CHECK AGAINST
DELIVERY
Statement by Mr. Paulo Sérgio Pinheiro,
Special Rapporteur on the situation of human rights in
Myanmar
59th Session of the General Assembly
New York,
28 October 2004
I have the honor to introduce my interim
report on my activities and developments relating to the human rights situation
in Myanmar in the first seven months of 2004. I would
also like to take this opportunity to bring you up to date on subsequent developments.
The preparation of my report was constrained by the fact that it was
impossible for me to carry out a fact-finding mission to Myanmar. During my speech to the Commission on Human Rights this past
March, I explained that although I had not been able to visit the country since
November 2003, the authorities had agreed in principle to my next visit and
that I was trying to work out mutually convenient dates with them. On several occasions since then, I have
requested cooperation from the Government. However, I still have not received an invitation to visit Myanmar.
Mr. Chairman,
The end
of December will mark my fourth year on this mandate. During this period, I carried out six visits
to Myanmar and reported as objectively as I could on
my findings. I acknowledged positive
developments, noted the ongoing efforts, and offered recommendations regarding
the problems that remained. Despite the
lack of access to the country in the past year, I have endeavored to follow the
same working methods. My statements and
reports to the General Assembly and the Commission on Human Rights attest to
this. With or without access to the
country, I intend to pursue my work in the same spirit of independence,
impartiality and solidarity with the peoples of Myanmar.
Mr. Chairman,
This year saw the revival of the National Convention, which had been adjourned since
1996. It was convened from 17 May to 9 July 2004. It marked a beginning of
the implementation of the seven-point road map for national reconciliation and
democratic transition announced by the former Prime Minister, General Khin
Nyunt, in August 2003. The National Convention was attended by
1,076 delegates, compared to 702 participants at the previous Convention. The increase was largely made up of
representatives of ethnic nationalities, including ceasefire groups that had
emerged in the new political environment created as a result of ceasefires
between the Government and former armed groups.
In terms of potential for conflict resolution, the 2004 National Convention
may be a unique opportunity for ethnic minorities. That being said, the challenges should not be
underestimated. The ceasefire groups,
comprised of ethnic minority-based former armed opposition groups, were
included in the "specially invited guests" category. They raised issues of local autonomy for the
ethnic minority areas, and some substantive discussions with the authorities
reportedly took place about these concerns.
The outcome of these discussions remains to be seen at subsequent
sessions of the National Convention, the dates of which are yet to be
announced. The National League
for Democracy (NLD) and other political parties that won a majority of seats in the 1990
elections did not participate. Proceedings at the National Convention took place in the
context of the six objectives and the 104 principles already laid
down during the previous Convention.
While
noting serious concerns about the current National Convention process, in
particular with respect to inclusiveness and the procedures governing its
proceedings, I hope that its final outcome will bring some concrete solutions that will benefit the entire population
of Myanmar. Now, after the recent changes in the Myanmar Government, many
fear that the achievement of those outcomes may become more difficult. What could be a turning point towards this
direction is the fulfillment of some
fundamental human rights requirements.
I have stated this on many occasions, and will repeat
again, that a credible process of national
reconciliation and political transition is not possible without
two fundamental conditions: the early release of all political prisoners, and
the relaxation of restrictions which continue to hamper the ability of
political parties and ceasefire partners to operate. I am concerned that the number of political
prisoners has remained roughly the same for several years, with over 1300
political prisoners still in prison. Among them are those who remain imprisoned
despite the fact that their prison sentences have expired, as well as very old,
frail and ill prisoners, about whom I have
received reports of inadequate medical treatment, despite assurances by the
Myanmar authorities that the close cooperation with the International Committee
of the Red Cross continues to be effective.
In view of the current
National Convention process, it would be particularly fitting if large numbers
of political prisoners were to be released; this has not happened at least in
the past two years. It is my firm belief
that such releases would be seen as a strong sign of the seriousness of the
Government’s commitment to political transition and would strengthen the
confidence of political parties and the society at large in the process and enlist their support.
It would relax some of the social tension which I sense is rooted in
skepticism, fear, frustration and lack of hope.
It is my belief that there can be no way forward for the country when
the majority of the population has no effective participation in government
decisions.
Similarly, a credible process of transition
from a military regime towards democratization requires the restoration of
freedom for political parties to operate and conduct their activities. Significant progress in this respect would
contribute to improving the atmosphere, inside and outside the country, and
help normalize its relations with the international community, including the
United Nations, international financial institutions and private investment
actors, for the benefit of all peoples in Myanmar. In my
reports, as well as in my letters to the Myanmar
authorities, I shared - without much success - my thoughts about human rights
reforms that would help create an enabling environment for the process
currently under way in Myanmar.
