Resolutions
on the Situation of Human Rights in Myanmar
adopted from 1992 by
the UN Commission on Human Rights
2003
UNITED NATIONS
Economic and Social Council
Distr.
LIMITED
E/CN.4/2003/L.36
11 April 2003
Original:
ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-ninth session
Agenda item 9
QUESTION
OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ANY PART
OF THE WORLD
Albania*, Andorra*, Austria, Belgium, Bulgaria*,
Canada, Cyprus*, Czech Republic*, Denmark*, Estonia*, Finland*,
France, Germany, Greece*, Hungary*, Iceland*, Ireland, Italy*,
Latvia*, Liechtenstein*, Lithuania*, Luxembourg*, Malta*, Monaco*,
Netherlands*, Norway*, New Zealand*, Poland, Portugal*, Republic of
Korea, Romania*, San Marino*, Slovakia*, Slovenia*, Spain*, Sweden,
Switzerland*, United Kingdom of Great Britain and Northern Ireland,
United States of America [Added from the floor: Turkey, Nicaragua,
Peru, Australia, Uruguay, Peru (not a definitive list)]: draft
resolution
2003/... Situation of human rights in Myanmar
The
Commission on Human Rights,
Guided by the Charter of the
United Nations, the Universal Declaration of Human Rights, the
International Covenants on Human Rights and other human rights
instruments,
Reaffirming that all Member States of the
United Nations have an obligation to promote and protect human rights
and fundamental freedoms and the duty 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, the Convention on the Elimination of All
Forms of Discrimination against Women, the Convention on the
Prevention and Punishment of the Crime of Genocide, the Geneva
Conventions of 12 August 1949 for the protection of the victims of
war, as well as the Convention concerning Forced or Compulsory
Labour, 1930 (Convention No. 29) and the Convention concerning
Freedom of Association and Protection of the Right to Organize, 1948
(Convention No. 87) of the International Labour
Organization,
Recalling its previous resolutions on the
subject, the most recent of which is resolution 2002/67 of 25 April
2002, and those of the General Assembly, the most recent of which is
resolution 57/231 of 18 December
2002,
Bearing in mind the report of the Secretary-General on
children and armed conflict (S/2002/1299),
Recalling
resolution I adopted by the International Labour Organization at
its eighty-eighth session, on 14 June 2000, concerning the practice
of forced or compulsory labour in Myanmar,
Affirming that
the will of the people is the basis of the authority of government
and that the will of the people of Myanmar was clearly expressed in
the elections held in 1990,
Affirming also that the
establishment of a genuine democratic government in Myanmar is
essential for the realization of all human rights and fundamental
freedoms,
Recognizing that good governance, democracy,
the rule of law and respect for human rights are essential to achieve
sustainable development and economic growth, and that good governance
includes the idea of transparent, responsible, accountable and
participatory government at all levels,
1.
Welcomes:
(a) The freedom
of movement within the country enjoyed by the leader of the National
League for Democracy, Aung San Suu Kyi;
(b) The
release from prison of a number of persons detained for political
activities;
(c) The
reports of both the Special Rapporteur on the situation of human
rights in Myanmar (E/CN.4/2003/41) and the Special Envoy of the
Secretary-General;
(d) The
visits to Myanmar by the Special Envoy of the Secretary-General for
Myanmar during the past year and the cooperation extended to him by
the Government of Myanmar;
(e)
The visits to Myanmar by the Special Rapporteur during the
past year, but expresses concern over the curtailment of his
fact-finding visit in March 2003 owing to the discovery of listening
devices during his interviews with prisoners in Insein prison, and
expects that the outcome of a thorough investigation into the
incident will be communicated to the United Nations High Commissioner
for Human Rights;
(f)
The continued cooperation with the International Committee of the Red
Cross and the slight improvement in the conditions of
detention;
(g) The
visit by an Amnesty International delegation to Myanmar;
(h)
The appointment of the Liaison Officer of the International
Labour Organization and her efforts to fulfil her
mandate;
(i)
The growing awareness of the Government of the need to combat the
production of opium in Myanmar;
(j)
The growing awareness of the Government of the need to respond
effectively to the ever-increasing impact of the human
immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS)
on the population of Myanmar;
(k)
The dissemination of human rights standards for public officials
and some non-governmental organizations and ethnic groups through a
series of human rights workshops, but stresses that such activities
need to lead also to concrete efforts to improve the human rights
situation on the ground;
2.
Takes note of the establishment by the Government 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 on the
promotion and protection of human rights annexed to General Assembly
resolution 48/134 of 20 December 1993, but also notes that further
progress has not been achieved regarding the establishment of an
effective and independent national human rights
commission;
3.
Expresses its grave concern at:
(a) The
ongoing systematic violation of human rights, including civil,
political, economic, social and cultural rights, of the people of
Myanmar;
(b) The continued
refusal to enter into a genuine political dialogue with Aung San Suu
Kyi and other democratic leaders and the harassment and attempted
intimidation of Aung San Suu Kyi and opposition activists by the
authorities of Myanmar, supported by the Union Solidarity Development
Association;
(c)
Extrajudicial killings; reports of rape and other forms of sexual
violence persistently carried out by members of the armed forces;
continuing use of torture; renewed
instances of political arrests
and continuing detentions, including of prisoners whose sentences
have expired; forced relocation; destruction of livelihoods and
confiscations of land by the armed forces; forced labour, including
child labour; trafficking in persons; denial of freedom of assembly,
association, expression and movement; discrimination and persecution
on the basis of religious or ethnic background; wide disrespect for
the rule of law and lack of independence of the judiciary;
unsatisfactory conditions of detention; systematic use of child
soldiers; and violations of the rights to an adequate standard of
living, such as food, and to medical care and to
education;
(d) The
violations of human rights suffered in particular by persons
belonging to ethnic minorities, women and children, especially in
non-ceasefire areas;
(e) The
situation of the large number of internally displaced persons and the
flow of refugees to neighbouring countries, and recalls in this
context the obligations of Myanmar under international
law;
(f) The still
insufficient response of the Myanmar authorities to the progressively
more critical HIV/AIDS situation in Myanmar;
4.
Calls upon the Government of Myanmar:
(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 by all organs of government,
including the armed
forces, 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, 1930 (Convention No. 29);
(c) To
take action to agree modalities and a framework for the position of
the Liaison Officer of the International Labour Organization to
evolve quickly into a full and effective
representation of the
organization in Myanmar as envisaged by the High Level Team of the
International Labour Organization;
(d) To
immediately ensure safe and unhindered access to all parts of Myanmar
for 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
improve cooperation with the Special Envoy of the Secretary-General
on Myanmar and the Special Rapporteur on the situation of human
rights in Myanmar of the Commission in order to bring Myanmar towards
a transition to civilian rule, and to ensure that they are both
granted full and free access to Myanmar and that all persons
cooperating with the Special Envoy and Special Rapporteur are not
subjected to any form of intimidation, harassment or
punishment;
(f)
To consider as a matter of high priority becoming party to the
International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment and its Optional Protocol, the International
Convention on the Elimination of All Forms of Racial Discrimination,
the Convention relating to the Status of Refugees and the Protocol
thereto, the Optional Protocols to the Convention on the Rights of
the Child on the involvement of children in armed conflict and on the
sale of children, child prostitution and child pornography, the
International Labour Organization Convention concerning the
Prohibition and Immediate Action for the Elimination of the Worst
Forms of Child Labour, 1999 (Convention No. 182); the Convention on
the Prohibition on the Use, Stockpiling, Production and Transfer of
Anti-Personnel Mines and on Their Destruction; and the Additional
Protocols of 1977 to the Geneva Conventions of 12 August
1949;
(g) To pursue
through dialogue and peaceful means the immediate suspension and
permanent end of conflict with all ethnic groups in
Myanmar;
(h) To
establish a national human rights commission following the Principles
relating to the status of national institutions on the promotion and
protection of human rights;
5.
Strongly urges the Government of Myanmar:
(a)
To restore democracy and respect the results of the 1990
elections and to enter immediately into substantive and structured
dialogue with Aung San Suu Kyi and other leaders of the National
League for Democracy towards democratization and national
reconciliation and at an early stage to include other political
leaders in these talks, including representatives of the ethnic
groups;
(b) To end the
systematic violations of human rights in Myanmar, to ensure full
respect for all human rights and fundamental freedoms, to end
impunity and 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) Without
further delay to cooperate fully with the Special Rapporteur of the
Commission on Human Rights to facilitate an independent international
investigation of continuing reports of sexual violence 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 with
particular emphasis on the elderly and the sick;
(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 in accordance with Security Council
resolution 1460 (2003) of 30 January 2003;
(f)
To lift all restraints on peaceful political activity of all persons,
including former political prisoners, by, inter alia, guaranteeing
freedom of association and freedom of expression, including freedom
of the media, and to ensure unhindered access to information for the
people of Myanmar;
(g)
To end the systematic enforced displacement of persons and other
causes of refugee flows to neighbouring countries, 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 mounting gravity of the situation
regarding HIV/AIDS and to carry out fully the 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 political and ethnic groups and with the
cooperation and assistance of all relevant international
agencies;
6.
Decides:
(a) To
extend the mandate of the Special Rapporteur, as contained in
Commission resolution 1992/58 of 3 March 1992, for a further year,
and requests the Special Rapporteur to submit an interim report to
the General Assembly at its fifty-eighth session and to report to the
Commission at its sixtieth session;
(b)
To request the Secretary-General to continue to give all
necessary assistance to the Special Rapporteur to enable him to
discharge his mandate fully;
r
7. Requests
the Secretary-General to bring the present resolution to the
attention of all relevant parts of the United Nations system;
8.
Decides to continue
consideration of this question at its sixtieth
session;
9. Recommends
the following decision to the Economic and Social Council for
adoption:
"The Economic and Social Council, taking note
of Commission on Human Rights resolution 2003/... of ... April 2003
endorses the Commission's decision to extend the mandate of the
Special Rapporteur, as contained in Commission resolution 1992/58 of
3 March 1992, for a further year, and to request the Special
Rapporteur to submit an interim report to the General Assembly at its
fifty-eighth session and to report to the Commission at its sixtieth
session."
______________________________________________________
*
In accordance with rule 69, paragraph 3, of the rules of procedure of
the functional commissions of the Economic and Social
Council.
[ADOPTED BY CONSENSUS, 16 APRIL 2003]
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ
2002
Situation
of human rights in Myanmar
Commission on Human Rights
resolution 2002/67
The Commission on
Human Rights,
Reaffirming that all Member States
have an obligation to promote and protect human rights and
fundamental freedoms as stated in the Charter of the United Nations
and as elaborated in the Universal Declaration of Human Rights, the
International Covenants on Human Rights and other applicable human
rights instruments,
Recognizing that the systematic
violations of civil, political, economic, social and cultural rights
by the Government of Myanmar have a significant adverse effect on the
health and welfare
of the people of Myanmar and are at the heart
of a precarious humanitarian situation,
Aware that the
Universal Declaration of Human Rights states that the will of the
people shall be the basis of the authority of government and
therefore gravely concerned that the Government of Myanmar still has
not implemented its commitment to take all necessary steps towards
democracy in the light of the results of the elections held in 1990,
Recalling the observation made by the Special
Rapporteur that only the full release of all political prisoners will
pave the way to national reconciliation and the establishment of the
rule of law leading to the democratization process,
Mindful
that Myanmar is a party to the Convention on the Rights of the Child,
the Convention on the Elimination of All Forms of Discrimination
against Women, the Geneva Conventions of 12 August 1949 on the
protection of victims of war, as well as the 1930 Convention
concerning forced or compulsory labour (No. 29) and the 1948
Convention concerning freedom of association and protection of the
right to organize (No. 87) of the International Labour Organization,
Recalling resolution I adopted by the International
Labour Conference at its eighty-eighth session, on 14 June 2000,
concerning the practice of forced or compulsory labour in
Myanmar,
Recalling also previous resolutions of the
General Assembly and the Commission on the subject, most recently
Assembly resolution 56/231 of 24 December 2001 and Commission
resolution 2001/15 of 18 April 2001,
Welcoming the
cooperation extended to the Special Envoy of the Secretary-General as
well as to the Special Rapporteur during their visits to Myanmar,
1.
Expresses its appreciation for the assistance and
collaboration that the Government of Myanmar has extended to the
Special Rapporteur during his mission and urges it to continue
cooperating with the Special Rapporteur and other relevant United
Nations mechanisms, to allow them freely to carry out other missions
on the ground and to implement their recommendations fully,
especially those contained in the report of the Special Rapporteur
(E/CN.4/2002/45);
2. Welcomes:
(a) The
report of the Special Rapporteur on the situation of human rights in
Myanmar, the observations on the situation and the recommendations
contained therein;
(b) The report of the
Secretary-General on the visit of his Special Envoy to Myanmar
(A/56/505), his actions and good offices to facilitate the process of
national reconciliation;
(c) The contacts between the
Government and Aung San Suu Kyi, Secretary-General of the National
League for Democracy, and hopes that such talks will be extended at
an appropriate time to include, among others, representatives of
ethnic minorities and thereby facilitate broad-based and inclusive
national reconciliation and the restoration of democracy;
(d)
The steps taken by the Government of Myanmar to allow some political
functions to be resumed by the opposition, including the reopening of
some branch offices of political parties and the cessation of the
negative media campaign, but expresses deep concern at the
unnecessary and discriminatory stringent restrictions that continue
to hamper political parties' freedom of assembly, association,
expression, information and movement, as noted by the Special
Rapporteur;
(e) The release from detention of some
political activists, and urges the Government of Myanmar to free all
remaining political prisoners, to ensure their personal safety and
allow them to take part in the process of national reconciliation;
(f) The ongoing ceasefires in some areas of the
country, and calls upon the Government of Myanmar to formalize these
agreements and pursue promises of political dialogue and urges the
authorities and all parties in conflict to continue resolving their
differences through political dialogue;
(g) Continued
cooperation with the International Committee of the Red Cross in
carrying out humanitarian missions involving visiting places of
detention and communication with detainees, and expresses the hope
that it will continue and develop further;
(h) The
release from detention of some women with small children on
humanitarian grounds;
(i) The reopening of all
institutes of tertiary education, but remains concerned that
enjoyment of the right to education continues to be limited, often
for political reasons, by the reduction in the length of the academic
year, the division of the student population and its dispersal to
distant campuses, the lack of teachers, and inadequate material
support from the Government, which seriously affects the future
prospects for young people, and the inadequate allocation of
resources;
(j) The dissemination of human rights
standards for public officials through a series of human rights
workshops, and encourages the Government of Myanmar to widen
participation in these workshops to ensure that this information, and
its practical implementation, can benefit all citizens of
Myanmar;
(k) The understanding reached between the
Government and the International Labour Organization concerning the
appointment of an International Labour Organization liaison officer
in Myanmar by June 2002, which will serve as a first step towards the
establishment of a full and effective representation by the this
organization in Myanmar;
(l) The launching of the
United Nations joint plan of action on human immunodeficiency
virus/acquired immunodeficiency syndrome (HIV/AIDS) in Myanmar;
3.
Takes note of the establishment of a committee on human
rights, leading to the establishment of a national human rights
commission, and urges that the Commission comply with the Principles
relating to the status of national institutions for the promotion and
protection of human rights (Paris Principles) annexed to General
Assembly resolution 48/134 of 20 December 1993;
4.
