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

SPECIAL RAP. ON MYANMAR: PART 3



       1997 REPORT OF THE SPECIAL RAPPORTEUR ON MYANMAR 
               TO THE COMMISSION ON HUMAN RIGHTS.
                                
           Posted in 3 parts for easier downloading.
                                
                             Part 3
                                
                          ...........
 
                                 
                   III. THE MISSION TO THAILAND
 
Myanmar is one of the most ethnically diverse countries in the
world, with ethnic minority groups making up at least one
third of the population of45million, and inhabiting half the
land area. Although SLORC frequently makes reference to its
"135 national races", no official population statistics
indicating the current size of the different ethnic groups
exist.
 
The 1974 Constitution divided the country into seven ethnic
minority States (Chin, Karen, Kachin, Kayah (formerly
Karenni), Mon, Rakhine (Arakan) and Shan States) and seven
Divisions, largely inhabited by the majority Burman
population. The 1947 Constitution guaranteed some of these
States a right to secession after a trial period - a right
which the 1974 Constitution abolished.
 
By article 1 of the 1992 Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious or Linguistic
Minorities, Member States have undertaken to protect the
existence and national, ethnic, religious or linguistic
identity of minorities within their respective territories
and to encourage the conditions for the promotion of that
identity. Article 4(1) of the Declaration provides in addition
that Member States shall "take measures where required to
ensure that persons belonging to minorities may exercise fully
and effectively all their human rights and fundamental
freedoms without any discrimination and in full equality
before the law".
 
Article 27 of the International Covenant on Civil and
Political Rights provides that, "[i]n those States in which
ethnic, religious or linguistic minorities exist, persons
belonging to such minorities shall not be denied the right, in
community with the other members of their group, to enjoy
their own culture, to profess and practise their own religion,
or to use their own language". In its General Comment No.23
on that article (CCPR/C/21/Rev.1/Add.5 of 26 April 1994), the
Human Rights Committee observed that, while the enjoyment of
the rights to which article 27 relates does not prejudice the
sovereignty and territorial integrity of a State, the article
nevertheless establishes and recognizes a right which is
conferred on individuals belonging to minority groups and
which is distinct from, and additional to, all the other
rights which, as individuals in common with everyone else,
they are entitled to enjoy under the Covenant.
 
It is to be noted that persons belonging to minorities are to
enjoy, inaddition to minority rights, all other human rights.
Article 2(5) of the 1992 Declaration provides that minorities
may communicate with persons in other States with whom they
are linked by their national or ethnic origin, religion or
language. In this regard, freedom of expression, which
includes freedom to seek, receive and impart information and
ideas of all kinds regardless of frontiers, is especially
important for persons belonging to ethnic, religious or
linguistic minorities.
 
In order to assess the human rights situation of these
specific groups, and because the Special Rapporteur has so far
been denied access by the Myanmar authorities to the country,
the Special Rapporteur visited Thailand between 9 and 19
December in order to meet with persons of interest to his
mandate and to visit camps of displaced persons from Myanmar.
These displaced persons belong largely to ethnic minorities.
With respect to the specific itinerary followed by the Special
Rapporteur, he visited camps in the area of Mae Sot and met
with Karens from Myanmar, then proceeded to Chiang Mai and
visited gathering sites of displaced persons from Shan State.
He continued on to the area of Mae Hong Son in order to visit
camps of displaced persons from Kayah (Karenni) State. During
his visit, the Special Rapporteur met with a total of 50 newly
arrived persons from Myanmar, mostly Karen, Shan and Karenni.
The information and views obtained in the course of his visits
will be reflected below under the relevant subject headings.
 
Displacement has become a way of life for many persons
belonging to the ethnic minorities of Myanmar. For the past
30years Karen, Mon, Karenni and Shan have fled their homes and
lands in the course of fights between the Tatmadaw and
insurgent groups representing these ethnic groups. Many of
them have sought asylum in other countries, notably Thailand. 
 
