Statements and reports by the Special Rapporteur on Myanmar and the High Commissioner for Human Rights to regular sessions of the Human Rights Council

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Description: "Human Rights Council Fifty-second session 28 February–31 March 2023 Agenda item 4 Human rights situations that require the Council’s attention Situation of human rights in Myanmar Summary Two years after Myanmar’s military launched an unconstitutional coup d’état and formed the State Administration Council, the country is in freefall. As opposition groups gain strength and the SAC’s control over territory and the people of Myanmar erodes, the military has doubled down on its brutal tactics, sowing violence and chaos across an everwidening sphere of conflict. In recent months, the military has stepped up aerial attacks, bombing villages, schools, medical facilities, and encampments for internally displaced persons. The SAC’s campaign of mass arson continues, with roughly 58,000 homes and civilian structures burned since the coup. More than 1.3 million people have been displaced in the past two years, and more than 3,000 civilians have been killed. The SAC continues to suppress all forms of dissent as it attempts to impose a militarydominated future on the people of Myanmar. More than 16,000 political prisoners are now behind bars. The SAC has sought to legitimize its efforts to crush civic space and control local and international organizations by establishing a draconian Organization Registration Law. Despite extending a nationwide state of emergency through July 2023, the junta continues to make plans to hold sham elections in a desperate attempt to claim legitimacy and gain international recognition. The humanitarian and human rights crisis in Myanmar has had a destabilizing effect on the region. Since the coup, hundreds of thousands of people have fled to neighboring countries in search of safety and opportunity. Countries and communities hosting refugees from Myanmar deserve credit for offering shelter and support to people who, in many cases, have been literally forced to run for their lives. However, considered in its entirety, the international community’s treatment of those fleeing Myanmar has been wholly inadequate. Myanmar nationals in neighboring countries enjoy few legal protections and face the risk of arrest, detention, deportation, pushbacks at land and sea, and obstruction of their access to UNHCR, refugee status determination, and resettlement. Higher income countries have failed to share responsibility for the crisis, offering paltry resettlement quotas and inadequate contributions to humanitarian relief programs. In this report, the Special Rapporteur calls on Member States to fulfil their obligations toward people from Myanmar by offering shelter and support, refraining from acts that endanger their human rights, and working towards durable solutions for refugees and other Myanmar nationals outside their country..."
Source/publisher: UN Human Rights Council (Geneva) via "Reliefweb" (New York)
2023-03-09
Date of entry/update: 2023-03-10
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Description: "Human Rights Council Forty-ninth session 28 February–1 April 2022 Agenda item 4 Human rights situations that require the Council’s attention Summary Thirteen months after launching a coup against the government, an illegal military junta has waged a relentless war against the people of Myanmar and their fundamental rights. The results have been devastating. Junta forces have killed at least 1,600 civilians and displaced over 500,000. Half of the population has fallen into poverty. The World Health Organization is now projecting that there will be over 47,000 preventable deaths in Myanmar this year. Thirteen million people face food insecurity. This report highlights some of the most serious human rights violations in Myanmar during the period September 2021 through February 2022. It documents the military’s violent attacks on civilian populations, including airstrikes, mortaring, arson, extrajudicial killings, and the use of forced labor and human shields. The report describes the junta’s campaign to arrest and imprison activists, journalists, peaceful protesters and other opponents. It documents the junta’s criminalization of fundamental rights such as freedom of speech and assembly. It also shares the experiences of those who have faced torture and other illtreatment during periods of detention. Many of these attacks constitute probable crimes against humanity and/or war crimes, and perpetrators must be brought to justice. The report describes the efforts of the people of Myanmar to oppose the military junta and defend their nation. Led by large numbers of young people, including many young women, protest organizers have demonstrated great skill, tenacity and creativity in the mobilization of opposition despite the near constant threat of imprisonment or death. The Special Rapporteur is inspired by their conviction and tireless efforts. To succeed, the people of Myanmar need a much stronger level of support from the international community. The report concludes with specific recommendations that he urges UN Security Council and Member States to take. I. Introduction More than 13 months after overthrowing a democratically elected government, the Myanmar junta has intensified its war against the people of Myanmar. The military has escalated its indiscriminate attacks against civilians using jet fighters, attack helicopters and heavy artillery, and soldiers have burned entire villages to the ground. Civilians and combatants have been tortured, raped, executed and used as human shields. The scale of these atrocities is immense. According to conservative estimates, at least 1,600 civilians have been killed by the junta’s forces. Nearly 10,000 people are currently detained because of their opposition to military rule, and the junta has amended the legal code to further criminalize the exercise of fundamental rights including the rights to freedom of expression and assembly. More than 500,000 people have been displaced since the coup bringing the current number of internally displaced persons (IDPs) in Myanmar to over 800,000. Tens of thousands who have sought safety in Bangladesh, India and Thailand have joined the approximately one million refugees from Myanmar in neighboring countries. Many of the junta’s human rights violations constitute probable crimes against humanity and war crimes. Those responsible must be held to account. This report highlights some of the most serious human rights concerns in Myanmar during the period September 2021 through February 2022. It documents the military’s violent attacks on civilian populations, including airstrikes, mortaring, arson, extrajudicial killings, and the use of forced labor and human shields. These attacks have created and exacerbated the dire humanitarian crisis that now grips the country, threatening the livelihoods, health and lives of millions. The report describes the junta’s campaign to arrest and imprison thousands of activists, journalists, peaceful protesters and other opponents. It also shares the experiences of those who have faced torture and other ill-treatment during periods of detention. The Special Rapporteur describes the particular dangers and human rights challenges faced by women and