From David Arnott <darnott@iprolink.ch>
[Transmitted by Burma Peace Foundation]
REPORT OF THE SPECIAL RAPPORTEUR ON MYANMAR
PART 1 OF 2 (FOR INTERNET DISTRIBUTION)
***************************************************
United Nations
GENERAL
ASSEMBLY
A/53/364
Distr.: General
10 September 1998
Original: English
Fifty-third session
Item 113 (c) of the provisional agenda*
Human rights questions: human rights situations and reports of
special rapporteurs and representatives
Situation of human rights in Myanmar
Note by the Secretary-General
The Secretary-General has the honour to transmit to the members
of the General Assembly the interim report on the situation of
human rights in Myanmar, prepared by Rajsoomer Lallah, Special
Rapporteur of the Commission on Human Rights, in accordance with
Economic and Social Council decision 1998/261 of 30 July 1998.
__________
*A/53/150
Annex
Interim report on the situation of human rights in Myanmar
prepared by the Special Rapporteur of the Commission on Human
Rights in accordance with Economic and Social Council decision
1998/261 of 30 July 1998
Contents
Paragraphs Page**
I.
Introduction..................................1-3
3
II. Methods of
work...............................4-5 3
III. The exercise of civil and political
rights....6-32 4
A. The impact of Myanmar law on human
rights..6-9 4
B. Rights pertaining to democratic
governance.10-26 4
C. Death in
custody...........................27-32 8
IV. Forced
labour.................................33-49 10
V.
Minorities....................................50-54 11
VI. Conclusions and
recommendations...............55-63 12
A. Conclusions...................................55
59 12
B.
Recommendations...............................60-63 13
[these page numbers refer to the original printed version]
I. Introduction
II. Methods of work
4. With a view to establishing direct
contact with the Government and people of Myanmar, as requested
by both the General Assembly and the Commission, the Special
Rapporteur has written on several occasions to the Government of
Myanmar seeking its cooperation and requesting its authorization
to visit the country. The Government has on more than one
occasion indicated that such a visit would be possible at an
appropriate time, but so far no authorization has been
forthcoming. In the absence of cooperation on the part of the
Government, the Special Rapporteur has continued to rely on
information from governmental, intergovernmental and
non-governmental sources. He has also received several
well-documented information from individuals connected in one way
or another with the situation in Myanmar. He has further received
several well-documented reports describing the situation in
Myanmar, particularly in relation to the matters over which the
General Assembly and the Commission on Human Rights have
expressed serious concern. No less importantly, he has had direct
contact with displaced persons along the Thailand/Myanmar border
who have fled Myanmar and from whom he continues to receive
information.
5. The present interim report is based upon information
received by the Special Rapporteur up to 30 August 1998 and is to
be read in conjunction with the Special Rapporteur's last report
to the Commission on Human Rights (E/CN.4/1998/63).
III. The exercise of civil and political
rights
A. The impact of Myanmar law on human
rights
6. The Special Rapporteur has already commented on how, in
Myanmar, several laws criminalize or adversely affect freedom of
thought, information, expression, association and assembly
through fear of arrest, imprisonment and other sanctions. The
most commonly employed laws banning the enjoyment of civil and
political rights and suppressing dissent against the regime have
been the 1923 Official Secrets Act, the 1950 Emergency Provisions
Act, the 1957 Unlawful Associations Act, the 1962 Printers' and
Publishers' Registration Law, the 1975 State Protection Law (Law
to Safeguard the State Against the Dangers of Destructive
Elements) and Law No. 5/96 Protecting the Stable, Peaceful and
Systematic Transfer of State Responsibility and the Successful
Implementation of National Convention Tasks Free from Disruption
and Opposition.
7. The 1950 Emergency Provisions Act allows the
imprisonment for up to seven years of any person who either
infringes upon the integrity, health, conduct and respect of
State military organizations and government employees, spreads
false news
about the Government or disrupts the morality or behaviour of a
group of people.
8. The 1975 Law to Safeguard the State Against the Dangers
of Destructive Elements is also used by the regime to carry out
indiscriminate and arbitrary arrests and detention of political
opponents. Under this law, the Council of Ministers is authorized
to pass an order, as may be necessary, restricting any
fundamental right of a person if there are reasons to believe
that any citizen has committed or is committing or is about to
commit any act which infringes the sovereignty and security of
the State or public peace and tranquillity. The same Law further
provides for the detention to continue for a period not exceeding
one year at a time up to a total of five years.
9. Further, numerous Executive Orders, criminalizing many
aspects of normal civilian conduct, prescribing grossly
disproportionate penalties and authorizing arrest and detention
without judicial review, lead to the conclusion that a
significant number of all arrests and detentions are arbitrary
when measured by international standards. The examples below
demonstrate the circumstances in which those laws continue to be
used:
(a) In March 1998, the student
leader Aung Tun, 30 years old, a Central Executive Committee
member of the All Burma Federation of Students Unions, was
sentenced to 15 years imprisonment for writing a history of the
Burmese student movement. Arrested early in the year, he
was charged under the 1962 Printing and Publishing Act and
section 5(j) of the Emergency Provision Act 1950;
(b) In early April, Thakhin Ohn
Myint, 80 years old, was sentenced to seven years prison for his
part in assisting in the writing of the history of the student
movement. He had been detained in February but was released in
late March. However, he was rearrested the following day by
military intelligence officers and was later sentenced;
(c) In April 1998, Daw San San was
sentenced to 25 years imprisonment. She was arrested on 28
October 1997 after she had conducted an interview with the
British Broadcasting Corporation on 26 June 1997, in which she
had been critical of the military regime. She was arrested under
section 10(a) of the 1975 State Protection Act, but in April she
was charged under the 1923 Official Secrets Act and sentenced to
25 years. Daw San San, 58 years old, was initially detained along
with seven members of Parliament from the NLD, including Dr. Than
Nyein and Dr. May Win Myint. All were initially sentenced to six
years imprisonment, but Daw San San's term of imprisonment was
increased to 25 years after she refused to end her political
activities. Daw San San had previously been arrested in November
1990 and had been sentenced to 20 years under Penal Code 122 for
high treason. She was however, released on 1 May 1992 during an
amnesty. Since that detention, the authorities dismissed her as a
Member of Parliament and banned her from contesting any future
elections.
B. Rights pertaining to democratic governance
10. Many reports indicate that in Myanmar political parties in
opposition continue to be subject to intense and constant
monitoring by the regime, aimed at restricting their activities
and prohibiting members of political parties from leaving their
localities. Existing orders from the State Law and Order
Restoration Council (SLORC), including the 1961 Habitual
Offenders Restrictions Act, preclude members of political parties
from leaving their localities or their houses without prior
permission from the authorities; otherwise they risk arrest and
interrogation by the police or military intelligence agents.
11. The cases reported below have been brought to the attention
of the Working Group on Arbitrary Detention and the
Special Rapporteur on the situation of human rights in Myanmar:
(a) A number of NLD elected
representatives, including U Tun Win, Dr. Kyi Min, U Hlaing Aye,
U Myint Aung, U Aung Soe, U Kyaw Myint, U Thein Kyi, U Than
Naing, U Myint Thein, U Aung Myint Thein, U Tha Aung, U Aung San
Myint, U Aung Naing and U Tar have been arrested or charged
either under the Criminal Code or the Habitual Offenders
Restriction Act. It is contended that the authorities have used
the Act to restrict the activities of NLD-elected representatives
in a number of the country's divisions, excluding Yangon
Division. A restraining order has been issued against all elected
NLD representatives, who are required to stay within the confines
of their respective municipalities for a year. They are said to
have to report to the local police stations at least twice a day.
