1999 REPORT BY THE SPECIAL RAP ON M

[darnott@xxxxxxxxxxx]

1999 REPORT BY THE SPECIAL RAP ON MYANMAR TO THE UNGA

[NOTE BY DAVID ARNOTT: THIS REPORT IS AN UPDATE OF, AND MEANT TO BE READ
WITH , THIS YEAR'S REPORT TO THE COMMISSION ON HUMAN RIGHTS  (SEE PARA 3).
IT ALSO (SEE PARA 54) RENEWS THE RECOMMENDATIONS MADE IN THE 1998 REPORT TO
THE GA. I AM THEREFORE RE-POSTING THESE TWO REPORTS, BOTH IN 2 PARTS. 

THE PAST FEW YEARS' CHR AND GA REPORTS AND RESOLUTIONS ON THE SITUATION OF
HUMAN RIGHTS IN MYANMAR CAN BE FOUND ON THE UN HUMAN RIGHTS WEBSITE,
www.unhchr.ch  ]

*********************

Distr. GENERAL

A/54/440
30 September 1999

Original: ENGLISH

Fifty-fourth session
Item 117(c) of the Provisional Agenda


                          ADVANCE UNEDITED REPORT

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

                    Situation of human rights in Myanmar

                       Note by the Secretary-General

The Secretary-General has the honour to transmit to the members of the
General Assembly the interim report prepared by Rajsoojmer Lallah, Special
Rapporteur of the Commission on Human Rights on the situation of human
rights in Myanmar, in accordance with Commission resolution 1999/17 of 23
April 1999 and Economic and Social Council decision 1991/231 of 27 July
1999.

                                  CONTENTS

                                                         Paragraphs
            I. Introduction                       1 - 3

            II. THE EXERCISE OF CIVIL AND         4 - 20
                   POLITICAL RIGHTS

            III. FORCED LABOUR                    21 -29

            IV. SITUATION IN THE ETHNIC MINORITY  30 -37
                   STATES

            V. UNITED NATIONS PROGRAMMES IN       38 -49
                   MYANMAR

            VI. Conclusions and Recommendations   49 - 54


                              I. Introduction

1. The present interim report is submitted pursuant to paragraph 8 (a) of
Commission on Human Rights resolution 1999/17.

2. The Special Rapporteur wishes to recall that, since his appointment in
June 19996, 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
Myanmar. In the latest resolution of the Commission on Human Rights, the
Commission urged 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
enable him fully to discharge his mandate". The Special Rapporteur regrets
that the Government of Myanmar is still unwilling to establish a
constructive dialogue with the human rights mechanisms established by the
United Nations for the effective promotion and protection of human rights.

3. The present interim report is based upon information received by the
Special Rapporteur up to 30 August 1999 and is to be read in conjunction
with the Special Rapporteur's last report to the Commission on Human Rights
(E/CN.4/1999/35).


               II. The exercise of civil and political rights

A. Measures adversely affecting democratic governance

4. Many reports indicate that political parties in opposition continue to
be subject to intense and constant monitoring by the regime, aimed at
restricting their activities and prohibiting members of political parties
from leaving their localities. Existing orders and directives from the
State Peace and Development Council (SPDC), prohibit members of political
parties from leaving their localities or even their houses without prior
permission from the authorities; those violating the orders risk arrest and 
interrogation by the police or military intelligence agents. The aim of these 
directives is said to be to exert pressure and to intimidate. They have in
fact 
led the members of the National League for Democracy (NLD) to resign. 
For instance, it was reported that in Kachin State, membership in the NLD 
has dwindled from over 4,000 to around 30. A number of NLD working committees 
throughout the country were dismantled by the authorities and their offices
forcibly shut down.

5. As a result of widespread rumours of a planned mass uprising on 9
September 1999, also known as 9-9-9-9, it was reported that more than 100
persons have been arrested in the past three months in Yangon and others in
the provinces.

6. On 9 September 1999, the regime is reported to have obstructed a meeting 
organized by the NLD in Yangon to mark the anniversary of the formation by 
the opposition of a committee to represent the persons elected in the May 1990 
general elections. The streets leading to the party headquarters were
reported to
 have been blocked by police, who only allowed party members through.
Journalists 
and the public were barred. Other measures to disrupt the meeting included 
preventing people from outside Yangon from attending and detaining non-party 
members involved in the preparations for the meeting.

