SPECIAL RAP. ON MYANMAR: PART 1

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       1997 REPORT OF THE SPECIAL RAPPORTEUR ON MYANMAR 
               TO THE COMMISSION ON HUMAN RIGHTS.
                                
           Posted in 3 parts for easier downloading.
                                
                            Part 1 
                                
                            ..........
 
 
UNITED NATIONS
 
Economic and Social Council
 
Distr.
GENERAL
 
E/CN.4/1997/64
6 February 1997
 
COMMISSION ON HUMAN RIGHTS 
Fifty-third 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. Rajsmoor Lallah,
submitted in accordance with Commission on Human Rights
resolution 1996/80
 
 
CONTENTS 
 
Introduction
 
I. ACTIVITIES OF THE SPECIAL RAPPORTEUR
 
II. THE EXERCISE OF CIVIL AND POLITICAL RIGHTS
A. The impact of Myanmar law on human rights
B. Extrajudicial, summary or arbitrary executions
C. Torture and cruel, inhuman or degrading treatment or 
   punishment
D. Due process of law
E. Rights pertaining to democratic governance
F. Measures adversely affecting democratic governance
G. Remedial measures
 
III. THE MISSION TO THAILAND
A. Introduction: The problem of displacement
B. The main causes of displacement
C. Patterns and consequences of displacement
D. Issues of humanitarian law
E. Rights particularly relevant to displaced persons in 
   Myanmar
F. Remedial measures
 
IV. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
B. Recommendations
 
 
                           Introduction
 
The mandate of the Special Rapporteur of the Commission on
Human Rights on the situation of human rights in Myanmar has
been described in each of the Special Rapporteur's previous
reports to the General Assembly (A/47/651, A/48/578, A/49/594,
A/50/568 and A/51/466) and to the Commission on Human Rights
(E/CN.4/1993/37, E/CN.4/1994/57, E/CN.4/1995/65 and
E/CN.4/1996/65).
 
The mandate, initially articulated in Commission resolution
1992/58 and extended most recently by the Commission in
resolution 1996/80 of 23 April 1996 (approved by the Economic
and Social Council in its decision 1996/285 of 24 July 1996),
required the Special Rapporteur to establish or to continue
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. In resolution 1996/80, the Commission
urged the Government of Myanmar to cooperate fully and
unreservedly with the Commission and the Special Rapporteur
and, to that end, to ensure that the Special Rapporteur
effectively had free access to any person in Myanmar whom he
might deem it appropriate to meet in the performance of his
mandate, including Daw Aung San Suu Kyi; requested the
Secretary-General to give All necessary assistance to the
Special Rapporteur; and requested the Special Rapporteur
to report to the General Assembly at its fifty-first session
and to the Commission at its fifty-third session.
 
On assuming his mandate, the present Special Rapporteur has
tried to identify the priority concerns of the international
community with regard to the situation of human rights in
Myanmar. Such concerns are referred to in the resolutions
which the various competent organs of the United Nations have
adopted over the past five years, in particular General 
Assembly resolution 51/117 and Commission resolution 1996/80,
which are the most recent. These concerns constitute the
substantive content of the Special Rapporteur's mandate. They
may be summarized as follows:
 
(a) The electoral process initiated in Myanmar by the general
elections of 27 May 1990 has yet to reach its conclusion and
the Government still has not implemented its commitments to
take All necessary steps towards the establishment of
democracy in the light of those elections;
 
 
(b) Many political leaders, in particular elected
representatives, remain deprived of their liberty; 
 
(c)Violations of human rights remain extremely serious,
including, 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, serious
restrictions on the freedoms of expression and association,
and the imposition of oppressive measures directed, in
particular, at ethnic and religious minority groups;
 
(d) The continuing fighting with ethnic and other political
groups, despite the conclusion of cease-fire agreements,
which, together with the continuing violations of human
rights, has resulted in flows of refugees to neighbouring
countries.
 
 
             1. ACTIVITIES OF THE SPECIAL RAPPORTEUR
 
With a view to discharging his mandate in the most impartial
and effective manner, the Special Rapporteur immediately after
his nomination sought the cooperation of the Government of
Myanmar by sending on two occasions letters informing them of
his recent nomination and asking them for authorization 
to travel to Myanmar in order, inter alia, to examine the
situation in situ and to meet with appropriate government
representatives as well as other persons relevant to the
fulfilment of his mandate and to allow him to discharge his
mandate fully and reliably in reporting to the States Members
of the United Nations and to ensure that the General Assembly
and the Commission on Human Rights are presented with an
accurate and comprehensive assessment of the situation of
human rights in Myanmar.
 
In the meantime, and in order to become familiar with the
different issues pertaining to his mandate, the Special
Rapporteur visited in July 1996 Switzerland and the United
Kingdom and met with several individuals and organizations,
both intergovernmental and non-governmental, based in Geneva
and London who possess recent and useful information on
alleged human rights violations in Myanmar.
 
On 8 October 1996, the Special Rapporteur submitted a
preliminary report (A/51/466) to the General Assembly at its
fifty-first session.
 
On 15 November 1996, the Special Rapporteur presented his
interim report on the situation of human rights in Myanmar to
the fifty-first session of the General Assembly at United
Nations Headquarters. While in New York, the Special
Rapporteur met with several representatives of governments
and non-governmental organizations and also private
individuals who imparted their views and information on the
situation of human rights in Myanmar.
 
In his continuing effort to obtain the most accurate and
up-to-date information on the situation of human rights in
Myanmar, the Special Rapporteur visited Thailand in December
1996 to assess the situation of the displaced persons from
Myanmar living in refugee camps along the Thai-Myanmar border.
The findings of the mission are reflected in section IV of
this report.  
 
On 9 January 1997, the Special Rapporteur addressed a third
letter to the Minister for Foreign Affairs of Myanmar in which
he reiterated his request for cooperation and to visit
Myanmar. Unfortunately, to date, his requests have met with no
response. In this regard, the Special Rapporteur wishes to
highlight, and to express his regret about the fact that since
his appointment in June 1996, he has yet to be allowed by the
Government of Myanmar to see the situation on the ground
despite the requests expressed in the resolutions of the
General Assembly and the Commission on Human Rights that he
have direct access to the Government and people of Myanmar.
 
Notwithstanding the lack of cooperation on the part of the
Government of Myanmar, the Special Rapporteur through his
missions and consultations has received much assistance and
information from governmental, intergovernmental and non-
governmental sources. He has also received information from
individuals connected in one way or another with the situation
in Myanmar. He has also 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 concern.
These have proved very helpful.
 
The present report is based upon information received by the
Special Rapporteur through 31 December 1996. The report is to
be read in conjunction with the Special Rapporteur's report to
the General Assembly; the present report updates certain
matters discussed before the General Assembly while treating
some issues not addressed there. 
 
                        .................
 
End of 1st of 3 parts of the 1997 report of the Special
Rapporteur on Myanmar to the Commission on Human Rights