CHR RESOLUTION ON BURMA, 2000

[darnott@xxxxxxxxxxx]

                                                 Distr.
                                                 GENERAL

                                                 E/CN.4/2000/L.33
                                                 12 April 2000


                                                 Original: ENGLISH



COMMISSION ON HUMAN RIGHTS
Fifty-sixth session
Agenda item 9


QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ANY 
PART OF THE WORLD

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


2000/... 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 systematic and increasingly severe violations of 
civil, political, economic, social and cultural rights in Myanmar,

Recognizing that these severe violations of human rights by the Government 
of Myanmar have had a significant adverse effect on the health and welfare 
of the people of Myanmar,

Deeply regretting the failure of the Government of Myanmar to cooperate 
fully with the relevant United Nations mechanisms, in particular the 
Special Rapporteur, while noting the recent increased contacts between the 
Government of Myanmar and the international community,

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 victims of war and the Forced Labour Convention, 1930 (No. 29) and the 
Freedom of Association and Protection of the Right to Organize Convention, 
1948 (No. 87) of the International Labour Organization,

Recalling the concluding observations of the Committee on the Elimination 
of Discrimination against Women (CEDAW/C/2000/I/CRP.3/Add.2/Rev.1) on the 
initial report submitted by Myanmar to that treaty monitoring body in 
which, inter alia, it expresses its concern at violations of the human 
rights of women, in particular by military personnel,

Taking note of the resolution adopted by the International Labour 
Conference at its 87th Session on the widespread use of forced labour in 
Myanmar, and also of the recommendation of the International Labour 
Organization Governing Body?s recommendation of the 27 March 2000,

Recalling previous resolutions of the General Assembly and the Commission 
on Human Rights on the subject, most recently Assembly resolution 54/186 of 
17 December 1999 and Commission resolution 1999/17 of 23 April 1999,


1. Welcomes:

(a) The report of the Special Rapporteur (E/CN.4/2000/38) on the situation 
of human rights in Myanmar and the report of the Secretary-General 
(E/CN.4/2000/29), and expresses its appreciation and support for the work 
of the Special Rapporteur;

(b) The resumption of cooperation with the International Committee of the 
Red Cross, allowing the Committee to communicate with and visit prisoners 
in accordance with its standard working rules, and encourages continued 
cooperation in that regard;

2. Notes the constructive dialogue between the Committee on the Elimination 
of Discrimination against Women and the Government of Myanmar at the recent 
session of that Committee;

3. Notes the visit to Myanmar by the Special Envoy of the Secretary-General 
in October 1999 for the purpose of holding discussions with the Government 
and with political leaders, including Aung San Suu Kyi and representatives 
of some ethnic minority groups, while regretting that two senior members of 
the latter were arrested shortly after having met with the Special Envoy, 
and calls upon the Government of Myanmar to enter into a constructive 
dialogue with the Secretary-General in order to make better use of his good 
offices;

4. 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;

5. Expresses its grave concern:

(a) At the increased repression of any form of public political activity, 
the arbitrary detention the imprisonment and the systematic
surveillance of those exercising their rights to freedom of thought, 
expression, assembly and association, as well as the harassment of their 
families;

(b) That, despite the partial reopening of some courses, most institutions 
of higher education have remained closed for political
reasons for over three years;

(c) 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 has not been convened since 1996 and thus is not in a 
position to further the restoration of democracy and national
reconciliation;

(d) That the Government of Myanmar has failed to review its legislation, to 
cease its widespread use of forced labour of its own people and to punish 
those exacting forced labour, which has forced the International Labour 
Organization to exclude further cooperation with the Government until such 
time as it has implemented the recommendations of the Commission of Inquiry 
except for the purpose of implementing those recommendations;


6. Deplores:

(a) The continuing pattern of gross and systematic violations of human 
rights in Myanmar, including extrajudicial, summary or arbitrary 
executions, particularly in areas of ethnic tension, and enforced 
disappearances, torture, harsh prison conditions, 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, the continued widespread use of forced 
labour, including for work on infrastructure projects, production of food 
for the military and as porters for the army;

(b) The lack of independence of the judiciary from the executive and the 
wide disrespect of the rule of law, including of the basic guarantees of 
due process, especially in cases involving exercise of political and civil 
rights and freedoms, resulting in arbitrary arrests and detentions, 
non-existence of judicial control over detentions, sentences passed without 
trial, keeping the accused in ignorance of the legal basis of the charge 
brought against them, trials held in secrecy and without proper legal 
representation, want of knowledge by the family and counsel of the accused 
about the sentence and detentions beyond the end of prison sentences;

