights standards for public officials
through a series of workshops with the support of the Australian
Government, the establishment of the governmental Committee on Human
Rights, releases of political detainees, reopening of NLD branches, the
continued international monitoring of prison conditions, and the dialogue
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 ILO.
B. Political prisoners
44. The issue of political prisoners has been at the top of the Special
Rapporteur's agenda since his first contact with the officials of the
Myanmar Government. He urged the release of political prisoners in all
successive meetings with government interlocutors, including during his
first visit to Myanmar.
45. On 2 July 2001, the Special Rapporteur sent a letter to the Government
of Myanmar, referring to his previous discussions on the subject and
reiterating his commitment to this important issue. While welcoming
releases from detention of a number of members of the opposition, the
Special Rapporteur recorded his particular concern about the continued
detention and imprisonment of the members of the Parliament elect (MPs),
especially when the Government was engaged in a dialogue with Daw Aung San
Suu Kyi.
46. In annex 1 to his letter, the Special Rapporteur submitted a list of
the following 12 MPs who had remained in detention without charge or trial
in government "guest houses": 1. Saw Hlang Aka U Saw Hlaing, Indaw,
Sagaing; 2. U Khin Maung Win, Okhtwin, Bago; 3. U Myo Win, Kawa, Bago; 4. U
Tin Htut Oo, Laeway, Mandalay; 5. U Tin Shwe, Waw, Bago; 6. U Tun Kywe,
Nyaunglebin, Bago; 7. U Aung Soe Myint, Taungngu, Bago; 8. U Hla Thein,
Tamwe, Yangon; 9. U Thein Myint, Tamwe, Yangon; 10. U Thein Nyunt,
Thingangyun, Yangon; 11. U Win Myint, Danubyu, Ayeryarwaddy; 12. Dr. Aung
Moe, Phwint Phyu, Magway.
47. In Annex 2, the Special Rapporteur presented a list of another 31 MPs
who allegedly remained imprisoned on account of their peaceful exercise of
the rights to freedom of assembly, association and expression: 1. Chit
Htwe, NLD Myothit 2, Magway; 2. Do Htaung Aka U Do Thawng, NLD Kalay,
Sagaing; 3. Dr. Aye Kyu, NLD Latputta 2, Ayeyarwady; 4. Dr. Myint Naing Aka
Than Chaung Aka Maung Than, NLD Kanbalu, Sagaing; 5. Dr. Zaw Myint Maung,
alias Dr. Myint Aung, NLD Amarapura, Mandalay; 6. Dr. Aung Khin Sint, NLD
Mingala Thaungnyunt, Yangon; 7. Dr. Than Nyein Aka U Than Nyein, NLD
Kyauktan 1, Yangon; 8. Dr. Min Soe Lin, Mon National Democratic Party
(MNDP) Ye 1, Mon State; 9. Dr. Myo Nyunt, NLD Dedaye 1, Ayeyarwady; 10.
Duwa Zaw Aung, NLD Waingmaw, Kachin State; 11. Khin Maung Swe Aka Ye Kyaw,
NLD Sanchaung, Yangon; 12. Khun Myint Tun, NLD Thaton, Mon State; 13. Kyaw
Khin, NLD Taunggyi, Shan State; 14. Kyi Myint, NLD Latha, Yangon; 15. Kyi
Win, NLD Latputta, Ayeyarwady; 16. May Win Myint, NLD Mayangone, Yangon;
17. Min Kyi Win, MNDP Mudon, Mon State; 18. Nyunt Hlaing, NLD Myayde 1,
Bago; 19. Ohn Kyaing Aka Aung Win, NLD Mandalay SE; 20. San San (F), NLD
Seikkan, Yangon; 21. Saw Naing Naing, NLD Pazundaung, Yangon; 22. Sein Hla
Oo, NLD Insein 2 Yangon; 23. Soe Myint, NLD Min Minby 1, Magway; 24. U
Myint Naing, NLD Kantbalu 2, Sagaing; 25. U Saw Oo Reh, NLD Phruso, Kayah;
26. U Kyin Thein, NLD Kya In Sei Kyi, Kayin; 27. U Kyaw San, NLD Taze 1,
Sagaing; 28. U Ohn Maung, NLD Nyaunglebin 1, Bago; 29. U Aung Myint, NLD
Latpadan 1, Bago; 30. U Nyunt Aye, NLD Latpadan 2, Bago; 31. U Kyi Lwin,
NLD Ngaphae, Magway.
48. In pursuance of the understanding he had reached with the Government
during his April visit, the Special Rapporteur also requested the
consideration of the release, on humanitarian grounds, of other persons
imprisoned for political reasons whose cases fell within the categories of
the old, the ill and those whose sentences had reportedly already expired.
Annex 3 of his letter contained information regarding the following 5
individual cases:
Case 1: U Win Tin, journalist and one of the veterans of NLD. Arrested on 4
July 1989, currently serving his 20-year sentence in Insein prison, will be
78 years old when the sentence is completed. He has continuously suffered
from poor health during his imprisonment owing to the harsh prison
conditions. His case was also raised by the Special Rapporteur on the
question of torture by letter dated 5 October 2000.
49. Case 2: Min Ko Naing, student activist and founder of the All Burma
Federation of Student Unions (ABFSU), arrested on 24 March 1989 and
sentenced to 20 years' imprisonment (later commuted to 10 years under a
general amnesty), has been held in solitary confinement for most of his
imprisonment, which resulted in poor physical and mental health. He is
reportedly held in Sittway prison, Rackhine State, although he completed
his sentence in March 1999. He was visited briefly by the Special
Rapporteur on the situation of human rights in Myanmar in November 1994.
50. Case 3: Dr. Zaw Min, 41 years old, medical doctor and writer, arrested
on 30 July 1989 for alleged contacts with the Burma Communist Party.
Sentenced to 20 years' imprisonment (later commuted to 10 years), has been
held in solitary confinement for significant lengths of time throughout his
imprisonment, has consequently suffered major psychological damage, is
currently held in Mandalay prison. He should have been released in 1999 on
completion of his sentence.
51. Case 4: Daw San San Nwe, journalist and writer, mother of six children
in mid-50s, reportedly arrested in August 1994 for allegedly passing on
information to foreign journalists, and sentenced to 10 years'
imprisonment. She is said to be in poor health in Insein prison because of
high blood pressure, heart problems and paralysis on the right side of her
body. Her case was also raised by the Special Rapporteur on the question of
torture by letter dated 5 October 2000.
52. Case 5: U Cho Aung Than, 54 years old, assistant (also cousin) to Daw
Aung San Suu Kyi, arrested with his sister Khin Ma Than and her husband
Shwe Myint Aung on 13 June 1997 in connection with alleged involvement in
opposition activities. He is held in an Insein prison and is reportedly in
poor health because of high blood pressure.
53. On 30 July 2001, the Special Rapporteur received a reply from the
Permanent Representative of Myanmar to the United Nations Office at Geneva
informing him that all politicians mentioned in annex 1 of his letter had
been released and sent home by 13 July 2001 except U Khin Maung Win who was
not in the category of politicians taken to the government guest houses for
questioning. He was mentioned as serving his sentence for unlawful gambling
and other criminal offences. Furthermore, the letter informed about the
release on 2 July 2001 of U Aye Win (Daw Aung San Suu Kyi's cousin). With
regard to the politicians referred to in annex 2 of the Special
Rapporteur's letter, Dr. Aye Kyu, Dr. Aung Khin Sint, U Kyi Win and U Nyunt
Hlaing were said to have been released on 18 July 2001. From the list of
selected cases in annex 3, Daw San San Nwe (case 4 above) was released on
18 July, as were U Myint Swe and Daw Nge Ma Ma Than (a close relative of
Daw Aung San Suu Kyi) (case 5 above) on 26 July. The letter noted that
these politicians had been released before completion of the terms of their
respective sentences and that some of the politicians mentioned in annexes
2 and 3 were serving their respective sentences not for political reasons
but because of criminal offences. In this connection, it was called to the
Special Rapporteur's attention that his request has been given careful
consideration by the authorities and the above-mentioned cases were being
reviewed on a case-by-case basis. Subsequently, the Special Rapporteur was
informed of the release on 31 July 2001 of U Khin Maung Win, the only one
having remained unreleased among those mentioned in annex 1 of his letter,
together with three other MPs.
