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Statement by
His Excellency U Mya Than
Permanent Representative and
Leader of the Myanmar Observer Delegation
To the fifty-eighth session
Of the Commission on Human Rights
Rebuttal to the draft resolution No. E/CN.4/2002/L.32
(Agenda Item 9)
Geneva, 25 April 2002
Mr. Chairman,
Allow me to offer some comments on the draft resolution on the situation of human rights in Myanmar, contained in document E/CN.4/2002/L.32, submitted and amended by the delegation of Spain on behalf of the European Union and other countries.
At the fifty-seventh session of the Commission on Human Rights last year, I observed a distinct improvement in the draft resolution on the situation of human rights in Myanmar upon the resolution in the year 2000. I also expressed the hope that the draft resolution this year, 2002, will show much more improvement.
To be very frank, Mr. Chairman, I was disappointed by this year's draft resolution, contained in document E/CN.4/2002/L.32. This draft resolution is a decline from the last year's resolution.
Mr. Chairman,
Our understanding is that, the purpose of the human rights machinery, in general, and this draft resolution, in particular, is to promote cooperation between the Commission on Human Rights and the country concerned, and to encourage the country concerned to improve conditions in the country. It, therefore, requires that the country concerned who is cooperating fully with the Commission and doing its utmost to improve conditions in the country should be appreciated and encouraged and that the country concerned who fails to cooperate with the Commission and has done little to improve conditions in the country be criticized. This is the rule of the game, as we understand it.
This draft resolution runs counter to that established rule.
Mr. Chairman,
Let us look objectively at the developments in Myanmar and in her cooperation with the United Nations and other international organizations and their subsidiary bodies in the past one year or so.
- Myanmar's economy has registered a steady and significant growth rate over the years. In the short term 4-year plan from 1992-93 to 1995-96, an average growth rate of 5.1% was targeted; in practice, an actual growth rate of 7.5% was achieved. In the second short term 5-year plan from 1996-97 to 2000-2001, an average annual growth rate of 8.4% was achieved. Currently, the third short term 5-year plan 2001-2002 to 2005-2006 is being implemented. Indications are that we can have a similar sustained annual growth rate in the current 5-year plan.
- Myanmar's economy is the agro-based economy. One of the most important sectors of our economy is the agricultural sector. Cultivated land areas in Myanmar has substantially increased to over 37 million acres as of today, compared to 23 million acres in 1988.
- As infrastructure building contributes to economic development, the Myanmar Government has successfully implemented infrastructure-building projects on a scale, unprecedented in the post-independence history of the country. To-date, the Government has completed over 170 new bridges including 9 major river-crossing bridges, 129 new dams, to mention just a few statistics.
Moreover, there have been significant developments in the political field.
- Just to cite one instance, over 580 detainees have been released in the past one year more than at any other time before.
Mr. Chairman,
Myanmar's cooperation with the United Nations and other international organizations and their subsidiary bodies have reached new heights:-
- The Myanmar Government has fully cooperated with Professor Pinheiro, Special Rapporteur on the Situation of Human Rights in Myanmar appointed by the Commission on Human Rights. His visit to Myanmar from 10 to 19 February 2002 was a success.
- It has also fully cooperated with Mr. Razali Ismail, Special Envoy of the United Nations Secretary-General. His visit to Myanmar from 27 November to 3 December 2001 was a fruitful one. As a matter of fact, Mr. Razali is on a visit to Myanmar right now.
- It has also fully cooperated with the ILO High Level Team led by Sir Ninian Stephen. The visit of the ILO High Level Team to Myanmar from 17 September to 6 October 2001 was also a success.
- A landmark agreement between Myanmar and the ILO on the appointment of an ILO Liaison Officer in the country was signed by the two sides in Geneva on 19 March 2002. It has opened a new chapter in Myanmar's cooperation with the ILO, and will pave the way for a review of the question with a view to removing the measures taken by the ILO under Article 33 of the ILO Constitution.
