SPECIAL POSTING: UN SPECIAL RAP TO

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Subject: SPECIAL POSTING: UN SPECIAL RAP TO GA, 1999, Part 1 of 2

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The BurmaNet News: SPECIAL POSTING
UN SPECIAL RAPPORTEUR  ON MYANMAR REPORT TO THE GENERAL ASSEMBLY, 1999,
Part 1of 2

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Distr. GENERAL
A/54/440
4 October 1999
Original: ENGLISH

Fifty-fourth session
Agenda item 116 (c)

Human rights questions: human rights situations and reports of special
rapporteurs and representatives

Situation of human rights in Myanmar

Note by the Secretary-General

The Secretary-General has the honour to transmit to the members of the
General Assembly the interim report prepared by Rajsoomer Lallah, Special
Rapporteur of the Commission on Human Rights on the situation of human
rights in Myanmar, in accordance with Commission resolution 1999/17 of 23
April 1999 and Economic and Social Council decision 1999/231 of 27 July 1999.

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Annex

Interim report on the situation of human rights in Myanmar prepared by the
Special Rapporteur of the Commission on Human Rights in accordance with
Economic and Social Council decision 1999/231 of 27 July 1999

Contents

I. Introduction (paragraphs 1-3)
II.The exercise of civil and political rights (4-20)
     A. Measures adversely affecting democratic governance (4-18)
     B.Prison conditions (19-20)
III. Forced labour (21-30)
IV.Situation in the ethnic minority States (31-37)
V.United Nations programmes in Myanmar (38-49)
VI.Conclusions and recommendations (50-55)

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I. Introduction

1. The present interim report is submitted pursuant to paragraph 8 (a) of
Commission on Human Rights resolution 1999/17 of 23 April 1999.

2. The Special Rapporteur wishes to recall that, since his appointment in
June 1996, he has yet to be allowed by the Government of Myanmar to see the
situation on the ground, despite the repeated requests of the General
Assembly and the Commission on Human Rights that he have direct access to
Myanmar. In its latest resolution on the human rights situation in Myanmar,
the Commission on Human Rights urged the Government of Myanmar to cooperate
fully, and without further delay, with the Special Rapporteur, to allow
him, 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. The Special
Rapporteur regrets that the Government of Myanmar is still unwilling to
establish a constructive dialogue with the human rights mechanisms
established by the United Nations for the effective promotion and
protection of human rights.

3. The present interim report is based upon information received by the
Special Rapporteur up to 30 August 1999 and is to be read in conjunction
with the Special Rapporteur's last report to the Commission on Human Rights
(E/CN.4/1999/35).

II. The exercise of civil and political rights

A. Measures adversely affecting democratic governance

4. Many reports indicate that political parties in opposition continue to
be subject to intense and constant monitoring by the regime, aimed at
restricting their activities and prohibiting members of political parties
from leaving their localities. Existing orders and directives from the
State Peace and Development Council (SPDC) prohibit members of political
parties from leaving their localities or even their houses without prior
permission from the authorities; those violating the orders risk arrest and
interrogation by the police or military intelligence agents. The aim of
these directives is said to be to exert pressure and to intimidate. They
have in fact led the members of the National League for Democracy (NLD) to
resign. For instance, it was reported that in Kachin State, membership in
NLD has dwindled from over 4,000 to about 30. A number of NLD working
committees throughout the country were dismantled by the authorities and
their offices forcibly shut down.

5. As a result of widespread rumours of a planned mass uprising on 9
September 1999, also known as 9-9-9-9, it was reported that more than 100
persons have been arrested in the past three months in Yangon and others in
the provinces.

6. On 9 September 1999, the regime is reported to have obstructed a meeting
organized by NLD in Yangon to mark the anniversary of the formation by the
opposition of a committee to represent the persons elected in the May 1990
general elections. The streets leading to the party headquarters were
reported to have been blocked by police, who allowed only party members
through. Journalists and the public were barred. Other measures to disrupt
the meeting included preventing people from outside Yangon from attending,
and detaining non-party members involved in the preparations for the meeting.

7. Between 19 and 24 July 1999, in Bago, central Myanmar, a group of 19
persons were reportedly arrested by State authorities, allegedly in
connection with the planning of a march on 19 July commemorating the
fifty-second anniversary of the assassination of General Aung San. From 16
to 18 July, pamphlets had reportedly been distributed and walls
spray-painted to announce the march which was planned to demonstrate
support for NLD, the lowering of food prices and a revision of the salaries
of civil servants. A three-year-old child, Thaint Wunna Khin, daughter of
activist Kyaw Wunna, was with her mother, one of the group of 19, when she
was arrested. On 30 July, Thaint Wunna Khin was released; however, her
mother, Ma Khin Khin Leh, and 17 other prisoners remain in detention, 6 of
them members of Kyaw Wunna's family.

