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CHR BURMA RESOLUTION (full text)



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This is the text of the resolution adopted by consensus (i.e.
without a vote) by the UN Commission on Human Rights on 23 April 1999
*********************

UNITED NATIONS

COMMISSION ON HUMAN RIGHTS
Fifty fifth session
Agenda item 9
 

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
 
Australia, Austria, Belgium, Bulgaria, Canada, Costa Rica, Cyprus, Czech
Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland,
Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Netherlands,
Malta, New Zealand, Norway, Poland, Portugal, Republic of Korea, Romania, San
Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom of Great
Britain and Northern Ireland, United States of America: draft resolution
 

          1999/...  Situation of human rights in Myanmar

The Commission on Human Rights,

    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 as elaborated in the Universal Declaration of Human Rights,
the
International Covenants on Human Rights and other applicable human rights
instruments, 

Gravely concerned at the increasingly severe and systematic violations of human
rights in Myanmar and the failure of the Government of Myanmar to cooperate
with the Special Rapporteur,

Aware that the Universal Declaration of Human Rights states that the will of
the people shall be the basis of the authority of government and therefore
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,

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,

Mindful that Myanmar is a party to the Convention on the Rights of the Child,
the Convention on the Elimination of All Forms of Discrimination Against Women,
the Geneva Conventions of 12 August 1949 on the protection of war victims, the
Forced Labour Convention of 1930 (No. 29) and the Freedom of Association and
Protection of the Right to Organise Convention (No. 87,  

Recalling previous resolutions of the General Assembly and the Commission on
Human Rights on the subject, most recently General Assembly resolution 53/162
of 9 December 1998 and Commission resolution 1998/63 of 21 April 1998, 
                                        

1. Welcomes:
                                      
(a) The report of the Special Rapporteur (E/CN.4/1999/35) and the report of the
Secretary General (E/CN.4/1999/29); 
                                        
(b) The accession of the Government of Myanmar to the Convention on the
Elimination of All Forms of Discrimination Against Women, and earlier to the
Convention on the Rights of the Child; 
                                        
(c) The pardoning and release on humanitarian grounds on 20 January of U Ohn
Myint and on 11 February of Dr Tida, but notes at the same time a significant
increase in the amount of political prisoners during 1998;

(d) The efforts currently being undertaken by the Special Envoy of the
Secretary-General for a visit to Myanmar in the month of May 1999;

2. Reaffirms the need to provide adequate protection and assistance for persons
fleeing from Myanmar, and in this context takes note with appreciation of the
efforts of the Government of Thailand in providing assistance and the expanded
role played by the Office of the United Nations High Commissioner for Refugees;


3. Expresses its grave concern:
                      
(a) At the continued closure of many institutions of higher education for
political reasons for over two years;

(b) That the composition and working procedures of the National Convention do
not permit either Members of Parliament-elect or representatives of the ethnic
minorities to express their views freely, and is concerned that the National
Convention does not work towards national reconciliation
                
(c) At the widespread and systematic use of forced labour, as indicated in the
report of the Commission of Inquiry set up under article 26 of the Constitution
of the International Labour Organization, and the failure of the Government so
far to implement the Commission's recommendation that it ensure the cessation
by the authorities, and in particular the military, of such practices;

(d) That the Government of Myanmar refuses to cooperate with, and has not yet
agreed to a visit by, the Special Rapporteur;


4. Deplores:

(a) The continuing violations of human rights in Myanmar, as reported by the
Special Rapporteur, including extrajudicial, summary or arbitrary executions
(particularly in areas of ethnic tension) and enforced disappearances, torture,
abuse of women and children by government agents, arbitrary seizures of land
and property, and the imposition of oppressive measures directed in particular
at ethnic and religious minorities, including systematic programmes of forced
relocation, destruction of crops and fields, and the widespread use of forced
labour, including work on infrastructure projects and as porters for the
army;                                        