The information I received during the reporting period indicates
that the situation with regard to the exercise of fundamental human rights and
freedoms in Myanmar has not substantially changed, and may have even worsened.
The effects of the events of 30 May 2003 in Depayin have yet to be fully reversed and those responsible
for the attacks, injuries and deaths continue to enjoy impunity. There are still reports of people being
arrested, tried and sentenced to prison for peaceful political activity under
unjust security laws. The most recent
case in point is the reported arrest on 21 September of 58-year-old former political prisoner U Ohn
Than who allegedly staged a solo protest outside the
UNDP building in Yangon calling for a UN commission to investigate
the events of 30 May 2003.
At this juncture, I believe that restoring immediately the
freedom of all politicians so that they can play a constructive role in the
transition, and undertaking substantive discussions with the NLD and other
political parties, as well as reaching a settlement with ceasefire groups that
takes their suggestions into account, would contribute significantly to the
success of a transition process. In this
respect, it is essential that the Government of Myanmar resume its
cooperation with the Special Envoy of the Secretary-General. The continued efforts of the Secretary
General to engage with the Myanmar authorities deserve praise and support,
particularly his initiative to convene a meeting in New York at the end of last
month with his Special Envoy and
concerned Member States to discuss the lack of progress toward national
reconciliation and democracy in Myanmar. Although it is obvious that in the end it is
up to the peoples of Myanmar to decide their future and their own internal
reform, I believe they can benefit from external support for an enabling
environment that would help to shape the ongoing political process in a
more inclusive and credible fashion. Let us always remember the need to listen
to the voices of 53 million people living in Myanmar and abroad. No real process of development and
democratization can be successful without the participation of all these key
players, the peoples of Myanmar.
While attention to the current political process in Yangon is well warranted, let us be reminded of the broader picture of the human
rights situation in the whole country, which shows no improvement. I remain very disturbed by continuing
allegations of human rights violations, particularly in ethnic minority areas
affected by counter-insurgency operations or the presence of large contingents
of the armed forces not involved in counter-insurgency activity. These areas have reportedly witnessed
widespread violations of economic, social and cultural rights, such as
deprivation of means of livelihood through land and crop confiscation,
destruction of houses, excessive taxation, and extortion. Continuing reports of the use of landmines,
forced labour, and sexual violence indicate that fundamental human rights are
in peril in these areas. There are
consistent reports that the situation in one ethnic area, namely north-western Rakhine State, is particularly affected: mosques have been demolished, the freedom
of movement of the Bengali-speaking Muslim minority has been excessively
restricted and the vast majority of them are de facto stateless.
I have recently received a report containing numerous allegations of
continuing sexual violence against ethnic women by the armed forces throughout Myanmar since 2003. Earlier this year, another report relating
to Karen women came out with similar allegations. I take note of the preparations being made by
the Myanmar Government to dispatch investigative teams
to all the areas and sites connected or relevant to the investigation of each
case mentioned in both reports. These
allegations are serious, and I would like to renew to the Myanmar Government my offer to carry out an
independent assessment of such allegations in relevant parts of the
country. It may be recalled that not so
long ago I made a similar offer to the Myanmar authorities with respect to the
allegations of sexual violence against Shan women; however, the authorities
failed to take me up on my offer.
Mr. Chairman,
I would like to take this opportunity also to refer to Myanmar’s drug control efforts, which, along with
democratization and national reconciliation, are long-standing goals on the
UN’s agenda with respect to this country.
According to the Myanmar’s Opium Survey 2004 released earlier this month by the UN Office on
Drugs and Crime, there has been a decline in comparison with 2003. While this is commendable, I feel it is
incumbent upon me to recall that the opium-growing communities will remain
vulnerable to human rights abuses, human trafficking and forced relocation if
they are not provided with sustainable alternative sources of income. The basic human needs of those poor farmers
in Myanmar should be attended to, for they will never
otherwise escape their dependency on opium cultivation to meet their basic
needs.
I think that these cooperative initiatives are an
indication of the Myanmar Government’s
desire to bolster the confidence of the international community. This is welcome, but the Myanmar Government must
match these international initiatives with domestic confidence-building by
respecting human rights.
In view of the prevailing situation, I cannot but reiterate what I said on many earlier
occasions. Human rights reforms
should start immediately
by revoking security legislation restricting
the full exercise of basic human rights and freedoms. It is time to stop the arrest, trial
and sentencing of people for peaceful political activities. It is time to reopen
offices of political parties and to revise the administration of justice
to restore respect for due process rights.
This is the way to pursue the path towards an
authentic process of political transition in Myanmar.
Thank you.