8. On 28 July 1999, the Special Rapporteur on the question of torture of
the Commission on Human Rights and the Commission's Special Rapporteur on
the promotion and protection of the right to freedom of opinion and
expression sent a joint communication to the Government of Myanmar on
behalf of the members of the group, namely, Ma Khin Khin Leh (age 33) and
her daughter, Aye Swe (age 55), Daw Tin Tin (age 50), Kyaw Kyaw Oo (age
33), Zaw Myint (age 49), Daw Tin Tin (age 47), Ko Zaw Zaw Latt (age 20), Ba
Chit (age 48), Ye Tint (age 45), Win Myint (age 45), Dr. Shwe Bo (age 45),
Ma Thida Htway (age 20), Ko Lwin Moe Myint (age 27), Ko Myint Oo (age 30),
Ko Ah Thay Lay (age 21), Ko Hla Win (age 23) and two unnamed female
physicians in their mid-forties, expressing fears for the safety of the
detainees during their interrogation at various detention centres by a
local Military Intelligence branch (MI3), including concern that they would
be exposed to the risk of torture and other forms of ill treatment.

9. Regarding the above-mentioned case, it has been noted that, while
political dissidents appear to be the main targets, in order to intimidate
and eliminate all opposition activities, their families are targeted as
well. Military Intelligence (MI) reportedly arrested his wife and daughter
because they could not find Kyaw Wunna.

10. In a governmental information sheet dated 29 July 1999, the authorities
categorically rejected the allegation that a three-year-old child had been
detained. The sheet stated that people had been called in for questioning
in Bago because pamphlets printed by an armed terrorist group calling for
civil unrest on 9-9-9-9 had been found hidden at Kyaw Wunna's house and
some other places on 17 July; it was only because of their activities,
connection and involvement with the outlawed armed terrorist group that the
people involved had been called in for questioning.

11. The Special Rapporteur notes that no information has so far been given
as to whether the individuals concerned have been formally charged with a
criminal offence, or whether members of their families or legal
representatives have been granted access to them.

12. It was also reported that on 2 August 1999, Kyaw Aung (age 23, trader),
Kyaw Min Htun (age 20, student), Pyo Wai (age 19, student) and Maung Saw
(age 18, student) were arrested at their home in Bago by military
intelligence and are currently being detained at the MI3 interrogation
centre in Bago. It was reported that these arrests were part of actions
taken by the regime against a series of small demonstrations and other
protests in Bago, reflecting widespread discontent at the country's
political situation. As a result of the activities of their children, the
fathers of two of the above-mentioned individuals are said to have been
dismissed from their jobs. The two families are also said to be in danger
of losing their homes, which are part of a housing complex for civil servants.

13. On 16 August 1999, the Working Group on Arbitrary Detention of the
Commission on Human Rights sent a communication to the Government of
Myanmar on behalf of the above individuals. The Working Group is still
waiting for a reply.

14. Nine military officers as well as two rank-and-file soldiers were
reportedly arrested on 27 August 1999 in Papun township, Karen State, for
allegedly circulating pro-democracy pamphlets, posters and stickers and
trying to organize fellow military personnel to participate in the
pro-democracy movement led by NLD. They are reportedly being detained and
interrogated by military intelligence. The names of those arrested, as
received by the Special Rapporteur, are of the following individuals:
Lieutenant Kyaw Thura; Lieutenant Maung Aung; Lieutenant Aung Htay Lwin;
Lieutenant Okkar Myint; Lieutenant Myint Zaw; Lieutenant Kyaw Zaya;
Lieutenant Than Win; Second Corporal Sein Thaung; and Second Corporal Myint
Kyu.

15. The Special Rapporteur has also received information about several
students arrested in the autumn of last year for their participation in
demonstrations to recover their civil and political rights. As the Special
Rapporteur had occasion to point out, numerous executive orders criminalize
many aspects of normal civilian conduct, prescribe grossly disproportionate
penalties and authorize arrest and detention without judicial supervision
or review. This inevitably leads to the conclusion that a significant
number of all arrests and detentions are arbitrary when measured by
international standards. Below are two examples of the violation of the
right of students, whose names were given to the Special Rapporteur, to
protection from arbitrary arrest and detention, to a fair trial and to
protection from ill treatment and disproportionate punishment.