Expresses its grave concern:
(a) At the slow pace
of the process of national reconciliation and democratization in
Myanmar and urges greater momentum towards national
reconciliation;
(b) At the persistence of a
governmental policy based on the repression of all political
activities of opposition and on the abuse of the legal system through
arbitrary detention, imprisonment and systematic surveillance of
persons who try to exercise their freedom of thought, expression,
assembly and association and harassment of their families, as well as
the lack of respect for and protection of freedom, health, education
and human development of the population;
(c) At the
composition and working procedures of the National Convention that do
not permit either members of Parliament-elect or representatives of
the ethnic minorities to express their views freely and urges the
Government of Myanmar to intensify political dialogue and the
confidence-building measures, both with the opposition and with all
the ethnic groups, to search for new procedures to allow the
promotion of a real national reconciliation based on cooperation and
the adoption of joint measures, and to establish a chronological
framework for so doing;
(d) At the keeping of Aung San
Suu Kyi under de facto house arrest and other members of the National
League for Democracy in prison, and urges the Government of Myanmar
to release them immediately and unconditionally and allow them to
exercise their freedom of association, movement and expression;
(e)
At the imprisonment of elected members of Parliament for peacefully
exercising their freedom of assembly, association and expression;
(f) At the fact that there was only very modest
improvement in the eradication of forced labour since, in spite of
the official prohibition, there have been only uneven efforts to
disseminate order 1/99 and the supplementary orders among the
population, since the orders have not been observed by the military
at the local level and since, in spite of widespread instances of
forced labour, there have been no criminal prosecutions;
(g)
At the persistence of grave and massive violations of human rights of
civilians, especially in areas where the military conflict is still
ongoing between the army and the armed groups in the States of Shan,
Karen and Karenni, and urges all the parties to the hostilities in
Myanmar to respect fully their obligations under international
humanitarian law, including article 3 common to the Geneva
Conventions of 12 August 1949, to halt the use of weapons against the
civilian population, to protect all civilians, including children,
women and persons belonging to ethnic or religious minorities, from
violations of humanitarian law, and to avail themselves of services
offered by impartial humanitarian bodies;
(h) At the
ever-increasing impact of HIV/AIDS on the population of Myanmar and
urges the Government of Myanmar to recognize further the gravity of
the situation, the need to commit adequate resources and the need to
take measures, in cooperation with the National League for Democracy,
ethnic groups, non-governmental organizations and women's groups, in
particular preventive measures, to fight this epidemic including
through the effective implementation of the United Nations Joint
Action Plan which must reach the communities that are most affected
by HIV/AIDS and therefore more vulnerable to it;
(i) At
the deeply unsatisfactory conditions which still exist in prisons,
labour camps and other detention centres in Myanmar as reported by
the Special Rapporteur, such as cruel and degrading treatment, lack
of medical assistance, inadequate nutrition, prolonged solitary
confinement and detention in excessively small cells, the
discriminatory treatment of political prisoners, as well as the high
mortality rate among labour camp inmates;
5. Deplores:
(a)
The continuing pattern of gross and systematic violations of human
rights in Myanmar, including extrajudicial, summary or arbitrary
executions, enforced disappearances, rape, torture, inhuman
treatment, forced labour, including the use of children, forced
relocation and denial of freedom of assembly, association,
expression, religion and movement;
(b) The lack of
independence of the judiciary from the executive and the wide
disrespect for the rule of law, including for the basic guarantees of
due process, especially in cases involving the exercise of political
and civil rights and freedoms resulting in arbitrary arrests and
detentions, the absence of judicial control over detentions,
sentences passed without trial, keeping the accused in ignorance of
the legal basis of the charge brought against them, trials held in
secret and without proper legal representation of the accused,
continued instances of detention and sentencing of people for
political offences, the failure to inform the family and counsel of
the accused about the sentence, and arbitrary extension of completed
sentences;
(c) The continued violations of the human
rights of, and widespread discriminatory practices against, persons
belonging to ethnic and religious minorities, including extrajudicial
execution, rape, torture, ill-treatment and the systematic programmes
of forced relocation directed against ethnic minorities, notably in
Karen, Karenni, Rakhine, Chin and Shan States and in Tenasserim
Division, destruction of places of worship, use of anti-personnel
landmines, destruction of crops and fields and dispossession of land
and property, which deprive these persons of all means of subsistence
and result in large-scale displacement of persons and flows of
refugees to neighbouring countries and an increasing number of
internally displaced persons;
(d) Reports of restrictions
on the exercise of freedom of religion, such as the restriction on
the building of new mosques and churches and forced conversions,
notably of Muslims in Rakhine State and Christians in Chin State;
(e) The continuing violations of the human rights of
women, in particular forced labour, trafficking, sexual violence and
exploitation and abuse in detention, often committed by military
personnel and especially directed towards women who are returning
refugees, internally displaced, or belong to ethnic minorities or the
political opposition;
(f) The continuing violations of
the rights of children in Myanmar, in particular through the lack of
conformity of the existing legal framework with the Convention on the
Rights of the Child, conscription of children into forced labour
programmes, sexual exploitation of children and their recruitment and
other forms of exploitation by the military, discrimination against
children belonging to ethnic and religious minorities, and high rates
of infant and maternal mortality and malnutrition;
(g)
The severe restrictions on the freedoms of opinion, expression,
assembly and association, the restrictions on citizens' access to
information, including censorship of all forms of domestic media and
many international publications, and the restrictions imposed on
citizens wishing to travel within the country and abroad including
the denial of passports on political grounds, and gross interference
in private life, family, home and correspondence;
(h)
The situation of the large number of internally displaced persons and
reaffirms the need to give them the necessary protection and
assistance and urges the Government to respect the right of refugees
to voluntary, safe and dignified return monitored by appropriate
international agencies;
6. Calls upon the Government of
Myanmar:
(a) To develop further a constructive
dialogue with the United Nations system, including the human rights
mechanisms, for the effective promotion and protection of human
rights in the country;
(b) To continue to cooperate
with the Secretary-General and his Special Envoy and to implement
their recommendations fully;
(c) To cooperate fully
with all United Nations representatives, in particular to develop
further the contacts established with the Special Rapporteur, to
allow him freely to return to Myanmar and to conduct field missions,
thereby furthering his contacts with the Government and all other
relevant sectors of society and enabling him fully to discharge his
mandate;
(d) To consider becoming a party to the
International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the International Convention on the
Elimination of All Forms of Racial Discrimination and the Convention
relating to the Status of Refugees and its Protocol;
7. Strongly
urges the Government of Myanmar:
(a) To implement
fully the recommendations made by the Special Rapporteur;
(b)
To ensure full respect for all human rights and fundamental freedoms,
including economic, social and cultural rights, in particular to
ensure full respect for the freedoms of expression, religion,
association, movement and assembly, the right to a fair trial by an
independent and impartial judiciary, and the protection of the rights
of persons belonging to ethnic and religious minorities;
(c)
To put an end to violations of the right to life and integrity of the
human being and to the practices of torture, abuse of women, forced
labour and forced relocations, enforced disappearances and summary
executions;
(d) To fulfil its obligations to restore
the independence of the judiciary and due process of law, to end
impunity and bring to justice all perpetrators of human rights
violations, including members of the military, and to investigate and
prosecute alleged breaches of international humanitarian and human
rights law committed by government agents in all circumstances;
(e)
To recognize the political rights of members of all political
parties, to allow the National League for Democracy and all other
political parties to participate in the democratic process and to
enter into a substantive political dialogue with them in order to
accelerate the democratic transition, to ensure the irreversibility
of the process and to develop, as a matter of priority, an electoral
system that allows the creation of a structure of democratic
governance and guarantees the participation of all political forces
including ethnic minorities;
(f) To fulfil its
obligations under the Convention on the Rights of the Child and the
Convention on the Elimination of All Forms of Discrimination against
Women by bringing national legislation and practice into conformity
with these conventions, and to consider signing and ratifying the
Optional Protocol to the Convention on the Elimination of All Forms
of Discrimination against Women, as well as the Optional Protocols to
the Convention on the Rights of the Child;
(g) To
implement fully the recommendations made by the Committee on the
Elimination of Discrimination against Women, in particular the
request to prosecute and punish those who violate the human rights of
women and to carry out human rights education and
gender-sensitization training, in particular for military personnel;
(h) To release immediately and unconditionally those
detained or imprisoned for political reasons, with special urgency
with respect to those who are old, sick and imprisoned beyond the
terms of their sentence, and to offer guarantees to released
prisoners that they will not be arrested again or subjected to
harassment and to allow them to participate freely in the political
process;
(i) To apply the Body of Principles for
the Protection of All Persons under any Form of Detention or
Imprisonment adopted by the General Assembly in its resolution 43/173
of 9 December 1988 in order to improve conditions of detention, in
particular in the field of health, and to eliminate unnecessary
restrictions imposed on the detainees;
(j) To put an
end to the causes of the systematic forced displacements of persons
and the flow of refugees to neighbouring countries and create
adequate conditions for their safe and voluntary return and complete
reintegration, to allow humanitarian personnel safe and unhindered
access to assist their return and reintegration, and to address the
problems of trafficking of women and children, especially in the
border area;
(k) To cease the laying of landmines, in
particular as a means of ensuring forced relocation, and to desist
from the forced conscription of civilians to serve as human
minesweepers, and to consider becoming a party to the 1997 Convention
on the Prohibition of the Use, Stockpiling and Transfer of
Anti-personnel Mines and on Their Destruction;
(l) To
implement fully concrete legislative, executive and administrative
measures to eradicate the practice of forced labour and to sanction
those responsible;
(m) To implement fully the
recommendations of the International Labour Organization Commission
of Inquiry established to examine the observance of the 1930
Convention on forced or compulsory labour (No. 29) and the high-level
team and to cooperate fully with the International Labour
Organization in establishing, as soon as possible, a continued and
effective representation of the Organization in Myanmar, in agreeing
to the appointment of an independent ombudsman and in carrying out
the other conclusions adopted by the Governing Body of the
International Labour Office at its 282nd session in November 2001 and
at its 283rd session in March 2002 concerning the observance by the
Government of Myanmar of the Convention concerning forced or
compulsory labour (No. 29);
(n) To cooperate fully with
the United Nations international humanitarian organizations, and all
sectors of the community through consultation, to facilitate the
granting of authorization to work throughout the country to United
Nations and international humanitarian personnel, to allow the
provision of humanitarian assistance and to guarantee that it
actually reaches the most vulnerable groups of the population, in
cooperation with all relevant political and ethnic groups;
(o)
To promote and protect the human rights of persons living with
HIV/AIDS and guard against any marginalization and discrimination
that they may experience;
(p) To ensure that sufficient
funding is allocated to the health care system to enable health
workers to provide the highest possible standard of health care for
all in need;
(q) To enable the building up of a
pluralist civil society by creating conditions for the full exercise
of the freedoms of expression, association and assembly, including
through the revision of relevant legislation, holding a constructive
human rights dialogue with the organizations of civil society and
finally allowing the creation of these organizations in all sectors
of life;
8. Decides:
(a) To extend the
mandate of the Special Rapporteur, as contained in Commission
resolution 1992/58 of 3 March 1992, for a further year, and requests
the Special Rapporteur to submit an interim report to the General
Assembly at its fifty-seventh session and to report to the Commission
at its fifty-ninth session, and to keep a gender perspective in mind
when seeking and analysing information;
(b) To request
the Secretary-General to continue to give all necessary assistance to
the Special Rapporteur to enable him to discharge his mandate fully;
(c) To request the Secretary-General to continue his
discussions with the Government on the situation of human rights and
the restoration of democracy and with anyone he may consider
appropriate in order to assist in the implementation of General
Assembly resolution 56/231 and of the present resolution;
(d)
To request the United Nations High Commissioner for Human Rights to
cooperate with the Director-General of the International Labour
Office with a view to identifying ways in which their offices might
usefully collaborate for the improvement of the human rights
situation in Myanmar;
(e) To request the
Secretary-General to bring the present resolution to the attention of
all relevant parts of the United Nations system;
(f)
To continue its consideration of this question at its fifty-ninth
session.
55th
meeting
25 April 2002
[Adopted without a vote.
E/2002/23 - E/CN.4/2002/200, see chap. IX.]
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ
2001
Situation
of human rights in Myanmar
Commission on Human Rights
resolution 2001/15
The Commission on
Human Rights,
Reaffirming that
all Member States have an obligation to promote and protect human
rights and fundamental freedoms as stated in the Charter of the
United Nations and as elaborated in the Universal Declaration of
Human Rights, the International Covenants on Human Rights and other
applicable human rights instruments,
Recognizing that
the systematic violations of civil, political, economic, social and
cultural rights by the Government of Myanmar have had a significant
adverse effect on the health and welfare of the people of
Myanmar,
Welcoming the cooperation extended to the
Special Envoy of the Secretary-General as well as to the newly
appointed Special Rapporteur during their respective recent visits to
Myanmar, while regretting the failure of the Government of Myanmar to
cooperate fully with some of the relevant United Nations mechanisms,
in particular the former Special Rapporteur,
Aware that
the Universal Declaration of Human Rights states that the will of the
people shall be the basis of the authority of government and
therefore gravely concerned that the Government of Myanmar still has
not implemented its commitment to take all necessary steps towards
democracy in the light of the results of the elections held in
1990,
Recalling the observation made by the former
Special Rapporteur that the absence of respect for the rights
pertaining to democratic governance is at the root of all the major
violations of human rights in Myanmar,
Mindful that
Myanmar is a party to the Convention on the Rights of the Child, the
Convention on the Elimination of All Forms of Discrimination against
Women, the Geneva Conventions of 12 August 1949 on the protection of
victims of war as well as the 1930 Convention concerning forced or
compulsory labour (No. 29) and the 1948 Convention concerning freedom
of association and protection of the right to organize (No. 87) of
the International Labour Organization,
Recalling the
resolution adopted by the International Labour Conference at its
eighty-seventh session on the widespread use of forced labour in
Myanmar, and also the resolution adopted by the Conference at its
eighty-eighth session foreseeing a broad range of measures aimed at
ensuring the observance by Myanmar of the recommendations of the
Commission of Inquiry established to examine the application of the
Convention concerning forced or compulsory labour, which came into
effect on 30 November 2000,
Recalling previous
resolutions of the General Assembly and the Commission on the
subject, most recently Assembly resolution 55/112 of 4 December 2000
and Commission resolution 2000/23 of 18 April 2000,
1.
