RECENT UN RESOLUTIONS ON BURMA

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                      RECENT UN RESOLUTIONS ON BURMA 
 
 
New York 21 September 1995
 
THE UN GENERAL ASSEMBLY (GA) OPENED YESTERDAY, AND WITH IT THE
ANNUAL COMBAT BETWEEN SLORC AND THE BURMESE DEMOCRACY MOVEMENT
REPRESENTED BY THE NATIONAL COALITION GOVERNMENT OF THE UNION OF
BURMA (NCGUB) (see "Burmese Democracy Movement at the UN",
reposted for your convenience). IN PREVIOUS YEARS SLORC HAS MADE
CONSIDERABLE EFFORTS SHORT OF SUBSTANTIAL CHANGE TO IMPROVE ITS
INTERNATIONAL IMAGE, FORMALLY MIRRORED BY THE UN RESOLUTIONS. 
 
THIS YEAR SLORC HAS RELEASED DAW AUNG SAN SUU KYI, AND NO DOUBT
HOPES THAT THIS GESTURE WILL RESULT IN MILDER CRITICISM AT THE
GA. SO FAR, HOWEVER, ONLY ITS CONSTRUCTIVE ENGAGEMENT PARTNERS
(FIANCEES?) HAVE EXPRESSED ANY DEGREE OF ENTHUSIASM. SPOIL-SPORTS
LIKE AUSTRALIA, THE US AND SOME EUROPEAN COUNTRIES ARE PUSHING
FOR "SUBSTANTIVE POLITICAL DIALOGUE" LEADING TO REAL CHANGE. THEY
ARGUE THAT THE HUMAN RIGHTS SITUATION HAS DETERIORATED OVER THE
PAST YEAR, WITH AN INCREASE IN FORCED LABOUR, ECONOMIC OPPRESSION
AND SLORC MILITARY OFFENSIVES, ALL RESULTING IN THE FURTHER
DESTRUCTION OF VILLAGE LIFE AND THE IMPOVERISHMENT OF THE PEOPLE.
ALL OF THIS, OF COURSE, IS VIGOROUSLY DENIED BY THE GENERALS.
  
SLORC FOREIGN MINISTER OHN GYAW IS DUE TO ADDRESS THE GA ON THE
3rd OCTOBER, AND ARMY CHIEF MAUNG AYE WILL SPEAK ON THE 24th OR
THEREABOUTS, AS PART OF THE CELEBRATION OF THE 50th ANNIVERSARY
OF THE UN. NO DOUBT ONE AT LEAST OF THESE GENTLEMEN WILL HAVE A
FINE FAT RABBIT TO PULL OUT OF HIS HAT - A MEETING WITH SUU KYI
AT THE VERY LEAST. 
 
FOCAL POINTS IN THIS YEAR'S RESOLUTION WILL INCLUDE:
 
* THE STATUS OF THE NATIONAL CONVENTION; 
* THE NATURE (IMAGE OR SUBSTANCE) OF SLORC'S EFFORTS FOR NATIONAL
RECONCILIATION AND THE RESTORATION OF DEMOCRACY; 
* THE ROLE OF THE SECRETARY-GENERAL IN ASSISTING THESE EFFORTS.
AS WELL, OF COURSE, AS KILLINGS, DISAPPEARANCES, TORTURE,
POLITICAL DETENTIONS, FORCED LABOUR, FORCED RELOCATION, EXTORTION
ETC. 
 
BELOW IS LAST YEAR'S GA RESOLUTION AND THE ONE FROM THIS YEARS
COMMISSION ON HUMAN RIGHTS. 
 
 .................................................................
 
UNITED NATIONS
GENERAL ASSEMBLY
REGISTER
GENERAL
9 MARCH 1995
 
Forty-ninth session
Agenda item 100 (c)
 
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[on the report of the Third Committee (A/49/610/Add.3)]
 
49/197.   Situation of human rights in Myanmar
 
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, [1] the International Covenants on
Human Rights [2] and other applicable human rights instruments,
 
     Aware that, in accordance with the Charter, the Organization
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", 
 
     Recalling its resolution 48/150 of 20 December 1993,
 
     Recalling also Commission on Human Rights resolution 1992/58
of 3 March 1992, [3] in which the Commission, inter alia, decided
to nominate a special rapporteur to establish direct contacts
with the Government and with the people of Myanmar, including
political leaders deprived of their liberty, their families and
their lawyers, with a view to examining the situation of human
rights in Myanmar and following any progress made towards the
transfer of power to a civilian Government and the drafting of a
new constitution, the lifting of restrictions on personal
freedoms and the restoration of human rights in Myanmar,
 
