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BurmaNet News: April 25, 2001
- Subject: BurmaNet News: April 25, 2001
- From: strider@xxxxxxxxxxx
- Date: Thu, 26 Apr 2001 07:26:00
______________ THE BURMANET NEWS ______________
An on-line newspaper covering Burma
April 25, 2001 Issue # 1789
______________ www.burmanet.org _______________
NOTED IN PASSING: ?We are certain that we're not going to put US troops
in areas that will be provocative....We could inadvertently worsen the
security situation by pissing a lot of people off."
A US military officer on why US troops won?t go out on patrols with the
Thai troops they train. See The Nation: US troops to avoid joint
operations with task force
INSIDE BURMA _______
*AFP: Chinese Army Chief in Yangon for Goodwill Visit
*The Nation: Drug rebels can expect free rein
*Bangkok Post: Rangoon steps up protest over warehouse
*IFEX: San San Nweh allowed to visit with family
*Shan Herald Agency for News: Junta thrust driven back, says Shan source
REGIONAL/INTERNATIONAL _______
*International Herald Tribune: Japanese Grant Rewards Burmese Talks
*The Nation: US troops to avoid joint operations with task force
*Xinhua: Pakistani Leader to Visit Myanmar
*AFP: Thai army seizes second huge drugs haul on Myanmar border
ECONOMY/BUSINESS _______
*Gemstone Forecaster: Burma
*Shan Herald Agency for News: Kyat falling against Baht
*Far Eastern Economic Review: Students Protest at Burma Investment
OPINION/EDITORIALS_______
*Asia Times: US bull in the Myanmar China shop
OTHER______
*Burma Peace Foundation: Assessment of 2001 CHR Resolution on Burma
__________________ INSIDE BURMA ____________________
AFP: Chinese Army Chief in Yangon for Goodwill Visit
BANGKOK, Apr 25, 2001 -- (Agence France Presse) Chinese army commander
General Fu Quanyou arrived in Yangon late Wednesday for an official
goodwill visit, state-run radio reported.
Fu, who is chief of staff of the People's Liberation Army, was welcomed
at the airport by his Myanmar counterpart, General Maung Aye, Radio
Yangon said in a dispatch monitored here.
Maung Aye is also the deputy commander in chief of Myanmar armed forces
and vice-chairman of the State Peace and Development Council (SPDC), the
official name of the ruling military regime.
Fu and his high-ranking military delegation are expected to call on
Myanmar's supreme leader Senior General Than Shwe Thursday and hold
meetings with other senior Myanmar figures.
China, the first country to recognize Myanmar's military regime after it
seized power in a bloody coup in September 1988, is the junta's main
arms supplier.
Since then, senior Myanmar and Chinese officials have kept up frequent
visits. ((c) 2001 Agence France Press
___________________________________________________
___________________________________________________
Bangkok Post: Rangoon steps up protest over warehouse
April 25, 2001.
Supamart Kasem
Burma has accused Thailand of helping the anti-Rangoon Karen National
Union attack a warehouse in Myawaddy on Sunday.
A Thai border official said Burmese officials in Myawaddy sent an
aid-memoire to Mae Sot officials accusing Thailand of allowing the
rebels to launch their attack from Thai soil.
Lt-Col Soe Win, the Thai-Burmese township border committee chairman,
signed the letter and sent it to his Thai counterpart, Col Chainarong
Thanaroon, on Monday.
He said the Karen guerrillas crossed the Moei river from Ban Huay Muang
in Tak, and opened fire on houses and a warehouse south of Myawaddy.
Four Burmese villagers were killed during the attack and five others
injured. The warehouse was destroyed.
Burma demanded an explanation and urged Thailand to take responsibility
for the damage and prevent future attacks.
The source said it was not government policy to allow rebel groups to
use Thai territory as a base to launch attacks against their opponents
in Burma.
The warehouse was under the protection of the pro-Rangoon Democratic
Buddhist Army. It was attacked by the KNU 6th division because it was
used to store speed pills produced by the Wa.
___________________________________________________
IFEX: San San Nweh allowed to visit with family
IFEX - News from the international freedom of expression community
25 April 2001
San San Nweh allowed to visit her family for three hours in Rangoon
SOURCE: Reporters sans frontiΦres (RSF), Paris
San San Nweh allowed to visit her family for three hours in Rangoon
Amnesty International French Section and RSF demonstrate on 25 April, at
3 p.m., in front of Burmese embassy to demand her release
Jailed since August 1994, San San Nweh, journalist, writer and Burmese
political militant, has been allowed for the first time to go to her
home in Yankin, a suburb of Rangoon. According to information collected
by RSF, the winner of the 1999 Reporters sans frontiΦres -
Fondation de France prize left the women's wing of Insein prison
(Rangoon) on the morning of 8 April, escorted by ten members of the
military intelligence service (MIS). She was able to converse with her
family, notably her six children, for more than three hours under
control of MIS agents. Members of her family were able to note that her
health had improved slightly.
San San Nweh was arrested on 5 August 1994 and sentenced in October of
the same year to ten years in jail for "producing and sending
anti-government reports" notably to foreign journalists, and trying "to
foment trouble". During her seven years of detention, the journalist has
suffered from several diseases: high blood pressure, kidney infection
and thrombocytopenia (an abnormal number of platelets in the blood). She
shares her cell with three others personalities of the National League
for Democracy (LND). Prisoners sleep on bamboo mats on the ground. The
toilet ¡ a mud bowl in the corner of the room ¡ is cleared once a day
only. From 6 a.m., the women are forced to sit cross-legged on the
ground with their heads bowed. Speaking is forbidden and disobedience is
punished.
___________________________________________________
Shan Herald Agency for News: Junta thrust driven back, says Shan source
24 April 2001
Wave after wave of assault by Burma Army units backed by heavy weapons
were repelled by the Shan force at a strategic mountain opposite
Chiangmai today, said a Shan resistance source.
Pakhee, the Burma Army's base until Sunday when the Shan State Army
under Yawdserk's command occupied it, was attacked at 09:00 at a
location called Honok, 3 km north of the Shan command post. According
to the source, the access to Pakhee is Honok, so named because of its
likeness to a bird's head.
