The General Assembly,
Guided by the Charter of the United Nations, the Universal
Declaration of Human Rights,[1] the International Covenants on Human Rights[2] and other human rights instruments,
Reaffirming that all States Members of the United Nations have an
obligation to promote and protect human rights and fundamental freedoms and to
fulfil the obligations they have undertaken under the various international
instruments in the field,
Aware that Myanmar is a party to the Convention on the Rights of
the Child,[3] the Convention on the Elimination of All Forms
of Discrimination against Women,[4] the Geneva Conventions of 12 August 1949 on
the protection of the victims of war,[5] as well as the Convention concerning forced or
compulsory labour (Convention No. 29) of 1930 and the Convention concerning
freedom of association and protection of the right to organize (Convention No.
87) of 1948 of the International Labour Organization,
Recalling its previous resolutions on the subject, the most recent
of which is resolution 56/231 of 24 December 2001, and those of the Commission
on Human Rights, the most recent of which is resolution 2002/67 of 25 April
2002,[6]
Recalling resolution I adopted by the International Labour
Conference at its eighty-eighth session, on
Affirming that the will of the people is the basis of the authority
of government and that the will of the people of
Affirming also that the establishment of a genuine democratic
government in
1. Welcomes:
(a) The preliminary steps taken by the Government of Myanmar towards
democracy, in particular: the release from house arrest of Aung San Suu Kyi on
6 May 2002 and her subsequent internal freedom of movement, the release of a
number of political prisoners, and the relaxation of some constraints on some
political activities of the National League for Democracy;
(b) The appointment by the International Labour Organization of a
liaison officer in
(c) The visits to Myanmar by the Special Envoy of the
Secretary-General on Myanmar during the past year, and the visits by the Special
Rapporteur of the Commission on Human Rights on the situation of human rights
in Myanmar, and the cooperation extended to them by the Government of Myanmar;
(d) The continued cooperation with the International Committee of the
Red Cross;
(e) The dissemination of human rights standards for public officials
and some non-governmental organizations and ethnic groups through a series of
human rights workshops;
2. Notes the
establishment by the Government of Myanmar of a committee on human rights as a
precursor to the establishment of a national human rights commission, which
would follow the Principles relating to the status of national institutions for
the promotion and protection of human rights annexed to General Assembly
resolution 48/134 of 20 December 1993;
3. Expresses its grave
concern at:
(a) The ongoing systematic violation of the human rights, including
civil, political, economic, social and cultural rights, of the people of
(b) Extrajudicial killings; rapes and other forms of sexual violence
carried out by members of the armed forces; torture; renewed instances of
political arrests and continuing detentions, including of prisoners whose
sentences have expired; forced relocation; destruction of livelihoods; forced
labour; denial of freedoms of assembly, association, expression and movement;
discrimination on the basis of religious or ethnic background; wide disrespect
for the rule of law and lack of independence of the judiciary; deeply
unsatisfactory conditions of detention; systematic use of child soldiers; and
violations of the rights to an adequate standard of living, in particular food
and medical care, and to education;
(c) The disproportionate suffering of members of ethnic minorities,
women and children from such violations;
(d) The situation of the large number of internally displaced persons
and the flow of refugees to neighbouring countries;
(e) The ever-increasing impact of the human immunodeficiency virus/
acquired immunodeficiency syndrome (HIV/AIDS) on the population of
4. Calls upon the
Government of
(a) To fulfil its obligations to restore the independence of the
judiciary and due process of law, and to take further steps to reform the system
of the administration of justice;
(b) To take immediate action to implement fully concrete legislative,
executive and administrative measures to eradicate the practice of forced
labour and to implement fully the recommendations of the Commission of Inquiry
established to examine the observance by Myanmar of the International Labour
Organization Convention concerning forced or compulsory labour (Convention No.
29) of 1930;
(c) To pursue the dialogue with the International Labour Organization
towards the implementation of a full and effective representation of the
organization in
(d) To ensure safe and unhindered access to the United Nations and
international humanitarian organizations and to cooperate fully with all
sectors of society, especially with the National League for Democracy and other
relevant political, ethnic and community-based groups through consultation, to
ensure the provision of humanitarian assistance and to guarantee that it
actually reaches the most vulnerable groups of the population;
(e) To continue to cooperate with the Special Envoy of the
Secretary-General on Myanmar and the Special Rapporteur of the Commission on
Human Rights on the situation of human rights in Myanmar;
(f) To consider as a matter of high priority becoming a party to: the
International Covenant on Civil and Political Rights,2 the
International Covenant on Economic, Social and Cultural Rights,2 the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,[7] the International Convention on the
Elimination of All Forms of Racial Discrimination,[8] the Convention relating to the Status of
Refugees[9] and its Protocol,[10] the Optional Protocol on the involvement of
children in armed conflict[11] to the Convention on the Rights of the Child3
and the International Labour Organization Convention concerning the prohibition
and immediate action for the elimination of the worst forms of child labour
(Convention No. 182) of 1999;
(g) To pursue through dialogue and peaceful means an end to conflict
with all ethnic groups in
5. Strongly urges the
Government of Myanmar:
(a) To restore democracy and implement the results of the 1990
elections and to ensure that the contacts with Aung San Suu Kyi and other
leaders of the National League for Democracy move without delay into
substantive and structured dialogue towards democratization and national
reconciliation and at an early stage to include other political leaders in
these talks, including the representatives of the ethnic groups;
(b) To end the systematic violations of human rights in Myanmar and to
ensure full respect for all human rights and fundamental freedoms and, to end
impunity, to investigate and bring to justice any perpetrators of human rights
violations, including members of the military and other government agents in
all circumstances;
(c) To facilitate and cooperate fully with an independent
international investigation of charges of rapes and other abuse of civilians
carried out by members of the armed forces in Shan and other states;
(d) To release unconditionally and immediately all political
prisoners;
(e) To put an immediate end to the recruitment and use of child
soldiers and to extend full cooperation to relevant international organizations
in order to ensure the demobilization of child soldiers, their return home and
their rehabilitation;
(f) To lift all restraints on peaceful political activity, including
guaranteeing freedom of association and freedom of expression, including
freedom of the media;
(g) To end the systematic enforced displacement of persons and other
causes of refugee flows to neighbouring countries, and to provide the necessary
protection and assistance to internally displaced persons and to respect the
right of refugees to voluntary, safe and dignified return monitored by
appropriate international agencies;
(h) To recognize further the gravity of the situation regarding
HIV/AIDS and the need to take necessary action against the epidemic, including
through the effective implementation in Myanmar of the United Nations joint
action plan on HIV/AIDS, in cooperation with all relevant political and ethnic
groups;
6. Requests the
Secretary-General to continue to provide his good offices and to pursue his
discussions on the situation of human rights and the restoration of democracy
with the Government and people of Myanmar, to submit additional reports to the
General Assembly during its fifty-seventh session on the progress of those
discussions, and to report to the Assembly at its fifty-eighth session and to
the Commission on Human Rights at its fifty-ninth session on the progress made
in the implementation of the present resolution;
7. Decides to continue
consideration of this question at its fifty-eighth session.
[Adopted without a vote –
by
consensus –