children and outlines the junta’s efforts to criminalize and otherwise suppress fundamental rights and freedoms. This report also describes the dire human rights situation for Rohingya populations in Rakhine State, including those who are confined to IDP camps. In December 2021, the Special Rapporteur traveled to Bangladesh, as part of his overall assessment of the human rights situation of the Rohingya people of Myanmar. In an annex to this report, the Special Rapporteur reflects on his trip, noting the role that the people and government of Bangladesh played in saving untold numbers of Rohingya as they fled the genocidal attacks of the Myanmar military in Rakhine State. He makes recommendations with respect to the protection of and support to Rohingya in the refugee camps in Cox’s Bazar and on Bhasan Char island. The report follows the publication in February 2022 of the Special Rapporteur’s conference paper on arms sales to the Myanmar military (A/HRC/49/CRP.1). It underscores concerns raised in the paper, namely that several nations continue to sell or authorize the transfer of weapons of war to the Myanmar military, despite knowledge that the weapons are almost certain to be used in attacks against civilians. These transfers violate international law. Many people in Myanmar—including the victims of human rights abuses and their family members, some of whom are highlighted in this report—have told the Special Rapporteur that they are profoundly disappointed with the failure of the international community to act decisively to help prevent atrocities and hold perpetrators accountable. The Special Rapporteur reiterates his call to the UN Security Council to adopt a resolution imposing an arms embargo and targeted economic sanctions against the Myanmar military and referring the situation in Myanmar to the International Criminal Court. He elaborates steps that Member States should take in the absence of Security Council action. The Special Rapporteur notes the strong and swift action taken by Member States on behalf of the people of Ukraine and implores the international community to act similarly to protect the people of Myanmar. They too are under siege by a brutal and relentless military attack. The Special Rapporteur reiterates his deep admiration for the courage and resilience of the Myanmar people. He has been inspired by the bravery of survivors of human rights violations who have taken great personal risks to speak with him, by the resourcefulness of activists who have found new and creative ways to challenge military rule, and by the resilience of communities that have repeatedly rebounded from attacks over many months, years or decades. The Special Rapporteur is honored to share their stories, and their words, in this report. He is also grateful to the non-governmental and civil society organizations, human rights defenders, local human rights groups, Member States and United Nations programs and agencies that contributed to this report..."
Source/publisher: UN Human Rights Council via "Reliefweb" (New York)
2022-03-16
Date of entry/update: 2022-03-17
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Description: "The UN Special Rapporteur on the situation of human rights in Myanmar, Tom Andrews, today welcomed the call by a broad number of civil society organizations to impose an arms embargo on Myanmar's military junta, and encouraged States to take their own actions immediately. "Stopping the flow of weapons and dual-use weapons technology into the hands of the military junta of Myanmar is literally a matter of life and death. There is no time to lose," said Andrews. "I applaud the efforts of more than 200 organisations to bring this to the attention of the UN Security Council. Action to stop the flow of deadly weapons into the hands of those who are using them to massacre their own people is needed now. "I urge governments who support cutting the flow of weapons to a brutal military junta to consider immediately establishing their own arms embargo against Myanmar while simultaneously encouraging UN Security Council action. "Bilateral arms embargoes should encompass weapons and dual-use technology, including surveillance equipment. Together, they will represent an important step forward to literally taking guns out of the hands of those killing innocent men, women and children." Andrews said he was currently updating a list of States that have established arms embargoes against Myanmar. In his March report* to the Human Rights Council, he identified those nations that had already established arms embargoes against Myanmar. "It is my hope that those who have yet to impose an arms embargo will do so in light of the horror that the Myanmar military continues to inflict on its citizens every day. I intend to publish this updated list next month," he said. "Additionally, I urge organizations and advocates who have called for UN Security Council action to simultaneously urge governments to impose their own arms embargo. They can begin by carefully reviewing the list of nations who have established arms embargoes, and reach out to those who have yet to do so."..."
Source/publisher: Office of the United Nations High Commissioner for Human Rights
2021-05-07
Date of entry/update: 2021-05-08
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Description: Summary: "The present report of the Special Rapporteur on the situation of human rights in Myanmar is submitted pursuant to Human Rights Council resolution 43/26. In the report, the Special Rapporteur reflects on the human rights situation before and after the military coup and makes recommendations to protect and promote human rights in Myanmar....."Introduction:" The military coup, initiated by Senior General Min Aung Hlaing and senior military officers, had an immediate impact on the political, social, and economic landscape in Myanmar and on fundamental human rights issues. Given the gravity of the human rights violations associated with the military takeover and Resolution S-29/1, adopted by the Human Rights Council at the 29th Special Session on 12 February 2021, the main body of this report will primarily focus on events in Myanmar following the 1 February 2021 coup. 2. This document reports on the human rights situation in Myanmar as of 1 March 2021. Annex I describes the human rights situation throughout 2020 and up to the coup. If not for the coup, Annex I would have formed the substantial body of this report. 3. The Special Rapporteur’s meetings in Myanmar have been, by necessity, virtual. He formally requested a visit to Myanmar by letter to State Counsellor Aung San Suu Kyi on his first day and was informed that, due to the pandemic, a country visit would not be possible. He has subsequently reiterated that request. While unable to undertake a country visit, he conducted extensive research on the human rights situation in Myanmar both pre- and postcoup, meeting virtually with a wide variety of sources, including members of civil society, journalists, human rights defenders, activists, members of parliament, international organizations, members of the diplomatic community, international human rights mechanisms and the business community. The Special Rapporteur appreciates the valuable information and analysis provided by all interlocutors and stresses that this report would not be possible without their support..."