The combined attacking force was made up of 5 battalions: IB 225
(Mongton), IB 227 (Mongkhark), IB 43 (Mongpiang), IB 49 (Monghsat) and
LIB 519 (Mongton). Another source, however, said it was not IB 227 but
IB 277 stationed in Mongton. They were joined by IB 65 later in the
evening.
"More than a hundred 81-mm mortar shells hit the mountain," said the
Shan source, "but our fighters have so far managed to push the
attackers back."
He said Brigade 727, commanded by Maj Ternkhurh, whose operational area
is Mongtom Township, also set up ambushes along the Mongton-BP1
motorway. "We killed 3, wounded 7 and destroyed one army truck between
Maeken (50 miles from the border) and Monghang (40 miles from the
border) in one such attack."
Sources from the Thai army said it would be difficult, if not
impossible, for the junta army to reoccupy Pakhee since it could be
approached only through Honok. " Of course, the alternative is to
attack it from the Thai side like they did at Pangnoon (Mae Fa Luang
District, Chiangrai, on 9 February)," said a border watcher. "But the
Thai Army is unlikely to allow such border intrusions to happen again."
Results of today's clashes on both sides are still not available, though
the casualty figure of last night's minefield encounter was given as 3
killed.
___________________ REGIONAL/INTERNATIONAL___________________
International Herald Tribune: Japanese Grant Rewards Burmese Talks
Thomas Crampton Wednesday, April 25, 2001
To support secret talks between opposition leaders and Rangoon?s
military government, Japan has quietly approved the largest grant aid
package since Burma?s ruling generals cracked down on pro-democracy
demonstrations in 1988.
.
The move, which breaks a long-standing de facto ban on bilateral
international assistance to Burma, took place in consultation with the
United Nations and the United States.
.
Sources familiar with the progress of the United Nations-brokered talks
in Rangoon said the grant, which sets aside 3.5 billion yen ($28.6
million) for reconstruction of turbines in a hydropower dam, is intended
to serve as a tangible reward to the military government for having kept
open a dialogue with the opposition leader and Nobel laureate Daw Aung
San Suu Kyi.
.
"You can do positive re-enforcement for the discussions with a pat on
the back, kind words or a dam," said one person familiar with the deal.
"The Japanese decided to do it with this dam." Rehabilitation of the
Baluchaung dam was agreed to earlier this month and quietly announced
during a little-publicized visit to Tokyo by Burma's deputy foreign
minister, Khin Maung Win.
.
Located in Burma's eastern province of Kayah, the dam was originally
built by Japan in the 1960s as part of war reparations. Japanese
consultants will leave for Burma in the next few weeks to draw up a
feasibility study, after which the Japanese cabinet will formalize funds
that have already been earmarked by the Foreign Ministry.
.
The agreement was not announced in Burma's official press and went
unnoticed by many Burma observers, including senior Rangoon-based
diplomats.
.
The reconciliation talks started last October at the prompting of a
newly appointed UN special envoy, Razali Ismail. "This is a very
significant move by Japan," a Rangoon-based source said. "Japan has been
trying to keep it quiet yet cooperate with Razali to reward progress for
the talks."
.
Mr. Razali, a Malaysian, quickly overcame years of stalemate to start
talks between Daw Aung San Suu Kyi, who heads the National League for
Democracy, and leaders of the military junta, who now call themselves
the State Peace and Development Council. The contents of the talks
remain secret, but some of the government's more virulent propaganda
against Daw Aung San Suu Kyi and her party has eased.
.
In another hint of reconciliation, the Burmese government allowed entry
earlier this month of an envoy from the UN human rights office for the
first time in five years.
.
Nonetheless, many diplomats and observers fear that Japan's grant has
come too soon in a still nascent process. "This is a risky step for
Japan: If the dialogue falters, Japan could be criticized for acting
prematurely," said Mike Jendrzejczyk, Washington director of Human
Rights Watch/Asia. "Clearly no further grants should be given without
fundamental human rights progress in Burma."
.
Japanese officials refused to say whether Daw Aung San Suu Kyi approved
extending the grant, but did confirm that consultations took place on
all sides. "We are not going here alone," a Japanese official said. "All
involved parties have been contacted."
.
The Japanese grant is just one of many measures Mr. Razali has tried to
coordinate in support of the reconciliation talks. For Japan to
undertake the dam project with minimum interference, for example, Mr.
Razali needed the United States to muffle its formerly strong opposition
to the plan.
.
Last year the United States raised objections against such bilateral aid
and specifically criticized an early version of the dam project, warning
that its approval amounted to a reward without progress on human rights.
The United States now takes a more moderate stance on the issue thanks
to optimism over the progress of talks and a new Washington
administration that is hostile toward sanctions-based foreign policy,
sources said.
.
Mr. Razali failed in another attempt to rally support when he visited
the World Bank earlier this year to request an opening of low-level
engagement with Burma. The World Bank rejected the request since the
Burmese government had shown so little response to previous attempts at
cooperation with the bank, sources said.
.
In 1998 the Burmese government rejected a billion-dollar offer of aid
from the World Bank and United Nations in exchange for political
reforms. At the time, government leaders expressed outrage at foreign
criticism of its domestic affairs, insisting that Burma could ignore
outside pressures and survive in total isolation if necessary. That
plan, described as a "carrot and stick diplomacy," stands in stark
contrast to Mr. Razali's approach, according to Rangoon-based observers.
.
"Razali doesn't impose conditions, but acts more like an orchestra
conductor," one source said. "Each government and institution is like an
instrument that he tries to put in harmony with the others."
.
Public disclosure of the grant, however, may raise criticism of Japan by
Burma's vociferous exile activist community. Another point of contention
may be Tokyo's assertion that the project amounts to simple humanitarian
aid. "This hydropower plant provides electricity to 20 percent of the
nation, including many hospitals," a Japanese official said. "In that
way we may classify this as a humanitarian project."
.
According to some estimates, however, up to one-third of the electricity
generated by the dam is used by the country's military.
___________________________________________________
Xinhua: Pakistani Leader to Visit Myanmar
2001.04.25 21:02:48
YANGON, April 25 -- Pakistani leader General Pervez Musharraf will pay
a three-day official visit to Myanmar beginning May 1, a diplomat of the
Pakistani Embassy in Yangon told Xinhua Wednesday.
