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Fwd: Lallah report to the 55th UNHR



>>X-From_: owner-burmanet-l@xxxxxxx  Sat Mar 20 08:16:42 1999
>>Date: Fri, 19 Mar 1999 12:35:23 +0100
>>From: "asb" <asb@xxxxxxxxxxx>
>>Sender: owner-burmanet-l@xxxxxxx
>>Subject: Lallah report to the 55th UNHRC (Part 1)
>>To: <burmanet-l@xxxxxxxxxxx>
>>X-Mailer: QUALCOMM Windows Eudora Pro Version 4.0
>>X-Sender: strider@xxxxxxxxxxxxxxx
>>
>>Please find here following the report on "Situation of human rights in
>>Myanmar" to the 55th UNHCR.
>>VERSION FRANCAISE <http://www.birmanie.int.ch/~asb/cdh/rappcdh99.html>
>>UNITED NATIONS
>>Economic and Social Council
>>Distr. GENERAL
>>E/CN.4/1999/35
>>22 January 1999
>>Original:  ENGLISH
>>COMMISSION ON HUMAN RIGHTS
>>Fifty fifth session
>>Item 9 of the provisional agenda
>>  
>>  
>>      QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL 
>>                   FREEDOMS IN ANY PART OF THE WORLD
>>  
>>                  Situation of human rights in Myanmar
>>  
>>Report of the Special Rapporteur, Mr. Rajsoomer Lallah, submitted in
>>accordance with Commission on Human Rights resolution 1998/63  
>>
>>Introduction
>>  
>>1.   The present report is submitted pursuant to paragraph 5 of Commission
>>on Human Rights resolution 1998/63, adopted without vote on 21 April 1998,
>>in which the Commission on Human Rights requested the Special Rapporteur to
>>submit a report at its fifty fifth session.
>>
>>I.  ACTIVITIES OF THE SPECIAL RAPPORTEUR 
>>  
>>2.   The Special Rapporteur wishes to recall that, since his appointment in
>>June 1996, he has yet to be allowed by the Government of Myanmar to see the
>>situation on the ground, despite the repeated requests of the General
>>Assembly and the Commission on Human Rights that he have direct access to
>>the Government and people of Myanmar.
>>3.   In the meantime, the Special Rapporteur, through his missions and 
>>consultations, has received much assistance and information from
>>governmental, intergovernmental and non-governmental sources.  He has
>>further received information from individuals who have personal knowledge
>>of 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. 
>>4.   The Special Rapporteur submitted an interim report (A/53/364, annex)
>>to the General Assembly at its fifty-third session.
>>5.   While at Headquarters to present his report, the Special Rapporteur
>>met with several representatives of Governments and non-governmental
>>organizations and also private individuals who imparted their views and
>>information on the situation of human rights in Myanmar. 
>>6.   In his continuing effort to obtain the most accurate and up-to-date
>>
>>information on the situation of human rights in Myanmar, the Special
>>Rapporteur visited Thailand in December 1996 to assess that situation in
>>the light of information gathered from newly displaced persons from Myanmar
>>living in refugee camps along the Thai-Myanmar border.  The findings of the
>>mission are reflected in section III of this report. 
>>7.   The present report is based upon information received by the Special
>>Rapporteur through 31 December 1998.  The report is to be read in
>>conjunction with the Special Rapporteur's report to the General Assembly;
>>it updates certain matters discussed before the General Assembly while
>>treating some issues not addressed there.
>>
>>            II.  THE EXERCISE OF CIVIL AND POLITICAL RIGHTS
>>
>>A.  Measures adversely affecting democratic governance
>>
>>8.   In his report to the fifty-first session of the General Assembly
>>(A/51/466), the Special Rapporteur stated that the repressive political
>>climate in Myanmar since 1990 had made it virtually impossible for
>>opposition parties to function and they had been severely hampered through
>>constant repression and arrests, with a number of members of Parliament in
>>prison and  others in exile.  Two years later, the Special Rapporteur
>>continues to receive reports indicating that in Myanmar political parties
>>in opposition continue to
>>be subjected to intense and constant harassment by the regime with a view
>>to restricting their activities. 