7. Between 19 and 24 July 1999, in Bago, central Myanmar, a group of 19
persons were reportedly arrested by state authorities, allegedly in
connection with the planning of a march on 19 July commemorating the
fifty-second anniversary of the assassination of General Aung San. From 16
to 18 July, pamphlets had reportedly been distributed and walls
spray-painted to announce the march which was planned to demonstrate
support for the NLD, the lowering of food prices, and a revision of the
salaries of civil servants. A three-year-old child, Thaint Wunna Khin,
daughter of activist was with Kyan Wunna, her mother, one of the group of
19, when she was arrested. On 30 July, Thaint Wunna Khin was released;
however, her mother, Ma Khin Khin Leh, and 17 other prisoners remain in
detention, 6 of them members of Kyan Wunna's family.

8. On 28 July 1999, the Special Rapporteur on the question of torture and
the Special Rapporteur for the promotion and protection of the right to
freedom of opinion and expression of the Commission on Human Rights sent a
joint communication to the Government of Myanmar on behalf of the members
of the group, namely Ma Khin Khin Leh (33) and her daughter, Aye Swe (55),
Daw Tin Tin (50), Kyaw Kyaw Oo (33), Zaw Myint (49), Daw Tin Tin (47), Ko
Zaw Zaw Latt (20), Ba Chit (48), Ye Tint (45), win Myint (45), Dr. Shwe Bo
(45), Ma thida Htway (20), Ko Lwin Moe Myint (27), Ko Myint Oo (30), Ko Ah
Thay Lay (21), Ko Hla Win (23) and two unnamed female physicians in their
mid forties, expressing fears for the safety of the detainees during their
interrogation at various detention centres by a local Military Intelligence
branch (MI3), including that they would be exposed to the risk of torture
and other forms of ill-treatment.

9. Regarding the above-mentioned case, it has been noted that while
political dissidents appear to be the main targets, in order to intimidate
and eliminate all opposition activities, their families are targeted as
well. Military Intelligence (MI) reportedly arrested his wife and daughter
because they could not find Kyaw Wunna.

10. In a governmental information sheet dated 29 July 1999, the authorities
categorically rejected the allegation that a three-year-old child had been
detained. The sheet stated that people had been called in for questioning
in Bago because pamphlets printed by an armed terrorist group calling for
civil unrest on [9-9-9-9] had been found hidden at Kyaw Wunna's house and
some other places on 17 July; it was only because of their activities,
connection and involvement with the outlawed armed terrorist group that the
people involved had been called in for questioning.

11. The Special Rapporteur notes that no information has so far been given
as to whether the individuals concerned have been formally charged with a
criminal offence, or whether members of their families or legal
representatives have been granted access to them.

12. It was also reported that on 2 August 1999 Kyaw Aung (age 23, trader),
Kyaw Min Htun (20, student), Pyo Wai (19, student) and Maung Saw (18,
student) were arrested at their home in Bago by military intelligence and
are currently being detained at the MI3 interrogation centre in Bago. It
was reported that these arrests are part of actions taken by the regime
against a series of small demonstrations and other protests in Bago,
reflecting widespread discontent at the country's political situation. As a
result of the activities of their children, the fathers of two of the
above-mentioned individuals are said to have been dismissed from their
jobs. The two families are also said to be in danger of losing their homes,
which are part of a housing complex for civil servants.

13. On 16 August 1999, the Working Group on Arbitrary Detention of the
Commission on Human Rights sent a communication to the Government of
Myanmar on behalf of the above individuals. The Working Group is still
waiting for a reply.

14. Nine military officers as well as two rank and file soldiers were
reportedly arrested on 27 August 1999 in Papun township, Karen State, for
allegedly circulating pro-democracy pamphlets, posters and stickers and
trying to organize fellow military personnel to participate in the
pro-democracy movement led by the NLD. They are reportedly being detained
and interrogated by military intelligence. The names of those arrested, as
received by the Special Rapporteur, are of the following individuals: Lt.
Kyaw Thura; Lt. Maung Aung; Lt. Aung Htay Lwin; Lt. Okkar Myint; Lt. Myint
Zaw; Lt. Kyaw Zaya; Lt. Than Win; 2nd Corporal Sein Thaung; 2nd Corporal
Myint Kyu.