Ward authorities have been ordered to visit the home of a
representative who reports sick to verify whether the claim is
true. Those refusing to comply with the restraining order are
threatened with arrest;
(b) As to the general background
of implementation of these restraining orders, it is also
contended that starting in the night of 25 June 1998, NLD-elected
members of parliament in different parts of Myanmar, excluding
Yangon, have been restrained by township judicial authorities who
acted jointly with the police officials in those townships;
(c) In the initial stage, in Bago
Division, military security personnel allegedly were involved in
the implementation of the restraining orders; in the other states
and divisions, only the township judges and the respective police
station are said to have been involved. There has been a
consistent pattern of NLD-elected representatives being taken to
their respective police stations and being held there overnight
in some instances, for two nights. The NLD representatives would
be allowed to take their own bedding, blankets and mosquito nets;
the next morning (or morning thereafter), they would be released
if two "guarantors" would post bond in the amount of
100,000 kyats each. The township judge would then read out an
order based on the Emergency Powers Law, section 5, sub-section
1(f) and (g), under which the elected NLD representatives would
be required to "sign in" at the local police station
every day at 8 a.m. and 5 p.m. (in some instances, at 9 a.m. and
5 p.m.). This practice is said to have been designed to prevent
the individuals thus restrained from travelling outside their
town's jurisdiction. Non-compliance with the restraining order
would entail a prison sentence of one year;
(d) It is contended that the NLD
leadership has urged its elected representatives to defy the
restraining orders and that, as a result, a number of arrests
have been made by the authorities. The total number of
restrictions in effect for the whole country now exceeds 50
elected NLD representatives. The exact number is unknown, since
telephone connections to certain townships and places are said to
have been disconnected.
12. There is no doubt that such practices, if true, would
constitute a violation of basic international human rights norms,
in particular, those proclaimed in articles 9 and 21 of the
Universal Declaration of Human Rights.
13. On Thursday, 25 June, security forces prevented four elected
NLD representatives and 40 young men from entering Daw Aung San
Suu Kyi's compound for a regular "reading session".
They were pushed back to the junction of Kabe Aye Sati Road and
University Avenue. When they were informed of the incident, U Tin
Oo, NLD Vice-Chairman, and Daw Aung San Suu Kyi went to the
junction to lead the members back to her compound. After blocking
them at various points, a man in civilian clothing ordered the
security forces to attack the group. The police proceeded to do
so, using batons and branches from trees which were lying on the
roadside. A statement from NLD said that eight NLD youth members
suffered injuries and Aung San Suu Kyi was also slightly injured.
The location of the incident was a restricted area, thus no one
else was present.
14. The Myanmar authorities, in a statement issued the day after,
said the group had refused legitimate orders to leave "on
security ground(s)" and that after the staging of a sit-down
protest overnight, they had been allowed to enter. Officials had
earlier denied that anyone was injured in the scuffle and said no
arrests had been. The road to Aung San Suu Kyi's compound
remained sealed off on Friday.
15. On Monday, 29 June, in an apparent response to these events,
the Myanmar authorities threatened to take legal action against
Aung San Suu Kyi and NLD. Commentaries run by three State-owned
newspapers stated that the Myanmar Government and its people
could no longer tolerate the acts of Aung San Suu Kyi, who
ignored the interest of the nation and the people. The newspapers
cited Law No. 5/96 which prohibits individuals or organizations
from disturbing, destroying, obstructing, inciting, delivering
speeches, making oral or written statements and disseminating in
order to undermine, belittle and make people misunderstand the
functions being carried out by the National Convention for the
emergence of a firm and enduring Constitution. A conviction,
under Law No. 5/96, carries a minimum sentence of five years,
with a maximum of 20 years imprisonment.
16. Faced with the gravity of the situation, the Special
Rapporteur issued a press release in which he expressed his
concerns, and on 8 July 1998, he sent a letter to the Minister
for Foreign Affairs in order to seek clarifications. Relevant
parts of the letter are reproduced here below.
"I would like to
express my concern following recent reports that members of the
NLD continue to be subject to various forms of restrictions in
the normal exercise of their civil and political activities, as
should be the case for members of a legitimate and legally
registered political party, as indeed for everyone. You will
recall, in this regard, the observations I made in my reports to
the General Assembly and to the Commission on Human Rights over
the past two years in the light of the applicable international
norms and the relevant resolutions of the General Assembly and
the Commission, calling upon Myanmar to observe those norms.
"According to
information received, on the afternoon of 25 June 1998, while
approaching Daw Aung San Suu Kyi's house, a group of around 30
NLD writers, journalists and activists were prevented by the
security forces from attending a "reading session"
regularly held at her home. When Daw Aung San Suu Kyi and U Tin
Oo went out to escort the group into the compound, they were
allegedly verbally abused and beaten by security forces. As a
result four young men around Daw Aung San Suu Kyi were severely
beaten, while she herself was slightly injured. In protest at the
refusal to allow the group access to her compound, Daw Aung San
Suu Kyi and U Tin Oo remained with the group, surrounded by
security officers, throughout the night until they were finally
allowed to enter her residence at 8 a.m. the following morning.
"It has also been
reported that a number of NLD members have been allegedly
arrested throughout the country during May and June 1998. These
include six NLD youth leaders, including Ko Tun Zaw Zaw, as well
as Members of Parliament such as Mr. Mahn Johny from KyongPyaw
township; David Hla Myint of Ngapudaw township and Dr. Tin Min
Htut from Pantanaw township.
"It has been further
reported that, as of 25 June 1998, NLD-elected Members of
Parliament in various parts of the country, excluding Yangon
Division, are required to remain within their township
jurisdiction and are required to present themselves twice a day
to the nearest police station in order to report their presence
by signing a declaration. Those who refuse to sign the
declaration are allegedly immediately taken to custody without
any inquiry or trial. Such was reportedly the case for more than
15 representatives elected from various constituencies.
"In as much as all
those reported to have been arrested were members of NLD, I take
this opportunity to repeat my previous and continuing concerns
about the fate of the over 80 NLD members and sympathizers who
have been arrested since 1990 and who remain detained.
"With respect to other
NLD members, I urge your Government to ensure their personal
integrity and freedom of expression, including the right to
receive and impart information, freedom of association, assembly
and movement.
"In order to have an
accurate and comprehensive view of the situation, I would greatly
appreciate receiving information which your Government may wish
to provide regarding the events and cases referred in the above
paragraphs, both in respect of the facts themselves and the
applicable legislation. I would also appreciate receiving a list
of the names of any NLD-elected representatives arrested in
Myanmar during the months of May and June 1998 as well as of
those arrested since 1990.
"I would further
appreciate receiving any other details or observations which your
Government deems pertinent."
17. The Special Rapporteur has noted that a reply, dated 10
August 1998, to the substance of his letter was sent, on behalf
of the Permanent Representative of Myanmar to the United Nations
at Geneva, to the Director of Activities and Programmes Branch of
the Office of the United Nations High Commissioner for Human
rights. It was not addressed to the Special Rapporteur nor did it
make any reference to him. The Special Rapporteur regrets that
the Government of Myanmar is deliberately ignoring his attempts
to establish a constructive dialogue with the authorities in
Myanmar, as requested by the General Assembly and the Commission
on Human Rights.
18. On the substance of the reply, the Special Rapporteur notes
that the Government of Myanmar did not provide the Special
Rapporteur with a list of the names of NLD-elected
representatives arrested in Myanmar during the months of May and
June 1998 or of those arrested since 1990. Nor did the Government
of Myanmar provide the texts of the applicable legislation in
force in the country which is used to justify the restrictions
placed on the activities carried out by NLD.
