Resolutions adopted by the UN General Assembly from 1991

on the situation of human rights in Myanmar

2004

UNITED NATIONS

General Assembly

Fifty-ninth session

Distr.: General

17 March 2005

A/Res/59/263

Resolution adopted by the General Assembly

[on the report of the Third Committee (A/59/503/Add.3)]

59/263. Situation of human rights in Myanmar

The General Assembly,

Reaffirming that all States Members 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 this field,

Reaffirming also its previous resolutions on the human rights situation in Myanmar, the most recent of which is resolution 58/247 of 23 December 2003, those of the Commission on Human Rights, the most recent of which is resolution 2004/61 of 21 April 2004,[1] and the conclusions of the special sitting of the Committee on the Application of Standards of the International Labour Conference of 5 June 2004,

Bearing in mind Security Council resolutions 1460 (2003) of 30 January 2003 and 1539 (2004) of 22 April 2004,

Recognizing that good governance, democracy, the rule of law and respect for human rights are essential to achieving sustainable development and economic growth,

1. Welcomes:

(a) The report of the Secretary‑General[2] and the interim report of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar;[3]

(b) The personal engagement of the Secretary‑General with the situation in Myanmar and his statement of 17 August 2004, in which he calls upon the Government of Myanmar to release Daw Aung San Suu Kyi immediately and to engage in substantive dialogue with the National League for Democracy and other political parties;

(c) The establishment by the Government of a committee for the prevention of military recruitment of underage children and its discussions with the United Nations Children’s Fund towards concluding a plan of action, and stresses the need for the Government to work closely with the Fund;

(d) The resumption of peace talks between the Government of Myanmar and the Karen National Union;

(e) The access to the eastern part of Myanmar of the International Committee of the Red Cross and the United Nations High Commissioner for Refugees;

2. Expresses its grave concern at:

(a) The ongoing systematic violation of the human rights, including civil, political, economic, social and cultural rights, of the people of Myanmar, in particular as outlined in previous resolutions concerning the situation of human rights in Myanmar, the most recent of which are General Assembly resolution 58/247 and Commission on Human Rights resolution 2004/61;¹

(b) The events of 30 May 2003 and the continuing detention and house arrest of Daw Aung San Suu Kyi and members of the National League for Democracy;

(c) The fact that the Myanmar authorities have yet to implement recommendations contained in the aforementioned resolutions adopted by the General Assembly and the Commission on Human Rights;

(d) The fact that the Myanmar authorities have not permitted the Special Envoy of the Secretary‑General for Myanmar to visit for over six months, or the Special Rapporteur to visit for almost twelve months, despite repeated requests;

(e) The continuing restrictions placed on the National League for Democracy and other political parties which prevented them from participating in the National Convention;

3. Calls upon the Government of Myanmar:

(a) To end the systematic violations of human rights in Myanmar, including extrajudicial killings, the use of torture, the use of rape and other forms of sexual violence persistently carried out by members of the armed forces, discrimination and violations suffered in particular by persons belonging to ethnic minorities, women and children and violations of the right to an adequate standard of living; 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;

(b) To ensure that the next session of the National Convention is fully inclusive of all political parties and representatives and all major ethnic nationalities not represented by a political party, and that participants are guaranteed freedom of association and freedom of expression, including freedom of the media and unlimited access to information for the people of Myanmar, and guarantees the safety of all participants;

(c) To restore democracy and respect the results of the 1990 elections by, inter alia, releasing immediately and unconditionally the leadership of the National League for Democracy, including Daw Aung San Suu Kyi, and members of the League detained on or after 30 May 2003, as well as other prisoners of conscience, and to cease the ongoing harassment of the League and other political parties and allow the reopening of the offices of the League throughout the country;

(d) To release immediately and unconditionally all detained or imprisoned political prisoners;

(e) To initiate a full and independent inquiry, with international cooperation, into the Depayin incident of 30 May 2003, as called for by the General Assembly at its fifty‑eighth session;

(f) To cooperate fully with the Special Envoy and the Special Rapporteur in order to help to bring Myanmar towards a transition to civilian rule and to ensure that they are both granted without further delay full, free and unimpeded access to Myanmar and that no person cooperating with the Special Envoy, the Special Rapporteur or any international organization is subjected to any form of intimidation, harassment or punishment, and to review as a matter of urgency the case of those undergoing punishment in this regard;

(g) To consider as a matter of high priority becoming a party to all relevant human rights instruments;

(h) 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, to cooperate with the International Labour Organization, and to implement fully the recommendations of the Commission of Inquiry established to examine the observance by Myanmar of the Convention concerning Forced or Compulsory Labour, 1930 (Convention No. 29), of the International Labour Organization;

(i) 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 recommendations of the Committee on the Rights of the Child;[4]

(j) To end the policy of the systematic enforced displacement of persons and other policies leading to displacement within Myanmar and 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;

(k) To immediately ensure the safe and unhindered access to all parts of Myanmar of the United Nations and international humanitarian organizations so as to ensure the provision of humanitarian assistance and to guarantee that it reaches the most vulnerable groups of the population, including internally displaced persons and returnees;

(l) To pursue through dialogue and peaceful means an immediate end to conflict with all remaining ethnic groups with which ceasefire agreements have not yet been signed;

(m) To formulate a clear and detailed plan for the transition to democracy, which includes concrete timing and the involvement of all political groups and ethnic nationalities in a way that ensures the process is transparent and inclusive;

4. Requests the Secretary‑General:

(a) To continue to provide his good offices and to pursue his discussions on the situation of human rights and the restoration of democracy with the Government and people of Myanmar, including all relevant parties to the national reconciliation process in Myanmar;

(b) To give all necessary assistance to enable his Special Envoy and the Special Rapporteur to discharge their mandate fully and effectively;

(c) To report to the General Assembly at its sixtieth session and to the Commission on Human Rights at its sixty‑first session on the progress made in the implementation of the present resolution;

5. Decides to continue the consideration of this question at its sixtieth session.

76th plenary meeting
23 December 2004

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2003

A/C.3/58/L.68/Rev.1

United Nations
General Assembly

Dist. Limited
18 November 2003
Original: English

Fifty-eighth Session
Third Committee
Agenda item 117 (c)

Human rights questions: human rights situations and reports of special rapporteurs and representatives

Albania, Andorra, Australia, Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Malta, Netherlands, New Zealand, Poland, Portugal, Republic of Korea, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland and United States of America:

Situation of human rights in Myanmar

The General Assembly,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,1 the International Covenants on Human Rights2 and other human rights instruments,

Reaffirming that all States Members of the United Nations have an obligation to promote and protect human rights and fundamental freedoms and 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,3 the Convention on the Elimination of All Forms of Discrimination against Women,4 the Convention on the Prevention and Punishment of the Crime of Genocide,5 and the Geneva Conventions of 12 August 1949 for the protection of victims of war,6 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,

Bearing in mind Security Council resolution 1460 (2003) of 30 January 2003 on children and armed conflict, and the report of the Secretary-General pursuant thereto,7

Recalling its previous resolutions on the subject, the most recent of which is resolution 57/231 of 18 December 2002, those of the Commission on Human Rights, the most recent of which is resolution 2003/12 of 16 April 2003,8 and 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,

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 achieving sustainable development and economic growth,

Noting the increasing awareness of the Government of Myanmar of the need to comprehensively address the production of opium in Myanmar,

Taking note of the road map for the transition to democracy announced by the Prime Minister of Myanmar on 30 August 2003,

1. Welcomes:

(a)     The visits to Myanmar by the Special Envoy of the Secretary-General for Myanmar during the past year, and the visits by the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar;

(b)     The steps undertaken by the international community, including support from countries in the region, to encourage the Government of Myanmar to resume its efforts towards national reconciliation and dialogue, pursuant to acknowledging the importance of strengthening democracy as a fundamental element of regional security, as noted in the statement adopted on 18 June 2003 at the Tenth Regional Forum of the Association of Southeast Asian Nations;

(c)     The report of the Secretary-General;9

(d)     The interim report of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar;10

(e)     The agreement, in Yangon on 27 May 2003, of the Joint Government of the Union of Myanmar-International Labour Organization Plan of Action for the Elimination of Forced Labour Practices in Myanmar, including the agreement on the establishment of an independent facilitator to assist possible victims of forced labour, while noting that the conditions for the implementation of the Plan of Action do not exist at present;

(f)     The continued cooperation of the Government of Myanmar with the International Committee of the Red Cross;

2.      Expresses its grave concern at:

(a)     The events of 30 May 2003, the corresponding, subsequent and continuing violations of human rights which constitute a serious setback for the human rights situation in the country, and the apparent involvement of the Government-affiliated Union Solidarity and Development Association in these events;

(b)     The detention and the house arrest of Daw Aung San Suu Kyi, and the persistent denial of her human rights and fundamental freedoms, including freedom of movement, as   well as the continued detention of other senior leaders of the National League for Democracy;

(c)     The closure of offices of the National League for Democracy throughout the country and the increased surveillance and imprisonment of members and supporters of the League and other political organizations as well as the continuing detentions, inter alia, of prisoners whose sentences have expired;

(d)     The systematic and consistent harassment and intimidation of members of the National League for Democracy by members of the Union Solidarity and Development Association;

(e)     The lack of cooperation of the Government of Myanmar with the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar, particularly as concerns his proposal to visit ethnic nationality areas to investigate allegations of serious human rights violations;

3.      Expresses once again 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, in particular:

(i)     Extrajudicial killing; continuing use of torture; rape and other forms of sexual violence persistently carried out by members of the armed forces; unsatisfactory conditions of detention; forced relocation; wide disrespect for the rule of law and lack of independence of the judiciary; trafficking in persons; forced labour, including child labour; destruction of livelihoods and confiscation of land by the armed forces; and violations of the right to an adequate standard of living,     including food, medical care and education;

(ii)    Denial of freedom of expression, including freedom of the media, of association, of assembly and of movement;

(iii) Discrimination and persecution on the basis of religious or ethnic background suffered by persons belonging to ethnic minorities, women and children;

(b)     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;

4.      Calls upon the Government of Myanmar:

(a)     To initiate a full and independent inquiry, with international cooperation, into the Depayin incident of 30 May 2003;

