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UNGA RESOLUTION ON BURMA-FULL TEXT



            THE UN GENERAL ASSEMBLY'S 1995 RESOLUTION ON BURMA
 
 
UNITED NATIONS
GENERAL ASSEMBLY
 
Fiftieth session
Third Committee
A/C.3/50/L.52 (as orally amended)
Agenda item 112 (c)
 
                   Situation of human rights in Myanmar
 
The General Assembly,
 
      Reaffirming that all Member States have an obligation
to pomote 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 49/197 of 23 December 1994,
 
      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,
 
      Recalling further Commission on Human Rights resolution
1995/72 of 8 March 1995, [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,
 
      Noting recent developments regarding the composition of
the National Convention,
 
      Welcoming the release without conditions of Nobel Peace
Prize Laureate Aung San Suu Kyi on 10 July 1995, as well as of a
number of other political prisoners, as called for by the General
Assembly,
 
      Gravely concerned, however, at the continued violations
of human rights in Myanmar, as reported by the Special
Rapporteur, including killings of civilians, arbitrary arrest and
detention, restrictions on freedoms of expression and
association, torture, forced labour, forced portering, human
rights abuses in border areas in the course of military
operations, forced relocations and development projects, abuse of
women and the imposition of oppressive measures directed in
particular at ethnic and religious minorities,
 
      Welcoming the continued cooperation between the
Government of Myanmar and the Office of the United Nations High
Commissioner of Refugees on the voluntary repatriation of
refugees from Bangladesh to Myanmar,
 
      Noting, however, that the human rights situation in
Myanmar has resulted in flows of refugees to neighbouring
countries, thus creating problems for the countries concerned, 
 
 
     1.   Expresses its appreciation to the Special Rapporteur of
the Commission on Human Rights for his interim report on the
situation of human rights in Myanmar; [5]
 
     2.   Also expresses its appreciation to the Secretary-
General for his report; [6]
 
     3.   Deplores the continued violations of human rights in
Myanmar;
 
     4. Welcomes the release without conditions of Nobel Peace
Prize Laureate Aung San Suu Kyi and other prominent political
leaders;
 
     5. Strongly urges the Government of Myanmar to release
immediately and unconditionally detained political leaders and
all political prisoners, to ensure their physical integrity and
to permit them to participate in the process of national
reconciliation;
 
     6. Urges the Government of Myanmar to engage, at the
earliest possible date, 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;
 
     7.  Welcomes the 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;
 
     8.   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;
 
     9.   Expresses its 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 with concern that the working procedures of the
National Convention do not permit the elected representatives of
the people freely to express their views;
 
     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 democratically elected representatives;
 
     11.  Also strongly 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;
 
     12.  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; [7]
 
     13.  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;
 
     14.  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; 
 
     15.  Calls upon the Government of Myanmar to respect fully
the obligations of the Geneva Conventions of 12 August 1949, [8]
and to make use of such services as may be offered by impartial
humanitarian bodies;
 
     16.  Expresses its grave concern at the attack by Myanmar
army soldiers on the Karens and Karennis during the past year,
resulting in further refugee flows to a neighbouring country
 
     17. Welcomes the cessation of hostilities following the
conclusion of cease-fire agreements between the Government of
Myanmar and several ethnic groups;
 
     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 create conditions conducive to
their voluntary return 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 fifty-first session and to the Commission on
Human Rights at its fifty-second session;
 
     20.  Decides to continue its consideration of this question
at its fifty-first session.
 
 
                       NOTES (Footnotes in original)
 
[1]  Resolution 217 A (III).
 
[2]  Resolution 2200 A (XXI), annex.
 
[3]  Official Records of the Economic and Social Council, 1992,
Supplement No. 2 (E/1992/22), chap. II, sect. A.
 
[4]  Ibid., 1995, Supplement No. 3 and corrigenda (E/1995/23 and
Corr.1 and 2), chap. II, sect. A.
 
[5]  A/50/568
 
[6]  A/50/782
 
[7]  Resolution 39/46, annex.
 
[8]  United Nations, Treaty Series, vol. 75, Nos. 970-973
 
 .................................................................
This resolution was adopted by consensus by the Third Committee
of the UN General Assembly on 11 December 1995. The official date
will be the date of its ratification by the GA Plenary.