19. Indeed, although the Special Rapporteur did not receive the
official figures concerning the status of the NLD Members of
Parliament elected in the 1990 elections, he has received several
reports stating that the Election Commission has dismissed from
Parliament all Members who have been charged with an offence and
has banned others from running in future elections. After the
election in 1990, the NLD had 392 of the 485 seats. Since the
1990 election, 112 Members of Parliament have apparently been
forced from office or dismissed by the Election Commission. This
represents more than a quarter, or 28 per cent, of the 392 NLD
Members of Parliament who were elected under the NLD banner.
Seventy-eight Members of Parliament all from the
NLD have been jailed since the election and two (U
Tin Maung Win and U Hla Than) have died in prison. At the moment,
there are 42 NLD Members of Parliament who remain under detention
in Myanmar for their political activities. Furthermore, as a
result of threats and intimidation from the authorities, 20
opposition Members of Parliament, most of whom are from the NLD,
have fled Myanmar.
20. It would appear that, given the refusal of the authorities to
establish a genuine dialogue with the leadership of the NLD and
the failure to convene the National Assembly, the NLD leadership
has embarked on a campaign designated to achieve those ends by
resorting to political actions in line with the normal exercise
of basic civil and political rights. It would appear that the NLD
had formally called the regime to convene the National Assembly
by 21 August 1998 and had sought to exercise its right to conduct
normal political activities by visiting members and sympathizers
of the party outside Yangon.
21. On Tuesday, 7 July, Aung San Suu Kyi and Aung Shwe attempted
to go to Min Hla township (147 km north of Yangon) to meet with a
party member. They were stopped by the police 80 km from Yangon
and ordered to return home. Aung San Suu Kyi and Aung Shwe
refused and staged an overnight sit-in protest in her car at Shwe
Mya Yar village. According to the authorities, the trip outside
her home, without a customary security-forces escort, followed by
her refusal to return home, amounted to a challenge to
governmental authority amid a wider push to hasten civilian rule.
The following day, however, the Government announced that it had
allowed her to meet with the party member, Hla Hla Moe.
Arrangements were made to bring Hla Hla Moe to Shwe Mya Yar to
meet with the NLD leader on the morning of 8 July. After the
meeting, both parties returned home.
22. On 24 July 1998, Daw Aung San Suu Kyi was stopped by local
authorities about 51 miles (32 km) west of Yangon as she
attempted to drive to Bassein, 100 miles (160 km) west of the
capital, to meet members of her political party, the National
League for Democracy. The authorities refused to let her proceed,
and she refused to return to Yangon. As a result, Daw Aung San
Suu Kyi spent five days stuck in a car on a rural highway
surrounded by governmental security personnel. While Daw Aung San
Suu Kyi and members of their party were staying near Anyarsu and
Pandine villages because of the blockade, the authorities, on 30
July 1998, ordered the security forces to use force to remove
them. The General Secretary was physically forced into a car and
driven back to her home without her consent. The authorities also
drove the car belonging to the General Secretary back to her home
without her permission. The remaining Central Executive Committee
member and two other members of the party were also forced into
the cars of the authorities and driven back.
23. On 28 July 1998, the United Nations High Commissioner for
Human Rights issued a press release expressing concern over
reports of a standoff in Myanmar between the military and Aung
San Suu Kyi and urging the Government of Myanmar to accept a
visit of the Special Rapporteur to Myanmar. The press release
reads as follows:
"The reports coming
from Myanmar regarding the refusal of the military authorities to
allow Aung San Suu Kyi to travel freely give cause for great
concern. The incident is the latest in what appears to be a
developing pattern of restriction of the rights to freedom of
movement and to freedom of association of Mrs. Suu Kyi and
members of the National League for Democracy. According to the
information received, Mrs. Suu Kyi is today spending the fifth
day in her car after being stopped on the road while going to
visit supporters of her party outside of Yangon. There are
legitimate concerns about Mrs. Suu Kyi's health and her security
during this standoff.
"This incident provides
stark evidence of the need for the Government to enter into a
frank and sincere dialogue with civil society in Myanmar as a way
of overcoming the political difficulties the country is facing.
"I urge the Government
of Myanmar to work with Mrs. Suu Kyi and her supporters to
resolve the current standoff peacefully and quickly. I also call
on the Government to guarantee the rights of freedom of movement
and association of all citizens and to accelerate the process of
national reconciliation leading to the enjoyment of all human
rights. I reiterate my recent request to the Government to
facilitate a visit by the Commission on Human Rights Special
Rapporteur for Myanmar, who has been seeking such a visit for a
lengthy period."
24. On 12 August, in another attempt to travel outside her
residence to meet members of her political party in the city of
Pathein (Ayarwaddy Division), Daw Aung San Suu Kyi together, with
U Hla Pe and a driver, were again stopped by the authorities at
Anyarsu village, located 20 miles south-west of Yangon. After
spending 12 days on the spot, Daw Aung San Suu Kyi and colleagues
returned home without being able to reach Pathein and hold
meetings with local NLD members.
25. The authorities of Myanmar, through "information
sheets" received on a daily basis from the Office of the
High Commissioner for Human Rights, recounted these events and
justified the actions taken i.e., not to allow Daw
Aung San Suu Kyi to travel outside Yangon and to meet with
members of the NLD outside her residence, by invoking security
concerns. In an information sheet dated 12 August 1998, it is
stated that the Government of Myanmar regretted that security
conditions in Ayarwaddy Division made it unsafe for Daw Suu Kyi
to travel there at that time but that the Government encouraged
her to return home and continue her political activities in a
more secure environment in Yangon. She and her companions
remained free to return to their homes at any time or to stay by
the roadside as long as conditions remained safe. Furthermore,
Myanmar authorities reported in an information sheet dated 23
August 1998 that, to ensure the health and safety of Daw Aung San
Suu Kyi and her companions, Daw Aung San Suu Kyi's personal
physicians had been given full access to her at any time and the
Government was continuing to provide an ambulance and a medical
team on stand-by exclusively for their use. While Daw Aung San
Suu Kyi and her companions continued their stay at Anyarsu
village, food, water, clothing and other amenities had been made
available by the Government as well as other private sources.
26. The Special Rapporteur welcomes the fact that on 18 and 24
August 1998, Secretary 1 of the State Peace and Development
Council (SPDC) met with the Chairman of the NLD. The Special
Rapporteur hopes that these recent meetings will lead to a
genuine dialogue and will not be inconclusive, as was the case in
July and September 1997.
END OF PART 1
REPORT OF THE SPECIAL RAPPORTEUR ON MYANMAR
PART 2 OF 2 (FOR INTERNET DISTRIBUTION)
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C. Death in custody
27. The Special Rapporteur continues to receive reports
indicating that torture and ill-treatment, including beatings, in
prisons and interrogation centres continue to be a common
practice. In addition, sanitary conditions are critical, and
there is a lack of medical attention. Moreover, the authorities
continue to refuse the International Committee of the Red cross
(ICRC) access to prisons and places of detention. In these
circumstances, the Special Rapporteur is not surprised to
continue to receive information to the effect that several
prisoners have died in prison, including several members or
sympathizers of the NLD.
28. Since June 1996, several NLD members or sympathizers have
died in jail as a result of torture and poor treatment.
