[Date Prev][Date Next][Thread Prev][Thread Next][Date Index ][Thread Index ]

ANALYSIS OF THE UNGA RESOLUTION



                 ANALYSIS OF THE UN GENERAL ASSEMBLY'S 
                        1995 RESOLUTION ON BURMA
                 AND COMPARISON WITH THE 1994 RESOLUTION
 
 
1. Commentary
2. Comparison of 1995 and 1994 resolutions
3. Text of 1995 resolution
4. Text of 1994 resolution
5. Text of Madeleine Albright's statement
 
 
1. COMMENTARY
 
Summary: This year's GA resolution on Burma is stronger than
those of previous years, but it fails to respond adequately to
the recent political initiatives of the National League for
Democracy (NLD) or the threats made by the Burmese military
against the NLD.
 
This is the fifth consensus resolution on Burma adopted by the
General Assembly since 1991. Each resolution has been stronger
than the previous year's, and the 1995 text is no exception.
A paragraph-by-paragraph comparison with last year's resolution
(see below) shows that both on a political and a human rights
level, this year's resolution is stronger. 
 
What makes it appear weaker is the fact that the political
reality has moved on, and the UN, not the speediest beast at the
best of times, has not kept up. Since Aung San Suu Kyi's release
last July, it is the Burmese people, represented by the NLD, who
have taken the lead in moving forward the democratic process. The
NLD's withdrawal from the National Convention (an illegal body
set up by the military to institutionalise its hold on power)
severs whatever links there may have been between that body and
the popular will expressed in the 1990 elections. 
 
The UN has a schizophrenic view of the National Convention not
unrelated to the World Body's dual nature as the protector of
international law and as a somewhat unruly collection of
governments, each with its own agenda. On the one hand, the UN
resolutions have consistently recognised that it is those duly
elected in 1990 who represent the Burmese people and should form
the Burmese government; the resolutions speak, for instance, of
restoration of democracy "in the light of the elections held in
1990". On the other, political, hand, the UN has been reluctant
to condemn the National Convention utterly in the hope that,
illegal and undemocratic though it is, the process might somehow
lead to a workable compromise between the military and civilian
leaders. There may also have been the idea that as long as the
generals are busy trying to persuade the world that their
National Convention is a legal body, they are less likely to
repeat the bloodbath of 1988. The participation of the NLD in the
National Convention helped the UN continue this schizophrenic
course. The NLD withdrawal should have simplified matters and
allowed the UN to issue a plain condemnation of the National
Convention as a totally illegal entity. But Japan and Singapore,
two of the junta's closest commercial partners, happened this
year to be on the five-nation drafting group for the Burma
resolution, and would not allow any language into the resolution
that might threaten their protege's attempt to construct a facade
of legality.
 
Other factors not dealt with by the resolution such as its
failure to refer to the ILO Special Paragraphs on forced labour
and lack of freedom of association, the spurious nature of the
cease-fire "agreements", and in particular the junta's threats
against the NLD are mentioned by Madeleine Albright in her 11
December statement to the Third Committee, reproduced below. 
 
*****************************************************************
 
2. COMPARISON OF THE 1995 AND 1994 UN GENERAL ASSEMBLY
RESOLUTIONS ON THE SITUATION OF HUMAN RIGHTS IN MYANMAR
 
 
IN THE PREAMBULAR SECTION OF THE 1995 RESOLUTION (11 paragraphs):
 
Eight paras are essentially the same as last year's (some with
inessential changes like date etc)
 
One is new and positive to SLORC (PP 8)
 
One is new and negative to SLORC (PP 7)
 
One is stronger (PP 9), containing the important new reference to
human rights violations on development projects.
 
In addition, 
 
a)  the juxtaposition of PP6 and PP7 undermines the status of the
National Convention, since the "recent developments" referred to,
ie the withdrawal from the National Convention of the party which
won those elections, reduces to zero any link between the
National Convention and the popular will expressed in 1990.
 
b) The juxtaposition of PP8 and PP9 and the use of "however",
serve to weaken the "welcoming" by immediately listing the
continuing human rights violations.
 
