Reports to the CHR/HRC by the Special Rapporteur on Myanmar (English)

This section includes reports to the Human Rights Council (HRC)
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Description: All the reports from 1993 in one document..."Basic starting points for an assessment of human rights conditions in Burma/Myanmar are the UN resolutions on the situation of human rights in Myanmar and the body of reports submitted since 1992 to the UN General Assembly and Commission on Human Rights (since 2006, to the Human Rights Council) by the UN Special Rapporteurs on Myanmar. Special Rapporteurs are independent experts appointed by the Commission on Human Rights/Human Rights Council to examine and report on particular human rights themes or on the situation of human rights in particular countries. Country Special Rapporteurs are only appointed to examine the most serious human rights situations. The Commission appointed Professor Yozo Yokota as Special Rapporteur on the situation of human rights in Myanmar in 1992 following two years when Burma/Myanmar had been examined by the Commission under its 1503 (confidential) procedure. He was succeeded in 1996 by Judge Rajsoomer Lallah, who was followed in 2000 by Professor Paolo Sergio Pinheiro. In May 2008, Sr Tomás Ojea Quintana assumed the mandate. Not only are the reports of the Special Rapporteur the most authoritative general reports on the human rights situation in Burma/Myanmar, including analysis of the legal framework governing the exercise of human rights in the country, but they also contain an abundance of summaries of testimonies gathered by the Special Rapporteurs since 1992 as well as the responses of the Government of Myanmar to specific allegations. By reading/searching the reports as a body it is thus possible to see the patterns of violations over a number of years, to assess the degree to which they are systematic, widespread and persistent over time, to track particular themes from 1992 (e.g. killings, rape, torture, forced relocation, forced labour, responses to HIV) but also to inquire whether there has been any development, positive or negative, since the United Nations human rights bodies began their examination of the situation..." ...See also the parallel collection of reports to the UN General Assembly
Creator/author: Professor Yozo Yokota, Judge Rajsoomer Lallah, Professor Paulo Sergio Pinheiro, Sr Tomás Ojea Quintana
Source/publisher: United Nations
Date of entry/update: 2009-02-21
Grouping: Websites/Multiple Documents
Language: English
Format : pdf
Size: 1.4 MB
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Description: Advance Edited version..."...During the reporting period the Special Rapporteur was unable to conduct a fact-finding mission to Myanmar. In view of the recent changes in the Government of Myanmar, the Special Rapporteur hopes that the new administration will extend its cooperation to him by, inter alia, inviting him to resume his visits to the country. The Special Rapporteur considers that the pronouncements made and action taken by the current administration do not appear to signal any new policy direction in respect of the National Convention process. He will continue to follow the process closely and will wait for its eventual resumption before evaluating the impact of the recent leadership changes on the future of the road map. The National Convention could promote further political moves towards the democratization envisaged in the road map set out by the Government. While the Special Rapporteur duly acknowledges the efforts exerted and achievements realized to date, he maintains that additional requirements are necessary if the objectives of the road map are to be fulfilled. In previous reports the Special Rapporteur has already articulated his concerns regarding both the process and the issue of the inclusiveness of and participation at the reconvened National Convention, believing that there is still scope for adjustments to be made that would transform its next session into a genuine forum for achieving national reconciliation and political transition, with the participation of key representatives from all legitimate organizations. The Special Rapporteur believes that in order to bring about a more sustainable solution to the political deadlock in the country, credible endeavours should be made by all actors to ensure that the National League for Democracy (NLD) and other parties join the National Convention process. He also believes that the democratization process currently under way in Myanmar should not be delayed, given that only a genuinely democratic system of governance, in which the concerns of different groups can be addressed, can lead to understanding, stability and progress. Given that a sizeable number of political prisoners still remain in prison, with many of them serving long terms, the Special Rapporteur, while welcoming the recent release by the Government of some such prisoners, stresses yet again that only the full and unconditional release of all political prisoners will pave the way for national reconciliation and the rule of law..."