>>9.   This harassment and the arrests increased during September 1998 when
>>200 representatives of the National League for Democracy (NLD) and elected
>>representatives from various constituencies and more than 650 party members
>>were arrested by the authorities following NLD's attempts to convene a
>>parliament comprising representatives of the country's various ethnic
>>groups
>>in accordance with the results of 1990 general election.
>>10.  On 6 October 1998, the United Nations High Commissioner for Human
>>Rights issued a press release in which she stated the following:   
>>"I have been following with increasing concern the intensification of
>>repression against Myanmar's political opposition over the last
>>few  weeks.  Recently, over 200 members of the National League for
>>Democracy (NLD) have been arrested or detained, while NLD  leader Aung San
>>Suu Kyi has been subjected to repeated harassment.  Further, conditions  of
>>  detention in the country fall far short of international standards, and a
>>number of prisoners are reported to have died while in custody. 
>>"It is clear from the Commission of Inquiry established by the
>>International Labour Organization that forced labour continues in
>>Myanmar.  Meanwhile, there also appears to be an official policy of forced
>>displacement of ethnic minorities, which has resulted in large numbers of
>>internally displaced and refugees in neighbouring countries.
>>"I raised these issues with the Foreign Minister of Myanmar, U Ohn Gyaw,
>>during a meeting in New York on 23 September but received no satisfactory
>>response.  I take this opportunity to call on the Government of Myanmar to
>>guarantee the rights of freedom of movement and association of all citizens
>>and to accelerate the process of national reconciliation leading to the
>>
>>enjoyment of all human rights.  I hope the people arrested or detained for
>>political reasons will be released and allowed to express freely their
>>views and opinion and demonstrate peacefully.
>>"I urge the Government to establish a constructive dialogue with  the
>>United Nations system, including the human rights mechanisms, in the
>>effective promotion and protection of human rights in the country.
>>Regrettably, the authorities have failed to respond to consistent requests
>>to allow the Special Rapporteur on the situation in Myanmar, Rajsoomer
>>Lallah, to conduct a field mission.  I reiterate my support for Mr.
>>Lallah's efforts to fulfil his mandate and again request the Government to
>>cooperate with him and allow him to have direct contacts with the people of
>>Myanmar."
>>11.  On 7 October 1998, one day following the High Commissioner's
>>statement, the State Peace and Development Council (SPDC) continued its
>>policy of restricting the legitimate activities of members of political
>>parties by arresting 54 NLD members.  According to a statement made the
>>same day by Myanmar authorities, the 54 persons were distributing leaflets
>>calling for the convening of the parliament and support for the NLD. 
>>According to the authorities, these groups were also in collusion with
>>illegal organizations within the country and abroad. 
>>12.  On the same day, the High Commissioner for Human Rights issued a
>>second statement stating the following:
>>"The latest detentions of opposition activists in Myanmar are very
>>worrying, indicating that the Government continues to ignore basic human
>>rights standards and the concern of the international community.
>>"Yesterday I deplored the intensifying wave of repression against Myanmar's
>>political opposition.  I reiterate in the strongest possible
>>terms my call to the Government of Myanmar to release all political
>>prisoners and to guarantee its citizens all fundamental human rights.
>>I also urge the Government to undertake a process of reconciliation with
>>the opposition and to cooperate fully with the human rights
>>mechanisms of the United Nations."
>>13.  On 23 October 1998, the Chairman-Rapporteur of the Working Group on
>>Arbitrary Detention together with the Special Rapporteur on torture of the
>>Commission on Human Rights addressed a letter to the Minister for Foreign
>>Affairs of Myanmar in which they referred to the specific case of Dr. U Saw
>>Mra Aung.  The letter states the following:
>>"We wish to draw Your Excellency's attention to information we have
>>received concerning the situation of Dr. U Saw Mra Aung, an  80-year old
>>medical doctor and an elected member of Parliament, who was allegedly
>>arrested on 6 September 1998.  In view of his old age, the source is
>>particularly concerned about his health while in detention.