 
IN THE OPERATIVE SECTION (20 paragraphs):   
 
Eleven paragraphs are essentially the same
     
Two new SLORC-positive paragraphs (4 and 17)
 
Two new SLORC-negative paragraphs (5 and 16); 16 replaces the
reference in last year's resolution to the attack on Halockani,
and is more strongly-worded -- "grave concern" in place of
"concern".
 
Four paragraphs are strengthened (in 6, "urges" is a stronger
word than "encourages" used in last year's text; in 9, the
time-line referring to the National Convention is removed and a
new clause critical of the National Convention is added; in 11,
the word "strongly" is added before "urges"; and in para 18 the
word "voluntary" is introduced.
 
One paragraph from the 1994 resolution and a number of sections
of paragraphs are removed for reasons of distance in time, or
replaced with paragraphs of similar or stronger language, eg para
16. 
 
 
David Arnott, Burma Peace Foundation 12 December 1995
 
*****************************************************************
 
3. FULL TEXT OF THE 1995 RESOLUTION
 
 
UNITED NATIONS
GENERAL ASSEMBLY
 
Fiftieth session (1995)
Third Committee
A/C.3/50/L.52 (as orally amended)
Agenda item 112 (c)
 
                   Situation of human rights in Myanmar
 
The General Assembly,
 
PP1*.     Reaffirming that all Member States have an obligation
to promote and protect human rights and fundamental freedoms as
stated in the Charter of the United Nations and elaborated in the
Universal Declaration of Human Rights, [1] the International
Covenants on Human Rights [2] and other applicable human rights
instruments,
 
PP2.      Aware that, in accordance with the Charter, the
Organization promotes and encourages respect for human rights and
fundamental freedoms for all and that the Universal Declaration
of Human Rights states that "the will of the people shall be the
basis of the authority of government", 
 
PP3.      Recalling its resolution 49/197 of 23 December 1994,
 
PP4.      Recalling also Commission on Human Rights resolution
1992/58 of 3 March 1992, [3] in which the Commission, inter alia,
decided to nominate a special rapporteur to establish direct
contacts with the Government and with the people of Myanmar,
including political leaders deprived of their liberty, their
families and their lawyers, with a view to examining the
situation of human rights in Myanmar and following any progress
made towards the transfer of power to a civilian Government and
the drafting of a new constitution, the lifting of restrictions
on personal freedoms and the restoration of human rights in
Myanmar,
 
PP5.      Recalling further Commission on Human Rights resolution
1995/72 of 8 March 1995, [4] in which the Commission decided to
extend for one year the mandate of the Special Rapporteur, 
 
PP6.      Gravely concerned that the Government of Myanmar still
has not implemented its commitments to take all necessary steps
towards democracy in the light of the results of the elections
held in 1990,
 
PP7.      Noting recent developments regarding the composition of
the National Convention,
 
PP8.      Welcoming the release without conditions of Nobel Peace
Prize Laureate Aung San Suu Kyi on 10 July 1995, as well as of a
number of other political prisoners, as called for by the General
Assembly,
 
PP9.      Gravely concerned, however, at the continued violations
of human rights in Myanmar, as reported by the Special
Rapporteur, including killings of civilians, arbitrary arrest and
detention, restrictions on freedoms of expression and
association, torture, forced labour, forced portering, human
rights abuses in border areas in the course of military
operations, forced relocations and development projects, abuse of
women and the imposition of oppressive measures directed in
particular at ethnic and religious minorities,
 
PP10.     Welcoming the continued cooperation between the
Government of Myanmar and the Office of the United Nations High
Commissioner of Refugees on the voluntary repatriation of
refugees from Bangladesh to Myanmar,
 
PP11.     Noting, however, that the human rights situation in
Myanmar has resulted in flows of refugees to neighbouring
countries, thus creating problems for the countries concerned, 
 
 
 
     1.   Expresses its appreciation to the Special Rapporteur of
the Commission on Human Rights for his interim report on the
situation of human rights in Myanmar; [5]
 
     2.   Also expresses its appreciation to the Secretary-
General for his report; [6]
 
     3.   Deplores the continued violations of human rights in
Myanmar;
 
     4. Welcomes the release without conditions of Nobel Peace
Prize Laureate Aung San Suu Kyi and other prominent political
leaders;
 