(c) The continued violations of the human rights of, and widespread 
discriminatory practices against, persons belonging to minorities, 
including extrajudicial executions, rape, torture, ill-treatment and the 
systematic programmes of forced relocation directed against ethnic 
minorities, notably in Karen, Karenni, Rakhine and Shan States and in 
Tennasserim Division, resulting in the large-scale displacement of persons 
and 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 have prevented the establishment of 
stable conditions for their voluntary return in safety and dignity and for 
their reintegration and have contributed to movements out of the country;

(d) The continuing violations of the human rights of women, in particular 
forced labour, trafficking, sexual violence and exploitation, often 
committed by military personnel, and especially directed towards women who 
are returning refugees, internally displaced or belong to ethnic minorities 
or the political opposition;

(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, through conscription of children 
into forced labour programmes, through their sexual exploitation and 
exploitation by the military, through discrimination against children 
belonging to ethnic and religious minority groups and elevated rates of 
infant and maternal mortality and malnutrition;

(f) The escalation in the persecution of democratic group activists, 
including elected representatives to the Parliament, students, trade 
unionists and members of religious orders, for peacefully exercising their 
rights to freedom of movement, expression, assembly and  association, and 
the Government's use of intimidatory measures to force elected 
representatives and National League for Democracy members to resign from 
their positions and to close 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;

7. 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 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;

8. Urges the Government of Myanmar to cooperate fully, and without further 
delay, with all United Nations representatives, in particular the Special 
Rapporteur, to allow him urgently, 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, and, in this context, regrets that, notwithstanding 
the recent indications that serious consideration would be given to a visit 
by the Special Rapporteur, he has not so far been given permission to visit 
the country;

9. 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 the 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 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, the prevention of intimidation and 
repression of political opponents and enabling the building up of a 
pluralistic civil society with the active participation of its members;

(e) To release immediately and unconditionally those detained or imprisoned 
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) To improve conditions of detention, in particular in the field of 
health protection, and to eliminate unnecessary restrictions imposed on the 
detainees;

(g) To ensure the safety and well-being and freedom of movement of all 
political leaders, including Aung San Suu Kyi, and to permit unrestricted 
communication with and physical access to 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, and to consider signing and 
ratifying the Optional Protocol to the Convention on the Elimination of All 
Forms of Discrimination against Women;

(i) To implement fully the recommendations made by the Committee on the 
Elimination of Discrimination against Women, in particular the request to 
prosecute and punish those who violate the human rights of women and to 
carry out human rights education and gender-sensitization training, in 
particular for military personnel;

(j) 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, to end the use of children 
as soldiers and to avail themselves of services offered by impartial 
humanitarian bodies;

(k) To cease the widespread and systematic use of forced labour and use of 
exploitative child labour, and to implement the recommendations of the 
Commission of Inquiry of the International Labour Organization regarding 
the implementation of the Forced Labour Convention, 1930 (No. 29) of the 
International Labour Organization, while noting the order by the Government 
of Myanmar issued in May 1999 directing that the power to requisition 
forced labour under the Towns Act and the Village Act not be exercised, as 
well as the invitation to visit, addressed to the  International Labour 
Organization in October 1999;

(l) To adopt, as a matter of urgency, appropriate measures to fulfil its 
obligations as a State party to the Freedom of Association and Protection 
of the Right to Organize Convention, 1948 (No. 87) of the International 
Labour Organization and to implement the conclusions of the Commission of 
Inquiry of the International Labour Organization;

(m) 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 
Commission of Inquiry;

(n) 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;

(o) 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;

10. 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-fifth session and to report to the Commission at its 
fifty-seventh 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 with anyone he may consider appropriate in order to assist in 
the implementation of General Assembly resolution 54/186 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 Office 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;

(f) To continue its consideration of this question at its fifty-seventh 
session.

_________

* In accordance with rule 69, paragraph 3, of the rules of procedure of the 
functional commissions of the Economic and Social
Council.

© Copyright 1996-2000 Office of the United Nations High Commissioner for 
Human Rights Geneva, Switzerland


[this text, which includes oral amendments made on 18 April, is subject to 
final editing - DNA]