>>It is also reported that on 7 October 1998, the State Peace and Development
>>Council announced that 54 people had been arrested in connection with a
>>conspiracy to 'incite unrest' by members of the National League for
>>Democracy and students said to be allied with foreign organizations.  It is
>>alleged that some of those detained before the 7 October press conference
>>were severely beaten during interrogation, and that they may not be
>>
>>receiving such medical assistance as they might require as a result."
>>14.  On 3 December 1998, the Permanent Representative of Myanmar to the
>>United Nations Office at Geneva responded to the letter by stating the
>>following: 
>>"I have since been informed by the authorities concerned in Myanmar that
>>the person under reference in your communication, Dr. Saw Mra Aung, was not
>>arrested as alleged.  He is comfortably accommodated at the government
>>guest house where he is accorded due courtesy and respect.  Dr. Saw Mra
>>Aung has unlimited access to his family.  On 26 October 1998 and again on
>>10 November 1998 he was chauffeured to his residence for overnight reunions
>>with his family."
>>15.  Myanmar officials claimed in numerous interviews and press statements
>>that the elected members of Parliament and other NLD members were not
>>arrested but were instead called for questioning and were treated as guests
>>in government gust houses.  In a news briefing held in Yangon on 22
>>November 1998, Lieutenant Colonel Hla Min stated that "arrangements were
>>made for NLD party members and elected representatives from various
>>constituencies to take up temporary residence at State guest houses in
>>their respective areas from 6 September onwards.  A total of 200 NLD
>>representatives and 651 party members were included in these arrangements."
>>
>>16.  According to the same article, 63 NLD representatives and 321 party
>>members who undertook not to participate in such "illegal activities" were
>>returned to their homes.  However, the Special Rapporteur has no
>>information on the fate of the remaining over 400 NLD representatives and
>>party members, their place of custody and health situation. 
>>17.  Since November 1995, when the NLD leaders withdrew from the National
>>Convention, there has been increasing harassment of the party by the
>>military regime, including arrests of hundreds of party members over the
>>last six months.  In December 1998, almost all of the members of the
>>organizing committees in the states, divisions, townships, wards and
>>villages have been taken into custody illegally for no apparent reason and
>>they are unable to fulfil their obligations and duties.  Most of these
>>elected parliamentarians have added responsibilities as either chairman or
>>secretary of the organizing committees in the townships.  The Special
>>Rapporteur observes that the SPDC is illegally arresting and detaining
>>numerous members of the NLD, including elected representatives who have in
>>no way violated any law.  The Special Rapporteur further wishes to note
>>that keeping people in so-called "guest houses" against their will or under
>>the threat that their detention will continue unless they desist from
>>political activities or abandon membership of the party or of their seat in
>>Parliament is no more than a euphemism for arbitrary imprisonment in
>>violation of article 9 of the Universal Declaration of Human Rights, as
>>more fully elaborated in article 9 of the International Covenant on Civil
>>and Political Rights. 
>>18.   Aside from the arbitrary arrests, NLD members have been subjected to
>>intense and systematic harassment.  It is reported that over the last six
>>
>>months, members of the party have been constantly intimidated by local
>>authorities as well as by armed forces personnel.  Their houses are under
>>constant surveillance.  Many members of political parties have reportedly
>>been evicted from State owned apartments where they had lived for many
>>years. The harassment of the NLD and the pressure under which its members
>>are living have led some of them to resign.  Such resignations are
>>publicized in the Government-controlled newspaper, New Light on Myanmar. 
>>As a further form of harassment, a concerted effort was made by local
>>authorities to remove all signs of an NLD presence on main roads or at any
>>place where they might be exposed widely to the public.  As a result of all
>>these repressive measures, virtually all the branch offices are closed.