 
A. Introduction: The problem of displacement
 
Since the independence of Myanmar from British colonial rule
in 1948, Myanmar has suffered from unresolved conflicts
between most of the ethnic minorities of the country and the
central authorities. These conflicts precipitated insurgencies
in several parts of the country which have resulted in large 
numbers of internally displaced persons. Furthermore,
following the events which occurred in 1988, it has been
estimated that over 1 million persons have been forcibly
relocated, without any compensation, to new towns, villages or
relocation camps in which they are essentially detained.
This displacement is also attributed to major development
projects undertaken by the Government of Myanmar in the
process of which large numbers of persons are removed from the
lands designated for the projects without being assisted in
relocation or appropriately compensated.
 
The Special Rapporteur is not in possession of any
independently verified statistics on the number of displaced
persons in Myanmar, but local and international NGOs estimate
the number of the displaced to be at least 1 million.
 
While studying the situation, the Special Rapporteur has found
three reasons accounting for the uncertainty. The first has to
do with the fact that until now there seem to have been no
attempts on the part of the Government of Myanmar to
acknowledge this phenomenon and, therefore, no official
statistics are available on the number of displaced persons in
Myanmar.  
 
The second reason has to do with the particular phenomenon of
displacement in the country. Internally displaced persons
rarely flee in large numbers as in other situations; usually
they move in small groups of a few families or individuals.
The areas of expulsion are numerous and spread throughout
 
the country, including in the border areas between Myanmar and
Thailand. The displaced usually move to neighbouring rural
areas and from there to camps located in Thailand or directly
to Thailand, often to join relatives or friends originating
from the same area.
 
The third reason has to do with the attitude of the displaced
themselves towards their displacement. The Special Rapporteur
was told during his visit to Thailand that people in Myanmar
flee in absolute silence, not wishing in most instances to be
identified as displaced, in order to avoid persecution and
fearing execution. It has to be stressed that the situation in
Myanmar is so complex and susceptible to so many different
interpretations that comprehensiveness is elusive. The causes
of displacement are numerous and differ from one region to
another, although certain common parameters can be discerned
- as reflected below.
 
 
B.The main causes of displacement
 
1. Forced relocation
 
At present, forcible relocations appear to be taking place in
two main contexts: as part of development projects and under
counter-insurgency operations in ethnic minority regions of
the countryside. Although the practice of forced relocations
by the military as a means to control the population living in
ethnic regions is not new, the scale of these moves increased
significantly after 1988 and it is still taking place today.
Victims of displacement are mostly peasants, including members
of the indigenous and/or ethnic groups such as the Karen,
Karenni, Shan and Mon, whoare living in areas of insurgency
and victimized by counter-insurgency activities or caught in
the cross-fire. 
 
In order to cut the main links between the insurgent groups
and the civilian population, SLORC has forced entire
communities living in the border area between Myanmar and
Thailand to move to relocation sites which are subject to
tight military control. Expulsion (military) orders have
been issued, warning that anyone trying to remain in their
homes will be shot on sight. 
 
(a) In Central Shan state, SLORC initiated one of its largest
forced relocation programmes, which still continues. It was
reported that from March1996 SLORC troops ordered village
after village in eight townships (Larng Kher, Murng Nai, Nam
Zarng, Lai Kha, Murng Kerng, Kun Hing, Ke See and Murng Su) to
move to a total of 45 relocation sites. The estimated number
of people being relocated is over 100,000 from over 600
villages;
 
(b) In Kayah (Karenni) state, it was reported that throughout
June and July 1996, SLORC delivered orders to more than 100
villages located between the Pon and Salween Rivers
instructing them to move to relocation sites near SLORC army
camps in Sha Daw and Ywa Thit townships. The estimated number
of people being relocated is 20,000-30,000 and most of them
are ethnically Kayah. The army's intention is said to isolate
the population in that area from Karenni insurgents of the
Kayinni National Progressive Party (KNPP). Army officers
allegedly warned that those who remained in the deserted
villages would be considered insurgents or "enemies".
 