     5. Strongly urges the Government of Myanmar to release
immediately and unconditionally detained political leaders and
all political prisoners, to ensure their physical integrity and
to permit them to participate in the process of national
reconciliation;
 
     6. Urges the Government of Myanmar to engage, at the
earliest possible date, in a substantive political dialogue with
Aung San Suu Kyi and other political leaders, including
representatives from ethnic groups, as the best means of
promoting national reconciliation and the full and early
restoration of democracy;
 
     7.  Welcomes the discussions between the Government of
Myanmar and the Secretary-General, and further encourages the
Government of Myanmar to continue to cooperate fully with the
Secretary-General;
 
     8.   Again urges the Government of Myanmar, in conformity
with its assurances given at various times, to take all necessary
steps towards the restoration of democracy in accordance with the
will of the people as expressed in the democratic elections held
in 1990 and to ensure that political parties can function freely;
 
     9.   Expresses its concern that most of the representatives
duly elected in 1990 are still excluded from participating in the
meetings of the National Convention, created to prepare basic
elements for the drafting of a new constitution, and that one of
its objectives is to maintain the participation of the armed
forces in a leading role in the future political life of the
State, and notes with concern that the working procedures of the
National Convention do not permit the elected representatives of
the people freely to express their views;
 
     10.   Strongly urges the Government of Myanmar to take all
appropriate measures to allow all citizens to participate freely
in the political process in accordance with the principles of the
Universal Declaration of Human Rights and to accelerate the
process of transition to democracy, in particular through the
transfer of power to democratically elected representatives;
 
     11.  Also strongly urges the Government of Myanmar to ensure
full respect for human rights and fundamental freedoms, including
freedom of expression and assembly, and the protection of the
rights of persons belonging to ethnic and religious minorities,
and to put an end to violations of the right to life and
integrity of the human being, to the practices of torture, abuse
of women, forced labour and forced relocations, and to enforced
disappearances and summary executions;
 
     12.  Appeals to the Government of Myanmar to consider
becoming a party to the International Covenant on Civil and
Political Rights [2] and the International Covenant on Economic,
Social and Cultural Rights [2] and to the Convention against
Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment; [7]
 
     13.  Urges the Government of Myanmar to fulfil its
obligations as a State party to the Forced Labour Convention,
1930 (No. 29) and to the Freedom of Association and Protection of
the Right to Organize Convention, 1948 (No. 87) of the
International Labour Organization;
 
     14.  Stresses the importance for the Government of Myanmar
to give particular attention to conditions in the country's jails
and to allow the International Committee of the Red Cross to
communicate freely and confidentially with prisoners; 
 
     15.  Calls upon the Government of Myanmar to respect fully
the obligations of the Geneva Conventions of 12 August 1949, [8]
and to make use of such services as may be offered by impartial
humanitarian bodies;
 
     16.  Expresses its grave concern at the attack by Myanmar
army soldiers on the Karens and Karennis during the past year,
resulting in further refugee flows to a neighbouring country
 
     17. Welcomes the cessation of hostilities following the
conclusion of cease-fire agreements between the Government of
Myanmar and several ethnic groups;
 
     18.  Encourages the Government of Myanmar to create the
necessary conditions to ensure an end to the flows of refugees to
neighbouring countries and to create conditions conducive to
their voluntary return and their full reintegration, in
conditions of safety and dignity;
 
     19.  Requests the Secretary-General to continue his
discussions with the Government of Myanmar in order to assist in
the implementation of the present resolution and in its efforts
to achieve national reconciliation, and to report to the General
Assembly at its fifty-first session and to the Commission on
Human Rights at its fifty-second session;
 
     20.  Decides to continue its consideration of this question
at its fifty-first session.
 
 
                       NOTES (Footnotes in original)
 
[1]  Resolution 217 A (III).
 
[2]  Resolution 2200 A (XXI), annex.
 
[3]  Official Records of the Economic and Social Council, 1992,
Supplement No. 2 (E/1992/22), chap. II, sect. A.
 
[4]  Ibid., 1995, Supplement No. 3 and corrigenda (E/1995/23 and
Corr.1 and 2), chap. II, sect. A.
 
[5]  A/50/568
 
[6]  A/50/782
 
[7]  Resolution 39/46, annex.
 