(b)     To immediately facilitate and cooperate fully with the proposed investigation by the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar into charges of rape and other abuse of civilians carried out by members of the armed forces in Shan and other States, including unhindered access to     the region, and to guarantee the safety of those cooperating with and covered by the investigation;

(c)     To immediately secure the safe and unhindered access to all parts of Myanmar of the United Nations and international humanitarian organizations so as to ensure the provision of humanitarian assistance and to guarantee that it reaches the most vulnerable groups of the population;

(d)     To pursue through dialogue and peaceful means an immediate end to conflict with all the remaining ethnic groups with which ceasefire agreements have not yet been signed, and to live up to its obligations to improve the development and human rights situation in ceasefire areas;

(e)     To take all necessary steps to pursue cooperation with the International Labour Organization, with a view to implementing fully the recommendations of the Commission of Enquiry established to examine the observance by Myanmar of the Convention concerning Forced or Compulsory Labour, 1930 (Convention No. 29) of the International Labour Organization; and to create an environment in which the Joint Government of the Union of Myanmar-International Labour Organization Plan of Action for the Elimination of Forced Labour Practices in Myanmar, and in particular the facilitator mechanism that it established, may be implemented in a credible manner;

5.      Strongly urges the Government of Myanmar:

(a)     To end the systematic violations of human rights in Myanmar and to ensure full respect for all human rights and fundamental freedoms;

(b)     To immediately and unconditionally release Daw Aung San Suu Kyi, other leaders of the National League for Democracy, and members of the League detained on or after 30 May 2003, and to allow them to play a full role in bringing about national reconciliation and the transition towards democracy;

(c)     To immediately and unconditionally release all other political detainees;

(d)     To immediately reverse all the other "temporary" measures imposed following the 30 May 2003 incident, inter alia, by the reopening of all the offices of the National League for Democracy throughout the country;

(e)     To immediately lift all restraints on peaceful political activity, and to fully guarantee freedom of expression, including freedom of the media, of association and of assembly;

(f)     To put an end to impunity by investigating and bringing to justice any perpetrators of human rights violations, including members of the military, and the Union Solidarity and Development Association, and other government agents in all circumstances;

(g)     To enhance cooperation with the Special Envoy of the Secretary-General for Myanmar and the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar in order that the situation after 30 May 2003 may be assessed first-hand, to guide the country towards a transition to civilian rule, and to ensure that both the Special Envoy and the Special Rapporteur are granted full and free access to Myanmar and all persons cooperating with them are not subjected to any form of intimidation, harassment or punishment and that, while in Myanmar, they are provided with equal access to the leaders and members of all the country's political parties, including the National League for Democracy;

(h)     To restore democracy and respect the results of the 1990 elections and to enter immediately into substantive and structured dialogue with Daw Aung San Suu Kyi and other leaders of the National League for Democracy directed towards democratization and national reconciliation and, at an early stage, include other political leaders in these talks, including representatives of the ethnic groups;

(i)     To elaborate the road map for the transition to democracy, which is still lacking in such essential elements as concrete timing and an adequate plan for the involvement of all political groups and ethnic nationalities, in such a way as to assure that the process is transparent and inclusive;

6.      Once again urges the Government of Myanmar, as its did in its resolution 57/231of 18 December 2002, and as done by the Commission on Human Rights in its resolution 2003/12 of 16 April 2003:

(a)     To ensure the independence of the judiciary and due process of law;

(b)     To consider as a matter of high priority becoming party to those remaining international human rights instruments to which it is not already party, and to comply fully with its obligations under international human rights instruments;

(c)     To put an immediate end to the recruitment and use of child soldiers, inter alia, by some armed ethnic groups and ensure their disarmament, demobilization and reintegration, to end systematic enforced displacement and provide protection and assistance to internally displaced persons, to allow safe and dignified voluntary return of refugees, and to carry out the action appropriate to fighting the HIV/AIDS epidemic;

7.      Requests the Secretary-General:

(a)     To continue to provide his good offices and to pursue his discussions on the situation of human rights and the restoration of democracy with the Government and people of Myanmar including all relevant parties to the national reconciliation process in Myanmar;

(b)     To report to the General Assembly at its fifty-ninth session and to the Commission on Human Rights at its sixtieth session on the progress made in the implementation of the present resolution;

(c)     To give all necessary assistance in enabling his Special Envoy for Myanmar to implement the present resolution and, in the context of the facilitation role, to explore any and all possibilities for discharging fully and effectively his mandate;

(d)     To continue to give all necessary assistance to the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar so as to enable him to discharge his mandate fully;

8.      Decides to continue the consideration of this question at its fifty-ninth session.

__________________

1 Resolution 217 A (III).
2 Resolution 2200 A (XXI), annex.
3 Resolution 44/25, annex.
4 Resolution 34/180, annex.
5 Resolution 260 A (III).
6 United Nations, Treaty Series, vol. 75, Nos. 970-973
7 A/58/546-A/2003/1053.
8 To be issued in Official Records of the Economic and Social Council, 2003, Supplement No. 3 (E/2003/23), chap. II, sect. A.
9 A/58/325 and Add.1.
10 See A/58/219.

Adopted by consensus, 1 December 2003.

__________________

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2002

UNITED NATIONS

General Assembly

12 November 2002

Fifty-seventh session

Third Committee

Agenda item 109 (c)

Human rights questions: human rights situations and reports of special rapporteurs and representatives

Albania, Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Costa Rica, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania,Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Romania, San Marino, Slovenia, Spain, Sweden, Switzerland, United Kingdom of Great Britain and Northern Ireland and United States of America: draft resolution

Situation of human rights in Myanmar

The General Assembly,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,_[1] the International Covenants on Human Rights _[2] and other human rights instruments,

Reaffirming that all States Members of the United Nations have an obligation to promote and protect human rights and fundamental freedoms and 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,_[3] the Convention on the Elimination of All Forms of Discrimination against Women,_[4] the Geneva Conventions of 12 August 1949 on the protection of the victims of war,_[5] as well as the Convention concerning forced or compulsory labour (Convention No. 29) of 1930 and the Convention concerning freedom of association and protection of the right to organize (Convention No. 87) of 1948 of the International Labour Organization,

Recalling its previous resolutions on the subject, the most recent of which is resolution 56/231 of 24 December 2001, and those of the Commission on Human Rights, the most recent of which is resolution 2002/67 of 25 April 2002,_[6]

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,

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,

1. Welcomes:

(a) The preliminary steps taken by the Government of Myanmar towards democracy, in particular: the release from house arrest of Aung San Suu Kyi on 6 May 2002 and her subsequent internal freedom of movement, the release of a number of political prisoners, and the relaxation of some constraints on some political activities of the National League for Democracy;

(b) The appointment by the International Labour Organization of a liaison officer in Myanmar as a first step towards the establishment of full and effective representation of the Organization in Myanmar;

(c) The visits to Myanmar by the Special Envoy of the Secretary-General on Myanmar during the past year, and the visits by the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar, and the cooperation extended to them by the Government of Myanmar;

(d) The continued cooperation with the International Committee of the Red Cross;

(e) The dissemination of human rights standards for public officials and some non-governmental organizations and ethnic groups through a series of human rights workshops;

2. Notes the establishment by the Government of Myanmar 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 for the promotion and protection of human rights annexed to General Assembly resolution 48/134 of 20 December 1993;

3. Expresses its grave concern at:

(a) The ongoing systematic violation of the human rights, including civil, political, economic, social and cultural rights, of the people of Myanmar;

(b) Extrajudicial killings; rapes and other forms of sexual violence carried out by members of the armed forces; torture; renewed instances of political arrests and continuing detentions, including of prisoners whose sentences have expired; forced relocation; destruction of livelihoods; forced labour; denial of freedoms of assembly, association, expression and movement; discrimination on the basis of religious or ethnic background; wide disrespect for the rule of law and lack of independence of the judiciary; deeply unsatisfactory conditions of detention; systematic use of child soldiers; and violations of the rights to an adequate standard of living, in particular food and medical care, and to education;

(d) The situation of the large number of internally displaced persons and the flow of refugees to neighbouring countries;

(e) The ever-increasing impact of the human immunodeficiency virus/ acquired immunodeficiency syndrome (HIV/AIDS) on the population of 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 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 (Convention No. 29) of 1930;

(c) To pursue the dialogue with the International Labour Organization towards the implementation of a full and effective representation of the organization in Myanmar;

(d) To ensure safe and unhindered access to 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 continue to cooperate with the Special Envoy of the Secretary-General on Myanmar and the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar;

(f) To consider as a matter of high priority becoming a party to: the International Covenant on Civil and Political Rights,² the International Covenant on Economic, Social and Cultural Rights,² the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,_[7] the International Convention on the Elimination of All Forms of Racial Discrimination,_[8] the Convention relating to the Status of Refugees _[9] and its Protocol,_[10] the Optional Protocol on the involvement of children in armed conflict _[11] to the Convention on the Rights of the Child³ and the International Labour Organization Convention concerning the prohibition and immediate action for the elimination of the worst forms of child labour (Convention No. 182) of 1999;

(g) To pursue through dialogue and peaceful means an end to conflict with all ethnic groups in Myanmar;

5. Strongly urges the Government of Myanmar:

(a) To restore democracy and implement the results of the 1990 elections and to ensure that the contacts with Aung San Suu Kyi and other leaders of the National League for Democracy move without delay into substantive and structured dialogue towards democratization and national reconciliation and at an early stage to include other political leaders in these talks, including the representatives of the ethnic groups;

(b) To end the systematic violations of human rights in Myanmar and to ensure full respect for all human rights and fundamental freedoms and, to end impunity, 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) To facilitate and cooperate fully with an independent international investigation of charges of rapes 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;

(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;

(f) To lift all restraints on peaceful political activity, including guaranteeing freedom of association and freedom of expression, including freedom of the media;

(g) To end the systematic enforced displacement of persons and other causes of refugee flows to neighbouring countries, and 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 gravity of the situation regarding HIV/AIDS and the need to take 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 relevant political and ethnic groups;

6. Requests the Secretary-General to continue to provide his good offices and to pursue his discussions on the situation of human rights and the restoration of democracy with the Government and people of Myanmar, to submit additional reports to the General Assembly during its fifty-seventh session on the progress of those discussions, and to report to the Assembly at its fifty-eighth session and to the Commission on Human Rights at its fifty-ninth session on the progress made in the implementation of the present resolution;

7. Decides to continue consideration of this question at its fifty-eighth session.

[Adopted without a vote –

by consensus – 12 November 2002]

_[1] Resolution 217 A (III).

