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Statement by Mr. Paolo Sergio Pinheiro
Special Rapporteur on the situation of
human rights in
58th Session
of the General Assembly
Third Committee, Item
117 (c)
Mr. President,
I have the honor to introduce my interim report, which refers to
my activities and developments relating to the human rights situation in
My main governmental interlocutors were the Prime Minister,
General Khin Nyunt; the
Secretary-2 of the State Peace and Development Council (SPDC); the Foreign
Minister and his Deputy; the Home Minister; the Head of Department of the
Office of the Military Intelligence; the Director-General of the Prisons
Department; representatives of the governmental Human Rights Committee and the
National Convention Convening Commission.
I had access to Daw Aung
San Suu Kyi (DASSK), the
General Secretary of the National League for Democracy (NLD), as well as three
members of the NLD Central Executive Committee (CEC), who are currently under
house arrest. I also met with
representatives of ethnic nationalities parties and other political parties,
the United Nations Country Team (UNCT), the diplomatic community, international
civil society organizations, international and local business community, and
the media. I would like to express my appreciation to the
Mr. President,
This visit took place in a very different context to past
visits. Since my last mission in March 2003, the human rights situation and the
process for national reconciliation have been marked by significant
setbacks. The incident in Depayin on
What happened at Depayin constitutes a
lamentable regression
in the area of human rights, not only the incident itself but also its ripple
effects: the closure of all NLD offices in the country; the incommunicado
detention of DASSK; the house arrest of NLD-CEC members; arrests and sentencing of NLD
members and supporters, and other activists; and their increased surveillance
and intimidation. Effective measures to bring to justice the perpetrators are
still lacking, as mostly people, who were victims of attack, rather than their
attackers had been arrested.
Rectifying this regression requires the immediate
and unconditional release of all those who have been in detention or under
house arrest since
Looking back at the period between May 2002 and May 2003, when
many people had some hope, albeit mixed with uncertainty, I have the impression
that opportunities were missed to build on the earlier confidence-building
efforts. Lack of sufficiently solid bonds of mutual confidence lead to mistrust
instead of growing confidence and eventually resulted in what happened in Depayin. The tragedy on
The 30 May events also became a key defining moment in the
change of attitude of the international community towards
Lessons should be learned from the Depayin incident and that knowledge applied sooner rather
than later by all those who really care for the future of
During this mission, I got sufficient insights on the so-called
road map of the SPDC. The SPDC established three committees (Convening, Working
and Administrative) to prepare the National Convention, which had their first
joint meeting on
I reiterated that any credible political transition, to be
successful, should be guided by human rights principles. These require the lifting of all remaining
restrictions on the freedoms of expression, movement, information, assembly and
association and the repealing of related “security”
legislation. I indicated that the
opening and reopening of all political parties’ offices must be considered as
an immediate priority. At the moment, the only political party able to conduct
its activities is the National Unity Party (NUP). The remaining nine of the ten legally
registered political parties exist only in name because of the restrictions in
place. I also proposed that the SPDC pursues the establishment of a national
human rights institution according to the Paris Principles, as an important
step on the path towards a credible political transition. The implementation of
the above-mentioned human rights requirements will create an enabling
environment for open and wide-ranging discussion among the SPDC, all political
parties and ethnic nationalities.
As the authorities at all
levels expressed their agreement in principle to my proposals for incorporating
human rights and freedoms from the early stages of any process leading to
political transition, I expect that credible indications would be given as to
when and how these human rights reforms would be implemented.
Concerning the circumstances surrounding the situation of DASSK,
I was informed by the authorities that she is no longer being detained under
any provision of “security” legislation. However her
phone line remains cut off and security arrangements remain in place. In effect, her circumstances are those of one
who has been placed under house arrest. She made it very clear to me that she
would not accept freedom for herself until all those
arrested since
Despite my repeated calls to refrain from new arrests, I
received reports that there had been approximately 250 new arrests since
During my visit to Insein Central
Prison, where I interviewed 19 political prisoners, I was able to verify that
the practice of extending the detention of those political prisoners who have
served their prison sentence by placing them under “administrative detention”
still continues. This practice continues
to be applied even to very elderly and infirm prisoners. Although I am pleased
to report that their spirit is strong in spite of their long imprisonment, I
condemn this practice as cruel and unacceptable. Although the law provides for
this measure, I called for the repealing of the relevant legislation as these
provisions contravene international human rights standards.
I have to report the continuing ill
treatment of detainees in pre-trial detention, especially in Military
Intelligence (MI) interrogation centers.
In addition, I am very concerned about
detainees either in pre-trial detention or undergoing trial proceedings who are
allegedly kept in conditions which amount to incommunicado
detention. Moreover,
the grounds for arresting these individuals are often
highly arbitrary, i.e.
purely for the exercise of their freedoms of opinion and expression. In addition, the right to a fair trial, including the right to access a lawyer,
continues to be denied to political detainees.
I am also concerned with reports of recurring
religious intolerance and violence allegedly instigated to distract attention
from present political problems, which I will address in more details in my
future reports. I am also concerned about the reportedly forced conscription of
civilians into military training as well as forced participation at political
rallies staged to support the government’s roadmap.
I have to report that an agreement on the modalities for an
independent assessment in
The suffering of the vulnerable in
Mr. President,
The 30 May events defined the political
realities in the country in a much more clear-cut way than previously. Now the situation is unique and complicated
and I do not see any other solution for