Mr. Chairman,
National reconciliation is an internal political question. We cannot accept any attempt by outsiders to influence events in Myanmar to move in the direction and at the pace they want by using pressure tactics under the pretext of promoting the cause of human rights.
Political transition in Myanmar has to be a subtle and step-by-step transition. It is being carried out on the basis of political, economic and social conditions of the country.
Outsiders ought not to pass judgements on this matter, based on hearsay and adverse comments of the unscrupulous elements.
There is, indeed, progress in the process of national reconciliation.
Mr. Chairman,
I should like to stress here that using pressure tactics under the pretext of promoting the cause of human rights is alien, and contradictory to the visions and values of human rights, enshrined in the Universal Declaration of Human Rights and other international instruments on human rights.
Such pressure tactics have not worked and will not work, so far as Myanmar is concerned.
They can only be counter-productive and self-defeating and will not serve any useful purpose.
Mr. Chairman,
Let me now turn to the draft resolution before the Commission. It has quite a number of negative paragraphs, couched in excessive language. Because of time constraint, I shall confine myself to some paragraphs which are most glaringly biased and negative.
The draft resolution, in operative paragraph 3(a), refers to the slow pace of the process of national reconciliation and democratization in Myanmar and urges greater momentum towards national reconciliation.
This paragraph is unacceptable to us. I have already clearly set out the reasons just a few moments ago why it is so.
Operative paragraph 4 has a chapeau of "Expresses its grave concern". Although I do not see any need for the whole paragraph, I should like to point out particularly that the word "grave" is irrelevant.
The positive developments reflected in Professor Pinheiro's report and oral presentation as well as in his press statement issued on 19 April 2002, have rendered the work "grave" in the chapeau irrelevant. It should be deleted.
Mr. Chairman,
The draft resolution, in operative paragraph 4(b), makes a sweeping conclusion that the composition and working procedures of the National Convention do not permit either members-elect of the Pyithu Hluttaw (Parliament), or representatives of national races to freely express their views and to the effect that they do not really contribute to the process of democratization.
This is factually incorrect. As a matter of fact, the representatives-elect of the NLD took part in the National Convention process up till November 1995. It was the representatives-elect of the NLD themselves who withdrew from the National Convention of their own accord at that point.
Given the specific characteristics of Myanmar and the prevailing conditions in the country, the process of the National Convention is the best suited to our needs. By convening the National Convention, we are taking progressive and systematic steps to establish a modern, peaceful and developed state in accordance with the aspiration of the people of Myanmar.
The National Convention is a truly representative body. It is a broadly based body, representing the whole cross-section of various political parties legally existing in the country, representatives from different national races and social strata -- the peasants, the workers, the intelligentsia, the technocrats and the like.
I should like to reiterate here that the National Convention has made significant advances. It has completed 15 chapters and 104 fundamental principles, to be incorporated in the new state constitution. At this juncture, the National Convention is in the midst of the process of building a consensus on power sharing which is an extremely delicate and sensitive nature of this question. It is imperative that we proceed systematically and cautiously in order to safeguard the interests of all the 135 national races, residing in the country.
Mr. Chairman,
Operative paragraph 4(g)* refers to what is described as the gravity of the HIV/AIDDS situation in Myanmar and urges the Myanmar Government to combat its scourge. This paragraph is factually incorrect. Operative paragraph 4(g) conveys the sense that the Myanmar Government is doing little to combat the HIV/AIDS problem.
The truth of the matter is that the programme for combating HIV/AIDS problem is one of the high priority national health programmes. Programme for combating HIV/AIDS problem through a multi-sectoral approach is being effectively and energetically implemented under the supervision of the National Health Committee and the National AIDS Committee with the full participation of the people.
This paragraph should be reformulated to accurately reflect what the Myanmar Government is doing to the best of its ability to eradicate the scourge of HIV/AIDS.