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Source/publisher: United Nations Human Rights Council (A/HRC/46/56)
2021-03-04
Date of entry/update: 2021-04-20
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Description: "Following the submission of the first report of the Independent Investigative Mechanism for Myanmar to the Human Rights Council on 7 August 2019, the SecretaryGeneral deemed the Mechanism operational as at 30 August 2019. In its first year of operations, the Mechanism has been focused on ramping up its operations and activities on various fronts, including its operational and administrative processes, its engagement with relevant entities and stakeholders, and the implementation of its substantive mandate. Significant progress has been made in all of these areas, which will be elaborated upon in the present report. Adjustments to the Mechanism’s plans became necessary, however, following the emergence of the global coronavirus disease (COVID-19) pandemic. The pandemic forced disruptions in the Mechanism’s onboarding of staff and its operational plans for 2020. It has also created some uncertainty regarding its operations for the remainder of 2020 and 2021, particularly with respect to its ability to conduct missions for engagement and evidence-collection purposes. Nonetheless, since the onset of the pandemic, the Mechanism has largely been able to continue its work by adjusting and adapting its operations and processes in accordance with the changes in circumstances. The Mechanism will continue to do so and will implement its mandate to the best of its ability despite ongoing restrictions and limitations. Moving forward, the Mechanism will seek to further expand its collection, preservation and analysis activities, which will be supported by missions if circumstances related to the COVID-19 pandemic allow. It will also seek to expand the procurement of the necessary technical equipment, software and specialized capabilities. In addition, the Mechanism will remain proactive in sharing evidentiary materials with courts and tribunals when all appropriate conditions, including the safety, security and privacy of information providers, are satisfied. Finally, the Mechanism will continue to implement its engagement and public outreach strategy in order to provide up-to-date and accurate information regarding the Mechanism to its various stakeholders. In order to deliver on its mandate, the Mechanism will continue to assess the relevant circumstances, including with regard to the COVID-19 pandemic; review its methodology and practices; and strengthen its operations through creative and flexible solutions. Ultimately, the Mechanism aims to resolve the various challenges that are likely to arise and collect all relevant evidence in an efficient and effective manner, in order to enable perpetrators of serious international crimes in Myanmar to be brought to justice..."
Source/publisher: United Nations Human Rights Council (A/HRC/45/60)
2020-07-07
Date of entry/update: 2021-04-17
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Description: "S-29/1. Human rights implications of the crisis in Myanmar The Human Rights Council, Guided by the purposes and principles of the Charter of the United Nations, reaffirming the Universal Declaration of Human Rights, and recalling the International Covenants on Human Rights and other relevant instruments, Expressing deep concern at the declaration of the state of emergency imposed in Myanmar by the military on 1 February 2021, Deploring the arbitrary detention of democratically elected members of the Government, including State Counsellor Aung San Suu Kyi and President Win Myint, and other persons arbitrarily detained, Expressing concern at the restrictions on civil society, journalists and media workers, Emphasizing that States have the primary responsibility for the promotion and protection of human rights and that the Myanmar military and other security forces and authorities should respect the right to peaceful assembly and refrain from using any unnecessary or excessive force against the public, Emphasizing also the need for continued support for the democratic transition in Myanmar, and stressing the need to uphold democratic institutions and processes, Reaffirming its strong commitment to the sovereignty, political independence, territorial integrity and unity of Myanmar, Reiterating its strong support for regional organizations, in particular the Association of Southeast Asian Nations, for their initiatives and efforts to respond to the recent developments in Myanmar, and welcoming the statement made by the Association’s Chairman on 1 February recalling the purposes and principles enshrined in the Charter of the Association, including adherence to the principles of democracy, the rule of law and good governance, and respect for and the protection of human rights and fundamental freedoms, Taking note of the press statement issued by the Security Council on 4 February 2021 on the situation in Myanmar, 1. Deplores the removal of the Government elected by the people of Myanmar in the general election held on 8 November 2020, and the suspension of mandates of members of all parliaments, and calls for the restoration of the elected Government; 2. Calls urgently for the immediate and unconditional release of all persons arbitrarily detained, including State Counsellor Aung San Suu Kyi and President Win Myint, and others, and the lifting of the state of emergency; 3. Stresses the need to refrain from violence and to fully respect human rights, fundamental freedoms and the rule of law; 4. Strongly calls upon the Myanmar military and other security forces and authorities to take steps immediately to protect the rights to freedom of opinion and expression, religion or belief, association and peaceful assembly in accordance with international human rights law, and to ensure that members of civil society organizations and the media are able to operate freely and without fear of violence, harassment or intimidation; 5. Calls for the immediate lifting of restrictions on the Internet, telecommunications and social media, in accordance with international human rights law; 6. Also calls for safe and unimpeded humanitarian access to all people in need, including through the re‑establishment of United Nations relief flights; 7. Strongly encourages the pursuance of dialogue and reconciliation in accordance with the will of the people of Myanmar, and recalls the role of the Special Envoy of the Secretary-General on Myanmar in this regard; 8. Stresses the need to address the root causes of the crisis in Rakhine State and to create the conditions necessary for the safe, voluntary, sustainable and dignified return of displaced persons, including of Rohingya Muslims and other minorities; 9. Requests the United Nations High Commissioner for Human Rights and the Special Rapporteur on the situation of human rights in Myanmar to assess the current situation of human rights in Myanmar, and to provide updates thereon in their reports to the Human Rights Council, calls upon the Myanmar authorities to engage and cooperate with United Nations human rights mechanisms, and requests the Secretary-General to provide the High Commissioner and the Special Rapporteur with increased assistance and the resources and expertise necessary to enable them to discharge their mandates fully; 10. Decides to remain seized of this matter..."