54. The Special Rapporteur acknowledges that the release of more than 160
prisoners from jails and guest houses since the beginning of the year is an
important step in political transition. These included 84 in January, 16 in
March, at least 27 in June in 5 batches (on 13, 14, 15, 21 and 28 June),
another 40 in July in 6 batches (on 2, 6, 13, 18, 26 and 31 July), and 2 on
13 August. Most of those freed were NLD members, including all MPs detained
without charge or trial, some since July 1998. Among those released were,
for instance, 83-year-old Dr. Saw Mra Aung, leader of the Arakan League for
Democracy and a leading member of the Committee Representing the People's
Parliament; U Soe Thein, editor and MP; and comedians U Pa Pa Lay and U Lu
Zaw, known as "the Moustache Brothers".
55. The Special Rapporteur welcomes these releases but notes that there are
many cases that he hopes the Government will consider in the near future.
Among those, for instance, is that of a 71-year-old journalist and founding
member of NLD, U Win Tin, who is one of 18 media professionals remaining in
prison. Detained since July 1989, he is serving a 20-year sentence for
peaceful political activities and is in very poor health. Reportedly, there
are also 28 MPs, the majority being NLD members. Three NLD leaders -Daw
Aung San Suu Kyi, U Tin Oo and Aung Shwe -remain under de facto house
arrest since September 2000. It has been learned, however, from government
sources that Daw Aung San Suu Kyi and her colleagues can perform social and
religious activities and are doing so. Some foreigners have been given
access to her. It has also been observed by the government authorities that
this is an arrangement made in view of the present dialogue.
C. Political freedoms
56. Reportedly, a total of 24 MPs elect operate in exile, of whom 13 are
NLD members and the remainder members of ethnic parties such as Chin
National League for Democracy, Democratic Organization for Kayan National
Unity, Shan Nationalities League for Democracy, Lahu National Development
Party, Zomi National Congress, and Party for National Democracy.
57. In the country, since the start of secret talks with Suu Kyi, "the war
of words" in the media has stopped and the activities of NLD and opposition
parties are becoming more visible. In June 2001, 18 out of 40 NLD offices
in eight townships of Yangon Division were permitted to reopen, of which 9
could put up their old party signboards. For the first time in many years,
there has begun a regular communication between the NLD offices and their
national leadership. Reports indicate that U Lwin and other Executive
Committee members appear regularly at the NLD Head Office in Yangon.
Another prominent NLD office in Mandalay Divisions is also said to have
started functioning. However, whether members can move freely in their
respective townships is not known as yet.
58. Further steps in this direction will contribute to achieving national
reconciliation and peace and improving the human rights situation in the
country, including, in particular, through full respect in law and practice
for the rights to association, participation, and free expression. Civil
society organizations, trade unions, and media are decisive for the
promotion of both human rights and human development. In many countries
undergoing a gradual transition to democracy, civil society organizations
can take a lead in advancing human rights. Several countries in Asia have
experienced similar gains. For instance, Indonesia, despite serious
setbacks and a somewhat complicated political landscape, and the Republic
of Korea have become more open, recognizing the need to advance cooperation
with society, thereby advancing the cause of human rights.5 The Government
of Myanmar in the present juncture could also benefit immensely from
supporting an environment that can promote grass-roots civil society
organizations in all walks of life. The existence of 2,000 such
organizations in Myanmar, with a leading role played by women, is a
positive fact, but their main focus is limited to social welfare issues.
59. As noted by the Committee on the Application of Standards during the
eighty-ninth session of the International Labour Conference (ILC) (June
2001), serious discrepancies persist between the national legislation and
practice of Myanmar and the provisions of ILO Convention No. 87 on Freedom
of Association and Protection of the Right to Organize, 1948 6 (to which
Myanmar has been a party since 1955). The Committee mentioned this case as
one of continued failure to implement the Convention and once again
strongly insisted that the Government adopt, as a matter of urgency, the
measures and mechanisms necessary to guarantee to all workers and
employers, the right to join organizations of their own choosing, without
previous authorization, and the right of these organizations to affiliate
with federations and international organizations, without interference from
public authorities.
D. Conditions in prisons
60. A number of reports allege the continued prevalence of poor conditions
in Myanmar prisons; therefore the Special Rapporteur intends to report more
extensively on the conditions of the prisons in the country after his visit
to Myanmar in September 2001. In the meantime, he is pleased to note that
international monitoring of prisons and detention facilities continues to
take place. Since the beginning of such monitoring in May 1999, the
International Committee of the Red Cross (ICRC) has been given access to
prisons, detention places known as guest houses, and labour camps.
Currently, ICRC has visited - on one or more occasions - 49 places
throughout the country. The Special Rapporteur takes this opportunity to
express his respect for ICRC's strict rules of confidentiality.
E. Forced labour
61. During the period under review, ILO continued its engagement with the
Government of Myanmar on the question of forced labour in application of
the resolution adopted at the eighty-eighth session of ILC (June 2000). The
Myanmar case was discussed at the two hundred eightieth session of the ILO
Governing Body (March 2001). ILO sent a mission to Yangon (17-19 May 2001),
which negotiated with the Government of Myanmar the terms of reference for
a high-level ILO mission to visit the country later this year, with a view
to carrying out an objective assessment of the practical implementation and
actual impact of the framework of legislative, executive and administrative
measures reported by the Government. The Committee on the Application of
Standards examined the case of Myanmar at its special sitting (11 June
2001) during the eighty-ninth session of ILC. The main point at issue was
the conditions under which the measures requested by ILC in its June 2000
resolution might be lifted.
62. The issue of forced labour in Myanmar was also addressed by the
Economic and Social Council during its 2001 substantive session. On 25 July
2001, the Council adopted by consensus resolution 2001/20, in which it took
note of the 2000 ILC resolution on action to secure compliance with the
recommendations of the Commission of Inquiry established by ILO to examine
the observance of Myanmar of its obligation in respect of the Forced Labour
Convention, 1930 (No. 29), in which the Conference recommended the
inclusion of the item in the agenda of the Council. The Council, in that
resolution, also noted the conclusions adopted by ILC at its eighty-ninth
session (2001); took note of the understanding concluded between the
International Labour Office and the authorities of Myanmar regarding an
objective assessment to be carried out by an ILO high-level mission with
respect to the practical implementation and actual impact of the framework
of legislative executive and administrative measures reported by Myanmar
within the overall objective of the complete elimination of forced labour
in law and practice, whose composition would be defined by the ILO
Director-General and whose report would be examined by the November 2001
meeting of the ILO Governing Body; and requested the Secretary-General to
keep the Council informed of further developments in that matter.
63. The Special Rapporteur welcomes the official ban on the practice of
forced labour in Myanmar; however, he is fully cognizant of the extent of
the problem. He intends to report more extensively on the matter after his
visit to Myanmar in September 2001.
V. Vulnerable groups
A. Ethnic minorities
64. The Special Rapporteur has received reports about the disquieting
situation of ethnic minorities, particularly those living in zones of
counter-insurgency operations (mostly in Shan, Mon, Kayah and Kayin
States). In those places, reportedly, the immediate and accumulated impacts
of armed conflict, human rights abuses - including torture, arbitrary
executions, deliberate killings, indiscriminate use of landmines, pressure
to join military force exerted by both the government troops and armed
opposition groups - and the combined effects of poverty, lack of basic
social infrastructure and attitudes/practices of local authorities make
people fearful for their lives, their families and their future. As a
result, many of them seek refuge in neighbouring countries or hide in
"displaced villages" in the forest. Protection and assistance concerns as a
result of armed conflict should therefore include, in the first place,
reaching vulnerable groups such as internally displaced women and children.
