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

SPECIAL RAP ON MYANMAR (Pt I)



1998 REPORT OF THE SPECIAL RAPPORTEUR ON MYANMAR 
TO THE UN COMMISSION ON HUMAN RIGHTS
 
(posted in III parts for easier downloading)
 
 
(Part I)
 
 
Economic and Social Council                                    
Distr. GENERAL
E/CN.4/1998/70
15 January 1998
Original: ENGLISH
 
COMMISSION ON HUMAN RIGHTS
Fifty-fourth 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. Rajsoomer Lallah,
submitted in accordance with Commission on Human Rights
resolution 1997/64 
 
 
CONTENTS
 
Introduction
 
I. ACTIVITIES OF THE SPECIAL RAPPORTEUR
 
II. THE EXERCISE OF CIVIL AND POLITICAL RIGHTS
A. The reconstitution of SLORC
B. Rights pertaining to democratic governance
C. Extrajudicial, summary or arbitrary executions
D. Arbitrary detention
E. Torture and cruel, inhuman or degrading treatment or
punishment
 
III. THE GENDER PERSPECTIVE
A. International norms
B. Myanmar women in public life
C. The situation of refugee women
D. Women and forced labour
 
IV. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
B. Recommendations
 
Introduction
 
  1. 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 (annexes to documents
A/47/651, A/48/578, A/49/594 and Add.1, A/50/568, A/51/466 and
A/52/484) and to the Commission on Human Rights
(E/CN.4/1993/37, E/CN.4/1994/57, E/CN.4/1995/65 and
Corr.1, E/CN.4/1996/65 and E/CN.4/1997/64). The mandate,
initially articulated by the Commission in its resolution
1992/58 of 3 March 1992 and extended most recently in
resolution 1997/64 of 16 April 1997 (approved by the Economic
and Social Council in its decision 1997/272 of 22 July 1997),
required the Special Rapporteur to establish or to continue
direct contact 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 establishment of a constitution of
democratic governance, the lifting of restrictions on personal
freedoms and the restoration of human rights in Myanmar.
 
  2. In its resolution 1997/64, the Commission called upon the
Government of Myanmar to cooperate fully with the relevant
mechanisms of the Commission, in particular the Special
Rapporteur, and to ensure his access to Myanmar, without
preconditions, in order to allow him to discharge his mandate
fully, including through access to any person whom he might
deem it appropriate to meet in the performance of his 
mandate; 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-second session and to the Commission at its fifty-fourth
session.
 
  3. The priority concerns of the international community with
regard to the situation of human rights in Myanmar are
referred to in the resolutions adopted by the various
competent organs of the United Nations over the past six
years, in particular General Assembly resolution 52/137 and
Commission resolution 1997/64, which are the most recent.
These concerns may be summarized, in substance, as follows:
 
(a) The continuing violations of human rights in Myanmar,
including extrajudicial, summary or arbitrary executions;
killings of civilians; torture; arbitrary arrest and
detention; deaths in custody; absence of due process of law,
including trial of detainees in secrecy without proper legal
representation; severe restrictions on freedom of opinion,
expression, assembly and association; violations of freedom of
movement; forced relocation; forced labour by children as well
as adults, including portering for the military; abuse of
women and children by government agents; and the imposition of
oppressive measures directed in particular at ethnic and
religious minorities;
 
(b) The absence of significant steps towards the establishment
of democratic governance as expressed by the will of the
people at the elections of 1990;
 
(c) The exclusion of the representatives democratically
elected in 1990 from participation in the proceedings of the
National Convention, the severe restrictions on delegates,
including members of the National League for Democracy (NLD),
who have withdrawn and subsequently were formally excluded
from the sessions of the Convention and who were unable to
meet or distribute their literature, the adoption by the
Convention of a basic principle conferring on the armed forces
(Tatmadaw) a leading role in the future political life of the
State and the conclusion that the National Convention does not
appear to constitute the necessary steps towards the
restoration of democracy; 
 
(d) The restrictions on the freedom of expression,
association, assembly and movement placed upon Daw Aung San
Suu Kyi and other political leaders and the continued arrests
and harassment of members and supporters of the National
League for Democracy, trade unionists and students for
peacefully exercising their right to freedom of expression,
assembly and association, forced resignations of elected
representatives, the continued attacks against Daw Aung San
Suu Kyi and the closure of all universities and colleges
following the student demonstrations in December 1996; 
(e) The forced relocation and other violations of the rights
of persons belonging to minorities, resulting in a flow of
refugees to neighbouring countries, and the continuing attacks
on groups, resulting in death, destruction and displacement;
 