_[2] Resolution 2200 A (XXI), annex.

_[3] Resolution 44/25, annex.

_[4] Resolution 34/180, annex.

_[5] United Nations, Treaty Series, vol. 75, Nos. 970-973.

_[6] See Official Records of the Economic and Social Council, 2002, Supplement No. 3 (E/2002/23), chap. II, sect. A.

_[7] Resolution 39/46, annex.

_[8] Resolution 34/180, annex.

_[9] United Nations, Treaty Series, vol. 189, No. 2545.

_[10] Ibid., vol. 606, No. 8791.

_[11] Resolution 54/263, annex I.

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2001

UNITED NATIONS
General Assembly

Distr. Limited
19 November 2001
[N.B. this is the date of tabling. The official date of the resolution will be the date of its adoption in plenary]
Original: English

Fifty-sixth session
Third Committee
Agenda item 119 (c)
Human rights questions: human rights situations and
reports of special rapporteurs and representatives

Australia, Austria, Canada, Costa Rica, Czech Republic, Denmark, Finland, France, Germany, Hungary, Iceland, Ireland, Liechtenstein, Luxembourg, Monaco, Norway, Poland, Portugal, Romania, Republic of Korea, San Marino, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland and United States of America: draft resolution

Additional Co-sponsors: Andorra, Belgium, Bulgaria, Estonia, Greece, Lithuania, Italy, Latvia, Malta, the Netherlands, New Zealand, Slovenia

Situation of human rights in Myanmar

The General Assembly,

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 elaborated in the Universal Declaration of Human Rights' the International Covenants on Human Rights' and other applicable human rights instruments,

basis of the authority of government, and therefore expressing its grave concern that the Government of Myanmar has still not implemented its commitment to take all necessary steps towards democracy in the light of the results of the elections held in 1990,

Recalling its resolution 55/112 of 4 December 2000 and Commission on Human Rights resolution 1992/58 of 3 March 1992,3 in which the Commission, inter alia, decided to nominate a special rapporteur with a given mandate, and taking note of Commission resolution 2001/15 of 18 April 2001,4 in which the Commission decided to extend for one year the mandate of its Special Rapporteur on the situation of human rights in Myanmar,

Recalling also 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 major violations of human rights in Myanmar,

Still gravely concerned about the human rights situation in Myanmar, especially the suppression of the exercise of political rights and freedom of thought, expression, association and movement in Myanmar, and about restrictions placed on Aung San Suu Kyi and other members of the National League for Democracy, inter alia, on their freedom to function and to communicate with the outside world,

Gravely concerned that the legal system is effectively used as an instrument of oppression, inter alia, through the intimidation and detention of lawyers,

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 three visits to Myanmar by the Special Envoy of the Secretary-General during the past year, and the visits by the Special Rapporteur, as well as the high-level team of the International Labour Organization, and the cooperation extended to them by the Government of Myanmar,

Cautiously encouraged by signs of progress in the ongoing political process in Myanmar, as reported by the Special Rapporteur, especially the release of political prisoners and the relaxation of some of the constraints governing the operation of legal political parties, but still concerned at the slow speed of the process,

I. Expresses its appreciation to the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar for his interim report~ as well as his oral presentation;

2. Welcomes the assistance extended to the Special Rapporteur by he Government of Myanmar during his exploratory visit in April 2001 and his First fact-finding mission in October 2001, which enabled him to establish direct contacts with the Government and all other relevant sectors of society, and calls upon the Government to continue to cooperate with the Special Rapporteur, to allow him to conduct further field missions, without preconditions, and to implement fully his recommendations;

3. Also welcomes the report of the Secretary-General6 on the visits to the country of his Special Envoy for Myanmar, strongly endorses his efforts to help facilitate the national reconciliation process among all interested parties in Myanmar, and encourages the Government of Myanmar to establish a constructive and regular dialogue with the Secretary-General in order to make better use of his good offices;

4. Deplores the continued 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;

5. Welcomes the initiation of confidence-building contacts between the Government and Aung San Suu Kyi, General Secretary 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, thereby facilitating broad-based and inclusive national reconciliation and the restoration of democracy;

6. Expresses its concern over the slow progress in the talks between the Government of Myanmar and Aung San Suu Kyi, and urges that the increasing development and progress of the confidence-building measures ensure the irreversibility of the process towards democracy;

7. Recognizes 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 the exercise of political parties with regard to reedom of assembly, association, expression, information and movement, as noted by the Special Rapporteur, as well as at the use by the Government of intimidatory methods such as arbitrary detention and abuse of the legal system, and calls for an early restoration of political rights and freedoms;

8. Notes 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;

9. Also notes the establishment by the Government of Myanmar of a national human rights committee and encourages it to bring this committee into 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 (the Paris Principles);

10. Welcomes the release from detention of a number of democratic political activists and strongly urges the Government of Myanmar to release all remaining detained political leaders and all political prisoners, including journalists, to ensure their physical integrity and to permit them to participate in the process of national reconciliation;

11. Notes with satisfaction 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;

12. Welcomes the reopening of most university courses, 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 and the inadequate allocation of resources;

13. Strongly urges the Government of Myanmar 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, General Secretary of the National League for Democracy, to encompass 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, and, in this context, notes the existence of the committee representing the People's Parliament;

14. Recalls the resolution adopted by the International Labour Conference at its eighty-eighth session, held from 30 May to 15 June 2000, 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 could not 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 by Myanmar of International Labour Organization Convention No. 29 concerning forced or compulsory labour, of 1930;

15. Welcomes the recent visit to Myanmar undertaken by the high-level team of the International Labour Organization, with the objective of assessing the practical implications and impact of measures taken by the Government to eradicate the practice of forced labour and the cooperation that was extended to it by the Government of Myanmar;

16. Note with regret of the conclusion of the high-level team that there has been only moderately positive evolution in the situation, since there has been only uneven efforts at disseminating the orders, since the orders are not observed by the military at the local level and since, despite widespread instances of forced labour, there have been no criminal prosecutions, and that much more will have to be done to adequately address the situation, including movement towards national reconciliation;

17. Strongly urges the Government of Myanmar to implement, in close cooperation with the International Labour Organization, 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, in this context, endorses the recommendations of the high-level team, including the establishment of a long-term representation of the International Labour Organization in Myanmar and the creation of an ombudsman, and encourages the government of Myanmar to pursue the dialogue with the Director General of the International Labor Organization to this end;

18. Deplores the continued violations of human rights, in particular those directed against persons belonging to ethnic and religious minorities, summary executions, rape, torture, forced labour, forced portering, forced relocations, use of anti-personnel landmines, destruction of crops and fields and dispossession of land and property, which deprives those persons of all means of subsistence and results in large-scale displacement of persons and flows of refugees to neighbouring countries, with negative effects for those countries, and an increasing number of internally displaced persons;

19. Urges the Government of Myanmar to end the systematic 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 conditions of safety and dignity and to allow the safe and unhindered access of humanitarian personnel to assist in the return and reintegration process;

20. Deplores the continued violations of the human rights of women, especially women who are internally displaced or belong to ethnic minorities or the political opposition, in particular forced labour, trafficking, sexual violence and exploitation, including rape;

21. Strongly urges the Government of Myanmar 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;

22. Deplores the recruitment of children as soldiers, in particular children belonging to ethnic minorities, and strongly urges the Government of Myanmar and all other parties to the hostilities in Myanmar to end the use of children as soldiers;

23. Notes that the Government of Myanmar is starting to address the growing incidence of human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS) infection, while recognizing that much still needs to be done, particularly in the area of HIV/AIDS prevention, and urges the Government of Myanmar to fully recognize the severity of the situation and the need to take necessary action against the disease, in cooperation with all relevant political and ethnic groups, and through the development of the United Nations joint plan of action on HIV/AIDS, to be delivered through non-governmental organizations or international agencies with a view to reaching the communities most affected and most vulnerable to HIV/AIDS infection;

24. Urges the Government of Myanmar to promote and protect the human rights of people living with HIV/AIDS and guard against the marginalization and discrimination that they may experience and to ensure that the health-care system receives sufficient funding to enable health workers to provide the highest possible standard of health care;

25. Expresses its grave concern at the high rates of malnutrition among pre-school-aged children, which constitute serious violations of their rights to adequate food and the highest attainable standard of health and may have serious repercussions for the health and development of the affected children;

26. Strongly urges the Government of Myanmar to ensure full respect for all human rights and fundamental freedoms, including economic and social rights, and to fulfill its obligation to restore the independence of the judiciary and due process and to end the impunity of and bring to justice any perpetrators of human rights violations, including members of the military, and to investigate and prosecute alleged violations committed by government agents in all circumstances;

27. Requests the Secretary-General to continue his discussions on the situation of human rights and the restoration of democracy with the Government of Myanmar, to submit additional reports to the General Assembly during its fifty-sixth session on the progress of those discussions, and to report to the Assembly at its fifty-seventh session and to the Commission on Human Rights at its fifty-eight session on the progress made in the implementation of the present resolution;

28. Decides to continue its consideration of this question at its fifty-seventh session.

[Approved without a vote, 30 November 2001]

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2000

UNITED NATIONS

GENERAL ASSEMBLY

Distr.
GENERAL

A/RES/55/112
1 March 2001

Resolution adopted by the General Assembly

[on the report of the Third Committee (A/55/602/Add.3)]

55/112. Situation of human rights in Myanmar

The General Assembly,

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 elaborated in the Universal Declaration of Human Rights, Resolution 217 A (III). the International Covenants on Human Rights Resolution 2200 A (XXI), annex. 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, and therefore expressing its grave concern that the Government of Myanmar has still not implemented its commitment to take all necessary steps towards democracy in the light of the results of the elections held in 1990,

Recalling its resolution 54/186 of 17 December 1999 and Commission on Human Rights resolution 1992/58 of 3 March 1992, See Official Records of the Economic and Social Council, 1992, Supplement No. 2 (E/1992/22), chap. II, sect. A. in which the Commission, inter alia, decided to nominate a special rapporteur with a given mandate, and taking note of Commission resolution 2000/23 of 18 April 2000, Ibid., 2000, Supplement No. 3 and corrigendum (E/2000/23 and Corr.1), chap. II, sect. A. in which the Commission decided to extend for one year the mandate of its Special Rapporteur on the situation of human rights in Myanmar,