29. In his report to the General Assembly (A/51/466, para. 77),
the Special Rapporteur reported on the death in custody on 22
June 1996 of Mr. James Leander Nichols, who had been arrested in
April 1996 for illegal possession of communications equipment
(telephones and fax machines) and sentenced to three years
imprisonment on 18 May 1996. He had allegedly been deprived of
sleep during long interrogations prior to his death. Mr. Nichols
was 65 years old and suffered from heart problems and diabetes.
The Myanmar authorities, in a press statement issued on 16 July
1996, denied that he was tortured and stated that he died from
natural causes, due to a stroke and a heart attack. However, the
Special Rapporteur has recently received additional information
from a former detainee who, in May 1996, was serving the final
year of a seven-year prison sentence in Insein Prison in a cell
close to the one where Mr. James Leander Nichols spent his last
days. According to that prisoner, Mr. Nichols had been
interrogated by officers for six consecutive days. Upon his
arrival, he was reportedly forced to sit in a Poun-San
position i.e., to sit cross-legged on the floor with
his hands on his knees, back straight and head bowed. During
interrogation sessions he is said to have been forced to stand up
for hours. Each time, he is said to have been taken away by
officers with a hood over his head. Once he reportedly came back
to his cell at Insein Prison with swollen legs and a puffed face
after having been subjected to four days of interrogation.
Despite the fact that he was suffering form acute dysentery and
diabetes, he was allegedly not given either proper food or
medicines. His health is believed to have quickly deteriorated.
The last time he was reportedly seen by fellow inmates before
being taken away by officers, he had swollen legs, could not walk
properly, and was suffering from dysentery, vomiting and
dizziness. It is not clear whether an autopsy was performed. To
date, authorities are thought not to have satisfactorily provided
a full, written account of events leading up and surrounding his
demise. Clearly, a full enquiry by an independent body is called
for in light of the new evidence.
30. It is also reported that U Thein Tin, a member of theYangon
Township Organizing Committee of the NLD, died at Yangon General
Hospital on 18 February 1998, following physical and mental
torture in Insein Prison. U Thein Tin had been detained in Insein
Prison since March 1996. He was charged under section 10(a) of
the 1975 State Protection Law, which is designed to protect the
country from the dangers of those who wish to harm it. A writer
by profession, U Thein Tin was a former student leader during
1962 1963. He came to prominence during Daw San Suu Kyi's
house-arrest for his unwavering commitment and management skills.
He was well respected by both the leadership of the NLD and the
youth wing of the party. The State Peace and Development Council
(SPDC) claims that U Thein Tin died of blood cancer, according to
a statement. However, other sources said that U Thein Tin had
been tortured and his health had been deteriorating when he was
finally admitted to hospital. He was already dying when he was
taken to hospital, according to those sources, and the SPDC had
long refused his requests for proper medical care. A Myanmar
governmental spokesman confirmed that Thein Tin had died but
denied that he had been poorly treated. He said Thein Tin had
even been given a pardon three days before his death and released
from his prison sentence because he had liver cancer. Medically,
Thein Tin had been suffering from liver cirrhosis since 1982 and
while he was serving his sentence on 3 December 1997, the prison
medical authorities had transferred him to the Yangon hospital,
according to the spokesman. He also said that Thein Tin's family
had been allowed to pay him regular visits while he was in
hospital.
31. Aung Kyaw Moe, 29 years old, a former student of Yangon
Institute of Technology, who had been sentenced to 14 years
imprisonment for his involvement in a December 1996 student
demonstration, died in the prison hospital on 23 May 1998 after
being beaten by prison authorities, following a hunger strike by
political prisoners at the Thayawaddy Prison, 200 kilometres
north of Yangon. On 22 May, political prisoners in Thayawaddy
Prison staged a hunger strike to mark the eighth anniversary of
the 1990 elections, in which the National League for Democracy
(NLD) had won a landslide victory. The political prisoners made
two demands: that the ruling State Peace and Development Council
(SPDC) treat them as political prisoners, and that it enter into
a dialogue with the NLD to solve the country's problems
peacefully. However, the authorities, under instructions from the
SPDC's Ministry of Home Affairs, rejected their demands and
warned the prisoners to stop their hunger strike immediately.
When they refused to do so, eight political prisoners were beaten
and seriously injured. Afterwards, the family members of all the
political prisoners at Thayawaddy Prison were forbidden to visit
in an attempt by the authorities to prevent information about the
incident from spreading.
32. The following two cases illustrate the severe physical and
mental suffering reported to have been inflicted by prison
officials to two former detainees:
(a) Thar Nyunt Oo, a leader of the
student movement, was arrested in September 1990 and sentenced by
the Special Military Court to five years imprisonment. He was
detained at Insein Prison from September 1990 until November
1991. He was reportedly interrogated during the first two weeks,
during which time he was confined to a small cell under
continuous strong light, the intensity of which would be
increased if he refused to answer a question. According to the
information received, he was deprived of sleep for 60 or 70 hours
at a time, beaten and kicked, and made to stand on his toes for
hours at a time; meanwhile, his legs were kept in irons with
manacles around his ankles and an iron bar between his legs. In
1991 Thar Nyunt Oo and other prisoners who had gone on strike
were said to have been placed in solitary confinement and kept in
leg irons. They were allegedly forced to stand with their upper
bodies bent forward for up to thirty hours. They were reportedly
prohibited from bathing for one month and were forced to cry and
make admissions of guilt. Thar Nyunt Oo was transferred to Thayet
Prison in November 1991 and then to Monywa Prison in December
1992. He was finally released in November 1994 and resumed his
political activities. He was forced to flee to the border in
December 1996;
(b) Aung Khaing, a graduate of
Yangon Institute of Technology and resident of Prone Township,
was arrested in November 1990 for his role in the pro-democracy
movement and sentenced to 15 years imprisonment. His sentence was
commuted to 10 years shortly after General Than Shwe was
installed in 1992 as head of the State Law and Order Restoration
Council (SLORC). Aung Khaing was released from prison in June
1998. During his eight years of detention in Insein Prison and
Taungoo Prison in Pegu Division, Aung Khaing was reportedly
subjected to severe beatings by prison warders, and as a result
he developed psychological problems. Despite several requests
from his family, the prison authorities refused to provide him
with proper medical assistance; but instead, he was put in a
solitary confinement cell that was designated for leper prisoners
until his release in June 1998.
IV. Forced labour
33. The Special Rapporteur continues to receive numerous
substantiated reports from a wide variety of sources indicating
that the practice of forced labour remains widespread. The
phenomenon of forced recruitment of civilians for the purpose of
portering is reportedly still practised. Conditions for porters
are described as brutal, with forced marches over mountains with
heavy loads.
34. Since 1955, Myanmar has been a party to ILO Convention No. 29
concerning forced labour. Amendment or repeal of national
legislation providing for the exaction of labour and services,
under the threat of penalty, from residents who have not offered
themselves voluntarily, has been called for by the ILO Committee
of Experts for the Application of Conventions and Recommendations
in comments regularly addressed to the Government since 1964.
35. Following the lodging of a representation in January 1993 by
the International Confederation of Free Trade Unions, the ILO
Governing Body urged the Government of Myanmar, in November 1994,
to ensure that the relevant legislation, in particular, the
Village Act and the Towns Act, would be brought into line with
Convention No. 29, as had already been requested by the Committee
of Experts, to ensure that the formal repeal of the power to
impose compulsory labour be followed up in practice and to ensure
that those resorting to coercion in the recruitment of labour be
punished.
36. At the International Labour Conference in June 1996, the
Committee on the Application of Standards noted the persistent
failure of Myanmar to implement the Convention. The complainants
alleged that the Government of Myanmar had demonstrated its
unwillingness to act upon the repeated calls addressed to it by
the supervisory bodies of the ILO to abolish forced labour in law
and in practice and that, instead, the practice of forced labour
was becoming more widespread and that the authorities in Myanmar
were directly responsible for its increasing use.