In practice this will be possible when there is a humanitarian space, that
is to say, a ceasefire for humanitarian purposes or, ideally, a nationwide
ceasefire which will then also contribute to the process of national
reconciliation.
65. According to several reports, which the Special Rapporteur hopes to be
able to verify during his forthcoming mission, in some ethnic areas there
have allegedly been indications of a pattern of "racially/ethnically
motivated" discriminatory policies. The situation of Muslim and Hindu
minorities in Arakan State (they number about 1 million) was brought to the
attention of the Special Rapporteur. Reportedly, as non-citizens they are
subjected to a rule according to which they are required to obtain
authorization to travel outside their township. The implementation of this
rule is said to have been tightened, especially after reported clashes
between Rakhine Buddhists and Muslims in Sittwe, the State capital, in
February 2001. The official fee for the application, depending on the
distance of travel, could be anywhere between 25 and 50,000 kyats (US$
1000). Allegedly, at present only a few rich people can afford a travel
authorization. Moreover, reportedly it would be easier to leave Sittwe, but
very difficult to return to it, in particular from Maungdaw, Buthidaung and
Rathedaung townships, which are predominantly Muslim and Hindu. Such
restrictions would affect the livelihood of common Muslims and Hindus,
compelling some of them eventually to leave the country.
66. The Special Rapporteur wishes to recall that under the international
human rights law, limitations on the exercise of the right to freedom of
movement are permissible provided they are based on clear legal grounds and
meet the test of necessity and the requirements of proportionality. More
importantly, the permissible restrictions should be consistent with
fundamental principles of equality and non-discrimination.
7
B. Children
67. Among the areas of concern that are relevant in the discussion of child
rights in Myanmar, the Special Rapporteur wishes to mention, in particular,
the problem of child soldiers, regarding which he intends to report in more
detail after his visit to Myanmar in September 2001. In the view of the
Special Rapporteur, there is a close nexus between this problem, which is a
form of child labour, and poverty. At one level, child earnings are
necessary for family survival and at another level when a household is able
to forgo the child's income it cannot afford the direct costs of schooling.
68. Official figures of net enrolment and retention rates of school-age
children reveal that only half of Myanmar children aged 5 to 15 years
complete the primary cycle. Based on these figures, it is estimated that 25
per cent of children never enrol and, out of those who do, only one third
are able to complete the full five-year cycle of primary schooling.
Furthermore, approximately one quarter of the children in age group 10-14
(about 1.25 million children) are engaged in paid work and there is a
growing number of street children concentrated in urban areas. This is
further aggravated by the plight of thousands of children and women who
have become internally displaced or illegal migrants in neighbouring countries.
69. Child health, tuberculosis and malaria remain major concerns in the
country. Almost one quarter of Myanmar babies are born underweight, with
long-term nutritional implications. By the time children reach age 5, 1 in
3 is moderately to severely malnourished. This is compounded by the fact
that about 3.6 million children and 1.1 million pregnant women live in
areas considered to be at high or moderate risk for malaria transmission.
Furthermore, the country is estimated to have no less than 81,000 new cases
of tuberculosis annually. To date, only a small section of the population
has access to proper medical care.
VI. Current humanitarian situation
70. The Special Rapporteur agrees with the internal assessment of the
humanitarian situation in Myanmar made by the United Nations agencies
present in the country (UNDP, UNICEF, WFP, UNFPA, UNDCP, UNHCR, FAO, WHO
and UNAIDS), as well as with the corresponding need to develop a consistent
approach related to the mandates of the respective United Nations agencies.
71. The Special Rapporteur shares the view that the cost of delaying
assistance will be substantially higher as the magnitude of problems
escalates (for example, HIV/AIDS), human capital degenerates (for example,
increasing illiteracy, low completion rates in primary school), natural
resources diminish and disparities widen (for example, among geographical
regions and among ethnic minorities). Delayed assistance may also have an
escalating effect on the illicit narcotic business, resulting in negative
social impact within Myanmar and in the region, as well as on other
transitional problems, such as illegal migration and population
displacements. The current peripheral or piecemeal assistance provided to
Myanmar is not adequate to reverse or even slow down certain negative
trends. Nor is it sufficient to decrease economic and social disparities,
which pose a potential threat to internal and regional peace and security.
72. The fact that Myanmar has very limited access to official development
assistance (ODA) from developed countries and multilateral financial
institutions, was especially true in the past decade.8 The total annual ODA
currently provided to Myanmar is about US$ 1 per capita compared with US$
35 for Cambodia and US$ 68 for the Lao People's Democratic Republic (1997
figures). As a result, the population's needs are only marginally addressed
by restricted humanitarian assistance provided mostly through the United
Nations system and a few international civil society organizations.
73. The United Nations organizations operating in Myanmar make the utmost
effort to address the most crucial humanitarian concerns in a coordinated
and collaborative manner, within the mandatory operational constraints that
some of them may have. The Special Rapporteur welcomes the fact that the
United Nations Country Team has selected HIV/AIDS, illicit drugs and food
security as three priority areas for consultation and common action based
on its assessment of the country situation.
74. The Special Rapporteur is convinced that humanitarian aid is essential
and appropriate in Myanmar now. However, the Government is responsible for
the creation of a positive environment whereby international assistance
could be given and could effectively reach the most vulnerable sections of
the population, in particular internally displaced women and children,
persons affected by HIV/AIDS and the poor, especially in ethnic minority
States. If aid was to be given with carefully designed monitoring, then the
great chasm between central Myanmar and the ethnic States could be
narrowed, and from the minority perspective, this will most definitely be a
vital way to stabilize the peace and foster reconciliation. This will also
constitute major support for a fragile development progress at this complex
time of transition as Myanmar has moved from low development to medium
human development in four years and ranked one hundred eighteenth on the
human development index of UNDP out of 162 countries.9
VII. Conclusions and recommendations
75. No country in the world can escape international human rights
monitoring. Independent and objective scrutiny of human rights situations
in the modern world has occurred everywhere. As Mr. Ayalla Lasso, the
former United Nations High Commissioner for Human Rights, once said, "in
terms of human rights, all countries are somewhat ill". In consequence of
the evolution and universalization of human rights standards, every country
in every region of the world, North and South, developed and
underdeveloped, faces human rights issues that are waiting to be addressed.
Accordingly, observations presented in this interim report must be
understood as a contribution to a constructive dialogue on human rights
with the Government of Myanmar.
76. The main challenge for all sides in Myanmar is to find ways to
contribute to the restoration of optimum human conditions for all people,
which lies through the path of respect for human rights, human security and
humanitarian principles. Instead of polarization, partisanship and the
demonization of the adversary, weight must be given to a shared ground and
a mutually beneficial dialogue, conducive to genuine reconciliation.
Government, political parties and ethnic groups may not share common views
on everything, but perhaps common goals in a few fundamental areas could be
(and probably are being) identified. In this regard, it is appropriate to
recall at this moment a verse from Buddha's teaching, Vivadam Khemato, that
"all disputes and conflicts are settled by conference and discussion".
77. Every Government must express compassion for the sufferings of its own
people. The Buddha, instructing his five disciples at Isipatana, the deer
sanctuary, immediately after his enlightenment, urged them "to wander
through the land as teachers of compassion for the pain-ridden world, for
the good of many, for the welfare and happiness of many".10 A compassionate
Government promotes social policies that meet the basic needs of the
people. More than ever it is required that the Government of Myanmar adopt
a more "pro-people" stance. The Special Rapporteur is convinced that a
breakthrough that guarantees this course will require at the same time a
new flexibility on the part of the military Government, Western democratic
countries and the international community as a whole.