Recalling also 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 major violations of human rights in Myanmar,

Still gravely concerned at the deterioration of the human rights situation in Myanmar, especially the unabated suppression of the exercise of political rights and freedom of thought, expression, association and movement in Myanmar, as reported by the Special Rapporteur, and deeply concerned that new restrictions have been placed on Aung San Suu Kyi and other members of the National League for Democracy,

Also gravely concerned that the legal system is effectively used as an instrument of oppression and at the increasing intimidation and detention of lawyers,

Noting with interest the two recent visits to Myanmar by the Special Envoy of the Secretary-General and the cooperation extended by the Government of Myanmar in that regard,

Deeply regretting the failure of the Government of Myanmar to cooperate fully with the relevant United Nations mechanisms, in particular the Special Rapporteur, who still has not been invited to Myanmar, despite assurances by the Government of Myanmar in 1999 that it would seriously consider a visit,

1. Expresses its appreciation to the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar for his interim report, A/55/359. and calls upon the Government of Myanmar to implement fully the recommendations made by the Special Rapporteur;

2. Urges the Government of Myanmar to cooperate fully and without further delay with the Special Rapporteur, and 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, thus enabling him fully to discharge his mandate;

3. Notes with satisfaction 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;

4. Deplores the continued violations of human rights in Myanmar, including extrajudicial, summary or arbitrary executions, enforced disappearances, rape, torture, inhuman treatment, mass arrests, forced labour, including the use of children, forced relocation and denial of freedom of assembly, association, expression and movement, as reported by the Special Rapporteur;

5. Expresses its grave concern at the increasingly systematic policy of the Government of Myanmar to persecute the democratic opposition, members of the National League for Democracy, sympathizers and their families, and ethnic opposition parties, and at the use by the Government of intimidatory methods such as arbitrary arrest and detention and abuse of the legal system, including harsh long-term prison sentences, mass rallies and media campaigns, which have forced many to refrain from exercising their legitimate political rights;

6. Urges the Government of Myanmar to cease, without delay, all activities aimed at preventing the free exercise of internationally recognized human rights, including freedom of association, assembly, movement and speech, and in particular to remove all restrictions on the freedom of movement of Aung San Suu Kyi and other members of the National League for Democracy and on their freedom to communicate with the outside world;

7. Strongly urges the Government of Myanmar to release immediately and unconditionally detained political leaders and all political prisoners, including journalists, to ensure their physical integrity and to permit them to participate in the process of national reconciliation;

8. Expresses its concern 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 new and constructive ways to promote national reconciliation and to restore democracy, through, inter alia, the establishment of a time frame for action;

9. Strongly urges the Government of Myanmar, taking into account the assurances it has given on various occasions, to take all necessary steps towards the restoration of democracy, in accordance with the will of the people, as expressed in the democratic elections held in 1990 and, to that end, without delay, to engage in a substantive political dialogue with political leaders, including Aung San Suu Kyi, and representatives of ethnic groups, and, in that context, notes the existence of the committee representing the People's Parliament;

10. Notes with grave concern 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 to limit strictly further cooperation with the Government and has prompted the International Labour Conference to adopt, subject to certain conditions, a number of measures to secure compliance by the Government of Myanmar with the recommendations of the Commission of Inquiry established to examine the observance of International Labour Organization Convention No. 29 concerning forced or compulsory labour, of 1930;

11. Notes the recent visit by the technical cooperation mission of the International Labour Organization to Myanmar and the cooperation extended to the mission, while awaiting the results of the mission;

12. Strongly urges the Government of Myanmar 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;

13. Welcomes the reopening of most 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 of the student population and its dispersal to distant campuses and the lack of adequate resources;

14. Deplores the continued violations of human rights, in particular those directed against persons belonging to ethnic and religious minorities, including summary executions, rape, torture, forced labour, forced portering, forced relocations, use of anti-personnel landmines, destruction of crops and fields and dispossession of land and property, which deprives those persons of all means of subsistence and results in large-scale displacement of persons and flows of refugees to neighbouring countries, with negative effects for those countries, and an increasing number of internally displaced persons;

15. Urges the Government of Myanmar to end the systematic 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 conditions of safety and dignity and to allow the safe and unhindered access of humanitarian personnel to assist in the return and reintegration process;

16. Deplores the continued violations of the human rights of women, especially women who are refugees, are internally displaced or belong to ethnic minorities or the political opposition, in particular forced labour, trafficking, sexual violence and exploitation, including rape, as reported by the Special Rapporteur;5

17. Strongly urges the Government of Myanmar 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;

18. Deplores the recruitment of children as soldiers, in particular children belonging to ethnic minorities, and strongly urges the Government of Myanmar and all other parties to the hostilities in Myanmar to end the use of children as soldiers;

19. Expresses its concern at the growing incidence of human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS) infection, and urges the Government of Myanmar urgently to address this issue, which will have a serious long-term impact on the development of the country, and to ensure that the health system receives sufficient funding to enable health workers to meet the right of all people to the highest possible standard of health care;

20. Expresses its grave concern at the high rates of malnutrition among pre-school-aged children, which constitute serious violations of their rights to adequate food and the highest attainable standard of health and may have serious repercussions for the health and development of the affected children;

21. Strongly urges the Government of Myanmar to ensure full respect for all human rights and fundamental freedoms, including economic and social rights, and to fulfil its obligation to restore the independence of the judiciary and due process and to end the impunity of and bring to justice any perpetrators of human rights violations, including members of the military, and to investigate and prosecute alleged violations committed by government agents in all circumstances;

22. Welcomes the report of the Secretary-General on the visit of his Special Envoy to Myanmar, A/55/509. 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;

23. Requests the Secretary-General to continue his discussions on the situation of human rights and the restoration of democracy with the Government of Myanmar, to submit additional reports to the General Assembly during its fifty-fifth session on the progress of those discussions, and to report to the Assembly at its fifty-sixth session and to the Commission on Human Rights at its fifty-seventh session on the progress made in the implementation of the present resolution;

24. Decides to continue its consideration of this question at its fifty-sixth session.

81st plenary meeting
4 December 2000

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1999

UNITED NATIONS

GENERAL ASSEMBLY

Distr.
GENERAL

A/RES/54/186
29 February 2000

Fifty-fourth session
Agenda item 116 (c)

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

[on the report of the Third Committee (A/54/605/Add.3)]

54/186. Situation of human rights in Myanmar

The General Assembly,

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 elaborated in the Universal Declaration of Human Rights, Resolution 217 A (III). the International Covenants on Human Rights Resolution 2200 A (XXI), annex. and other applicable human rights instruments,

Aware that, in accordance with its 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, and therefore expressing its grave concern 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 its resolution 53/162 of 9 December 1998,

Recalling also Commission on Human Rights resolution 1992/58 of 3 March 1992, See Official Records of the Economic and Social Council, 1992, Supplement No. 2 (E/1992/22), chap. II, sect. A. in which the Commission, inter alia, decided to nominate a special rapporteur with a given mandate, and taking note of Commission resolution 1999/17 of 23 April 1999, Ibid., 1999, Supplement No. 3 (E/1999/23), chap. II, sect. A. in which the Commission decided to extend for one year the mandate of its Special Rapporteur on the situation of human rights in Myanmar,

Recalling further 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 major violations of human rights in Myanmar,

Gravely concerned at the continuing and intensified repression of civil and political rights in Myanmar, as reported by the Special Rapporteur,

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,

Noting that the Government of Myanmar, as a State party to the Convention on the Elimination of All Forms of Discrimination against Women, Resolution 34/180, annex. has submitted its initial report to the Committee on the Elimination of Discrimination against Women for its consideration,

1. Expresses its appreciation to the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar for his interim report, A/54/440, annex. and calls upon the Government of Myanmar to implement fully the recommendations made by the Special Rapporteur;

2. Urges the Government of Myanmar to cooperate fully and without further delay with the Special Rapporteur and 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, thus enabling him fully to discharge his mandate, and, in this context, notes with interest that the Government has expressed its willingness to give serious consideration to a visit by the Special Rapporteur;

3. Welcomes 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;

4. Expresses its appreciation to the Secretary-General for his report, A/54/499. and notes with deep concern his conclusion that he is unable to report concrete progress, with the exception of the visit by the International Committee of the Red Cross, on issues that the international community has raised time and again in successive resolutions of the General Assembly and the Commission on Human Rights;

5. Deplores the continuing violations of human rights in Myanmar, including extrajudicial, summary or arbitrary executions, enforced disappearances, rape, torture, inhuman treatment, mass arrests, forced labour, including the use of children, forced relocation and denial of freedom of assembly, association, expression and movement, as reported by the Special Rapporteur;

6. Expresses its grave concern at the increased repression of any form of public political activity and the arbitrary detention and arrest of those exercising their rights to freedom of thought, expression, assembly and association, as well as the harassment of their families;

7. Strongly urges the Government of Myanmar to release immediately and unconditionally detained political leaders and all political prisoners, to ensure their physical integrity and to permit them to participate in the process of national reconciliation;

8. Expresses its grave concern at the escalation in the persecution of the democratic opposition, notably over the past year, in particular members and supporters of the National League for Democracy, at the harsh long-term prison sentences imposed and the use by the Government of intimidatory measures against elected representatives and members of the National League for Democracy, which forced them to resign from their positions and to dissolve their party offices;

9. Expresses its concern 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 new and constructive means to promote national reconciliation;

10. Strongly urges the Government of Myanmar, taking into account the assurances it has given on various occasions, to take all necessary steps towards the restoration of democracy in accordance with the will of the people as expressed in the democratic elections held in 1990 and, to this end and without delay, to engage in a substantive political dialogue with political leaders, including Aung San Suu Kyi, and representatives of ethnic groups, and, in this context, notes the existence of the Committee representing the People's Parliament;

11. Notes with grave concern that the Government of Myanmar has failed to review its legislation, to cease to inflict the practice of forced labour on its people and to punish those exacting forced labour, which has forced the International Labour Conference 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 the Forced Labour Convention, 1930, Convention No. 29, of the International Labour Organization;

