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The BurmaNet News: April 18, 1998,



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The BurmaNet News: April 18, 1998
Issue #986

SPECIAL EDITION: 1998 REPORT OF THE SPECIAL RAPPORTEUR ON MYANMAR TO THE UN
COMMISSION ON HUMAN RIGHTS
 
(posted in two parts for easier downloading)
 
 (Part I)
  
Economic and Social Council                                    
Distr. GENERAL
E/CN.4/1998/70
15 January 1998
Original: ENGLISH
 
COMMISSION ON HUMAN RIGHTS
Fifty-fourth session
Item 10 of the provisional agenda
 
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
  
               Situation of human rights in Myanmar
 
Report of the Special Rapporteur, Mr. Rajsoomer Lallah, submitted in
accordance with Commission on Human Rights resolution 1997/64 
  
CONTENTS
 
Introduction
 
I. ACTIVITIES OF THE SPECIAL RAPPORTEUR
 
II. THE EXERCISE OF CIVIL AND POLITICAL RIGHTS
     A. The reconstitution of SLORC
     B. Rights pertaining to democratic governance
     C. Extrajudicial, summary or arbitrary executions
     D. Arbitrary detention
     E. Torture and cruel, inhuman or degrading treatment or punishment
 
III. THE GENDER PERSPECTIVE
     A. International norms
     B. Myanmar women in public life
     C. The situation of refugee women
     D. Women and forced labour
 
IV. CONCLUSIONS AND RECOMMENDATIONS
     A. Conclusions
     B. Recommendations
 
Introduction
 
1. The mandate of the Special Rapporteur of the Commission on Human Rights
on the situation of human rights in Myanmar has been described in each of
the Special Rapporteur's previous reports to the General Assembly (annexes
to documents A/47/651, A/48/578, A/49/594 and Add.1, A/50/568, A/51/466 and
A/52/484) and to the Commission on Human Rights (E/CN.4/1993/37,
E/CN.4/1994/57, E/CN.4/1995/65 and Corr.1, E/CN.4/1996/65 and
E/CN.4/1997/64). The mandate, initially articulated by the Commission in
its resolution 1992/58 of 3 March 1992 and extended most recently in
resolution 1997/64 of 16 April 1997 (approved by the Economic and Social
Council in its decision 1997/272 of 22 July 1997), required the Special
Rapporteur to establish or to continue direct contact 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 establishment of a constitution of democratic governance, the
lifting of restrictions on personal freedoms and the restoration of human
rights in Myanmar.
 
2. In its resolution 1997/64, the Commission called upon the Government of
Myanmar to cooperate fully with the relevant mechanisms of the Commission,
in particular the Special Rapporteur, and to ensure his access to Myanmar,
without preconditions, in order to allow him to discharge his mandate
fully, including through access to any person whom he might deem it
appropriate to meet in the performance of his  mandate; requested the
Secretary-General to give all necessary assistance to the Special
Rapporteur; and requested the Special Rapporteur to report to the General
Assembly at its fifty-second session and to the Commission at its
fifty-fourth session.
 
3. The priority concerns of the international community with regard to the
situation of human rights in Myanmar are referred to in the resolutions
adopted by the various competent organs of the United Nations over the past
six years, in particular General Assembly resolution 52/137 and Commission
resolution 1997/64, which are the most recent. These concerns may be
summarized, in substance, as follows:
 
     (a) The continuing violations of human rights in Myanmar, including
extrajudicial, summary or arbitrary executions; killings of civilians;
torture; arbitrary arrest and detention; deaths in custody; absence of due
process of law, including trial of detainees in secrecy without proper
legal representation; severe restrictions on freedom of opinion,
expression, assembly and association; violations of freedom of movement;
forced relocation; forced labour by children as well as adults, including
portering for the military; abuse of women and children by government
agents; and the imposition of oppressive measures directed in particular at
ethnic and religious minorities;
 
     (b) The absence of significant steps towards the establishment of
democratic governance as expressed by the will of the people at the
elections of 1990;
 
     (c) The exclusion of the representatives democratically elected in
1990 from participation in the proceedings of the National Convention, the
severe restrictions on delegates, including members of the National League
for Democracy (NLD), who have withdrawn and subsequently were formally
excluded from the sessions of the Convention and who were unable to meet or
distribute their literature, the adoption by the Convention of a basic
principle conferring on the armed forces (Tatmadaw) a leading role in the
future political life of the State and the conclusion that the National
Convention does not appear to constitute the necessary steps towards the
restoration of democracy; 
 