     Taking note of Commission on Human Rights resolution 1994/85
of 9 March 1994, [4] in which the Commission decided to extend
for one year the mandate of the Special Rapporteur, 
 
     Gravely concerned that the Government of Myanmar still has
not implemented its commitments to take all necessary steps
towards democracy in the light of the results of the elections
held in 1990,
 
     Gravely concerned also at the continued violations of human
rights in Myanmar, as reported by the Special Rapporteur, in
particular summary and arbitrary executions, torture, forced
labour and forced relocations, abuse of women, politically
motivated arrests and detentions, restrictions on fundamental
freedoms, including the freedom of expression and assembly, and
the imposition of oppressive measures directed in particular at
ethnic and religious minorities,
 
     Noting that the human rights situation in Myanmar has
consequently resulted in flows of refugees to neighbouring
countries, thus creating problems for the countries concerned,
 
     Noting also the measures taken by the Government of Myanmar,
including its accession to the Geneva Conventions of 12 August
1949 [5] for the protection of victims of war, the conclusion of
cease-fire agreements with several groups of ethnic and religious
minorities in Myanmar, the withdrawal of its reservations to the
Convention on the Rights of the Child [6]  and the release of a
number of political prisoners in response to the concerns
expressed by the international community, including the General
Assembly and the Commission on Human Rights,
 
     Welcoming the cooperation between the Government of Myanmar
and the Office of the United Nations High Commissioner for
Refugees on the voluntary repatriation of refugees from
Bangladesh to Myanmar,
 
 
     1.   Expresses its appreciation to the Special Rapporteur of
the Commission on Human Rights for his interim report; [7]
 
     2.   Also expresses its appreciation to the Secretary-
General for his report; [8]
 
     3.   Deplores the continued violations of human rights in
Myanmar;
 
     4.   Repeats its call on the Government of Myanmar to
release unconditionally and immediately the Nobel Peace Prize
Laureate Aung San Suu Kyi, who is now in her sixth year of
detention without trial, and other political leaders and
remaining political prisoners;
 
     5.   Welcomes the recent meetings between the Government of
Myanmar and Nobel Peace Prize Laureate Aung San Suu Kyi, and
encourages the Government of Myanmar to engage in a substantive
political dialogue with Aung San Suu Kyi and other political
leaders, including representatives from ethnic groups, as the
best means of promoting national reconciliation and the full and
early restoration of democracy;
 
     6.   Also welcomes the recent discussions between the
Government of Myanmar and the Secretary-General, and further
encourages the Government of Myanmar to continue to cooperate
fully with the Secretary-General;
 
     7.   Again urges the Government of Myanmar, in conformity
with its assurances given at various times, 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 ensure that political parties can function freely;
 
     8.   Notes with concern that most of the representatives
duly elected in 1990 are still excluded from participating in the
meetings of the National Convention, created to prepare basic
elements for the drafting of a new constitution, and that one of
its objectives is to maintain the participation of the armed
forces in a leading role in the future political life of the
State, and notes also that there is as yet no process or
timetable for concluding the National Convention;
 
     9.   Strongly urges the Government of Myanmar 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;
 
     10.  Urges the Government of Myanmar to ensure full respect
for human rights and fundamental freedoms, including freedom of
expression and assembly, 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;
 
     11.  Appeals to the Government of Myanmar to consider
becoming a party to the International Covenant on Civil and
Political Rights [2] and the International Covenant on Economic,
Social and Cultural Rights [2] and to the Convention against
Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment; [9]
 
     12.  Urges the Government of Myanmar to fulfil its
obligations as a State party to the Forced Labour Convention,
1930 (No. 29) and to the Freedom of Association and Protection of
the Right to Organize Convention, 1948 (No. 87) of the
International Labour Organization;
 
     13.  Stresses the importance for the Government of Myanmar
to give particular attention to conditions in the country's jails
and to allow the International Committee of the Red Cross to
communicate freely and confidentially with prisoners; 
 
     14.  Regrets the recent harsh sentences meted out to a
number of dissidents, including persons voicing dissent with
regard to the procedures of the National Convention and persons
sentenced, inter alia, for seeking to communicate with the
Special Rapporteur; 
 
     15.  Also regrets that, while a certain number of political
prisoners have been released, many political leaders are still
deprived of their freedom and their fundamental rights;
 