12. Strongly urges the Government of Myanmar to cease the widespread and systematic use of forced 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;

13. Deplores the continued violations of human rights, in particular those directed against persons belonging to ethnic and religious minorities, including summary executions, rape, torture, forced labour, forced portering, forced relocations, destruction of crops and fields and dispossession of land and property, which deprives those persons of all means of subsistence;

14. Also deplores the continuing violations of the human rights of women, especially women who are refugees, are internally displaced or belong to ethnic minorities or the political opposition, in particular forced labour, sexual violence and exploitation, including rape, as reported by the Special Rapporteur;

15. Strongly urges the Government of Myanmar to ensure full respect for all human rights and fundamental freedoms, including economic and social rights, to fulfil its obligation to end the 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;

16. Urges the Government of Myanmar 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 conditions of safety and dignity;

17. Notes with interest the recent visit to Myanmar by the Special Envoy of the Secretary-General 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, 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;

18. Requests the Secretary-General to continue his discussions on the situation of human rights and the restoration of democracy with the Government of Myanmar, to submit additional reports to the General Assembly during its fifty-fourth session on the progress of those discussions and to report to the Assembly at its fifty-fifth session and to the Commission on Human Rights at its fifty-sixth session on the progress made in the implementation of the present resolution;

19. Decides to continue its consideration of this question at its fifty-fifth session.

83rd plenary meeting
17 December 1999

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1998

UNITED NATIONS

GENERAL ASSEMBLY

Distr.
GENERAL

A/RES/53/162
25 February 1999

Situation of human rights in Myanmar

General Assembly Resolution 53/162

The General Assembly,

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 elaborated in the Universal Declaration of Human Rights,Resolution 217 A (III). the International Covenants on Human RightsResolution 2200 A (XXI), annex. 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,

Recalling its resolution 52/137 of 12 December 1997,

Recalling also Commission on Human Rights resolution 1992/58 of 3 March 1992,See Official Records of the Economic and Social Council, 1992, Supplement No. 2 (E/1992/22), chap. II, sect. A. in which the Commission, inter alia, decided to nominate a special rapporteur with a given mandate, and taking note of Commission resolution 1998/63 of 21 April 1998,Ibid., 1998, Supplement No. 3 (E/1998/23), chap. II, sect. A. in which the Commission decided to extend for one year the mandate of its Special Rapporteur on the situation of human rights in Myanmar,

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,

Noting the contact between the Government of Myanmar and the National League for Democracy, but regretting the failure of the Government of Myanmar to engage in a substantive political dialogue with Aung San Suu Kyi and other political leaders, including representatives of ethnic groups,

Noting with concern that the Government of Myanmar has not permitted a visit by the special emissary of the Secretary-General,

Noting with deep regret the continuing failure of the Government of Myanmar to cooperate with the Special Rapporteur,

Gravely concerned at the continuing and consistent violations of human rights in Myanmar, as reported by the Special Rapporteur,

Noting with grave concern the content of the report of the Commission of Inquiry of the International Labour Organization,See A/53/364, annex, paras. 41–49. appointed in March 1997 in accordance with article 26 of the Constitution of the International Labour Organization, regarding the observance by Myanmar of the Forced Labour Convention, 1930 (No. 29), which indicates a widespread and systematic use of forced labour imposed by the military on the civilian population,

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,

1. Expresses its appreciation to the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar for his interim report;A/53/364, annex.

2. Urges the Government of Myanmar to cooperate fully with all United Nations authorities and bodies, in particular and without further delay with the Special Rapporteur, and to ensure his access to Myanmar, without preconditions, in order to establish direct contact with the Government and all other sectors of society to allow him to discharge his mandate fully;

3. Expresses its appreciation to the Secretary-General for his report,A/53/657. and notes with concern the observations contained therein;

4. Deplores the continuing violations of human rights in Myanmar, including extrajudicial and arbitrary executions, rape, torture, inhuman treatment, mass arrests, forced labour, forced relocation and denial of freedom of expression, assembly, association and movement, as reported by the Special Rapporteur;

5. Notes with deep concern the increased restrictions on the freedom of movement and the large numbers of arbitrary detentions and harassment of political activists, including elected representatives to the Parliament, and urges the Government of Myanmar to permit unrestricted communication with and physical access to Aung San Suu Kyi and other political leaders, and to protect their physical well-being;

6. Strongly urges the Government of Myanmar to release immediately and unconditionally detained political leaders and all political prisoners, to ensure their physical integrity and to permit them to participate in the process of national reconciliation;

7. Urges the Government of Myanmar urgently to expand and intensify its contacts with the National League for Democracy with a view to engaging in a substantive political dialogue with the General Secretary of the League, Aung San Suu Kyi, and other political leaders, including representatives of ethnic and other groups, as the best means of promoting national reconciliation and the full and early restoration of democracy;

8. Strongly urges the Government of Myanmar, taking into account its assurances given at various times, to take all necessary steps towards the restoration of democracy in accordance with the will of the people as expressed in the democratic elections held in 1990 and to ensure that political parties and non-governmental organizations can function freely, and in this context notes that the National League for Democracy recently established a committee to represent the Parliament temporarily;

9. Also 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,¹ and to accelerate the process of transition to democracy, in particular through the transfer of power to democratically elected representatives;

10. Further strongly urges the Government of Myanmar to ensure full respect for human rights and fundamental freedoms, including freedom of expression, association, movement and assembly, the right to a fair trial and the protection of the rights of persons belonging to ethnic and religious minorities, 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, and to fulfil its obligations to end the 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;

11. Calls upon the Government of Myanmar to implement fully the recommendations made by the Special Rapporteur;

12. Welcomes the accession by the Government of Myanmar to the Convention on the Elimination of All Forms of Discrimination against Women, Resolution 34/180. and appeals to the Government of Myanmar to consider becoming a party to the International Covenant on Civil and Political Rights,² the International Covenant on Economic, Social and Cultural Rights² and the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment Resolution 39/46, annex. and the International Convention on the Elimination of All Forms of Racial Discrimination;Resolution 2106 A (XX), annex.

13. Strongly urges the Government of Myanmar to fulfil its obligations with regard to the Convention on the Rights of the Child,Resolution 44/25, annex. as set out in the concluding observations of the Committee on the Rights of the Child;CRC/C/15/Add.69.

14. Also strongly urges 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, and to implement the recommendations of the Commission of Inquiry of the International Labour Organization regarding the implementation of the Forced Labour Convention, and encourages further communication between the Government and the International Labour Organization;

15. Stresses the importance for the Government of Myanmar to give particular attention to improving the conditions in the country's jails and to allow the competent international humanitarian organization to communicate freely and confidentially with prisoners;

16. Calls upon the Government of Myanmar and other parties to the hostilities in Myanmar to respect fully the obligations under international humanitarian law, including article 3 common to the Geneva Conventions of 12 August 1949,United Nations, Treaty Series, vol. 75, Nos. 970–973. 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 such services as may be offered by impartial humanitarian bodies;

17. Expresses concern that the situation of human rights in Myanmar, and the lack of stability, have resulted in flows of refugees to neighbouring countries, and may have further negative effects on those countries, and therefore calls upon the Government of Myanmar to create the necessary conditions to ensure an end to the movements of refugees to neighbouring countries and to create conditions conducive to their voluntary return and their full reintegration, in conditions of safety and dignity;

18. Welcomes the recent visits to Myanmar by the Special Envoy of the Secretary-General for the purpose of discussions with the Government and with Aung San Suu Kyi and other political leaders, and encourages the Government of Myanmar to engage in a broader and more regular dialogue with the Secretary-General and to facilitate access by his representative to all sectors of society in Myanmar;

19. Requests the Secretary-General to continue his discussions on the situation of human rights and the restoration of democracy with the Government of Myanmar, and to submit additional reports to the General Assembly during its fifty-third session on the progress of those discussions, and to report to the Assembly at its fifty-fourth session and to the Commission on Human Rights at its fifty-fifth session on the progress made in the implementation of the present resolution;

20. Decides to continue its consideration of this question at its fifty-fourth session.

85th plenary meeting
9 December 1998

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1997

UNITED NATIONS

GENERAL ASSEMBLY

Distr.
GENERAL

A/RES/52/137
3 March 1998

Fifty-second session
Agenda item 112 (c)

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

[on the report of the Third Committee (A/52/644/Add.3)]

52/137. Situation of human rights in Myanmar

The General Assembly,

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 elaborated in the Universal Declaration of Human Rights, Resolution 217 A (III). the International Covenants on Human Rights Resolution 2200 A (XXI), annex. 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,

Recalling its resolution 51/117 of 12 December 1996,

Recalling also Commission on Human Rights resolution 1992/58 of 3 March 1992, See Official Records of the Economic and Social Council, 1992, Supplement No. 2 (E/1992/22), chap. II, sect. A. in which the Commission, inter alia, decided 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 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 Commission on Human Rights resolution 1997/64 of 16 April 1997, Ibid., 1997, Supplement No. 3 (E/1997/23), chap. II, sect. A. in which the Commission decided to extend for one year the mandate of its Special Rapporteur on the situation of human rights in Myanmar,

Noting with concern that the Government of Myanmar has not yet agreed to a visit by the Special Rapporteur,

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,

Gravely concerned also about the travel and other restrictions placed on Aung San Suu Kyi and other political leaders, the continued arrests and harassment of members and supporters of the National League for Democracy, trade unionists and students for peacefully exercising their right to freedom of expression, assembly and association, the forced resignations of elected representatives and the long closure of all universities and colleges following the student demonstrations in December 1996,

Recalling the withdrawal and subsequent exclusion from the National Convention of members of the National League for Democracy, late in 1995,

Welcoming the contact between the Government of Myanmar and political parties, in particular the National League for Democracy, but regretting the failure of the Government of Myanmar to engage in a substantive political dialogue with Aung San Suu Kyi and other political leaders, including representatives of ethnic groups,

Gravely concerned at the continuing violations of human rights in Myanmar, as reported by the Special Rapporteur, including extrajudicial, summary or arbitrary executions, killings of civilians, torture, arbitrary arrest and detention, deaths in custody, absence of due process of law, including trial of detainees in secrecy without proper legal representation, severe restrictions on freedom of opinion, expression, assembly and association, violations of freedom of movement, forced relocation, forced labour of children as well as adults, including portering for the military, abuse of women and children by government agents and the imposition of oppressive measures directed, in particular, at ethnic and religious minorities,