78. The Special Rapporteur is convinced that the present juncture in
Myanmar seems to favour a consistent strategy that may allow different
actors in and outside the country to work together or towards the same
goals. More than ever it is necessary that all States, especially those
with responsibilities at present because of their role in the past and
those in the region, put a serious emphasis on continuous dialogue and
negotiation with the Government of Myanmar. The Special Reporter also
believes that it would be most beneficial if the international community
could renounce for the time being any aggravation of economic sanctions
and, on the contrary, try to evaluate the effect of sanctions on the most
vulnerable groups of the Myanmar population.
79. The Special Rapporteur is of the view that already at this stage, all
players could start working together on non-political/social issues - one
being, for instance, that of HIV/AIDS prevention. This may well become a
focal point for humanitarian assistance, which may also develop into a
clinic, comprising building a consultative process at the local level,
bringing together the government, opposition, ethnic players and the local
community, and creating an atmosphere of mutual trust.
80. The Special Rapporteur joins his voice to several other voices in the
United Nations, as well as in the academic and international arenas, which
declare that a serious humanitarian situation exists in Myanmar,
particularly affecting the common people. It is not fair to human rights
and humanitarian law principles to defer an adequate humanitarian
assistance until the end of transition, thereby denying cooperation for
promoting human development and fighting poverty. It would also be a
mistake that will have serious consequences by weakening and delaying the
process of building social capital, developing leadership capacity, and
encouraging a more dynamic civil society which will contribute to laying
the foundations for democratic processes. Finally, it must be clear that to
make coordinated efforts to alleviate the humanitarian situation does not
require or imply renouncing the long-term objective of helping democratic
transition: there is no permanent solution for the pressing needs of the
Myanmar peoples outside the framework of a process of transition to
democratic constitutionalism.
81. It is now a good moment to initiate a thorough assessment of the
complex and urgent humanitarian situation in Myanmar. The Special
Rapporteur thinks that diverse proposals made by academics and observers
must be taken into account in adjusting the framework of humanitarian
relief and development. Among those, he highlights the formation of an
international consortium or consultative group of international
non-governmental organizations interested in channelling donor Governments'
co-financing and committed to implementing a package of grass-roots
initiatives in Myanmar. If any international organization could initiate
that process, then the United Nations system could act as an intermediary
with the Government.
82. As a sizeable number of political prisoners still remain in prisons,
with many of them serving long terms, the Special Rapporteur stresses once
more that only the full release of all political prisoners will pave the
way to national reconciliation and the establishment of the rule of law
leading towards the democratization process. No transitional process can be
effective without the release of all political prisoners.
83. As part of national preparation for and follow-up to the special
session of the General Assembly on children in September 2001, especially
in view of the magnitude of the existing problem in Myanmar, the Special
Rapporteur calls on the Government to give priority to the ratification of
the Optional Protocol 11 to the Convention on the Rights of the Child 12 on
the involvement of children in armed conflict. Even if national legislation
providing for 18 years as the minimum age for compulsory recruitment in the
armed forces already exists in Myanmar, the Optional Protocol will add
value, as it calls on States to raise the minimum age from 15 years set in
the Convention for voluntary recruitment in governmental forces.
84. The Special Rapporteur welcomes the cooperation of the Myanmar
Government with ILO on the issue of forced labour and commends as well the
ILO commitment to keep up its engagement with the Myanmar authorities. He
hopes that this expression of good will by the Myanmar Government will soon
lead to a greater compliance of Myanmar with international labour/human
rights standards.
85. Priority must also be given to the ratification of the core human
rights instruments including the International Covenant on Economic,
Social, and Cultural Rights 13 and the International Covenant on Civil and
Political Rights,14 together with the Optional Protocols thereto,15 the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment,16 the International Convention on the Elimination of All
Forms of Racial Discrimination 17 and the Convention on the Elimination of
All Forms of Discrimination against Women.18
Notes
1 See Official Records of the Economic and Social Council, 1992, Supplement
No. 2 (E/1992/22), chap. II, sect. A.
2 Juan Linz and Alfred Stepan, Problems of Democratic Transition and
Consolidation (Baltimore, Maryland, and London, Johns Hopkins University
Press, 1996), pp. 67-68.
3 Robert Taylor, "The constitutional future of Myanmar in comparative
perspective", in Burma: The Challenge of Change in a Divided Society, Peter
Carey, ed. (London, McMillan Press, 1997), p. 65.
4 Martin Smith, "Ethnic conflict and the challenge of civil society in
Burma", in Strengthening Civil Society in Burma, Burma Center Netherlands
Transnational Institute, ed. (Chiang Mai, Thailand, Silkworm Books, 1999),
pp. 15-54.
5 UNDP, Human Development Report, 2000 (New York, Oxford University Press,
2000), box 3.7.
6 See ILO, International Labour Conventions and Recommendations, 1919-1951,
vol. I (Geneva, International Labour Office, 1996), sect. I, Conventions.
7 See General Comment No. 27 (67) concerning article 12 (freedom of
movement) of the International Covenant on Civil and Political Rights,
Official Records of the General Assembly, Fifty-fifth session, Supplement
No. 40 (A/55/40), paras. 11-18 ("Restrictions").
8 Country presentation by Myanmar, Third United Nations Conference on the
Least Developed Countries (2001) (A/CONF.191/CP/3), p. 23.
9 UNDP, Human Development Report, 2001 (New York, Oxford University Press,
2001), Human development indicators, table 1, Human development index.
10 Gustaaf Houtman, Mental Culture in Burmese Crisis Politics, Monograph
Series (Tokyo, Institute for the Study of Languages and Cultures of Asia
and Africa, 1999), p. 220.
11 General Assembly resolution 54/263, annex I.
12 General Assembly resolution 44/25, annex.
13 See General Assembly resolution 2200 A (XXI), annex.
14 Ibid. 15 Ibid.; and General Assembly resolution 44/128 (Second Optional
Protocol aiming at the abolition of the death penalty).