Welcomes:
(a) The interim report of the former
Special Rapporteur on the situation of human rights in Myanmar
(A/55/359), the observations on the situation and the recommendations
contained therein;
(b) The initial observations
presented to the Commission by the newly appointed Special Rapporteur
on the situation of human rights in Myanmar;
(c) The
assistance of the Government of Myanmar in facilitating the recent
exploratory visit by the newly appointed Special Rapporteur to
Myanmar, and hopes that the Special Rapporteur soon will be able to
return to Myanmar in order to discharge his mandate fully;
(d)
The report of the Secretary-General on the visit of his Special Envoy
to Myanmar (A/55/509), and endorses the appeal of the Special Envoy
for the initiation of a process of dialogue that would lead to
national reconciliation and supports his efforts to achieve such a
dialogue;
(e) The initiation of contacts between the
Government and Aung San Suu Kyi, Secretary-General of the National
League for Democracy, and hopes that such talks will be extended at
an appropriate time to include, among others, representatives of
ethnic minorities and thereby will facilitate broad-based and
inclusive national reconciliation and the restoration of
democracy;
(f) The release from detention of a number
of democratic political activists;
(g) The continued
cooperation with the International Committee of the Red Cross,
allowing the Committee to communicate with and visit detainees in
accordance with its modalities of work, and hopes that the programme
will be pursued further;
(h) The reopening of some
university courses, but remains concerned that the right to education
continues to be a right that is exercised only by those willing to
refrain from exercising their civil and political rights, and
concerned at the reduction in the length of the academic year, the
division and separation of the student population to distant campuses
and inadequate allocation of resources;
2. Notes the
establishment by the Government of Myanmar of a preparatory process
for a human rights committee and encourages it to continue this
process in conformity with 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:
(a)
At the systematic policy of the Government of Myanmar of persecuting
the democratic opposition, National League for Democracy members and
their families, as well as ethnic opposition parties, and at the use
by the Government of intimidatory methods such as arbitrary arrest
and detention, abuse of the legal system, including harsh long-term
prison sentences, which has forced many to refrain from exercising
their legitimate political rights;
(b) That the
composition and working procedures of the National Convention do not
permit either members of Parliament-elect or representatives of the
ethnic minorities to express their views freely, and urges the
Government of Myanmar to seek constructive means to promote national
reconciliation and to restore democracy, including through the
establishment of a time-frame for action;
(c) That the
Government of Myanmar has failed to cease its widespread and
systematic use of forced labour of its own people and to meet all
three recommendations of the International Labour Organization on
that issue; this failure has compelled the International Labour
Organization strictly to limit further cooperation with the
Government and has prompted the International Labour Conference to
adopt a resolution recommending that international organizations
reconsider any cooperation with Myanmar and that Governments,
employers and workers take appropriate measures to ensure that the
Government of Myanmar cannot take advantage of such relations to
perpetuate or extend the system of forced or compulsory labour
referred to by the Commission of Inquiry established to examine the
observance of the Convention concerning forced or compulsory labour
(No. 29);
4. Deplores:
(a) The
deterioration of the human rights situation and the continuing
pattern of gross and systematic violations of human rights in
Myanmar, including extrajudicial, summary or arbitrary executions,
enforced disappearances, rape, torture, inhuman treatment, mass
arrests, forced labour, forced relocation and denial of freedom of
assembly, association, expression and movement;
(b) The
lack of independence of the judiciary from the executive and the wide
disrespect of the rule of law, including of the basic guarantees of
due process, especially in cases involving exercise of political and
civil rights and freedoms, resulting in arbitrary arrests and
detentions, non-existence of judicial control over detentions,
sentences passed without trial, keeping the accused in ignorance of
the legal basis of the charge brought against them, trials held in
secrecy and without proper legal representation, want of knowledge by
the family and counsel of the accused about the sentence and
detentions beyond the end of prison sentences;
(c) The
continued violations of the human rights of, and widespread
discriminatory practices against, persons belonging to minorities,
including extrajudicial executions, rape, torture, ill-treatment and
the systematic programmes of forced relocation directed against
ethnic
minorities, notably in Karen, Karenni, Rakhine, Chin and
Shan States and in Tenasserim Division, use of anti-personnel
landmines, destruction of crops and fields, and dispossession of land
and property, which deprive these persons of all means of subsistence
and result in large-scale displacement of persons and flows of
refugees to neighbouring countries, and an increasing number of
internally displaced persons;
(d) The continuing
violations of the human rights of women, in particular forced labour,
trafficking, sexual violence and exploitation, often committed by
military personnel, and especially directed towards women who are
returning refugees, internally displaced or belong to ethnic
minorities or the political opposition;
(e) The
continuing violations of the rights of children, in particular
through the lack of conformity of the existing legal framework with
the Convention on the Rights of the Child, through conscription of
children into forced labour programmes, through their sexual
exploitation and through recruitment and all other exploitation by
the military, through discrimination against children belonging to
ethnic and religious minority groups and elevated rates of infant and
maternal mortality and malnutrition;
(f) The severe
restrictions on the freedoms of opinion, expression, assembly and
association, the restrictions on citizens' access to information,
including censorship controls on all forms of domestic media and many
international publications, and the restrictions imposed on citizens
wishing to travel within the country and abroad, including the denial
of passports on political grounds, and gross interference in private
life, family, home or correspondence;
5. Calls upon the
Government of Myanmar:
(a) To develop further a
constructive dialogue with the United Nations system, including the
human rights mechanisms, for the effective promotion and protection
of human rights in the country;
(b) To continue to
cooperate with the Secretary-General or his representative and to
implement their recommendations;
(c) To cooperate
fully with all United Nations representatives, in particular to
develop further the contacts established with the newly appointed
Special Rapporteur, to allow him, without preconditions, to return to
Myanmar in the near future and to conduct a field mission furthering
his contacts with the Government and all other relevant sectors of
society, and thus enable him fully to discharge his mandate;
(d)
To consider becoming a party to the International Covenant on Civil
and Political Rights, the International Covenant on Economic, Social
and Cultural Rights, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, the International
Convention on the Elimination of All Forms of Racial Discrimination
and the Convention relating to the Status of Refugees and its
Protocol;
6. Strongly urges the Government of Myanmar:
(a) To implement fully the recommendations made by the
Special Rapporteur;
(b) To ensure full respect for all
human rights and fundamental freedoms, including economic, social and
cultural rights;
(c) In particular to ensure full
respect for the freedoms of expression, association, movement and
assembly, the right to a fair trial by an independent and impartial
judiciary and the protection of the rights of persons belonging to
ethnic and religious minorities, and to put an end to violations of
the right to life and integrity of the human being and to the
practices of torture, abuse of women, forced labour and forced
relocations and to enforced disappearances and summary executions;
(d) To take urgent and concrete measures to ensure the
establishment of democracy in accordance with the will of the people
as expressed in the democratic elections held in 1990 and, to this
end, to extend the talks initiated with Aung San Suu Kyi,
Secretary-General of the National League for Democracy, to a genuine
and substantive dialogue with all the leaders of
political
parties and of ethnic minorities, with the aim of achieving national
reconciliation and the restoration of democracy, and to ensure that
political parties and non-governmental organizations can function
freely;
(e) To take all appropriate measures to allow
all citizens to participate freely in the political process, in
accordance with the principles of the Universal Declaration of Human
Rights, and to accelerate the process of transition to democracy, in
particular through the transfer of power to democratically elected
representatives, the prevention of intimidation and repression of
political opponents and enabling the building up of a pluralistic
civil society with the active participation of its members;
(f)
To release immediately and unconditionally those detained or
imprisoned for political reasons, including those in "government
guest houses", as well as journalists, and to ensure their
physical integrity and to permit them to participate in a meaningful
process of national reconciliation;
(g) To improve
conditions of detention, in particular in the field of health
protection, and to eliminate unnecessary restrictions imposed on the
detainees;
(h) To ensure the safety and well-being and
freedom of movement of all political leaders, including Aung San Suu
Kyi, and to permit unrestricted communication with and physical
access to Aung San Suu Kyi and other political leaders;
(i)
To fulfil its obligations under the Convention on the Rights of the
Child and under the Convention on the Elimination of All Forms of
Discrimination against Women by bringing national legislation and
practice into conformity with these conventions, and to consider
signing and ratifying the Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination against Women, as well as
the Optional Protocol to the Convention on the Rights of the Child on
the involvement of children in armed conflict;
(j) To
implement fully the recommendations made by the Committee on the
Elimination of Discrimination against Women, in particular the
request to prosecute and punish those who violate the human rights of
women and to carry out human rights education and
gender-sensitization training, in particular for military personnel;
(k) And all other parties to the hostilities in
Myanmar to respect fully their obligations under international
humanitarian law, including article 3 common to the Geneva
Conventions of 12 August 1949, to halt the use of weapons against the
civilian population, to
protect all civilians, including
children, women and persons belonging to ethnic or religious
minorities, from violations of humanitarian law, to end the use of
children as soldiers and to avail themselves of services offered by
impartial humanitarian bodies;
(l) To implement fully
concrete legislative, executive and administrative measures to
eradicate the practice of forced labour, in conformity with the
relevant recommendations of the Commission of Inquiry and to re-enter
into a dialogue with the International Labour Organization and invite
the organization to establish a presence in Myanmar in order to
enable it to verify that such measures are taken;
(m)
To cease the laying of landmines, in particular as a means of
ensuring forced relocation, and to desist from the forced
conscription of civilians to serve as human minesweepers, as
indicated in the report of the Commission of Inquiry;
(n)
To end the enforced displacement of persons and other causes of
internal displacement and refugee flows to neighbouring countries and
to create conditions conducive to their voluntary return and full
reintegration in safety and dignity, including returnees who have not
been granted rights of full citizenship, in close cooperation with
the international community, through the United Nations system and
its specialized agencies, governmental and intergovernmental
organizations, as well as non-governmental organizations;
(o)
To fulfil its obligations to restore the independence of the
judiciary and due process and to end impunity of and bring to justice
any perpetrators of human rights violations, including members of the
military, and to investigate and prosecute alleged breaches of
international humanitarian and human rights law committed by
government agents in all circumstances;
7. Decides:
(a)
To extend the mandate of the Special Rapporteur, as contained in
Commission resolution 1992/58 of 3 March 1992, for a further year,
and requests the Special Rapporteur to submit an interim report to
the General Assembly at its fifty-sixth session and to report to the
Commission at its fifty-eighth session, and to keep a gender
perspective in mind when seeking and analysing information;
(b)
To request the Secretary-General to continue to give all necessary
assistance to the Special Rapporteur to enable him to discharge his
mandate fully;
(c) To request the Secretary-General to
continue his discussions with the Government on the situation of
human rights and the restoration of democracy and with anyone he may
consider appropriate in order to assist in the implementation of
General Assembly resolution 55/112 and of the present
resolution;
(d) To request the United Nations High
Commissioner for Human Rights to cooperate with the Director-General
of the International Labour Office with a view to identifying ways in
which their offices might usefully collaborate for the improvement of
the human rights situation in Myanmar;
(e) To request
the Secretary-General to bring the present resolution to the
attention of all relevant parts of the United Nations system;
(f)
To continue its consideration of this question at its fifty-eighth
session.
63rd
meeting
18 April 2001
[Adopted without a vote. ]
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ
2000
Situation
of human rights in Myanmar
Commission on Human Rights
resolution 2000/23
The Commission on
Human Rights,
Reaffirming that all Member States
have an obligation to promote and protect human rights and
fundamental freedoms as stated in the Charter of the United Nations
and as elaborated in the Universal Declaration of Human Rights, the
International Covenants on Human Rights and other applicable human
rights instruments,
Gravely concerned at the systematic
and increasingly severe violations of civil, political, economic,
social and cultural rights in Myanmar,
Recognizing that
these severe violations of human rights by the Government of Myanmar
have had a significant adverse effect on the health and welfare of
the people of Myanmar,
Deeply regretting the failure of
the Government of Myanmar to cooperate fully with the relevant United
Nations mechanisms, in particular the Special Rapporteur, while
noting the recent increased contacts between the Government of
Myanmar and the international community,
Aware that the
Universal Declaration of Human Rights states that the will of the
people shall be the basis of the authority of government and
therefore gravely concerned that the Government of Myanmar still has
not implemented its commitment to take all necessary steps towards
democracy in the light of the results of the elections held in
1990,
Recalling the observation made by the Special
Rapporteur that the absence of respect for the rights pertaining to
democratic governance is at the root of all the major violations of
human rights in Myanmar,
Mindful that Myanmar is a
party to the Convention on the Rights of the Child, the Convention on
the Elimination of All Forms of Discrimination against Women, the
Geneva Conventions of 12 August 1949 on the protection of victims of
war and the Forced Labour Convention, 1930 (No. 29) and the Freedom
of Association and Protection of the Right to Organize Convention,
1948 (No. 87) of the International Labour Organization,
Recalling
the concluding observations of the Committee on the Elimination of
Discrimination against Women (CEDAW/C/2000/I/CRP.3/Add.2/Rev.1) on
the initial report submitted by Myanmar to that treaty monitoring
body in which, inter alia, it expresses its concern at
violations of the human rights of women, in particular by military
personnel,
Noting the resolution adopted by the
International Labour Conference at its 87th Session on the widespread
use of forced labour in Myanmar, and also of the recommendation of
the Governing Body of the International Labour Organization of 27
March 2000,
Recalling previous resolutions of the
General Assembly and the Commission on the subject, most recently
Assembly resolution 54/186 of 17 December 1999 and Commission
resolution 1999/17 of 23 April 1999,
1. Welcomes:
(a)
The report of the Special Rapporteur (E/CN.4/2000/38) on the
situation of human rights in Myanmar and the report of the
Secretary-General (E/CN.4/2000/29), and expresses its appreciation
and support for the work of the Special Rapporteur;
(b)
The resumption of cooperation with the International Committee of the
Red Cross, allowing the Committee to communicate with and visit
prisoners in accordance with its standard working rules, and
encourages continued cooperation in that regard;
2. Notes
the constructive dialogue between the Committee on the Elimination of
Discrimination against Women and the Government of Myanmar at the
recent session of that Committee;
3. Notes the visit to
Myanmar by the Special Envoy of the Secretary-General in October 1999
for the purpose of holding discussions with the Government and with
political leaders, including Aung San Suu Kyi and representatives of
some ethnic minority groups, while regretting that two senior members
of the latter were arrested shortly after having met with the Special
Envoy, and calls upon the Government of Myanmar to enter into a
constructive dialogue with the Secretary-General in order to make
better use of his good offices;
4. Reaffirms the need
to provide adequate protection and assistance for persons fleeing
from Myanmar and, in this context, takes note with appreciation of
the efforts of the Government of Thailand in providing assistance and
the expanded role played by the Office of the United Nations High
Commissioner for Refugees;
5. Expresses its grave
concern:
(a) At the increased repression of any
form of public political activity, the arbitrary detention, the
imprisonment and the systematic surveillance of those exercising
their rights to freedom of thought, expression, assembly and
association, as well as the harassment of their families;
(b)
That, despite the partial reopening of some courses, most
institutions of higher education have remained closed for political
reasons for over three years;
(c) That the composition
and working procedures of the National Convention do not permit
either members of Parliament-elect or representatives of the ethnic
minorities to express their views freely, and is concerned that the
National Convention has not been convened since 1996 and thus is not
in a position to further the restoration of democracy and national
reconciliation;
(d) That the Government of Myanmar has
failed to review its legislation, to cease its widespread use of
forced labour of its own people and to punish those exacting forced
labour, which has forced the International Labour Organization to
exclude further cooperation with the Government until such time as it
has implemented the recommendations of the Commission of Inquiry of
the International Labour Organization regarding the implementation of
its 1930 Convention (No. 29) on Forced or Involuntary Labour, except
for the purpose of implementing those recommendations;
6.
