2/5): UNCHR REPORT, FEBRUARY 1996.

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/* posted Thu 10 Oct 6:00am 1996 by DRUNOO@xxxxxxxxxxxx in igc:soc.culture.burma */
/* ---------------" UNCHR Report, 5 February 1996 (2/5)"---------------- */
[ U.N. Commission on Human Rights report on 1996 is posted here for your
reference. The Official records of U.N. documents may be found in your
public library. -- U Ne Oo.]
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II. ACTIVITIES OF THE SPECIAL RAPPORTEUR
B. Visit to Myanmar

[II.B] 1. Meeting with Secretary One

26. On the morning of 16 October 1995, Secretary One of SLORC, Lt.Gen. Khin
Nyunt, received the Special Rapporteur at the Ministry of Defence. They
discussed political, economic and social changes and enjoyed a frank, open
and lengthy exchange of views which touched upon issues of concern for the
respect of human rights and the restoration of democracy in Myanmar.

27. Lt.Gen. Khin Nyunt described a variety of political, social and economic
development initiatives which had been taken by the Government since it
took power in 1988 in order to achieve political stability, economic
progress and improvement of social conditions.

28. On the matter of the general political organization of the State,
Lt.Gen. Khin Nyunt explained that the stability of the State was the most
basic requirement for the development of the Union of Myanmar. National
reconsolidation, therefore, was an indispensable component of the
Government's policy to achieve peace and political stability. Success was
being achieved in that task with the unprecedented return to "the legal
fold" of 15 out of 16 ethnic armed groups.

29. In the economic sector, Lt.Gen. Khin Nyunt described to the Special
Rapporteur a variety of initiatives which had been taken by the Government
in order to improve the life of the people, to develop all the regions and
to reduce the gaps between the rich and the poor and between urban and
rural areas. In this regard, Lt.Gen. Khin Nyunt cited the implementation of
a variety of projects launched by the Government, i.e. the construction of
roads, bridges, railroads, hydropower stations and reservoirs. Special
efforts were being made for the development of the border areas where more
than US$ 400,000 had already been spent by SLORC on projects aimed at
enhancing the infrastructure of those regions and improving the standard of
living of the population concerned. The Government was taking several
measures to increase agricultural production, investing in projects for
greening arid districts and extending irrigation networks including those
storing rainwater and pumped water for use when needed. Altogether 52 dams
had been built in the time of SLORC and several other projects were being
carried out.

30. In connection with these development projects, Lt.Gen. Khin Nyunt said
that the slanderous stories about forced labour were not true and were only
invented by unscrupulous persons who did not want to see Myanmar develop
under the present Government, or by insurgent groups. He stated that the
people of Myanmar were of the Buddhist faith and were willing to contribute
voluntarily to the development projects, believing that they would be the
first ones to enjoy the results on Earth and thereafter.

31. With regard to the social sector, progress was being sought to
strengthen political stability and economic progress, which was paving the
way for the emergence of a peaceful, prosperous and modern State. The
Government was endeavouring to preserve the national character and cultural
heritage and raise the standard of education and health of the entire
population.

32. On the general subject of human rights, Lt.Gen. Khin Nyunt explained
that the character of the Myanmar people, their notions and way of life had
been formed and shaped by Buddhist teachings which were in harmony with the
international human rights standards and prohibited killings, torture and
violence in general.

33. Concerning the Special Rapporteur's specific questions about the lack
of freedom of expression and restrictions with regard to the distribution
of pamphlets by political parties, Lt.Gen. Khin Nyunt stated that for the
moment such activities would affect negatively the stability and peace
which were prevailing in the country. He added that it was not the
appropriate moment for the country to open up to democracy. The main
priority was to avoid "chaos". Accordingly, the Government was trying first
to educate people to behave in conformity with democratic principles. He
added that a democratic system could only be established in an atmosphere
of peace, tranquility and prosperity, rather than under anarchy,
disintegration of the nation and disorder.

34. Regarding the arrest of several students during the funeral of former
Prime Minister U Nu and of three political leaders in mid-June 1995,
Secretary One said that politicians were quite free to go about their
business and to travel freely in the country with the permission of the
Government. However, they could not be allowed to disturb the peace and
tranquility or bring about disorder. Otherwise, conditions in the country
would deteriorate and, consequently, the majority of the population would
suffer. As a responsible government, SLORC had to take into consideration
economic and political, including security, concerns. It was in that
connection that he justified the arrests of the three opposition activists
and the students. Responding to the Special Rapporteur's specific request
to meet with them in Insein Prison, Secretary One replied that it was
difficult to respond positively because the detainees would provide him
with false and negative opinion of the country since legal action had been
taken against them.