(f) The violation of children's rights in contravention of the
Convention on the Rights of the Child, in particular through
the lack of conformity of the existing legal framework with
the Convention, by the systematic recruitment of children into
forced labour and by discrimination against children belonging
to ethnic and religious minority groups.[back to the contents]
 
I. ACTIVITIES OF THE SPECIAL RAPPORTEUR
 
  1. On 12 November 1997, the Special Rapporteur presented his
interim report on the situation of human rights in Myanmar to
the fifty-second session of the General Assembly (A/52/484,
annex). While in New York, he met with several representatives
of Governments and non-governmental organizations as well as
individuals who imparted their views and information on the
situation of human rights in Myanmar.
 
  2. It will be recalled that since his appointment, the
Special Rapporteur has sought the cooperation of the
Government of Myanmar and has requested their 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 so as to ensure that the     
General Assembly and the Commission on Human Rights are
presented with a comprehensive assessment of the situation of
human rights in Myanmar.
 
  3. It will also be recalled that, following the submission
of the first report of the Special Rapporteur to the General
Assembly in November 1996, the Permanent Representative of the
Union of Myanmar expressed his disagreement with the
assessment made by the Special Rapporteur. He indicated,
however, that the Special Rapporteur would be authorized at an
appropriate time to visit Myanmar. In April 1997, at the
fifty-third session of the Commission, the Permanent     
Representative of Myanmar gave similar indications. Despite
these statements, no steps have so far been taken by the
Myanmar authorities to authorize such a visit. More recently,
in November 1997, during the debate on the human rights
situation in Myanmar at the General Assembly, Ambassador U Pe
Thein Tin, Permanent Representative of Myanmar, while again
challenging the assessment made by the Special Rapporteur,
nevertheless reiterated in his intervention that the     
Special Rapporteur would have the opportunity to visit Myanmar
at a time deemed appropriate. The Special Rapporteur regrets
that there have been no developments on this issue and that,
in the more than two years since his appointment, he has not
been given the opportunity to visit the country as requested
by the General Assembly and the Commission on Human Rights.
 
  4. The Special Rapporteur understands that the criticism
levelled by the authorities of Myanmar against the reports of
the Special Rapporteur are based, in large part, on the ground
that his reports "reflect mainly the views of those who are
opposing the Government for reasons totally unconnected with
the issue on human rights". It stands to reason that if the
General Assembly and the Commission are to benefit in a
meaningful way from a serious assessment of that criticism, it
is essential that the Myanmar authorities agree to a visit by
the Special Rapporteur to the country.
 
  5. It must be noted that it is not the Special Rapporteur
who is avoiding discussion of human rights complaints with
representatives of the Government of Myanmar. On the contrary,
it is precisely the Government of Myanmar which refrains from
doing so while continuing to refuse him direct access to the
country and the people of Myanmar. The Special Rapporteur is
only able to meet with people outside Myanmar, in particular
the great number of displaced persons on the Thai side of
the Thailand-Myanmar border areas and whose complaints
the Special Rapporteur feels bound to reflect in his reports
to the Commission and the General Assembly. The Special
Rapporteur is firmly convinced that it is in the interest of
the authorities themselves, in addition to that of the
international community as represented in the United Nations,
that such a visit should take place. This would also clearly
demonstrate the commitment of the Government of Myanmar to
cooperate with the United Nations in accordance with its
obligations under the Charter.
 
  6. Notwithstanding the absence of cooperation on the part of
the Government of Myanmar, the Special Rapporteur 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. No less importantly, he has had direct     
contact with displaced persons along the Thailand-Myanmar
border who have fled Myanmar and from whom he continues to
receive information. 
 
  7. The present report is based upon information received by
the Special Rapporteur up to 19 December 1997 and 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. In response to operative
paragraph 4 (a) of Commission resolution 1997/64, the Special
Rapporteur has included a chapter on women based on such
information as was available to him.
 