Deplores:
(a) The continuing pattern of gross
and systematic violations of human rights in Myanmar, including
extrajudicial, summary or arbitrary executions, particularly in areas
of ethnic tension, and enforced disappearances, torture, harsh prison
conditions, abuse of women and children by government agents,
arbitrary seizures of land and property, and the imposition of
oppressive measures directed in particular at ethnic and religious
minorities, including systematic programmes of forced relocation,
destruction of crops and fields, the continued widespread use of
forced labour, including for work on infrastructure projects,
production of food for the military and as porters for the army;
(b)
The lack of independence of the judiciary from the executive and the
wide disrespect of the rule of law, including of the basic guarantees
of due process, especially in cases involving exercise of political
and civil rights and freedoms, resulting in arbitrary arrests and
detentions, non-existence of judicial control over detentions,
sentences passed without trial, keeping the accused in ignorance of
the legal basis of the charge brought against them, trials held in
secrecy and without proper legal representation, want of knowledge by
the family and counsel of the accused about the sentence and
detentions beyond the end of prison sentences;
(c) The
continued violations of the human rights of, and widespread
discriminatory practices against, persons belonging to minorities,
including extrajudicial executions, rape, torture, ill-treatment and
the systematic programmes of forced relocation directed against
ethnic minorities, notably in Karen, Karenni, Rakhine and Shan States
and in Tennasserim Division, resulting in the large-scale
displacement of persons and flows of refugees to neighbouring
countries, thus creating problems for the countries concerned, and
particularly the condition of statelessness, the confiscation of land
and the restrictions on movement faced by returning Rohingya
refugees, which have prevented the establishment of stable conditions
for their voluntary return in safety and dignity and for their
reintegration and have contributed to movements out of the
country;
(d) The continuing violations of the human
rights of women, in particular forced labour, trafficking, sexual
violence and exploitation, often committed by military personnel, and
especially directed towards women who are returning refugees,
internally displaced or belong to ethnic minorities or the political
opposition;
(e) The continuing violations of the rights
of children, in particular through the lack of conformity of the
existing legal framework with the Convention on the Rights of the
Child, through conscription of children into forced labour
programmes, through their sexual exploitation and exploitation by the
military, through discrimination against children belonging to ethnic
and religious minority groups and elevated rates of infant and
maternal mortality and malnutrition;
(f) The escalation
in the persecution of democratic group activists, including elected
representatives to the Parliament, students, trade unionists and
members of religious orders, for peacefully exercising their rights
to freedom of movement, expression, assembly and association, and the
Government's use of intimidatory measures to force elected
representatives and National League for Democracy members to resign
from their positions and to close their party offices;
(g)
The severe restrictions on the freedoms of opinion, expression,
assembly and association, the restrictions on citizens' access to
information, including censorship controls on all forms of domestic
media and many international publications, and the restrictions
imposed on citizens wishing to travel within the country and abroad,
including the denial of passports on political grounds, and gross
interference in private life, family, home or correspondence;
7.
Calls upon the Government of Myanmar:
(a) To
establish a constructive dialogue with the United Nations system,
including the human rights mechanisms, for the effective promotion
and protection of human rights in the country;
(b) To
continue to cooperate with the Secretary-General or his
representative and to broaden this dialogue, including through
providing access to any person deemed appropriate by them, and to
implement their recommendations;
(c) To consider
becoming a party to the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural
Rights, the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the International Convention on
the Elimination of All Forms of Racial Discrimination and the
Convention relating to the Status of Refugees and its Protocol;
8.
Urges the Government of Myanmar to cooperate fully, and
without further delay, with all United Nations representatives, in
particular the Special Rapporteur, to allow him urgently, without
preconditions, to conduct a field mission and to establish direct
contacts with the Government and all other relevant sectors of
society, and thus to enable him fully to discharge his mandate, and,
in this context, regrets that, notwithstanding the recent indications
that serious consideration would be given to a visit by the Special
Rapporteur, he has not so far been given permission to visit the
country;
9. Strongly urges the Government of Myanmar:
(a)
To implement fully the recommendations made by the Special
Rapporteur;
(b) To ensure full respect for human rights
and fundamental freedoms, including the freedoms of expression,
association, movement and assembly, the right to a fair trial by an
independent and impartial judiciary and the protection of the rights
of persons belonging to ethnic and religious minorities, and to put
an end to violations of the right to life and integrity of the human
being, to the practices of torture, abuse of women, forced labour and
forced relocations and to enforced disappearances and summary
executions;
(c) To take urgent and meaningful measures
to ensure the establishment of democracy in accordance with the will
of the people as expressed in the democratic elections held in 1990
and, to this end, to engage immediately and unconditionally in a
genuine and substantive dialogue with the leaders of political
parties, including Aung San Suu Kyi, and of ethnic minorities with
the aim of achieving national reconciliation and the restoration of
democracy, and to ensure that political parties and non-governmental
organizations can function freely, and in this context notes that the
National League for Democracy has established a committee to
represent temporarily members of Parliament elected in 1990 who are
prevented by the authorities from exercising their democratic mandate
conferred on them by the people of Myanmar;
(d) To
take all appropriate measures to allow all citizens to participate
freely in the political process, in accordance with the principles of
the Universal Declaration of Human Rights, and to accelerate the
process of transition to democracy, in particular through the
transfer of power to democratically elected representatives, the
prevention of intimidation and repression of political opponents and
enabling the building up of a pluralistic civil society with the
active participation of its members;
(e) To release
immediately and unconditionally those detained or imprisoned for
political reasons, including those in "government guest houses",
and to ensure their physical integrity and to permit them to
participate in a meaningful process of national reconciliation;
(f)
To improve conditions of detention, in particular in the field of
health protection, and to eliminate unnecessary restrictions imposed
on the detainees;
(g) To ensure the safety and
well-being and freedom of movement of all political leaders,
including Aung San Suu Kyi, and to permit unrestricted communication
with and physical access to Aung San Suu Kyi and other political
leaders;
(h) To fulfil its obligations under the
Convention on the Rights of the Child and under the Convention on the
Elimination of All Forms of Discrimination against Women by bringing
national legislation and practice into conformity with these
conventions, and to consider signing and ratifying the Optional
Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women;
(i) To implement fully
the recommendations made by the Committee on the Elimination of
Discrimination against Women, in particular the request to prosecute
and punish those who violate the human rights of women and to carry
out human rights education and gender-sensitization training, in
particular for military personnel;
(j) And all other
parties to the hostilities in Myanmar to respect fully their
obligations under international humanitarian law, including article 3
common to the Geneva Conventions of 12 August 1949, to halt the use
of weapons against the civilian population, to protect all civilians,
including children, women and persons belonging to ethnic or
religious minorities, from violations of humanitarian law, to end the
use of children as soldiers and to avail themselves of services
offered by impartial humanitarian bodies;
(k) To cease
the widespread and systematic use of forced labour and use of
exploitative child labour, and to implement the recommendations of
the Commission of Inquiry, while noting the order by the Government
of Myanmar issued in May 1999 directing that the power to requisition
forced labour under the Towns Act and the Village Act not be
exercised, as well as the invitation to visit, addressed to the
International Labour Organization in October 1999;
(l)
To adopt, as a matter of urgency, appropriate measures to fulfil its
obligations as a State party to the Freedom of Association and
Protection of the Right to Organize Convention, 1948 (No. 87) of the
International Labour Organization and to implement the conclusions of
the Commission of Inquiry;
(m) To cease the laying of
landmines, in particular as a means of ensuring forced relocation,
and to desist from the forced conscription of civilians to serve as
human minesweepers, as indicated in the report of the Commission of
Inquiry;
(n) To end the enforced displacement of
persons and other causes of refugee flows to neighbouring countries
and to create conditions conducive to their voluntary return and full
reintegration in safety and dignity, including returnees who have not
been granted rights of full citizenship, in close cooperation with
the international community, through the United Nations system and
its specialized agencies, governmental and intergovernmental
organizations, as well as non-governmental organizations;
(o)
To fulfil its obligations to end impunity of perpetrators of human
rights violations, including members of the military, and to
investigate and prosecute alleged violations committed by government
agents in all circumstances;
10. Decides:
(a)
To extend the mandate of the Special Rapporteur, as contained in
Commission resolution 1992/58 of 3 March 1992, for a further year,
and requests the Special Rapporteur to submit an interim report to
the General Assembly at its fifty-fifth session and to report to the
Commission at its fifty-seventh session, and to keep a gender
perspective in mind when seeking and analysing information;
(b)
To request the Secretary-General to continue to give all necessary
assistance to the Special Rapporteur to enable him to discharge his
mandate fully, and to pursue all efforts to ensure that the Special
Rapporteur is authorized to visit Myanmar;
(c) To
request the Secretary-General to continue his discussions with the
Government on the situation of human rights and the restoration of
democracy and with anyone he may consider appropriate in order to
assist in the implementation of General Assembly resolution 54/186
and of the present resolution;
(d) To request the
United Nations High Commissioner for Human Rights to cooperate with
the Director-General of the International Labour Office with a view
to identifying ways in which their offices might usefully collaborate
for the improvement of the human rights situation in Myanmar;
(e)
To request the Secretary-General to bring the present resolution to
the attention of all relevant parts of the United Nations
system;
(f) To continue its consideration of this
question at its fifty-seventh session.
56th
meeting
18 April 2000
[Adopted without a vote. See
chap. IX.]
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ
1999
Situation of human rights in Myanmar
Commission on Human Rights resolution 1999/17
The
Commission on Human Rights,
Reaffirming that all
Member States have an obligation to promote and protect human rights
and fundamental freedoms as stated in the Charter of the United
Nations and as elaborated in the Universal Declaration of Human
Rights, the International Covenants on Human Rights and other
applicable human rights instruments,
Gravely concerned
at the increasingly severe and systematic violations of human rights
in Myanmar and the failure of the Government of Myanmar to cooperate
with the Special Rapporteur,
Aware that the Universal
Declaration of Human Rights states that the will of the people shall
be the basis of the authority of government and therefore gravely
concerned that the Government of Myanmar still has not implemented
its commitment to take all necessary steps towards democracy in the
light of the results of the elections held in 1990,
Recalling
the observation made by the Special Rapporteur that the absence of
respect for the rights pertaining to democratic governance is at the
root of all the major violations of human rights in Myanmar,
Mindful
that Myanmar is a party to the Convention on the Rights of the Child,
the Convention on the Elimination of All Forms of Discrimination
against Women, the Geneva Conventions of 12 August 1949 on the
protection of war victims, the International Labour Organization's
Forced Labour Convention, 1930 (No. 29) and the Freedom of
Association and Protection of the Right to Organize Convention, 1948
(No. 87),
Recalling previous resolutions of the General
Assembly and the Commission on Human Rights on the subject, most
recently Assembly resolution 53/162 of 9 December 1998 and Commission
resolution 1998/63 of 21 April 1998,
1. Welcomes:
(a)
The report of the Special Rapporteur (E/CN.4/1999/35) on the
situation of human rights in Myanmar and the report of the
SecretaryGeneral (E/CN.4/1999/29);
(b) The accession by
the Government of Myanmar to the Convention on the Elimination of All
Forms of Discrimination against Women and earlier to the Convention
on the Rights of the Child;
(c) The pardoning and release on
humanitarian grounds on 20 January of U Ohn Myint and on 11 February
of Ma Thida, but notes at the same time a significant increase in the
number of political prisoners during 1998;
(d) The efforts
currently being undertaken by the Special Envoy of the
Secretary-General for a visit to Myanmar;
2. Reaffirms
the need to provide adequate protection and assistance for persons
fleeing from Myanmar and, in this context, takes note with
appreciation of the efforts of the Government of Thailand in
providing assistance and the expanded role played by the Office of
the United Nations High Commissioner for Refugees;
3.
Expresses its grave concern:
(a) At the continued
closure of many institutions of higher education for political
reasons for over two years;
(b) That the composition and
working procedures of the National Convention do not permit either
members of Parliamentelect or representatives of the ethnic
minorities to express their views freely, and is concerned that the
National Convention is not working towards national
reconciliation;
(c) At the widespread and systematic use of
forced labour, as indicated in the report of the Commission of
Inquiry set up under article 26 of the Constitution of the
International Labour Organization and the failure of the Government
so far to implement the Commission's recommendation that it ensure
the cessation by the authorities, and in particular the military, of
such practices;
(d) That the Government of Myanmar refuses to
cooperate with, and has not yet agreed to a visit by, the Special
Rapporteur;
4. Deplores:
(a) The continuing
violations of human rights in Myanmar, as reported by the Special
Rapporteur, including extrajudicial, summary or arbitrary executions
(particularly in areas of ethnic tension) and enforced
disappearances, torture, abuse of women and children by government
agents, arbitrary seizures of land and property, and the imposition
of oppressive measures directed in particular at ethnic and religious
minorities, including systematic programmes of forced relocation,
destruction of crops and fields, and the widespread use of forced
labour, including for work on infrastructure projects and as porters
for the army;
(b) The wide disrespect of the rule of law,
including increasing numbers of arbitrary and politically motivated
arrests and detentions, detentions without trial, sometimes without
the knowledge of the families of detainees, and the abuse of the
judicial process, including trial of detainees in secrecy without
proper legal representation, and the inhuman treatment of prisoners,
leading to illness and deaths in custody, as reported by the Special
Rapporteur;
(c) The violations of the rights of persons
belonging to minorities, including the systematic programmes of
forced relocations directed against ethnic minorities, notably in
Karen, Karenni, Rakhine and Shan States and in Tennasserim Division,
resulting in displaced persons and flows of refugees to neighbouring
countries, thus creating problems for the countries concerned, and
particularly the condition of statelessness, the confiscation of land
and the restrictions on movement faced by returning Rohingya
refugees, which have contributed to movements out of the
country;
(d) The continuing violations of the rights of women,
especially women who are refugees, internally displaced women and
women belonging to ethnic minorities or the political opposition, in
particular forced labour, sexual violence and exploitation, including
rape, as reported by the Special Rapporteur;
(e) The
continuing violations of the rights of children, in particular
through the lack of conformity of the existing legal framework with
the Convention on the Rights of the Child, through conscription of
children into forced labour programmes, through their military and
sexual exploitation and through discrimination against children
belonging to ethnic and religious minority groups;
(f) The
escalation in the persecution of the democratic opposition,
particularly members and supporters of the National League for
Democracy, as well as threats of deportation, arrest and physical
violence against Aung San Suu Kyi, and the continued harassment,
arrest and detention of National League for Democracy and other
democratic group activists, including elected representatives to the
Parliament, students, trade unionists and members of religious
orders, for peacefully exercising their rights to freedom of
movement, expression, assembly and association, the harsh longterm
prison sentences imposed on National League for Democracy supporters
and at the Government's use of intimidatory methods to force elected
representatives and National League for Democracy members to resign
from their positions and to dissolve their party offices;
(g)
The severe restrictions on the freedoms of opinion, expression,
assembly and association, the restrictions on citizens' access to
information, including censorship controls on all forms of domestic
media and many international publications, and the restrictions
imposed on citizens wishing to travel within the country and abroad,
including the denial of passports on political grounds, and gross
interference in private life, family, home or correspondence;
5.
Calls upon the Government of Myanmar:
(a) To establish
a constructive dialogue with the United Nations system, including the
human rights mechanisms, for the effective promotion and protection
of human rights in the country;
(b) To continue to
cooperate with the SecretaryGeneral or his representative and to
broaden this dialogue, including through providing access to any
person deemed appropriate by them, and to implement their
recommendations;
(c) To consider becoming a party to the
International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the International Convention on the
Elimination of All Forms of Racial Discrimination and the Convention
relating to the Status of Refugees and its Protocol;
6. Urges
the Government of Myanmar to cooperate fully, and without further
delay, with the Special Rapporteur, to allow him, without
preconditions, to conduct a field mission and to establish direct
contacts with the Government and all other relevant sectors of
society, and thus to enable him fully to discharge his mandate;
7.