16 General Assembly resolution 39/46, annex.
17 General Assembly resolution 2106 A (XX), annex.
18 General Assembly resolution 34/180, annex.
END OF DOCUMENT
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<font size=3D3>Interim report of the Special Rapporteur of the Commission
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IV. Civil and political rights<br><br>
A. General observations<br><br>
40. The challenges for the promotion of civil and political rights in the=
process of orientation of the present regime towards democratic transition=
are immense. Overall, some positive movement is detectable in the area of=
civil and political rights and the trend is likely to continue. History=
suggests that when a society begins to appreciate the inherent quality and=
strength of a democratic, pluralist and transparent community, the positive=
changes are likely to become irreversible.<br><br>
41. At the same time, the Special Rapporteur is aware, inter alia, through=
the reports of the thematic Special Rapporteurs to the fifty-seventh=
session of the Commission on Human Rights - the Special Rapporteurs on the=
question of torture, on extrajudicial, summary or arbitrary executions, on=
freedom of religion or belief, on the promotion and protection of the right=
to freedom of opinion and expression, on the independence of judges and=
lawyers, and on violence against women - that problems remain.<br><br>
42. The Special Rapporteur has been following since his appointment the=
reports of international and regional non-governmental organizations and=
had the opportunity to benefit from their oral and written representations.=
The Special Rapporteur wishes to convey on this occasion the sincere=
expression of their concern for allegedly gross human rights violations in=
Myanmar and the plight of victims. He hopes that the Government of Myanmar=
will also be able to gain in future from a dialogue with many of those=
civil society organizations. The Special Rapporteur is aware that his=
mandate requires fact-finding and investigation of those allegations. At=
the same time, he believes that his work should go beyond the duplication=
of the excellent role of those organizations. He would therefore wish to=
develop fact-finding of his own by addressing those allegations with the=
interlocutors at the government level and other political actors during his=
next mission to Myanmar.<br><br>
43. The Special Rapporteur is pleased to report that, since the ongoing=
transitional process began, there have been apparent some substantial=
signals indicative of the Government's inclination to engage in a=
constructive dialogue on human rights. Those include several initiatives,=
namely, the dissemination of human rights standards for public officials=
through a series of workshops with the support of the Australian=
Government, the establishment of the governmental Committee on Human=
Rights, releases of political detainees, reopening of NLD branches, the=
continued international monitoring of prison conditions, and the dialogue=
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 ILO.<br><br>
<br>
B. Political prisoners<br><br>
44. The issue of political prisoners has been at the top of the Special=
Rapporteur's agenda since his first contact with the officials of the=
Myanmar Government. He urged the release of political prisoners in all=
successive meetings with government interlocutors, including during his=
first visit to Myanmar.<br><br>
45. On 2 July 2001, the Special Rapporteur sent a letter to the Government=
of Myanmar, referring to his previous discussions on the subject and=
reiterating his commitment to this important issue. While welcoming=
releases from detention of a number of members of the opposition, the=
Special Rapporteur recorded his particular concern about the continued=
detention and imprisonment of the members of the Parliament elect (MPs),=
especially when the Government was engaged in a dialogue with Daw Aung San=
Suu Kyi.<br><br>
46. In annex 1 to his letter, the Special Rapporteur submitted a list of the=
following 12 MPs who had remained in detention without charge or trial in=
government "guest houses": 1. Saw Hlang Aka U Saw Hlaing, Indaw,=
Sagaing; 2. U Khin Maung Win, Okhtwin, Bago; 3. U Myo Win, Kawa, Bago; 4. U=
Tin Htut Oo, Laeway, Mandalay; 5. U Tin Shwe, Waw, Bago; 6. U Tun Kywe,=
Nyaunglebin, Bago; 7. U Aung Soe Myint, Taungngu, Bago; 8. U Hla Thein,=
Tamwe, Yangon; 9. U Thein Myint, Tamwe, Yangon; 10. U Thein Nyunt,=
Thingangyun, Yangon; 11. U Win Myint, Danubyu, Ayeryarwaddy; 12. Dr. Aung=
Moe, Phwint Phyu, Magway.<br><br>
47. In Annex 2, the Special Rapporteur presented a list of another 31 MPs=
who allegedly remained imprisoned on account of their peaceful exercise of=
the rights to freedom of assembly, association and expression: 1. Chit=
Htwe, NLD Myothit 2, Magway; 2. Do Htaung Aka U Do Thawng, NLD Kalay,=
Sagaing; 3. Dr. Aye Kyu, NLD Latputta 2, Ayeyarwady; 4. Dr. Myint Naing Aka=
Than Chaung Aka Maung Than, NLD Kanbalu, Sagaing; 5. Dr. Zaw Myint Maung,=
alias Dr. Myint Aung, NLD Amarapura, Mandalay; 6. Dr. Aung Khin Sint, NLD=
Mingala Thaungnyunt, Yangon; 7. Dr. Than Nyein Aka U Than Nyein, NLD=
Kyauktan 1, Yangon; 8. Dr. Min Soe Lin, Mon National Democratic Party=
(MNDP) Ye 1, Mon State; 9. Dr. Myo Nyunt, NLD Dedaye 1, Ayeyarwady; 10.=
Duwa Zaw Aung, NLD Waingmaw, Kachin State; 11. Khin Maung Swe Aka Ye Kyaw,=
NLD Sanchaung, Yangon; 12. Khun Myint Tun, NLD Thaton, Mon State; 13. Kyaw=
Khin, NLD Taunggyi, Shan State; 14. Kyi Myint, NLD Latha, Yangon; 15. Kyi=
Win, NLD Latputta, Ayeyarwady; 16. May Win Myint, NLD Mayangone, Yangon;=
17. Min Kyi Win, MNDP Mudon, Mon State; 18. Nyunt Hlaing, NLD Myayde 1,=
Bago; 19. Ohn Kyaing Aka Aung Win, NLD Mandalay SE; 20. San San (F), NLD=
Seikkan, Yangon; 21. Saw Naing Naing, NLD Pazundaung, Yangon; 22. Sein Hla=
Oo, NLD Insein 2 Yangon; 23. Soe Myint, NLD Min Minby 1, Magway; 24. U=
Myint Naing, NLD Kantbalu 2, Sagaing; 25. U Saw Oo Reh, NLD Phruso, Kayah;=
26. U Kyin Thein, NLD Kya In Sei Kyi, Kayin; 27. U Kyaw San, NLD Taze 1,=
Sagaing; 28. U Ohn Maung, NLD Nyaunglebin 1, Bago; 29. U Aung Myint, NLD=
Latpadan 1, Bago; 30. U Nyunt Aye, NLD Latpadan 2, Bago; 31. U Kyi Lwin,=
NLD Ngaphae, Magway.<br><br>
48. In pursuance of the understanding he had reached with the Government=
during his April visit, the Special Rapporteur also requested the=
consideration of the release, on humanitarian grounds, of other persons=
imprisoned for political reasons whose cases fell within the categories of=
the old, the ill and those whose sentences had reportedly already expired.=
Annex 3 of his letter contained information regarding the following 5=
individual cases:<br><br>
Case 1: U Win Tin, journalist and one of the veterans of NLD. Arrested on 4=
July 1989, currently serving his 20-year sentence in Insein prison, will be=
78 years old when the sentence is completed. He has continuously suffered=
from poor health during his imprisonment owing to the harsh prison=
conditions. His case was also raised by the Special Rapporteur on the=
question of torture by letter dated 5 October 2000.<br><br>
49. Case 2: Min Ko Naing, student activist and founder of the All Burma=
Federation of Student Unions (ABFSU), arrested on 24 March 1989 and=
sentenced to 20 years' imprisonment (later commuted to 10 years under a=
general amnesty), has been held in solitary confinement for most of his=
imprisonment, which resulted in poor physical and mental health. He is=
reportedly held in Sittway prison, Rackhine State, although he completed=
his sentence in March 1999. He was visited briefly by the Special=
Rapporteur on the situation of human rights in Myanmar in November=
1994.<br><br>
50. Case 3: Dr. Zaw Min, 41 years old, medical doctor and writer, arrested=
on 30 July 1989 for alleged contacts with the Burma Communist Party.=
Sentenced to 20 years' imprisonment (later commuted to 10 years), has been=
held in solitary confinement for significant lengths of time throughout his=
imprisonment, has consequently suffered major psychological damage, is=
currently held in Mandalay prison. He should have been released in 1999 on=
completion of his sentence.<br><br>
51. Case 4: Daw San San Nwe, journalist and writer, mother of six children=
in mid-50s, reportedly arrested in August 1994 for allegedly passing on=
information to foreign journalists, and sentenced to 10 years'=
imprisonment. She is said to be in poor health in Insein prison because of=
high blood pressure, heart problems and paralysis on the right side of her=
body. Her case was also raised by the Special Rapporteur on the question of=
torture by letter dated 5 October 2000.<br><br>
52. Case 5: U Cho Aung Than, 54 years old, assistant (also cousin) to Daw=
Aung San Suu Kyi, arrested with his sister Khin Ma Than and her husband=
Shwe Myint Aung on 13 June 1997 in connection with alleged involvement in=
opposition activities. He is held in an Insein prison and is reportedly in=
poor health because of high blood pressure.<br><br>
53. On 30 July 2001, the Special Rapporteur received a reply from the=
Permanent Representative of Myanmar to the United Nations Office at Geneva=
informing him that all politicians mentioned in annex 1 of his letter had=
been released and sent home by 13 July 2001 except U Khin Maung Win who was=
not in the category of politicians taken to the government guest houses for=
questioning. He was mentioned as serving his sentence for unlawful gambling=
