1995 U.N.COMMISSION ON HUMAN RIGHTS

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Subject: 1995 U.N.COMMISSION ON HUMAN RIGHTS RESOLUTION ON BURMA

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/* --------------" 95'CHR Resolution on Burma "---------------- */




COMMISSION ON HUMAN RIGHTS
Fifty-first session
30 January - 10 March 1995

1995/72. Situation of human rights in Myanmar
         ------------------------------------

The Commission on Human Rights,

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 Naions and as 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 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 the government,

Noting with particular concern: in this regard that the
electoral process initiated im Myanmar by the general elections
of 27 May 1990 has not yet reached its conclusion and that the
Government still has not implemented its commitments to take all
necessary steps towards democracy in the light of those
elections,

Deploring: that many political leaders, in particular elected
representatives, remain deprived of their liberty and that Daw
Aung San Suu Kyi, a Noble Peace Prize laureate, is still under
house arrest, which has recently been extended, and, while
acknowledging the recent release of a substantial number of
political prisoners, notes with dismay that in many cases their
release was on condition that they not resumenpolitical
activity,

Noting: the measures taken by the Govenment of Myanmar,
including its accession to the Geneva Conventions of 12 August
1949 for the protection of war victims, the concluding
cease-fire agreements with ethnic groups, the withdrawal of
several reservations it had entered concerning the Convention on
the Rights of the Child and the freeing of certain number of
political prisoners, in response to the concerns repeatedly
expressed by the international community,

Gravely concerned: by the recent offensive against the Karen
National Union, Burmese student activists and other groups of
the political opposition, and by the resulting exodus of
refugees into Thailand,

Condemning: the Government of Thailand ofr its humanitarian
action in receiving the refugees fleeing from the fighting, and
encouraging the Government of thailand to wark closely with the
Office of the United Nations High Commissioner for Refuges,

Gravely concerned: at the violations of human rights in Myanmar,
which remain extremely serious, in particular the practice of
torture, summary and arbitrary executions, forced labour,
including forced portering for the military, abuse of women,
politically motivated arrests and detention, forced displacement
of the population, the existence of important restrictions on
the exercise of fundamental freedoms, including the freedom of
expressions and association, and the imposition of oppressive
measures directed, in particular, at ethnic and religious
minority groups,

Noting: that many violations directly affect women, in
particular women belonging to minorities, who have suffered
ill-treatment, especially at the hands of the military, as
stated by the Special Rapporteur,

Noting also: that these violetions have resulted in flows of
refugees towards neighbouring countries,

Commending: however, the existing cooperation between the
Government of Myanmar and the United Nations High Commissioner
for Refugees on the free and voluntary repatriatiion of refugees
located in Bangladesh, and their rehabilitation and
reintegration, and encouraging the Government of MYanmar to
pursue this cooperation,

Having examined: the reports of the Working Group on Arbitrary
Detention (E/CN.4/1995/31 and Add.1-2), the Special Rapporteru
on the question of religious intolerance (E/CN.4/1995/91) and
the Special Rapporteur on extrajudicial, summary or arbitrary
executions (E/CN.4/1995/61),

Recalling: its resolution 1992/58 of 3 March 1992, in which it
decided to nominate a special rapporteur to establish direct
contacts with the Government and 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,

Recalling also: its resolution 1994/85 of 9 March 1994,

Taking note: of General Assembly resolution 49/197 of 23
December 1994,

Noting that: the Special Rapporteur visited Myanmar in November
1994 at the invitation of the Government of Myanmar,

Deploring:,however, that in spite of resolution 1993/73
requesting the Myanmar authorities to extend their full and
unreserved cooperation to the Special Rapporteur, he has been
denied access to Daw Aung San Suu Kyi,

Taking note: of the request by the General Assembly to the
Secretary-General to continue his discussions with the
Government of Myanmar  in order to assist in the implementation
of Assembly resolution 49/197 of 23 December 1994, as well as in
efforts by the Government to achieve national reconciliation,

Welcoming: the discussions held to date between the
representatives of the Government of MYanmar and the
representatives of the Secretary-General,

Regretting: thatthe representatives of the Secretary-General
have not been given access to Daw Aung San Suu Kyi,

Reaffirming: that Daw Aung San Suu Kyi, a Nobel Peace Prize
laureate, mst be released immediately and unconditionally along
with all other persons detained for political reasons,

1. Expresses its thanks: to the Special Rapporteur for his
report (E/CN.4/1995/65 and Corr.1) and the conclusions and
recommendations containde therein;

2. EXpresses its appreciation: to the Secretary-General for his
report on his mission of good offices in Myanmar
(E/CN.4/1995/150);

3. Deplores: the continuing serious violations of human rights
in Myanmar and, in particular, the fact that a number of
political leaders, including Daw Aung Kan Suu Kyi and other
leaders of the National Leagur for Democracy , remain deprived
of their liberty;

4. Strongly urges: the Government of MYanmar to release
immediately and unconditionally the Nobel Peace Prize laureate
Daw Aung San Suu Kyi, detained with trial for more than five
years, as well as other detained political leaders and all
political prisoners, to ensure their physical integrity and to
permit them to participate in the process of national
reconciliation;

5. Commends: the recent meetings between Myanmar government
representatives and the Nobel Peace Prize laureate, Daw Aung San
Suu Kyi, and urges the Government of Myanmar to open a
substantial political dialogue with her and with other political
leaders, including representatives of ethnic groups, as the best
means to arrive at national reconciliation and the complete and
rapid installation of democracy;

