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

Fwd: Lallah report to the 55th UNHR (r)



Subject: Fwd: Lallah report to the 55th UNHRC (Part 3)


>>X-From_: owner-burmanet-l@xxxxxxx  Sat Mar 20 08:17:08 1999
>>Date: Fri, 19 Mar 1999 13:47:57 +0100
>>From: "asb" <asb@xxxxxxxxxxx>
>>Sender: owner-burmanet-l@xxxxxxx
>>Subject: Lallah report to the 55th UNHRC (Part 3)
>>To: <burmanet-l@xxxxxxxxxxx>
>>X-Mailer: QUALCOMM Windows Eudora Pro Version 4.0
>>X-Sender: strider@xxxxxxxxxxxxxxx
>>
>>
>>VERSION FRANCAISE <http://www.birmanie.int.ch/~asb/cdh/rappcdh99.html>
>>
>>
>>IV.  CONCLUSIONS AND RECOMMENDATIONS
>>  
>>A.  Conclusions
>>
>>73.   The Special Rapporteur has previously reported that Myanmar law and
>>orders of the State Law and Order Restoration Council (SLORC) themselves
>>violate basic freedoms, including the freedoms of expression and
>>association. The Government of Myanmar continues to intimidate its citizens
>>and prevents them from exercising their fundamental rights to freedom of
>>association and expression by prosecuting persons for criminal and
>>treason-related offences.
>>The Special Rapporteur notes that many citizens are still being arrested
>>for peaceful expression of their ideas.  As mentioned above, political
>>party leaders and their members are being held, for an undetermined period,
>>against their will and without any charges being brought against them. 
>>Moreover, it is evident that the total State domination of the media,
>>together with the existence of a wide range of SLORC orders criminalizing
>>freedom of expression, seriously undermines the exercise of this right as
>>well as the right to freedom of association.
>>74.   Conditions in Myanmar prisons fall short of international standards,
>>i.e. the Standard Minimum Rules for the Treatment of prisoners, the Basic
>>Principles for the Treatment of Prisoners and the Body of Principles for
>>the Protection of All Persons under Any Form of Detention or Imprisonment.
>>75.   The non-acceptance by Myanmar of the customary ICRC procedures for
>>visits to places of detention is highly prejudicial to the amelioration of
>>conditions of detention in Myanmar.
>>76.   The phenomenon of displacement would appear to be limited largely, if
>>not exclusively, to ethnic minorities.  The problem is not new and
>>originates mainly from the absence of a political solution dating back to
>>colonial times and before.  The ceasefire agreements concluded in recent
>>years are a beginning to a solution but are likely to be fruitless until
>>serious and meaningful measures are taken to engage in a political dialogue
>>which includes the ethnic minorities.
>>77.   The army has been implicated in human rights abuses resulting in
>>displacement.  This is partly attributable to the fact that the armed
>>forces constitute the only institution vested with law enforcement.  The
>>
>>armed forces are occasionally involved in restoring public order, although
>>no specific training is given for this task and those involved in such
>>operations merely resort to the use of military equipment and military
>>tactics.  In such cases a number of provisions of international
>>humanitarian law, such as article 17 of Protocol II Additional to the
>>Geneva Conventions, which prohibits the displacement of civilian
>>populations for reasons related to the conflict, are relevant and must be
>>observed.
>>78.   Impunity remains a very serious problem.  Retaliatory massacres of
>>villagers and massive human rights violations of civilians have occurred.
>>In all these instances the right to life and security of the person, in
>>particular of women and children, are violated.  In addition, corruption,
>>which is on the rise, is a serious problem particularly as law enforcement
>>and the administration of justice are casualties of military rule.
>>79.   As observed earlier, none of the displaced persons living in Myanmar
>>itself or in Thailand will be able to return home immediately, as their
>>houses and land have been destroyed or others have moved onto their land. 
>>Deeply embedded insecurity and fear also prevent return.  Where return to
>>the home areas becomes impossible, alternative solutions are required to
>>ensure the  basic rights to life, protection of personal security and from
>>cruel, inhuman or degrading treatment, health, education and family unity,
>>among others.
>>
>>B.  Recommendations
>>
>>80.   Since the situation of human rights in Myanmar is worsening and the
>>repression of civil and political rights continues unabated, the Special
>>Rapporteur feels bound to renew the detailed recommendations he made in
>>paragraphs 7 to 97 of his last report to the Commission on Human Rights
>>(E/CN.4/1998/70) and in paragraphs 61 to 63 of his interim report to the
>>General Assembly (A/53/364).
>>81.   In addition, in view of the ever growing humanitarian crisis in Shan,
>>Karen and Karenni States, in particular, assistance to the displaced and
>>other conflict-affected persons should become a priority for the
>>Government.
>>82.   Because the displaced and other conflict-affected persons have a wide
>>variety of urgent needs, the Government should seek the assistance of the
>>international community, through the United Nations system and its
>>specialized agencies, governmental and intergovernmental organizations, as
>>well as non governmental organizations, in assessing the nature and extent
>>of the assistance needs and in responding to those needs in a rapid and
>>flexible manner.
>>83.   Clearly, the military solution that has been adopted by the
>>Government in the ethnic areas has become a serious problem rather than a
>>solution. A political solution in the ethnic areas in the context of the
>>political dialogue recommended in paragraphs 79 of the Special Rapporteur's
>>last report to the Commission has become urgent in order to prevent a
>>worsening of the present humanitarian disaster.
>>----------------------------------------------------
>>Notes
>>1/ "Forgotten victims of a hidden war: internally displaced Karen in
>>Burma", published by Burma Ethnic Research Group and the Friederich Naumann
>>
>>Foundation, April 1998
>>2/ "Dispossessed : forced relocation and extrajudicial killings in Shan
>>State", Shan Human Rights Foundation, April 1998
>>3/ Burmese Border Consortium, "Regugge relief programme - Programme report
>>for the period January to June 1998", July 1998
>>4/ Ibid.
>>----------------------------------------------------------------------------
>>--------------------------------------------------------------------------
-- 
Internet ProLink PC User