UNITED NATIONS
Economic and Social Council
Distr.
LIMITED
E/CN.4/2003/L.36
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,