     (d) The restrictions on the freedom of expression, association,
assembly and movement placed upon Daw Aung San Suu Kyi and other political
leaders and the continued arrests and harassment of members and supporters
of the National
League for Democracy, trade unionists and students for peacefully
exercising their right to freedom of expression, assembly and association,
forced resignations of elected representatives, the continued attacks
against Daw Aung San Suu Kyi and the closure of all universities and
colleges following the student demonstrations in December 1996;
 
     (e) The forced relocation and other violations of the rights of
persons belonging to minorities, resulting in a flow of refugees to
neighbouring countries, and the continuing attacks on groups, resulting in
death, destruction and displacement;
 
     (f) The violation of children's rights in contravention of the
Convention on the Rights of the Child, in particular through the lack of
conformity of the existing legal framework with the Convention, by the
systematic recruitment of children into forced labour and by discrimination
against children belonging to ethnic and religious minority groups.[back to
the contents]
 
I. ACTIVITIES OF THE SPECIAL RAPPORTEUR
 
     1. On 12 November 1997, the Special Rapporteur presented his interim
report on the situation of human rights in Myanmar to the fifty-second
session of the General Assembly (A/52/484, annex). While in New York, he
met with several representatives of Governments and non-governmental
organizations as well as
individuals who imparted their views and information on the situation of
human rights in Myanmar.
 
     2. It will be recalled that since his appointment, the Special
Rapporteur has sought the cooperation of the Government of Myanmar and has
requested their authorization to travel to Myanmar in order, inter alia, to
examine the situation in situ and to meet with appropriate government
representatives as well as other persons relevant to the fulfillment of his
mandate so as to ensure that the General Assembly and the Commission on
Human Rights are presented with a comprehensive assessment of the situation
of human rights in Myanmar.
 
     3. It will also be recalled that, following the submission of the
first report of the Special Rapporteur to the General Assembly in November
1996, the Permanent Representative of the Union of Myanmar expressed his
disagreement with the assessment made by the Special Rapporteur. He
indicated, however, that the Special Rapporteur would be authorized at an
appropriate time to visit Myanmar. In April 1997, at the fifty-third
session of the Commission, the Permanent Representative of Myanmar gave
similar indications. Despite these statements, no steps have so far been
taken by the Myanmar authorities to authorize such a visit. More recently,
in November 1997, during the debate on the human rights situation in
Myanmar at the General Assembly, Ambassador U Pe Thein Tin, Permanent
Representative of Myanmar, while again challenging the assessment made by
the Special Rapporteur, nevertheless reiterated in his intervention that
the Special Rapporteur would have the opportunity to visit Myanmar at a
time deemed appropriate. The Special Rapporteur regrets that there have
been no developments on this issue and that, in the more than two years
since his appointment, he has not been given the opportunity to visit the
country as requested by the General Assembly and the Commission on Human
Rights.
 
     4. The Special Rapporteur understands that the criticism leveled by
the authorities of Myanmar against the reports of the Special Rapporteur
are based, in large part, on the ground that his reports "reflect mainly
the views of those who are opposing the Government for reasons totally
unconnected with the issue on human rights". It stands to reason that if
the General Assembly and the Commission are to benefit in a meaningful way
from a serious assessment of that criticism, it is essential that the
Myanmar authorities agree to a visit by the Special Rapporteur to the country.
 
     5. It must be noted that it is not the Special Rapporteur who is
avoiding discussion of human rights complaints with representatives of the
Government of Myanmar. On the contrary, it is precisely the Government of
Myanmar which refrains from doing so while continuing to refuse him direct
access to the country and the people of Myanmar. The Special Rapporteur is
only able to meet with people outside Myanmar, in particular the great
number of displaced persons on the Thai side of the Thailand-Myanmar border
areas and whose complaints the Special Rapporteur feels bound to reflect in
his reports to the Commission and the General Assembly. The Special
Rapporteur is firmly convinced that it is in the interest of the
authorities themselves, in addition to that of the international community
as represented in the United Nations, that such a visit should take place.
This would also clearly demonstrate the commitment of the Government of
Myanmar to cooperate with the United Nations in accordance with its
obligations under the Charter.
 
     6. Notwithstanding the absence of cooperation on the part of the
Government of Myanmar, the Special Rapporteur has received much assistance
and information from governmental, intergovernmental and non-governmental
sources. He has also received information from individuals connected in one
way or another with the situation in Myanmar. He has also received several
well-documented reports describing the situation in Myanmar, particularly
in relation to the matters over which the General Assembly and the
Commission on Human Rights have expressed concern. No less importantly, he
has had direct contact with displaced persons along the Thailand-Myanmar
border who have fled Myanmar and from whom he continues to receive
information. 
 