37. At its two hundred sixty-eighth session, in March 1997, the
ILO Governing Body decided to refer the complaint to a Commission
of Inquiry chaired by Sir William Douglas (Barbados). The
Commission's mandate was to consider whether, and to what extent,
the alleged violations existed or had existed and to make any
recommendations it deemed appropriate.
38. The Commission held its first meeting in June 1997 to
establish its rules of procedure; it held formal hearings of
witnesses in November 1997 in Geneva. In the course of its
inquiry, during hearings in Geneva and during its visit to the
region, the Commission received over 6,000 pages of documents and
heard testimony given by representatives of a number of
non-governmental organizations and by some 250 eyewitnesses with
recent experience of forced labour practices.
39. The Government of Myanmar, which had been invited to take
part in the proceedings, abstained from attending the hearings
and did not authorize a visit by the Commission of Inquiry to
Myanmar, arguing that such a visit would not contribute much
towards resolving the case and would interfere in the internal
affairs of the country.
40. The Myanmar authorities stated, in response to the initial
complaint and supplementary evidence, that they were aware of the
criticisms made by some worker delegates relating to use of
forced labour in Myanmar and that a considerable portion of the
criticisms relating to Myanmar were unfortunately based on biased
and specious allegations made by expatriates living outside
Myanmar who wished to denigrate the Myanmar authorities for their
own ends.
41. According to the report issued by the Commission of Inquiry
on 20 August 1998, the obligation to suppress the use of forced
or compulsory labour was violated in Myanmar in national law as
well as in actual practice in a widespread and systematic manner,
with total disregard for the human dignity, safety and health and
basic needs of the people. The Commission concluded that the
impunity with which governmental officials, in particular, the
military, treated the civilian population as an unlimited pool of
unpaid forced labourers and servants at their disposal was part
of a political system built on the use of force and intimidation
to deny the people of Myanmar democracy and the rule of law. The
Commission also concluded that any person who violated the
prohibition of recourse to forced labour in international law
bore an individual criminal responsibility.
42. The Commission's report relates "a saga" of untold
misery and suffering, oppression and exploitation of large
sections of the population inhabiting Myanmar by the Government,
the military and other public officers. It is a story of gross
denial of human rights to which the people of Myanmar have been
subjected, particularly since 1988, and from which they find no
escape except fleeing the country.
43. In its conclusions on the substance of the case, the
Commission stated that there was abundant evidence before it of
the pervasive use of forced labour imposed on the civilian
population throughout Myanmar by the authorities and the military
for portering; the construction, maintenance and servicing of
military camps; the construction and maintenance of roads,
railways and bridges; other infrastructure work; other work in
support of the military; and work in agriculture, logging and
other projects undertaken by the authorities or the military,
sometimes for the profit of private individuals.
44. The Commission also stated that in actual practice, the
manifold exactions of forced labour often gave rise to the
extortion of money in exchange for a temporary alleviation of the
burden but also to threats to the life and security and
extrajudicial punishment of those unwilling, slow or unable to
comply with a demand for forced labour. Such punishment or
reprisals ranged from demands for money to physical abuse,
beatings, torture, rape and murder.
45. Forced labour in Myanmar was widely performed by women,
children and elderly persons, according to the Commission's
conclusions, and by other persons otherwise unfit for work, and
was almost never remunerated.
46. Porters, including women, were often sent ahead in
particularly dangerous locations, such as in suspected
minefields, and many were killed or injured that way, the
Commission stated. Porters were rarely given medical treatment of
any kind, and some of the sick or injured were left behind in the
jungle.
47. Similarly, on road-building projects, injuries were in
most cases not treated, and deaths from sickness and accidents
were frequent on some projects, the Commission stated.
48. Forced labourers, including those sick or injured, were
frequently beaten or otherwise physically abused by soldiers,
resulting in serious injuries; some were killed, and women
performing compulsory labour were raped or otherwise sexually
abused by soldiers.
49. In conclusion on the subject of forced labour, the Special
Rapporteur wishes to make two observations. First, the
proceedings and report of the Commission of Inquiry of the ILO
clearly indicate that the attitude of the regime in Myanmar
towards the Commission was the same as that which the regime had
adopted towards the Special Rapporteur, the Commission on Human
Rights and the General Assembly that is to say, an
attitude of total non-cooperation, in violation of the
obligations that Myanmar had freely undertaken under the Charter
of the United Nations and relevant ILO Conventions. Secondly, the
conclusions of the Commission of Inquiry of the ILO confirm all
the serious concerns that the Special Rapporteur has highlighted
in his reports to the General Assembly and the Commission on
Human Rights concerning the laws on and the practice of forced
labour in Myanmar.(c)
V. Minorities
50. Since independence from British colonial rule
in 1948, Myanmar has witnessed unresolved conflicts between some
of the 135 ethnic minorities of the country and the central
authorities. These conflicts have given rise to insurgencies in
several parts of the country which have resulted in large numbers
of internally displaced persons and refugees in neighbouring
countries. In connection with these conflicts, the Special
Rapporteur continues to receive detailed reports on human rights
violations committed by members of the armed forces (Tatmadaw).
Two examples among many others may be cited:
(a) On 27 June 1998, 13 villagers,
including two women and seven children, were reportedly killed by
about 120-130 troops of the State Police and Development Council
led by commander Htun Nyein. The troops were patrolling and
searching deserted villages in the countryside of Murng-Nai when
they found the people at a farm 4 miles west of their village of
Nawng Tao, Kaeng Tawng tract. The villagers killed belonged to
the same extended family;
(b) On 29 June 1998, the same
troops are reported to have beaten to death a man named Sai Phim
who was weeding his farm at the deserted village of Nar Sarn,
west of Nawng Phar, Kaeng Tawng. They buried his body in the
ground at the foot of the steps of his farm hut, leaving his head
above the ground.
51. Information received by the Special Rapporteur indicates that
sexual violence against women, including rape, is frequently
committed by members of the Tatmadaw with impunity. The victims
are civilians, often ethnic minority women and girls, and the
perpetrators are reported to come from all ranks within the
Tatmadaw hierarchy. One example of this kind of violence involved
a 14-year-old girl, who is reported to have been raped and burned
alive at a farm about 3-4 miles east of Lai-Kha on 11 May 1998.
The girl, named Nang Zarm Hawm, was the daughter of Loong Parn
and Pa Poo from Nawng Zem village, who had been forced to move to
Lai-Kha town in October 1997. On that day, Nang Zarm Hawm had
gone with her parents to work at their rice farm, about 3 miles
east of the town. They ran out of the paddy seeds which they were
sowing, so Loong Parn and Pa Poo went back to town to get more
paddy seeds, leaving their daughter at the farm hut. At that
time, Maj Myint Than and 85-90 troops, who were patrolling the
outskirts of the town, came to the farm and saw Nang Zarm Hawm
alone in the hut. Myint Than asked her about her parents and
ordered his soldiers to wait at the edge of the farm and arrest
anyone who came to the farm. He then raped Nang Zarm Hawm in the
hut several times during the day and at about 4 a.m. burned Nang
Zarm Hawm in the hut, and left the place with his troops.