Source/publisher: United Nations (A/HRC/RES/S-29/1)
2021-02-12
Date of entry/update: 2021-04-05
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Description: Summary: ''The present report of the Special Rapporteur on the situation of human rights in Myanmar is submitted pursuant to Human Rights Council resolution 37/32. The report builds on previous Special Rapporteur reports to identify progress and challenges in human rights issues, and makes recommendations for the furtherance of human rights of all people in Myanmar...'' Conclusion: ''The international community must keep apprised of the situation in Myanmar, keeping it at the top of its agenda. It is only through the international community’s actions that justice can be brought about in Myanmar. The people of Myanmar have endured decades of abuse; international inaction, or delayed action, is a further injustice. Concrete action to advance human rights, accountability and the democratic transition in Myanmar must be taken by the international community immediately. The member states of the United Nations and its agencies must stand together with one united approach in relation to Myanmar. This applies to the Rohingya situation, including their repatriation to Myanmar and their overall circumstances in Rakhine, as well as the situation of people in conflict-affected areas throughout Myanmar who must be involved in decisions about their future...'' Recommendations: "The Special Rapporteur reiterates all of her previous recommendations addressed to the Government of Myanmar that have not yet been implemented. The Special Rapporteur recommends that the Government of Myanmar: (a) In relation to resource extraction and infrastructure development: (b) In relation to land rights: (c) In relation to economic, social and cultural rights: (d) Together with EAOs, in relation to armed conflict and violence, and the peace process: (e) In relation to refugees and IDPs: (f) In relation to the democratic space and rule of law: (g) Open an Office of the High Commissioner for Human Rights country office with a fully-fledged mandate...''
Creator/author: Yanghee Lee
Source/publisher: United Nations (A/HRC/40/68)
2019-03-05
Date of entry/update: 2019-03-10
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Language: English
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Description: (Advance unedited version)..."The present report, submitted pursuant to Human Rights Council resolution 34/24, covers developments in Myanmar since the previous reports of the Special Rapporteur on the situation of human rights in Myanmar, Yanghee Lee, to the Human Rights Council in March 2017 (A/HRC/34/67) and oral progress report in June 2017; and to the General Assembly in October 2017 (A/72/382)......Conclusion: "Accountability must be the focus of the international community?s efforts to bring long-lasting peace, stability and democratization to Myanmar. This must be aimed at the individuals who gave the orders and carried out violations against individuals and entire ethnic and religious groups. The government leadership who did nothing to intervene, stop, or condemn these acts must also be held accountable. To date, accountability for the crimes committed following 25 August 2017, and 9 October 2016, is elusive. A repeat of violence in Rakhine State was foreseeable and, as such, possibly preventable. As more information about the post - 25 August 2017 violence becomes available and following the Special Rapporteur?s mission to Bangladesh, she is increasingly of the opinion that the events bear the hallmarks of genocide and therefore calls in the strongest terms for accountability. The Special Rapporteur calls for a thorough , impartial and credible investigation to be conducted without delay and perpetrators to be held responsible for the alleged crimes that were committed in Rakhine State since 9 October 2016 and 25 August 2017 , and the violations that continue today . To do so, it is imperative to establish a documentation structure to collect , map and preserve evidence of human rights violations and abuses , and testimony from refugees in Cox?s Bazar..." This substantial report contains 3 annexes including a set of 90 questions to the Government of Myanmar.
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Source/publisher: United Nations (A/HRC/37/70)
2018-03-09
Date of entry/update: 2018-03-10
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Description: "Mr. President, distinguished representatives, ladies and gentlemen, I am honoured to present today my third report to this Council in my capacity as the Special Rapporteur on the situation of human rights in Myanmar. I am conscious that this Government is only now nearing its first anniversary in power and that not only has it inherited formidable human rights challenges from the previous Government, it also has to meet with exceedingly high expectations from its people as well as the international community."