Musharraf is Chief Executive of Pakistan and Chairman of the Joint
Chiefs of Staff Committee and Army Chief.
This will be the first visit to Myanmar by a Pakistani senior leader in
16 years.
Meanwhile, a fleet of Pakistani naval vessels, including a submarine, a
tanker and a destroyer, will also call at Yangon Port on Friday for a
three-day visit ahead of Musharraf's arrival.
It will not only be the first time for Pakistani naval vessels to
arrive in Yangon but also the first occasion for foreign warships to
enter Myanmar territorial waters for such official visit since the
present Myanmar military government took power in 1988.
In July last year, First Secretary of the ruling Myanmar State Peace
and Development Council Lieutenant-General Khin Nyunt visited Pakistan
at the invitation of Musharraf.
___________________________________________________
The Nation: US troops to avoid joint operations with task force
April 25, 2001.
DON PATHAN
US troops will help train Thailand's newly created Task Force 399,
created to strengthen security along the northern border, but US forces
will not be involved in any joint operations, a US military officer said
yesterday.
It is against US government policy for US troops to take part in any
such joint operation that could put their lives in jeopardy, said the
officer, who spoke on condition of anonymity.
The US also wants to make sure that it will not disturb the delicate
political relationship between Thailand and Burma, which hit a low point
after troops from both countries were involved in cross-border shelling
more than two months ago.
"We are certain that we're not going to put US troops in areas that will
be provocative," the officer said. "We could inadvertently worsen the
security situation by pissing a lot of people off."
The Americans' role in training the task force is part of an effort to
help modernise the Thai military, as well as to help integrate the
country's law enforcement agencies in strengthening border security, he
said. The Thai unit will be trained to operate in remote areas, at
night, and under extreme conditions, he said.
The US instructors could total as many as 100 at any given time, he
said.
According to a senior Third Army officer, the task force will be made up
of troops from Thailand's Special Forces, infantry units and border
police.
Besides preventing hostile forces from entering Thailand, the task force
will be looking to curb the flow of drugs from clandestine labs along
the Thai-Burmese border. The 400-strong unit will be based in Chiang
Mai. It will be under the command of the Third Army, the Thai officer
said.
Most of the American instructors will be from the First Special Forces
Group and each will have "functional expertise" in areas that will help
Thai troops respond quickly to any border intrusion, the officer said.
The Third Army relies on the Naresuan and the Pha Muang task forces for
security along the northern border. Task Force 399 will help unite the
two forces, as well as the border police, in their efforts to secure the
border.
Technology will play a part in the effort but it should not be
considered a solution, the officer said. The idea is to help the troops
make the right decisions, taking into consideration their military
capabilities, the officer said. He added that the financial crisis that
struck the country four years ago has taken its toll on the defence
budget.
The task force will be based far enough from the border so that no one
will mistake training for actual operations, he said.
___________________________________________________
Bangkok Post: Cargo halted 'out of pollution concerns'
April 25, 2001.
Surakiart to raise issue with Rangoon
Post Reporters
The army stopped a shipment of Chinese power generators crossing the
border out of environmental concerns, said Foreign Minister Surakiart
Sathirathai.
Speaking before his departure for Malaysia, Mr Surakiart said he
believed the Third Army's move last Friday would not escalate into a
serious matter.
Some worried about environmental impacts of the coal-fired power plant
planned for Tachilek in Burma. The matter would be raised on his visit
to Burma next month, Mr Surakiart said.
At this stage he had asked the Thai ambassador to Rangoon to explain the
matter to the Burmese government.
Mr Surakiart declined to comment on suggestions the power plant may have
something to do with the drug-producing Red Wa. Problems concerning
ethnic minorities would be dealt with by Thailand, Burma and China
together.
Kraisak Choonhavan, chairman of the Senate panel on foreign affairs,
said the shipment had to be stopped. The government should find out
whether the project belonged to the Burmese government or a private
firm, whether it was legal, and details of the plant's engineering
system.
Chinese equipment might not be good enough to control air pollution, the
senator said. "I am afraid it would affect Thai people and the
environment, especially air quality. Is it possible to raise the matter
for discussion among Asean members?" he said.
The Association of Southeast Asian Nations, which includes Burma, had
set up a working group on trans-boundary pollutants.
Burmese lignite, which is of poor quality, would emit twice as much
sulphur dioxide as that from plants at Lampang's Mae Moh district, he
said.
He also suspected the plant might help the Red Wa meet its target of
churning out 700 million speed pills.
In Chiang Mai, Third Army commander Lt-Gen Wattanachai Chaimuenwong
yesterday met officials from four border provinces-Chiang Mai, Chiang
Rai, Mae Hong Son and Tak-to discuss co-operation.
Lt-Gen Wattanachai said he did not allow the trucks carrying power
generator parts to cross simply because the Mae Sai checkpoint had not
yet been fully opened.
"Although we opened the checkpoint on March 12, the opening is only for
people to travel; vehicles are not allowed. So we could not let the
trucks across," he said.
Meanwhile, Mae Sai and Mae Chan residents are debating effects on the
environment and tourism.
Pang Polajai, a villager leader from Mae Sai, said locals could ask the
government to negotiate with Rangoon to have the site moved at least
80km from the border.
___________________________________________________
AFP: Thai army seizes second huge drugs haul on Myanmar border
BANGKOK, April 25 (AFP) - Thai troops have seized 6.1 million
amphetamine tablets and 4.5 kilogrammes of heroin from traffickers on
the Myanmar border, their second massive drugs haul within a week,
officials said Wednesday. Thai soliders patrolling the western border
province of Tak clashed briefly with up to 35 unidentified ethnic
minority traffickers just inside Thai territory early Tuesday, army
officials said.
The security forces seized the drugs cache after it was abandoned by the
retreating traffickers. No casualties or injuries were reported in the
incident.
Last week Thai soldiers seized a record haul of 7.6 million
methamphetamine tablets in the same area from traffickers suspected to
belong to the rebel Democratic Karen Buddhist Army (DKBA).