and other criminal offences. Furthermore, the letter informed about the=
release on 2 July 2001 of U Aye Win (Daw Aung San Suu Kyi's cousin). With=
regard to the politicians referred to in annex 2 of the Special=
Rapporteur's letter, Dr. Aye Kyu, Dr. Aung Khin Sint, U Kyi Win and U Nyunt=
Hlaing were said to have been released on 18 July 2001. From the list of=
selected cases in annex 3, Daw San San Nwe (case 4 above) was released on=
18 July, as were U Myint Swe and Daw Nge Ma Ma Than (a close relative of=
Daw Aung San Suu Kyi) (case 5 above) on 26 July. The letter noted that=
these politicians had been released before completion of the terms of their=
respective sentences and that some of the politicians mentioned in annexes=
2 and 3 were serving their respective sentences not for political reasons=
but because of criminal offences. In this connection, it was called to the=
Special Rapporteur's attention that his request has been given careful=
consideration by the authorities and the above-mentioned cases were being=
reviewed on a case-by-case basis. Subsequently, the Special Rapporteur was=
informed of the release on 31 July 2001 of U Khin Maung Win, the only one=
having remained unreleased among those mentioned in annex 1 of his letter,=
together with three other MPs.<br><br>
54. The Special Rapporteur acknowledges that the release of more than 160=
prisoners from jails and guest houses since the beginning of the year is an=
important step in political transition. These included 84 in January, 16 in=
March, at least 27 in June in 5 batches (on 13, 14, 15, 21 and 28 June),=
another 40 in July in 6 batches (on 2, 6, 13, 18, 26 and 31 July), and 2 on=
13 August. Most of those freed were NLD members, including all MPs detained=
without charge or trial, some since July 1998. Among those released were,=
for instance, 83-year-old Dr. Saw Mra Aung, leader of the Arakan League for=
Democracy and a leading member of the Committee Representing the People's=
Parliament; U Soe Thein, editor and MP; and comedians U Pa Pa Lay and U Lu=
Zaw, known as "the Moustache Brothers".<br><br>
55. The Special Rapporteur welcomes these releases but notes that there are=
many cases that he hopes the Government will consider in the near future.=
Among those, for instance, is that of a 71-year-old journalist and founding=
member of NLD, U Win Tin, who is one of 18 media professionals remaining in=
prison. Detained since July 1989, he is serving a 20-year sentence for=
peaceful political activities and is in very poor health. Reportedly, there=
are also 28 MPs, the majority being NLD members. Three NLD leaders -Daw=
Aung San Suu Kyi, U Tin Oo and Aung Shwe -remain under de facto house=
arrest since September 2000. It has been learned, however, from government=
sources that Daw Aung San Suu Kyi and her colleagues can perform social and=
religious activities and are doing so. Some foreigners have been given=
access to her. It has also been observed by the government authorities that=
this is an arrangement made in view of the present dialogue. <br><br>
<br>
C. Political freedoms<br><br>
56. Reportedly, a total of 24 MPs elect operate in exile, of whom 13 are NLD=
members and the remainder members of ethnic parties such as Chin National=
League for Democracy, Democratic Organization for Kayan National Unity,=
Shan Nationalities League for Democracy, Lahu National Development Party,=
Zomi National Congress, and Party for National Democracy.<br><br>
57. In the country, since the start of secret talks with Suu Kyi, "the=
war of words" in the media has stopped and the activities of NLD and=
opposition parties are becoming more visible. In June 2001, 18 out of 40=
NLD offices in eight townships of Yangon Division were permitted to reopen,=
of which 9 could put up their old party signboards. For the first time in=
many years, there has begun a regular communication between the NLD offices=
and their national leadership. Reports indicate that U Lwin and other=
Executive Committee members appear regularly at the NLD Head Office in=
Yangon. Another prominent NLD office in Mandalay Divisions is also said to=
have started functioning. However, whether members can move freely in their=
respective townships is not known as yet.<br><br>
58. Further steps in this direction will contribute to achieving national=
reconciliation and peace and improving the human rights situation in the=
country, including, in particular, through full respect in law and practice=
for the rights to association, participation, and free expression. Civil=
society organizations, trade unions, and media are decisive for the=
promotion of both human rights and human development. In many countries=
undergoing a gradual transition to democracy, civil society organizations=
can take a lead in advancing human rights. Several countries in Asia have=
experienced similar gains. For instance, Indonesia, despite serious=
setbacks and a somewhat complicated political landscape, and the Republic=
of Korea have become more open, recognizing the need to advance cooperation=
with society, thereby advancing the cause of human rights.5 The Government=
of Myanmar in the present juncture could also benefit immensely from=
supporting an environment that can promote grass-roots civil society=
organizations in all walks of life. The existence of 2,000 such=
organizations in Myanmar, with a leading role played by women, is a=
positive fact, but their main focus is limited to social welfare=
issues.<br><br>
59. As noted by the Committee on the Application of Standards during the=
eighty-ninth session of the International Labour Conference (ILC) (June=
2001), serious discrepancies persist between the national legislation and=
practice of Myanmar and the provisions of ILO Convention No. 87 on Freedom=
of Association and Protection of the Right to Organize, 1948 6 (to which=
Myanmar has been a party since 1955). The Committee mentioned this case as=
one of continued failure to implement the Convention and once again=
strongly insisted that the Government adopt, as a matter of urgency, the=
measures and mechanisms necessary to guarantee to all workers and=
employers, the right to join organizations of their own choosing, without=
previous authorization, and the right of these organizations to affiliate=
with federations and international organizations, without interference from=
public authorities.<br><br>
<br>
D. Conditions in prisons<br><br>
60. A number of reports allege the continued prevalence of poor conditions=
in Myanmar prisons; therefore the Special Rapporteur intends to report more=
extensively on the conditions of the prisons in the country after his visit=
to Myanmar in September 2001. In the meantime, he is pleased to note that=
international monitoring of prisons and detention facilities continues to=
take place. Since the beginning of such monitoring in May 1999, the=
International Committee of the Red Cross (ICRC) has been given access to=
prisons, detention places known as guest houses, and labour camps.=
Currently, ICRC has visited - on one or more occasions - 49 places=
throughout the country. The Special Rapporteur takes this opportunity to=
express his respect for ICRC's strict rules of confidentiality.<br><br>
<br>
E. Forced labour<br><br>
61. During the period under review, ILO continued its engagement with the=
Government of Myanmar on the question of forced labour in application of=
the resolution adopted at the eighty-eighth session of ILC (June 2000). The=
Myanmar case was discussed at the two hundred eightieth session of the ILO=
Governing Body (March 2001). ILO sent a mission to Yangon (17-19 May 2001),=
which negotiated with the Government of Myanmar the terms of reference for=
a high-level ILO mission to visit the country later this year, with a view=
to carrying out an objective assessment of the practical implementation and=
actual impact of the framework of legislative, executive and administrative=
measures reported by the Government. The Committee on the Application of=
Standards examined the case of Myanmar at its special sitting (11 June=
2001) during the eighty-ninth session of ILC. The main point at issue was=
the conditions under which the measures requested by ILC in its June 2000=
resolution might be lifted.<br><br>
62. The issue of forced labour in Myanmar was also addressed by the Economic=
and Social Council during its 2001 substantive session. On 25 July 2001,=
the Council adopted by consensus resolution 2001/20, in which it took note=
of the 2000 ILC resolution on action to secure compliance with the=
recommendations of the Commission of Inquiry established by ILO to examine=
the observance of Myanmar of its obligation in respect of the Forced Labour=
Convention, 1930 (No. 29), in which the Conference recommended the=
inclusion of the item in the agenda of the Council. The Council, in that=
resolution, also noted the conclusions adopted by ILC at its eighty-ninth=
session (2001); took note of the understanding concluded between the=
International Labour Office and the authorities of Myanmar regarding an=
objective assessment to be carried out by an ILO high-level mission with=
respect to the practical implementation and actual impact of the framework=
of legislative executive and administrative measures reported by Myanmar=
within the overall objective of the complete elimination of forced labour=
in law and practice, whose composition would be defined by the ILO=
Director-General and whose report would be examined by the November 2001=