Source/publisher: UN Human Rights Council
2017-03-13
Date of entry/update: 2017-05-08
Grouping: Individual Documents
Language: English
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Description: Summary: "Nearly one year since the new government assumed office, it continues to face formidable human rights challenges. In this report, the Special Rapporteur builds on previous reports to identify some of these challenges, and makes related recommendations..." Conclusions: 82. It has been almost one year since the new Government came to power. The Special Rapporteur has already noted in her previous report the formidable human rights challenges it faces while simultaneously having to navigate and direct a bureaucracy carried over from the previous Government as well as govern within the constraints of a Constitutional framework which gives precedence to military prominence over civilian authority. She recalls that the consolidation of democracy and the creation of a culture of respect for human rights is a complex undertaking requiring political will as well as sustained investment in not just enhancing the functioning and integrity of State institutions but also their accountability. 83. While improvements have been seen in some areas and some are making clear efforts, as the Special Rapporteur reflected after her recent visit, many ordinary Myanmar people have unfortunately begun to lose hope that the new Government will address their needs and concerns. This is undoubtedly at least partially due to the continued impunity enjoyed by the military and other security forces and their dominant position in the government. Trust that was placed in the new civilian leadership has started to wane with repeated incidents that carry the hallmarks of the previous Government. Where allegations of abuses and violations are suspected, the Government appears quick to resort to its standard position of ?defend, deny, and dismiss.? 84. Addressing the apparent climate of impunity will be vital for the new Government moving forward. Impunity arises from a failure by States to meet related obligations including to investigate violations; take appropriate measures in respect of the perpetrators by ensuring that those suspected of criminal responsibility are prosecuted, tried and duly punished; provide victims with effective remedies; and take other necessary steps to prevent recurrence of violations. Pervasive impunity also emboldens acts of retaliation and reprisals by those implicated by alleged abuses and violations. 85. Currently, existing policies, laws and avenues for redress appear to favour those in positions of power rather than to ensure that everyone is equal before law and has equal opportunity to have legitimate grievances addressed. Laws continue to be misused to stifle freedom of association and assembly, and subvert freedom of opinion and expression. Individuals who have lived on land for generations continue to face evictions without proper safeguards for projects which bring them little or no benefits. Conflict, which continues to have a devastating effect on civilians, sometimes appears to be focused around resource-rich areas or near lucrative projects. 86. The Special Rapporteur reminds the Government of the distinction between rule of law and rule by law as far too often issues of concern are explained away as having been dealt with ?according to the law.” Too often also cases of abuses and serious, even grave, human rights violations, that potentially involve the State as the perpetrators, get closed with no explanation or dealt with in secrecy under the pretext of national security. Alternatively, a plethora of committees or commissions are set up to tackle the same issue with duplicative mandates, insufficient guarantees of independence and impartiality, and confusing, inconclusive and delayed outcomes. Where the State is unable to discharge its primary duty of investigating violations, taking appropriate measures against perpetrators, and providing victims with effective remedies, then it must seek assistance to do so. And when it is unwilling to do so, then the international community must step in and step up.".....The report also contains recommendatioins and as an Annex, a set of Proposed joint SR-Government benchmarks.
Creator/author: Yanghee Lee
Source/publisher: United Nations (A/HRC/34/67)
2017-03-01
Date of entry/update: 2017-03-15
Grouping: Individual Documents
Language: English
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Description: The Annex contains an important list of "SELECTED LEGISLATION IN NEED OF REFORM IN MYANMAR"..... Introduction: "1. The present report, submitted pursuant to Human Rights Council resolution 28/23, covers human rights developments in Myanmar since the reports of the Special Rapporteur to the Council in March 2015 (A/HRC/28/72) and to the General Assembly in October 2015 (A/70/412). Building on these and other past reports, it identifies key priority areas for the new Government in order to address prevailing human rig hts concerns. 2. Four years of wide-ranging reforms have brought fundamental changes to Myanmar. Thousands of political prisoners were released, num erous laws were adopted or reformed, and significant steps were taken towards greater media freedom and government transparency. The general elections on November 2015 were positively assessed by national and international observers (despite some irregularities and pre-election concerns) and saw the National League for Democracy (NLD) win an absolute majority. 3. The new Government will now face formidable human rights challenges. The transition period following the elections has been smooth and peaceful but also one of great uncertainty. Allegations of human rights violations continue to be reported, including arrests and prosecutions of civil society actors for peaceful a nd democratic activities. At this important juncture, the new Government should not only furthe r the reforms initiated by outgoing President Thein Sein but also create an environment in which communities, civil society actors and human rights defenders can speak out and peacef ully protest without fear of reprisal. The international community should remain engaged and s upport Myanmar in furthering reforms and in fulfilling its international human rights obligations...".....This version, the Advance Edited Version of 18 March 2016, updates the Advance Unedited Version dated 8 March 2016.
Creator/author: Yanghee Lee
Source/publisher: UN Human Rights Council (A/HRC/31/71) - Advance Edited Version
2016-03-18
Date of entry/update: 2016-05-13
Grouping: Individual Documents
Language: English
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Description: Summary: "Since 2011, Myanmar has undergone far-reaching changes that have affected many aspects of life in the country. However, there continue to be signs of backtracking by the Government and increasing concerns over discrimination and ethnic conflict. The present report sets out the Special Rapporteur?s key areas of focus and recommendations aimed at contributing to Myanmar?s efforts towards respecting, protecting and promoting human rights and achieving democratization, national reconciliation and development"
Creator/author: Yanghee Lee
Source/publisher: United Nations Human Rights Council (A/HRC/28/72) - Advanced Unedited Version
2015-03-09
Date of entry/update: 2015-03-09
Grouping: Individual Documents
Language: English
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Description: This is the text the Special Rapporteur read from at the beginning of his Interactive Dialogue of 17 March. See the Alternate URL for the video.
Source/publisher: United Nations Human Rights Council (25th Session)
2014-03-17
Date of entry/update: 2014-07-24
Grouping: Individual Documents
Language: English
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Description: Summary: "This report looks at the current situation of human rights in Myanmar as well as reflects on the extent of progress made during the course of Mr. Tom?s Ojea Quintana?s six years on the mandate.".....Contents: Introduction... Human rights situation... Prisoners of conscience... Conditions of detention and treatment of prisoners... Freedom of opinion and expression... Freedom of peaceful assembly and association... Human rights concerns in the context of development... Situation in ethnic border areas... Situation in Rakhine State... Democratic transition and establishing the rule of law... Truth, justice and accountability... Recommendations.