     16.  Calls upon the Government of Myanmar to respect fully
the obligations of the Geneva Conventions of 12 August 1949, [5]
in particular the obligations in article 3 common to the
Conventions, and to make use of such services as may be offered
by impartial humanitarian bodies;
 
     17.  Expresses its concern at the attack by Myanmar army
soldiers on the civilian refugee camp at Halockhani on 21 July
1994;
 
     18.  Encourages the Government of Myanmar to create the
necessary conditions to ensure an end to the flows of refugees to
neighbouring countries and to facilitate their speedy
repatriation and their full reintegration, in conditions of
safety and dignity;
 
     19.  Requests the Secretary-General to continue his
discussions with the Government of Myanmar in order to assist in
the implementation of the present resolution and in its efforts
to achieve national reconciliation, and to report to the General
Assembly at its fiftieth session and to the Commission on Human
Rights at its fifty-first session;
 
     20.  Decides to continue its consideration of this question
at its fiftieth session.
 
 
                       NOTES (Footnotes in original)
 
[1]  Resolution 217 A (III).
 
[2]  Resolution 2200 A (XXI), annex.
 
[3]  See Official Records of the Economic and Social Council,
1992, Supplement No. 2 (E/1992/22), chap. II, sect. A.
 
[4]  Ibid., 1994, Supplement No. 4 and corrigendum (E/1994/24 and
Corr.1), chap. II, sect. A.
 
[5]  United Nations, Treaty Series, vol. 75, Nos. 970-973.
 
[6]  Resolution 44/25, annex.
 
[7]  A/49/594 and Add.1, annex.
 
[8]  A/49/716.
 
[9]  Resolution 39/46, annex.
 
 
94th plenary meeting   
23 December 1994
 .................................................................
 
                       COMMISSION ON HUMAN RIGHTS
                           Fifty-first session
                       30 January - 10 March 1995
 
 
               1995/72. 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,
 
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,
 
Noting with particular concern in this regard that the 
electoral process initiated in Myanmar by the general elections 
of 27 May 1990 has not yet reached its conclusion and that the 
Government still has not implemented its commitments to take all 
necessary steps towards democracy in the light of those
elections,
 
Deploring that many political leaders, in particular elected 
representatives, remain deprived of their liberty and that Daw 
Aung San Suu Kyi, a Nobel Peace Prize laureate, is still under 
house arrest, which has recently been extended, and, while 
acknowledging the recent release of a substantial number of 
political prisoners, notes with dismay that in many cases their 
release was on condition that they not resume political
activity,
 
Noting the measures taken by the Government of Myanmar,
including its accession to the Geneva Conventions of 12 August 
1949 for the protection of war victims, the concluding
cease-fire agreements with ethnic groups, the withdrawal of 
several reservations it had entered concerning the Convention on 
the Rights of the Child and the freeing of a certain number of 
political prisoners, in response to the concerns repeatedly 
expressed by the international community,
 
Gravely concerned by the recent offensive against the Karen 
National Union, Burmese student activists and other groups of 
the political opposition, and by the resulting exodus of
refugees into Thailand,
 
Commending the Government of Thailand for its humanitarian 
action in receiving the refugees fleeing from the fighting, and 
encouraging the Government of Thailand to work closely with the 
Office of the United Nations High Commissioner for Refugees, 
 
Gravely concerned at the violations of human rights in Myanmar, 
which remain extremely serious, in particular the practice of 
torture, summary and arbitrary executions, forced labour,
including forced portering for the military, abuse of women, 
politically motivated arrests and detention, forced displacement 
of the population, the existence of important restrictions on 
the exercise of fundamental freedoms, including the freedom of 
expression and association, and the imposition of oppressive 
measures directed, in particular, at ethnic and religious
minority groups,
 
Noting that many violations directly affect women, in 
particular women belonging to minorities, who have suffered 
ill-treatment, especially at the hands of the military, as 
stated by the Special Rapporteur,
 
Noting also that these violations have resulted in flows of 
refugees towards neighbouring countries,
 
Commending however, the existing cooperation between the
Government of Myanmar and the United Nations High Commissioner 
for Refugees on the free and voluntary repatriation of refugees 
located in Bangladesh, and their rehabilitation and
reintegration, and encouraging the Government of Myanmar to 
pursue this cooperation,
 
Having examined the reports of the Working Group on Arbitrary 
Detention (E/CN.4/1995/31 and Add.1-2), the Special Rapporteur
on the question of religious intolerance (E/CN.4/1995/91) and 
the Special Rapporteur on extrajudicial, summary or arbitrary 
executions (E/CN.4/1995/61),
 