[8]  United Nations, Treaty Series, vol. 75, Nos. 970-973
 
 .................................................................
This resolution was adopted by consensus by the Third Committee
of the UN General Assembly on 11 December 1995. The official date
will be the date of its ratification by the GA Plenary.
 
_________________________________________________________________
 
* The numbering of the preambular paragraphs PP1, PP2 etc is
added for ease of reference, and is not in the original. The
numbering in the operative section, i, 2, 3, etc. is in the
original
 
 
*****************************************************************
 
4. FULL TEXT OF THE 1994 GA RESOLUTION 
 
 
UNITED NATIONS
GENERAL ASSEMBLY
REGISTER
GENERAL
 
 
Forty-ninth session
Agenda item 100 (c)
 
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[on the report of the Third Committee (A/49/610/Add.3)]
 
49/197.   Situation of human rights in Myanmar
 
The General Assembly,
 
     Reaffirming that all Member States have an obligation to
promote and protect human rights and fundamental freedoms as
stated in the Charter of the United Nations and elaborated in the
Universal Declaration of Human Rights, [1] the International
Covenants on Human Rights [2] and other applicable human rights
instruments,
 
     Aware that, in accordance with the Charter, the Organization
promotes and encourages respect for human rights and fundamental
freedoms for all and that the Universal Declaration of Human
Rights states that "the will of the people shall be the basis of
the authority of government", 
 
     Recalling its resolution 48/150 of 20 December 1993,
 
     Recalling also Commission on Human Rights resolution 1992/58
of 3 March 1992, [3] in which the Commission, inter alia, decided
to nominate a special rapporteur to establish direct contacts
with the Government and with the people of Myanmar, including
political leaders deprived of their liberty, their families and
their lawyers, with a view to examining the situation of human
rights in Myanmar and following any progress made towards the
transfer of power to a civilian Government and the drafting of a
new constitution, the lifting of restrictions on personal
freedoms and the restoration of human rights in Myanmar,
 
     Taking note of Commission on Human Rights resolution 1994/85
of 9 March 1994, [4] in which the Commission decided to extend
for one year the mandate of the Special Rapporteur, 
 
     Gravely concerned that the Government of Myanmar still has
not implemented its commitments to take all necessary steps
towards democracy in the light of the results of the elections
held in 1990,
 
     Gravely concerned also at the continued violations of human
rights in Myanmar, as reported by the Special Rapporteur, in
particular summary and arbitrary executions, torture, forced
labour and forced relocations, abuse of women, politically
motivated arrests and detentions, restrictions on fundamental
freedoms, including the freedom of expression and assembly, and
the imposition of oppressive measures directed in particular at
ethnic and religious minorities,
 
     Noting that the human rights situation in Myanmar has
consequently resulted in flows of refugees to neighbouring
countries, thus creating problems for the countries concerned,
 
     Noting also the measures taken by the Government of Myanmar,
including its accession to the Geneva Conventions of 12 August
1949 [5] for the protection of victims of war, the conclusion of
cease-fire agreements with several groups of ethnic and religious
minorities in Myanmar, the withdrawal of its reservations to the
Convention on the Rights of the Child [6]  and the release of a
number of political prisoners in response to the concerns
expressed by the international community, including the General
Assembly and the Commission on Human Rights,
 
     Welcoming the cooperation between the Government of Myanmar
and the Office of the United Nations High Commissioner for
Refugees on the voluntary repatriation of refugees from
Bangladesh to Myanmar,
 
 
     1.   Expresses its appreciation to the Special Rapporteur of
the Commission on Human Rights for his interim report; [7]
 
     2.   Also expresses its appreciation to the Secretary-
General for his report; [8]
 
     3.   Deplores the continued violations of human rights in
Myanmar;
 
     4.   Repeats its call on the Government of Myanmar to
release unconditionally and immediately the Nobel Peace Prize
Laureate Aung San Suu Kyi, who is now in her sixth year of
detention without trial, and other political leaders and
remaining political prisoners;
 
     5.   Welcomes the recent meetings between the Government of
Myanmar and Nobel Peace Prize Laureate Aung San Suu Kyi, and
encourages the Government of Myanmar to engage in a substantive
political dialogue with Aung San Suu Kyi and other political
leaders, including representatives from ethnic groups, as the
best means of promoting national reconciliation and the full and
early restoration of democracy;
 