15. The Special Rapporteur has also received information about several
students arrested in the fall of last year for their participation in
demonstrations to recover their civil and political rights. As the Special
Rapporteur had occasion to point out, numerous Executive Orders criminalize
many aspects of normal civilian conduct, prescribe grossly disproportionate
penalties, and authorize arrest and detention without judicial supervision
or review. This inevitably leads to the conclusion that a significant
number of all arrests and detentions are arbitrary when measured by
international standards. Following are two examples of students whose names
were given to the Special Rapporteur and whose right to protection from
arbitrary arrest, detention, fair trial and protection from ill-treatment
and disproportionate punishment have been violated.

16. Thet Win Aung attended Basic Education High School No. 5, Tamwe
township, where his family lives. He was dismissed from school in 1991 for
his so-called "political activities" and in September of that year was
detained for nine months during which time he was reportedly badly
tortured. Following student protests between June and September 1998, when
students staged small demonstrations to protest against the poor quality of
education and the human rights situation, he was arrested and reportedly
sentenced to 52 years' imprisonment. It was further reported that the
sentence was subsequently increased by another seven years.

17. Reports indicate that the current whereabouts of Thet Win Aung are
unknown. According to reports received, Thet Win Aung was initially
detained in Insein prison in Yangon, in solitary confinement. However, in
April and May 1999 the military authorities reportedly transferred hundreds
of political prisoners from Insein prison to remote prisons elsewhere in
the country. Thet Win Aung was reportedly moved, as part of this operation,
to Myitkyina prison. There is serious concern about his current state of
health in custody given the reports that he already ad been tortured during
his earlier term of imprisonment in 1991.

18. Myo Min Zaw was a second-year English student. He was arrested, with
about 300 other students, during the demonstrations of June -September
1998. Myo Min Zaw was arrested in the street on 14 September 1998 and
accused of agitating unrest. He was reportedly sentenced to 38 years'
imprisonment, subsequently increased to 52 years. Myo Min Zaw is now being
held in Pathein/Bassein prison, having been transferred there in April/May
1999 along with other prisoners.


                            B. Prison conditions

19. The Special Rapporteur has noted with satisfaction that the
International Committee of the Red Cross (ICRC) has reached a verbal
agreement with the SPDC which allows ICRC staff to have access to all
places of detention in Myanmar. The visits are to take place in accordance
with ICRC's standard procedures. Accordingly, on 6 May 1999, ICRC began
visiting detainees and prisoners held at Insein prison.

20. On 3 September 1999, the ICRC announced that for the first time in
Myanmar ICRC teams had visited more than 18,000 detainees and registered
over 600 security detainees. Since the ICRC visits began in May, delegates
had been to nine places of detention, including Insein prison and the
central prison in Mandalay, and to three places of administrative
internment. According to the same statement, each visit had been conducted
according to the ICRC's standard working procedures and included an initial
discussion with the authorities administering the facility, a complete
inspection of the premises, access to all the detainees and private
interviews with security detainees, who were given the opportunity to write
Red Cross messages to their families. The delegates had a meeting after
each visit with the authorities in charge, putting forward recommendations
regarding the situation they had observed. Confidential written reports
were then handed to the relevant Myanmar authorities. The ICRC and the
country's authorities have agreed that delegates would be able to return on
a regular basis to all the places visited. The programme will gradually be
extended to all detention facilities in Myanmar.


                             III. Forced Labour

21. In his last report to the General Assembly (A/53/364, annex), the
Special Rapporteur referred in detail to the work of the Commission of
Inquiry established by the International Labour Organization (ILO) to
examine complaints lodged by the International Confederation of Free Trade
Unions concerning the observance by Myanmar of the Forced Labour
Convention, 1930 (No. 29).

22. According to the report issued by the Commission of Inquiry on 20
August 1998, the obligation to suppress the use of forced or compulsory
labour was violated in Myanmar in national law, as well as in actual
practice, in a widespread and systematic manner, with total disregard for
the human dignity, safety and health and basic needs of the people.

23. In its conclusions on the substance of the case, the Commission stated
that there was abundant evidence of the pervasive use of forced labour
imposed on the civilian population throughout Myanmar by the authorities
and the military for portering; the construction, maintenance and servicing
of military camps; the construction and maintenance of roads, railways and
bridges; other infrastructure work; other work in support of the military;
and work in agriculture, logging and other projects undertaken by the
authorities or the military, sometimes for the profit of private
individuals.