Television reports said the commander of the Third Army which patrols
the northern border region, Lieutenant-General Wattanachai
Chaimeaunwong, said the DKBA were also believed to be responsible for
the latest find.
Thailand's new Prime Minister Thaksin Shinawatra last month declared a
"war on drugs" and vowed to work with Myanmar authorities to stamp out
trafficking. An estimated 700 million methamphetamines tablets will flow
into Thailand this year, feeding an addiction crisis that has ensnared
some six percent of the population of 62 million.
The cheap pills are churned out in refineries in the jungle along the
northern border with Myanmar, mostly run by ethnic armies who have
signed peace treaties with Yangon.
_______________ ECONOMY AND BUSINESS _______________
Gemstone Forecaster: Burma
Gemstone Forecaster Vol. 18, No. 4, Winter 2000
There was a recent rumor that a French or Swiss gem dealer with $100
million to buy gems was sitting in Yangoon as a special guest of the
Burmese government. (The entire Mogok production for sale at any one
time is about $10 million, top gems about $1-$2 million.) Further, rumor
had it this dealer was fronting for Middle Eastern money. Needless to
say, this drove the Mogok market into a frenzy. Our Burmese contacts
soon discovered the rumors to be mostly false. However, the European did
make an offer for over $1 million of goods. But when the Burmese dealers
countered, the dealer left the country. The bottom line remains, many
prices in Mogok are often higher than the US prices and many owners are
not budging. Recently, a four carat, rough, gem ruby could not be
purchased for $75,000.
_________________________________________________
Shan Herald Agency for News: Kyat falling against Baht
25 April 2001
No: 04-24
The Burmese currency has dropped significantly yesterday in
Tachilek-Maesai due to rumors of imminent demonitization by Rangoon,
said sources in Chiangrai.
Before yesterday a hundred kyat could buy 8.40 baht, they said, but now
it could buy only 8. "The grapevine is that another round of
demonitization is in the offing," one said.
The last demonitization 14 years ago sparked demonstrations that finally
blew into the 1988 uprising.
At the beginning of the year, it was a hundred kyat to ten baht.
"There are so many people trying to withdraw their money that the local
banks like Mayflower are running out of hard cash," said another.
___________________________________________________
Far Eastern Economic Review: Students Protest at Burma Investment
April 26
University students in the U.S. have mounted a campaign to protest over
human rights violations in Burma by targeting companies investing in
that country. Sodexo Marriott Dining Services lost a multi-million
dollar contract with American University
in Washington in early April, at least in part because the school's
senate had passed a resolution condemning Marriott's licensing of the
Renaissance Inya Lake Hotel in Rangoon, Burma. In recent weeks, the
student governments at the University of Virginia and Peace College in
North Carolina have passed resolutions calling for their universities to
divest from companies operating in Burma.
On April 16, the University of Michigan student government also passed
a resolution for the school to divest its $20 million invested in
companies operating in Burma. And on April 17, students from 91
universities in the U.S. and 10
other countries mounted a 24-hour fast to call for the release of Min Ko
Naing, who was arrested following the 1988 uprising against the military
junta in Rangoon.
_______________OPINION/EDITORIALS_________________
Asia Times: US bull in the Myanmar China shop
April 25, 2001.
By Boonthan Sakanond
CHIANG MAI, Thailand - As countries around the globe ponder the fallout
from the US-China spat over the collision of a US spy plane and a
Chinese fighter jet, none are more apprehensive than Southeast Asian
nations close to the Chinese mainland.
For many of them - such as the Philippines, Malaysia, Brunei and Vietnam
- the reason to worry is obvious. They have territorial disputes with
China over islands in the South China Sea and are afraid that a
militarily assertive Beijing may leave no room for negotiations. For
others, the anxiety lies in the fact that a deterioration in relations
between the United States and China is bound to negatively affect their
economies already battered by the 1997 Asian economic crisis.
But while the world's attention is focused on tensions to the north and
east of China, some analysts in Thailand believe the real theater of any
military action in the near future could be to the southwest, on China's
weakest flank - Myanmar.
"Myanmar is the only true ally that China has in this entire region,
apart from North Korea, and any US move against the military
dictatorship in Yangon will be an easy way of telling Beijing off at its
own doorstep," says an Asian diplomat in Bangkok.
While over the past decade the United States has expended much public
rhetoric against the military dictatorship in Myanmar, it has never
considered any serious action. But this may be changing in the wake of
China's new identity as the biggest challenge to the United States'
status as the world's sole superpower.
The context for a US role already exists with both Thailand and Myanmar,
which in recent weeks have amassed troops along their borders and placed
their armies at the highest state of alert in many decades. In February,
shelling blamed on Myanmese troops in the northern Thai border town of
Mae Sai killed several civilians and prompted the closure of the
once-busy border checkpoint between the two countries.
While the Thais have accused the Myanmese government of actively
supporting the production of methamphetamines across the border and
flooding their country with drugs, the Myanmese allege that the Thai
military has been actively helping ethnic Shan rebels in their battle
for independence from Yangon. Despite some attempts at resolving their
conflicts through negotiations, both countries have currently moved
large numbers of troops and armaments to their common border areas in a
tense standoff ready to flare up at any time.
Adding fuel to speculation about a dramatic escalation of this otherwise
routine border war are a number of events that analysts claim show an
increased US presence on the Thai side of the border. Since March, the
northern Thai province of Chiang Rai, bordering Myanmar, has been host
to more than 40 American military trainers ostensibly there to acquaint
Thai infantry battalions with "anti-drug" warfare. While the US Drug
Enforcement Agency has always been quite active along the Thai-Myanmar
border that forms part of the notorious Golden Triangle - a traditional
area of production of much of the world's heroin - this is the time
first US aid to Thailand for combatting drugs has taken a purely
military turn.
Next month, the number of US troops in the area is expected to rise
drastically when, from May 15-29, 5,000 US troops will join nearly 6,000
Thai and other regional troops for a simulated drug interdiction action.
The event is part of the annual joint Thai-US military exercise
code-named "Cobra Gold". But because it comes at a time of heightened
tensions on the Thai-Myanmar border, the location of the exercise is
clearly meant to send a message to the generals in Yangon.