(b) The wide disrespect of the rule of law, including increasing numbers of
arbitrary and politically motivated detentions and arrests, detentions without
trial, sometimes without the knowledge of the families of detainees, and the
abuse of the judicial process, including trial of detainees in secrecy, without
proper legal representation and the inhuman treatment of prisoners, leading to
illness and deaths in custody, as reported by the Special Rapporteur;

(c) The violations of rights of persons belonging to minorities, including the
systematic programmes of forced relocations directed against ethnic minorities,
notably in Karen, Karenni, Rakhine and Shan States and in Tennasserim Division,
resulting in flows of refugees to neighbouring countries, thus creating
problems for the countries concerned, and particularly the condition of
statelessness, the confiscation of land and the restrictions on movement faced
by returning Rohingya refugees, which has contributed to movements out of the
country;

(d) The continuing violations of the rights of women, especially women
who are refugees, internally displaced women and women belonging to ethnic
minorities or the political opposition, in particular forced labour, sexual
violence and exploitation, including rape, as reported by the Special
Rapporteur;

(e) The continuing violations of the rights of children, in particular through
the lack of conformity of the existing legal framework with the Convention on
the Rights of the Child, by conscription of children into forced labour
programmes, through their military and sexual exploitation and through
discrimination against children belonging to ethnic and religious minority
groups; 

(f) The escalation in the persecution of the democratic opposition,
particularly members and supporters of the National League for Democracy, as
well as threats of deportation, arrest and physical violence against Daw Aung
Suu Kyi, and the continued harassment, arrest and detention of National League
for Democracy and other democratic group activists, including elected
representatives to the Parliament, students, trade unionists and members of
religious orders, for peacefully exercising their right to freedom of movement,
expression, assembly and association, the harsh long-term prison sentences
imposed on NLD supporters and at the Government's use of intimidatory methods
to force elected representatives and National League for Democracy members to
resign from their positions and to dissolve their party offices;

(g) The severe restrictions on the freedoms of opinion, expression, assembly
and association, the restrictions on citizens' access to information, including
censorship controls on all forms of domestic media and many international
publications, and the restrictions imposed on citizens wishing to travel within
the country and abroad, including the denial of passports on political grounds;
and gross interference in private life, family, home or correspondence;


5. Calls upon the Government of Myanmar:

(a) To establish a constructive dialogue with the United Nations system,
including the human rights mechanisms, for the effective promotion and
protection of human rights in the country;

(b) To continue to cooperate with the United Nations Secretary-General or his
representative and to broaden this dialogue, including through providing access
to any person deemed appropriate by them, and to implement their
recommendations;


(c) To consider becoming a party to the International Covenant on Civil and
Political Rights, the International Covenant on Economic, Social and Cultural
Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the International Convention on the Elimination of All
Forms of Racial Discrimination and the Convention relating to the Status of
Refugees and its Protocol; 

6. Urges the Government of Myanmar to cooperate fully, and without further
delay, with the Special Rapporteur, to allow him, without preconditions, to
conduct a field mission and to establish direct contacts with the Government
and all other relevant sectors of society, and thus to enable him fully to
discharge his mandate;


7. Strongly urges the Government of Myanmar:

(a)     To implement fully the recommendations made by the Special Rapporteur;

(b) To ensure full respect for human rights and fundamental freedoms, including
freedoms of expression, association, movement and assembly, the right to a fair
trial by an independent and impartial judiciary and the protection of the
rights of persons belonging to ethnic and religious minorities, and 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; 
                                        
(c)To take urgent and meaningful measures to ensure the establishment of
democracy in accordance with the will of the people as expressed in the
democratic elections held in 1990 and, to this end, to engage immediately and
unconditionally in a genuine and substantive dialogue with the leaders of
political parties, including Daw Aung San Suu Kyi, and of ethnic minorities,
with the aim of achieving national reconciliation and the restoration of
democracy, and to ensure that political parties and non-governmental
organizations can function freely, and in this context notes that the National
League for Democracy has established a committee to represent temporarily
members of Parliament elected in 1990 who are prevented by the authorities from
exercising their democratic mandate conferred on them by the people of Myanmar;

