GA 2004 (59th Session): Report by the Special Rapporteur on Myanmar (Arabic)

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Summary: The mandate of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar was established by the Commission in its resolution 1992/58 and extended most recently in resolution 2004/61. In that resolution, the Commission requested the Special Rapporteur to submit an interim report to the General Assembly at its fifty-ninth session. The present interim report is based upon information received by the Special Rapporteur up to 30 July 2004 and is to be read in conjunction with his last report to the Commission (E/CN.4/2004/33). Since his last mission to Myanmar in November 2003 the Special Rapporteur has requested from the Government of Myanmar on several occasions its cooperation in returning to the country for a fact-finding mission. However, in spite of the indication of agreement in principle to the Special Rapporteur?s visit, no authorization to visit was received. The Special Rapporteur therefore provides in the present report short updates on the issues he examined during his last visit, based on information collected from other sources. The Special Rapporteur will continue seeking access to Myanmar so as to more fully discharge his mandate. The National Convention was reconvened from 17 May to 9 July 2004. Reviving the National Convention constitutes the first step under the seven-point road map for national reconciliation and democratic transition presented by the Prime Minister, General Khin Nyunt, on 30 August 2003. It was announced by the authorities that the delegates to the new National Convention were expected to frame their suggestions in the context of the six objectives and the 104 principles already laid down during the 1993-1996 Convention. The National Convention was reconvened without the involvement of the National League for Democracy (NLD) and other political parties that won the majority of seats in the 1990 elections. It was attended by 1,076 delegates, compared with the 702 participants at the previous Convention. This increase was largely made up of representatives of ethnic nationalities, including ceasefire groups that emerged in the new political environment created as a result of ceasefire agreements with 17 former armed groups. In terms of potential for conflict resolution, the 2004 National Convention may thus be a unique opportunity for ethnic minorities. The Special Rapporteur notes that the concerns regarding the National Convention process that he expressed in his last report to the Commission have not been addressed and that the necessary steps to ensure minimum democratic conditions for the reconvening of the National Convention have not been taken. The Special Rapporteur reiterates that if the Government wishes to promote a genuine process of political transition, fundamental human rights requirements have to be fulfilled. The Special Rapporteur nevertheless hopes that the final outcome of the National Convention will bring some concrete solutions to the concerns of the entire population of Myanmar. Releasing Daw Aung San Suu Kyi and beginning a substantive dialogue with her and her party, as well as reaching an agreement with ceasefire groups that takes into account their suggestions would contribute to the advancement of the political process. In this respect, the Special Rapporteur appeals to the Government of Myanmar to recognize the role of the Special Envoy of the Secretary-General and the necessity of his return to the country as soon as possible to continue his facilitation efforts, in particular in the context of preparations for the next session of the National Convention. The information received by the Special Rapporteur during the reporting period indicates that the situation with regard to the exercise of basic human rights and fundamental freedoms in Myanmar has not substantially changed. The effects of the events of 30 May 2003 in Depayin have yet to be fully reversed. There remain large numbers of security detainees. The Special Rapporteur has received several reports of continuing arrests and harsh sentences for peaceful political activities; many of the reported cases were raised by the Special Rapporteur in his letters and urgent appeals addressed to the Government of Myanmar. The Special Rapporteur also remains concerned at the practice of administrative detention. There are still restrictions on political activity, with all NLD party offices remaining shut, except for its headquarters in Yangon which was allowed to reopen in April 2004. Despite the restrictions in place, according to recent reports, NLD has been able to conduct some activities. While the extent to which NLD and other political parties will be allowed to conduct peaceful political activities without reprisals remains to be seen, the Special Rapporteur would like to reiterate the view, expressed during his last mission in November, that the implementation of the road map must be accompanied by tangible changes on the ground towards a genuinely free, transparent and inclusive process involving all political parties, ethnic nationalities and members of civil society. Political rights and freedoms must be respected in order to create an enabling environment conducive to a successful democratic transition. The implementation of human rights reforms proposed in his reports and letters to the Myanmar authorities would help create such an environment. During the reporting period, the Special Rapporteur has received credible and detailed reports of human rights violations in certain counter-insurgency areas in Myanmar and hopes that he will be able to clarify those reports during his next mission. He recalls that his request for an independent assessment in Shan State has not yet been answered by the Myanmar authorities. The Special Rapporteur has taken note of the cooperation by the Government of Myanmar with the Committee on the Rights of the Child in the consideration of the second periodic report of Myanmar on the implementation of the Convention on the Rights of the Child. The Special Rapporteur believes that there has been growing appreciation in recent years by the international community of an imperative for humanitarian assistance in Myanmar. In this regard, he welcomes the efforts of the United Nations Country Team in mapping out vulnerabilities in Myanmar with a view to developing a strategic framework for United Nations assistance. In view of the prevailing situation in Myanmar, the conclusions and recommendations given in the previous reports of the Special Rapporteur remain valid.

Source/publisher: 

United Nations (A/59/311)

Date of Publication: 

2004-08-30

Date of entry: 

2004-09-28

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  • Individual Documents

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Language: 

Arabic

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