24. At its 274th Session, held in March 1999, the members of the Governing
Body of the ILO called upon the Government of Myanmar to make all the
necessary changes in the laws to bring them into compliance with the
Convention by 1 May 1999. It also requested the Director-General of the ILO
to submit a report by 21 May 1999 concerning the measures which the
Government had taken to comply with the recommendations of the Commission
of Inquiry.

25. On 21 May 1999, the Director-General of the ILO submitted his report.
It contained new documentation substantiating the conclusions of the
Commission of Inquiry that a variety of forms of forced labour were
prevalent throughout the country. It provided further evidence of the
continued use of forced labour in virtually every ethnic state of the
country as part of the campaign to repress ethnic minorities. It also
contained evidence of the continued use of forced labour in the Burman
areas. The Director-General concluded that there was no indication that the
recommendations of the Commission of Inquiry had been implemented. The
Village Act and the Towns Act had not been amended; the practice of forced
and compulsory labour continued to be widespread; and no action appeared to
have been taken under section 374 of the Penal Code to punish those
exacting forced labour.

26. At the 87th session of the International Labour Conference, held in
June 1999, the application by Myanmar of the Forced Labour Convention, 1930
(No. 29) was discussed in the Conference Committee on the Application of
Standards. The Committee noted the written and oral information supplied by
the Government and the discussion which followed. It noted in particular
the Government's position that the findings of the Commission of Inquiry
and the Committee of Experts had no basis, and that the report of the
Director-General of 21 May 1999 was based on false and misleading
information. The Committee also noted the issuance of order No. 1/99 of 14
May 1999, directing that the power to requisition forced labour under the
Towns Act, 1907, and the Village Act, 1907, not be exercised.

27. The Committee recalled the long history of the case and the series of
actions taken by the ILO supervisory bodies, including the recommendations
of the Commission of Inquiry. It considered that the explanations provided
by the Government did not respond to the detailed and well-substantiated
findings and recommendations of the Commission of Inquiry and the Committee
of Experts. It noted with deep concern the findings of the Commission of
Inquiry that there was convincing information available that forced and
compulsory labour on a very large scale still occurred in Myanmar. The
Committee regretted that the Government had not allowed the Commission of
Inquiry to visit the country to verify the situation for itself. That could
also have been the occasion for the Government to present its own position
before the Commission in a very objective and impartial manner. It
regretted that the Government had shown no inclination to cooperate with
the ILO in this respect.

28. The Selection Committee submitted an "urgent resolution" on Myanmar to
the Plenary of the Conference. In the resolution on the widespread use of
forced labour in Myanmar, the International Labour Conference deeply
deplored that:

"(a) The Government has failed to take the necessary steps to bring the
relevant legislative texts, in particular the Village Act and Towns Act,
into line with the Forced Labour Convention, 1930 (No. 29), by 1 May 1999,
as recommended by the Commission of Inquiry;

"(b) At the end of the twentieth century, the State Peace and Development
Council (SPDC) has continued to inflict the practice of forced labour -
nothing but a contemporary form of slavery - on the people of Myanmar,
despite repeated calls from the ILO and from the wider international
community for the past 30 years;

"(c) There is no credible evidence that those exacting forced labour in
Myanmar have been punished under section 374 of the Penal Code;"

and resolved:

"(a) That the attitude and behaviour of the Government of Myanmar are
grossly incompatible with the conditions and principles governing
membership of the Organization;

"(b) That the Government of Myanmar should cease to benefit from any
technical cooperation or assistance from the ILO, except for the purpose of
direct assistance to implement immediately the recommendations of the
Commission of Inquiry, until such time as it has implemented the said
recommendations;

"(c) That the Government of Myanmar should henceforth not receive any
invitation to attend meetings, symposia and seminars organized by the ILO,
except such meetings that have the sole purpose of securing immediate and
full compliance with the said recommendations, until such time as it has
implemented the recommendations of the Commission of Inquiry."

29. The Special Rapporteur fully endorses the substantiated conclusions and
recommendations of the Commission of Inquiry, as well as the observations
made in the Director-General's report. He also fully supports the
recommendations contained in the resolution adopted by the International
Conference.