 
2.Forced labour and portering
 
Forced conscription of civilians into compulsory labour duties
for the military authorities, including the practice of forced
recruitment of porters, is also one of the causes of people
leaving their homes. No pay is given for such labour and the
period of service can last months. This practice disrupts
family life and precludes persons from carrying on their daily
work in order to earn a living.
 
While development and industrial projects such as railway
construction, and the creation of tourist attractions are
carried out in areas inhabited by minorities, many people are
having their lands confiscated without any compensation and
are forced to move to designated sites.
 
 
C. Patterns and consequences of displacement
 
Testimonies received by the Special Rapporteur, as well as
comments received from representatives of non-governmental
organizations, indicate that victims of displacement are
mostly villagers and farmers, living in remote areas of Karen,
Shan and Karenni states. Most of them have not been officially
registered and do not possess any identification cards or
other documents. 
 
Following orders to move from their homes, peasants usually
try to move first to a nearby rural area or to the jungle,
trying to work in their fieldsduring the day and returning for
safety at night; once they move to a designated relocation
site, they are no longer entitled to leave the compound. 
 
Family units and communities are invariably destroyed. The
displaced lose their natural and cultural context which leads
to a variety of serious social problems. Being forced to move
means that peasants in particular have to abandon everything.
Displacement leaves them in a worse economic and social
situation. 
 
Emotional trauma amongst the displaced is common. Families
remain without support, battered by violence, while often
meagre resources vanish. They often suffer from fear and
anxiety associated with loss of work and social role. Women
have been additionally affected by violence aimed particularly
against them such as rapes and beatings.
 
 
D. Issues of humanitarian law
 
Numerous testimonies received by the Special Rapporteur
indicate that the civilian population living in or near the
combat zone is the most susceptible to being forced to move:
in these "grey zones" (zones controlled or influenced by the
insurgents) the armed forces often resort to ground searches,
destruction and burning of houses, and confiscation of
property and food, which lead the people to move temporarily
or permanently. 
 
Testimonies indicate that often, if not always, the
distinction between insurgents and non-combatants is not made
and that, therefore, the inhabitants of these zones are also
said to be subjected to indiscriminate torture, beatings and
arbitrary arrests. 
 
Cases of forced evictions seem to occur with great frequency
or as a matter of policy. All the people interviewed by the
Special Rapporteur stated that they were given at most one
week's notice to move and were told that they would be shot if
they did not comply. They were forced to leave their piece of
land, their crops and most of their animals; much of the
property was reportedly immediately stolen or confiscated by
SLORC troops.
 
According to testimonies received, relocation sites consist
mainly of a large and empty piece of land surrounded by fences
or barbed-wire and near a military camp. Nothing is prepared
by the authorities to receive the new forced arrivals. There
seems to be a food and a health crisis and a general lack of
adequate housing and basic services. Villagers have to build
their own makeshift huts and provide their own food. One
member of each family living in the relocation site has to do
various tasks for SLORC, such as building their compound. The
interviews, did not make clear to what extent the rights to
education and access to health care, especially for children,
are being fulfilled. Each family also has to provide one
person to work for the army whose compound is usually located
on the same site. They perform different duties such as
building the fences, cleaning the compound or guarding the
site. The villagers are not entitled to leave the compound.
Their freedom of movement is extremely limited and in all
cases subject to authorization from the local military
battalion. 
 
Testimonies indicate that some persons who tried to flee were
threatened or actually prohibited from doing so. Attempting to
flee is said to be interpreted by the authorities as positive
proof of participation in or sympathy with the insurgency and
of an intention to report on the abuses committed by the Army.
Others were required to obtain safe conduct passes or pay high
fees at checkpoints for a "permission" to leave.
 
Other sources have reported incidents of women and children
being shot at while fleeing in areas near the border with
Thailand. 
 