     6.   Also welcomes the recent discussions between the
Government of Myanmar and the Secretary-General, and further
encourages the Government of Myanmar to continue to cooperate
fully with the Secretary-General;
 
     7.   Again urges the Government of Myanmar, in conformity
with its assurances given at various times, to take all necessary
steps towards the restoration of democracy in accordance with the
will of the people as expressed in the democratic elections held
in 1990 and to ensure that political parties can function freely;
 
     8.   Notes with concern that most of the representatives
duly elected in 1990 are still excluded from participating in the
meetings of the National Convention, created to prepare basic
elements for the drafting of a new constitution, and that one of
its objectives is to maintain the participation of the armed
forces in a leading role in the future political life of the
State, and notes also that there is as yet no process or
timetable for concluding the National Convention;
 
     9.   Strongly urges the Government of Myanmar to take all
appropriate measures to allow all citizens to participate freely
in the political process in accordance with the principles of the
Universal Declaration of Human Rights and to accelerate the
process of transition to democracy, in particular through the
transfer of power to democratically elected representatives;
 
     10.  Urges the Government of Myanmar to ensure full respect
for human rights and fundamental freedoms, including freedom of
expression and assembly, and the protection of the rights of
persons belonging to ethnic and religious minorities, and to put
an end to violations of the right to life and integrity of the
human being, to the practices of torture, abuse of women, forced
labour and forced relocations, and to enforced disappearances and
summary executions;
 
     11.  Appeals to the Government of Myanmar to consider
becoming a party to the International Covenant on Civil and
Political Rights [2] and the International Covenant on Economic,
Social and Cultural Rights [2] and to the Convention against
Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment; [9]
 
     12.  Urges the Government of Myanmar to fulfil its
obligations as a State party to the Forced Labour Convention,
1930 (No. 29) and to the Freedom of Association and Protection of
the Right to Organize Convention, 1948 (No. 87) of the
International Labour Organization;
 
     13.  Stresses the importance for the Government of Myanmar
to give particular attention to conditions in the country's jails
and to allow the International Committee of the Red Cross to
communicate freely and confidentially with prisoners; 
 
     14.  Regrets the recent harsh sentences meted out to a
number of dissidents, including persons voicing dissent with
regard to the procedures of the National Convention and persons
sentenced, inter alia, for seeking to communicate with the
Special Rapporteur; 
 
     15.  Also regrets that, while a certain number of political
prisoners have been released, many political leaders are still
deprived of their freedom and their fundamental rights;
 
     16.  Calls upon the Government of Myanmar to respect fully
the obligations of the Geneva Conventions of 12 August 1949, [5]
in particular the obligations in article 3 common to the
Conventions, and to make use of such services as may be offered
by impartial humanitarian bodies;
 
     17.  Expresses its concern at the attack by Myanmar army
soldiers on the civilian refugee camp at Halockhani on 21 July
1994;
 
     18.  Encourages the Government of Myanmar to create the
necessary conditions to ensure an end to the flows of refugees to
neighbouring countries and to facilitate their speedy
repatriation and their full reintegration, in conditions of
safety and dignity;
 
     19.  Requests the Secretary-General to continue his
discussions with the Government of Myanmar in order to assist in
the implementation of the present resolution and in its efforts
to achieve national reconciliation, and to report to the General
Assembly at its fiftieth session and to the Commission on Human
Rights at its fifty-first session;
 
     20.  Decides to continue its consideration of this question
at its fiftieth session.
 
 
                       NOTES (Footnotes in original)
 
[1]  Resolution 217 A (III).
 
[2]  Resolution 2200 A (XXI), annex.
 
[3]  See Official Records of the Economic and Social Council,
1992, Supplement No. 2 (E/1992/22), chap. II, sect. A.
 
[4]  Ibid., 1994, Supplement No. 4 and corrigendum (E/1994/24 and
Corr.1), chap. II, sect. A.
 
[5]  United Nations, Treaty Series, vol. 75, Nos. 970-973.
 
[6]  Resolution 44/25, annex.
 
[7]  A/49/594 and Add.1, annex.
 