                                        
(d) 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; 

(e) To release immediately and unconditionally those detained for political
reasons, including those in "government guest houses", and to ensure their
physical integrity and to permit them to participate in a meaningful process of
national reconciliation;
                                                         
(f) Urgently to improve conditions of detention and to allow the competent
international humanitarian organization to communicate freely and
confidentially with prisoners;                         

(g) To ensure the safety and well-being of all political leaders, including Daw
Aung San Suu Kyi, and to permit unrestricted communication with and physical
access to Daw Aung San Suu Kyi and other political leaders; 


(h) To fulfil its obligations under the Convention on the Rights of the Child
and under the Convention on the Elimination of All Forms of Discrimination
against Women by bringing national legislation and practice into conformity
with these conventions;

(i) And all other parties to the hostilities in Myanmar to respect fully their
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 services offered by impartial
humanitarian bodies; 
                                        
(j) 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 cooperate more closely with the International Labour Organization, in
particular by implementing the conclusions of the Commission of Inquiry;

(k) To cease the laying of landmines, in particular as a means of ensuring
forced relocation, and to desist from the forced conscription of civilians to
serve as human minesweepers, as indicated in the Report of the ILO Commission
of Inquiry;
 
(l) To end the enforced displacement of persons and other causes of refugee
flows to neighbouring countries and to create conditions conducive to their
voluntary return and full reintegration in safety and dignity, including
returnees who have not been granted rights of full citizenship, in close
cooperation with the international community, through the United Nations system
and its specialized agencies, governmental and intergovernmental organizations,
as well as non-governmental organizations; 

(m) To fulfil its obligations to end 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; 


8. Decides:

(a) To extend the mandate of the Special Rapporteur, as contained in Commission
resolution 1992/58 of 3 March 1992, for a further year, and requests the
Special Rapporteur to submit an interim report to the General Assembly at its
fifty-fourth session and to report to the Commission at its fifty-sixth
session, and to keep a gender perspective in mind when seeking and analysing
information; 
                                        
(b) To request the Secretary-General to continue to give all necessary
assistance to the Special Rapporteur to enable him to discharge his mandate
fully, and to pursue all efforts to ensure that the Special Rapporteur is
authorized to visit Myanmar; 
                                        
(c) To request the Secretary-General to continue his discussions with the
Government on the situation of human rights and the restoration of democracy
and anyone he may consider appropriate in order to assist in the implementation
of General Assembly resolution 53/162 and of the present resolution; 
                                  
(d) To request the United Nations High Commissioner for Human Rights to
cooperate with the Director-General of the International Labour Organization
with a view to identifying ways in which their offices might usefully
collaborate for the improvement of the human rights situation in Myanmar;
      
(e) To request the Secretary-General to bring the present resolution to the
attention of all relevant parts of the United Nations system;

(d) To continue its consideration of this question at its fifty-sixth session. 
 
                                     
Adopted by consensus, 23/4/99

This "unofficial" text includes the amendments made orally on 23/4/99. The
"official" version will be published in a couple of months. 
 