Apart from the worsening of US-China relations, the possibility of the
US playing a more aggressive role in relation to Myanmar has increased
considerably because of a confluence of several other factors.
The George W Bush administration in Washington, for example, is seen
worldwide as being far more hawkish than its predecessor and willing to
push the envelope beyond the norms of usual diplomacy. If it can pull
off a major overturn in Myanmar's political establishment, the United
States would re-establish its diminishing military role in Asia and
occupy a strategic position in Myanmar as part of its long-term policy
of "encircling" China.
"Upsetting the reigning order in Myanmar - even if it takes some muscle
- would be an easy way of threatening China at its doorstep without
risking a major confrontation," says a Thai defense analyst based in
Thailand.
Since the crushing of the Myanmese pro-democracy movement in the late
1980s, the military regime in Yangon has moved closer to China. Beijing
has supplied it with military and material help, but it is doubtful if
it would risk much more to defend Myanmar against a concerted US effort
to topple the regime.
Within Thailand itself, there is a strange nexus developing between the
Thai military - deprived of any political role because of changed
political realities for nearly a decade - and clueless
businessmen-turned-politicians trying to steer an economy now in a deep
mess. With the flaring up of tensions along the Thai-Myanmar border, the
Thai military senses a way of getting back onto the center stage of
national attention. For the politicians, an anti-Myanmar campaign is an
easy way of diverting attention from their own domestic failures on the
economic front.
Furthermore, within Myanmar itself there is an internecine struggle
under way between "hardliners" led by General Maung Aye and the
"moderates" under Lieutenant-General Khin Nyunt, who is also the
Secretary Number One of the ruling State Peace and Democracy Council
(SPDC). Any strong external pressure on the regime, which is possible
only militarily, could even lead to a split in its top rungs and bring
down the dictatorship more easily.
While a section of Myanmese pro-democracy groups are strongly averse to
any foreign intervention in Myanmar to "restore democracy", they admit
that if the ball is set rolling by Thailand and the United States, there
will be many in their own ranks who will join in happily. "Though our
own movement is non-violent, there will be few voices opposing any
attempts to overthrow the Myanmese dictatorship by force," admits a
senior member of the Myanmese opposition in exile.
The justification for international military intervention, he says, has
existed for over a decade, as has the case against the Myanmese
military, responsible for the deaths and displacement of thousands of
Myanmese and other ethnic minority dissidents. In many ways, he points
out, there is a much stronger case against the Myanmese regime than the
one the North Atlantic Treaty Organization had for military action
against the former Yugoslav regime of Slobodan Milosevic over its
alleged atrocities in Kosovo.
Myanmar has a history of using outside help to overthrow domestic
dictatorships. Leaders of the Myanmese independence movement, led by
General Aung San in the 1930s, used Japanese help to drive out the
British colonialists. When the tide turned in favor of the Allies in
World War II, they invited the British back to oust the Japanese army.
However, any outside intervention in Myanmar will not be easy due to the
complicated web of relations the military junta has woven with the
country's ethnic minority groups, many of whom have signed ceasefire
agreements with the government despite fighting for independence for
years. Any international effort to "liberate" Myanmar from dictatorship
would become bogged down in problems related to renewed demands that
might come from minority groups for independence. This is an issue still
controversial within Myanmese pro-democracy groups, many of whom support
autonomy but not outright secession.
A lot, of course, depends finally on how US-China relations pan out in
the coming months. If they kiss and patch things up, the United States
is likely to back off from any confrontation on the Myanmar front, but
if tensions escalate the chances of a US-led intervention could be very
much in the cards.
______________________OTHER______________________
Burma Peace Foundation: Assessment of 2001 CHR Resolution on Burma
David Arnott
April 25, 2001
Commission on Human Rights: Resolution on Burma 2001
Compared with Earlier Resolutions
There seems to be a view in some of the news reports that this year's
resolution on Burma at the Commission on Human Rights is somehow more
accommodating and friendly to the regime than in previous years. This
interpretation can only be the result of a superficial reading of the
text, which is in fact stronger than in previous years. It is true that
the list of "welcoming" paragraphs is longer, but these relate to
specific actions like facilitating the exploratory visit of the Special
Rapporteur, the initiation of the talks between the Generals and the
Lady, the release of some political activists, the opening of some
university courses and continued cooperation with the ICRC.
When it comes to criticising the human rights situation -- for instance
in the paragraphs expressing "grave concern" and those which "deplore",
the text goes further than in previous years. For instance, (in
operative para 4(a)) this year the Commission deplores:
"The deterioration of the human rights situation and the continuing
pattern of gross and systematic violations of human rights in Myanmar,
including extrajudicial, summary or arbitrary executions, enforced
disappearances, rape, torture, inhuman treatment, mass arrests, forced
labour, forced relocation and denial of freedom of assembly,
association, expression and movement;"
while the corresponding para in last year's text did not contain the
first phrase:
"Deplores the continuing violations of human rights in Myanmar,
including extrajudicial, summary or arbitrary executions, enforced
disappearances, rape, torture, inhuman treatment, mass arrests, forced
labour, including the use of children, forced relocation, and denial of
freedom of assembly, association, expression and movement, as reported
by the Special Rapporteur;"
Similar strengthening of the text may be seen throughout (see below).
The resolution also contains new language on the involvement of the
ethnic nationalities in the political process - e.g. in para 1(e) which
specifically refers to its hopes that they will be involved in the
talks.
****************
BELOW ARE THE TEXTS OF THIS YEAR'S RESOLUTION AND THOSE OF LAST YEAR'S
COMMISSION ON HUMAN RIGHTS (CHR) AND GENERAL ASSEMBLY (GA), WITH
REFERENCES IN SQUARE BRACKETS TO THE EARLIER RESOLUTIONS TO FACILITATE
COMPARISON
Economic and Social Council
Distr.