Creator/author: Tomás Ojea Quintana
Source/publisher: United Nations (A/HRC/25/64) -Advanced Unedited Version
2014-04-02
Date of entry/update: 2014-03-14
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Language: English
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Description: "This report looks at the impact of ongoing reforms on the human rights situation in Myanmar, assessing positive developments, shortcomings, areas that remain unaddressed and gaps in implementation"
Creator/author: Tomás Ojea Quintana
Source/publisher: United Nations Human Rights Council - 22nd Session (A /HRC/22/58)
2013-04-17
Date of entry/update: 2013-05-27
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Language: Chinese
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Description: "This report looks at the impact of ongoing reforms on the human rights situation in Myanmar, assessing positive developments, shortcomings, areas that remain unaddressed and gaps in implementation"
Creator/author: Tomás Ojea Quintana
Source/publisher: United Nations Human Rights Council (A/HRC/22/58)
2013-04-17
Date of entry/update: 2013-03-12
Grouping: Individual Documents
Language: English
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Description: Summary: "The recent wave of reforms has had a positive impact on the situation of human rights in Myanmar. The upcoming by-elections on 1 April 2012 will be a key test of how far the Government has progressed in its reform process. There is, however, a risk of backtracking on the progress achieved to date. At this crucial moment in the country?s history, remaining human rights concerns and challenges should be addressed, and justice and accountability measures, as well as measures to ensure access to the truth, should be taken."
Creator/author: Tomás Ojea Quintana
Source/publisher: United Nations (A/HRC/19/67)
2012-03-07
Date of entry/update: 2012-03-14
Grouping: Individual Documents
Language: English
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Description: Summary: "Myanmar undertook national elections for the first time in over two decades on 7 November 2010. One week later, Daw Aung San Suu Kyi was released unconditionally upon the end of her house arrest term. The new national parliament began meeting on 31 January 2011. Amidst much uncertainty, there appears to be some cautious optimism that positive change may be possible. Among those changes that the people of Myanmar dare to hope for is the realization of their economic, social and cultural rights. For this reason, the Special Rapporteur begins to address in the present report the subject of economic, social and cultural rights, starting with the right to education."
Creator/author: Tomás Ojea Quintana
Source/publisher: Human Rights Council (A/HRC/16/59)
2011-03-07
Date of entry/update: 2011-03-13
Grouping: Individual Documents
Language: English
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Description: SUMMARY: "The present report, submitted pursuant to Human Rights Council resolution 10/27, covers human rights developments in Myanmar since the Special Rapporteur?s second report to the Human Rights Council (A/HRC/10/19) and the submission of his report to the General Assembly (A/64/318) in October 2009. The Special Rapporteur has travelled to Myanmar three times. He conducted his third country visit from 15 to 19 February 2010 at the invitation of the Government, which had postponed planned visits several times. The present report elaborates on the issues related to the protection of human rights. The Security Council, the Secretary-General, the Human Rights Council, Government representatives from many nations, Nobel laureates and other respected leaders have all called for the release of Aung San Suu Kyi and the more than 2,100 prisoners of conscience. However, the Government of Myanmar has not yet met this important step in its preparations for transition to democracy in the lead-up to the 2010 election. Likewise, the international community has urged the Government of Myanmar to announce an election date and an electoral framework that adheres to international standards for a free, fair, participatory and transparent election process. The basic rights to food, shelter, health and education, which are not only human rights in and of themselves, but are also essential for the exercise of other human rights, are denied to far too many of the people of Myanmar. At the same time, conflicts along the border areas continue to abet serious human rights abuses against civilian populations, including the ongoing recruitment of child soldiers. The Special Rapporteur is deeply concerned about the systematic and endemic discrimination faced by the Muslim community in Northern Rakhine State. This discrimination, which is framed as an immigration problem, leads to basic and fundamental human rights being denied to this population. Measures taken against this population include the restriction of movement, limitations on permission to marry, and forced labour. As the Special Rapporteur stated in previous reports, there is a pattern of gross and systematic violation of human rights which has been in place for many years and still continues. Given the extent and persistence of the problem, and the lack of accountability, there is an indication that those human rights violations are the result of a State policy, originating from decisions by authorities in the executive, military and judiciary at all levels. The Government of Myanmar needs to take prompt and effective measures to investigate these facts."
Creator/author: Tomás Ojea Quintana
Source/publisher: United Nations (A/HRC/13/48)
2010-03-10
Date of entry/update: 2010-03-13
Grouping: Individual Documents
Language: English
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Description: Summary: "The present report, submitted pursuant to Human Rights Council resolution 8/14, mainly covers human rights developments in Myanmar since the Special Rapporteur's interim report submitted to the General Assembly (A/63/341). The Special Rapporteur has travelled twice to Myanmar and has established constructive working relations with its Government. He would like to thank the Government for its hospitality and cooperation during the missions and also in discharging his mandate. In the report, the Special Rapporteur elaborates on issues relating to the protection of human rights. In particular, he concentrates on the situation of prisoners of conscience, their right to a fair trial and due process of law and conditions of their detention; as well as freedom of expression, assembly and association in the context of the upcoming elections in 2010. He reviews internal conflicts with regard to international humanitarian law and protection of civilians and issues of discrimination and the need for humanitarian assistance. The Special Rapporteur reiterates his recommendation of four core human rights elements: a review of national legislation in accordance with the new Constitution and international obligations; the progressive release of prisoners of conscience; training for the armed forces to ensure respect for international human rights and humanitarian law; and the establishment of an independent and impartial judiciary. Since Myanmar is party to the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women only, the Special Rapporteur strongly recommends that it accede to the other core international human rights instruments."