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,

Recalling also the conclusion of ceasefire agreements between the Government of Myanmar and several ethnic groups,

Noting that the human rights situation in Myanmar has resulted in flows of refugees to neighbouring countries, thus creating problems for the countries concerned,

1. Expresses its appreciation to the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar for his interim report, A/52/484, annex. and urges the Government of Myanmar to cooperate fully with the Special Rapporteur and to ensure his access to Myanmar, without preconditions, in order to allow him fully to discharge his mandate;

2. Also expresses its appreciation to the Secretary-General for his report; A/52/587.

3. Deplores the continuing violations of human rights in Myanmar;

4. Notes that Nobel Peace Prize Laureate Aung San Suu Kyi was allowed to travel to the Thaketa township office of the National League for Democracy to peacefully conduct normal political activities on 21 October 1997, but was subsequently prevented from attending party meetings of the League, on 5 November 1997 in Tamwe township and on 13 November 1997 in Hlaing township, and requests the Government of Myanmar to permit unrestricted communication with and physical access to Aung San Suu Kyi and other political leaders by members and supporters of the League and to protect their physical well-being;

5. Strongly urges the Government of Myanmar to release, immediately and unconditionally, detained political leaders and all political prisoners, to ensure their physical integrity and to permit them to participate in the process of national reconciliation;

6. Urges the Government of Myanmar to pursue its contacts with the National League for Democracy with a view to engaging, at the earliest possible date, in a substantive political dialogue with the General Secretary of the League, Aung San Suu Kyi, and other political leaders, including representatives of ethnic groups, as the best means of promoting national reconciliation and the full and early restoration of democracy;

7. Welcomes the visits to Myanmar in the first half of 1997 by the Envoy of the Secretary-General and the Director of the East Asia and the Pacific Division of the Department of Political Affairs of the Secretariat for the purpose of discussions with the Government and with Aung San Suu Kyi and other political leaders, and encourages the Government of Myanmar to broaden its dialogue with the Secretary-General and to facilitate access by his representatives to the political leaders in Myanmar;

8. Again urges the Government of Myanmar, in conformity with its assurances given at various times, to take all necessary steps towards the restoration of democracy in accordance with the will of the people, as expressed in the democratic elections held in 1990, and to ensure that political parties and non-governmental organizations can function freely;

9. Welcomes the holding of the Ninth Anniversary Conference of the National League for Democracy on 27 and 28 September 1997;
10. Expresses its concern 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 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 step towards the restoration of democracy;

11. 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 democratically elected representatives;

12. Also strongly urges the Government of Myanmar to ensure full respect for human rights and fundamental freedoms, including freedom of expression and assembly, the right to a fair trial and the protection of the rights of persons belonging to ethnic and religious minorities, 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, to fulfil its obligation to end the 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;

13. Calls upon the Government of Myanmar to implement fully the recommendations made by the Special Rapporteur;

14. Welcomes the accession by the Government of Myanmar, on 22 July 1997, to the Convention on the Elimination of All Forms of Discrimination against Women; Resolution 34/180, annex.

15. Appeals to the Government of Myanmar to consider becoming a party to the International Covenant on Civil and Political Rights,² the International Covenant on Economic, Social and Cultural Rights² and the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment; Resolution 39/46, annex.

16. Strongly urges the Government of Myanmar to fulfil its obligations with regard to the Convention on the Rights of the Child, Resolution 44/25, annex. as set out in the concluding comments of the Committee on the Rights of the Child in its report on its fourteenth session; CRC/C/62, paras. 135-182.

17. Also strongly urges 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, and encourages the Government of Myanmar 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;

18. Stresses the importance for the Government of Myanmar to give particular attention to improving the conditions in the country's jails and to allow the competent international humanitarian organization to communicate freely and confidentially with prisoners;

19. Calls upon the Government of Myanmar and other parties to the hostilities in Myanmar to respect fully the obligations under international humanitarian law, including article 3 common to the Geneva Conventions of 12 August 1949, United Nations, Treaty Series, vol. 75, Nos. 970-973. 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 itself of such services as may be offered by impartial humanitarian bodies;

20. Encourages the Government of Myanmar to create the necessary conditions to ensure an end to the movements of refugees to neighbouring countries and to create conditions conducive to their voluntary return and their full reintegration, in conditions of safety and dignity;

21. Requests the Secretary-General to continue his discussions with the Government of Myanmar in order to assist in the implementation of the present resolution and to report to the General Assembly at its fifty-third session and to the Commission on Human Rights at its fifty-fourth session;

22. Decides to continue its consideration of this question at its fifty-third session.

70th plenary meeting
12 December 1997

ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ

1996

UNITED NATIONS

GENERAL ASSEMBLY

Distr.
GENERAL

A/RES/51/117
6 March 1997

Fifty-first session
Agenda item 110 (c)

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

[on the report of the Third Committee (A/51/619/Add.3 and Corr.1)]

51/117. Situation of human rights in Myanmar

The General Assembly,

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 elaborated in the Universal Declaration of Human Rights,Resolution 217 A (III).the International Covenants on Human RightsResolution 2200 A (XXI), annex.and other applicable human rights instruments,

Aware that, in accordance with the Charter, the Organization 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,

Recalling its resolution 50/194 of 22 December 1995,

Recalling also Commission on Human Rights resolution 1992/58 of 3 March 1992,See Official Records of the Economic and Social Council, 1992, Supplement No. 2 (E/1992/22), chap. II, sect. A.in which the Commission, inter alia, decided 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 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 Commission on Human Rights resolution 1996/80 of 23 April 1996,Ibid., 1996, Supplement No. 3 (E/1996/23), chap. II, sect. A.in which the Commission decided to extend for one year the mandate of its Special Rapporteur on the situation of human rights in Myanmar,

Noting with concern that the Government of Myanmar has not yet agreed to visits by a representative of the Secretary-General and by the Special Rapporteur,

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 release without conditions of Nobel Peace Prize Laureate Aung San Suu Kyi on 10 July 1995,

Gravely concerned at the travel and other restrictions placed on Aung San Suu Kyi and other political leaders and at the recent mass arrests of members and supporters of the National League for Democracy for peacefully exercising their right to freedom of expression, assembly and association, and alarmed by the attack, on 9 November 1996, on Aung San Suu Kyi and other members of the National League for Democracy,

Recalling the withdrawal and subsequent exclusion from the National Convention of members of the National League for Democracy in late 1995,

Regretting the failure of the Government of Myanmar to open a political dialogue with Aung San Suu Kyi and other political leaders, including representatives of ethnic groups,

Gravely concerned at the continued violations of human rights in Myanmar, as reported by the Special Rapporteur, including extrajudicial, summary or arbitrary executions, killings of civilians, torture, arbitrary arrest and detention, deaths in custody, absence of due process of law, severe restrictions on freedoms of opinion, expression, assembly and association, violations of freedom of movement, forced relocation, forced labour and portering and the imposition of oppressive measures directed in particular at ethnic and religious minorities,

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,

Recalling also the conclusion of ceasefire agreements between the Government of Myanmar and several ethnic groups,

Noting that the human rights situation in Myanmar has resulted in flows of refugees to neighbouring countries, thus creating problems for the countries concerned,

1. Expresses its appreciation to the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar for his interim report,See A/51/466.and urges the Government of Myanmar to cooperate fully with the Special Rapporteur;

2. Also expresses its appreciation to the Secretary-General for his report;A/51/660.

3. Deplores the continued violations of human rights in Myanmar;

4. Requests the Government of Myanmar to permit unrestricted communication with and physical access to Nobel Peace Prize Laureate Aung San Suu Kyi and other political leaders by members and supporters of the National League for Democracy and to protect their physical well-being;

5. Strongly urges the Government of Myanmar to release immediately and unconditionally detained political leaders and all political prisoners, to ensure their physical integrity and to permit them to participate in the process of national reconciliation;

6. Urges the Government of Myanmar to engage, at the earliest possible date, in a substantive political dialogue with Aung San Suu Kyi and other political leaders, including representatives of ethnic groups, as the best means of promoting national reconciliation and the full and early restoration of democracy;

7. Welcomes the discussions between the Government of Myanmar and the Secretary-General, and further encourages the Government of Myanmar to allow a visit by the representative of the Secretary-General, as soon as possible, in order to allow for a broader dialogue in Myanmar;

8. Again urges the Government of Myanmar, in conformity with its assurances given at various times, to take all necessary steps towards the restoration of democracy in accordance with the will of the people as expressed in the democratic elections held in 1990 and to ensure that political parties and non-governmental organizations can function freely;

9. Expresses its concern 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 Convention is to maintain the participation of the armed forces in a leading role in the future political life of the State, and notes also with concern that the working procedures of the National Convention do not permit the elected representatives of the people freely to express their views;

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 democratically elected representatives;

11. Also strongly urges the Government of Myanmar to ensure full respect for human rights and fundamental freedoms, including freedom of expression and assembly, the right to fair trial 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;

12. Appeals to the Government of Myanmar to consider becoming a party to the International Covenant on Civil and Political Rights,² the International Covenant on Economic, Social and Cultural Rights² and the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment;Resolution 39/46, annex.