Strongly urges the Government of Myanmar:
(a) To
implement fully the recommendations made by the Special
Rapporteur;
(b) To ensure full respect for human rights and
fundamental freedoms, including freedoms of expression, association,
movement and assembly, the right to a fair trial by an independent
and impartial judiciary and the protection of the rights of persons
belonging to ethnic and religious minorities, and to put an end to
violations of the right to life and integrity of the human being, to
the practices of torture, abuse of women, forced labour and forced
relocations and to enforced disappearances and summary
executions;
(c) To take urgent and meaningful measures to
ensure the establishment of democracy in accordance with the will of
the people as expressed in the democratic elections held in 1990 and,
to this end, to engage immediately and unconditionally in a genuine
and substantive dialogue with the leaders of political parties,
including Aung San Suu Kyi, and of ethnic minorities with the aim of
achieving national reconciliation and the restoration of democracy,
and to ensure that political parties and non-governmental
organizations can function freely, and in this context notes that the
National League for Democracy has established a committee to
represent temporarily members of Parliament elected in 1990 who are
prevented by the authorities from exercising their democratic mandate
conferred on them by the people of Myanmar;
(d) To take all
appropriate measures to allow all citizens to participate freely in
the political process, in accordance with the principles of the
Universal Declaration of Human Rights, and to accelerate the process
of transition to democracy, in particular through the transfer of
power to democratically elected representatives;
(e) To
release immediately and unconditionally those detained for political
reasons, including those in "government guest houses", and
to ensure their physical integrity and to permit them to participate
in a meaningful process of national reconciliation;
(f)
Urgently to improve conditions of detention and to allow the
competent international humanitarian organization to communicate
freely and confidentially with prisoners;
(g) To ensure the
safety and well-being of all political leaders, including Aung San
Suu Kyi, and to permit unrestricted communication with and physical
access to Aung San Suu Kyi and other political leaders;
(h) To
fulfil its obligations under the Convention on the Rights of the
Child and under the Convention on the Elimination of All Forms of
Discrimination against Women by bringing national legislation and
practice into conformity with these conventions;
(i) And all
other parties to the hostilities in Myanmar to respect fully their
obligations under international humanitarian law, including article 3
common to the Geneva Conventions of 12 August 1949, to halt the use
of weapons against the civilian population, to protect all civilians,
including children, women and persons belonging to ethnic or
religious minorities, from violations of humanitarian law and to
avail themselves of services offered by impartial humanitarian
bodies;
(j) To fulfil its obligations as a State party to the
Forced Labour Convention, 1930 (No. 29) and to the Freedom of
Association and Protection of the Right to Organize Convention, 1948
(No. 87) of the International Labour Organization and to cooperate
with the International Labour Organization, in particular by
implementing the conclusions of the Commission of Inquiry;
(k)
To cease the laying of landmines, in particular as a means of
ensuring forced relocation, and to desist from the forced
conscription of civilians to serve as human minesweepers, as
indicated in the report of the Commission of Inquiry;
(l) To
end the enforced displacement of persons and other causes of refugee
flows to neighbouring countries and to create conditions conducive to
their voluntary return and full reintegration in safety and dignity,
including returnees who have not been granted rights of full
citizenship, in close cooperation with the international community,
through the United Nations system and its specialized agencies,
governmental and intergovernmental organizations, as well as
non-governmental organizations;
(m) To fulfil its obligations
to end impunity of perpetrators of human rights violations, including
members of the military, and to investigate and prosecute alleged
violations committed by government agents in all circumstances;
8.
Decides:
(a) To extend the mandate of the Special
Rapporteur, as contained in Commission resolution 1992/58 of 3 March
1992, for a further year, and requests the Special Rapporteur to
submit an interim report to the General Assembly at its fifty-fourth
session and to report to the Commission at its fifty-sixth session,
and to keep a gender perspective in mind when seeking and analysing
information;
(b) To request the SecretaryGeneral to
continue to give all necessary assistance to the Special Rapporteur
to enable him to discharge his mandate fully, and to pursue all
efforts to ensure that the Special Rapporteur is authorized to visit
Myanmar;
(c) To request the SecretaryGeneral to continue
his discussions with the Government on the situation of human rights
and the restoration of democracy and with anyone he may consider
appropriate in order to assist in the implementation of General
Assembly resolution 53/162 and of the present resolution;
(d)
To request the United Nations High Commissioner for Human Rights to
cooperate with the DirectorGeneral of the International Labour
Office with a view to identifying ways in which their offices might
usefully collaborate for the improvement of the human rights
situation in Myanmar;
(e) To request the SecretaryGeneral
to bring the present resolution to the attention of all relevant
parts of the United Nations system;
(f) To continue its
consideration of this question at its
fiftysixth session.
52nd
meeting
23 April 1999
[Adopted without a vote. See
chap. IX.]
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ
1998
Situation
of human rights in Myanmar
Commission on Human Rights
resolution 1998/63
The
Commission on Human Rights,
Reaffirming that all
Member States have an obligation to promote and protect human rights
and fundamental freedoms as stated in the Charter of the United
Nations and as elaborated in the Universal Declaration of Human
Rights, the International Covenants on Human Rights and other
applicable human rights instruments,
Aware that the
Universal Declaration of Human Rights states that the will of the
people shall be the basis of the authority of government,
Mindful
that Myanmar is a party to the Convention on the Rights of the Child
and the Geneva Conventions of 12 August 1949 on the protection of war
victims,
Recalling previous resolutions of the General
Assembly and the Commission on Human Rights on the subject, most
recently Assembly resolution 52/137 of 12 December 1997 and
Commission resolution 1997/64 of 16 April 1997,
1.
Welcomes:
(a) The report of the Special Rapporteur
(E/CN.4/1998/70) and the report of the Secretary General
(E/CN.4/1998/163, annex);
(b) The cooperation by the
Government of Myanmar with the Office of the United Nations High
Commissioner for Refugees and international nongovernmental
organizations with respect to the voluntary repatriation and
reintegration of returnees from Bangladesh, and takes note of the
role of the United Nations Children's Fund in the promotion in
Myanmar of the Convention on the Rights of the Child;
(c) The
accession by the Government of Myanmar on 22 July 1997 to the
Convention on the Elimination of All Forms of Discrimination against
Women;
(d) The SecretaryGeneral's meeting with Senior
General Than Shwe, Chairman of the State Peace and Development
Council and Prime Minister, and the visits to Myanmar by the Special
Envoy of the SecretaryGeneral in May 1997 and January 1998, for
the purpose of discussions with the Government and with Aung San Suu
Kyi and other political leaders;
(e) The remission of
sentences for some long-term prisoners announced by the Government of
Myanmar in December 1997, and calls for this to be widened to include
prisoners imprisoned for their peaceful political activities;
(f)
The holding of the Party Congress of the National League for
Democracy in September 1997 and subsequent meetings marking Myanmar's
National Day, Independence Day and Union Day;
2. Takes note
of the contact, despite its limited nature, between the Government of
Myanmar and the National League for Democracy, but deeply regrets the
failure of the Government to engage in a substantive political
dialogue with Aung San Suu Kyi and other political leaders, including
representatives of ethnic groups;
3. Expresses its deep
concern:
(a) At the continuing violations of human rights
in Myanmar, as reported by the Special Rapporteur, including
extrajudicial, summary or arbitrary executions and enforced
disappearances, torture, abuse of women and children by government
agents, arbitrary seizures of land and property, violations of
freedom of movement of people and goods, and the imposition of
oppressive measures directed in particular at ethnic and religious
minorities, including systematic programmes of forced relocation, and
the widespread use of forced labour, including for work on
infrastructure projects and as porters for the army;
(b) At
the severe restrictions on the freedoms of opinion, expression,
assembly and association; at the restrictions on citizens' access to
information, including censorship controls on all forms of domestic
media and many international publications, and the restrictions
imposed on citizens wishing to travel abroad, including the denial of
passports on political grounds; at the continued closure for
political reasons of most institutions of higher education; at the
absence of due process of law, including arbitrary arrests and
politically motivated arrests and detention, the detention of
prisoners without trial and the trial of detainees in secrecy without
proper legal representation; and at the inhuman treatment of
prisoners, leading to illness and deaths in custody, as reported by
the Special Rapporteur;
(c) At the violations of the rights of
women, especially women who are refugees, internally displaced women
and women belonging to ethnic minorities or the political opposition,
in particular forced labour, sexual violence and exploitation,
including rape, as reported by the Special Rapporteur;
(d) At
continuing violations of the rights of children in contravention of
the Convention on the Rights of the Child, in particular by the lack
of conformity of the existing legal framework with the Convention, by
recruitment of children into forced labour programmes and into the
armed forces, and by discrimination against children belonging to
ethnic and religious minority groups;
(e) At the violations
of the rights of persons belonging to minorities, including the
systematic programmes of forced relocations directed against ethnic
minorities, notably in Karen, Kayan, Rakhine and Shan States and in
Tennasserim Division, resulting in displaced persons and flows of
refugees to neighbouring countries, thus creating problems for the
countries concerned, and deplores recent attacks on camps on the
border between Thailand and Myanmar;
(f) That the Government
of Myanmar still has not implemented its commitment to take all
necessary steps towards democracy in the light of the democratic
elections of 1990, while noting that the absence of respect for the
rights pertaining to democratic governance is at the root of all
major violations of human rights in Myanmar;
(g) That the
Government of Myanmar refuses to cooperate with and has not yet
agreed to a visit by the Special Rapporteur;
(h) That most of
the representatives duly elected in 1990 are still excluded from
participating in the meetings of the National Convention, created to
prepare basic elements for the drafting of a new constitution, and
that one of the objectives of the National Convention is to maintain
the participation of the armed forces in a leading role in the future
political life of the State; notes also with concern that the
composition and working procedures of the National Convention do not
permit the elected representatives of the people freely to express
their views; and concludes that the National Convention does not
appear to constitute the necessary steps towards the restoration of
democracy;
(i) At the restrictions placed upon political
leaders, particularly Aung San Suu Kyi, at the continued harassment,
arrest and detention of members and supporters of the National League
for Democracy and other democratic groups, students, trade unionists
and members of religious orders for peacefully exercising their right
to freedom of expression, assembly and association, at the harsh
sentences imposed on supporters of the National League for Democracy
in December 1997, and at the forced resignations of elected
representatives;
(j) At the imprisonment of members of the
National League for Democracy, among others, and at restrictions
which have substantially disrupted legitimate gatherings of the
National League for Democracy;
4. Calls upon the
Government of Myanmar:
(a) To guarantee an end to violations
of the right to life and integrity of the human being and to ensure
full respect for human rights and fundamental freedoms, including
freedoms of thought, opinion, expression, association and assembly,
the right to a fair trial by an independent and impartial judiciary,
and the protection of the rights of persons belonging to ethnic and
religious minorities;
(b) To take urgent and meaningful
measures to ensure the establishment of democracy in accordance with
the will of the people as expressed in the democratic elections held
in 1990 and, to this end, to engage immediately and unconditionally
in substantive dialogue with the leaders of political parties,
including Aung San Suu Kyi, and with leaders of ethnic groups, with
the aim of achieving national reconciliation and restoration of
democracy, and to ensure that political parties and non-governmental
organizations can function freely;
(c) To take all
appropriate measures to allow all citizens to participate freely in
the political process, in accordance with the principles of the
Universal Declaration of Human Rights, and to accelerate the process
of transition to democracy, in particular through the transfer of
power to democratically elected representatives;
(d) Urgently
to improve conditions of detention and to allow the competent
international humanitarian organizations to communicate freely and
confidentially with prisoners;
(e) To cooperate fully and
unreservedly with the relevant mechanisms of the Commission on Human
Rights, in particular with the Special Rapporteur, and to ensure his
access to Myanmar in order to establish direct contact with the
Government and with any person in the country whom he may deem
appropriate, to allow him fully to discharge his mandate;
(f)
To continue to cooperate with the SecretaryGeneral or his
representatives and to broaden this dialogue, including through
allowing access to any person deemed appropriate by the
SecretaryGeneral, as well as to implement their
recommendations;
(g) To ensure the safety and physical
well-being of all political leaders, including Aung San Suu Kyi, to
permit unrestricted communication with and physical access to Aung
San Suu Kyi and other political leaders, and to release immediately
and unconditionally those detained for political reasons, to ensure
their physical integrity and to permit them to participate in a
meaningful process of national reconciliation;
(h) To fulfil
its obligations under the Convention on the Rights of the Child,
including as set out in the concluding observations of the Committee
on the Rights of the Child (CRC/C/15/Add.69), and under the
Convention on the Elimination of All Forms of Discrimination against
Women and to consider becoming a party to the International Covenant
on Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment and the
1951 Convention relating to the Status of Refugees, as well as to
other human rights instruments;
(i) And all other parties to the
hostilities in Myanmar to respect fully their obligations under
international humanitarian law, including article 3 common to the
Geneva Conventions of 12 August 1949, to halt the use of weapons
against the civilian population, to protect all civilians, including
children, women and persons belonging to ethnic or religious
minorities, from violations of humanitarian law and to avail
themselves of services offered by impartial humanitarian bodies;
(j) To fulfil its obligations as a State party to the Forced
Labour Convention, 1930 (Convention No. 29) and to the Freedom of
Association and Protection of the Right to Organize Convention, 1948
(Convention No. 87) of the International Labour Organization, and to
cooperate more closely with the International Labour Organization, in
particular with the Commission of Inquiry appointed in accordance
with article 26 of the Constitution of the International Labour
Organization;
(k) To end the enforced displacement of persons
and other causes of refugee flows to neighbouring countries and to
create conditions conducive to their voluntary return and full
reintegration in safety and dignity, including, where these are
lacking, rights of full citizenship, in close cooperation with the
Office of the United Nations High Commissioner for Refugees;
(l)
To fulfil its obligations to end impunity of perpetrators of human
rights violations, including members of the military, and to
investigate and prosecute alleged violations committed by government
agents in all circumstances;
(m) To investigate the
circumstances which led to the death in June 1996 of James Leander
Nichols while detained by the Government of Myanmar and to prosecute
the person or persons responsible;
5. Decides:
(a)
To extend the mandate of the Special Rapporteur, as contained in
Commission resolution 1992/58 of 3 March 1992, for a further year,
and requests the Special Rapporteur to submit an interim report to
the General Assembly at its fifty-third session and to report to the
Commission at its fifty-fifth session, and to keep a gender
perspective in mind when seeking and analysing information;
(b)
To request the Secretary-General to continue to give all necessary
assistance to the Special Rapporteur to enable him to discharge his
mandate fully and to pursue all efforts to ensure that the Special
Rapporteur is authorized to visit Myanmar;
(c) To request the
Secretary-General to continue his discussions with the Government of
Myanmar and anyone he may consider appropriate in order to assist in
the implementation of General Assembly resolution 52/137 and of the
present resolution;
(d) To continue its consideration of this
question at its fifty-fifth session.
56th meeting
21
April 1998
[Adopted without a vote. See chap. X.]
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ
1997
Situation of human rights in Myanmar
Commission on Human Rights resolution 1997/64
The Commission on
Human Rights,
Reaffirming that all Member States
have an obligation to promote and protect human rights and
fundamental freedoms as stated in the Charter of the United Nations
and as elaborated in the Universal Declaration of Human Rights, the
International Covenants on Human Rights and other applicable human
rights instruments,
Mindful that Myanmar is a party to
the Convention on the Rights of the Child and the Geneva Conventions
of 1949 on the protection of war victims,
Recalling
previous resolutions of the General Assembly and the Commission on
Human Rights on the subject, most recently Assembly resolution 51/117
of 12 December 1996 and Commission resolution 1996/80
of 23 April 1996,
1. Welcomes:
(a)
The report of the Special Rapporteur (E/CN.4/1997/64);
(b)
The report of the Secretary-General on his discussions with the
Government of Myanmar (E/CN.4/1997/129);
(c) The continuing
cooperation by the Government of Myanmar with the Office of the
United Nations High Commissioner for Refugees for the voluntary
repatriation and reintegration of returnees from Bangladesh;
(d)
The scheduled visit of a special envoy of the Secretary-General to
Myanmar from 7 to 10 May 1997, in the discharge of the good
offices functions of the Secretary-General, for discussions with the
Government and other political leaders of Myanmar as he may consider
appropriate, in order to assist in the implementation of General
Assembly resolution 51/117 and of the present resolution;
2.