     7. The present report is based upon information received by the
Special Rapporteur up to 19 December 1997 and is to be read in conjunction
with the Special Rapporteur's report to the General Assembly. The present
report updates certain matters discussed before the General Assembly while
treating some issues not addressed there. In response to operative
paragraph 4 (a) of Commission resolution 1997/64, the Special Rapporteur
has included a chapter on women based on such information as was available
to him.
 
II. THE EXERCISE OF CIVIL AND POLITICAL RIGHTS
 
  A. The reconstitution of SLORC
 
     1. On 15 November 1997, the State Law and Order Restoration Council
(SLORC) was dissolved and reconstituted as the State Peace and Development
Council (SPDC), consisting of 19 members (SLORC Notification No. 1/97 dated
15 November 1997). The expressed purpose was to "ensure the emergence of an
orderly or disciplined democracy" and to establish a "peaceful and modern
State ... in the interest of all the national peoples". The former top four
SLORC leaders, Senior General Than Shwe, General Maung Aye,
Lieutenant-General Khin Nyunt and Lieutenant-General Tin Oo, retained their
positions within
the SPDC. In addition, Lieutenant-General Win Myint was appointed SPDC's
Secretary Three. Other members include the Commanders-in-Chief of the Navy
and the Air Force, and the 12 Army Regional Commanders. 

     2. SPDC Notification No. 2/97, also dated 15 November 1997,
established a 40-member Cabinet. Two new ministries, the Ministry of
Military Affairs and the Ministry of Electric Power, were created. SPDC
Notification No. 3/97, of the same date, announced the formation of a
14-member Advisory Group. Its members consist of the 13 former SLORC
members who had lost their positions both within the regime and the
Cabinet. The fourteenth member is Major-General Soe Myint.
 
  B. Rights pertaining to democratic governance
 
     1. In introducing his report to the General Assembly, the Special
Rapporteur indicated that he had observed the beginnings of a positive
attitude with respect to restrictions on political parties, especially in
relation to the activities of the National League for Democracy (NLD) and
its right to hold meetings. He welcomed the change on the part of the
authorities. However, it would appear that this change is of a purely
formal and limited nature given the virtually complete control which the
authorities seem to exercise over the venue of meetings, the measure of
control over the agenda of the meetings, the strict limitations on the
number of people allowed to attend, and the monitoring of the meetings, as
the following paragraphs indicate. 
 
     2. On 27-28 September 1997, unlike previous years, the NLD was allowed
by the authorities to hold a national convention, commemorating its ninth
anniversary, at the residence of its General Secretary Daw Aung San Suu
Kyi. About 600 delegates attended the two-day meeting and no arrests were
known to have taken place. However, the Special Rapporteur received reports
of a great number of NLD members who were denied access, by military
intelligence personnel and riot police, to Daw Aung San Suu Kyi's compound.
On 28 September 1997, some 30 NLD members were forced into trucks by the
security forces, driven for an hour outside the capital and dropped off at
the roadside in groups of two or three to make their way back.
 
     1. It would appear that when the NLD requests permission to hold a
meeting, authorization is granted only for the specific purpose for which
the meeting is taking place; no other subject of discussion would appear to
be allowed. On 10 October 1997, the authorities permitted the NLD to hold a
religious ceremony and about 200 dignitaries attended the function at the
General Secretary's home. Official Information Sheet No. A-0171, dated 16
October 1997, stated that "the
relevant authorities have granted permission to the party to perform the
traditional religious ceremony with the expectation that the ceremony will
be a purely religious activity and totally none other".
 
     2. On 28 October 1997, an NLD delegation consisting of Chairman U Aung
Shwe, Co-Chairmen U Kyi Maung and U Tin Oo, and General Secretary Daw Aung
San Suu Kyi planned to meet with local members of the NLD at their office
in Mayangone township, north of Yangon. It was reported that the
authorities took measures to prevent the meeting from taking place and,
upon arrival, the NLD delegation found the office empty and returned home.
According to SLORC Information Sheet Nos. A-0186 and A-0187, dated 28
October 1997, "the NLD representatives have also been advised (by the
authorities) on grounds of security and stability reasons that such
activities (rallies) should be held at Daw Aung San Suu Kyi's university
compound".
 
     3. Every time the authorities allow a meeting to take place, they also
always specify the number of people allowed to attend. For the ceremony
celebrating the ninth anniversary of the NLD, the authorization granted by
the authorities dated 26 September 1997 limited the attendance to 300
participants. For the meeting celebrating the religious ceremony held on 10
October 1997, the authorities imposed a condition that the "number of
invitees be kept at (100) persons" (see Official Information Sheet No.
A-0171).
 