Internet ProLink PC User

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<html>
<font face="Courier New, Courier">This is the text of the resolution
adopted by consensus (i.e.<br>
without a vote) by the UN Commission on Human Rights on 23 April
1999<br>
*********************<br>
<br>
UNITED NATIONS<br>
<br>
COMMISSION ON HUMAN RIGHTS<br>
Fifty fifth session<br>
Agenda item 9<br>
&nbsp;<br>
<br>
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<br>
&nbsp;<br>
Australia, Austria, Belgium, Bulgaria, Canada, Costa Rica, Cyprus, Czech
Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary,
Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg,
Netherlands, Malta, New Zealand, Norway, Poland, Portugal, Republic of
Korea, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden,
Switzerland, United Kingdom of Great Britain and Northern Ireland, United
States of America: draft resolution<br>
&nbsp;<br>
<br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 1999/...&nbsp;
Situation of human rights in Myanmar<br>
<br>
The Commission on Human Rights,<br>
<br>
&nbsp;&nbsp;&nbsp; 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 as elaborated in the Universal
Declaration of Human Rights, the<br>
International Covenants on Human Rights and other applicable human rights
instruments, <br>
<br>
Gravely concerned at the increasingly severe and systematic violations of
human rights in Myanmar and the failure of the Government of Myanmar to
cooperate with the Special Rapporteur,<br>
<br>
Aware that the Universal Declaration of Human Rights states that the will
of the people shall be the basis of the authority of government and
therefore 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,<br>
<br>
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,<br>
<br>
Mindful that Myanmar is a party to the Convention on the Rights of the
Child, the Convention on the Elimination of All Forms of Discrimination
Against Women, the Geneva Conventions of 12 August 1949 on the protection
of war victims, the Forced Labour Convention of 1930 (No. 29) and the
Freedom of Association and Protection of the Right to Organise Convention
(No. 87,&nbsp; <br>
<br>
Recalling previous resolutions of the General Assembly and the Commission
on Human Rights on the subject, most recently General Assembly resolution
53/162 of 9 December 1998 and Commission resolution 1998/63 of 21 April
1998, <br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
<br>
1. Welcomes:<br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
(a) The report of the Special Rapporteur (E/CN.4/1999/35) and the report
of the Secretary General (E/CN.4/1999/29); <br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
(b) The accession of the Government of Myanmar to the Convention on the
Elimination of All Forms of Discrimination Against Women, and earlier to
the Convention on the Rights of the Child; <br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
(c) The pardoning and release on humanitarian grounds on 20 January of U
Ohn Myint and on 11 February of Dr Tida, but notes at the same time a
significant increase in the amount of political prisoners during
1998;<br>
<br>
(d) The efforts currently being undertaken by the Special Envoy of the
Secretary-General for a visit to Myanmar in the month of May 1999;<br>
<br>
2. Reaffirms the need to provide adequate protection and assistance for
persons fleeing from Myanmar, and in this context takes note with
appreciation of the efforts of the Government of Thailand in providing
assistance and the expanded role played by the Office of the United
Nations High Commissioner for Refugees;<br>
<br>
<br>
3. Expresses its grave concern:<br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
(a) At the continued closure of many institutions of higher education for
political reasons for over two years;<br>
<br>
(b) That the composition and working procedures of the National
Convention do not permit either Members of Parliament-elect or
representatives of the ethnic minorities to express their views freely,
and is concerned that the National Convention does not work towards
national reconciliation<br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
(c) At the widespread and systematic use of forced labour, as indicated
in the report of the Commission of Inquiry set up under article 26 of the
Constitution of the International Labour Organization, and the failure of
the Government so far to implement the Commission's recommendation that
it ensure the cessation by the authorities, and in particular the
military, of such practices;<br>
<br>
(d) That the Government of Myanmar refuses to cooperate with, and has not
yet agreed to a visit by, the Special Rapporteur;<br>
<br>
<br>
4. Deplores:<br>
<br>
(a) The continuing violations of human rights in Myanmar, as reported by
the Special Rapporteur, including extrajudicial, summary or arbitrary
executions (particularly in areas of ethnic tension) and enforced
disappearances, torture, abuse of women and children by government
agents, arbitrary seizures of land and property, and the imposition of
oppressive measures directed in particular at ethnic and religious
minorities, including systematic programmes of forced relocation,