6. Deplores:, in consequence, the military offensive carried out
by the Government of MYanmar against the Karen National Union,
Burmese students activists andother groups of the political
opposition, which is incompatible with the Government's dclared
policy of national reconciliation;

7. Welcomes the recent discussions between the representatives
of the Government of MYanmar and the Secretary-General, and
encourages the Government to continue to cooperate with the
Secretary-General,

8. Again urges: the government of MYanmar to take, in conformity
with the assurances given at various times, all necessary
measures to guarantee democracy in full accordance with the will
of the people as expressed in the democratic elections held in
1990, and to ensure that all political parties may freely
exercise their activities;

9. Notes with concern: that most of the representatives
democratically elected in 1990 have been excluded from
participating in the meetings of the National Convention, that
severe restrictions have been imposed on delegates, including
members of the National League for Democracy, who are unable to
meet or distribute their literature, that one of the objectives
of the Convention is to maintain the participation of the armed
forces(Tatmadaw) in a leading role in the future political like
of the State and that no timetable as yet exists for the
completion of the work of the National convention, and concludes
that the National Convention does not appear to constitute the
necessary steps towards the restoration of democracy;

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 the democratically-elected representatives,
lifting restraining orders placed on anumber of political
leaders, releasing those who are detainde and ensuring that all
political parties can function freely;

11. Strongly urges: the Government of Myanmar to guarantee full
respect for human rights and fundamental freedoms, in particular
the freedom of expression and opinion and the right of
association and of assembly, to restore protection of persons
belonging to minority groups, in particular against
discrimination, especially in the framework of the citizenship
laws, and to put an end to violations of the right to life and
the integrity of the human being, to the practice of torture,
abuse of women and forced labour, to enforced displacements of
the population and to enforced disappearances and eummary
executions;

12. Reminds: the Government of Myanmar of its obligations to put
an end to the impunity of perpetrators of violations of human
rights, including members of the military, and its
responsibility to investigate alleged cased of human rights
violations committed by its agents on its territory, to bring
them to justice, prosecute them and punish those found guilty,
in all circumstances;

13. 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, and persons condemned in
particular for seeking to meet with the Special Rapporteur;

14. Welcomes: the recent release of a certain number of
political prisoners, but at the same time deeplly regrets that
many political leaders are still deprived of their freedom and
their fundamental rights;

15. Call upon: the government of Myanmar to consider becoming a
party to the International Covenent on Civil and Political
Rights and the International Covenant on Economic, Social and
Cultural Rights, and to the convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment;

16. Appeals: to the Government of Myanmar to fulfill 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 Organise Convention 1948 (No. 87) of the
International Labour Organization;

17. Encourages: the government of Myanmar to continue to lift
the remaining emergency measures;

18. Requests the Government of Myanmar to ensure that all
persons, without discrimination, are afforded the minimum
guarantees for a fair trial, according to due process of law and
in conformity with applicable international standards, theat
laws are given due publicity and that the principle of
non-retroactivity of laws is respected;

19. Encourages: the Government of MYanmar to create the
necessary conditions to facilitate the voluntary repatriation of
refugees and their full reintegration, in conditions of safety
and dignity, in close cooperation with the Office of the United
Nations High Commissioner for Refugees;

20. Invites: the Government of Myanmar to respect fully its
obligations under the Geneva conventions of 12 August 1949, and
to avail itself of such services as may be offered by impartial
humanitarian bodies;

21. Stresses: that it is important for the Government of Myanmar
to give particular attention to prison conditions in the
country's jail and to allow international humanitarian
organizations to communicate freely and confidentially with
prisoners;

22. Welcomes: the first measures taken by the government of
Myanmar to provide for the training of military personnel in
international humanitarian law, and requests it to intensify its
efforts in that regard and to extend them to police and prison
personnel;

23. Decides to extend for one year the mandate of the Special
Rapporteur to establish or continue direct contacts with the
Government and people of Myanmar, including political leaders
deprived of their liberty, their families and their lawyers, and
requests him to report to the General Assembly at its fiftieth
session and to the commission on Human Rights at its
fifty-second session.

24. Requests: the Secretary-General to give all necessary
assistance to the Special Rapporteur;

25. Urges: the Government of Mynamar to cooperate fully and
unreservedly with the Commission and the Special Rapporteur and,
to that end, to ensure that the Special Rapporteur effectively
ahs free access to any person  in MYanmar whom he may deem it
appropriate to meet in the performance of his mandate, including
Daw Aung San Suu Kyi;

26. Encourages: the Secretary-General, in the discharge of his
good offices mandate, to continue his discussions with the
Government of MYanmar in order to assist in the implementation
of General Assembly resolution 49/197, as well as in its efforts
for national reconciliation and towards the resumption of
democracy;

27. Decides: to keep the matter under review at its fifty-second
session under the agenda item entitled "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";

28. Recommends: the following draft decision to the Economic and
Social council for adoption:

    " The Economic and Social council, taking note of Commission
    on Human Rights resolution 1995/72 of 8 March 1995, approves
    the Commission's decision to extend for one year the mandate
    of the Special Rapporteur to establish or continue contacts
    with the Government and people of Myanmar, including
    political leaders deprived of their liberty, their families
    and their lawyers, and its request to him to report to the
    General Assembly at its fiftieth session and to the
    commission on Human Rights at its fifty-second session, and
    also approves the Commission's request to the
    Secretary-General to give all necessary assistance to the
    Special Rapporteur."

60th meeting: 8 March 1995
[Adopted without a vote. See chap. XII.]

ENDS\