     4. Finally, the meetings are closely monitored by the authorities and
the people attending the meetings are systematically registered. On 24
November 1997, a ceremony to celebrate the seventy-seventh anniversary of
the National Day was held at the residence of Daw Aung San Suu Kyi. On that
occasion, it was reported to the Special Rapporteur that persons attending
the ceremony had to wait for half an hour at the entrance to University
Avenue, where the authorities checked their invitations, registered their
names and took their photographs. It is understandable that there is a need
for the authorities to facilitate the smooth flow of road traffic in that
neighbourhood and to take appropriate measures to ensure that the persons
attending the meeting conduct
themselves in a manner which does not disturb public order. Nevertheless,
the registration of persons attending and the taking of photos are entirely
unnecessary. On the contrary, such actions are of a dissuasive nature and a
clear restriction on the normal exercise of the basic freedom of assembly
and personal freedoms.
 
     5. Almost two years after her release from house arrest, the General
Secretary of the NLD is reported to continue to face serious restrictions
on her freedom of movement and her social and political activities,
including constant harassment and vilification. The weekend addresses from
her home were stopped, barricades have been erected in the street giving
access to her home, and both she and the people who visit her are kept
under constant police or military surveillance. According to a statement
released by SLORC on 24 October 1997, Daw Aung San Suu Kyi's movements will
not be restricted provided she conducts her political activities "within
the framework of the law. ... There is no government restriction on her
movements. In fact, the authorities concerned have only requested her to be
careful in her activities outside her compound for her own security, and
conduct political activities within the framework of the law and within the
established regulations governing such activities so that peace,
tranquillity and stability will not be disturbed". This statement brings
into sharp focus the question whether the relevant laws and regulations
themselves violate the exercise of public freedom which a political figure
should normally be able to exercise, with the protection, if necessary, of
the State. 
 
     6. On 19 December 1997, the Permanent Mission of Myanmar to the United
Nations Office at Geneva addressed, by name, to the officer assigned by the
Office of the High Commissioner for Human Rights to assist the Special
Rapporteur a note entitled "Daw Suu Kyi freely fulfils appointment
schedule". The note gave a day-by-day account, from 11 to 17 December 1997,
of the party members who either visited her or whom she visited, including
two foreign diplomats. It is hoped that all restrictions on Daw Aung San
Suu Kyi's public and other political activities, meetings and addresses
will soon be lifted in order that she may exercise her civil and political
rights freely and completely.
 
   7. The initiation of a dialogue between the authorities and the NLD
would appear to be having a difficult and uneasy beginning. On 18 December
1997, the SPDC, led by the Minister for Home Affairs, held a meeting with
five Central Executive Committee (CEC) members of the NLD. The
communication of 19 December 1997 referred to above included a note
regarding the purpose of that meeting. According to the note, "the meeting
was initiated by the Minister for Home Affairs with the aim of creating
better understanding and cooperation between the NLD and the State Peace
and Development Council". At the meeting, the SPDC "cordially advised the
NLD CEC members to refrain from creating conditions in which the
authorities concerned [would be] inevitably forced to take necessary
actions against the NLD party".

The Special Rapporteur has no information regarding the views of the
representatives of the NLD with regard to the meeting.
 
     8. From such information as is available to the Special Rapporteur to
date, this was the first meeting between governmental representatives and
the NLD since the Government was reconstituted on 15 November 1997. The
last time NLD officials met government leaders was in July 1997, when NLD
Chairman U Aung Shwe and two Central Executive Committee members met SLORC
Secretary One Lieutenant-General Khin Nyunt to discuss political issues. In
mid-September 1997, high officials of SLORC invited representatives of the
NLD for discussions. 

The meeting did not take place, apparently owing to a difficulty which
arose concerning the acceptance by the authorities of the General Secretary
of the NLD as part of the delegation, which the NLD had decided should be
the case. It is to be hoped that, in future, the NLD will be free to decide
how its own delegations should be constituted. 
 
     9. The Special Rapporteur hopes that serious discussions will continue
and will take place in accordance with the basic recommendations made both
by the General Assembly and the Commission on Human Rights with regard to
the initiation of a political dialogue with all political parties returned
in the elections of 1990, including representatives of ethnic minorities.
 
    10. It is perhaps too early to gauge the nature and extent of the
change in the repressive policy vis-`-vis civil and political rights which
has been pursued by the regime since the people made their choice in the
1990 elections. However, it is hoped that this most welcome change in
attitude on the part of the authorities, however limited it appears to be
at present, will continue and broaden the democratic space, permitting the
will of the people to be realized. As the Special Rapporteur had occasion
to observe in previous reports, the violation of the exercise of political
rights is at the root of the violation of most human rights in Myanmar.
 