GENERAL
E/CN.4//2001/L.20
12 April 2001
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-seventh session
Agenda item 9
Situation of human rights in Myanmar
QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN
ANY PART OF THE WORLD
Albania, Australia, Austria, Belgium, Bulgaria, Canada, Cuyprus, Czech
Republice, Denmark, Estonia, Finland, France, Germany, Greece, Hungary,
Iceland, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New
Zealand, Norway, Poland, Portugal, Romania, San Marino, Slovak
Republic, Slovenia, Spain, Switzerland, Turkey, United Kingdom of Great
Britain and Northern Ireland, United States of America: draft
resolution
2001/àSituation 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, [CHR 2000]
Recognizing that the systematic violations of civil, political,
economic, social and cultural rights by the Government of Myanmar have
had a significant adverse effect on the health and welfare of the
people of Myanmar, (GA 2000)
Welcoming the co-operation extended to the Special Envoy of the
Secretary-General as well as to the newly-appointed Special Rapporteur
during their respective recent visits to Myanmar, while regretting the
failure of the Government of Myanmar to cooperate fully with some of the
relevant United nations mechanisms, in particular the former Special
Rapporteur, [NEW]
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,
[CHR 2000]
Recalling the observation made by the former 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,
[MODIFIED CHR 2000. WITH INSERTION OF "FORMER")
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 war victims 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, [CHR 2000]
Noting the resolution adopted by the International Labour Conference at
its 87th Session on the widespread use of forced labour in Myanmar, and
also the resolution adopted by the International Labour conference at
its 88th Session forseeing a broad range of measures aimed at ensuring
the observance by Myanmar of the recommendations of the Commission of
Inquiry established to examine the application of the forced Labour
Convention, which came into effect of 30 November 2000, [UPDATE AND
EXTENSION OF CHR 2000]
Recalling previous resolutions of the General Assembly and the
Commission on Human Rights on the subject, most recently Assembly
resolution 55/112 of 4 December 2000 and Commission resolution 2000/23
of 18 April 2000, [UPDATE OF CHR 2000]
1. Welcomes
(a) The interim report of the former Special Rapporteur on the situation
of human rights in Myanmar (A/55/359), the observations on the
situation and the recommendations contained therein; (NEW)
(b) The initial observations presented to the Commission by the newly
appointed Special Rapporteur on the situation of human rights in
Myanmar; (NEW)
(c) The assistance of the Government of Myanmar in facilitating the
recent exploratory visit by the newly appointed Special Rapporteur to
Myanmar, and hopes that the Special Rapporteur will soon be able to
return to Myanmar in order to discharge his mandate fully; (NEW)
(d) The report of the Secretary-General on the visit of his Special
Envoy to Myanmar(A/55/509), and endorses the appeal of the Special Envoy
for the initiation of a process of dialogue that would lead to national
reconciliation and supports his efforts to achieve such a dialogue
[SLIGHTLY MODIFIED GA 2000]
(e) The initiation of contacts between the Government and Aung San Suu
Kyi, Secretary-General of the National League for Democracy, and hopes
that such talks will be extended at an appropriate time to include,
among others, representatives of ethnic minorities and thereby will
facilitate broad-based and inclusive national reconciliation and the
restoration of democracy [NEW]
(f) The release from detention of a number of democratic political
activists; [NEW]
(g) The continued cooperation with the International Committee of the
Red Cross, allowing the Committee to communicate with and visit
detainees in accordance with its modalities of work, and hopes that the
program will be pursued further; [SLIGHTLY MODIFGIED GA 2000]
(h) The reopening of some university courses, but remains concerned that
the right to education continues to be a right that is only exercised
by those willing to refrain from exercising their civil and political
rights and concerned at the reduction in the length of the academic
year, the division and separation of the student population to distant
campuses, and inadequate allocation of resources; [MODIFIED AND MORE
CRITICAL GA 2000 --"SOME" SUBSTITUTED FOR "MOST" --]
2. Notes the establishment by the Government of Myanmar of a preparatory
process for a human rights committee and encourages it to continue this
process in conformity with the principles relating to the status of
national institutions for the promotion and protection of human rights
annexed to General Assembly resolution 48/134 of 28 December 1993; [NEW]
3. Expresses its grave concern:
(a) At the systematic policy of the Government of Myanmar of persecuting
the democratic opposition, National League for Democracy members and
their families, as well as ethnic opposition parties, and at the use by
the Government of intimidatory methods such as arbitrary arrest and
detention, abuse of the legal system, including harsh long-term prison
sentences, which has forced many to refrain from exercising their
legitimate political rights; [MODIFID GA 2000 - REMOVAL OF REFERENCE TO
MASS RALLIES AND MEDIA CAMPAIGNS]
(b) 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 urges the Government of Myanmar to seek constructive means to
promote national reconciliation and to restore democracy, including
through the establishment of a time frame for action; [MODIFIED GA 2000
REMOVAL OF "NEW AND" BEFORE "CONSTRUCTIVE"]
(c) That the Government of Myanmar has failed to cease its widespread
and systematic use of forced labour of its own people, and to meet all
the three recommendations of the International Labour Organization on
that issue; this failure has compelled the International Labour
Organization strictly to limit further cooperation with the Government,
and has prompted the International Labour Conference to reconsider any
cooperation with Myanmar and that governments, employers and workers
take appropriate measures to ensure that the Government of Myanmar
cannot take advantage of such relations to perpetuate of extend the
system of forced or compulsory labour referred to by the Commission of
Inquiry established to examine the observance of the Forced Labour
Convention, 1930 (No.29); [MODIFIED AND SUBSTANTIALLY DEVELOPED GA
2000]
4. Deplores:
(a) The deterioration of the human rights situation and the continuing
pattern of gross and systematic violations of human rights in Myanmar,
including extrajudicial, summary or arbitrary executions, enforced
disappearances, rape, torture, inhuman treatment, mass arrests, forced
labour, forced relocation and denial of freedom of assembly,
association, expression and movement; [STRENGTHENED GA 2000]
(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; [CHR 2000]
(c) The continued violations of 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 Chin and Shan States and
in Tennasserim division, use of anti-personnel land mines, destruction
of crops and fields, and dispossession of land and property, which
deprives these persons of all means of subsistence and result in
large-scale displacement of persons and flows of refugees to
neighbouring countries, thus causing negative effects for these
countries, and an increasing number of internally displaced persons;
[STRENGTHENED AND UPDATED GA 2000]
(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; [CHR 2000]
(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
through recruitment and other 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; [SLIGHTLY MODIFIED CHR 2000]
(f) 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; [CHR 2000]
