Summary of the oral report of the Special Rapporteur on Myanmar, presented to the UN 3^rd Committee on 12 November 2003, followed by discussion from the floor (extracted from UN Press Release GA/SHC/3764 at http://www.un.org/News/Press/docs/2003/gashc3764.doc.htm )

Myanmar

PAULO SERGIO PINHEIRO, Special Rapporteur on the situation of human rights in Myanmar, presenting his report on recent developments in Myanmar, said he had observed, during his last visit from 3 to 8 November 2003, significant setbacks in the country’s human rights situation since his last mission in March 2003.

He said interviews with victims and eyewitnesses, as well as discussions with Daw Aung San Suu Kyi and with authorities, provided prima facie evidence that the incident in Depayin in May 2003 could not have happened without the connivance of State agents.  What had happened at Depayin had deep political implications and constituted a regression in the area of human rights.  Effective measures to bring the perpetrators to justice were still lacking.

He called for the immediate and unconditional release of all those who were detained or who had remained under house arrest since May, as well as compensation for surviving victims and the families of those who died.  He urged a thorough investigation, in accordance with international standards, including public announcement of the results and accountability of those responsible.

In his discussions with Myanmar authorities, he reiterated that, to be successful, any credible political transition should be guided by human rights principles.  Any Constitution must have a full-fledged bill of rights, which would require the lifting of all remaining restrictions on the freedoms of expression, movement, information, assembly and association, as well as the repealing of related “security” legislation.  Moreover, the opening and reopening of all political parties must be considered as an immediate priority.  He said the authorities at all levels had expressed their agreement, in principle, to his proposals for incorporating human rights and freedoms from the early stages of political transition.

Regarding the circumstances surrounding the situation of Daw Aung San Suu Kyi, he said she was no longer being detained under “security” legislation provisions, but her phone line remained cut off, and security arrangements remained in place.  In effect, her circumstances were those of one under house arrest.  She had made it clear in her discussions with him that she would not accept freedom for herself until all those arrested since may had been released.  According to official figures, 109 of the 153 people arrested with the Depayin incident had so far been released.  He had also received reports that there had been approximately 250 new arrests since 30 May.

He said he did not see any other solution than through dialogue and harmony at the negotiation table.  At this delicate juncture in Myanmar’s history, the political parties and ethnic nationalities must decide what direction to take for their country.  Any unilateral move by any one group that excluded the others would not bring Myanmar closer to its optimal destination.

The representative of Myanmar, responding to Mr. Pinheiro’s statement, said the people who clashed with Daw Aung San Suu Kyi’s motorcade in the incident underpinning much of Mr. Pinheiro’s report, were neither limited to government supporters nor those with affiliations to any political party.  It occurred in a remote area where there was no police or military presence.  If Daw Aung San Suu Kyi and her group had travelled under proper security arrangements, the unfortunate incident would have been avoided. 

In order to prevent further skirmishes, the Government had placed the political leaders involved in the incident under protective custody and had taken legal action against those involved in the violent clashes.  The eyewitness accounts needed to be seen objectively, he said, noting the misrepresentation of facts provided by accounts of so-called eyewitnesses.  The Government of Myanmar was perplexed that the Special Rapporteur seemed to be joining the chorus of detractors who were promoting the impression that the incident was stage-managed by the Government.  The fact was that the Government was completely taken by surprise and was baffled by the wisdom of politicians who behaved as though they were invincible.  The United Nations should remain objective and refrain from taking sides based simply on the so-called evidence provided by the opposition.

He said his Government had requested the Special Rapporteur to be aware that sources who misled him in the recent past were also unlikely to provide him with correct and objective data in the future.  Research, in order to yield credible data, must be carried out on populations without bias or political affiliation.  So long as such research was conducted exclusively on one side of the border, the conclusions would remain biased and questionable. 

He stressed that it was Myanmar’s resolve to continue the political transition process, and it was not going to be deterred by the Depayin incident from carrying on this process with all political parties and ethnic nationalities that were willing to join the process. 