meeting of the ILO Governing Body; and requested the Secretary-General to=
keep the Council informed of further developments in that matter.<br><br>
63. The Special Rapporteur welcomes the official ban on the practice of=
forced labour in Myanmar; however, he is fully cognizant of the extent of=
the problem. He intends to report more extensively on the matter after his=
visit to Myanmar in September 2001.<br><br>
<br>
V. Vulnerable groups<br><br>
A. Ethnic minorities<br><br>
64. The Special Rapporteur has received reports about the disquieting=
situation of ethnic minorities, particularly those living in zones of=
counter-insurgency operations (mostly in Shan, Mon, Kayah and Kayin=
States). In those places, reportedly, the immediate and accumulated impacts=
of armed conflict, human rights abuses - including torture, arbitrary=
executions, deliberate killings, indiscriminate use of landmines, pressure=
to join military force exerted by both the government troops and armed=
opposition groups - and the combined effects of poverty, lack of basic=
social infrastructure and attitudes/practices of local authorities make=
people fearful for their lives, their families and their future. As a=
result, many of them seek refuge in neighbouring countries or hide in=
"displaced villages" in the forest. Protection and assistance=
concerns as a result of armed conflict should therefore include, in the=
first place, reaching vulnerable groups such as internally displaced women=
and children. In practice this will be possible when there is a=
humanitarian space, that is to say, a ceasefire for humanitarian purposes=
or, ideally, a nationwide ceasefire which will then also contribute to the=
process of national reconciliation.<br><br>
65. According to several reports, which the Special Rapporteur hopes to be=
able to verify during his forthcoming mission, in some ethnic areas there=
have allegedly been indications of a pattern of "racially/ethnically=
motivated" discriminatory policies. The situation of Muslim and Hindu=
minorities in Arakan State (they number about 1 million) was brought to the=
attention of the Special Rapporteur. Reportedly, as non-citizens they are=
subjected to a rule according to which they are required to obtain=
authorization to travel outside their township. The implementation of this=
rule is said to have been tightened, especially after reported clashes=
between Rakhine Buddhists and Muslims in Sittwe, the State capital, in=
February 2001. The official fee for the application, depending on the=
distance of travel, could be anywhere between 25 and 50,000 kyats (US$=
1000). Allegedly, at present only a few rich people can afford a travel=
authorization. Moreover, reportedly it would be easier to leave Sittwe, but=
very difficult to return to it, in particular from Maungdaw, Buthidaung and=
Rathedaung townships, which are predominantly Muslim and Hindu. Such=
restrictions would affect the livelihood of common Muslims and Hindus,=
compelling some of them eventually to leave the country.<br><br>
66. The Special Rapporteur wishes to recall that under the international=
human rights law, limitations on the exercise of the right to freedom of=
movement are permissible provided they are based on clear legal grounds and=
meet the test of necessity and the requirements of proportionality. More=
importantly, the permissible restrictions should be consistent with=
fundamental principles of equality and non-discrimination.<br>
7<br><br>
B. Children<br><br>
67. Among the areas of concern that are relevant in the discussion of child=
rights in Myanmar, the Special Rapporteur wishes to mention, in particular,=
the problem of child soldiers, regarding which he intends to report in more=
detail after his visit to Myanmar in September 2001. In the view of the=
Special Rapporteur, there is a close nexus between this problem, which is a=
form of child labour, and poverty. At one level, child earnings are=
necessary for family survival and at another level when a household is able=
to forgo the child's income it cannot afford the direct costs of=
schooling.<br><br>
68. Official figures of net enrolment and retention rates of school-age=
children reveal that only half of Myanmar children aged 5 to 15 years=
complete the primary cycle. Based on these figures, it is estimated that 25=
per cent of children never enrol and, out of those who do, only one third=
are able to complete the full five-year cycle of primary schooling.=
Furthermore, approximately one quarter of the children in age group 10-14=
(about 1.25 million children) are engaged in paid work and there is a=
growing number of street children concentrated in urban areas. This is=
further aggravated by the plight of thousands of children and women who=
have become internally displaced or illegal migrants in neighbouring=
countries.<br><br>
69. Child health, tuberculosis and malaria remain major concerns in the=
country. Almost one quarter of Myanmar babies are born underweight, with=
long-term nutritional implications. By the time children reach age 5, 1 in=
3 is moderately to severely malnourished. This is compounded by the fact=
that about 3.6 million children and 1.1 million pregnant women live in=
areas considered to be at high or moderate risk for malaria transmission.=
Furthermore, the country is estimated to have no less than 81,000 new cases=
of tuberculosis annually. To date, only a small section of the population=
has access to proper medical care.<br><br>
<br>
VI. Current humanitarian situation<br><br>
70. The Special Rapporteur agrees with the internal assessment of the=
humanitarian situation in Myanmar made by the United Nations agencies=
present in the country (UNDP, UNICEF, WFP, UNFPA, UNDCP, UNHCR, FAO, WHO=
and UNAIDS), as well as with the corresponding need to develop a consistent=
approach related to the mandates of the respective United Nations=
agencies.<br><br>
71. The Special Rapporteur shares the view that the cost of delaying=
assistance will be substantially higher as the magnitude of problems=
escalates (for example, HIV/AIDS), human capital degenerates (for example,=
increasing illiteracy, low completion rates in primary school), natural=
resources diminish and disparities widen (for example, among geographical=
regions and among ethnic minorities). Delayed assistance may also have an=
escalating effect on the illicit narcotic business, resulting in negative=
social impact within Myanmar and in the region, as well as on other=
transitional problems, such as illegal migration and population=
displacements. The current peripheral or piecemeal assistance provided to=
Myanmar is not adequate to reverse or even slow down certain negative=
trends. Nor is it sufficient to decrease economic and social disparities,=
which pose a potential threat to internal and regional peace and=
security.<br><br>
72. The fact that Myanmar has very limited access to official development=
assistance (ODA) from developed countries and multilateral financial=
institutions, was especially true in the past decade.8 The total annual ODA=
currently provided to Myanmar is about US$ 1 per capita compared with US$=
35 for Cambodia and US$ 68 for the Lao People's Democratic Republic (1997=
figures). As a result, the population's needs are only marginally addressed=
by restricted humanitarian assistance provided mostly through the United=
Nations system and a few international civil society organizations.<br><br>
73. The United Nations organizations operating in Myanmar make the utmost=
effort to address the most crucial humanitarian concerns in a coordinated=
and collaborative manner, within the mandatory operational constraints that=
some of them may have. The Special Rapporteur welcomes the fact that the=
United Nations Country Team has selected HIV/AIDS, illicit drugs and food=
security as three priority areas for consultation and common action based=
on its assessment of the country situation.<br><br>
74. The Special Rapporteur is convinced that humanitarian aid is essential=
and appropriate in Myanmar now. However, the Government is responsible for=
the creation of a positive environment whereby international assistance=
could be given and could effectively reach the most vulnerable sections of=
the population, in particular internally displaced women and children,=
persons affected by HIV/AIDS and the poor, especially in ethnic minority=
States. If aid was to be given with carefully designed monitoring, then the=
great chasm between central Myanmar and the ethnic States could be=
narrowed, and from the minority perspective, this will most definitely be a=
vital way to stabilize the peace and foster reconciliation. This will also=
constitute major support for a fragile development progress at this complex=
time of transition as Myanmar has moved from low development to medium=
human development in four years and ranked one hundred eighteenth on the=
human development index of UNDP out of 162 countries.9<br><br>
<br>
VII. Conclusions and recommendations<br><br>
75. No country in the world can escape international human rights=
monitoring. Independent and objective scrutiny of human rights situations=
in the modern world has occurred everywhere. As Mr. Ayalla Lasso, the=
former United Nations High Commissioner for Human Rights, once said,=
"in terms of human rights, all countries are somewhat ill". In=
consequence of the evolution and universalization of human rights=
standards, every country in every region of the world, North and South,=