16. Thet Win Aung attended Basic Education High School No. 5, Tamwe
township, where his family lives. He was dismissed from school in 1991 for
his so-called political activities and in September of that year was
detained for nine months during which time he was reportedly badly
tortured. Following student protests between June and September 1998, when
students staged small demonstrations to protest against the poor quality of
education and the human rights situation, he was arrested and reportedly
sentenced to 52 years' imprisonment. It was further reported that the
sentence was subsequently increased by another seven years.

17. Reports indicate that the current whereabouts of Thet Win Aung are
unknown. According to reports received, Thet Win Aung was initially
detained in Insein prison in Yangon, in solitary confinement. However, in
April and May 1999 the military authorities reportedly transferred hundreds
of political prisoners from Insein prison to remote prisons elsewhere in
the country. Thet Win Aung was reportedly moved, as part of this operation,
to Myitkyina prison. There is serious concern about his current state of
health in custody, given the reports that he had already been tortured
during his earlier term of imprisonment in 1991.

18. Myo Min Zaw was a second-year English student. He was arrested, with
about 300 other students, during the demonstrations of June-September 1998.
Myo Min Zaw was arrested in the street on 14 September 1998 and accused of
agitating unrest. He was reportedly sentenced to 38 years' imprisonment,
subsequently increased to 52 years. Myo Min Zaw is now being held in
Pathein/Bassein prison, having been transferred there in April/May 1999
along with other prisoners.

B. Prison conditions

19. The Special Rapporteur has noted with satisfaction that the
International Committee of the Red Cross (ICRC) has reached a verbal
agreement with SPDC that allows staff to have access to all places of
detention in Myanmar. The visits are to take place in accordance with
ICRC's standard procedures. Accordingly, on 6 May 1999, ICRC began visiting
detainees and prisoners held at Insein prison.

20. On 3 September 1999, ICRC announced that for the first time in Myanmar
ICRC teams had visited more than 18,000 detainees and registered over 600
security detainees. Since the ICRC visits began in May, delegates had been
to nine places of detention, including Insein prison and the central prison
in Mandalay, and to three places of administrative internment. According to
the same statement, each visit had been conducted according to the ICRC's
standard working procedures and included an initial discussion with the
authorities administering the facility, a complete inspection of the
premises, access to all the detainees and private interviews with security
detainees, who were given the opportunity to write Red Cross messages to
their families. The delegates had a meeting after each visit with the
authorities in charge, putting forward recommendations regarding the
situation they had observed. Confidential written reports were then handed
to the relevant Myanmar authorities. ICRC and the country's authorities
have agreed that delegates would be able to return on a regular basis to
all the places visited. The programme will gradually be extended to all
detention facilities in Myanmar.

III. Forced labour

21. In his last report to the General Assembly (A/53/364, annex), the
Special Rapporteur referred in detail to the work of the Commission of
Inquiry established by the International Labour Organization (ILO) to
examine complaints lodged by the International Confederation of Free Trade
Unions concerning the observance by Myanmar of the Forced Labour
Convention, 1930 (No. 29).

22. According to the report issued by the Commission of Inquiry on 20
August 1998, the obligation to suppress the use of forced or compulsory
labour was violated in Myanmar in national law, as well as in actual
practice, in a widespread and systematic manner, with total disregard for
the human dignity, safety and health and basic needs of the people.

23. In its conclusions on the substance of the case, the Commission stated
that there was abundant evidence of the pervasive use of forced labour,
imposed on the civilian population throughout Myanmar by the authorities
and the military, for portering; the construction, maintenance and
servicing of military camps; the construction and maintenance of roads,
railways and bridges; other infrastructure work; other work in support of
the military; and work in agriculture, logging and other projects
undertaken by the authorities or the military, sometimes for the profit of
private individuals.

24. At its 274th Session, held in March 1999, the members of the Governing
Body of the International Labour Office called upon the Government of
Myanmar to make all the necessary changes in the laws to bring them into
compliance with the Convention by 1 May 1999. It also requested the
Director-General of ILO to submit a report by 21 May 1999 concerning the
measures that the Government had taken to comply with the recommendations
of the Commission of Inquiry.

25. On 21 May 1999, the Director-General of ILO submitted his report. It
contained new documentation substantiating the conclusions of the
Commission of Inquiry that a variety of forms of forced labour were
prevalent throughout the country. It provided further evidence of the
continued use of forced labour in virtually every ethnic State of the
country as part of the campaign to repress ethnic minorities. It also
contained evidence of the continued use of forced labour in the Burman
areas. The Director-General concluded that there was no indication that the
recommendations of the Commission of Inquiry had been implemented. The
Village Act and the Towns Act had not been amended; the practice of forced
and compulsory labour continued to be widespread; and no action appeared to
have been taken under section 374 of the Penal Code to punish those
exacting forced labour.