The representative of the United States asked the Special Rapporteur what he thought the potential was for getting a credible independent investigation of the Depayin incident.  Her delegation also wanted to know whether he had any information on how many people had been killed and how those arrested had been treated and interrogated.

Mr. PINHEIRO responded that he had proposed to the Government of Myanmar to conduct such an investigation but had not yet received a formal answer to his request.  He had seen some irregularities in the pre-trial detention of people arrested, adding that 109 of the 153 people arrested in connection with the incident had so far been released.  Regarding the numbers of deaths, both sides had recognized four deaths.  That did not mean that not more than four deaths could be determined, but for the time being, he had not been able to find information about more than four deaths.

The representative of China asked the Special Rapporteur how he had found the atmosphere between the Myanmar Government and Daw Aung San Suu Kyi during his visit in March and during his last visit in November.

Mr. PINHEIRO, addressing the statement made by the Myanmar representative, said he had only had access to eyewitnesses who lived outside the Myanmar border.  He clarified that he never used information from other sources and that all the information he used in his report was information he had gotten himself.  He also said he had never used the adjective “so-called” in referring to the road map for political transition proposed by the Myanmar Government, and accepted the proposed road map as a process.

He said it was very difficult to have a cordial atmosphere when someone was living under de facto house arrest.  He had found Daw Aung San Suu Kyi in a very positive mood and ready to engage in dialogue.  She had said she did not consider the incident of 30 May as a reason to block dialogue and expressed no interest in seeking revenge.

The representative of the Republic of Korea said his delegation had noted with interest Myanmar’s seven-step road map and asked the Special Rapporteur what merits and demerits he saw in the road map initiative.  What conditions must be met for the initiative to be successful?  He also asked the Special Rapporteur to address his delegation’s concerns about gender equality and the empowerment of women as critical to development strategies and the promotion of human rights.

Mr. PINHEIRO said he was not an adviser of governments regarding political process.  He only proposed that the seven-step transition include the basic requirements of freedoms of expression and political association if there were to be a genuine political transition.  It would be difficult to go on with such a transition without implementing those basic freedoms.

Turning to the issue of gender equality, he said he agreed entirely that the empowerment of women was critical, though he could not devote time to this issue in his present report.

The representative of Syria asked the Special Rapporteur to share his impressions regarding the perspective of the Association of South-East Asian Nations (ASEAN) on Myanmar.

Mr. PINHEIRO said it was not in his mandate to make proposals concerning political process but recognized that ASEAN countries were very much concerned about the normalization of political life in Myanmar.  He was counting on ASEAN to express to Myanmar that, in order for the road map to be successful, it was essential that political parties have some basic freedoms.  He reiterated that he was not an expert on political process in Myanmar, and his concern, as dictated by his mandate, was on human rights issues related to the political process.

The representative of the United Republic of Tanzania asked the Special Rapporteur to discuss his opinion regarding the connection of his work with the Secretary-General’s Special Envoy, Razali Ismail.

He said he worked in close cooperation with other United Nations agencies involved in Myanmar, and it was important to continue dialogue and cooperation with other agencies, but he was not interested in linking his work with humanitarian assistance.

The representative of Pakistan said he had heard that more than four people had died in connection with the Depayin incident, though the Myanmar Government had insisted there had been only four deaths.  Did he have any information from Daw Aung San Suu Kyi or any other independent source on that matter?

Mr. PINHEIRO responded that from all the sources he had contacted thus far, he was not in a position to acknowledge more than four deaths.

The representative of Viet Nam asked the Special Rapporteur to comment on the national reconciliation process.

Mr. PINHEIRO said that when Myanmar spoke about national reconciliation, it was speaking about unity and ceasefire and the pacification of groups that were fighting.  The Depayin incident had interrupted the confidence-building process because opposition members had been arrested and detained.  Since then, just one party has been able to operate.  This had profoundly affected the political process.