 
E. Rights particularly relevant to displaced persons in
Myanmar
 
In the first place, the forced displacement of persons is not
consistent with human rights norms as proclaimed in article 13
of the Universal Declaration of Human Rights and article 12 of
the International Covenant on Civil and Political Rights.
Freedom of movement and freedom to choose one's residence in
one's own country may be restricted on limited grounds and can
only be derogated from during times of public emergency which
threatens the life of a nation and the existence of which is
officially proclaimed. Such derogations, however, are
temporary and may not be resorted to in a manner which
violates the right to life or the right to be free from
torture or cruel, inhuman or degrading treatment or
punishment, among other things, as proclaimed in article 4 of
the International Covenant on Civil and Political Rights. In
any event, displaced persons have a right to return to their
place of residence and to the protection of the property that
they leave behind. Further, where persons are displaced in
circumstances which are consistent with international norms,
they have a right to live in conditions in which basic rights
to food, housing and health are secured, not to speak of
reasonable social amenities and the enjoyment of all other
basic rights to life, physical security and public freedoms.
 
Finally, and in analysing the information he has received, the
Special Rapporteur observes that article 3 (1) common to the
four Geneva Conventions of 12 August 1949 provide as follows:
 
"In the case of armed conflict not of an international
character occurring in the territory of one of the High
Contracting Parties, each Party to the conflict shall be bound
to apply, as a minimum, the following provisions: 
 
"1. Persons taking no active part in hostilities, including
members of the armed forces who have laid down their arms and
those placed hors de combat by sickness, wounds, detention, or
any other cause, shall in all circumstances be treated
humanely, without any adverse distinction founded on race,
colour, religion or faith, sex, birth or wealth, or any
other similar criteria. 
 
"To this end, the following acts are and shall remain
prohibited at any time and in any place whatsoever with
respect to the above-mentioned persons: 
 
"(a) Violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture; 
 
"(b) Taking of hostages; 
 
"(c) Outrages upon human dignity, in particular humiliating
and degrading treatment; 
 
"(d) The passing of sentences and the carrying out of
executions without previous judgement pronounced by a
regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by civilized
peoples." 
 
The obligation to apply common article 3 is absolute for
governmental armed forces as well as armed dissidents, and is
independent of the obligation of the other party. 
 
The Special Rapporteur also observes that article 17 of
Protocol II Additional to the Geneva Conventions of 12 August
1949 requires that, in the case of displacements carried out
for the safety of civilians or for imperative military
reasons, the responsible party must take "all possible
measures ... in order that the civilian population may be
received under satisfactory conditions of shelter, hygiene,
health, safety and nutrition". Article 14 of the same
instrument also stipulates a prohibition of starvation of
civilians under the control of organized armed forces. 
 
 
F.Remedial measures
 
The phenomenon of displacement would appear to relate largely,
if not exclusively, to ethnic minorities. The problem is not
new, and originates mainly from the absence of a political
solution dating back to colonial times and before. The
cease-fire agreements concluded over recent years are a
beginning to a solution but are likely to be fruitless until
serious and meaningful measures are taken to engage in a
political dialogue which includes the ethnic minorities. The
Special Rapporteur, therefore, reiterates his view that a
political dialogue must urgently be engaged between the
present regime and the political parties returned at the
elections of 1990, including representatives of ethnic
minorities, with a view to working out such measures as might
be considered best to bring the democratic process engaged in
1990 to fruition.
 
Measures to ensure the protection of other human rights also
have to be taken. In this respect, the Special Rapporteur
expresses his concern over the seriousness of the evidence
relating to the country's human rights record. As relates more
specifically to the displaced persons, the Special Rapporteur
would like to underline the importance of land and property
rights and respect for humanitarian law including the rights
to life and physical integrity, especially during and
immediately following forced evictions. 
 
Another important step would be for the Government of Myanmar
to open up space for legitimate social action primarily at the
micro-level. Grass-roots projects with the local participation
of the citizens should have beneficial effects on the local
population and should be promoted and supported. There is
considerable need for measures strengthening public
administration, an independent and impartial judiciary,
decentralization and better control over the military.
 
Human rights promotion and protection at the local level are
also very important, including in areas where the central
Government has little influence. In this connection, there
should be human rights training for the military and
organization of workshops in relocation sites.
 