35. Secretary One assured the Special Rapporteur that SLORC had direct
contact with Daw Aung San Suu Kyi, but the Government had so many important
tasks to achieve in terms of economic and social development that for the
moment it was not a priority to resume its dialogue with her.

36. With regard to possible visits by the International committee of the Red
Cross (ICRC) to places of detention in Myanmar, Secretary One imputed the
failing of the negotiations to the "harsh and rude" attitude of the ICRC
chief of delegations. He added that the Government had already intimated to
ICRC that it should continue the ongoing dialogue in that regard as they
were collaborating in many other instances.

37. With regard to the postponement of the National Convention, Secretary
One told the Special Rapporteur that there was no political reason behind
that decision. He explained that many of the delegates of the respective
delegate groups were inclined to attend to their business, especially
agricultural matters, as well as charities at a time when the rainy season
was ending. Therefore, they had expressed their wish that the National
Convention should be reconvened later. Taking into consideration the
wishes of many of the National Convention delegates, the National Convention
Convening Commission had designated 28 November 1995 as the date for
reconvening the National Convention, to enable all the delegates to attend.

38. Lt.Gen. Khin Nyunt ended the meeting by stating that the Government was
attempting to develop the country politically, economically and socially
and that, although there were problems, they would be overcome. It could
not allow the country to be destroyed or to disintegrate and it would not
accept any pressure, either from the inside or from other countries. It
would carry on action, in accordance with the law, against any activity
aimed at disunity and destruction of the country.

[II.B] 2. Meeting with the Attorney-General and the Chief Justice

39. On the morning of 10 October 1995, the Special Rapporteur met with
Attorney-General U Tha Tun after having earlier met with Chief Justice U
Aung Toe.

40. His discussion with the Chief Justice focused on the National
Convention (which the Chief Justice is chairing). The Minister recounted
the process from its very start, explaining how the Preparatory Committee
for the National Convention had been constituted, specifying the
composition of delegates to the National Convention and highlighting the
achievements of each meeting of the National Convention, since it began on
7 January 1993 up to the recent developments. With regard to the time-frame
for the drafting of the Constitution, the Minister stressed that priority
must be given to national reconciliation and achieving peaceful relations
between all the national races in order to obtain a consensus in the
country and secure union. When asked by the Special Rapporteur why no copy
of the Universal Declaration of Human Rights, in the Burmese language, had
been provided to every National Convention delegate as he had recommended,
the Minister said that it was impossible to distribute it among 700
delegates, but an English copy was available at the convention library.
With regard to the postponement of the National Convention, the Minister of
Justice told the Special Rapporteur that there was no political reason
behind that decision. He explained that many of the delegates, because of
the harvest season and owing to religious activities, had expressed the
desire to reconvene the National Convention at a later date. Taking into
consideration the wishes of the delegates, the National Convention
Convening Commission had designated 28 November 1995 as the date for
reconvening the National Convention, to enable all the delegates to attend.

41. The discussion with Attorney-General U Tha Tun revolved around new
legislation, such as reform of existing Myanmar legislation, for which the
Attorney-General has responsibility both in his governmental office and as
Chairman of the Law Revision Commission. In response to the Special
Rapporteur's inquiries about the Government's intention to consider
accession to the International covenants on Human Rights and the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the Attorney-General explained that the role of his office was
mainly technical and advisory and that it therefore had no authority for
such political decisions.

42. In response to the Special Rapporteur's inquiries about the
collaboration between the Government of Myanmar and ICRC, the
Attorney-General informed the Special Rapporteur that his office had
scrutinized the draft memorandum of understanding and made some amendments
in order to bring them into conformity with the national laws. The ICRC
standard requirements for visits to places of detention and to have private
meetings with the prisoners had been rejected because they were contrary to
Myanmar law, specifically provision 784, section 40 of the Prison ACt,
which stipulated that "every interview with a convicted prisoner shall take
place in the presence of a jail officer ... who shall be so placed to be
able to see and to hear what passes". (See annex I).

