53RD'UNGA(1998): STATEMENT OF SPECI

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Subject: 53RD'UNGA(1998): STATEMENT OF SPECIAL RAPPORTEUR

POSTED 20-OCT-99, 6:00AM
[Document may be found at UN home page www.un.org]

UNITED NATIONS SPECIAL RAPPORTEUR ON BURMA:
STATEMENT TO THE GENERAL ASSEMBLY

STATEMENT MADE BY JUDGE RAJSOOMER LALLAH, SPECIAL RAPPORTEUR OF THE
COMMISSION ON HUMAN RIGHTS ON THE SITUATION OF HUMAN RIGHTS IN MYANMAR
TO THE FIFTY-THIRD SESSION OF THE GENERAL ASSEMBLY

4 November, 1998

Mr. Chairman,

I first addressed your Committee as Special Rapporteur on the situation
of human rights in Myanmar in November 1996. At that time I offered an
interim report based on a historical analysis of the politico-legal
structure of a military regime which had assumed power in circumstances
which constituted a break with constitutionality and legal continuity
(Doc. A/51/466 paragraphs 17 to 34). I also concluded that the
continuance of this structure was at variance with the international
norms of democratic governance as proclaimed in Article 21 of Universal
Declaration of Human Rights. I further analyzed material parts of
Declaration No. 1/90, issued by the regime on 27 July 1990, shortly
after the general elections of May 1990. This declaration clearly
proclaimed the commitment of the regime to take measures for summoning
the House of Assembly and to confer on the representatives elected by
the people the responsibility to draw up the constitution of the future
democratic state. I also analyzed how the regime went back on its
commitment and created number of obstacles to thwart the freely
expressed will of the people. Among these obstacles was the creation in
1993 of a national convention constituted by hand-picked delegates,
leading to the marginalization and eventual expulsion and the political
party which had won elections. The work of this convention seems
interminable and is shrouded in secrecy and not open to public debate.

Mr. Chairman, 

Given the composition, procedures and the mandate of this convention
which sought to confer a leading political role on the Army in the
constitutional system, the clear conclusion that suggested itself was
that the national convention did not constitute genuine steps towards
democratic governance or the implementation of the will of the people as
expressed in the general elections of 1990. Consequently the General
Assembly and the Commission on Human Rights have repeatedly called upon
the regime to engage in a genuine dialogue with the party which had won
the elections dn the representatives of ethnic minorities in order to
find a solution which would respect the will of the people. This
dialogue has yet to be genuinely engaged.

Mr Chairman,

I ahve thought it necessary to recall these previous conclusions in view
of the Memorandum which the Government of Myanmar has caused to be
circulated as an official document at this session of the Assembly.

Mr Chairman,

The General Assembly and the Commission on Human Rights have indicated
that the absence of the rights pertaining to democratic governance has
been at the root of all major violations of human rights in Myanmar.
Ever since my appointment, I have had the unpleasant task of receiving,
scrutinising and recording a constant flow of complaints of violations
of human rights in that country. My attempted and unsuccessful exchanges
with the Government, the exchanges of my colleagues, the thematic
Rapporteurs, as well as those of the High Commissioner for Human; Rights
have only served to confirm the general veracity of the allegations.
Indeed, this remains plain to see from an analysis of the present
military order in Myanmar. While the Government is still refusing to
cooperate with me, the allegations continue to be received. My analysis,
based on information from governmental, inter-governmental and other
sources, including testimony from persons interviewed, remains the same,
Thus, six years after the establishment of this mandate by the
Commission on Human Rights, I can, as my predecessor, only report that
serious violations of huuman rights continue to take place in Myanmar.

Mr Chairman,

It would appear that, given the lack of meaningful measures by the
Government in the re-establishment of a democratic order, the political
opposition has sought this year to intensify its legitimate activities.
I have been following with increasing concern the consequent
intensification of repression against it over the last few months.
Indeed, over 800 members of the National League for Democracy (NLD) have
been recently arrested or detained, while NLD leader Aung San Suu Kyi
has been subjected to continuous restrictions on her movement and
repeated harassment. A great number of members and supporters of the
opposition still remain subject to long terms of imprisonment imposed
under repressive laws. Further, conditions of detention in the country
fall far short of international standards and a number of prisoners have
died while in custody.

Mr. Chairman,

The Government continues forcibly to displace persons belonging to
non-Burmese origins, in particular in the eastern part of the country.
Hundreds of thousands of persona have been forcibly relocated. They are
effectively faced with one of two choices: either to flee to neighboring
countries or to move to military relocation camps. They are not
compensated for the loss of their property nor ar they able to appeal
against the displacement orders. Those who are unable to cross the
frontier are scattered in Shan, Karenni and Karen States, living in
precarious sanitary and economic conditions. This fundamentally
discriminatory programme of relocation violates a host of human rights
obligations, including the right to physical integrity, freedom or
movement and the rights to privacy and property.

Mr Chairman,

The practice of forced labour continues to be implemented by the
Government. I wish to observe that the conclusions and recommendations I
have made over the last three years in this regard are shared by the
recent Commission of Inquiry established by the ILO. The commission's
mandate was to consider whether, and to what extent, the alleged
violations exist or existed and to make any appropriate recommendations.
Among other matters, the Commission has observed that: "There is
abundant evidence throughout Myanmar by the authorities and the military
for portering, the construction, maintenance and servicing of military
camps, other work in support of the military, work on agriculture,
logging and other produc tion projects undertaken by the authorities of
the military, sometimes for the profit of private individuals, the
construction dn maintenance of roads, railways and bridges, other
infrastructure work and a range of other tasks."

The Commission has also stated that "In actual practice, the manifold
exactions of forced labour often give rise to the extortion of money in
exchange for a temporary alleviation of the burden, but also to threats
to the life and security and extrajudicial punishment of those
unwilling, slow or unable to comply with a demand for forced labour;
such punishment or reprisals range from money demands to physical abuse,
beatings, torture, rape and murder."

Mr. chairman,

In the interventions before the Commission on Human Rights and the
General Assembly, the representatives of the Government of Myanmar have
continued to provide a number of explanations, including denials of what
is in effect reality, and have ended up by doing nothing significant to
change the grave situation of human rights in Myanmar. Representatives
of the Government have stated that my report contains false information
from tainted sources and that no violations of human rights have taken
place. At the same time, however, the Government has so far not
responded to the repeated requests of the General Assembly and the
Commission on Human Rights to allow me to visit the country. Lastly, the
Government would appear to maintain that the constitutional framework
regulating governance and human rights is an internal, domestic mater
for the people of Myanmar and must suffer no international interference.
One would have thought the people did make their choice in 1990 and
that, in any event, the position adopted by the Government is
incompatible with the obligations it has assumed under Article 56 of the
Charter and the universal norms governing civil and political rights.

Thank you Mr. Chairman.
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