13. Strongly urges the Government of Myanmar 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 encourages the Government of Myanmar to cooperate more closely with the International Labour Organization;

14. Stresses the importance for the Government of Myanmar to give particular attention to conditions in the country's jails and to allow the International Committee of the Red Cross to communicate freely and confidentially with prisoners;

15. Calls upon the Government of Myanmar and other parties to the hostilities in Myanmar to respect fully the obligations under international humanitarian law, including article 3 common to the Geneva Conventions of 12 August 1949,United Nations, Treaty Series, vol. 75, Nos. 970-973.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 itself of such services as may be offered by impartial humanitarian bodies;

16. Encourages the Government of Myanmar to create the necessary conditions to ensure an end to the movements of refugees to neighbouring countries and to create conditions conducive to their voluntary return and their full reintegration, in conditions of safety and dignity;

17. Requests the Secretary-General to continue his discussions with the Government of Myanmar in order to assist in the implementation of the present resolution and its efforts for national reconciliation and to report to the General Assembly at its fifty-second session and to the Commission on Human Rights at its fifty-third session;

18. Decides to continue its consideration of this question at its fifty-second session.

82nd plenary meeting
12 December 1996

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1995

UNITED NATIONS

GENERAL ASSEMBLY

Distr.
GENERAL

A/RES/50/194
11 March 1996

Fiftieth session
Agenda item 112 (c)

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

[on the report of the Third Committee (A/50/635/Add.3)]

50/194. Situation of human rights in Myanmar

The General Assembly,

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 elaborated in the Universal Declaration of Human Rights, / Resolution 217 A (III)./ the International Covenants on Human Rights / Resolution 2200 A (XXI), annex./ and other applicable human rights instruments,

Aware that, in accordance with the Charter, the Organization 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,

Recalling its resolution 49/197 of 23 December 1994,

Recalling also Commission on Human Rights resolution 1992/58 of 3 March 1992, / See Official Records of the Economic and Social Council, 1992, Supplement N^o. 2 (E/1992/22), chap. II, sect. A./ in which the Commission, inter alia, decided 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 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 Commission on Human Rights resolution 1995/72 of 8 March 1995, / Ibid., 1995, Supplement N^o. 3 and corrigenda (E/1995/23 and Corr.1 and 2), chap. II, sect. A./ in which the Commission decided to extend for one year the mandate of the Special Rapporteur on the situation of human rights in Myanmar,

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,

Noting the recent developments regarding the composition of the National Convention,

Welcoming the release without conditions, on 10 July 1995, of Nobel Peace Prize Laureate Aung San Suu Kyi and a number of other political prisoners, as called for by the General Assembly,

Also gravely concerned, however, at the continued violations of human rights in Myanmar, as reported by the Special Rapporteur, including killings of civilians, arbitrary arrest and detention, restrictions on freedom of expression and association, torture, forced labour, forced portering, human rights abuses in border areas in the course of military operations, forced relocations and development projects, abuse of women and the imposition of oppressive measures directed in particular at ethnic and religious minorities,

Welcoming the continuing cooperation between the Government of Myanmar and the Office of the United Nations High Commissioner for Refugees on the voluntary repatriation of refugees from Bangladesh to Myanmar,

Noting, however, that the human rights situation in Myanmar has resulted in flows of refugees to neighbouring countries, thus creating problems for the countries concerned,

1. Expresses its appreciation to the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar for his interim report; / See A/50/568./

2. Also expresses its appreciation to the Secretary-General for his report; / A/50/782./

3. Deplores the continued violations of human rights in Myanmar;

4. Welcomes the release without conditions of Nobel Peace Prize Laureate Aung San Suu Kyi and other prominent political leaders;

5. Strongly urges the Government of Myanmar to release immediately and unconditionally detained political leaders and all political prisoners, to ensure their physical integrity and to permit them to participate in the process of national reconciliation;

6. Urges the Government of Myanmar to engage, at the earliest possible date, in a substantive political dialogue with Aung San Suu Kyi and other political leaders, including representatives of ethnic groups, as the best means of promoting national reconciliation and the full and early restoration of democracy;

7. Welcomes the discussions between the Government of Myanmar and the Secretary-General, and further encourages the Government of Myanmar to cooperate fully with the Secretary-General;

8. Again urges the Government of Myanmar, in conformity with its assurances given at various times, to take all necessary steps towards the restoration of democracy in accordance with the will of the people as expressed in the democratic elections held in 1990 and to ensure that political parties can function freely;

9. Expresses its concern 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 its objectives is to maintain the participation of the armed forces in a leading role in the future political life of the State, and notes with concern that the working procedures of the National Convention do not permit the elected representatives of the people freely to express their views;

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 democratically elected representatives;

11. Also strongly urges the Government of Myanmar to ensure full respect for human rights and fundamental freedoms, including freedom of expression and assembly, 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;

12. Appeals to the Government of Myanmar to consider becoming a party to the International Covenant on Civil and Political Rights, / See resolution 2200 A (XXI), annex./ the International Covenant on Economic, Social and Cultural Rights 7/ and the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment; / Resolution 39/46, annex./

13. Urges the Government of Myanmar 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;

14. Stresses the importance for the Government of Myanmar to give particular attention to conditions in the country's jails and to allow the International Committee of the Red Cross to communicate freely and confidentially with prisoners;

15. Calls upon the Government of Myanmar to respect fully the obligations of the Geneva Conventions of 12 August 1949, / United Nations, Treaty Series, vol. 75, N^os. 970-973./ and to make use of such services as may be offered by impartial humanitarian bodies;

16. Expresses its grave concern at the attacks by Myanmar army soldiers on the Karens and the Karennis during the past year, resulting in further refugee flows to a neighbouring country;

17. Welcomes the cessation of hostilities following the conclusion of cease-fire agreements between the Government of Myanmar and several ethnic groups;

18. Encourages the Government of Myanmar to create the necessary conditions to ensure an end to the movements of refugees to neighbouring countries and to create conditions conducive to their voluntary return and their full reintegration, in conditions of safety and dignity;

19. Requests the Secretary-General to continue his discussions with the Government of Myanmar in order to assist in its efforts for national reconciliation and in the implementation of the present resolution and to report to the General Assembly at its fifty-first session and to the Commission on Human Rights at its fifty-second session;

20. Decides to continue its consideration of this question at its fifty-first session.

99th plenary meeting
22 December 1995

ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ

1994

UNITED NATIONS

GENERAL ASSEMBLY

Distr.
GENERAL

A/RES/49/197
9 March 1995

Situation of human rights in Myanmar

General Assembly resolution 1994/197

The General Assembly,

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 elaborated in the Universal Declaration of Human Rights, Resolution 217 A (III). the International Covenants on Human Rights, Resolution 2200 A (XXI), annex, and other applicable human rights instruments,

Aware that, in accordance with the Charter, the Organization 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",

Recalling its resolution 48/150 of 20 December 1993,

Recalling also Commission on Human Rights resolution 1992/58 of 3 March 1992, See Official Records of the Economic and Social Council, 1992, Supplement No. 2 (E/1992/22), chap. II, sect. A, in which the Commission, inter alia, decided 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 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 Commission on Human Rights resolution 1994/85 of 9 March 1994, Ibid., 1994, Supplement No. 4 and corrigendum (E/1994/24 and Corr.1), chap. II, sect. A, in which the Commission decided to extend for one year the mandate of the Special Rapporteur,

Gravely concerned that the Government of Myanmar still has not implemented its commitments to take all necessary steps towards democracy in the light of the results of the elections held in 1990,

Gravely concerned also at the continued violations of human rights in Myanmar, as reported by the Special Rapporteur, in particular summary and arbitrary executions, torture, forced labour and forced relocations, abuse of women, politically motivated arrests and detentions, restrictions on fundamental freedoms, including the freedom of expression and assembly, and the imposition of oppressive measures directed in particular at ethnic and religious minorities,

Noting that the human rights situation in Myanmar has consequently resulted in flows of refugees to neighbouring countries, thus creating problems for the countries concerned,

Noting also the measures taken by the Government of Myanmar, including its accession to the Geneva Conventions of 12 August 1949, United Nations, Treaty Series, vol. 75, Nos. 970-973, for the protection of victims of war, the conclusion of cease-fire agreements with several groups of ethnic and religious minorities in Myanmar, the withdrawal of its reservations to the Convention on the Rights of the Child, Resolution 44/25, annex, and the release of a number of political prisoners in response to the concerns expressed by the international community, including the General Assembly and the Commission on Human Rights,

Welcoming the cooperation between the Government of Myanmar and the Office of the United Nations High Commissioner for Refugees on the voluntary repatriation of refugees from Bangladesh to Myanmar,

1. Expresses its appreciation to the Special Rapporteur of the Commission on Human Rights for his interim report; A/49/594 and Add.1, annex;

2. Also expresses its appreciation to the Secretary-General for his report; A/49/716;

3. Deplores the continued violations of human rights in Myanmar;

4. Repeats its call on the Government of Myanmar to release unconditionally and immediately the Nobel Peace Prize Laureate Aung San Suu Kyi, who is now in her sixth year of detention without trial, and other political leaders and remaining political prisoners;

5. Welcomes the recent meetings between the Government of Myanmar and Nobel Peace Prize Laureate Aung San Suu Kyi, and encourages the Government of Myanmar to engage in a substantive political dialogue with Aung San Suu Kyi and other political leaders, including representatives from ethnic groups, as the best means of promoting national reconciliation and the full and early restoration of democracy;

6. Also welcomes the recent discussions between the Government of Myanmar and the Secretary-General, and further encourages the Government of Myanmar to continue to cooperate fully with the Secretary-General;

7. Again urges the Government of Myanmar, in conformity with its assurances given at various times, to take all necessary steps towards the restoration of democracy in accordance with the will of the people as expressed in the democratic elections held in 1990 and to ensure that political parties can function freely;

8. Notes with concern 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 its objectives is to maintain the participation of the armed forces in a leading role in the future political life of the State, and notes also that there is as yet no process or timetable for concluding the National Convention;

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 democratically elected representatives;

10. Urges the Government of Myanmar to ensure full respect for human rights and fundamental freedoms, including freedom of expression and assembly, 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;

11. Appeals to the Government of Myanmar to consider becoming a party to the International Covenant on Civil and Political Rights, Resolution 2200 A (XXI), annex, and the International Covenant on Economic, Social and Cultural Rights, Ibid, and to the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment; Resolution 39/46, annex.