30. The Special Rapporteur notes that the practice of unpaid and forced
labour in Myanmar has been documented for over a decade. Reports received
in 1999 include the construction of the temple in Kunhing using forced
labourers, among wom were children from 8-15 years of age, who accounted
for around 10 per cent of the workforce at any one time. Further, there
have been persistent complaints of the use of forced portering for the
military, the porters being held for days, often without nourishment and
often beaten if they are unable to keep up with the military column. They
are forced to carry heavy loads of equipment and food across difficult
terrain without pay. Reported cases include a 23-year-old woman from
Murngnai who in January 1999 was made to carry out portering duties four
times, whilst still nursing her baby. She was beaten during her portering
duty. The woman finally fled to Thailand. Another example was a 33-year-old
farmer from Murngnai township who in February 1999 was part of a group made
to carry chickens and dried meat for Military Unit 54 from Murngtorng.
There reportedly were 40-50 porters, all belonging to the Shan ethnic
minority; 5-7 were women and about 10 were children 12-15 years old. The
porters slept on the ground, tied up with a yoke. The women, however, were
kept separate and might have been harmed, as the farmer heard them
screaming. The porters were reportedly neither fed nor paid by the
soldiers. Upon reaching villages, the headman was asked to feed the
porters. The farmer further reported being beaten with a rifle butt on the
upper arm, shoulders and neck.


                IV. Situation in the ethnic minority States

31. In his last report to the Commission on Human Rights, the Special
Rapporteur extensively addressed the situation in the ethnic minority
states. His concerns and conclusions unfortunately remain valid.

32. The Special Rapporteur is deeply concerned at the ongoing generalized
human rights violations committed against the ethnic groups and other
minorities in the eastern part of Myanmar, particularly Shan and Karen
States. The violations have been thoroughly documented by human rights
organizations and newly arrived refugees in Thailand describing the same
stories of widespread human rights violations committed by the military,
including summary executions, rape, torture, ill-treatment during forced
labour, portering, forcible relocation of villages and dispossession of
land and other property.

33. According to information received by the Special Rapporteur, Saw Sing,
from Kengkham village, Kunhing township, had been forcibly relocated to
Kunhing town in 1996. In January 1999, e received permission from local
authorities to return to his village to collect his cattle. He spent the
night in Kengham where he was caught and shot dead the following day by
troops from Unit 513 based in Loilem. Further reported cases include
killings in Papun district in early 1999 by forces of the SPDC and the
Democratic Kayin Buddhist Army (DKBA). Saw Pha Blaw, a 16-year-old boy and
Naw Htoo Paw, an 18-year-old woman, both Seventh Day Adventists, were
reportedly shot dead when troops opened fire on a group of students after
the troops had entered the village demanding 20 porters.

34. The Special Rapporteur received information about at least 29 Karen
villagers, including a baby and two children, aged 2 and 8, who were
allegedly slaughtered recently by Myanmar troops. It was further reported
that on 26 July 1999, a column from Infantry Battalion 101, commanded by
Lt. Col. Soe Win, entered Kawei and Hpway Plaw villages 11 miles north of
Taninthayi town, Mergui district, Tenasserim division. The next day, the
soldiers reportedly massacred at least 22 villagers. Some villagers are
reportedly still missing. The victims were reportedly beaten to death or
stabbed; others had their arms and legs broken first and were killed later
while still others were placed inside empty rice sacks and pounded with a
rice husker until they died. A 19-year-old woman, Naw Nall Naw, was
allegedly gang-raped by the soldiers before she was killed.

35. It has also been reported that soldiers looted whatever they found
useful and destroyed the rest of the villagers' property completely. More
than 200 cattle were taken away by the troops to the army camp at Ta Hpo
Hta village, which also serves as a relocation site. Many other villagers
from the area have fled and about 137 people are reported to have reached a
safer location. An estimated 400 villagers were desperately trying to get
to safety and have been pursued by Myanmar soldiers from Infantry
Battalions 101 and 103.