Projects for the provision of humanitarian assistance,
shelter, health care and psychological assistance during the
first days of arrival are to be encouraged. In this regard
there should be greater cooperation between the State and the
non-governmental organizations already working in Myanmar.
 
In rural areas and in the various regions of the country where
the military has an especially strong position, the human
rights situation seems to be particularly grave and too few
violations are being investigated.
 
Very few returns to areas of origin seem to be taking place.
The reason is that at the moment there exist very few
solutions to the fundamental causes of displacement. For
example, as the Special Rapporteur was told, for the peasants
who have lost their land, either because they had to sell it
very cheaply before they fled or because it was taken by the
army, return is not possible; where the armed conflict is
continuing, return is also not an option.
 
 
               IV. CONCLUSIONS AND RECOMMENDATIONS 
 
A. Conclusions
 
The Special Rapporteur regrets that his efforts to obtain the
cooperation of the Government of Myanmar and to visit the
country have so far failed. Nevertheless, the Special
Rapporteur is confident that much of the evidence brought to
his attention speaks for itself.
 
 
The Special Rapporteur observes that the absence of respect
for the rights pertaining to democratic governance is at the
root of all the major violations of human rights in Myanmar in
so far as this absence implies a structure of power which is
autocratic and accountable only to itself, thus inherently
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 not
reached its conclusion and that the Government still has not
implemented its commitments to take all necessary steps
towards the establishment of democracy in the light of those
elections. 
 
Government representatives have repeatedly explained that the
Government is willing to transfer power to a civilian
government but that in order to do so there must be a strong
constitution, and that in order to have a strong Constitution
they are doing their best to complete the work of the National
Convention. However, the Special Rapporteur cannot help but 
observe that, given the fact that most of the representatives
democratically elected in 1990 have been excluded from
participating in the meetings of the National Convention, the
restrictions imposed upon the delegates (practically no
freedoms to assemble, print and distribute leaflets or to make
statements freely), and the general guidelines to be strictly
followed (including the principle regarding the leading role
of the Tatmadaw), the National Convention does not constitute
the necessary "steps towards the restoration of democracy,
fully respecting the will of the people as expressed in the
democratic elections held in 1990".
 
Detailed reports and photographs seen 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. 
 
With regard to allegations of arbitrary arrest and detention,
the Special Rapporteur does not doubt that such violations
take place on a wide scale, if on no other basis than his
examination of the laws in place which shows 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
recent arrests and harassment of other supporters of
democratic groups in Myanmar, culminating at the end of
September 1996 in the massive arrests of NLD supporters and
the virtual blockade of the Secretary-General of the NLD in
her compound. 
 
On the basis of virtually unanimous reports and other
information, the Special Rapporteur concludes that there is
essentially no freedom of thought, opinion, expression or
association in Myanmar. The absolute power of SLORC is
exercised to silence opposition and penalize those holding
dissenting views or beliefs. Because of both visible and
invisible pressures, the people live in a climate of fear in
which whatever they or their family members may say or do,
particularly in the area of politics, 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 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 present military regime. 
 
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 these freedoms found in Myanmar law and practice
themselves. 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 discriminatory practices based
on ethnic considerations. 
 
 
B. Recommendations
 
 
 
The Special Rapporteur regrets that he finds it necessary to
repeat all of the recommendations made in his report to the
General Assembly in 1996. In the light of the foregoing
conclusions, the Special Rapporteur submits the following
recommendations for the consideration of the Government of
Myanmar:
 
 
(1) 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 and religion". In this
respect, the Special Rapporteur would wish to note that the
Government of Myanmar should encourage the adoption, as one of
the basic constitutional principles of the provisions of the
Universal Declaration of Human Rights, a copy of which should
be made widely available in the Burmese language. 
 
(2) The Government of Myanmar should further 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.  
 
(3) Myanmar law should be brought into line with accepted
international standards regarding protection of physical
integrity rights, including the right to life, protection
against disappearance, prohibition of torture, cruel, inhuman
or degrading treatment, providing humane conditions for all
persons under detention and insurance of the minimum standards
of judicial guarantees. 
 