52. Hundreds of thousands of persons have been forcibly
relocated, without any compensation or assistance, to new towns,
villages or relocation camps in which they are essentially
detained. Forced relocations are currently being implemented on a
wide scale in eastern Myanmar, in Shan State, Karenni and Karen
areas. One report indicates that on 4 June 1998, Golden Triangle
Military Commander Major General Thein Sein (Chairman of the
Eastern Shan State Peace and Development Council) ordered Major
Hla Htwe to confiscate 13 plots of land and rice fields owned by
villagers of King-Ka in zone 2 of Kaeng-Tung, for the purpose of
expanding the SPDC military base there. The military would
provide each household with a plot of land at a different place
big enough to build a small house. But the villagers would have
to buy them at the price of K 10,000 each plus an extra K 1,000
for a land survey fee. Furthermore, the same villagers were
forced to grow crops for
the military on the land that had been forcibly taken from them.
53. Forced conscription of civilians into compulsory labour for
the military authorities, including the practice of forced
recruitment of porters, is also one of the reasons that people
were leaving their homes. The practice disrupts family life and
precludes persons from carrying on their daily work in order to
earn a living. Reports indicate that from time to time, SPDC
troops in Kun-Hing have been forcing children of the villagers to
do menial work in the military bases, 10-15 boys at a time, ages
ranging mostly from 14 to 16. On 20 May 1998, children were
forced to work on certain military bases fetching water, washing
dishes, weeding grass in the military compounds, sweeping and
cleaning trenches, feeding pigs, feeding chickens and ducks,
washing and dusting cars and other vehicles, and feeding dogs.
When the children were tired, the soldiers would scold them and
beat them with sticks. Some parents tried to go to work in the
place of their children, but the soldiers would not allow it. The
children had to bring their own food for the midday meal, but the
soldiers either ate or stole their food.
54. As a result of the internal armed conflict, abuses and human
rights violations, many people have fled to neighbouring
countries. It is reported that the Thai border is home to more
than 100,000 refugees, mainly Karen, Karenni and Shan. The
Bangladesh border is home to 20,000 refugees from Rakhine state.
The Special Rapporteur is aware that, since 1995, the refugee
camps along the Thai border have been prone to attacks by troops
allegedly supported by the Tatmadaw. It is further reported that
in March of this year, another series of attacks occurred in the
camps located along the Thai/Myanmar border. Although UNHCR is
present in Rakhine state and in Cox's Bazar (Bangladesh), the
Special Rapporteur hopes that UNHCR will soon finalize an
agreement with the Government of Thailand regarding a presence on
the Thai/Myanmar border.
VI. Conclusions and recommendations
A. Conclusions
55. The Special Rapporteur has to state with regret that the
Government of Myanmar has so far ignored the resolutions of both
the General Assembly and the Commission on Human Rights. It has
also displayed a total lack of cooperation with the Special
Rapporteur and has not so far, more than two years after his
appointment, found an appropriate time for him to visit the
country.
56. The situation in Myanmar has not evolved in any favourable
way since the submission of the report of the Special Rapporteur
to the Commission on Human Rights at its fifty-fourth session.
The conclusions drawn in paragraphs 68-76 of that report
(E/CN.4/1998/70) unfortunately remain valid.
57. Although the Special Rapporteur had hoped that a dialogue
would finally begin between the Government and the National
League for Democracy, including leaders of minorities, his hopes
have not been fulfilled. The result is that the structure of
power under the military regime remains autocratic and
accountable only to itself and rests on the denial and repression
of most fundamental rights.
58. The Special Rapporteur remains deeply concerned about the
continued harassment of political leaders and the detention of
many political prisoners. He is also seriously concerned about
the virtual blockade of the General-Secretary of the NLD in her
compound, about her continued vilification and the inability of
her party to organize normal political meetings and functions.
59. The Special Rapporteur is deeply concerned about the serious
human rights violations that continue to be committed by the
armed forces in the ethnic minority areas. The violations include
extrajudicial and arbitrary executions (not sparing women and
children), rape, torture, inhuman treatment, forced labour and
denial of freedom of movement. These violations have been so
numerous and consistent over the past years as to suggest that
they are not simply isolated or the acts of individual
misbehaviour by middle- and lower-rank officers but are rather
the result of policy at the highest level, entailing political
and legal responsibility.
B. Recommendations
60. Given the refusal of the Government of Myanmar to give
effect to the resolutions of both the General Assembly and the
Commission on Human Rights, the Special Rapporteur feels
constrained to repeat the recommendations made in paragraphs
77-97 of his report to the Commission on Human Rights earlier
this year (E/CN.4/1998/70).
61. Further, the Special Rapporteur recommends that an
independent inquiry be held into the circumstances of the deaths
of Mr. Nichols in June 1996 and of U Thein in February 1998,
while detained in Insein Prison, in the light of any evidence
that may be gathered from fellow prisoners and prison officials
and, indeed any other persons, so that action may be taken
against the individuals who may have been responsible for their
deaths or harsh treatment.
62. Urgent steps should be taken by all governmental authorities
to put a stop, once and for all, to forced labour and portering
and to comply fully with the obligations of Myanmar under ILO
Convention No. 29.
63. The Government of Myanmar should, with the least possible
delay, implement the recommendations that the Commission of
Inquiry of the ILO recently made.
Notes
(a) A/47/651, A/48/578, A/49/594 and Add.1, A/50/568,
A/51/466 and A/52/484.
(b) E/CN.4/1993/37, E/CN.4/1994/57, E/CN.4/1995/65 and Corr.1,
E/CN.4/1996/65, E/CN.4/1997/64 and
E/CN.4/1998/63.
(c) A/51/466, paras. 126-145; E/CN.4/1997/64, paras. 80-81, 108
(13) and (14); A/52/484, paras. 50-68, 152 (j) and
(k); E/CN.4/1998/70, para. 88.
END OF REPORT
[Note: This report is transmitted by Burma Peace Foundation.]
Dear Friends,
Having posted the current report of the Special Rapporteur on
Myanmar, I have been asked to post paragraphs 68-76 of this
year's report on Myanmar to the Commission on Human Rights
referred to by the Special Rapporteur in his conclusions.
Here they are, plus the Recommendations.
Here are also instructions, for those with Web access, on how to
read and download documents from the UN Human Rights Website,
including reports and resolutions on Myanmar from previous
sessions of the General Assembly and Commission on Human Rights:
I would be interested to know how many people have access to
email, but have either no Web access at all, or whose Web access
is unreliable. Please let me know at darnott@iprolink.ch
Yours sincerely,
David Arnott (Burma Peace Foundation, Geneva)
31/10/98
GETTING DOCUMENTS FROM THE UN HUMAN RIGHTS WEBSITE
From your web browser open the UN Human Rights Website http://www.unhchr.ch
FOR REPORTS
1) Click on "Documents" in the left hand column
2) (Under "Reports and other documents") click on
"Commission on Human Rights" or "General
Assembly"
3) Click on the year you want
4) Scroll down the list or use the "Find" button to
find the report you want
5) Copy and paste or "Save as"
FOR RESOLUTIONS
click on "Resolutions" in step 1, and continue as
above.
While I'm at it, here are instructions on how to use the
Burmanet Gopher, perhaps the best Burma information search tool
available online. It searches the igc conference reg.burma
(whence cometh burmanet-l) from its beginning at the end of 1993
Click below, or enter the address in your web browser's
"open" box.
gopher://gopher.igc.apc.org:2998/7REG-BURMA
Enter your search topic and press "Enter" Since the
gopher has a default of 40 topics, you have to append to your
query "-m 13" (or whatever maximum number of topics you
want, being careful to leave a gap between your keyword and the
hyphen). (e.g."kachin -m 13" gave 13 documents
out of 769. "kachin -m 130" gave 130). It
also supports Boolean searches. Thus, when I put in
"kachin -m 300 AND women", it gave me 300 (out of 352),
and when I narrowed it down to "kachin -m 300 AND women AND
1994", it gave me 212 documents.