developed and underdeveloped, faces human rights issues that are waiting to=
be addressed. Accordingly, observations presented in this interim report=
must be understood as a contribution to a constructive dialogue on human=
rights with the Government of Myanmar.<br><br>
76. The main challenge for all sides in Myanmar is to find ways to=
contribute to the restoration of optimum human conditions for all people,=
which lies through the path of respect for human rights, human security and=
humanitarian principles. Instead of polarization, partisanship and the=
demonization of the adversary, weight must be given to a shared ground and=
a mutually beneficial dialogue, conducive to genuine reconciliation.=
Government, political parties and ethnic groups may not share common views=
on everything, but perhaps common goals in a few fundamental areas could be=
(and probably are being) identified. In this regard, it is appropriate to=
recall at this moment a verse from Buddha's teaching, Vivadam Khemato, that=
"all disputes and conflicts are settled by conference and=
discussion".<br><br>
77. Every Government must express compassion for the sufferings of its own=
people. The Buddha, instructing his five disciples at Isipatana, the deer=
sanctuary, immediately after his enlightenment, urged them "to wander=
through the land as teachers of compassion for the pain-ridden world, for=
the good of many, for the welfare and happiness of many".10 A=
compassionate Government promotes social policies that meet the basic needs=
of the people. More than ever it is required that the Government of Myanmar=
adopt a more "pro-people" stance. The Special Rapporteur is=
convinced that a breakthrough that guarantees this course will require at=
the same time a new flexibility on the part of the military Government,=
Western democratic countries and the international community as a=
whole.<br><br>
78. The Special Rapporteur is convinced that the present juncture in Myanmar=
seems to favour a consistent strategy that may allow different actors in=
and outside the country to work together or towards the same goals. More=
than ever it is necessary that all States, especially those with=
responsibilities at present because of their role in the past and those in=
the region, put a serious emphasis on continuous dialogue and negotiation=
with the Government of Myanmar. The Special Reporter also believes that it=
would be most beneficial if the international community could renounce for=
the time being any aggravation of economic sanctions and, on the contrary,=
try to evaluate the effect of sanctions on the most vulnerable groups of=
the Myanmar population.<br><br>
79. The Special Rapporteur is of the view that already at this stage, all=
players could start working together on non-political/social issues - one=
being, for instance, that of HIV/AIDS prevention. This may well become a=
focal point for humanitarian assistance, which may also develop into a=
clinic, comprising building a consultative process at the local level,=
bringing together the government, opposition, ethnic players and the local=
community, and creating an atmosphere of mutual trust.<br><br>
80. The Special Rapporteur joins his voice to several other voices in the=
United Nations, as well as in the academic and international arenas, which=
declare that a serious humanitarian situation exists in Myanmar,=
particularly affecting the common people. It is not fair to human rights=
and humanitarian law principles to defer an adequate humanitarian=
assistance until the end of transition, thereby denying cooperation for=
promoting human development and fighting poverty. It would also be a=
mistake that will have serious consequences by weakening and delaying the=
process of building social capital, developing leadership capacity, and=
encouraging a more dynamic civil society which will contribute to laying=
the foundations for democratic processes. Finally, it must be clear that to=
make coordinated efforts to alleviate the humanitarian situation does not=
require or imply renouncing the long-term objective of helping democratic=
transition: there is no permanent solution for the pressing needs of the=
Myanmar peoples outside the framework of a process of transition to=
democratic constitutionalism.<br><br>
81. It is now a good moment to initiate a thorough assessment of the complex=
and urgent humanitarian situation in Myanmar. The Special Rapporteur thinks=
that diverse proposals made by academics and observers must be taken into=
account in adjusting the framework of humanitarian relief and development.=
Among those, he highlights the formation of an international consortium or=
consultative group of international non-governmental organizations=
interested in channelling donor Governments' co-financing and committed to=
implementing a package of grass-roots initiatives in Myanmar. If any=
international organization could initiate that process, then the United=
Nations system could act as an intermediary with the Government.<br><br>
82. As a sizeable number of political prisoners still remain in prisons,=
with many of them serving long terms, the Special Rapporteur stresses once=
more that only the full release of all political prisoners will pave the=
way to national reconciliation and the establishment of the rule of law=
leading towards the democratization process. No transitional process can be=
effective without the release of all political prisoners.<br><br>
83. As part of national preparation for and follow-up to the special session=
of the General Assembly on children in September 2001, especially in view=
of the magnitude of the existing problem in Myanmar, the Special Rapporteur=
calls on the Government to give priority to the ratification of the=
Optional Protocol 11 to the Convention on the Rights of the Child 12 on the=
involvement of children in armed conflict. Even if national legislation=
providing for 18 years as the minimum age for compulsory recruitment in the=
armed forces already exists in Myanmar, the Optional Protocol will add=
value, as it calls on States to raise the minimum age from 15 years set in=
the Convention for voluntary recruitment in governmental forces.<br><br>
84. The Special Rapporteur welcomes the cooperation of the Myanmar=
Government with ILO on the issue of forced labour and commends as well the=
ILO commitment to keep up its engagement with the Myanmar authorities. He=
hopes that this expression of good will by the Myanmar Government will soon=
lead to a greater compliance of Myanmar with international labour/human=
rights standards.<br><br>
85. Priority must also be given to the ratification of the core human rights=
instruments including the International Covenant on Economic, Social, and=
Cultural Rights 13 and the International Covenant on Civil and Political=
Rights,14 together with the Optional Protocols thereto,15 the Convention=
against Torture and Other Cruel, Inhuman or Degrading Treatment or=
Punishment,16 the International Convention on the Elimination of All Forms=
of Racial Discrimination 17 and the Convention on the Elimination of All=
Forms of Discrimination against Women.18<br><br>
<br>
Notes<br><br>
<br>
1 See Official Records of the Economic and Social Council, 1992, Supplement=
No. 2 (E/1992/22), chap. II, sect. A.<br><br>
2 Juan Linz and Alfred Stepan, Problems of Democratic Transition and=
Consolidation (Baltimore, Maryland, and London, Johns Hopkins University=
Press, 1996), pp. 67-68.<br><br>
3 Robert Taylor, "The constitutional future of Myanmar in comparative=
perspective", in Burma: The Challenge of Change in a Divided Society,=
Peter Carey, ed. (London, McMillan Press, 1997), p. 65.<br><br>
4 Martin Smith, "Ethnic conflict and the challenge of civil society in=
Burma", in Strengthening Civil Society in Burma, Burma Center=
Netherlands Transnational Institute, ed. (Chiang Mai, Thailand, Silkworm=
Books, 1999), pp. 15-54.<br><br>
5 UNDP, Human Development Report, 2000 (New York, Oxford University Press,=
2000), box 3.7.<br><br>
6 See ILO, International Labour Conventions and Recommendations, 1919-1951,=
vol. I (Geneva, International Labour Office, 1996), sect. I,=
Conventions.<br><br>
7 See General Comment No. 27 (67) concerning article 12 (freedom of=
movement) of the International Covenant on Civil and Political Rights,=
Official Records of the General Assembly, Fifty-fifth session, Supplement=
No. 40 (A/55/40), paras. 11-18 ("Restrictions").<br><br>
8 Country presentation by Myanmar, Third United Nations Conference on the=
Least Developed Countries (2001) (A/CONF.191/CP/3), p. 23. <br><br>
9 UNDP, Human Development Report, 2001 (New York, Oxford University Press,=
2001), Human development indicators, table 1, Human development=
index.<br><br>
10 Gustaaf Houtman, Mental Culture in Burmese Crisis Politics, Monograph=
Series (Tokyo, Institute for the Study of Languages and Cultures of Asia=
and Africa, 1999), p. 220.<br><br>
11 General Assembly resolution 54/263, annex I.<br><br>
12 General Assembly resolution 44/25, annex.<br><br>
13 See General Assembly resolution 2200 A (XXI), annex.<br><br>
14 Ibid. 15 Ibid.; and General Assembly resolution 44/128 (Second Optional=
Protocol aiming at the abolition of the death penalty).<br><br>
16 General Assembly resolution 39/46, annex.<br><br>
17 General Assembly resolution 2106 A (XX), annex.<br><br>
18 General Assembly resolution 34/180, annex.<br><br>
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