Mr. Chairman,
Operative paragraph 5(d) carries the allegations of restriction on the exercise of freedom of religion.
These allegations are unsubstantiated by concrete evidence.
On the contrary, Mr. Chairman, Myanmar, hallmarks of whose culture are gentleness, compassion and loving kindness, is well known for its religious tolerance.
If an observant foreigner pays a visit to Yangon, capital of Myanmar, he or she will be struck by a rare sight, right in the centre of the city, which is a shining example of the harmony and happy co-existence of the four major religions in the world. Beside and in front of the Yangon City Hall, there stand the religious edifices of the four major religions -- a Muslim mosque, a Christian cathedral, a Hindu temple and a Buddhist pagoda -- side by side within one kilometer of each other. I should think that a few cities, if any, in the world can claim the honour of having such a rare sight of the harmony and happy co-existence of the four major religions.
Perhaps, it is best to quote Madame Sadako Ogata, Independent Expert of Commission on Human Rights, who made a fact-finding mission to Myanmar in November 1990, and has indeed started cooperation between Myanmar and the Commission on Human Rights. Madame Ogata, in her report to the Commission on Human Rights contained in document E/CN.4/1991/R.3, observes: "It was further stressed that there was total absence of discrimination based on religion. From the highest ranks of Government service and throughout the ranks of public service, the question of religion simply did not arise. The Independent Expert considers this to be an undisputed fact and that Myanmar society may, in that respect, be a model society."
Mr. Chairman,
In short, it is regrettable that this year's draft resolution E/CN.4/2002/L.32 has retracted from, rather than progressed over the last year's resolution.
It is highly politicized, and it has been prepared with a political agenda.
It is biased, imbalanced and unfair. Its negative tone and thrust are in a sharp contrast to the significant developments in Myanmar in the past one year, which are more substantive and numerous than at any other time before and to the fairly good reports by the Special Rapporteur Professor Pinheiro.
In view of the above, we should call into question the purpose and raison d'etre of this draft resolution on the situation of human rights in Myanmar.
Mr. Chairman,
We do not accept that there is any need for a resolution on the situation of human rights in Myanmar. Much less this biased and negative draft resolution.
There is in Myanmar a saying: "A Buddhist monk, while going on a round of alms begging in the countryside, contracts malaria." To paraphrase it, one has done a lot of meritorious and commendable deeds. Despite all the meritorious and commendable deeds one has done, one is unfairly subjected to censure and retribution. This irony in the proverb of the disparity between what one has done and what one receives in return is the true characterization of the draft resolution L.32.
I should, therefore, like to place it on record that this draft resolution is unacceptable to my delegation.
Accordingly, my delegation dissociates itself from these negative elements in the draft resolution as well as from the draft resolution as a whole.
Nor shall we be a party to the adoption of this draft resolution. Nor do we consider ourselves bound by it.
Mr. Chairman,
We do hope that draft resolution on the situation of human rights in Myanmar next year, if there be any, will be much more improved, and will reflect many more positive developments in the country.
We are willing to cooperate with the Commission on Human Rights. But it should not be one-way traffic. The co-sponsors of the draft resolution should reciprocate by fuller cooperation and by preparing a more balanced and more positive draft resolution. We look forward to such a relationship of fruitful cooperation.
The best and most effective way of promoting and protecting human rights is through dialogue and cooperation, not through coercion and confrontation.
Let us, therefore, accentuate the positive and promote fruitful and mutually beneficial cooperation.
I thank you, Mr. Chairman.
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Notes by the transcriber
The above text is transcribed from the printed document distributed by the Myanmar delegation following the Ambassador's statement. The transcriber did not have the printed text to check against delivery.
In attempting a faithful transcription, no correction has been made of the various grammatical and other errors in the text.
* It appears that this statement is based on an earlier version of the resolution. The current paragraph dealing with HIV/AIDS is operative paragraph 4(h).