(4) In the interest of ensuring that the Government of Myanmar
genuinely reflects the will of the people, 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 government should benefit
from a separation of powers as to render the executive
accountable to the citizenry in a clear and meaningful way
and, 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 executive action justiciable. 
 
(5) The Government of Myanmar is urged to take all necessary
measures to accelerate the process of transition to democracy
and to involve in a meaningful way in that process the
representatives duly elected in 1990. In this regard, the
Government of Myanmar should without delay begin a process of
genuine and substantive dialogue with the leaders of the
National League for Democracy and with other political leaders
who wereduly elected in the democratic elections of 1990,
including representatives of the ethnic minorities. 
 
(6) The Government of Myanmar should also take all necessary
measures to guarantee and ensure that all political parties
may freely exercise their activities without restrictions and
that, in this context, all restrictions imposed on the
Secretary-General, the leaders and members of the NLD should
be immediately lifted so that they may freely exercise their
civil and political rights. 
 
(7) All political detainees, including elected political
representatives, students, workers, peasants and others
arrested or detained under martial law after the 1988 and 1990
demonstrations or as a result of the National Convention,
should be tried by a properly constituted and independent
civilian court in open judicial proceedings and in accordance
with all the guarantees of fair trial and due process in
conformity with applicable international norms. If found
guilty in such judicial proceedings, they should be given
a just sentence proportionate to their offence. Otherwise,
they should be immediately released with the Government
responsible for refraining from all acts of intimidation,
threats or reprisal against them or their families and for
taking appropriate measures to compensate all those who have
suffered arbitrary arrest or detention. 
 
(8) The Government of Myanmar should ensure that all laws
rendering violations of human rights legitimate are urgently
repealed, that laws are given due publicity and that the
principle of non-retroactivity of penal laws is respected. 
 
(9) The Government of Myanmar should give particular attention
to prison conditions in the country's prisons and take all the
necessary steps to allow international humanitarian
organizations to have access thereto and to communicate freely
and confidentially with prisoners. 
 
(10) The Government of Myanmar should take steps to facilitate
and guarantee the enjoyment of the freedoms of opinion,
expression and association, in particular by decriminalizing
the expression of oppositional views, relinquishing government
controls over the media andliterary and artistic works. 
 
(11) The Government of Myanmar should remove all restrictions
relating to the entry and exit of citizens into and out of the
country, as well as their movement within the country. 
 
(12) The Government of Myanmar should cease all discriminatory
policies which interfere with the free and equal enjoyment of
property, and compensate appropriately those who have been
arbitrarily or unjustly deprived of their property. 
 
(13) The Government of Myanmar should fulfil its obligations
under International Labour Organization Convention (ILO) No.
87 concerning Freedom of Association and Protection of the
Right to Organize of 1948. In that respect, the Government
of Myanmar is encouraged to cooperate more closely with 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 urgently
eliminated. 
 
(14) The Government of Myanmar is urged to comply with its
obligations under ILO Convention No. 29, prohibiting the
practice of forced labour and forced portering. 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 prevent the
continuation of the practice of forced labour. In this regard,
the Government of Myanmar is encouraged to cooperate with ILO
to that end.  
 
(15) The Government of Myanmar should take the necessary steps
to bring the acts of soldiers, including privates and
officers, in line with accepted international human rights and
humanitarian standards so as to prevent arbitrary killings,
rapes, and confiscations of property, or forcing persons into
acts of labour, portering, relocation or otherwise treating
persons without respect to their dignity as human beings. When
villagers are hired for porterage and other works, adequate
wages should be paid. The nature of work should be reasonable
and in accordance with established international labour
standards. 
 
(16) The Government of Myanmar should take urgent steps 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. 
 
(17) Military and law enforcement personnel, including prison
guards, should be thoroughly informed and trained as to their
responsibilities towards all persons in full accord with
international human rights norms and humanitarian law. Such
standards should be incorporated into Myanmar law, including
the new constitution to be drafted. 
 
(18) 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. 
 
 ..............................................................