[8]  A/49/716.
 
[9]  Resolution 39/46, annex.
 
94th plenary meeting   
23 December 1994
 
*****************************************************************
 
                             5. STATEMENT BY 
                   AMBASSADOR MADELEINE K. ALBRIGHT, 
           UNITED STATES REPRESENTATIVE TO THE UNITED NATIONS 
                     UNITED NATIONS GENERAL ASSEMBLY
                             THIRD COMMITTEE
                     HUMAN RIGHTS SITUATION IN BURMA
                            DECEMBER 11, 1995
 
Mr Chairman, I appreciate this opportunity to discuss my
Government's decision to join consensus on the resolution
concerning the human rights situation in Burma, despite some
reservations that prevented us from cosponsoring.
 
The resolution reflects a tremendous effort by the Swedish
mission to develop a strong consensus text, and my government
endorses strongly the purposes and recommendations contained in
that text.
 
We join with the other members of this Assembly in urging the
Burmese Government to cease its violations of internationally
recognized human rights. And we urge the government to begin a
substantive political dialogue with Aung San Suu Kyi, other
democratic leaders and representatives of ethnic groups
concerning the future of the country. These recommendations are
at the heart of the Assembly resolution, and we believe the
Government of Burma should respond favorably to them.
 
The United States was not able to cosponsor the resolution
because of three issues that we believe could have been dealt
with more precisely or urgently. 
 
First, we would have tempered the language in paragraph 17, which
welcomes the cessation of hostilities between the Government of
Burma and various ethnic groups, because the Burmese Army has not
fully honored these ceasefires.
 
Second, we believe the resolution should have included language
similar to that adopted by the UN Human Rights Commission last
Spring, encouraging the Secretary-General to hold discussions
with the Burmese Government for the purpose of stimulating
progress towards democratization and national reconciliation.
 
Third, we believe specific mention should have been made of the
International Labor Organization's decision last June to condemn
Burma's continued use of forced labor and forced porterage,
especially of members of ethnic minorities, for military and
civilian infrastructure projects. The ILO recommends, and my
government strongly agrees, that Burma should bring both its laws
and its practices into compliance with internationally recognized
standards of workers' rights.
 
Finally, we believe that more specific and urgent attention
should have been given in the resolution to important events that
occurred in Rangoon near the end of last month. I refer, of
course, to the withdrawal and subsequent expulsion from the
National Convention of delegates from the National League for
Democracy.
 
The Governing State Law and Order Restoration Council, or SLORC,
has asked the world to view the Convention as a representative
mechanism for drafting a new constitution and facilitating a
transition to democracy.  Clearly, it is not that if the National
League for Democracy, which received 60 percent of the votes in
the 1990 election, is not free to participate openly, freely and
without fear of intimidation. We must remember that the SLORC
handpicked all the delegates, greatly under-representing those
from the democratic movement.
 
Following the release from detention last July of Aung San Suu
Kyi, there were hopes that the National Convention would, in
fact, become a meaningful forum for discussion about Burma's
future. Instead, the Government has maintained its habit of rigid
control, and the few representatives of the democratic movement
and of the various ethnic groups have been prohibited from
voicing dissenting views.
 
The SLORC has said that its goals for Burma include economic
prosperity and multiparty democracy. Burma's democratic leaders
share those goals. The General Assembly should continue to
express strong and unyielding support for actions that would
close the great divide that now exists between what the SLORC
professes to want and what it has thus far been prepared to do.
 
In this connection, my Government also wants to express its very
great concern about recent statements from Rangoon that brand
Aung San Suu Kyi and her supporters as "traitors" and speak of
"annihilating" those who criticize the National Convention.  The
SLORC should have no doubt that it will be held responsible for
any actions that result in physical harm or unjust punishment
against those who have simply engaged in the peaceful exercise of
internationally recognized rights.
 
In closing, Mr. President, let me once again congratulate the
Swedish mission for its leadership on this resolution.  Let me
re-state my Government's strong endorsement of its core
recommendations in support of human rights and a substantive
political dialogue.  And let me re-emphasize my Government's
concern about recent events and its hope that the Government of
Burma will reconsider its policies and begin now to move down a
democratic path.
 
Thank you.
 
 .................................................................