12. Urges the Government of Myanmar 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;

13. Stresses the importance for the Government of Myanmar to give particular attention to conditions in the country's jails and to allow the International Committee of the Red Cross to communicate freely and confidentially with prisoners;

14. Regrets the recent harsh sentences meted out to a number of dissidents, including persons voicing dissent with regard to the procedures of the National Convention and persons sentenced, inter alia, for seeking to communicate with the Special Rapporteur;

15. Also regrets that, while a certain number of political prisoners have been released, many political leaders are still deprived of their freedom and their fundamental rights;

16. Calls upon the Government of Myanmar to respect fully the obligations of the Geneva Conventions of 12 August 1949, United Nations, Treaty Series, vol. 75, Nos. 970-973, in particular the obligations in article 3 common to the Conventions, and to make use of such services as may be offered by impartial humanitarian bodies;

17. Expresses its concern at the attack by Myanmar army soldiers on the civilian refugee camp at Halockhani on 21 July 1994;

18. Encourages the Government of Myanmar to create the necessary conditions to ensure an end to the flows of refugees to neighbouring countries and to facilitate their speedy repatriation and their full reintegration, in conditions of safety and dignity;

19. Requests the Secretary-General to continue his discussions with the Government of Myanmar in order to assist in the implementation of the present resolution and in its efforts to achieve national reconciliation, and to report to the General Assembly at its fiftieth session and to the Commission on Human Rights at its fifty-first session;

20. Decides to continue its consideration of this question at its fiftieth session.

94th plenary meeting
23 December 1994

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1993

UNITED NATIONS

GENERAL ASSEMBLY

Distr.
GENERAL
A/RES/48/150
31 January 1994

Situation of human rights in Myanmar

General Assembly resolution 48/150 of 20 December 1993

The General Assembly,

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 elaborated in the Universal Declaration of Human Rights, 1/ the International Covenants on Human Rights 2/ and other applicable human rights instruments,

Aware that, in accordance with the Charter, the Organization 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",

Recalling its resolution 47/144 of 18 December 1992,

Recalling also Commission on Human Rights resolution 1992/58 of 3 March 1992, 3/ in which the Commission, inter alia, decided 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 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 Commission on Human Rights resolution 1993/73 of 10 March 1993, 4/ in which the Commission decided to extend for one year the mandate of the Special Rapporteur,

Gravely concerned that the Government of Myanmar still has not implemented its commitments to take all necessary steps towards democracy in the light of the results of the elections held in 1990,

Gravely concerned also at the continued violations of human rights in Myanmar, as reported by the Special Rapporteur, in particular summary and arbitrary executions, torture, forced labour, abuse of women, restrictions on fundamental freedoms, including the freedom of expression and assembly, and the imposition of oppressive measures directed in particular at ethnic and religious minorities,

Noting that the human rights situation in Myanmar has consequently resulted in flows of refugees to neighbouring countries, thus creating problems for the countries concerned,

Noting the measures taken by the Government of Myanmar, including its accession to the Geneva Conventions of 12 August 1949 5/ for the protection of victims of war, and the release of a number of political prisoners in response to the concerns expressed by the international community, including the General Assembly and the Commission on Human Rights,

Welcoming the signing of the Memorandum of Understanding between the Government of Myanmar and the Office of the United Nations High Commissioner for Refugees on 5 November 1993 on the voluntary repatriation of refugees from Bangladesh to Myanmar,

Noting the cease-fire that has been reached between the Government of Myanmar and several groups of ethnic and religious minorities in Myanmar,

1. Expresses its appreciation to the Special Rapporteur of the Commission on Human Rights for his interim report 6/ and the conclusions and recommendations contained therein;

2. Deplores the continued violations of human rights in Myanmar;

3. Again urges the Government of Myanmar, in conformity with its assurances given at various times, to take all necessary steps towards the

restoration of democracy in accordance with the will of the people as expressed in the democratic elections held in 1990, and to ensure that political parties can function freely;

4. Notes with concern the observation of the Special Rapporteur, with regard to the National Convention, that no evident progress has been made towards turning over power to a freely elected civilian Government; 7/

5. Also notes with concern in this respect that most of the representatives duly elected in 1990 have been 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;

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;

7. Urges the Government of Myanmar to ensure full respect for human rights and fundamental freedoms, including freedom of expression and assembly, 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 and forced labour and to enforced disappearances and summary executions;

8. Appeals to the Government of Myanmar to consider becoming a party to the International Covenant on Civil and Political Rights 2/ and the International Covenant on Economic, Social and Cultural Rights 2/ and to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; 8/

9. Stresses the importance of free and confidential access to prisoners by international humanitarian agencies;

10. 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;

11. 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;

12. Strongly urges the Government of Myanmar to release unconditionally and immediately the Nobel Peace Prize Laureate Aung San Suu Kyi, who is now in her fifth year of detention without trial, and other political leaders and remaining political prisoners;

13. Calls upon the Government of Myanmar to respect fully the obligations of the Geneva Conventions of 12 August 1949, in particular the obligations in article 3 common to the Conventions, and to make use of such services as may be offered by impartial humanitarian bodies;

14. Encourages the Government of Myanmar fully to implement the Memorandum of Understanding between the Government of Myanmar and the Office of the United Nations High Commissioner for Refugees of 5 November 1993 and to create the necessary conditions to ensure an end to the flows of refugees to neighbouring countries and to facilitate their speedy repatriation and their full reintegration, in conditions of safety and dignity;

15. Requests the Secretary-General to assist in the implementation of the present resolution and to report to the General Assembly at its forty-ninth session;

16. . Decides to continue its consideration of this question at its forty-ninth session.

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1/ Resolution 217 A (III).

2/ Resolution 2200 A (XXI), annex.

3/ See Official Records of the Economic and Social Council, 1992, Supplement No. 2 (E/1992/22), chap. II, sect. A.

4/ Ibid., 1993, Supplement No. 3 (E/1993/23), chap. II, sect. A.

5/ United Nations, Treaty Series, vol. 75, Nos. 970-973.

6/ A/48/578, annex.

7/ Ibid., sect. V, para. 49.

8/ Resolution 39/46, annex.

20 December 1993

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1992


UNITED NATIONS GENERAL ASSEMBLY		A/RES/47/144
Distr. GENERAL 18 December 1992 ORIGINAL: ENGLISH
A/RES/47/144 92nd plenary meeting 18 December 1992 Situation in Myanmar Situation in Myanmar The General Assembly, Recalling its resolution 46/132 of 17 December 1991, 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 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 Organization promotes and encourages respect for human rights and fundamental freedoms for all and that article 21, paragraph 3, of the Universal Declaration of Human Rights states that "the will of the people shall be the basis of the authority of government", Taking note of Commission on Human Rights resolution 1992/58 of 3 March 1992, in which the Commission, inter alia, decided 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 at its forty-ninth session, Noting the measures taken by the Government of Myanmar, including its accession to the Geneva Conventions of 12 August 1949 for the protection of victims of war, the release of a number of political prisoners, the lifting of the curfew, the revocation of certain martial laws and the reopening of the universities, in response to the concerns expressed by the international community, including the General Assembly and the Commission on Human Rights, Gravely concerned that the Government of Myanmar still has not implemented its commitments to take all necessary steps towards democracy in the light of the results of the elections held in 1990, Gravely concerned also at the continued seriousness of the situation of human rights in Myanmar, including reports of torture and arbitrary execution, continued detention of a large number of persons for political reasons, the existence of important restrictions on the exercise of fundamental freedoms and the imposition of oppressive measures directed in particular at ethnic and religious minorities, Noting that the human rights situation in Myanmar has consequently resulted in massive flows of refugees to neighbouring countries, Deeply concerned at the continuing problem of large numbers of refugees from Myanmar in neighbouring countries, including the almost 265,000 Myanmar Rohingya refugees in Bangladesh, 1. Expresses its appreciation to the Special Rapporteur of the Commission on Human Rights for his preliminary report and the recommendations contained therein; 2. Calls upon the Government of Myanmar to extend its full and unreserved cooperation to the Special Rapporteur and to ensure that he has free access to any person in Myanmar whom he deems it appropriate to meet for the conduct of his mandate; 3. Expresses its grave concern about the continued seriousness of the human rights situation in Myanmar; 4. Urges the Government of Myanmar to take all necessary steps towards the restoration of democracy, fully respecting the will of the people as expressed in the democratic elections held in 1990; 5. Also 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 the transfer of power to the democratically elected representatives; 6. Further urges the Government of Myanmar to ensure full respect for human rights and fundamental freedoms and the protection of the rights of persons belonging to ethnic and religious minorities; 7. Notes the release of a number of political leaders from detention; 8. Deeply regrets, however, that many political leaders are still deprived of their freedom and their fundamental rights; 9. Calls upon the Government of Myanmar to release unconditionally the Nobel Peace Laureate Aung San Suu Kyi, who is now in her fourth year of detention without trial, and other political leaders and remaining political prisoners; 10. Also calls upon the Government of Myanmar to respect fully the obligations under the Geneva Conventions of 12 August 1949, in particular the obligations under article 3 common to the Conventions and to make use of such services as may be offered by impartial humanitarian bodies; 11. Requests the Government of Myanmar to invite the presence of the International Committee of the Red Cross in Myanmar in order for it to carry out its humanitarian tasks; 12. Calls upon the Government of Myanmar to create the necessary conditions to ensure an end to the flows of refugees to neighbouring countries and to facilitate their speedy repatriation and to cooperate fully with the relevant United Nations organs on this matter; 13. Decides to continue its consideration of this question at its forty-eighth session.

18 December 1992

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1991 UNITED NATIONS GENERAL ASSEMBLY		A/RES/46/132
Distr. GENERAL 17 December 1991 ORIGINAL: ENGLISH A/RES/46/132 75th plenary meeting 17 December 1991
Situation in Myanmar The General Assembly, 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 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 Organization 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", Recalling that the Government of Myanmar has assured the General Assembly and other United Nations bodies of its intention to take all necessary steps towards democracy in the light of the elections held in 1990, Noting with concern substantive available information indicating a grave human rights situation in Myanmar, Welcoming the statement by the Secretary-General on the award of the Nobel Peace Prize to Aung San Suu Kyi and his repeated appeals for her early release from house arrest, 1. Notes the assurances of the Government of Myanmar to take firm steps towards the establishment of a democratic State and looks forward to the early implementation of this commitment; 2. Expresses its concern at the information on the grave human rights situation and stresses the need for an early improvement of this situation; 3. Urges the Government of Myanmar to allow all citizens to participate freely in the political process in accordance with the principles of the Universal Declaration of Human Rights; 4. Decides to continue its consideration of this question at its forty-seventh session.

17 December 1991

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[1] See Official Records of the Economic and Social Council, 2004, Supplement No. 3 (E/2004/23), chap. II, sect. A.

Distr. GENERAL 18 December 1992 ORIGINAL: ENGLISH

Distr. GENERAL
18 December 1992
ORIGINAL: ENGLISH