[II.B] 3. Meeting with the Minister of Information

43. On the morning of 11 October 1995, the Special Rapporteur met with
Major-General Aye Kyaw, Minister of INformation, together with members of
the Information Committee over which the Minister presides. The Minister
provided information on the availability of national and international
publications in Myanmar. Nevertheless, responding to a question regarding
freedom of expression and whether any independent publication existed in
Myanmar, the Special Rapporteur was informed that within Myanmar the
written press, radio and television were subjected to governmental control
and scrutiny. The Minister added that the conditions to permit a
liberalization of the media were not met for the moment and no decision had
been taken in that regard.

44. Responding to the suggestion made by the Special Rapporteur to
disseminate publications referring to international human rights standards,
Maj.Gen. Aye Kyaw explained that most of the human rights provisions were
contained in Buddhist publications. Therefore, there was no need to have a
specific publication referring to the human rights standards.

[II.B] 4. Meeting with the Minister for National Planning
          and Economic Development

45. On the morning of 11 October 1995, the Special Rapporteur met with
Brigadier General D.O.Abel, Minister of National Planning and Economic
Development. He explained about the Myanmar economy, economic projects and
accomplishments, investment laws, procedures and potential, and rules and
regulations amended in conformity with the market oriented economy.
Confident of continued economic growth, Brigadier General Abel said that
special efforts were being made to promote development of the agriculture
sector to provide enough food for the nation and to increase exports.
Farmers were being encouraged to cultivate double crop paddy to multiply
their income and contribute towards raising their living standards.

46. With respect to the allegations of human rights violations regarding
forced labour, the Minister of National Planning and Economic Development
denied the existence of such a practice and said that the allegations were
completely false and that such a practice would be a nonsense in economic
terms. He explained that local inhabitants were voluntarily contributing
during their spare time to community projects which would bring direct
benefit, such as building a road, bridge, school, dispensary or monastery.

[II.B] 5. Meeting with the Minister for Home Affairs

47. On the morning of 16 October 1995, the Special Rapporteur met with
Lt.Gen. Mya Thinn, Minister for Home Affairs.

48. Responding to the Special Rapporteur's specific request to receive
information on whether any civil servant or police officer had been tried
or sentenced, dismissed from duty or sanctioned for their part in any
verified violation of human rights, Lt.Gen. Mya Thinn told the Special
Rapporteur that he was not in possession of any information of such a
nature and explained the rules and regulations to be followed by the
Special Investigation Department in the event of any violations. Each case
of violation would be transferred to the relevant Ministry and would be
tried by an appropriate court. In the case of serious offence, such as
murder or rape, the case might be transferred to an ordinary court to
assure impartiality.

49. On the particular question of forced labor, the Special Rapporteur told
Lt.Gen. Mya Thinn that, while in Myanmar, he had been informed about the
existence of a "secretive directive" aimed at discouraging the practice of
forced labour without payment, and he requested an official copy of the
document. The Minister did not deny the existence of such a directive and
promised to give him a copy before his departure from the country, although
such a matter was considered "classified". The Special Rapporteur would
like to note that, before leaving the country, he was indeed provided with
a copy of both directives. They are reproduced in annex II to the present
report.

50. Regarding the status of Muslim refugees who had returned from
Bangladesh to Myanmar, the MInister for Home Affairs informed the Special
Rapporteur that the Government had agreed to grant returnees over 18 years
of age an identity document called "temporary identification card". He
added that those identity documents would not change the status of the
persons concerned. Lt Gen Mya Thinn recalled that the Muslim population of
Rakhine State were not recognized as citizens of Myanmar under the existing
naturalization regulations and they were not even registered as so-called
foreign residents. Consequently, the Minister added, their status situation
did not permit them to travel within the country.

[II.B] 6. Meeting with Daw Aung San Suu Kyi and NLD leaders

51. During his stay in Yangon, the Special Rapporteur met twice with Daw
Aung San Suu Kyi, on 10 and 16 October 1995. U Aung Shwe, U Tin Oo, U Kyi
Maung and other representatives of NLD were also present during both
meetings. They discussed the political, economic and social situation in
Myanmar and enjoyed an open and lengthy exchange of views which touched
upon issues of concern for the respect of human rights and the restoration
of democracy in Myanmar.

52. During these meetings, the Special Rapporteur was informed about the
new composition of the Executive Committee of the National League for
Democracy which was now constituted as follows: U Aung Shwe as Chairman; U
Kyi Maung and U Tin Oo as Deputy chairmen, Daw Aung San Suu Kyi as
General-Secretary and U Lwin as Secretary.