Source/publisher: United Nations (A-HRC-10-19)
2009-03-11
Date of entry/update: 2009-03-17
Grouping: Individual Documents
Language: English
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Creator/author: Mr. Thomas Ojea Quintana
Source/publisher: United Nations (A/HRC/10/19, A/HRC/10/NGO/37, A/HRC/10/NGO/38)
2009-03-17
Date of entry/update: 2009-03-17
Grouping: Individual Documents
Language: English
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Description: Summary: "In its resolution 1992/58, the Commission on Human Rights established the mandate on the situation of human rights in Myanmar, which was then extended by the Human Rights Council in its decision 1/102 and resolution 5/1. In March 2008, by its resolution 7/32, the Council extended the mandate for one year. On 26 March 2008, Tomás Ojea Quintana (Argentina) was appointed as the new Special Rapporteur, and he officially assumed the function on 1 May 2008. The present report is a follow-up report on the status of implementation of Council resolutions S-5/1 and 6/33, as requested by the Council in its resolution 7/31. In the report, the Special Rapporteur focuses on the human rights issues pertinent to the current constitutional process in the country, the developments with regard to the crackdown on the demonstrations in September 2007, and the human rights impact of tropical cyclone Nargis. The report builds upon the preliminary findings and further developments included in the previous report submitted to the Council (A/HRC/7/24). Since the present report is his first to be submitted to the Council, the Special Rapporteur also presents an overview of his methodology and programme of work in discharging his mandate. The Special Rapporteur would like to pay tribute to the victims of cyclone Nargis, present his condolences to the families at this tragic time and convey to the people of Myanmar a message of encouragement in the recovery phase of that natural disaster."
Source/publisher: United Nations (A/HRC/8/12)
2008-06-03
Date of entry/update: 2008-06-05
Grouping: Individual Documents
Language: English
Format : pdf
Size: 70.12 KB
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Description: "...The present report is submitted pursuant to Council resolution 6/33. It is based on information gathered since the Special Rapporteur's report (A/HRC/6/14) on the human rights implications of the crackdown on the peaceful demonstrations in Myanmar in September 2007, its causes and consequences. The report covers the period from December 2007 to March 2008"
Source/publisher: United Nations (A/HRC/7/24)
2008-03-07
Date of entry/update: 2008-03-18
Grouping: Individual Documents
Language: English, Arabic, French, Russian, Spanish
Format : pdf pdf pdf pdf pdf
Size: 59.86 KB 146.81 KB 154.5 KB 175.05 KB 146.04 KB
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Description: The present report focuses on the main patterns of human rights violations committed in Myanmar from February 2007 to February 2008. Subsequent to Council resolution 6/33, the Special Rapporteur has submitted a follow-up mission report (A/HRC/7/24).
Creator/author: Sr. Paulo Sergio. Pinheiro
Source/publisher: United Nations (A/HRC/7/18)
2008-03-07
Date of entry/update: 2008-03-18
Grouping: Individual Documents
Language: English
Format : pdf
Size: 100.57 KB
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Creator/author: Sr. Paulo Sergio Pinheiro
Source/publisher: United Nations
2008-03-13
Date of entry/update: 2008-03-18
Grouping: Individual Documents
Language: English
Format : pdf
Size: 306.8 KB
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Description: HUMAN RIGHTS SITUATIONS THAT REQUIRE THE COUNCIL?S ATTENTION... Report of the Special Rapporteur on the situation of human rights in Myanmar, Paulo Sérgio Pinheiro, mandated by resolution S-5/1 adopted by the Human Rights Council at its 5th Special Session*...Summary: At its fifth Special Session de:dicated to the situation of human rights in Myanmar, the Human Rights Council, by its resolution S-5/1 of 2 October 2007, requested ?the Special Rapporteur on the situation of human rights in Myanmar to assess the current human rights situation and to monitor the implementation of this resolution, including by seeking an urgent visit to Myanmar, and to report to the resumed sixth session of the Human Rights Council” and urged ?the Government of Myanmar to cooperate with the Special Rapporteur”. On 19 October 2007, the Government officially extended an invitation to the Special Rapporteur and noted that he will be ?accorded full cooperation”. The Special Rapporteur conducted an official mission to Myanmar from 11 to 15 November 2007. He had additional meetings with the diplomatic community, United Nations agencies and civil society organizations in Bangkok from 16 to 17 November 2007. The present report contains findings gathered by the Special Rapporteur prior to and during his official mission, with a focus on the current human rights situation, including the human rights implications of the crackdown on demonstrations and the severe reprisals. While covering developments from August until the end of the curfew on 20 October 2007, the report focuses in particular on the tragic events that took place in Myanmar from 26 to 29 September 2007. The report finally contains a number of recommendations by the Special Rapporteur."