CONCLUSIONS AND RECOMMENDATIONS FROM THIS YEAR'S REPORT ON
MYANMAR TO THE
COMMISSION ON HUMAN RIGHTS (referred to by the Special Rapporteur
in his report to the GA)
Economic and Social
Council
Distr. GENERAL
E/CN.4/1998/70
15 January 1998
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-fourth session
Item 10 of the provisional agenda
QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS IN ANY PART OF THE WORLD, WITH PARTICULAR REFERENCE TO
COLONIAL AND OTHER DEPENDENT COUNTRIES AND TERRITORIES
Situation of human rights in Myanmar
Report of the Special Rapporteur, Mr. Rajsoomer Lallah,
submitted in accordance with Commission on Human Rights
resolution 1997/64
CONTENTS
Introduction
I. ACTIVITIES OF THE SPECIAL RAPPORTEUR
II. THE EXERCISE OF CIVIL AND POLITICAL RIGHTS
A. The reconstitution of SLORC
B. Rights pertaining to democratic governance
C. Extrajudicial, summary or arbitrary executions
D. Arbitrary detention
E. Torture and cruel, inhuman or degrading treatment or
punishment
III. THE GENDER PERSPECTIVE
A. International norms
B. Myanmar women in public life
C. The situation of refugee women
D. Women and forced labour
IV. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
B. Recommendations
IV. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
68. The Special Rapporteur regrets that, in spite of his
continuing efforts to obtain the authorization of the Government
of Myanmar to visit the country and in spite of the encouraging
statements made by the Permanent Representative of Myanmar, both
in the Commission on Human Rights and the General Assembly, he
has not so far obtained any response. In this regard, the
criticism levelled by the authorities against the reports of the
Special Rapporteur is, in large part, based on the ground that
the reports rely on information received from outside the country
and do not reflect the actual situation in Myanmar. It stands to
reason that, if the General Assembly and the Commission are to
benefit from an assessment of that criticism, the agreement of
the Myanmar authorities to a visit by the Special Rapporteur is
essential.
69. The Special Rapporteur has observed the beginnings of a
positive attitude with respect to the easing of restrictions on
political parties, especially in relation to the activities of
the NLD and its right to hold meetings. This change on the part
of the authorities is welcome. However, it would appear that this
change is of a purely formal and limited nature given the
virtually complete control which the authorities seem to exercise
on the freedoms of association, assembly and expression. The
Special Rapporteur notes that the absence of respect for the
rights pertaining to democratic governance continues to be at the
root of all the major violations of human rights in Myanmar
insofar as this absence is inherent in a power structure which is
autocratic and accountable only to itself, thus resting on the
denial and repression of fundamental rights. The Special
Rapporteur concludes that genuine and enduring improvements in
the situation of human rights in Myanmar cannot be attained
without respect for the rights pertaining to democratic
governance. In this regard, he notes with particular concern that
the electoral process initiated in Myanmar by the general
elections of 27 May 1990 has still, after seven years, to reach
its conclusion and that the Government still has not implemented
its commitment to take all necessary steps towards the
establishment of democracy in the light of those elections.
70. On the basis of his examination of the situation of human
rights in Myanmar over the past year, the Special Rapporteur has
unfortunately come to the general conclusion that, except for the
apparent easing of restrictions on political activities as
referred to in paragraph 69, there has been no change in that
situation since his last report to the General Assembly and to
the Commission on Human Rights. The resolutions of the General
Assembly and of the Commission have gone largely unheeded by the
Government of Myanmar. The result is that the conclusions of the
Special Rapporteur as contained in his reports to the General
Assembly at its fifty-second session (A/52/484, annex, paras.
143-151) and the Commission on Human Rights at its fifty-third
session (E/CN.4/1997/64, paras. 101-107) remain substantially the
same, except for the fact that, according to certain reports, a
meeting took place in mid-July 1997 between a representative of
SLORC and an official of the NLD. There have been suggestions
that the substance of those discussions was political in
character but the Special Rapporteur has no concrete information
in this regard.
71. The well-documented reports, photographs and testimonies
received by the Special Rapporteur lead him to conclude that
extrajudicial, summary or arbitrary executions, the practice of
torture, portering and forced labour continue to occur in
Myanmar, particularly in the context of development programmes
and of counter-insurgency operations in minority-dominated
regions.
72. With regard to arbitrary arrest and detention, the Special
Rapporteur does not doubt that such violations take place on a
wide scale if for no other reason than that an examination of the
laws in place show that such violations are legal and may easily
occur. At the same time, the absence of an independent judiciary,
coupled with a host of executive orders criminalizing far too
many aspects of normal civilian conduct, prescribing enormously
disproportionate penalties and authorizing arrest and detention
without judicial review or any other form of judicial
authorization, leads the Special Rapporteur to conclude that a
significant percentage of all arrests and detentions in Myanmar
are arbitrary when measured by generally accepted international
standards. In this regard, the Special Rapporteur expresses his
deep concern at the continued detention of many political
prisoners, in particular elected representatives, and the
continuing arrests and harassment of supporters of democratic
groups in Myanmar.
73. Because of both visible and invisible pressures, the people
of Myanmar live in a climate of fear in which whatever they or
their family members may say or do, particularly in the exercise
of their political rights, involves the risk of arrest and
interrogation by the police or military intelligence. The Special
Rapporteur notes that NLD leaders cannot assemble in a group,
cannot freely discuss, and cannot publish or distribute printed
or video material. In this situation it is difficult to assume
that open discussion and free exchanges of views and opinions can
possibly take place in Myanmar, unless they are in support of the
military regime.
74. Turning to freedom of movement and residence in Myanmar,
including the right to leave and re-enter one's own country, the
Special Rapporteur concludes that there are clear violations of
those freedoms in both law and practice. Specifically, severe,
unreasonable and, in the case of the Muslim Rakhine population,
racially based restrictions are placed on travel inside the
country and abroad. On the matter of internal deportations and
forced relocations, the Special Rapporteur concludes that the
Government's policy violates freedom of movement and residence
and, in some cases, constitutes discrimination based on ethnic
considerations.
75. In his report to the General Assembly, the Special Rapporteur
analysed the laws relating to citizenship and their effect on the
exercise of civil and political rights. He raised serious
questions of the consistency of those laws with generally
accepted international norms, since those laws appear to be
discriminatory on the basis of ethnicity, fail toensure equality
before the law, and do not provide special measures of protection
to which children are entitled. In the short term, this situation
produces serious violations of the rights of both minorities and
other persons living in the country as well as a sense of not
belonging to Myanmar. In the long term, the situation is likely
to discourage a sense of national unity and to encourage and
exacerbate secessionist movements likely to be destructive of a
multi-ethnic and multi-religious nation. Sheer repression
following efforts at ceasefire agreements would not appear to be
the answer.
76. The Special Rapporteur welcomes the ratification by Myanmar
of the Convention on the Elimination of All Forms of
Discrimination against Women in 1997. In this regard, he hopes
that the Government of Myanmar will also ratify the Convention
for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of Others, signed by Myanmar on
14 March 1956.
B. Recommendations
77. In the light of the foregoing conclusions, the Special
Rapporteur submits the following recommendations.
78. To ensure that the institutions of government genuinely
reflect the will of the people, in conformity with article 21 of
the Universal Declaration of Human Rights, steps should be taken
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. The
institutions of the Union of Myanmar should be such as to ensure
that the executive authorities are accountable to the citizenry
in a clear and meaningful way. Furthermore, steps should also be
taken to restore the independence of the judiciary and to subject
the executive to the rule of law and render unjust and
unjustifiable actions justiciable.