  C. Extrajudicial, summary or arbitrary executions
 
     1. In his last report to the Commission, the Special Rapporteur
addressed the Government's decision to commute death sentences passed
between 18 September 1988 and 31 December 1992 to life imprisonment. This
year, the officer assigned by the Office of the High Commissioner for Human
Rights to assist the Special Rapporteur received a communication from the
Permanent Mission of Myanmar about an order issued by the SPDC on 1
December 1997 (Order No. 1/97), entitled "Commutation and remission of
sentences". It states, inter alia: 
 
   "2. In respect of citizen prisoners undergoing death sentence,
imprisonment for a term of an unlimited period, transportation for life or
imprisonment for a term exceeding 10 years under orders passed by a civil
court, military court or military tribunal, the respective sentences which
they are undergoing shall be commuted and remitted as follows: 
 
        "(a) to commute death sentence to transportation for life
(imprisonment for a term of 20 years) for those prisoners undergoing the
said sentence; 
 
        "(b) to remit the imprisonment ranging from a term exceeding 20
years to imprisonment for a term of an unlimited period to imprisonment for
a term of 15 years for those prisoners undergoing the said sentence; 
 
         "(c) to commute the sentence of transportation for life to a term
of 10 years for those prisoners undergoing the said sentence; 
 
         "(d) to remit the imprisonment ranging from a term exceeding 10
years to a term of 20 years according to each offence to imprisonment for a
term of 10 years according to each offence for those prisoners undergoing
the said  sentence.
 
     "3. The Order, which has the force of law, applies to sentences passed
before 15 November 1997.
 
     "4. The commutation and remission of sentences under this Order shall
not effect the period to which the prisoner concerned is ordinarily
entitled."  The Special Rapporteur notes with satisfaction that one of the
early acts of the SPDC has been to commute death sentences, a sign of
progress in the protection of the right to life.
 
  1. The Special Rapporteur has had no indication that there exists an
explicit or systematic government policy of encouraging summary executions.
However, he is greatly concerned by the frequent allegations of arbitrary
killings of civilians and insurgents by members of the Tatmadaw under a
variety of circumstances, in violation of the right to life contained in
article 3 of the Universal Declaration of Human Rights. The right to life
has the character of jus cogens binding on all States under all
circumstances, without any exception. The following allegations, among many
others, exemplify the reports received by the Special Rapporteur:
 
     (a) On 7 June 1997, three villagers from Wan Kyawng, Murngpan
township, Shan state, were allegedly beaten to death by troops of Light
Infantry battalion (LIB) No. 332 from Murngpan. The three reported victims
were Loong Za Li, Loong Nan Ta, and Sai Ta; 
 
     (b) On 13 June 1997, five villagers from different villages in
Murngpan township were reportedly beaten to death by LIB No. 332 troops
from Murngpan. The five reported victims were Pannya from Nam Maw Mon
village, Loong Pae from Nawng Harn village, Pa Kao from Wan Kung village,
Su Nan Ta from Loi Noi village, and Su Na Ta from Long Kaeng village. 
 
  1. The Special Rapporteur on extrajudicial, summary or arbitrary
executions has, during the last year, transmitted three communications to
the Government of Myanmar regarding allegations of violations of the right
to life. One 
communication concerned three Karenni living in a refugee camp in Thailand
who were allegedly killed on 3 January 1997 by members of the armed forces.
Another communication concerned three other refugees reportedly executed,
on 28 and 29 January 1997, in refugee camps in Thailand by members of the
Democratic Karen Buddhist Army (DKBA), a Karen militia group alleged to be
backed by SLORC. The third communication concerned the arbitrary executions
of two Shan farmers committed on 30 October and 13 November 1996 by the
Tatmadaw. The replies of the Government and the observations of the Special
Rapporteur on extrajudicial, summary or arbitrary executions are contained
in document A/CN.4/1998/68/Add.1, paragraphs 285-288. 
 
  2. Given the great number of allegations of summary or arbitrary
executions, in addition to violations of other basic rights, as reported in
previous reports of the Special Rapporteur, and given the continuing flow
of similar allegations, particularly in areas where ethnic minorities live,
it is of the utmost importance that the authorities conduct a high-level
inquiry with broad terms of reference. It
is true that most of the acts are alleged to have been perpetrated by the
rank and file. Nevertheless, if the allegations are well-founded, the acts
could not have been committed without the orders of field superiors.
 
END OF PART I OF II