Creator/author: Professor Paulo Sergio Pinheiro
Source/publisher: United Nations (E/CN.4/2005/36)
2004-12-02
Date of entry/update: 2011-01-05
Grouping: Individual Documents
Language: English
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Description: Summary: In its resolution 1992/58, the Commission on Human Rights established the mandate of the Special Rapporteur on the situation of human rights in Myanmar, which was extended by the Human Rights Council in its decision 1/102 and resolution 5/1. In March 2008, when the 7-year term of the Special Rapporteur expires the mandate will be reviewed by the Council. 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: Professor Paulo Sergio Pinheiro
Source/publisher: United Nations (A/HRC/7/18)
2008-03-07
Date of entry/update: 2009-02-20
Grouping: Individual Documents
Language: English
Format : pdf
Size: 96.15 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
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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
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Description: Advance Edited version... Summary: "In its resolution 2005/10, the Commission requested the Special Rapporteur to report to the General Assembly at its sixtieth session and to the Commission at its sixty-second session. The Special Rapporteur thereby submitted an interim report to the Assembly in accordance with this request (A/60/221). The present report is also submitted in accordance with the above request and is based on information received by the Special Rapporteur up to 22 December 2005. It is to be read in conjunction with his last interim report. Throughout the six-year period of his mandate, the Special Rapporteur received substantiated reports of grave human rights violations on an ongoing basis. Little evidence was available of the existence of a serious commitment by the Government to addressing the culture of impunity for State actors, with the vast majority of his communications to the authorities not receiving a response. With regard to the transition process, the National Convention, having been suspended for a further nine months following its last session held from 17 February to 31 March 2005, was reconvened on 5 December 2005. The Special Rapporteur was deeply dismayed to learn that no progress towards instituting genuine democratic reform has been made since the previous session. The Special Rapporteur regrets that, according to information received during the last reporting period, the situation regarding the exercise of fundamental human rights and freedoms remains grave. The intimidation, harassment, arbitrary arrest and imprisonment of civilians for peacefully exercising their civil and political rights and freedoms continue. Members of registered political parties, human rights defenders and pro-democracy advocates are particular targets. The activities of political parties remain severely repressed and subject to scrutiny by government agents. The offices of the National League for Democracy (NLD), which won over 80 per cent of the seats in the 1990 election, have been shut down, with the sole exception of the headquarters in Yangon. Members of NLD and other political parties are susceptible to harassment and imprisonment on a continuous basis. On 27 November, the Government issued a new executive order prolonging the detention of Daw Aung San Suu Kyi for a further six months. The General-Secretary of NLD and Nobel Peace Prize laureate has now been in detention for over 10 of the last 16 years. The Special Rapporteur is gravely disturbed that a legitimate political leader continues to be held hostage in solitary confinement. To date, the total number of political prisoners in Myanmar is estimated to stand at 1,144. Amongst those behind bars are students, monks, teachers, journalists and elected members of parliament. The number of releases during the reporting period was negligible, while the number of civilians arrested continued to rise. The Special Rapporteur draws attention to the marked decline in socio-economic conditions, which has resulted in increased poverty countrywide. Urgent reform is required to prevent any further degeneration of an already severely damaged economy. The humanitarian situation in Myanmar, while not yet at the point of acute crisis, has shown marked signs of deterioration over the past year. In 2001, soon after the Special Rapporteur took up his mandate, the heads of eight United Nations agencies in Yangon expressed their concern over the "silent humanitarian crisis in the making". The situation then was particularly serious in ethnic minority and conflict areas. It has since significantly deteriorated, affecting the population now on a wide scale. The human rights concerns enumerated in the present report are largely the same as those which the Special Rapporteur highlighted when he commenced his mandate, six years ago. Despite early indications from the Government that it was willing to address these problems, he regrets that all such willingness appears to have disappeared. The Special Rapporteur stressed that human development and economic reform must be prioritized in order to defeat the poverty that is at the root of Myanmar?s many problems. Rational management of the economy and substantially enhanced budgetary allocations for the protection of economic, social and cultural rights continue to be essential priorities for tackling those problems. Any progress towards resolving ethnic conflict in Myanmar is unlikely to be possible or sustainable without tangible political reform. The ongoing armed conflict in several ethnic minority areas continues to underpin the most grave human rights abuses in the country and to exacerbate Myanmar?s humanitarian decline and long-standing state of socio-economic underachievement. Without an inclusive reform process, such urgent challenges for the country will not be addressed by the Government?s current road map process. No transition process is worthy of the name as long as fundamental freedoms of assembly, expression and association are denied; voices advocating democratic reform are silenced; elected representatives are imprisoned; and human rights defenders are criminalized. No progress will be made towards national reconciliation as long as key political representatives are being locked behind bars, their constituents subject to grave and systematic human rights abuses and their political concerns disregarded."
Creator/author: Paulo Sergio Pinheiro
Source/publisher: United Nations (E/CN.4/2006/34)
2006-02-07
Date of entry/update: 2006-02-18
Grouping: Individual Documents
Language: English
Format : pdf doc
Size: 112.34 KB 222 KB
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Description: Statement by Mr. Paulo Sergio Pinheiro, Special Rapporteur on the situation of human rights in Myanmar 61st Session of the Commission on Human Rights, Item 9, Geneva, 29 March 2005
Source/publisher: United Nations
2005-03-29
Date of entry/update: 2005-03-30
Grouping: Individual Documents
Language: English
Format : htm doc
Size: 26.81 KB 35.5 KB
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Description: Statement by Mr. Paulo Sergio Pinheiro, Special Rapporteur on the situation of human rights in Myanmar... 60th Session of the Commission on Human Rights, Item 9... Geneva, 26 March 2004
Creator/author: Sr. Paulo Sergio Pinheiro
Source/publisher: United Nations
2004-03-26
Date of entry/update: 2004-03-27
Grouping: Individual Documents
Language: English
Format : htm
Size: 32.49 KB
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Description: Commission on Human Rights... Sixtieth session... Item 9 of the provisional agenda... Situation of human rights in Myanmar: Report submitted by the Special Rapporteur, Paulo Sérgio Pinheiro.
