Mr. Chairman,

        I am very much delighted to see you presiding over the fifty-eighth session of the Commission on Human Rights. We have known you for many years as one of the most distinguished multilateral diplomats of Poland and as an expert on human rights and disarmament. With your long experience and great expertise in the field of human rights and with your outstanding diplomatic skills, I am fully confident that, under your able leadership, this session will come to a successful conclusion. My tribute also goes to the other members of the Bureau.

        Professor Paolo Sergio Pinheiro, Special Rapporteur on the Situation of Human Rights in Myanmar has just delivered his brief oral presentation on his third visit to my country.

Mr. Chairman,

        Professor Pinheiro was appointed by the Commission on Human Rights as the Special Rapporteur on the Situation of Human Rights in Myanmar about a year ago. When he presented his first report at the 57^th session of the Commission on Human Rights last year, he made a point of departure from his predecessor, Mr. Rajsoomer Lallah and took a positive approach by presenting a fairly balanced report.

        I am delighted to note that Professor Pinheiro has followed through with this positive approach. Judging by the main thrust, a major portion of the contents of his brief presentation and his progress report, contained in document E/CN.4/2002/45, his reports are, on the whole, fairly balanced and quite positive.

Mr. Chairman,

        If one looks at the progress we have achieved in Myanmar as of today, compared to the situation of the country in September 1988, one will appreciate that Myanmar is now in a happy situation, which is far and away better and more improved than at that time. Myanmar has indeed made significant advances in political, economic, social and cultural fields.

        These positive developments and significant progress in the situation of human rights in Myanmar have been reflected, to some extent, in the reports of Professor Pinheiro. It may be appropriate to quote here some passages from the afore-mentioned reports of Professor Pinheiro. In his progress report, Professor Pinheiro has made the following observations:-

        "The Special Rapporteur received full and unhindered cooperation on the part of the Myanmar Government during the mission, for which he expresses his sincere appreciation. All of his specific requests for meetings were met and his movements in the country were facilitated appropriately. During his visit he enjoyed freedom of movement and freedom of access to private persons and others of interest. The documentation and information requested were provided promptly and fully."

        "During his mission the Special Rapporteur had the opportunity to continue his interaction with the Chair and members of the Human Rights Committee (HRC)."

        "The cooperation between the SPDC and the ICRC appears to be exemplary, based on fair and constructive working relations, and the Special Rapporteur strongly hopes that it will continue and develop further. He was encouraged to receive positive feedback about the ICRC visits and assistance in all 3 detention places that he visited."

        "The prime objective of the Ministry of Religious Affairs is to protect and promote the exercise of the right to freedom of worship in a spirit of mutual respect and tolerance. The Special Rapporteur was informed that to this end, the Ministry organizes yearly financial aids/grants to Buddhist, Christian, Muslim and Hindu communities, arranges for religious leaders to attend religious seminars/conference (sic) abroad, helps leaders of other religious communities to obtain free travelling passes, assists missionaries from other religions to extend their permits to stay in the country, and provides mediation in case of religious disputes. The Special Rapporteur was also informed that religious books and periodicals are allowed to be published for the respective communities and religious texts, objects and tapes can be imported for religious purpose. Ceremonies celebrating Christmas Eve and Easter for Christians, the Birthday of the Prophet Mohammad for Muslims and Deepawali for Hindus are allowed to be held every year. Talks on the occasion of holy days can also be broadcast over the (sic) Radio Myanmar."

        Furthermore, the following are comments and conclusions from the oral presentation by Professor Pinheiro:-

        "I wish to express my appreciation to the Government of the Union of Myanmar for the support extended to me during my second fact-finding mission to that country. This new mission has enabled me to learn and to improve my understanding of the complex human rights situation in Myanmar and thus to relay that understanding inside and outside Myanmar."

        "I am pleased to acknowledge that during 2001 about 219 political detainees were released from prisons and guest houses. Since the beginning of 2002, 44 political prisoners have been freed so far, bringing the total number of releases to 263 within a period of 15 months. Among them, there were many NLD members as well as students and persons who had been imprisoned for connections with the armed groups. It is gratifying to note that 11 releases were announced during my visit and included cases which I had submitted previously for the consideration of the SPDC. " **

        "I am very happy to confirm the recent release of 318 women prisoners, all pregnant or mothers with young children."

        "Finally, I am very pleased to note that the negotiations between the Government of Myanmar and the ILO, following the ILO Technical Cooperation Mission that I met during the last day of my visit, have produced an Understanding on the appointment of an ILO Liaison Officer in Myanmar."

        "In the light of this landmark agreement between the ILO and Myanmar and a series of positive steps taken by Myanmar Government, I hope also that this agreement can pave the way for the normalization of the role and participation of that country in the ILO. Eventually, the effective implementation of that arrangement may create in the near future conditions conducive for a possible review of the measures taken by the ILO under article 33 of the ILO Constitution."

Mr. Chairman,

        The afore-mentioned extracts from Professor Pinheiro's progress report, contained in document E/CN.4/2002/45, and his oral presentation give the lie to the negative portrayal of the situation in Myanmar by some foreign media and outside observers. These quotations are indeed eloquent testimony of the fact:

• That the Myanmar Government is carrying out nation-building tasks energetically and effectively on an unprecedented scale in order to establish a modern, peaceful and developed nation;

• that it is acting with genuine goodwill, in good faith and with sincerity; and

• that it has fully cooperated with the Special Rapporteur of the Commission on Human Rights, to the extent possible, particularly during his recent visit to Myanmar by extending all necessary assistance, sought by him, and by giving full access to the persons and the places he chose.