Recalling its resolution 1992/58 of 3 March 1992, in which it 
decided to nominate a special rapporteur to establish direct 
contacts with the Government and people of Myanmar, including 
political leaders deprived of their liberty, their families and 
their lawyers, with a view to examining the situation of human 
rights in Myanmar and following any progress made towards the 
transfer of power to a civilian government and the drafting of a 
new constitution, the lifting of restrictions on personal
freedoms and the restoration of human rights in Myanmar,
 
Recalling also its resolution 1994/85 of 9 March 1994,
 
Taking note of General Assembly resolution 49/197 of 23
December 1994,
 
Noting that the Special Rapporteur visited Myanmar in November 
1994 at the invitation of the Government of Myanmar,
 
Deploring, however, that in spite of resolution 1993/73
requesting the Myanmar authorities to extend their full and 
unreserved cooperation to the Special Rapporteur, he has been 
denied access to Daw Aung San Suu Kyi,
 
Taking note of the request by the General Assembly to the 
Secretary-General to continue his discussions with the
Government of Myanmar in order to assist in the implementation 
of Assembly resolution 49/197 of 23 December 1994, as well as in 
efforts by the Government to achieve national reconciliation, 
 
Welcoming the discussions held to date between the
representatives of the Government of Myanmar and the
representatives of the Secretary-General,
 
Regretting that the representatives of the Secretary-General 
have not been given access to Daw Aung San Suu Kyi,
 
Reaffirming that Daw Aung San Suu Kyi, a Nobel Peace Prize 
laureate, must be released immediately and unconditionally along 
with all other persons detained for political reasons,
 
 
1. Expresses its thanks to the Special Rapporteur for his 
report (E/CN.4/1995/65 and Corr.1) and the conclusions and 
recommendations contained therein;
 
2. Expresses its appreciation to the Secretary-General for his 
report on his mission of good offices in Myanmar
(E/CN.4/1995/150);
 
3. Deplores the continuing serious violations of human rights 
in Myanmar and, in particular, the fact that a number of
political leaders, including Daw Aung San Suu Kyi and other 
leaders of the National League for Democracy, remain deprived 
of their liberty;
 
4. Strongly urges the Government of Myanmar to release
immediately and unconditionally the Nobel Peace Prize laureate 
Daw Aung San Suu Kyi, detained with trial for more than five 
years, as well as other detained political leaders and all 
political prisoners, to ensure their physical integrity and to 
permit them to participate in the process of national
reconciliation;
 
5. Commends the recent meetings between Myanmar government 
representatives and the Nobel Peace Prize laureate, Daw Aung San 
Suu Kyi, and urges the Government of Myanmar to open a
substantial political dialogue with her and with other political 
leaders, including representatives of ethnic groups, as the best 
means to arrive at national reconciliation and the complete and 
rapid installation of democracy;
 
6. Deplores, in consequence, the military offensive carried out 
by the Government of Myanmar against the Karen National Union, 
Burmese students activists and other groups of the political 
opposition, which is incompatible with the Government's declared 
policy of national reconciliation;
 
7. Welcomes the recent discussions between the representatives 
of the Government of Myanmar and the Secretary-General, and 
encourages the Government to continue to cooperate with the 
Secretary-General,
 
8. Again urges the Government of Myanmar to take, in conformity 
with the assurances given at various times, all necessary
measures to guarantee democracy in full accordance with the will 
of the people as expressed in the democratic elections held in 
1990, and to ensure that all political parties may freely
exercise their activities;
 
9. Notes with concern that most of the representatives
democratically elected in 1990 have been excluded from
participating in the meetings of the National Convention, that 
severe restrictions have been imposed on delegates, including 
members of the National League for Democracy, who are unable to 
meet or distribute their literature, that one of the objectives 
of the Convention is to maintain the participation of the armed 
forces(Tatmadaw) in a leading role in the future political like 
of the State and that no timetable as yet exists for the
completion of the work of the National Convention, and concludes 
that the National Convention does not appear to constitute the 
necessary steps towards the restoration of democracy;
 
10. Strongly urges the Government of Myanmar 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 the democratically-elected representatives, 
lifting restraining orders placed on a number of political
leaders, releasing those who are detained and ensuring that all 
political parties can function freely;
 
11. Strongly urges the Government of Myanmar to guarantee full 
respect for human rights and fundamental freedoms, in particular 
the freedom of expression and opinion and the right of
association and of assembly, to restore protection of persons 
belonging to minority groups, in particular against
discrimination, especially in the framework of the citizenship 
laws, and to put an end to violations of the right to life and 
the integrity of the human being, to the practice of torture, 
abuse of women and forced labour, to enforced displacements of 
the population and to enforced disappearances and summary
executions;
 