II. THE EXERCISE OF CIVIL AND POLITICAL RIGHTS
 
A. The reconstitution of SLORC
 
  1. On 15 November 1997, the State Law and Order Restoration
Council (SLORC) was dissolved and reconstituted as the State
Peace and Development Council (SPDC), consisting of 19 members
(SLORC Notification No. 1/97 dated 15 November 1997). The
expressed purpose was to "ensure the emergence of an orderly
or disciplined democracy" and to establish a "peaceful and
modern State ... in the interest of all the national peoples".
The former top four SLORC leaders, Senior General Than Shwe,
General Maung Aye, Lieutenant-General Khin Nyunt and
Lieutenant-General Tin Oo, retained their positions within
the SPDC. In addition, Lieutenant-General Win Myint was
appointed SPDC's Secretary Three. Other members include the
Commanders-in-Chief of the Navy and the Air Force, and the 12
Army Regional Commanders. 
     SPDC Notification No. 2/97, also dated 15 November 1997,
established a 40-member Cabinet. Two new ministries, the
Ministry of Military Affairs and the Ministry of Electric
Power, were created. SPDC Notification No. 3/97, of the same
date, announced the formation of a 14-member Advisory Group.
Its members consist of the 13 former SLORC members who had
lost their positions both within the regime and the Cabinet.
The fourteenth member is Major-General Soe Myint.
 
B. Rights pertaining to democratic governance
 
  1. In introducing his report to the General Assembly, the
Special Rapporteur indicated that he had observed the
beginnings of a positive attitude with respect to restrictions
on political parties, especially in relation to the activities
of the National League for Democracy (NLD) and its right to
hold meetings. He welcomed the change on the part of the
authorities. However, it would appear that this change is of a
purely formal and limited nature given the virtually     
complete control which the authorities seem to exercise over
the venue of meetings, the measure of control over the agenda
of the meetings, the strict limitations on the number of
people allowed to attend, and the monitoring of the meetings,
as the following paragraphs indicate. 
 
  2. On 27-28 September 1997, unlike previous years, the NLD
was allowed by the authorities to hold a national convention,
commemorating its ninth anniversary, at the residence of its
General Secretary Daw Aung San Suu Kyi. About 600 delegates
attended the two-day meeting and no arrests were known to have
taken place. However, the Special Rapporteur received reports
of a great number of NLD members who were denied access, by
military intelligence personnel and riot police, to Daw Aung
San Suu Kyi's compound. On 28 September 1997, some 30 NLD
members were forced into trucks by the security forces, driven
for an hour outside the capital and dropped off at the
roadside in groups of two or three to make their way back.
 
  1. It would appear that when the NLD requests permission to
hold a meeting, authorization is granted only for the specific
purpose for which the meeting is taking place; no other
subject of discussion would appear to be allowed. On 10
October 1997, the authorities permitted the NLD to hold a
religious ceremony and about 200 dignitaries attended the
function at the General Secretary's home. Official Information
Sheet No. A-0171, dated 16 October 1997, stated that "the
relevant authorities have granted permission to the party to
perform the traditional religious ceremony with the
expectation that the ceremony will be a purely religious
activity and totally none other".
 
  2. On 28 October 1997, an NLD delegation consisting of
Chairman U Aung Shwe, Co-Chairmen U Kyi Maung and U Tin Oo,
and General Secretary Daw Aung San Suu Kyi planned to meet
with local members of the NLD at their office in Mayangone
township, north of Yangon. It was reported that the
authorities took measures to prevent the meeting from taking
place and, upon arrival, the NLD delegation found the office
empty and returned home. According to SLORC Information Sheet
Nos. A-0186 and A-0187, dated 28 October 1997, "the NLD     
representatives have also been advised (by the authorities) on
grounds of security and stability reasons that such activities
(rallies) should be held at Daw Aung San Suu Kyi's university
compound".
 
  3. Every time the authorities allow a meeting to take place,
they also always specify the number of people allowed to
attend. For the ceremony celebrating the ninth anniversary of
the NLD, the authorization granted by the authorities dated 26
September 1997 limited the attendance to 300 participants. For
the meeting celebrating the religious ceremony held on 10
October 1997, the authorities imposed a condition that the
"number of invitees be kept at (100) persons" (see Official
Information Sheet No. A-0171).
 