5. Calls upon the Government of Myanmar
(a) To develop further 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; [UPDATED CHR
2000)
b) To continue to cooperate with the Secretary-General or his
representative and to implement their recommendations; [MODIFIED CHR
2000]
(c) To cooperate fully with all United Nations representatives, in
particular to develop further the contacts established with the
newly-appointed Special Rapporteur, to allow him, without preconditions,
to return to Myanmar in the near future and to conduct a field mission
furthering his contacts with the government and all other relevant
sectors of society, and thus enable him fully to discharge his mandate;
[SUBSTANTIALLY UPDATED CHR 2000]
(d) 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;
[CHR 2000]
6. Strongly urges the Government of Myanmar:
(a) To implement fully the recommendations made by the Special
Rapporteur;
(b) To ensure full respect for all human rights and fundamental
freedoms, including economic, social and cultural rights;
(c) In particular to ensure full respect for 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 and
to the practices of torture, abuse of women, forced labour and forced
relocations and to enforced disappearances and summary executions;
[SLIGHTLY MODIFIED CHR 2000]
(d) To take urgent and concrete 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 extend the
initiated talks with Aung San Suu Kyi, Secretary-General of the
National League for Democracy, to a genuine and substantive dialogue
with all the leaders of political parties 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 [SUBSTANTIALLY MODIFED AND UPDATED
CHR 2000]
(e) 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; [CHR 2000]
(f) To release immediately and unconditionally those detained or
imprisoned for political reasons, including those in "government guest
houses", as well as journalists, and to ensure their physical integrity
and to permit them to participate in a meaningful process of national
reconciliation; [MODIDIED GA 2000]
(g) To improve conditions of detention, in particular in the field of
health protection, and to illimminate unnessesary restrictions imposed
on the detainees; [CHR 2000]
(h) 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; [CHR 2000]
(i) 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 as well as the
Optional Protocol on the convention on the Rights of the Child on the
involvement of children in armed conflicts; [EXPANDED CHR 2000 - ADDS
OPT. PROTOCOL TO CRC]
(j) 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; [CHR 2000]
(k) 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; [CHR 2000]
(l) To fully implement concrete legislative, executive and
administrative measures to eradicate the practice of forced labour, in
conformity with the relevant recommendations of the Commission of
Inquiry and to re-enter into a dialogue with the International Labour
Organization and invite the organization to establish a presence in
Myanmar in order to enable it to verify that such measures are taken;
[EXPANDED GA 2000 - ADDS LAST 3 LINES]
(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; [CHR 2000]
(n) To end the enforced displacement of persons and other causes of
internal displacement and 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; [SLIGHTLY MODIFIED CHR 2000]
(o) To fulfil its obligations to restore the independence of the
judiciary and due process and to end impunity of and bring to justice
any perpetrators of human rights violations, including members of the
military, and to investigate and prosecute alleged violations of
international humanitarian and human rights law committed by government
agents in all circumstances; [SUBSTANTIALLY MODIFIED CHR 2000]
7. 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-sixth session and to report to the
Commission at its fifty-eighth session, and to keep a gender
perspective in mind when seeking and analysing information; [CHR 2000]
(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; [UPDATED CHR 2000]
(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 55/112 and of the
present resolution; [UPDATED CHR 2000]
(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; [CHR 2000]
(e) To request the Secretary-General to bring the present resolution to
the attention of all relevant parts of the United Nations system; [CHR
2000]
(c) To continue its consideration of this question at its fifty-eighth
session.
[ADOPTED BY CONSENSUS, 18 APRIL 2001]
***************
GENERAL ASSEMBLY 2000
1 November
Main sponsor: Sweden
Situation of human rights in Myanmar
General Assembly resolution 55/112 of 4 November 2000
The General Assembly,
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 elaborated in the Universal Declaration of
Human Rights, the International Covenants on Human Rights and other
applicable human rights instruments,
Aware that, in accordance with the Charter, the United Nations promotes
and encourages respect for human rights and fundamental freedoms for
all and 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 expressing its grave concern that the Government of
Myanmar has still not implemented its commitment to take all necessary
steps towards democracy in light of the results of the elections held
in 1990,
Recalling its resolution 54/186 of 17 December 1999, and Commission on
Human Rights resolution 1992/58 of 3 March 1992 in which the Commission,
inter alia, decided to nominate a special rapporteur with a given
mandate, and resolution 2000/23 of 18 April 2000 in which the
Commission decided to extend for one year the mandate of its Special
Rapporteur on the situation of human rights in Myanmar,
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,
Still gravely concerned at the deterioration of the human rights
situation in Myanmar, especially at the unabated suppression of the
exercise of political right and the freedom of thought, expression,
association and movement in Myanmar, as reported by the Special
Rapporteur, and deeply concerned that new obstacles have been placed on
Aung San Suu Kyi and other National League for Democracy members
Also gravely concerned that the legal system is effectively used as an
instrument of oppression, and at the increasing intimidation and
detention of lawyers ,
Recognizing that the systematic violations of civil, political,
economic, social and cultural rights by the Government of Myanmar have
had a significant adverse effect on the health and welfare of the
people of Myanmar,
Noting with interest the two recent visits to Myanmar by the Special
Envoy of the Secretary General, and the co-operation extended by the
Government of Myanmar in this regard,
Deeply regretting the failure of the Government of Myanmar to cooperate
fully with the relevant United Nations mechanisms, in particular the
Special Rapporteur, who still has has not been invited to Myanmar
despite assurances by the Government of Myanmar last year that they
would seriously consider a visit
1. Expresses its appreciation to the Special Rapporteur of the
Commission on Human Rights on the situation of human rights in Myanmar
for his interim report, and calls upon the Government of Myanmar to
implement fully the recommendations made by the Special Rapporteur;
2. Urges the Government of Myanmar to cooperate fully and without
further delay with the Special Rapporteur, and 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, thus enabling him fully to discharge his mandate;
3. Notes with satisfaction the continued cooperation with the
International Committee of the Red Cross, allowing the International
Committee to communicate with and visit detainees in accordance with
its modalities of work, and hopes that the program will be pursued
further;
4. Deplores the continuing violations of human rights in Myanmar,
including extrajudicial, summary or arbitrary executions, enforced
disappearances, rape, torture, inhuman treatment, mass arrests, forced