26. At the 87th Session of the International Labour Conference, held in
June 1999, the application by Myanmar of the Forced Labour Convention, 1930
(No. 29) was discussed in the Conference Committee on the Application of
Standards. The Committee noted the written and oral information supplied by
the Government and the discussion that had followed. It noted in particular
the Government's position that the findings of the Commission of Inquiry
and the ILO Committee of Experts for the Application of Conventions and
Recommendations had no basis, and that the report of the Director-General
of 21 May 1999 was based on false and misleading information. The Committee
also noted the issuance of order No. 1/99 of 14 May 1999, directing that
the power to requisition forced labour under the Towns Act, 1907, and the
Village Act, 1907, not be exercised.

27. The Committee recalled the long history of the case and the series of
actions taken by the ILO supervisory bodies, including the recommendations
of the Commission of Inquiry. It considered that the explanations provided
by the Government did not respond to the detailed and well-substantiated
findings and recommendations of the Commission of Inquiry and the Committee
of Experts. It noted with deep concern the findings of the Commission of
Inquiry that there was convincing information available that the imposition
of forced and compulsory labour on a very large scale still occurred in
Myanmar. The Committee regretted that the Government had not allowed the
Commission of Inquiry to visit the country to verify the situation for
itself. That could also have been the occasion for the Government to
present its own position before the Commission in a very objective and
impartial manner. It regretted that the Government had shown no inclination
to cooperate with ILO in this respect.

28. The Selection Committee submitted an "urgent resolution" on Myanmar to
the Plenary of the Conference. In the resolution on the widespread use of
forced labour in Myanmar, the International Labour Conference deeply
deplored that:

"(a) The Government has failed to take the necessary steps to bring the
relevant legislative texts, in particular the Village Act and Towns Act,
into line with the Forced Labour Convention, 1930 (No. 29), by 1 May 1999,
as recommended by the Commission of Inquiry;

"(b) At the end of the twentieth century, the State Peace and Development
Council (SPDC) has continued to inflict the practice of forced labour -
nothing but a contemporary form of slavery - on the people of Myanmar,
despite repeated calls from ILO and from the wider international community
for the past 30 years;

"(c) There is no credible evidence that those exacting forced labour in
Myanmar have been punished under section 374 of the Penal Code;"

and resolved:

"(a) That the attitude and behaviour of the Government of Myanmar are
grossly incompatible with the conditions and principles governing
membership of the Organization;

"(b) That the Government of Myanmar should cease to benefit from any
technical cooperation or assistance from ILO, except for the purpose of
direct assistance to implement immediately the recommendations of the
Commission of Inquiry, until such time as it has implemented the said
recommendations;

"(c) That the Government of Myanmar should henceforth not receive any
invitation to attend meetings, symposia and seminars organized by ILO,
except such meetings that have the sole purpose of securing immediate and
full compliance with the said recommendations, until such time as it has
implemented the recommendations of the Commission of Inquiry."

29. The Special Rapporteur fully endorses the substantiated conclusions and
recommendations of the Commission of Inquiry, as well as the observations
made in the Director-General's report. He also fully supports the
recommendations contained in the resolution adopted by the International
Conference.

30. The Special Rapporteur notes that the practice of unpaid and forced
labour in Myanmar has been documented for over a decade. Reports received
in 1999 include the construction of the temple in Kunhing using forced
labourers, among whom were children from 8 to 15 years of age, who
accounted for about 10 per cent of the workforce at any one time.
Furthermore, there have been persistent complaints of the use of forced
portering for the military, the porters being held for days, often without
nourishment and often beaten if they are unable to keep up with the
military column. They are forced to carry heavy loads of equipment and food
across difficult terrain without pay. Reported cases include a 23-year-old
woman from Murngnai who in January 1999 was made to carry out portering
duties four times, while still nursing her baby. She was beaten during her
portering duty. The woman finally fled to Thailand. Another example
involved a 33-year-old farmer from Murngnai township who in February 1999
was part of a group made to carry chickens and dried meat for Military Unit
54 from Murngtorng. There reportedly were 40-50 porters, all belonging to
the Shan ethnic minority; 5-7 were women and about 10 were children from 12
to 15 years of age. The porters slept on the ground, tied up with a yoke.
The women, however, were kept separate and might have been harmed, as the
farmer heard them screaming. The porters were reportedly neither fed nor
paid by the soldiers. Upon reaching the villages, the headman was asked to
feed the porters. The farmer further reported being beaten with a rifle
butt on the upper arm, shoulders and neck.

END Part 1 of 2


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