destruction of crops and fields, and the widespread use of forced labour,
including work on infrastructure projects and as porters for the
army;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
<br>
(b) The wide disrespect of the rule of law, including increasing numbers
of arbitrary and politically motivated detentions and arrests, detentions
without trial, sometimes without the knowledge of the families of
detainees, and the abuse of the judicial process, including trial of
detainees in secrecy, without proper legal representation and the inhuman
treatment of prisoners, leading to illness and deaths in custody, as
reported by the Special Rapporteur;<br>
<br>
(c) The violations of rights of persons belonging to minorities,
including the systematic programmes of forced relocations directed
against ethnic minorities, notably in Karen, Karenni, Rakhine and Shan
States and in Tennasserim Division, resulting in flows of refugees to
neighbouring countries, thus creating problems for the countries
concerned, and particularly the condition of statelessness, the
confiscation of land and the restrictions on movement faced by returning
Rohingya refugees, which has contributed to movements out of the
country;<br>
<br>
(d) The continuing violations of the rights of women, especially
women<br>
who are refugees, internally displaced women and women belonging to
ethnic minorities or the political opposition, in particular forced
labour, sexual violence and exploitation, including rape, as reported by
the Special Rapporteur;<br>
<br>
(e) The continuing violations of the rights of children, in particular
through the lack of conformity of the existing legal framework with the
Convention on the Rights of the Child, by conscription of children into
forced labour programmes, through their military and sexual exploitation
and through discrimination against children belonging to ethnic and
religious minority groups; <br>
<br>
(f) The escalation in the persecution of the democratic opposition,
particularly members and supporters of the National League for Democracy,
as well as threats of deportation, arrest and physical violence against
Daw Aung Suu Kyi, and the continued harassment, arrest and detention of
National League for Democracy and other democratic group activists,
including elected representatives to the Parliament, students, trade
unionists and members of religious orders, for peacefully exercising
their right to freedom of movement, expression, assembly and association,
the harsh long-term prison sentences imposed on NLD supporters and at the
Government's use of intimidatory methods to force elected representatives
and National League for Democracy members to resign from their positions
and to dissolve their party offices;<br>
<br>
(g) The severe restrictions on the freedoms of opinion, expression,
assembly and association, the restrictions on citizens' access to
information, including censorship controls on all forms of domestic media
and many international<br>
publications, and the restrictions imposed on citizens wishing to travel
within the country and abroad, including the denial of passports on
political grounds; and gross interference in private life, family, home
or correspondence;<br>
<br>
<br>
5. Calls upon the Government of Myanmar:<br>
<br>
(a) To establish a constructive dialogue with the United Nations system,
including the human rights mechanisms, for the effective promotion and
protection of human rights in the country;<br>
<br>
(b) To continue to cooperate with the United Nations Secretary-General or
his representative and to broaden this dialogue, including through
providing access to any person deemed appropriate by them, and to
implement their recommendations;<br>
<br>
<br>
(c) To consider becoming a party to the International Covenant on Civil
and Political Rights, the International Covenant on Economic, Social and
Cultural<br>
Rights, the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the International Convention on the
Elimination of All Forms of Racial Discrimination and the Convention
relating to the Status of Refugees and its Protocol; <br>
<br>
6. Urges the Government of Myanmar to cooperate fully, and without
further delay, with the Special Rapporteur, to allow him, without
preconditions, to conduct a field mission and to establish direct
contacts with the Government and all other relevant sectors of society,
and thus to enable him fully to discharge his mandate;<br>
<br>
<br>
7. Strongly urges the Government of Myanmar:<br>
<br>
(a)<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>To implement fully the
recommendations made by the Special Rapporteur;<br>
<br>
(b) To ensure full respect for human rights and fundamental freedoms,
including freedoms of expression, association, movement and assembly, the
right to a fair trial by an independent and impartial judiciary and the
protection of the rights of persons belonging to ethnic and religious
minorities, and 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; <br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
(c)To take urgent and meaningful measures to ensure the establishment of
democracy in accordance with the will of the people as expressed in the
democratic elections held in 1990 and, to this end, to engage immediately
