SLORC RESPONSE TO SPECIAL RAP (r)

[waterly@xxxxxxxxx]

SLORC is gone with their mislead.

Very unqualified representation of the SLORC and very much miscalculated
reports by the SLORC

At 09:53 AM 4/12/97 +0000, you wrote:
>The following statement was made on 9 April 1997, following
>the oral statement of the Special Rapporteur on Myanmar to the
>Commission on Human Rights. The Special Rapporteur's report,
>E/CN.4/1997/64, was posted on this conference on 22 March
>1997. 
> 
>                                
>    INTERVENTION BY AMBASSADOR U AYE, LEADER OF THE MYANMAR
>                    DELEGATION UNDER ITEM 10
> 
> 
>Mr Chairman,
> 
>     I would like to respond to the report contained in
>document No E/CN.4/1997/64 just tabled, claiming to show the
>situation of human rights in the Union of Myanmar.
> 
>     Limitation of time constrains me from elaborating on each
>allegation in detail. For this reason, my delegation has
>undertaken to circulate, for the official records of this
>Commission documents Nos. E/CN.4/1997/123 and E/CN.4/1997/124
>in response to Mr. Lallah's report and an earlier one
>mentioned therein; to highlight the inaccuracies contained in
>them, and also to present the situation of human rights in
>Myanmar in its true perspective.
> 
>     But even a superficial glance at Mr Lallah's reports
>reveal that they are essentially political statements, in the
>guise of legal arguments, intended to exert unwarranted
>pressure to influence the outcome of events that must
>necessarily be decided by the inhabitants of my country and
>not by outsiders.
> 
>Mr Chairman,
> 
>     The report just tabled contains numerous cases of wide
>ranging allegations. But on closer scrutiny, it can be seen
>that such allegations are carefully qualified with phrases
>such as "it was reported", "according to reports", "reportedly
>arrested" "allegedly arrested, etc.  It would naturally follow
>that flawed conclusions would result from such conclusions.
> 
>     The reports go on to less than credible lengths to stress
>any perceived negative elements, while turning a blind eye to
>all constructive and positive achievements. This is what
>numerous delegations have attested to in the proceedings of
>this very Commission when they reject the practice of
>unbalanced reporting.
> 
>     When this practise of one sided presentations about my
>country was pointed out, the response was that the inclusion
>of more positive developments would render such reports too
>lengthy and unwieldy. The consequence, Mr Chairman, is that
>accuracy, objectivity and balance falls victim to expediency,
>lack of resources and time constraints.
> 
>Mr Chairman, 
> 
>     To be more precise, I shall touch on but a few of the
>allegations and accusations made in the reports and their
>presentation.
> 
>     The charge of non-cooperation has been made against my
>country. But the record has clearly shown that while we have
>not accepted the appointment of any special rapporteur for
>reasons repeatedly made known by my delegation in this
>Commission, we have consistently cooperated and will continue
>to cooperate with the UN and its representatives in dealing
>with issues of human rights and other matters of common
>interest.
> 
>     In the recent past, high officials of my Government have
>had numerous rounds of fruitful dialogue with the Secretary
>General and his representatives, and the most recent round
>with Mr Francesc Vendrell, Director of the East Asia and
>Pacific Division of the UN, who visited my country just a few
>weeks ago -- all of which are elaborated in our memoranda
>presented to this Commission.
> 
>     In fact, we have when requested, provided the Centre for
>Human Rights and the thematic rapporteurs, including Mr.
>Lallah with information relevant to my country and the
>thematic rapporteurs have undertaken to incorporate our
>responses in their reports. Such exercises will continue to be
>pursued in the future and Mr. Lallah will have the opportunity
>to visit Myanmar at a mutually convenient time.
> 
>     
>Mr Chairman,
> 
>     In his reports, and especially in an earlier one, Mr.
>Lallah had emphasised primarily on the operation of the legal
>system in my country and has attempted to reveal aspects,
>which in his view, amount to shortcomings. We find it to be
>father perplexing that the report should attempt to cast doubt
>on the validity and effectiveness of our judicial system.
>Courts of law, civil, criminal and military are functioning
>normally throughout the country.
> 
>     From the time of its inception, the State Law and Order
>Restoration Council has undertaken to ensure that the laws of
>the land be upheld to preserve and strengthen the rule of law,
>and to maintain public order. The current administration has
>inherited over 900 laws, including those enacted during the
>time of the former colonial rulers, and by successive
>Governments after the achievement of independence.
>Accordingly, Myanmar continues to have a sound, efficient and
>fair judicial system, with the rule of law prevailing in the
>land, and peace and stability being maintained in accordance