53. The NLD representatives explained how the civil and political rights of
NLD leaders/members were severely restricted. Because of both visible and
invisible pressures, they could not assemble in a group, could not have
free discussion and could not publish or distribute printed materials.

54. The NLD delegates reported their concern about the problem of the
relocation of parts of the population from their homelands to newly
constructed townships in order to provide space for the building of new
towns or construction projects such as hotels.

55. With regard to the National Convention, the NLD representatives
expressed their concern about the current process of drafting the
Constitution, which did not permit an open and free exchange of views and
opinions and, therefore, could not produce a truly democratic Constitution.

56. The NLD representatives informed the Special Rapporteur about the
economic development which was taking place in Myanmar. They said that the
economic growth was not benefiting everyone. They expressed their concern
about inflation in Myanmar, which had averaged around 30 per cent per annum
in recent years. Prices for basic consumer goods such as rice had risen and
the majority of local people could not keep up with them. They concluded
the discussion on the economy by saying that the rich, who were only a tiny
portion of the population, were becoming richer, while the poor who
represented the majority, were suffering more.

57. The NLD representatives told the Special Rapporteur that they were not
satisfied with the delay, due to SLORC, in initiating the beginning of a
dialogue. They added that only a genuine and constructive dialogue would
lead to peace, in order to pave the way for democracy and a sustainable
economic developments.

[II.B] 7. Meeting with leaders of political parties

58. On the morning of 10 October 1995, the Special Rapporteur met with
representatives of three political parties participating in the National
Convention, the National League for Democracy (NLD), the National Unity
Party (NUP) and the Union Kayene League. As last year, and in spite of the
strong request by the Special Rapporteur to meet with then in private at
his office in the United Nations compound in Yangon, the meetings were
arranged to take place at a Government Guest House (36 Inya Road). The
location and atmosphere of the meetings were obviously not conducive to a
free and unencumbered exchange of views.

59. The Special Rapporteur first met with the chairman of NLD, U Aung Shwe.
The NLD delegate stated that the situation of freedom of movement,
expression and organization had improved little from previous years, and
serious infringements of those basis human rights were still prevalent in
the country. He informed the Special Rapporteur that, as of 1995, the
delegates to the National Convention were not permitted to publish or
distribute any documents or newsletters. When the NLD members wished to
organize meetings through the country to meet the local population, they
had to seek permission from the Government. The Chairman of NLD further
reported that he was still not allowed to travel outside Yangon without
permission from the Local Council.

60. The Special Rapporteur met with two representatives of the National
Unity Party (NUP): U Sein Win, Central Executive Committee member, and a
member of the Secretariat. The National Unity Party was formed out of the
former Burma Socialist Programme Party. Although there was no deadline to
achieve the drafting of the Constitution, they felt that the work at the
National Convention was progressing and the major substantive principles to
be included in the Constitution had already been formulated. The NUP
preferred a parliamentary system rather than a presidential system.
However, they respected the majority decision of the delegates to agree
upon a presidential system.

61. The NUP delegates informed the Special Rapporteur that their party was
permitted to produce a bi-weekly pamphlet informing readers about their
activities, and also pamphlets on political education. It could circulate
those publications among its members, but not in the National Convention. It
could also organize meetings within the country, except in some areas for
security reasons.

62. With regard to the NUP position pertaining to the recent release from
house arrest of Daw Aung San Suu Kyi, U Sein Win informed the Special
Rapporteur that she was considered just as a citizen of the country.

63. The Special Rapporteur met with two representatives of the Union Kayene
League: President U Mah and a joint secretary. The representatives stated
that the group, which was composed of two subgroups, the Pwo Kayin and Sgaw
Kayin, was the only Karen group recognized by SLORC. The League's
membership was said to be approximately 50,000. It had five delegates
attending the meetings held in the context of the National Convention. The
representatives of the League welcomed the release of Daw Aung San Suu Kyi
as a positive step.

64. They informed the Special Rapporteur that most Karen in Myanmar were
poor peasants living in villages. The great majority were buddhists (80 per
cent) and some were Christians (15 per cent). As a group they had no
information about the fights which had occurred in Karen State at the
beginning of 1995 and no connection with the insurgents living at the
frontier between Karen State and Thailand.

[II.B] 8. Visit to Myitkyina Jail

65. On the afternoon of 13 October 1995, the Special Rapporteur visited
Myitkyina Jail. He was not allowed to see any of the detainees, nor was he
allowed to see the cells. At the time of the prison visit, the prison
authorities stated that they were unable to comply with the Special
Rapporteur's request to see the detainees and the cells because they
required permission from the higher authorities.