Expresses its deep concern:
(a) At the continuing
violations of human rights in Myanmar, as reported by the Special
Rapporteur, including extrajudicial, summary or arbitrary executions,
death in custody, torture, arbitrary and politically motivated arrest
and detention, absence of due process of law, including trial of
detainees in secrecy without proper legal representation, severe
restrictions on freedoms of opinion, expression, movement, assembly
and association, forced relocation, forced labour by children as well
as adults, including portering for the military, abuse of women and
children by government agents, and oppression of ethnic and religious
minorities;
(b) At the absence of significant steps towards
the establishment of democratic government after the democratic
elections of 1990, while noting that, according to the Special
Rapporteur, the absence of respect for the rights pertaining to
democratic governance is at the root of all the major violations of
human rights in Myanmar;
(c) That the Government of Myanmar
has not yet agreed to a visit by the Special Rapporteur;
(d)
That most of the representatives democratically elected in 1990 have
been excluded from participating in the meetings of the National
Convention, that severe restrictions have been imposed on delegates,
including members of the National League for Democracy, who have
withdrawn and subsequently were excluded, at the end of 1995, from
the sessions of the Convention and who were unable to meet or
distribute their literature, and that one of the objectives of the
Convention is to maintain the participation of the armed forces
(Tatmadaw) in a leading role in the future political life of the
State, and concludes that the National Convention does not appear to
constitute the necessary steps towards the restoration of democracy;
(e) At the restrictions placed upon Daw Aung San Suu Kyi and
other political leaders, at harassment, detention and forced
resignations of elected representatives, at the recent attack against
Daw Aung San Suu Kyi and other members of the National League for
Democracy and at the mass arbitrary arrest of and the harsh sentences
imposed on members of the National League for Democracy and other
supporters of democratic groups in Myanmar, including persons
peacefully exercising their right to freedom of expression during the
recent student demonstrations;
(f) At the forced relocation
and other violations of the rights of persons belonging to
minorities, resulting in a flow of refugees to neighbouring
countries, and at the recent attacks on members of the Karen ethnic
group, resulting in death, destruction and displacement;
(g)
At violations of the rights of children in contravention of
the Convention on the Rights of the Child, in particular by the
lack of conformity of the existing legal framework with that
Convention, by systematic recruitment of children into forced
labour, and by discrimination against children belonging to ethnic
and religious minority groups;
3. Calls upon the
Government of Myanmar:
(a) To guarantee an end to violations
of the right to life and integrity of the human being, to ensure full
respect for human rights and fundamental freedoms, including freedoms
of thought, opinion, expression, association and assembly, the right
to a fair trial by an independent and impartial judiciary and the
protection of the rights of persons belonging to ethnic and religious
minorities, and urgently to improve conditions of detention;
(b)
To take urgent and meaningful measures to ensure the establishment of
democracy in accordance with the will of the people as expressed in
the democratic elections held in 1990 and, to this end, to engage at
the earliest possible date in a substantive political dialogue with
the leaders of political parties returned at the elections of 1990,
including Daw Aung San Suu Kyi, and with leaders of ethnic groups, as
the best means of promoting national reconciliation and restoration
of democracy, and to ensure that political parties and
non-governmental organizations can function freely;
(c) To
cooperate fully with the relevant mechanisms of the Commission, in
particular the Special Rapporteur, and to ensure his access to
Myanmar, without preconditions, in order to allow him fully to
discharge his mandate, and to cooperate with the Secretary-General or
his representatives, including by allowing access to any person
deemed appropriate by the Secretary-General or the Special
Rapporteur;
(d) To ensure the safety of all political
leaders, including Daw Aung San Suu Kyi, and to release immediately
and unconditionally detained political leaders and all political
prisoners, to ensure their physical integrity and to permit them to
participate in a meaningful process of national reconciliation;
(e)
To consider becoming a party to the International Covenant on Civil
and Political Rights, the International Covenant on Economic, Social
and Cultural Rights and the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, as well as to
other human rights instruments;
(f) And all other parties to
the hostilities in Myanmar to respect fully their obligations under
international humanitarian law, including article 3 common to
the Geneva Conventions of 12 August 1949, to halt the
use of weapons against the civilian population, to protect all
civilians, including persons belonging to ethnic or religious
minorities, from violations of humanitarian law, and to avail
themselves of services as may be offered by impartial humanitarian
bodies;
(g) To fulfil its obligations as a State party to the
Forced Labour Convention, 1930 (Convention No. 29) and to
the Freedom of Association and Protection of the Right to Organize
Convention, 1948 (Convention No. 87) of the International
Labour Organization, and to cooperate more closely with the
International Labour Organization, in particular with the Commission
of Inquiry appointed in accordance with article 26 of the
Constitution of the International Labour Organization;
(h) To
create the necessary conditions to remove the causes of displacement
and of refugee flows to neighbouring countries and to create
conditions conducive to their voluntary return and their full
reintegration, in safety and dignity, in close cooperation with the
Office of the United Nations High Commissioner for Refugees;
(i) To fulfil its obligation to end impunity of perpetrators
of human rights violations, including members of the military,
and to investigate and prosecute alleged violations committed by
government agents in all circumstances;
(j) To
investigate the circumstances which led to the death in June 1996
of Mr. James Leander Nichols while detained by the
Government of Myanmar, and to prosecute any person who could be held
responsible;
4. Decides:
(a) To extend the mandate of
the Special Rapporteur, as contained in Commission resolution
1992/58 of 3 March 1992, for a further year, and requests
the Special Rapporteur to submit an interim report to the
General Assembly at its fifty-second session on human rights in
Myanmar and to report to the Commission at its fifty-fourth
session, and to keep a gender perspective in mind when seeking and
analysing information;
(b) To request the Secretary-General
to continue to give all necessary assistance to the Special
Rapporteur to enable him to discharge his mandate fully;
(c)
To request the Secretary-General to continue his discussions with the
Government of Myanmar and anyone in Myanmar he may consider
appropriate in order to assist in the implementation of
General Assembly resolution 51/117 and of the present
resolution;
(d) To continue its examination of the situation
of human rights in Myanmar at its fifty-fourth session under the
agenda item entitled "Question of the violation of human rights
and fundamental freedoms in any part of the world, with particular
reference to colonial and other dependent countries and territories".
67th meeting
16 April 1997
[Adopted without a
vote. See chap. X.]
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ
1996
Situation of human rights in Myanmar
Commission on Human Rights resolution 1996/80
The
Commission on Human Rights,
Reaffirming that all
Member States have an obligation to promote and protect human rights
and fundamental freedoms as stated in the Charter of the United
Nations and as elaborated in the Universal Declaration of Human
Rights, the International Covenants on Human Rights and other
applicable human rights instruments,
Aware that, in
accordance with the Charter, the United Nations promotes and
encourages respect for human rights and fundamental freedoms for all
and that the Universal Declaration of Human Rights states that the
will of the people shall be the basis of the authority of government,
Noting with particular concern in this regard that the
electoral process initiated in Myanmar by the general elections of 27
May 1990 has not yet reached its conclusion and that the Government
still has not implemented its commitments to take all necessary steps
towards democracy in the light of those elections,
Deploring
the continued detention of many political prisoners, in particular
elected representatives, and the recent arrests and harassment of
other supporters of democratic groups in Myanmar, while welcoming the
release of Daw Aung San Suu Kyi on 10 July 1995,
Gravely
concerned at the violations of human rights in Myanmar, which
remain extremely serious, in particular the practice of torture,
summary and arbitrary executions, forced labour, including forced
portering for the military, abuse of women, politically motivated
arrests and detention, forced displacement of the population, the
existence of important restrictions on the exercise of fundamental
freedoms, including the freedom of expression and association, and
the imposition of oppressive measures directed, in particular, at
ethnic and religious minority groups,
Noting the
measures taken by the Government of Myanmar, including its accession
to the Geneva Conventions of 12 August 1949 for the protection of war
victims, the concluding of some cease-fire agreements with ethnic
groups, the withdrawal of several reservations it had entered
concerning the Convention on the Rights of the Child and the freeing
of a certain number of political prisoners, in response to the
concerns repeatedly expressed by the international community,
Gravely concerned at the continuing fighting with
ethnic and other political groups, despite the conclusion of
cease-fire agreements, and noting that this, together with continued
violations of human rights, has resulted in flows of refugees to
neighbouring countries,
Sharing the concern expressed
by the International Labour Organization, in June 1995, at the
practice of forced labour in Myanmar, Noting that many violations
directly affect women, in particular women belonging to minorities,
who have suffered ill-treatment, especially at the hands of the
military, as stated by the Special Rapporteur,
Having
examined the reports of the Secretary-General on the rights of
persons belonging to national or ethnic, religious and linguistic
minorities (E/CN.4/1996/88), and on the situation of human rights in
Myanmar, submitted pursuant to General Assembly resolution 50/194
(E/CN.4/1996/157) and of the Special Rapporteur on the question of
torture (E/CN.4/1995/35 and Add.1),
Recalling its
resolution 1992/58 of 3 March 1992, in which it decided to nominate a
special rapporteur to establish direct contacts with the Government
and people of Myanmar, including political leaders deprived of their
liberty, their families and their lawyers, with a view to examining
the situation of human rights in Myanmar and following any progress
made towards the transfer of power to a civilian government and the
drafting of a new constitution, the lifting of restrictions on
personal freedoms and the restoration of human rights in Myanmar,
Recalling also its resolution 1995/72 of 8 March 1995,
and taking note of General Assembly resolution 50/194 of 22 December
1995,
1. Notes that the Special Rapporteur visited
Myanmar in October 1995, commends him for his report
(E/CN.4/1996/65), and welcomes the conclusions and recommendations
contained therein;
2. Deplores the continuing serious
violations of human rights in Myanmar and, in particular, the fact
that a number of political leaders, including leaders and elected
representatives of the National League for Democracy, remain deprived
of their liberty;
3. Strongly urges the Government of
Myanmar to release immediately and unconditionally all detained
political prisoners, to ensure their physical integrity and to permit
them to participate in the process of national reconciliation;
4.
Deplores the recent harsh sentences meted out to members of
political parties and other individuals, including persons voicing
dissent in regard to the procedures of the National Convention and
persons condemned in particular for seeking to meet the Special
Rapporteur and for having peacefully exercised their right to freedom
of expression, movement and association;
5. Deeply regrets
that, while a certain number of political prisoners were released in
the past year, many political leaders continue to be deprived of
their freedom and their fundamental rights;
6. Welcomes
the release of Nobel Peace Prize winner Daw Aung San Suu Kyi on 10
July 1995, and urges the Government of Myanmar to allow her freedom
of movement and to open immediately a substantial political dialogue
with her and with other political leaders, including representatives
of ethnic groups, as the best means to arrive at national
reconciliation and the complete and rapid installation of democracy;
7. Again urges the Government of Myanmar to take, in
conformity with the assurances given at various times, all necessary
measures to guarantee democracy in full accordance with the will of
the people as expressed in the democratic elections held in 1990, and
to ensure that all political parties may freely exercise their
activities;
8. Notes with concern that most of the
representatives democratically elected in 1990 have been excluded
from participating in the meetings of the National Convention, that
severe restrictions have been imposed on delegates, including members
of the National League for Democracy, who have withdrawn and
subsequently were excluded, at the end of 1995, from the sessions of
the Convention and who are unable to meet or distribute their
literature, and that one of the objectives of the Convention is to
maintain the participation of the armed forces (Tatmadaw) in a
leading role in the future political life of the State, and concludes
that the National Convention does not appear to constitute the
necessary steps towards the restoration of democracy;
9.
Strongly urges the Government of Myanmar to take all
appropriate measures to allow all citizens to participate freely in
the political process, in accordance with the principles of the
Universal Declaration of Human Rights, and to accelerate the process
of transition to democracy, in particular through the transfer of
power to the democratically elected representatives, lifting
restraining orders placed on a number of political leaders, releasing
those who are detained and ensuring that all political parties can
function freely;
10. Also strongly urges the
Government of Myanmar to guarantee full respect for human rights and
fundamental freedoms, in particular the freedom of expression and
opinion and the right of association and of assembly, to restore
protection of persons belonging to minority groups, in particular
against discrimination, especially in the framework of the
citizenship laws, and to put an end to violations of the right to
life and the integrity of the human being, to arbitrary detentions,
to the practice of torture, abuse of women and forced labour and in
particular to forced recruiting of porters for the army, to enforced
displacements of the population and to enforced disappearances and
summary executions;
11. Expresses grave concern at the
recent fighting with the Karenni National Progressive Party, other
ethnic groups, Burmese students and political activists, and in some
parts of the country at the resulting flow of refugees towards
neighbouring countries;
12. Reminds yet again the
Government of Myanmar of its obligations to put an end to the
impunity of perpetrators of violations of human rights, including
members of the military, and its responsibility to investigate
alleged cases of human rights violations committed by its agents on
its territory, to bring them to justice, prosecute them and punish
those found guilty, in all circumstances;
13. Calls upon
the Government of Myanmar to become a party to the International
Covenant on Civil and Political Rights and the International Covenant
on Economic, Social and Cultural Rights, and to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment;
14. Appeals to the Government of Myanmar
to fulfil its obligations as a State party to the Forced Labour
Convention, 1930 (No. 29) and the Freedom of Association and
Protection of the Right to Organize Convention, 1948 (No. 87) of the
International Labour Organization;
15. Encourages the
Government of Myanmar to continue to lift the remaining emergency
measures;
16. Requests the Government of Myanmar to
ensure that all persons, without discrimination, are afforded the
minimum guarantees for a fair trial according to due process of law
and in conformity with applicable international standards, that laws
are given due publicity and that the principle of non-retroactivity
of laws is respected;
17. Encourages the Government of
Myanmar to continue to create the necessary conditions to facilitate
the voluntary repatriation of refugees and their reintegration, in
conditions of safety and dignity, in close cooperation with the
Office of the United Nations High Commissioner for Refugees;
18.
Invites the Government of Myanmar to respect fully its
obligations under the Geneva Conventions of 12 August 1949, and to
avail itself of such services as may be offered by impartial
humanitarian bodies;
19. Stresses that it is important
for the Government of Myanmar to give particular attention to prison
conditions in the country's prisons and to take steps to allow
international humanitarian organizations to communicate freely and
confidentially with prisoners;
20. Welcomes the first
measures taken by the Government of Myanmar to provide for the
training of military personnel in international humanitarian law, and
requests it to intensify its efforts in that regard and to extend
them to police and prison personnel;
21. Decides to
extend for one year the mandate of the Special Rapporteur to
establish or continue direct contacts with the Government and people
of Myanmar, including political leaders deprived of their liberty,
their families and their lawyers, and requests him to report to the
General Assembly at its fifty-first session and to the Commission on
Human Rights at its fifty-third session;
22. Requests
the Secretary-General to give all necessary assistance to the Special
Rapporteur;
23. Urges the Government of Myanmar to
cooperate fully and unreservedly with the Commission and the Special
Rapporteur and, to that end, to ensure that the Special Rapporteur
effectively has free access to any person in Myanmar whom he may deem
it appropriate to meet in the performance of his mandate, including
Daw Aung San Suu Kyi;
24. Encourages the
Secretary-General, in the discharge of his good offices mandate, to
continue his discussions with the Government of Myanmar in order to
assist in the implementation of General Assembly resolution 50/194,
including in the efforts deployed for national reconciliation and
towards the resumption of democracy, notes with concern the decision
of the Government of Myanmar to postpone discussion in Yangon with
representatives of the Secretary-General, and in this respect calls
upon the Government of Myanmar to reinstate this visit as soon as
possible and to extend full cooperation to the Secretary-General or
his representatives, including through access to any person as deemed
appropriate by the Secretary-General;
25. Decides to
keep the matter under review at its fifty-third session under the
agenda item entitled "Question of the violation of human rights
and fundamental freedoms in any part of the world, with particular
reference to colonial and other dependent countries and territories";
26. Recommends the following draft decision to the
Economic and Social Council for adoption:
The Economic and
Social Council, taking note of Commission on Human Rights resolution
1996/80 of 23April 1996, approves the Commission's decision to extend
for one year the mandate of the Special Rapporteur on the situation
of human rights in Myanmar to establish or continue direct contacts
with the Government and people of Myanmar, including political
leaders deprived of their liberty, their families and their lawyers,
and its request to him to report to the General Assembly at its
fifty-first session and to the Commission on Human Rights at its
fifty-third session. The Council also approves the Commission's
request to the Secretary-General to give all necessary assistance to
the Special Rapporteur.