  4. Finally, the meetings are closely monitored by the
authorities and the people attending the meetings are
systematically registered. On 24 November 1997, a ceremony to
celebrate the seventy-seventh anniversary of the National Day
was held at the residence of Daw Aung San Suu Kyi. On that
occasion, it was reported to the Special Rapporteur that
persons attending the ceremony had to wait for half an hour at
the entrance to University Avenue, where the authorities     
checked their invitations, registered their names and took
their photographs. It is understandable that there is a need
for the authorities to facilitate the smooth flow of road
traffic in that neighbourhood and to take appropriate measures
to ensure that the persons attending the meeting conduct
themselves in a manner which does not disturb public order.
Nevertheless, the registration of persons attending and the
taking of photos are entirely unnecessary. On the contrary,
such actions are of a dissuasive nature and a clear
restriction on the normal exercise of the basic freedom of
assembly and personal freedoms.
 
  5. Almost two years after her release from house arrest, the
General Secretary of the NLD is reported to continue to face
serious restrictions on her freedom of movement and her social
and political activities, including constant harassment and
vilification. The weekend addresses from her home were
stopped, barricades have been erected in the street giving
access to her home, and both she and the people who visit her
are kept under constant police or military surveillance.
According to a statement released by SLORC on 24 October 1997,
Daw Aung San Suu Kyi's movements will not be restricted
provided she conducts her political activities "within the
framework of the law. ... There is no government restriction
on her movements. In fact, the authorities concerned have only
requested her to be careful in her activities outside her
compound for her own security, and conduct political
activities within the framework of the law and within the
established regulations governing such activities so that
peace, tranquillity and stability will not be disturbed". This
statement brings into sharp focus the question whether the
relevant laws and regulations themselves violate the exercise
of public freedom which a political figure should normally be
able to exercise, with the protection, if necessary, of the
State. 
 
  6. On 19 December 1997, the Permanent Mission of Myanmar to
the United Nations Office at Geneva addressed, by name, to the
officer assigned by the Office of the High Commissioner for
Human Rights to assist the Special Rapporteur a note entitled
"Daw Suu Kyi freely fulfils appointment schedule". The note
gave a day-by-day account, from 11 to 17 December 1997, of the
party members who either visited her or whom she visited,
including two foreign diplomats. It is hoped that all
restrictions on Daw Aung San Suu Kyi's public and other     
political activities, meetings and addresses will soon be
lifted in order that she may exercise her civil and political
rights freely and completely.
 
  7. The initiation of a dialogue between the authorities and
the NLD would appear to be having a difficult and uneasy
beginning. On 18 December 1997, the SPDC, led by the Minister
for Home Affairs, held a meeting with five Central Executive
Committee (CEC) members of the NLD. The communication of 19
December 1997 referred to above included a note regarding the
purpose of that meeting. According to the note, "the meeting
was initiated by the Minister for Home Affairs with the aim of
creating better understanding and cooperation between the NLD
and the State Peace and Development Council". At the meeting,
the SPDC "cordially advised the NLD CEC members to refrain
from creating conditions in which the authorities concerned
[would be] inevitably forced to take necessary actions against
the NLD party".
     The Special Rapporteur has no information regarding the
views of the representatives of the NLD with regard to the
meeting.
 
  8. From such information as is available to the Special
Rapporteur to date, this was the first meeting between
governmental representatives and the NLD since the Government
was reconstituted on 15 November 1997. The last time NLD
officials met government leaders was in July 1997, when NLD
Chairman U Aung Shwe and two Central Executive Committee
members met SLORC Secretary One Lieutenant-General Khin Nyunt
to discuss political issues. In mid-September 1997, high     
officials of SLORC invited representatives of the NLD for
discussions. 
     The meeting did not take place, apparently owing to a
difficulty which arose concerning the acceptance by the
authorities of the General Secretary of the NLD as part of the
delegation, which the NLD had decided should be the case. It
is to be hoped that, in future, the NLD will be free to decide
how its own delegations should be constituted. 
 
  9. The Special Rapporteur hopes that serious discussions
will continue and will take place in accordance with the basic
recommendations made both by the General Assembly and the
Commission on Human Rights with regard to the initiation of a
political dialogue with all political parties returned in the
elections of 1990, including representatives of ethnic
minorities.
 
 10. It is perhaps too early to gauge the nature and extent of
the change in the repressive policy vis-`-vis civil and
political rights which has been pursued by the regime since
the people made their choice in the 1990 elections. However,
it is hoped that this most welcome change in attitude on the
part of the authorities, however limited it appears to be at
present, will continue and broaden the democratic space,
permitting the will of the people to be realized. As the
Special Rapporteur had occasion to observe in previous
reports, the violation of the exercise of political rights is
at the root of the violation of most human rights in Myanmar.
 
                         (End of part I)