66. The Prison Director, U Sein Wein, informed the Special Rapporteur that
their were 369 prison inmates, of whom 307 were males and 62 were females.
the prison had a capacity of 300.

67. The length of the sentences of the inmates varied from one day to 10
years. Four prisoners (of whom one was a woman) were serving the maximum 10
years' sentence. The majority of the prisoners had been convicted under
common law charges and for drug offences.

68. The Prison Warden told the Special Rapporteur that inmates were kept in
cells having an opening high on one wall. Bamboo mats and portable water
were available in the cells. Each inmate was provided with food three times
a day and had access to information through newspapers and magazines.
Contributions to labour, such as cleaning the prison facilities, were
undertaken on a voluntary basis.

69. The inmates had the right to receive visits from their families twice a
month. In addition, special permissions were granted to their lawyers to
visit them.

70. The Prison director informed the Special Rapporteur that 33 staff
members were working in the prison. Inmates were provided with medical
assistance in the prison dispensary and twice a week a medical doctor
visited the prisoners. One day per week, an officer visited all the cells
and recorded the complaints of the inmates, if any.

[II.B] 9. Visit to Insein Prison

71. On the morning of 12 October 1995, the Special Rapporteur visited
Insein Prison. The Director-General of Insein Prison, U Kyaw Than, welcomed
the Special Rapporteur and told him that he was not allowed to see any of
the detainees.

72. The Special Rapporteur had made a request in writing on the first day
of his stay in Myanmar as to the detainees he wished to see and had asked
for free access to those and other detainees in Insein Prison. Despite
repeated requests made orally during his meetings with government
officials, the prison authorities stated that they were unable to comply
with the Special Rapporteur's request to see the detainees and the cells
because they required authorization from the higher authorities.

73. The Prison Warden informed the Special Rapporteur that he was only
authorized to show him such facilities as the hospital building, the
kitchen and the garden. The Special Rapporteur declined the invitation and
requested, once again, at the time of the prison visit, the
Director-General to contact the Minister for Home Affairs to obtain
authorization to meet with the detainees. While waiting for a reply, the
Special Rapporteur remained in the reception room and sought some
clarifications regarding the organization of the prison.

74. Among the prisoners that the Special Rapporteur requested to see were
those detained under section 5 (j) of the 1950 Emergency Provisions Act for
having collected and distributed anti-government seditious pamphlets or for
having created disturbances. Some of them belonged to political parties (U
Tun Shwe, U Thu Wai and U Htwe Myint) and several others were students
arrested during U Nu's funeral. In addition, the Special Rapporteur
requested to see Myin Ko Naing with whom he had met during his last visit,
and Ma Thida. According to the prison authorities, all of the detainees the
Special Rapporteur requested to see were in Insein Prison and in good
health. When asked if these detainees were kept in solitary confinement,
the Prison Warden told the Special Rapporteur that he could not remember
their present situation in the prison.

75. The Director-General informed the Special Rapporteur that Insein Prison
had a capacity of 5,000. At the moment of his visit, he was told that there
were 3,107 prison inmates, of whom 391 were females. Thirty-nine prisoners
were facing the death penalty, but their sentence would not be carried out
because all death sentences had been commuted to life imprisonment by a
governmental order of November 1992.

76. The Prison Warden told the Special Rapporteur that each inmate was
provided with food three times a day and had access to potable water.
Family members had the right to visit the inmates twice a month and were
permitted to bring additional food to their relatives.

77. A prison medical doctor informed the Special Rapporteur that a team of
one doctor and four nursing staff were taking care of the health of the
prisoners. When an emergency case or serious illness arose, arrangements
were made for the patients to receive the necessary treatment at general or
specialized hospitals. With respect to the specific problem of AIDS, the
prison medical doctor informed the Special Rapporteur that he was aware of
a few cases of inmates who were HIV positive. Those inmates were kept among
the other detainees without any specific precautions. He added that owing
to the lack of appropriate equipment for HIV diagnosis, no systematic
screenings were conducted among the prisoners. In response to an inquiry
from the Special Rapporteur, the Director-General stated that there was no
drug problem in Insein Prison.

[II.B] 10. Visits to Myitkyina in Kachin State and
           Kyainge Tong in Shan State
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COMMISSION ON HUMAN RIGHTS REPORT: E/CN.4/1996/65,     PARA 26-77.
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