>with the provisions of existing laws.
> 
>     At present, the Supreme Court and lower courts of law at
>State, Division and Township levels exist to administer
>justice independently according to law; to protect and
>safeguard the interests of the people and to assist in the
>maintenance of law and order; to educate the people to
>understand and abide by the law; to work within the framework
>of the law for the settlement of cases; to dispense justice in
>open courts unless otherwise prohibited by law; to guarantee
>in all cases the right of defense and the right to appeal
>under law; and to aim at reforming moral character in meting
>out punishment to offenders.
> 
>     The Code of Criminal Procedure and other relevant laws
>provide a comprehensive legal framework and guarantees to
>ensure that a fair trial is given to every defendant in a
>court of law. There are also safeguards against the abuses of
>legal proceedings during trial.
> 
>     The conduct of trials and administration of justice are
>carried out in public courts in strict observance of the basic
>principles just mentioned. The independence of the Judiciary
>is strictly maintained, and there exist no control or
>influence exercised by the Government over the administration
>of justice by the Judiciary.
> 
>Mr Chairman,
> 
>     Another aspect that the reports elaborate upon is the
>constitutional process transpiring in my country during the
>current stage of transition. Questions have been raised as to
>whether this constitutional process will indeed lead to the
>establishment of multi-part democracy. In response to such
>doubts, I would like to reiterate that the National Convention
>is being convened to take concrete and systematic steps to
>build a genuine multi-party democratic steps to build a
>genuine multi-party democratic state in accordance with the
>aspirations of the people of Myanmar. This Convention is a
>truly representative body encompassing representatives from
>various political parties legally existing in the country,
>representatives of national racial groups, the peasants, the
>workers, the intelligentsia, the technocrats, and legal
>experts among others who enjoy the right to freely exchange
>their views. As such there should exist no doubt as to
>meaningful representation and democratic procedures in the
>Convention.
> 
>     Consensus has already been achieved in the National
>Convention on issues of primary importance such as over a
>hundred fundamental principles which will form the basis of
>the new State Constitution, in addition to agreements reached
>on the State, its basic structure, the Head of State, and the
>delineation of the Legislative, Executive and Judiciary
>organs.
> 
>     In essence, the National Convention has reached its
>halfway point and future sessions will be devoted to achieve
>consensus on issues such as the fundamental rights and
>responsibilities of citizens, the holding of regular
>elections, and the role of political parties, among others.
> 
>     Hence, when calls for dialogue are made, our response is
>that dialogue is already in progress in the form of the
>National Convention, which for reasons just mentioned is the
>most appropriate forum for dialogue and consensus building. On
>the other hand, there can be no necessity for any dialogue
>between the Government and one single political party, at the
>expense of all other legally existing political parties and
>the over 100 national races who constitute the Union of
>Myanmar.
> 
>Mr Chairman,
> 
>     To sum up, we hold the view that the reports in question
>constitute an attempt to dispense with reality and to exert
>political pressure on the Government. This exercise is bound
>to be counter-productive for the promotion and protection of
>human rights in my country.  I shall accordingly reject these
>reports and their contents as being irrelevant and merely
>reflecting the views of those who are opposing the Government
>for reasons unconnected with the issue of human rights.
> 
>     To us, the issue of human rights encompasses much more
>than legal arguments, political manipulations and results of
>interviews with groups openly hostile to the good intentions
>of the Government. For us human rights encompasses issues
>neglected in the reports, issues such as the right to develop,
>relying essentially on our own strength and resources, and to
>live a life of dignity with adequate food, clothing and
>shelter for all.  None of these aspects of the right to
>development, absolutely none, have received even superficial
>mention in the reports. Nevertheless, we shall continue to
>endeavour toward the attainment of such objectives while at
>the same time persevere to protect our independence and
>sovereignty.
> 
>Mr Chairman,
> 
>Commenting on his recent trip to the region, Mr. Lallah
>mentioned in his report that the situation in Myanmar is so
>complex and susceptible to so many different interpretations.
>After reporting thus, I find it most regrettable that the
>document should draw simple and misguided conclusions out of a
>complex situation.
>
>