60th meeting, 23 April
1996
[Adopted without a vote]
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ
1995
1995/72.
Situation of human rights in Myanmar
The
Commission on Human Rights,
Reaffirming that all
Member States have an obligation to promote and protect human rights
and fundamental freedoms as stated in the Charter of the United
Nations and as elaborated in the Universal Declaration of Human
Rights, the International Covenants on Human Rights and other
applicable human rights instruments,
Aware that, in
accordance with the Charter, the United Nations promotes and
encourages respect for human rights and fundamental freedoms for all
and that the Universal Declaration of Human Rights states that the
will of the people shall be the basis of the authority of
government,
Noting with particular concern in this
regard that the electoral process initiated in Myanmar by the general
elections of 27 May 1990 has not yet reached its conclusion and that
the Government still has not implemented its commitments to take all
necessary steps towards democracy in the light of those
elections,
Deploring that many political leaders, in
particular elected representatives, remain deprived of their liberty
and that Daw Aung San Suu Kyi, a Nobel Peace Prize winner, is still
under house arrest, which has recently been extended, and, while
acknowledging the recent release of a substantial number of political
prisoners, noting with dismay that in many cases their release was on
condition that they not resume political activity,
Noting
the measures taken by the Government of Myanmar, including its
accession to the Geneva Conventions of 12 August 1949 for the
protection of war victims, the concluding of cease-fire agreements
with ethnic groups, the withdrawal of several reservations it had
entered concerning the Convention on the Rights of the Child and the
freeing of a certain number of political prisoners, in response to
the concerns repeatedly expressed by the international
community,
Gravely concerned by the recent offensive
against the Karen National Union, Burmese student activists and other
groups of the political opposition, and by the resulting exodus of
refugees into Thailand,
Commending the Government of
Thailand for its humanitarian action in receiving the refugees
fleeing from the fighting, and encouraging the Government of Thailand
to work closely with the Office of the United Nations High
Commissioner for Refugees,
Gravely concerned at the
violations of human rights in Myanmar, which remain extremely
serious, in particular the practice of torture, summary and arbitrary
executions, forced labour, including forced portering for the
military, abuse of women, politically motivated arrests and
detention, forced displacement of the population, the existence of
important restrictions on the exercise of fundamental freedoms,
including the freedom of expression and association, and the
imposition of oppressive measures directed, in particular, at ethnic
and religious minority groups,
Noting that many
violations directly affect women, in particular women belonging to
minorities, who have suffered ill-treatment, especially at the hands
of the military, as stated by the Special Rapporteur,
Noting
also that these violations have resulted in flows of refugees
towards neighbouring countries,
Commending, however,
the existing cooperation between the Government of Myanmar and the
United Nations High Commissioner for Refugees on the free and
voluntary repatriation of refugees located in Bangladesh, and their
rehabilitation and reintegration, and encouraging the Government of
Myanmar to pursue this cooperation,
Having examined the
reports of the Working Group on Arbitrary Detention (E/CN.4/1995/31
and Add.1-2), the Special Rapporteur on the question of religious
intolerance (E/CN.4/1995/91) and the Special Rapporteur on
extrajudicial, summary or arbitrary executions
(E/CN.4/1995/61),
Recalling its resolution 1992/58 of 3
March 1992, in which it decided to nominate a special rapporteur to
establish direct contacts with the Government and people of Myanmar,
including political leaders deprived of their liberty, their families
and their lawyers, with a view to examining the situation of human
rights in Myanmar and following any progress made towards the
transfer of power to a civilian government and the drafting of a new
constitution, the lifting of restrictions on personal freedoms and
the restoration of human rights in Myanmar,
Recalling also
its resolution 1994/85 of 9 March 1994,
Taking note of
General Assembly resolution 49/197 of 23 December 1994,
Noting
that the Special Rapporteur visited Myanmar in November 1994 at
the invitation of the Government of Myanmar,
Deploring,
however, that in spite of resolution 1993/73 requesting the Myanmar
authorities to extend their full and unreserved cooperation to the
Special Rapporteur, he has been denied access to Daw Aung San Suu
Kyi,
Taking note of the request by the General Assembly
to the Secretary-General to continue his discussions with the
Government of Myanmar in order to assist in the implementation of
Assembly resolution 49/197 of 23 December 1994, as well as in efforts
by the Government to achieve national reconciliation,
Welcoming
the discussions held to date between the representatives of the
Government of Myanmar and the representatives of the
Secretary-General,
Regretting that the representatives
of the Secretary-General have not been given access to Daw Aung San
Suu Kyi,
Reaffirming that Daw Aung San Suu Kyi, a Nobel
Peace Prize winner, must be released immediately and unconditionally
along with all other persons detained for political reasons,
1.
Expresses its thanks to the Special Rapporteur for his report
(E/CN.4/1995/65 and Corr.1) and the conclusions and recommendations
contained therein;
2. Expresses its appreciation to the
Secretary-General for his report on his mission of good offices in
Myanmar (E/CN.4/1995/150);
3. Deplores the continuing
serious violations of human rights in Myanmar and, in particular, the
fact that a number of political leaders, including Daw Aung San Suu
Kyi and other leaders of the National League for Democracy, remain
deprived of their liberty;
4. Strongly urges the
Government of Myanmar to release immediately and unconditionally the
Nobel Peace Prize winner Daw Aung San Suu Kyi, detained without trial
for more than five years, as well as other detained political leaders
and all political prisoners, to ensure their physical integrity and
to permit them to participate in the process of national
reconciliation;
5. Commends the recent meetings between
Myanmar government representatives and the Nobel Peace Prize winner,
Daw Aung San Suu Kyi, and urges the Government of Myanmar to open a
substantial political dialogue with her and with other political
leaders, including representatives of ethnic groups, as the best
means to arrive at national reconciliation and the complete and rapid
installation of democracy;
6. Deplores, in consequence,
the military offensive carried out by the Government of Myanmar
against the Karen National Union, Burmese student activists, and
other groups of the political opposition, which is incompatible with
the Government's declared policy of national reconciliation;
7.
Welcomes the recent discussions between the representatives of
the Government of Myanmar and the Secretary-General, and encourages
the Government to continue to cooperate with the
Secretary-General,
8. Again urges the Government of
Myanmar to take, in conformity with the assurances given at various
times, all necessary measures to guarantee
democracy in full
accordance with the will of the people as expressed in the democratic
elections held in 1990, and to ensure that all political parties may
freely exercise their activities;
9. Notes with concern
that most of the representatives democratically elected in 1990 have
been excluded from participating in the meetings of the National
Convention, that severe restrictions have been imposed on delegates,
including members of the National League for Democracy, who are
unable to meet or distribute their literature, that one of the
objectives of the Convention is to maintain the participation of the
armed forces (Tatmadaw) in a leading role in the future
political life of the State and that no timetable as yet exists for
the completion of the work of the National Convention, and concludes
that the National Convention does not appear to constitute the
necessary steps towards the restoration of democracy;
10.
Strongly urges the Government of Myanmar to take all
appropriate measures to allow all citizens to participate freely in
the political process, in accordance with the principles of the
Universal Declaration of Human Rights, and to accelerate the process
of transition to democracy, in particular through the transfer of
power to the democratically-elected representatives, lifting
restraining orders placed on a number of political leaders, releasing
those who are detained and ensuring that all political parties can
function freely;
11. Strongly urges the Government of
Myanmar to guarantee full respect for human rights and fundamental
freedoms, in particular the freedom of expression and opinion and the
right of association and of assembly, to restore protection of
persons belonging to minority groups, in particular against
discrimination, especially in the framework of the citizenship laws,
and to put an end to violations of the right to life and the
integrity of the human being, to the practice of torture, abuse of
women and forced labour, to enforced displacements of the population
and to enforced disappearances and summary executions;
12.
Reminds the Government of Myanmar of its obligations to put an
end to the impunity of perpetrators of violations of human rights,
including members of the military, and its responsibility to
investigate alleged cases of human rights violations committed by its
agents on its territory, to bring them to justice, prosecute them and
punish those found guilty, in all circumstances;
13. Regrets
the recent harsh sentences meted out to a number of dissidents,
including persons voicing dissent in regard to the procedures of the
National Convention, and persons condemned in particular for seeking
to meet with the Special Rapporteur;
14. Welcomes the
recent release of a certain number of political prisoners, but at the
same time deeply regrets that many political leaders are still
deprived of their freedom and their fundamental rights;
15.
Calls upon the Government of Myanmar to consider becoming a
party to the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights,
and to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment;
16. Appeals to the
Government of Myanmar to fulfil its obligations as a State party to
the Forced Labour Convention, 1930 (No. 29) and the Freedom of
Association and Protection of the Right to Organise Convention 1948
(No. 87) of the International Labour Organisation;
17.
Encourages the Government of Myanmar to continue to lift the
remaining emergency measures;
18. Requests the
Government of Myanmar to ensure that all persons, without
discrimination, are afforded the minimum guarantees for a fair trial,
according to due process of law and in conformity with applicable
international standards, that laws are given due publicity and that
the principle of non-retroactivity of laws is respected;
19.
Encourages the Government of Myanmar to create the necessary
conditions to facilitate the voluntary repatriation of refugees and
their full reintegration, in conditions of safety and dignity, in
close cooperation with the Office of the United Nations High
Commissioner for Refugees;
20. Invites the Government
of Myanmar to respect fully its obligations under the Geneva
Conventions of 12 August 1949, and to avail itself of such services
as may be offered by impartial humanitarian bodies;
21.
Stresses that it is important for the Government of Myanmar to
give particular attention to prison conditions in the country's jail
and to allow international humanitarian organizations to communicate
freely and confidentially with prisoners;
22. Welcomes
the first measures taken by the Government of Myanmar to provide for
the training of military personnel in international humanitarian law,
and requests it to intensify its efforts in that regard and to extend
them to police and prison personnel;
23. Decides to
extend for one year the mandate of the Special Rapporteur to
establish or continue direct contacts with the Government and people
of Myanmar, including political leaders deprived of their liberty,
their families and their lawyers, and requests him to report to the
General Assembly at its fiftieth session and to the Commission on
Human Rights at its fifty-second session;
24. Requests
the Secretary-General to give all necessary assistance to the Special
Rapporteur;
25. Urges the Government of Myanmar to
cooperate fully and unreservedly with the Commission and the Special
Rapporteur and, to that end, to ensure that the Special Rapporteur
effectively has free access to any person in Myanmar whom he may deem
it appropriate to meet in the performance of his mandate, including
Daw Aung San Suu Kyi;
26. Encourages the
Secretary-General, in the discharge of his good offices mandate, to
continue his discussions with the Government of Myanmar in order to
assist in the implementation of General Assembly resolution 49/197,
as well as in its efforts for national reconciliation and towards the
resumption of democracy;
27. Decides to keep the
matter under review at its fifty-second session under the agenda item
entitled "Question of the violation of human rights and
fundamental freedoms in any part of the world, with particular
reference to colonial and other dependent countries and
territories";
28. Recommends the following draft
decision to the Economic and Social Council for adoption:
[For the text, see chap. I, sect. B, draft decision 25]
60th
meeting
8 March 1995
[Adopted without a vote. See
chap. XII. E/CN.4/1995/176]
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ
1994
1994/85.
