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GA RESOLUTION ON BURMA



United Nations           A/C.3/53/L.59

General Assembly
 
Distr.: Limited
13 November 1998
Original: English
       
Fifty-third session
Third Committee
Agenda item 110 (c)

Human rights questions: human rights situations and reports of special
rapporteurs and representatives


Andorra, Australia, Austria, Belgium, Bulgaria, Costa Rica, Czech Republic,
Estonia, France,  Germany, Greece, Hungary, Italy, Latvia, Lithuania,
Luxembourg, Monaco, New Zealand, Poland, Portugal, Romania, San Marino,
Slovakia, South Korea, Spain, Sweden, United Kingdom of Great
Britain and Northern Ireland and United States of America: draft resolution


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 52/137 of 12 December 1997,

Also recalling Commission on Human Rights resolutions 1992/58 of 3 March
1992,(3) in which the Commission, inter alia, decided to nominate a special
rapporteur with a given  mandate, and 1998/63 of 21 April 1998,(4) in which
the Commission decided to extend for one  year the mandate of its Special
Rapporteur on the situation of human rights in Myanmar, 
 
Gravely concerned that the Government of Myanmar still has not implemented
its commitment to take all necessary steps towards democracy in the light
of the results of the elections held in 1990,

Noting the contact between the Government of Myanmar and the National
League for Democracy, but regretting the failure of the Government of
Myanmar to engage in a substantive political dialogue with Aung San Suu Kyi
and other political leaders, including representatives of ethnic groups,

Noting with concern that the Government of Myanmar has not permitted a
visit by the Personal Emissary of the Secretary-General,

Noting with deep regret the continued failure of the Government of Myanmar
to cooperate with the Special Rapporteur,

Gravely concerned at the continuing and consistent violations of human
rights in Myanmar, as reported by the Special Rapporteur,

Noting with grave concern the content of the report of the International
Labour Organization Commission of Inquiry, appointed in March 1997, in
accordance with article 26 of the  International Labour Organization
Constitution, regarding the observance by Myanmar of the Forced Labour
Convention, 1930 (No. 29), which indicates a widespread and systematic use
of forced labour imposed by the military on the civilian population,

Recalling the observation made by the Special Rapporteur 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,


1. Expresses its appreciation to the Special Rapporteur of the Commission
on Human Rights on the situation of human rights in Myanmar for his interim
report;(5)

2. Urges the Government of Myanmar to cooperate fully with all United
Nations authorities and bodies, in particular and without further delay
with the Special Rapporteur, and to ensure his access to Myanmar, without
preconditions, in order to establish direct contact with the Government and
all other sectors of society to allow him fully to discharge his mandate;

3. Also expresses its appreciation to the Secretary-General for his
report,(6) and notes
with concern the observations contained in the report; 

4. Deplores the continuing violations of human rights in Myanmar, including
extrajudicial and arbitrary executions, rape, torture, inhuman treatment,
mass arrests, forced  labour, forced relocation and denial of freedom of
expression, assembly, association and  movement, as reported by the Special
Rapporteur;

5. Notes with deep concern the increased restrictions on the freedom of
movement and the large numbers of arbitrary detentions and harassment of
political activitists, including elected representatives to the Parliament,
and urges the Government of Myanmar to permit unrestricted communication
with and physical access to Aung San Suu Kyi, as well as other political
leaders, and to protect their physical well-being;

6. 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;

7. Urges the Government of Myanmar to urgently expand and intensify its
contacts with the National League for Democracy with a view to engaging in
a substantive political dialogue with the General Secretary of the League,
Aung San Suu Kyi, and other political leaders, including representatives of
ethnic and other groups, as the best means of promoting national
reconciliation and the full and early restoration of democracy;

8. Strongly urges the Government of Myanmar, taking into account 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 and non-governmental organizations can function freely,
and in that context notes that the National League for Democracy recently
established a committee to temporarily represent the Parliament;

9. Also 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.    Further strongly urges the Government of Myanmar to ensure full
respect for human rights and fundamental freedoms, including freedom of
expression, association, movement and assembly, the right to a fair trial
and the protection of the rights of persons belonging to ethnic and
religious minorities, 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, and to fulfil its obligations to end the impunity of
perpetrators of human rights violations, including members of the military,
and to investigate and prosecute alleged violations committed by government
agents in all circumstances;

11.    Calls upon the Government of Myanmar to implement fully the
recommendations  made by the Special Rapporteur;

12.    Welcomes the accession by the Government of Myanmar to the
Convention on the Elimination of All Forms of Discrimination against
Women,(7) and appeals to the  Government of Myanmar to consider becoming a
party to the International Covenant on Civil and Political Rights,(2) the
International Covenant on Economic, Social and Cultural Rights (2) and the
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment
or Punishment(8) and the International Convention on the Elimination of All
Forms of Racial Discrimination;(9)

13.    Strongly urges the Government of Myanmar to fulfil its obligations
with regard to the Convention on the Rights of the Child, as set out in the
concluding comments of the Committee on the Rights of the Child;

14.    Also strongly 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, and to implement the recommendations of the International
Labour Organization Commission of Inquiry regarding the implementation of
the Forced Labour Convention, and encourages further communication between
the Government and the International Labour Organization;

15.    Stresses the importance for the Government of Myanmar to give
particular attention to improving the conditions in the country's jails and
to allow the competent international humanitarian organization to
communicate freely and confidentially with prisoners;

16.    Calls upon the Government of Myanmar and other parties to the
hostilities in Myanmar to respect fully the obligations under international
humanitarian law, including article 3 common to the Geneva Conventions of
12 August 1949, to halt the use of weapons against the civilian population,
to protect all civilians, including children, women and persons belonging
to ethnic or religious minorities, from violations of humanitarian law and
to avail themselves of such services as may be offered by impartial
humanitarian bodies;

17.    Expresses concern that the human rights situation in Myanmar, and
the lack of stability, has resulted in flows of refugees to neighbouring
countries, and may cause further negative effects for these countries, and
therefore calls upon the Government of Myanmar to create the necessary
conditions to ensure an end to the movements of refugees to neighbouring
countries and to create conditions conducive to their voluntary return and
their full reintegration, in conditions of safety and dignity;

18.    Welcomes the recent visits to Myanmar by the Envoy of the
Secretary-General for the purpose of discussions with the Government and
with Aung San Suu Kyi and other political leaders, and further encourages
the Government of Myanmar to engage in a broader and more regular dialogue
with the Secretary-General and to facilitate access by his representative
to all sectors of society in Myanmar;

19.    Requests the Secretary-General to continue his discussions on the
situation of human rights and the restoration of democracy with the
Government of Myanmar, and to submit additional reports to the General
Assembly during its fifty-third session on the progress of these
discussions, and to report to the Assembly at its fifty-fourth session and
to the Commission on Human Rights at its fifty-fifth session on the
progress made in the implementation of the present resolution;

20.    Decides to continue its consideration of this question at its
fifty-fourth session.

______________________


(1) Resolution 217 A (III).

(2) Resolution 2200 A (XXI), annex.

(3) See "Official Records of the Economic and Social Council, 1992,
Supplement No. 22" (E/1992/22), chap. II, sect. A.

(4) See Official Records of the Economic and Social Council, 1998,
Supplement No. 3 (E/1998/23), chap. II, sect. A.

(5) A/53/364

(6) A/53/657

(7) Resolution 34/180, annex.

(8) Resolution 39/46, annex.

(9) Resolution 2106 A (XX)

(10) Resolution 44/25, annex.

(11) CRC/C/15/Add.69.

(12) United Nations, Treaty Series, vol. 75, Nos. 970?973.