36. The Special Rapporteur has also received information that on 31 July
1999, a group of 43 soldiers led by company commander Mo Kyaw and his
assistant, Ka Htay, from 4th Company, Infantry Battalion 101 went to Ta Hpo
Hkee, a village near the Kawei and Hpway Plaw massacre sites, where they
captured a group of seven Karen civilians, including a 9-year-old girl and
a pregnant woman, and killed them. Both single women and the 9-year-old
girl were reported to have been gang-raped by the soldiers before they were
slaughtered. The pregnant woman, was killed by a shot to the abdominal
region. Earlier, on 24 July, Myanmar soldiers from Infantry Battalion 101
had burnt and destroyed the villagers' properties, including food stores
and crops, at Ta Hpo Kee village.

37. The Special Rapporteur continues to receive reports indicating that
there is a constant flow of new refugees into Thailand. It is reported that
thousands of persons have arrived since the last visit of the Special
Rapporteur to the region in December 1998. The rate of new arrivals in
Maela, for example, is still about 60 families (300 people) per month.
However, there are still, according to many reports, a large number of
internally displaced persons - over 500,000 - inside Myanmar living in
abject conditions in the jungle and at relocation sites, with little food
and exposed to all sorts of diseases.


                  V. United Nations programmes in Myanmar

38. Bearing in mind the recommendation made in paragraph 82 of his report
to the Commission (E/CN.4/1999/35) and paragraphs 7(a) and 8(e) of
Commission resolution 1999/17, the Special Rapporteur has sought full
information from a number of United Nations agencies regarding their
ongoing programmes in Myanmar. The following paragraphs indicate the
substance of the information provided to the Special Rapporteur by these
agencies.

Office of the United Nations High Commissioner for Refugees (UNHCR)

39. Since 1994, UNHCR has been operational in northern Rakhine State,
around the areas of Maungdaw, Rathedaung and Buthidaung. UNHCR's activities
are focused on assisting refugee repatriates from Bangladesh to reintegrate
into their villages of origin and on efforts to create conditions which
would stabilize the local Muslim population and enhance possibilities for
their self-sufficiency.

40. Between 1994 and 1997, some 230,000 Muslim refugees from Myanmar in
Bangladesh returned to northern Rakhine State in Myanmar. The repatriation
process was suspended in August 1997 and resumed in November 1998. However,
only some 300 persons have returned since then due to various procedural
difficulties. A residual caseload of some 22,000 refugees remain in two
camps in Bangladesh.

41. The objective of UNHCR's operation in Myanmar is to facilitate the
reintegration of returnees and stabilize the Muslim population (around
800,000) through community-based assistance and infrastructure support in
areas such as improvements to roads, water supplies, sanitation, health
care and educational facilities. Income generation and skills training
activities are also undertaken. In 1999 UNHCR has placed particular
emphasis on promoting food security for extemely vulnerable families
through the introduction of high-yield seeds and double cropping.

42. UNHCR works in cooperation with the World Food Programme (WFP), the
United Nations Office for Project Services (UNOPS), the Food and
Agricultural Organization of the United Nations (FAO) and the United
Nations Children's Fund (UNICEF). In addition, five non-governmental
organization partners assist in the implementation of programme activities.

43. UNHCR also actively supports the participation of women in its
assistance activities in order to increase their self-confidence and
strengthen peer support mechanisms. These efforts have been articulated and
implemented in activities such as the UNHCR/Magsaysay Centres for Women,
the Women's Literacy Training Programme, food supplement for female pupils,
and training and income-generating activities for female heads of
household. Similarly, UNHCR caters for special needs of children and
adolescents by improving their access to the education system through child
and adolescent literacy training programmes. UNHCR also works closely with
UNICEF in the promotion of children's rights in Myanmar.

World Food Programme

44. WFP's operational involvement in Myanmar commenced in May 1994
following the launching of a joint UNHCR/WFP appeal to assist the
resettlement and reintegration process of returnees who fled to Bangladesh
in 1991/92. Additional support is also being provided towards improving the
economic conditions in the remote villages of north Rakhine State in order
to reduce the chances of a future exodus to Bangladesh.

45. WFP since its initial involvement has provided food assistance to about
175,000 returnees. In addition, some 30,000 annually benefit from
food-for-work programmes (road construction, water harvesting, school
feeding, etc.) while about 10,000 benefit from WFP's relief assistance,
specifically targeted at vulnerable households.