>>19.   The resignations of NLD members and closures of NLD offices are
>>widely disseminated in the media, in terms that are almost identical in
>>nature and matter except for the particulars regarding the address,
>>department, and number of people.  The following are some examples:
>>"It has been learned that the entire township Executive Committee [EC] and
>>members of the National League for Democracy [NLD] party of  Ponnagyun
>>Township [in Arakan State] have resigned and the township branch of the NLD
>>was dissolved at their own request on 16 October 1998."
>>Source:  Rangoon TV Myanmar Network in Burmese, 1330 GMT, 11 November 1998.
>>"It has been learned that the Executive Committee [EC] members and all
>>members of Minbya Township National League for Democracy [NLD] in  Arakan
>>State have tendered their resignations and dissolved the township NLD out
>>of their own volition on 11 November 1998."
>>Source:  Rangoon TV Myanmar Network in Burmese, 1330 GMT, 25 November 1998.
>>"All members of the Executive Committee [EC] of the National League for
>>Democracy [NLD] in Kyunhla Township, Sagaing Division, have resigned of
>>their own volition and disbanded the NLD office in Kyunhla on 27 November
>>[1998]."
>>Source:   Rangoon TV Myanmar Network in Burmese, 1330 GMT, 3 December 1998.
>>"All Executive Committee [EC] members of Mong Yawng Township National
>>League for Democracy [NLD] in Eastern Shan State resigned from  the party
>>and the township office of the NLD was dissolved on 30 November."
>>Source:  Rangoon Radio Myanmar in Burmese, 1330 GMT, 9 December 1998.
>>
>>B.  Prison conditions
>>
>>20.   The current Special Rapporteur has not been able to visit Myanmar.
>>Given the fact that the former Special Rapporteur was denied access to
>>prison cells and could not meet with any detainee while visiting Myanmar,
>>and given the fact that the Government of Myanmar rejected the
>>International Committee of the Red Cross (ICRC) standard requirements for
>>visits to places of detention (i.e. that it meet prisoners in private, have
>>access to all prisons and be assured of repeat visits), the Special
>>Rapporteur can only rely on the complaints of former detainees such as
>>those with whom he met while in Thailand in the course of his recent visit.
>>The testimonies gathered from three former detainees strongly indicate
>>that Myanmar authorities are unwilling to open their jails to public
>>
>>scrutiny and that prison conditions fall far below minimum international
>>standards established by the United Nations.
>>21.   Prisoners are said to be denied adequate food (in amount and quality)
>>and health care, to be housed in unsanitary and degrading conditions and
>>subjected to cruel disciplinary practices or torture.
>>22.   Numerous allegations, often in considerable detail, have been
>>received alleging that members of the Myanmar military, intelligence and
>>security services and police continue to torture persons in detention or
>>otherwise subject them to cruel, inhuman or degrading treatment and
>>punishment. Such treatment seems to be routinely employed during the
>>interrogation of persons who have been arbitrarily arrested.  Many former
>>political detainees testified to having been put into leg irons and beaten
>>with canes, sometimes to the point of unconsciousness.  Testimonies from
>>reliable sources indicate that detainees are very often forced to sleep on
>>cold cement, and that many of them suffer from sickness and serious
>>diseases.  Cells are often overcrowded and prisoners are provided with
>>inadequate hygiene or medical care.
>>23.   Bribery and corruption are said to be a major problem in Myanmar
>>prisons.  Although families can bring food and medicines to their
>>relatives, such supplies are reportedly often confiscated by the prison
>>authorities. 
>>24.   The Special Rapporteur was told that hundreds of prisoners have been
>>forced to work under extremely harsh conditions on infrastructure projects
>>without being released at the completion of their duties.  It has also been
>>alleged that convicts are taken from prison to serve as porters, often
>>shortly before their sentences are to expire, and then forced to work under
>>very poor conditions long after they should have been released from prison.
>>Apparently, prisoners can avoid going to such camps if they pay large
>>bribes to the prison authorities.  Persons released from prison stated that
>>during their detention they were not allowed to have any reading material,
>>including the State-run newspaper, or material with which to write, or
>>non-political literature; they were reportedly also denied access to
>>radios. 
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