79. All necessary measures should be taken to accelerate the
process of transition to a democratic order and to involve in a
meaningful way in that process the representatives duly elected
in 1990. In this regard, genuine and substantive discussions
should take place without further delay between the present
military regime and the leaders of the National League for
Democracy and with other political leaders who were duly elected
in the democratic elections of 1990, including representatives of
the ethnic minorities. Certain steps taken in July 1997 by the
SLORC, and in December 1997 by the SPDC, to initiate such
discussions are a welcome and positive development, but one which
requires to be intensified. The SPDC should do all it can to
ensure that the character and substance of the discussions are
genuine and are perceived to be so by all the participants and
the people generally. In addition, political parties should be
free to decide the composition of their own delegations for the
purposes of the dialogue.
80. Immediate measures should be taken to put an end to the
harassment of the leaders and the members of the National League
for Democracy, to ensure that the General Secretary of the
National League for Democracy is genuinely free and able to
exercise her functions without fear of attack, and to ensure that
all political parties are able freely to carry out their
activities. In other words, the present embargo or recess on the
exercise of political rights, which is rigidly enforced by
exceptional legal and administrative machinery, should be ended.
Political "detente" should replace the political
embargo by way of a general amnesty or otherwise.
81. All political detainees, including elected political
representatives, students, workers, peasants and others arrested
or detained under martial law for the exercise of their normal
civil and political rights after the 1988 and 1990 demonstrations
or as a result of the National Convention should be immediately
released. The Government should also ensure that there are no
acts of intimidation, threats or reprisal against them or their
families and should take appropriate measures to compensate all
those who have suffered arbitrary arrest or detention.
82. Constitutionality and the rule of law should be
re-established and orders and decrees should no longer be the
basis of law. All laws rendering violations of human rights
legitimate should be repealed urgently and all laws should be
given due publicity. The laws in Myanmar should be brought into
conformity with international standards regarding the rights
relating to protection of physical integrity, including the right
to life, protection against disappearance, prohibition of
torture and cruel, inhuman or degrading treatment, providing
humane conditions for all persons under detention and ensuring
the minimum standards of judicial guarantees.
83. Particular attention should be given to conditions in the
country's prisons and all the necessary steps taken to allow
international humanitarian organizations to have access thereto
and to communicate freely and confidentially with prisoners.
84. Urgent steps should be taken to facilitate and guarantee the
enjoyment of the freedoms of opinion, expression and association,
in particular by decriminalizing the expression of opposition
views and by relinquishing government controls over the media and
literary and artistic works.
85. Restrictions relating to the entry and exit of citizens into
and out of the country, as well as their movement within the
country, should be abolished.
86. All discriminatory policies which interfere with the free and
equal enjoyment of property should cease and adequate
compensation should be paid to those who have been arbitrarily or
unjustly deprived of their property.
87. The Government of Myanmar should fulfil its obligations under
ILO Convention No. 87 concerning Freedom of Association and
Protection of the Right to Organize of 1948. In compliance with
this Convention, it should guarantee by law the right of trade
unions to exist and operate freely. In that respect, the
Government of Myanmar is encouraged to cooperate more closely
with the ILO through a technical cooperation programme so that
the very serious discrepancies between the law and the practice
on the one hand, and the Convention on the other hand, are
eliminated urgently.
88. The Government of Myanmar is urged to comply with its
obligations under ILO Convention No. 29, prohibiting the practice
of forced labour. In this connection, the Government of Myanmar
should urgently take the appropriate measures to repeal the
offending legal provisions under the Village Act and the Towns
Act to halt the practice of forced labour. The Government of
Myanmar is encouraged to cooperate with the Commission of
Inquiry established by the ILO.
89. Urgent steps should be taken to put an end to the enforced
displacement of persons and to create appropriate conditions to
prevent the flow of refugees to neighbouring States. In the event
that the relocation of villagers becomes necessary in
circumstances which are in conformity with international norms,
proper consultations should take place with the villagers,
including the payment of appropriate compensation, reviewable by
independent courts, and the taking of measures to ensure
that food, housing facilities, proper medical care and social
amenities, including appropriate arrangements for the education
of children, are provided in adequate measure in the interest of
the displaced persons.
90. The Government of Myanmar should refrain from actions which
contribute to insecurity affecting the population, such as the
use of military force and bombardments against civilian targets
along the border with Thailand. In this regard, given the great
number of allegations of summary or arbitrary executions and
other grave human rights violations, particularly in areas where
ethnic minorities live or to which they are being forcibly
displaced, it is of the utmost importance that the new government
conduct a high-level inquiry with broad terms of reference,
specifically to gauge the extent of the violations and to propose
remedial measures.
91. In order to promote repatriation of the Myanmar Muslims and
other minorities, the Government should create the necessary
conditions of respect for their human rights. The Government
should ensure, in law and in practice, their safe return and
resettlement in their villages of origin. To this end, it should
also promote their complete civil, political, social, economic
and cultural participation in Myanmar without restriction or
discrimination.
92. The laws relating to citizenship should be revised in order
to ensure that they have no unfavourable incidence on the
exercise of civil and political rights and to be consistent with
generally accepted norms. In particular these laws should be
substantially revised so as to remove all discriminatory features
based on ethnicity, legal status and adverse impact on the
right of children to have a nationality. Further, necessary
measures should be adopted by the administration to ensure that
citizenship can be obtained without burdensome and unrealistic
administrative procedures and requirements. These laws should
also be brought into conformity with the principles embodied in
the 1961 Convention on the Reduction of Statelessness.
Consideration should also be given by Myanmar to ratify that
Convention as well as the 1951 Convention relating to the Status
of Refugees and its 1967 Protocol.
93. Military and law enforcement personnel, including prison
guards, should be thoroughly trained and informed as to their
responsibility to treat all persons in full accordance with
international human rights norms and humanitarian law. Such
standards should be incorporated in Myanmar law, including the
new constitution to be drafted.
94. Given the magnitude of the abuses, the Government should
subject all officials committing human rights abuses and
violations to strict disciplinary control and punishment and put
an end to the culture of impunity that prevails at present in the
public and military sectors.
95. The Government of Myanmar is urged to fulfil in good faith
the obligations it has assumed under Articles 55 and 56 of the
Charter of the United Nations to take joint and separate action
in cooperation with the Organization for the achievement of
universal respect for, and observance of, human rights and
fundamental freedoms for all without distinction as to race, sex,
language or religion. In this respect, the Special Rapporteur
wishes to encourage the Government of Myanmar to adopt, as one of
the basic constitutional principles, the provisions of the
Universal Declaration of Human Rights, a copy of which should be
made widely available in the main languages spoken in Myanmar.
96. The Government of Myanmar should consider accession to the
International Covenants on Human Rights, the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, and the two Protocols Additional to the Geneva
Conventions of 1949. In the meantime, it should ensure that the
principles proclaimed in those international instruments are
applied, in order to evidence a firm commitment to the
promotion and protection of human rights without discrimination
of any kind.
97. The Government of Myanmar should take early steps to amend
all existing laws, orders or decrees in order to ensure that its
international obligations with regard to the rights of women are
effectively implemented, including by the adoption of
administrative and other measures as well as the allocation of
sufficient funds. In addition, in the drafting of a new
constitution, steps should be taken to ensure that the rights of
women with regard to equality and non- discrimination are
guaranteed by the enactment of basic provisions.