12. Reminds the Government of Myanmar of its obligations to put 
an end to the impunity of perpetrators of violations of human 
rights, including members of the military, and its
responsibility to investigate alleged cases of human rights 
violations committed by its agents on its territory, to bring 
them to justice, prosecute them and punish those found guilty, 
in all circumstances;
 
13. Regrets the recent harsh sentences meted out to a number of 
dissidents, including persons voicing dissent in regard to the 
procedures of the National Convention, and persons condemned in 
particular for seeking to meet with the Special Rapporteur; 
 
14. Welcomes the recent release of a certain number of
political prisoners, but at the same time deeply regrets that 
many political leaders are still deprived of their freedom and 
their fundamental rights;
 
15. Calls upon the Government of Myanmar to consider becoming a 
party to the International Covenant on Civil and Political 
Rights and the International Covenant on Economic, Social and 
Cultural Rights, and to the Convention against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment;
 
16. Appeals to the Government of Myanmar to fulfill its
obligations as a State party to the Forced Labour Convention, 
1930 (No. 29) and the Freedom of Association and Protection of 
the Right to Organise Convention 1948 (No. 87) of the
International Labour Organization;
 
17. Encourages the Government of Myanmar to continue to lift 
the remaining emergency measures;
 
18. Requests the Government of Myanmar to ensure that all
persons, without discrimination, are afforded the minimum
guarantees for a fair trial, according to due process of law and 
in conformity with applicable international standards, that 
laws are given due publicity and that the principle of
non-retroactivity of laws is respected;
 
19. Encourages the Government of Myanmar to create the
necessary conditions to facilitate the voluntary repatriation of 
refugees and their full reintegration, in conditions of safety 
and dignity, in close cooperation with the Office of the United 
Nations High Commissioner for Refugees;
 
20. Invites the Government of Myanmar to respect fully its 
obligations under the Geneva conventions of 12 August 1949, and 
to avail itself of such services as may be offered by impartial 
humanitarian bodies;
 
21. Stresses that it is important for the Government of Myanmar 
to give particular attention to prison conditions in the
country's jails and to allow international humanitarian
organizations to communicate freely and confidentially with 
prisoners;
 
22. Welcomes the first measures taken by the government of 
Myanmar to provide for the training of military personnel in 
international humanitarian law, and requests it to intensify its 
efforts in that regard and to extend them to police and prison 
personnel;
 
23. Decides to extend for one year the mandate of the Special 
Rapporteur to establish or continue direct contacts with the 
Government and people of Myanmar, including political leaders 
deprived of their liberty, their families and their lawyers, and 
requests him to report to the General Assembly at its fiftieth 
session and to the Commission on Human Rights at its fifty-
second session.
 
24. Requests the Secretary-General to give all necessary
assistance to the Special Rapporteur;
 
25. Urges the Government of Myanmar to cooperate fully and 
unreservedly with the Commission and the Special Rapporteur and, 
to that end, to ensure that the Special Rapporteur effectively 
has free access to any person in Myanmar whom he may deem it 
appropriate to meet in the performance of his mandate, including 
Daw Aung San Suu Kyi;
 
26. Encourages the Secretary-General, in the discharge of his 
good offices mandate, to continue his discussions with the 
Government of Myanmar in order to assist in the implementation 
of General Assembly resolution 49/197, as well as in its efforts 
for national reconciliation and towards the resumption of
democracy;
 
27. Decides to keep the matter under review at its fifty-second 
session under the agenda item entitled "Question of the
violation of human rights and fundamental freedoms in any part 
of the world, with particular reference to colonial and other 
dependent countries and territories";
 
28. Recommends the following draft decision to the Economic and 
Social Council for adoption:
 
    " The Economic and Social Council, taking note of Commission 
    on Human Rights resolution 1995/72 of 8 March 1995, approves 
    the Commission's decision to extend for one year the mandate 
    of the Special Rapporteur to establish or continue contacts 
    with the Government and people of Myanmar, including
    political leaders deprived of their liberty, their families 
    and their lawyers, and its request to him to report to the 
    General Assembly at its fiftieth session and to the
    Commission on Human Rights at its fifty-second session, and 
    also approves the Commission's request to the Secretary-      
    General to give all necessary assistance to the Special      
    Rapporteur."
 
 
60th meeting:
8 March 1995
[Adopted without a vote. See chap. XII.]