Mr. Chairman,

        Allow me to take this opportunity to add a few more pointers to the recent positive developments in Myanmar:-

• I have mentioned earlier on the full cooperation on the part of the Myanmar Government with the Special Rapporteur. His recent visit to Myanmar from 10 to 19 February 2002, was a considerable success. We look forward to more cooperation with him in the future.

• Mr. Razali Ismail, Special Representative of the United Nations Secretary-General visited Myanmar from 27 November to 3 December 2001. He will be visiting Myanmar again around 22 April 2002.

• As reflected in the oral presentation of the Special Rapporteur, release of around 564 prisoners in the past 15 months has been on an unprecedented scale, and it once again underlined the goodwill and generosity as well as the compassion and humanitarian consideration of the Myanmar Government.

• There are also other activities of promotion of human rights and raising the public awareness. Workshops and seminars are being organized by the Myanmar authorities in cooperation with Mr. Chris Sidoti, the former Human Rights Commissioner of Australia.

• Contrary to the much-publicized allegations, schools and universities are open, and students from kindergarten to post-graduate classes have been pursuing their studies peacefully.

• The Understanding between the Government of the Union of Myanmar and the ILO on the appointment of an ILO Liaison Officer, constitutes a landmark agreement. It will go a long way in carrying forward the process of dialogue and cooperation between the two sides and will contribute to the resolution of the issue, leading to the removal of all the measures taken by the ILO under Article 33 of the ILO Constitution.

        These are just a few pointers to the recent positive developments in Myanmar, and I shall dwell at a greater length on the subject in my next intervention.

Mr. Chairman,

        In view of the afore-mentioned positive developments and significant progress in the field of human rights in my country, there should be corresponding positive elements and improvements in this year's draft resolution on the situation of human rights in Myanmar.

        Some of the remnant formulations, couched in excessive language, from previous years' resolutions are manifestly out of place and irrelevant. Expressions such as "grave situation of human rights", "deterioration of the human rights situation", "continuing pattern of gross and systematic violations of human rights in Myanmar" and "grave concern at the violations of human rights" ought to be deleted and be replaced by more neutral and positive expressions. I hope that co-sponsors of the draft resolution will take into account these valid suggestions in preparing this year's draft resolution on Myanmar.

Mr. Chairman,

        Having dealt with the positive elements in the reports of Professor Pinheiro, I have also noted some critical comments, made by the Special Rapporteur.

        Professor Pinheiro, for instance, calls for the early release of all "political detainees and prisoners". The fact is that those persons he refers to are the offenders who are serving their respective sentences for their infringement of the existing laws and not for their political beliefs or activities.

        No one can deny the fact that, as a gesture of goodwill and generosity as well as compassion and humanitarian consideration, the authorities have released a great number of detainees in recent months, more than at any time in the past.

        In the past 15 months, the authorities have released 263 detainees. Furthermore, the authorities have also released, on compassionate and humanitarian grounds, 318 female detainees, either pregnant of with young children. The remaining cases are also under review.

Mr. Chairman,

        Professor Pinheiro has also made critical comments, based on unfounded allegations emanating from anti-government elements and insurgents, concerning migrants in border areas with a neighbouring country and the alleged forced relocation and movement of local populace in far-flung areas.

        Myanmar and Thailand have enjoyed traditional ties of friendship and cooperation. The two countries have resolved amicably whatever matters may have arisen between them through bilateral consultations and discussions, Recently, Myanmar has received Myanmar citizens working in Thailand illegally. The issue of migrants has been further complicated by the presence of economic migrants and the followers and family members of the insurgent groups.

        Allegations of forced relocations are untrue. Resettlement of some local populace in those areas are absolutely voluntary and for the purpose of border area development and for their own welfare and benefits.

        The Myanmar Government has been carrying out border area development on an unprecedented scale, and this programme has contributed to the attainment of higher living standards and better quality of life of the national races. This is highly appreciated and valued by the national races, living in border areas.

        Allegations of the maltreatment of members of national races in border areas are also untue.

        Lack of substantiating evidence concerning those allegations has been admitted by Professor Pinheiro himself. We hope that he will in the future include only those cases for which he has concrete supporting evidence and which he has verified through thorough research and scrutiny.

Mr. Chairman,

        We also hope that Professor Pinheiro will follow through with his constructive and positive approach in the future, as well. With the proviso that he does so, the prospect of the continuation of our cooperation with the Commission of (sic) Human Rights will be further enhanced.

        Let us, therefore, accentuate the positive, and promote further cooperation.

        I thank you, Mr. Chairman.

______________________________

Notes by the transcriber

No attempt has been made to correct faults of grammar or usage, though "(sic)" has been placed after mistakes which might otherwise be ascribed to errors of transcription.

* This document is a transcription of the text distributed by the Myanmar Mission in Geneva.

** Though this paragraph purports to be a direct quotation of the Special Rapporteur's text, some important elements have been substantially changed, with no indication that any change has been made.

For instance, the Special Rapporteur refers to "guest houses" (in inverted commas). U Mya Than's text omits the inverted commas, thus changing the meaning. Another change is that the Special Rapporteur's reference to persons... "communicating human rights information to the UN" is omitted entirely from the Ambassador's text.

The original version of this paragraph, in the text distributed by the Office of the High Commissioner for Human Rights, is:

"I am pleased to acknowledge that during 2001 about 219 political detainees were released from prisons and "guest houses". Since the beginning of 2002, 44 political prisoners have been freed so far, bringing a total number of releases to 263 within a period of 15 months. Most of them are NLD members but some are students and persons who had been imprisoned for connections with armed groups and for communicating human rights information to the UN. It is gratifying to note that 11 releases were announced during my visit and included cases which I had submitted previously for the consideration of the SPDC. "