and unconditionally in a genuine and substantive dialogue with the
leaders of political parties, including Daw Aung San Suu Kyi, and of
ethnic minorities, with the aim of achieving national reconciliation and
the restoration of democracy, and to ensure that political parties and
non-governmental organizations can function freely, and in this context
notes that the National League for Democracy has established a committee
to represent temporarily members of Parliament elected in 1990 who are
prevented by the authorities from exercising their democratic mandate
conferred on them by the people of Myanmar; <br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
(d) 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<br>
democracy, in particular through the transfer of power to democratically
elected representatives; <br>
<br>
(e) To release immediately and unconditionally those detained for
political reasons, including those in &quot;government guest
houses&quot;, and to ensure their physical integrity and to permit them
to participate in a meaningful process of national reconciliation;<br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
(f) Urgently to improve conditions of detention and to allow the
competent international humanitarian organization to communicate freely
and confidentially with
prisoners;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
<br>
(g) To ensure the safety and well-being of all political leaders,
including Daw Aung San Suu Kyi, and to permit unrestricted communication
with and physical access to Daw Aung San Suu Kyi and other political
leaders; <br>
<br>
<br>
(h) To fulfil its obligations under the Convention on the Rights of the
Child and under the Convention on the Elimination of All Forms of
Discrimination against Women by bringing national legislation and
practice into conformity with these conventions;<br>
<br>
(i) And all other parties to the hostilities in Myanmar to respect fully
their 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 services offered by impartial humanitarian bodies; <br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
(j) 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 cooperate more closely with the
International Labour Organization, in particular by implementing the
conclusions of the Commission of Inquiry;<br>
<br>
(k) To cease the laying of landmines, in particular as a means of
ensuring forced relocation, and to desist from the forced conscription of
civilians to serve as human minesweepers, as indicated in the Report of
the ILO Commission of Inquiry;<br>
&nbsp;<br>
(l) To end the enforced displacement of persons and other causes of
refugee flows to neighbouring countries and to create conditions
conducive to their voluntary return and full reintegration in safety and
dignity, including returnees who have not been granted rights of full
citizenship, in close cooperation with the international community,
through the United Nations system and its specialized agencies,
governmental and intergovernmental organizations, as well as
non-governmental organizations; <br>
<br>
(m) To fulfil its obligations to end 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; <br>
<br>
<br>
8. Decides:<br>
<br>
(a) To extend the mandate of the Special Rapporteur, as contained in
Commission resolution 1992/58 of 3 March 1992, for a further year, and
requests the Special Rapporteur to submit an interim report to the
General Assembly at its fifty-fourth session and to report to the
Commission at its fifty-sixth session, and to keep a gender perspective
in mind when seeking and analysing information; <br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
(b) To request the Secretary-General to continue to give all necessary
assistance to the Special Rapporteur to enable him to discharge his
mandate fully, and to pursue all efforts to ensure that the Special
Rapporteur is authorized to visit Myanmar; <br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
(c) To request the Secretary-General to continue his discussions with the
Government on the situation of human rights and the restoration of
democracy and anyone he may consider appropriate in order to assist in
the implementation of General Assembly resolution 53/162 and of the
present resolution; <br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
(d) To request the United Nations High Commissioner for Human Rights to
cooperate with the Director-General of the International Labour
Organization with a view to identifying ways in which their offices might
usefully collaborate for the improvement of the human rights situation in
Myanmar;<br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <br>
(e) To request the Secretary-General to bring the present resolution to
the attention of all relevant parts of the United Nations system;<br>
<br>
(d) To continue its consideration of this question at its fifty-sixth
session. <br>
&nbsp;<br>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<br>
Adopted by consensus, 23/4/99<br>
<br>
This &quot;unofficial&quot; text includes the amendments made orally on
23/4/99. The &quot;official&quot; version will be published in a couple
of months. <br>
&nbsp;<br>
</font><br>
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