United Nations Drug Control Programme (UNDCP)

46. Myanmar is one of the largest opium and heroin producers in the world.
The production of amphetamine-type stimulants has increased dramatically in
recent years, and the country has also been struck by widespread drug abuse
in both rural and urban areas. UNDCP programmes are designed to address
these problems through a balanced approach, which was recognized by the
General Assembly at its twentieth special session of June 1998 on the world
drug problem, as being required to overcome the drug problem. The balanced
approach between demand and supply reduction is effectively reflected in
the UNDCP Country Programme and Subregional Action Plan for South-East Asia
which includes Cambodia, China, the Lao People's Democratic Republic,
Myanmar, Thailand and Viet Nam.

47. In the field of demand reduction, UNDCP is working in partnership with
international governmental organizations and local communities. Ongoing
UNDCP-funded projects in this sector demonstrate community-based drug
treatment and rehabilitation models (Kachin and northern Shan State), and
aim at reducing the prevalence of injecting among drug users (Kachin
State).

48. The most significant UNDCP project in Myanmar is in the field of supply
reduction. The Drug Control and Development Project in the Wa region of the
Shan States is a five-year alternative development project with a budget of
US$ 15.5. million. The project features development activities and
monitoring of opium poppy cultivation. Development activities include
community-based interventions on public health, education, infrastructure
(access roads, irrigation, water supply, electrification), resource
management, alternative livelihood (income generation, livestock nd
agriculture, agro-forestry).

49. A constraint in Myanmar is that most opium-producing areas have not
historically been under government administration. Since 1989, cease-fire
agreements with the ethnic groups that control these areas have brought
more stability and the local authorities have agreed progressively to phase
out opium poppy cultivation. It is in this improved context that the Wa
alternative development project is being implemented at the grass-roots
level with the opium-producing communities, in coordination with the
Government of Myanmar and the local ethnic authorities.


                    VI. Conclusions and Recommendations.

49. The Special Rapporteur welcomes the resumption of its valuable work by
the ICRC and the cooperation of the Government in this regard. It is to be
hoped that this cooperation will continue and be extended to all prisons
and other places of detention throughout the country. The cooperation of
the Government is indicative of its recognition of the fundamental norms
that persons who are deprived of their liberty have a right not to be
subjected to torture or to cruel, inhuman or degrading treatment or
punishment and must be treated with humanity and respect for their inherent
human dignity as proclaimed in article 5 of the Universal Declaration of
Human Rights and further explicitly described in articles 7 and 10 of the
International Covenant on Civil and Political Rights.

50. The efforts of the United Nations agencies conducting operational
activities in Myanmar can indeed prove most valuable in the provision of
humanitarian assistance. These efforts should be intensified and focus on
programmes at the grass-roots level and be developed from the perspective
of those who most need their basic human rights protected, such as the
internally displaced, women and children and other vulnerable groups. These
programmes should also focus on such problem sectors as health and
education. There is a need, however, for the maintenance of systematic
consultation and coordination among the agencies to ensure that assistance
activities focus on humanitarian assistance and basic human rights
protection and promotion and that the resolutions adopted by the General
Assembly and the Commission on Human Rights are fully taken into account.

51. Except for the developments highlighted in the above two paragraphs,
there has been no progress in the situation of human rights in Myanmar. If
anything, the situation is worsening. Repression of civil and political
rights continues and intensifies whenever there is any form of public
protest or any form of public political activity. Repressive laws are still
used to prohibit and punish any exercise of the basic rights of freedom of
thought, expression, assembly and association, in particular in connection
with the exercise of legitimate political rights. This regime of repression
puts the right to life, liberty and physical integrity permanently at risk
when it is not simply violated. The rule of law cannot be said to exist and
function as the judicial system is subject to a military regime and only
serves as a handmaiden to a policy of repression.

52. No effective measures have been taken to obtain forced labour amounting
to no less than a contemporary form of slavery, in spite of freely assumed
international obligations, and the practice still continues in the name of
tradition, or else of economic development.

53. In the ethnic areas, the policy of establishing absolute political and
administrative control brings out the worst in the military, resulting in
killings, brutality, rape and other human rights violations from which the
old, women, children and the weak are not spared.

54. For all these reasons, the Special Rapporteur must unfortunately renew
the recommendations he made in his last report to the General Assembly.


                             © Copyright 1999
      Office of the United Nations High Commissioner for Human Rights
                            Geneva, Switzerland

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