Situation of human rights in Myanmar
The Commission on Human Rights,
Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms as stated in the Charter of the United Nations and as elaborated in the Universal Declaration of Human Rights, the International Covenants on Human Rights and other applicable human rights instruments,
Aware that, in accordance with the Charter, the United Nations promotes and encourages respect for human rights and fundamental freedoms for all and that the Universal Declaration of Human Rights states that the will of the people shall be the basis of the authority of government,
Noting with particular concern in this regard that the electoral process initiated in Myanmar by the general elections of 27 May 1990 has not yet reached its conclusion and that the Government still has not implemented its commitments to take all necessary steps towards democracy in the light of those elections,
Deploring that many political leaders, in particular elected representatives, remain deprived of their liberty and that Daw Aung San Suu Kyi, a Nobel Peace Prize laureate, is still under house arrest and, according to some sources, will not in any event be released before the end of 1994,
Noting the measures taken by the Government of Myanmar, including its accession to the Geneva Conventions of 12 August 1949 for the protection of war victims and the release of a number of political prisoners, at the urging of the international community,
Gravely concerned at the violations of human rights in Myanmar which remain extremely serious, in particular the practice of torture, summary and arbitrary executions, forced labour, including forced portering for the military, abuse of women, politically motivated arrests and detention, forced displacement of the population, the existence of important restrictions on the exercise of fundamental freedoms, including the freedom of expression and association, and the imposition of oppressive measures directed, in particular, at minority groups,
Noting further that many violations directly affect women, in particular women belonging to minorities, who have suffered ill-treatment, especially at the hands of the military, as stated by the Special Rapporteur,
Noting that this situation has resulted in flows of refugees towards neighbouring countries,
Deeply concerned at the continuous problems created in neighbouring countries by this exodus of refugees, including some 200,000 refugees still living in Bangladesh,
Welcoming, nevertheless, the signing on 5 November 1993 by the Government of Myanmar and the Office of the United Nations High Commissioner for Refugees, of the Memorandum of Understanding on the voluntary repatriation of refugees from Bangladesh,
Having examined the reports of the Working Group on Arbitrary Detention (E/CN.4/1994/27), the Special Rapporteur on the question of torture (E/CN.4/1994/31), and the Special Rapporteur on the question of religious intolerance (E/CN.4/1994/71 and Add.1),
Recalling its resolution 1992/58 of 3 March 1992, in which it decided to nominate a special rapporteur to establish direct contacts with the Government and people of Myanmar, including political leaders deprived of their liberty, their families and their lawyers, with a view to examining the situation of human rights in Myanmar and following any progress made towards the transfer of power to a civilian Government and the drafting of a new constitution, the lifting of restrictions on personal freedoms and the restoration of human rights in Myanmar,
Taking note of General Assembly resolution 48/150 of 20 December 1993,
Noting that the Special Rapporteur has visited Myanmar at the invitation of the Government of Myanmar,
Deploring, however, that, in spite of the provisions of resolution 1993/73 requesting the Myanmar authorities to extend their full and unreserved cooperation to the Special Rapporteur, he has been denied access to Daw Aung San Suu Kyi,
Reaffirming that Daw Aung San Suu Kyi, a Nobel Peace Prize laureate, who has recently been authorized to receive a number of visits, must be released immediately and unconditionally,
Taking note of the cease-fire being observed and the negotiations under way between the Government of Myanmar and several minority groups,
1. Expresses its thanks to the Special Rapporteur for his report (E/CN.4/1994/57) and the conclusions and recommendations contained therein;
2. Deplores the continued seriousness of the situation of human rights in Myanmar and, in particular, the fact that a number of political leaders, including Daw Aung San Suu Kyi and other leaders of the National League for Democracy, remain deprived of their liberty;
3. Again urges the Government of Myanmar to take, in conformity with the assurances given at various times, all necessary measures to establish a democratic State in full accordance with the will of the people as expressed in the democratic elections held in 1990;
4. Notes with concern that most of the representatives democratically elected in 1990 have been excluded from participating in the meetings of the National Convention, created to prepare the basic elements for the drafting of a new constitution, that severe restrictions have been imposed on delegates, including members of the National League for Democracy, who are unable to meet or distribute their literature, and that one of the objectives of the Convention is to maintain the participation of the armed forces (Tatmadaw) in a leading role in the future political life of the State;
5. Notes with concern the observation of the Special Rapporteur with regard to the National Convention that no evident progress has been made towards turning power over to a freely elected Government;
6. Strongly urges the Government of Myanmar to take all appropriate measures to allow all citizens to participate freely in the political process, in accordance with the principles of the Universal Declaration of Human Rights, and to accelerate the process of transition to democracy, in particular through the transfer of power to the democratically-elected representatives, lifting restraining orders placed on a number of political leaders, releasing those who are detained and ensuring that all political parties can function freely;
7. Strongly urges the Government of Myanmar to restore full respect for human rights and fundamental freedoms, in particular the freedom of expression and opinion and the right of association and of assembly, to restore protection of persons belonging to minority groups, notably against discrimination, especially in the framework of the citizenship laws, and to put an end to violations of the right to life and integrity of the human being, to the practice of torture, abuse of women and forced labour, to enforced displacements of the population and to enforced disappearances and summary executions;
8. Reminds the Government of Myanmar of its obligation to put an end to the impunity of perpetrators of violations of human rights, including members of the military, and its responsibility to investigate alleged cases of human rights violations committed by its agents on its territory, to bring them to justice, prosecute them and punish those found guilty, in all circumstances;
9. Regrets the recent harsh sentences meted out to a number of dissidents, including persons voicing dissent in regard to the procedures of the National Convention;
10. Regrets also that, while a certain number of political prisoners have been released, many political leaders are still deprived of their freedom and their fundamental rights;
11. Strongly urges the Government of Myanmar to release immediately and unconditionally the Nobel Peace Prize laureate, Daw Aung San Suu Kyi, detained without trial for the last five years, as well as other detained political leaders and all political prisoners, to ensure their physical integrity and to permit them to participate in the process of national reconciliation;
12. Calls upon the Government of Myanmar to consider becoming a party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
13. Appeals to the Government of Myanmar to fulfil its obligations as a State party to the Forced Labour Convention, 1930 (No. 29) and the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) of the International Labour Organisation;
14. Encourages the Government of Myanmar to continue to lift the emergency measures;
15. Requests the Government of Myanmar to ensure that all persons, without discrimination, are afforded the minimum guarantees for a fair trial, according to due process of law and in conformity with applicable international standards, that laws are given due publicity and that the principle of non-retroactivity of laws is respected;
16. Requests the Government of Myanmar to create the necessary conditions to facilitate the early repatriation of Myanmar refugees in neighbouring countries and their full reintegration, in conditions of safety and dignity, and to implement fully the Memorandum of Understanding concluded with the Office of the United Nations High Commissioner for Refugees on 5 November 1993, concerning refugees in Bangladesh;
17. Invites the Government of Myanmar to fully respect its obligations under the Geneva Conventions of 12 August 1949, in particular their common article 3, and to avail itself of such services as may be offered by impartial humanitarian bodies;
18. Stresses that it is important for the Government of Myanmar to give particular attention to prison conditions in the country's jails and to allow international humanitarian organizations to communicate freely and confidentially with prisoners;
19. Welcomes the first measures taken by the Government of Myanmar to provide for the training of military personnel in international humanitarian law and requests it to intensify its efforts in that regard and to extend them to police and prison personnel;
20. Decides to extend for one year the mandate of the Special Rapporteur to establish or continue direct contacts with the Government and people of Myanmar, including political leaders deprived of their liberty, their families and their lawyers, and requests him to report to the General Assembly at its forty-ninth session and to the Commission on Human Rights at its fifty-first session;
21. Urges the Government of Myanmar to cooperate fully and unreservedly with the Commission and the Special Rapporteur and, to that end, to ensure that the Special Rapporteur has effectively free access to any person in Myanmar whom he may deem it appropriate to meet in the performance of his mandate, including Daw Aung San Suu Kyi;
22. Requests the Secretary-General to provide the Special Rapporteur with all necessary assistance;
23. Decides to keep the matter under review at its fifty-first session under the agenda item "Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories".
66th
meeting
9 March 1994
[Adopted without a vote. See
chap. XII. E/CN.4/1994/132]
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ
1993
Situation
of human rights in Myanmar
Commission on Human Rights
resolution 1993/73
The Commission on
Human Rights,
Reaffirming that all Member States
have an obligation to promote and protect human rights and
fundamental freedoms as stated in the Charter of the United Nations
and as elaborated in the Universal Declaration of Human Rights, the
International Covenants on Human Rights and other applicable human
rights instruments,
Aware that, in accordance with the
Charter, the United Nations promotes and encourages respect for human
rights and fundamental freedoms for all, and that the Universal
Declaration of Human Rights states that the will of the people shall
be the basis of the authority of government,
Noting with
particular concern in this regard that the electoral process
initiated in Myanmar by the general elections of 27 May 1990 has not
yet reached its conclusion and that the Government still has not
implemented its commitments to take all necessary steps towards
democracy in the light of the results of those elections,
Deploring
that many political leaders, in particular elected representatives,
remain deprived of their liberty and that Daw Aung San Suu Kyi, Nobel
Peace Prize laureate, is still under house arrest,
Regretting
in this context that the Nobel Peace Prize laureates were not allowed
to enter Myanmar to meet with Daw Aung San Suu Kyi,
Noting
the measures taken by the Government of Myanmar, including its
accession to the Geneva Conventions of 12 August 1949, in particular
the Convention relative to the Protection of Civilian Persons in Time
of War, the release of a certain number of political prisoners and
the reopening of universities,
Expressing its deep concern
at the violations of human rights in Myanmar which remain extremely
serious, in particular those concerning the practice of torture,
summary and arbitrary execution, forced labour, including forced
portering for the military, abuse of women, politically motivated
arrests and detention, the existence of important restrictions on the
exercise of fundamental freedoms and the imposition of oppressive
measures directed, in particular, at minority groups,
Noting
that this situation has resulted in flows of refugees towards
neighbouring countries,
Deeply concerned at the
continuous problems created in neighbouring countries by the exodus
of refugees from Myanmar, including almost two hundred and fifty
thousand Myanmar Muslim refugees to Bangladesh,
Concerned
at the absence of guarantees for the physical integrity and
well-being of returnees,
Having examined the reports of
the Working Group on Arbitrary Detention (E/CN.4/1992/20), the
Special Rapporteur on the question of torture (E/CN.4/1993/26) and
the Special Rapporteur on the question of religious intolerance
(E/CN.4/1993/62),
Recalling its resolution 1992/58 of 3
March 1992, in which it decided to nominate a special rapporteur to
establish direct contacts with the Government and the people of
Myanmar, including political leaders deprived of their liberty, their
families and their lawyers, with a view to examining the situation of
human rights in Myanmar and following any progress made towards the
transfer of power to a civilian government and the drafting of a new
constitution, the lifting of restrictions on personal freedoms and
the restoration of human rights in Myanmar,
Taking note
of General Assembly resolution 47/144 of 18 December 1992 concerning
the situation of human rights in Myanmar,
Noting that the
Special Rapporteur has visited Myanmar at the invitation of the
Government of Myanmar,
Deploring, however, that in
spite of the provisions of resolution 1992/58 requesting the Myanmar
authorities to extend their full and unreserved cooperation to the
Special Rapporteur, he has been denied access to some persons, in
particular detainees, including Daw Aung San Suu Kyi, and that a
number of persons wishing to provide testimony have been subjected to
intimidation or harassment,
1. Expresses its thanks to
the Special Rapporteur for his report (E/CN.4/1993/37) and the
conclusions and recommendations contained therein;
2. Deplores
the continued seriousness of the situation of human rights in
Myanmar, and in particular the fact that a number of political
leaders, including Daw Aung San Suu Kyi and other leaders of the
National League for Democracy, remain deprived of their liberty;
3.
Urges the Government of Myanmar to take, in conformity with
the assurances given at various times, firm steps towards the
establishment of a democratic State and to adopt the measures
recommended in General Assembly resolution 47/144;
4. Notes
with concern in this respect that the National Convention created
to prepare basic elements for the drafting of a new constitution is
meeting, having excluded most of the representatives duly elected in
1990, and also notes with concern that one of its objectives is to
maintain the participation of the armed forces (Tatmadaw) in a
leading role in the future political life of the State;
5.
Urges the Government of Myanmar to take every appropriate
measure to allow all citizens to participate freely in the political
process in accordance with the principles of the Universal
Declaration of Human Rights, and to accelerate the process of
transition to democracy, in particular through convening the
Parliament elected in May 1990, lifting restraining orders placed on
a number of political leaders, releasing those who are detained,
ensuring that political parties can function normally and lifting
restrictions on the right of association and assembly, as well as the
right to freedom of opinion and expression;
6. Strongly
urges the Government of Myanmar to restore full respect for human
rights and fundamental freedoms, to restore the protection of persons
belonging to minority groups, notably against discrimination
concerning them, especially in the framework of citizenship laws, and
to put an end to violations of the right to life and integrity of the
human being, to the practices of torture, abuse of women and forced
labour and to enforced disappearance and summary executions;
7.
Calls upon the Government of Myanmar to consider lifting
emergency measures, which should cease to be the basis of law;
8.
Reminds the Government of Myanmar of its responsibility to
investigate alleged cases of human rights violations committed by its
agents on its territory, to bring them to justice, to prosecute them
and to punish those found guilty, in all circumstances;
9.
Urges the Government of Myanmar to release unconditionally and
to ensure the physical integrity of the Nobel Peace Prize laureate,
Daw Aung San Suu Kyi, detained without trial for the last four years,
as well as other detained political leaders and all political
prisoners;
10. Appeals to the Government of Myanmar to
consider becoming a party to the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social
and Cultural Rights and to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment;
11. Also
appeals to the Government of Myanmar to fulfil its obligations as
a State party to the Forced Labour Convention, 1930 (No. 29) and the
Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87) of the International Labour
Organisation;
12. Requests the Government of Myanmar to
ensure that all persons, without discrimination, are afforded the
minimum guarantees for a fair trail, according to due process of law
and in conformity with applicable international standards, that laws
are given due publicity and that the principle of non-retroactivity
of laws is respected;
13. Calls upon the Government of
Myanmar to create the necessary conditions that would end the flow of
Myanmar refugees to neighbouring countries, and to facilitate their
early repatriation and their full reintegration, in conditions of
safety and dignity, in particular through cooperation with the Office
of the United Nations High Commissioner for Refugees;
14.
Invites the Government of Myanmar to fully respect its
obligations under the Geneva Conventions of 12 August 1949, in
particular their common article 3, and to resort to the services of
impartial humanitarian bodies;
15. Calls upon the
authorities of Myanmar to give particular attention to prison
conditions in the country's jails;
16. Decides to
extend for one year the mandate of the Special Rapporteur to
establish or continue direct contacts with the Government and the
people of Myanmar, including political leaders deprived of their
liberty, their families and their lawyers, and requests him to report
to the General Assembly at its forty-eighth session and to the
Commission at its fiftieth session;
17. Urges the
Government of Myanmar to extend in the future its full and unreserved
cooperation to the Commission and the Special Rapporteur and, to this
end, to ensure that the Special Rapporteur has effectively free
access to any person in Myanmar whom he deems appropriate to meet in
the performance of his mandate;
18. Decides to keep the
matter under review at its fiftieth session under the agenda item
"Question of the violation of human rights and fundamental
freedoms in any part of the world, with particular reference to
colonial and other dependent countries and territories".
66th
meeting
10 March 1993
[Adopted without a vote. ]
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ
1992
Situation of human rights in Myanmar
Commission on Human rights resolution 1992/58
The Commission on Human Rights,
Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms as stated in the Charter of the United Nations as elaborated in the Universal Declaration of Human Rights and the International Covenants on Human Rights and other applicable human rights instruments,
Aware that, in accordance with the Charter, the United Nations promotes and encourages respect for human rights and fundamental freedoms for all, and that the Universal Declaration of Human Rights states that "the will of the people shall be the basis of the authority of government",
Noting with particular concern in this regard that the electoral process initiated in Myanmar by the general elections of 27 May 1990 has not yet reached its conclusion, that no apparent progress has been made in giving effect to the political will of the people of Myanmar, as expressed in the elections, and that the final results of the elections have not even been officially released,
Also noting that many political leaders, in particular elected representatives, remain deprived of their liberty and that Daw Aung San Suu Kyi, Nobel Peace Prize laureate, is still under house arrest and is deprived of visits from her family,
Noting with concern the seriousness of the situation of human rights in Myanmar, the existence of important restrictions on the exercise of fundamental freedoms and the imposition of oppressive measures directed, in particular, at minority groups,
Noting with deep concern the continuing exodus of Myanmar refugees to neighbouring countries, including, in recent months, of almost 80,000 Myanmar Muslim refugees to Bangladesh,
Having examined the report of the Working Group on Arbitrary Detention (E/CN.4/1992/20),
Recalling General Assembly resolution 46/132 of 17 December 1991 concerning the situation in Myanmar,
1. Deplores the fact that the Government of Myanmar, despite the assurances given at various times that it would take firm steps towards the establishment of a democratic State, has not to this day fulfilled those commitments;
2. Expresses its concern at the seriousness of the human rights situation in Myanmar and, in particular, at the fact that a number of political leaders, including Daw Aung San Suu Kyi and other leaders of the National League for Democracy, remain deprived of their liberty;
3. Decides to nominate a special rapporteur to establish direct contacts with the Government and with the people of Myanmar, including political leaders deprived of their liberty, their families and lawyers, with a view to examining the situation of human rights in Myanmar and following any progress made towards the transfer of power to a civilian government and the drafting of a new constitution, the lifting of restrictions on personal freedoms and the restoration of human rights in Myanmar, and to report to the General Assembly at its forty-seventh session and to the Commission on Human Rights at its forty-ninth session;
4. Urges the Government of Myanmar to extent its full and unreserved cooperation to the Commission and the Special Rapporteur and, to this end, to ensure that the Special Rapporteur has free access to any person in Myanmar whom he deems it appropriate to meet in the performance of his mandate;
5. Invites the Government of Myanmar to take every appropriate measure to allow all citizens to participate freely in the political process in accordance with the principles of the Universal Declaration of Human Rights, and to accelerate the process of transition to democracy, in particular through the convening of the Parliament elected in May 1990;
6. Also invites the Government of Myanmar to lift the restraining orders placed on a number of political leaders, to release those who are detained and to ensure that political parties can function normally;
7. Requests the Government of Myanmar to ensure that all persons are afforded the minimum guarantees for a fair trial, according to due process of law and in conformity with the applicable international standards;
9. Calls upon the Government of Myanmar to create the necessary conditions that would end the exodus of Myanmar refugees to neighbouring countries as well as to facilitate their early repatriation from their countries of refuge;
10. Urges the Government of Myanmar to reopen the universities and other institutions of higher education;
11. Decides to keep the matter under review at its forty-ninth session under the agenda item entitled "Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories".
52nd
meeting
3 March 1992
[Adopted without a vote]
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