Creator/author: Paulo Sergio Pinheiro
Source/publisher: United Nations (E/CN.4/2004/33)
2004-03-02
Date of entry/update: 2004-03-02
Grouping: Individual Documents
Language: English
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Creator/author: Mr. Yozo Yokota
Source/publisher: United Nations (E/CN.4/1993/37)
1993-02-17
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
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Creator/author: Mr. Yozo Yokota
Source/publisher: United Nations (E/CN.4/1994/57)
1994-02-16
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
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Creator/author: Mr. Yozo Yokota
Source/publisher: United Nations (E/CN.4/1995/65)
1995-01-12
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
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Creator/author: Mr. Yozo Yokota
Source/publisher: United Nations (E/CN.4/1996/65)
1996-02-05
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
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Creator/author: Mr Rajsoomer Lallah
Source/publisher: United Nations (E/CN.4/1997/64)
1997-02-06
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
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Creator/author: Mr Rajsoomer Lallah
Source/publisher: United Nations (E/CN.4/1998/70)
1998-01-15
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
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Description: Long section on IDPs; also on prison conditions and the suppression of the NLD.
Creator/author: Mr Rajsoomer Lallah
Source/publisher: United Nations (E/CN.4/1999/35)
1999-01-22
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
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Description: Good section on economic, social and cultural rights.
Creator/author: Mr Rajsoomer Lallah
Source/publisher: United Nations (E/CN.4/2000/38)
2000-01-24
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
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Description: The only submission to the 57th session of the Commission by Professor Pinheiro, the Special Rapporteur on the human Rights situtation in Myanmar. This is simply a report of his initial visit to Burma, where he had meetings with the SPDC, but did not carry out any fact-finding.
Creator/author: Sr. Paulo Sergio Pinheiro
Source/publisher: United Nations
2001-04-06
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
Format : htm
Size: 11.8 KB
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Description: Statement by Professor Paolo Sergio Pinheiro, Special Rapporteur on the situation of human rights in Myanmar. This oral statement covers the visit to the country the Special Rapporteur made in February 2002. It should be read in conjunction with the written report E/CN.4/2002/45 of 10 January 2002.
Creator/author: Professor Paolo Sergio Pinheiro
Source/publisher: United Nations (CHR 58th session)
2002-03-28
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
Format : htm
Size: 32.06 KB
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Description: This report is based on the Special Rapporteur?s October 2001 fact-finding mission to Burma/Myanmar and information received by him up to December 2001, and should be read in conjunction with his report to the General Assembly (A/56/312)of 21 August 2001. CONTENTS: I. ACTIVITIES OF THE SPECIAL RAPPORTEUR: A. Fact-finding mission; B. Other activities. II. HUMAN RIGHTS-RELATED DEVELOPMENTS: A. Activities of the governmental Committee on Human Rights; B. Civil and political; rights: 1. Freedom of political association; Freedom of expression and information; 3. Political prisoners; 4. Conditions in prisons; 5. Freedom of religion; 6. Forced labour. C. Economic, social, and cultural rights: 1. Tertiary education; 2. HIV/AIDS. III. OTHER ISSUES: A. Ceasefires; B. Refugees and internally displaced persons; C. Child soldiers; d. Violence against women; E. Humanitarian aid. IV. CONCLUDING OBSERVATIONS. Annexes: I. Program for the fact-finding mission of the Special Rapporteur on Myanmar of the UN Commission on Human Rights. II. List of humanitarian cases. III. List of persons who reportedly received prison terms for communicating, trying or intending to communicate, or being suspected of communicating human rights information to the United Nations. IV. List of persons interviewed by the Special Rapporteur during his visits to Lashio and Mandalay.
Creator/author: Sr. Paulo Sergio Pinheiro
Source/publisher: United Nations (E/CN.4/2002/45)
2002-01-10
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
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Description: Statement by Mr. Paulo Sergio Pinheiro, Special Rapporteur on the situation of human rights in Myanmar 59th Session of the Commission on Human Rights, Item 9 Geneva, 31 March 2003
Source/publisher: United Nations
2003-03-31
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
Format : htm
Size: 43.45 KB
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Description: . Commission on Human Rights... Fifty-ninth session... Item 9 of the provisional agenda... Report on the situation of human rights in Myanmar, submitted by Mr. Paulo Sergio Pinheiro, Special Rapporteur, in accordance with Commission resolution 2002/67.
Creator/author: Sr Paolo Sergio Pinheiro
Source/publisher: United Nations (E/CN.4/2003/41)
2002-12-27
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
Format : htm
Size: 135.92 KB
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