labour, including the use of children, forced relocation, and denial of
freedom of assembly, association, expression and movement, as reported
by the Special Rapporteur;
5. Expresses its grave concern at the increasingly systematic policy of
the Government of Myanmar to persecute the democratic opposition,
National League for Democracy members and sympathisers and their
families, as well as ethnic opposition parties, and at the use by the
Government of intimidatory methods such as arbitrary arrest and
detention, abuse of the legal system including harsh long-term prison
sentences, mass rallies and media campaigns, which has forced many to
refrain from exercising their legitimate political rights;
6. Urges the Government of Myanmar to, without delay, cease all
activities aimed at preventing the free exercise of internationally
recognised human rights including freedom of association, assembly,
movement and speech, and in particular to remove all restrictions on Ms
Aung San Suu Kyi's and other National League for Democracy members'
freedom of movement, and their freedom to communicate with the outside
world;
7. Strongly urges the Government of Myanmar to release immediately and
unconditionally detained political leaders, and all political
prisoners, including journalists, to ensure their physical integrity
and to permit them to participate in the process of national
reconciliation;
8. Expresses its concern 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 urges the Government of Myanmar to seek new and
constructive means to promote national reconciliation, and to restore
democracy, including through the establishment of a time frame for
action;
9. Strongly urges the Government of Myanmar, taking into account the
assurances it has given on various occasions, to take all necessary
steps towards the restoration of democracy in accordance with the will
of the people as expressed in the democratic elections held in 1990
and, to this end without delay, to engage in a substantive political
dialogue with political leaders, including Aung San Suu Kyi, and
representatives of ethnic groups and, in this context, notes the
existence of the Committee representing the People's Parliament ;
10. Notes with grave concern that the Government of Myanmar has failed
to cease its widespread and systematic use of forced labour of its own
people, and to meet all the three ILO recommendations on this issue;
this failure has compelled the International Labour Organization to
strictly limit further cooperation with the Government, and has
prompted the International Labour Conference to, subject to certain
conditions, adopt a number of measures to secure compliance by the
Government of Myanmar with the recommendations of the Commission of
Inquiry established to examine the observance of the Forced Labour
Convention, 1930 (No.29);
11. Takes note of the recent visit by the ILO technical cooperation
mission to Myanmar, and the cooperation extended to the mission, while
awaiting the result of the mission;
12. Strongly urges the Government of Myanmar to fully implement concrete
legislative, executive and administrative measures to eradicate the
practice of forced labour, in conformity with the relevant
recommendations of the Commission of Inquiry;
13. Welcomes the reopening of most university courses, but remains
concerned that the right to education continues to be a right that is
only exercised by those willing to refrain from exercising their civil
and political rights and at the reduction in the length of the academic
year, the division and separation of the student population to distant
campuses, and the lack of adequate resources;
14. Deplores the continued violations of human rights, in particular
those directed against persons belonging to ethnic and religious
minorities, including summary executions, rape, torture, forced labour,
forced portering, forced relocations, use of anti-personnel land mines,
destruction of crops and fields, and dispossession of land and
property, which deprives these persons of all means of subsistence and
results in large-scale displacement of persons and flows of refugees to
neighbouring countries, thus causing negative effects for these
countries, and an increasing number of internally displaced persons;
15. Urges the Government of Myanmar to end the systematic enforced
displacement of persons and other causes of refugee flows to
neighbouring countries and to create conditions conducive to their
voluntary return and their full reintegration in conditions of safety
and dignity, and to allow the safe and unhindered access of
humanitarian personnel to assist in the return and reintegration
process;
16. Also deplores the continuing violations of the human rights of
women, especially women who are refugees, are internally displaced or
belong to ethnic minorities or the political opposition, in particular
forced labour, trafficking, sexual violence and exploitation, including
rape, as reported by the Special Rapporteur;
17. Strongly urges the Government of Myanmar 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;
18. Deplores the recruitment of children as soldiers, in particular
children belonging to ethnic minorities, and strongly urges the
Government of Myanmar and all other parties to the hostilities in
Myanmar to end the use of children as soldiers;
18. Expresses its concern at the growing incidence of HIV/AIDS infection
and urges the Government of Myanmar urgently to address this issue
which will have serious long term impact on the development of the
Union of Myanmar, and to ensure that the health system receives
sufficient funding to enable health workers to meet the rights of all
people to the highest possible standard of health care;
19. Expresses its grave concern at the high rates of malnutrition among
pre-school aged children, which constitute serious violations of their
rights to adequate food and the highest attainable standard of health,
and may have serious repercussions for the health and development of
the affected children;
20. Strongly urges the Government of Myanmar to ensure full respect for
all human rights and fundamental freedoms, including economic and
social rights, and to fulfil its obligation to restore the independence
of the judiciary and due process and to end the impunity and bring to
justice any perpetrators of human rights violations, including members
of the military, and to investigate and prosecute alleged violations
committed by government agents in all circumstances;
21. Welcomes the report of the Secretary-General on the visit of his
Special Envoy to Myanmar, endorses the appeal of the Special Envoy for
the initiation of a process of dialogue that would lead to national
reconciliation, and supports his efforts to achieve this;
22. Requests the Secretary-General to continue his discussions on the
situation of human rights and the restoration of democracy with the
Government of Myanmar, to submit additional reports to the General
Assembly during its fifty-fifth session on the progress of these
discussions, and to report to the Assembly at its fifty-sixth session
and to the Commission on Human Rights at its fifty-seventh session on
the progress made in the implementation of the present resolution;
23. Decides to continue its consideration of this question at its
fifty-sixth session
Adopted by consensus, 8 November 2000
*******************************
COMMISSION ON HUMAN RIGHTS 2000
Distr.
GENERAL
E/CN.4/RES/2000/23
18 April 2000
Original: ENGLISH
Situation of human rights in Myanmar
Commission on Human Rights resolution 2000/23
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,
Noting 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 Governing Body of the International
Labour Organization of 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.
56th
meeting
18 April 2000
[Adopted without a vote. ]
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