Source/publisher: United Nations (A/HRC/6/14)
2007-12-07
Date of entry/update: 2007-12-13
Grouping: Individual Documents
Language: English
Format : pdf
Size: 137.47 KB
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Description: "...The critical human rights situation in the country calls for an increased attention by the HRC. As my six-year mandate is now ending, I believe it is of utmost importance to keep the situation of human rights in Myanmar high on your agenda. In the past two years, the reform process proposed in the ?seven-point road map for national reconciliation and democratic transition” has been strictly limited and delineated. The quality of the work of the National Convention has been adversely affected by this evolution whereas I take note of progress made towards the drafting of a new constitution. On May 2006, the house arrest of the General Secretary of the National League for Democracy (NLD), Daw Aung Sang Suu Kyi was further prolonged by 12 months in spite of various international appeals. On February 2007, the house arrest of Tin Oo, the Vice-Chairman of the NLD was extended for one year. As of 16 December 2006, the number of political prisoners was estimated at 1,201..."
Creator/author: Paulo Sergio Pinheiro
Source/publisher: United Nations (Human Rights Council, 4th Session)
2007-03-22
Date of entry/update: 2007-03-27
Grouping: Individual Documents
Language: English
Format : pdf
Size: 18.21 KB
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Description: SUMMARY: "...During the course of the mandate of the Special Rapporteur, the reform process proposed in the ?seven-point road map for national reconciliation and democratic transition?, after showing some readiness to become open to various relevant actors, has been further strictly limited and delineated. As a result, the political space has been redefined in narrower terms. In addition, obstructions in the past couple of years have held back the pace and inclusiveness of the reforms that are required for democratization. The work of the National Convention has been adversely affected by this development. Over the decades, the space for the establishment of civilian and democratic institutions has been seriously curtailed. The exercise of fundamental freedoms has been severely restricted. The house arrest of Aung Sang Suu Kyi, which was further prolonged for one year on 27 May 2006, illustrates well this state of affairs. As of 16 December 2006, the number of political prisoners was estimated to be 1,201. The Special Rapporteur has consistently indicated that national reconciliation requires meaningful and inclusive dialogue with and between political representatives. He firmly believes that the national reconciliation and the stability of Myanmar are not well served by the arrest and detention of several political leaders or by the severe and sustained restrictions on fundamental freedoms. The persecution of members of political parties in the opposition and human rights defenders shows that today, the road map for democracy faces too many obstacles to bring about a genuine transition. In the past, the Special Rapporteur has acknowledged that the road map could play a positive role in the political transition. Sadly, the positive momentum of the early years of his mandate has apparently stalled. The capacity of law enforcement institutions and the independence and impartiality of the judiciary have been hampered by sustained impunity. This situation has contributed to reinforcing inequality and has increased the gap between the poorest and the richest. The Special Rapporteur remains particularly concerned about impunity, which has become systematic and must be urgently addressed by the Government of Myanmar. It has become increasingly clear that impunity stems not only from a lack of institutional capacity. Impunity has allowed those who have oppressed voices that question existing policies and practices to avoid being held accountable. Several individuals and groups responsible for committing serious violations of human rights, in particular members of the military, have not been prosecuted. There is also little evidence that these serious crimes have been investigated by relevant authorities. Grave human rights violations are committed by persons within the established structures of the State Peace and Development Council and are not only perpetrated with impunity but authorized by law. In that respect, the Special Rapporteur is also very concerned about the continued misuse of the legal system, which denies the rule of law and represents a major obstacle to securing the effective and meaningful exercise of fundamental freedoms by citizens. He considers the criminalization of the exercise of fundamental freedoms by political opponents, human rights defenders and victims of human rights abuses to be a matter of particular concern. During the course of his mandate, the Special Rapporteur has been very concerned about the 10 years of intensified military campaigns in ethnic areas of eastern Myanmar and its impact on the humanitarian and human rights situation, especially on civilians who have been targeted during the attacks. The situation should be considered in connection with the widespread practice of land confiscation throughout the country, which is seemingly aimed at anchoring military control, especially in ethnic areas. It has led to numerous forced evictions, relocations and resettlements, forced migration and internal displacement. Given the scale of the current military campaign, the situation may lead to a humanitarian crisis if it is not addressed immediately. The Special Rapporteur therefore welcomes the recent appointment of the Resident Coordinator as Humanitarian Coordinator. He believes that the formal engagement of the humanitarian sector of the United Nations Secretariat will provide stronger, essential support in ensuring the integrity and independence of ongoing efforts. The Special Rapporteur takes note with great satisfaction of the recent release of political prisoners, including the five ?88 generation? student leaders arrested last September. He expresses the hope that other prominent political prisoners will benefit from the amnesty granted in early January 2007. He therefore welcomes the statement made by the Secretary-General on 8 January 2007 on this issue and commends the work done by the United Nations within the ?good offices? mission."
Creator/author: Sr. Paulo Sergio Pinheiro
Source/publisher: United Nations (A/HRC/4/14 -- Advanced edited version)
2007-02-12
Date of entry/update: 2007-03-13
Grouping: Individual Documents
Language: English
Format : pdf
Size: 86.55 KB
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Description: Statement for the second session of the Human Rights Council 27 September 2006... Palais des Nations, Geneva... Paulo Sergio Pinheiro, Special Rapporteur on the situation of human rights in Myanmar.''
Source/publisher: United Nations
2006-09-27
Date of entry/update: 2006-09-27
Grouping: Individual Documents
Language: English
Format : pdf
Size: 86.46 KB
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