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THE 54TH UNGA GIVES GREEN LIGHT ON (r)



Subject: THE 54TH UNGA GIVES GREEN LIGHT ON CRPP, BUT...

POSTED WED 24 NOV 99; 6:00AM

The draft resolution (A/C.3/54/L.76) is certainly stronger both in tone
in its content in comparison to that of last year's. One of the most
satisfying aspect for all our pro-democracy group will be that of
Operative Paragraph (10) of resolution of which the GA gives its
recognition to the existence, mandate and objectives of Committee
Representing the People's Parliament. In political terms, it is like the
General Assembly giving green light to the international community to
make formal contact and consultation with CRPP in matters relating to
Burma.

Operative Paragraph (16) regarding with refugees is strong as usual. In
addition OP(17) recognise UN Secretary-General's Good Office has not
been in good use: Should we consider this as a call on the UN
Secretary-General to improve his good office facility ? It is quite
ambiguous.

Operative Paragraph (2) is also strongly demanding unhindered access for
the Special Rapporteur to Burma: it is certainly a good sign. On the
other hand, we still have not seen any recommendation that may approve
deployment of incountry human rights monitors and also imposing
international investment ban.

Operative Paragraph (11) and (12) urges the government to improve its
use of forced labour. One can view the issue of forced labour only as
some aspect of human rights violations in general. We can single out--
provided no other alternatives exists-- to improve forced labour
situation. But to do so will be the meanness on the part of UN and
international community: the movement is asked to focus on forced labour
issues, of which the UN having only few leverage for practical
improvement, and simply side-stepping other serious issues. Genuine
commitment on the part of United Nations, such as consideration for
deployment of human rights monitors to Burma, are needed to improve the
situation.

The Operative Paragraph (9) urges Burmese government to take new
measures to include ethnic minority groups as well as elected
representatives in Constitutional Convention. It is to be considered as
one positive aspect of the resolution.

There is no mention of government's drug related corruption. This
probably is because the drug issue are not considered to be human rights
issues. Nevertheless, the UN and international community must recognise
the Burmese military government's involvement in drug trade is
disturbing and is a threat to international peace and security.

In sum, the draft resolution this year can be seen in a positive light.
But the situation in Burma will be improved better by genuine commitment
on the part of United Nations and international community.

With best regards, U Ne Oo.

---------------------------------------------------------
Subject:  STRONGEST GA RESOLUTION EVER ON BURMA (FULL TEXT)
   Date:  Fri, 19 Nov 1999 22:36:57 +0100
   From:  David Arnott <darnott@xxxxxxxxxxx>
*********
United Nations                          A/C.3/54/L.76

General Assembly
 
Distr.: Limited
12 November 1999
Original: English
       
Fiftyfourth session
Third Committee
Agenda item 116 (c)

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

Andorra, Australia, Austria, Belgium, Bulgaria, Costa Rica, Czech
Republic, Estonia, Finland, France, Germany, Greece, Hungary, Iceland,
Italy, Latvia,  Lithuania, Luxembourg, Malta, Monaco, New Zealand,
Norway, Poland, Portugal, Romania, San Marino, Republic of  Korea,
Spain, Sweden, United Kingdom of Great Britain and Northern Ireland and
United States of America: draft resolution

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 its 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,
and therefore  expressing its grave concern that the Government of
Myanmar has still  not implemented its commitment to take all necessary
steps towards democracy in the light of  the results of the elections
held in 1990,

Recalling its resolution 53/162 of 9 December 1998,

Recalling also Commission on Human Rights resolutions 1992/58 of 3 March
1992,(3) in which the Commission, inter alia, decided to nominate a
special rapporteur with a given  mandate, and  Commission resolution
1999/17 of 23 April 1999,(4) in which the Commission decided to extend
for one  year the mandate of its Special Rapporteur on the situation of
human rights in Myanmar,
 
Recalling the observation made by the Special Rapporteur that the
absence of respect for the rights pertaining to democratic governance is
at the root of all major violations of human rights in Myanmar,
 
Gravely concerned at the continuing and intensified repression of civil
and political rights in Myanmar, as reported by the Special Rapporteur, 

Deeply regretting the failure of the Government of Myanmar fully to
cooperate with the relevant United Nations mechanisms, in particular the
Special Rapporteur,  while noting the recent increased contacts between
the Government of Myanmar and the international community,

Noting that the Government of Myanmar, as a state Party to the
Convention On the Elimination of All Forms of Discrimination Against
Women, has submitted its initial report to the Committee on the
Elimination of Discrimination Against Women for its consideration.,

1. Expresses its appreciation to the Special Rapporteur of the
Commission on Human Rights on the situation of human rights in Myanmar
for his interim report,(5) and calls upon the Government of Myanmar to
implement fully the recommendations made by the Special Rapporteur;

2. Urges the Government of Myanmar to cooperate fully and without
further delay with the Special Rapporteur, and 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,
thus enabling him fully to discharge his  mandate, and, in this context,
notes with interest that the Government has  expressed that it will give
serious consideration to a visit by the Special Rapporteur;

3. Welcomes the resumption of cooperation with the International
Committee of the Red Cross, allowing the International Committee to
communicate with and visit prisoners in accordance with its standard
working rules, and encourages continued cooperation;

4. Expresses its appreciation to the SecretaryGeneral for his report (6)
and notes with deep concern his conclusion that he is unable to report
concrete progress, with the exception of the visit by the International
Committee of the Red Cross, on issues that the international community
has raised time and again in successive resolutions of the General
Assembly and the Commission on Human Rights;

5. Deplores the continuing violations of human rights in Myanmar,
including extrajudicial, summary or arbitrary executions, enforced
disappearances, rape, torture, inhuman treatment, mass arrests, forced 
labour, including the use of children, forced relocation, and denial of
freedom of assembly, association, expression and  movement, as reported
by the Special Rapporteur;

6. Expresses its grave concern at the increased repression of any form
of public political activity, and at the arbitrary detention and arrest
of those exercising their rights of freedom of thought, expression,,
assembly and association, as well as the harassment of their families;

7. 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;

8. Expresses its grave concern at the escalation in the persecution of 
the democratic opposition, notably over the past year, in particular
members and supporters of the National League for Democracy, at the
harsh long-term prison sentences imposed, and at the use by the
Government of intimidatory methods against elected representatives and
members of the National League for Democracy, which forced them to
resign from their positions  and to dissolve their party offices;

9. Expresses its concern that the composition and working procedures of
the National Convention do not permit either members of Parliament-elect
or representatives of the ethnic minorities to express their views
freely, and urges the Government of Myanmar to seek new and constructive
means to promote national reconciliation;

10. Strongly urges the Government of Myanmar, taking into account the
assurances given by it on various occasions, 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 this  end and without delay, to engage in a substantive
political dialogue with  political leaders, including Aung San Suu Kyi,
and representatives of ethnic  groups and, in this context, notes the
existence of the Committee representing  the People?s Parliament;

11. Notes with grave concern that the Government of Myanmar has failed
to review its legislation to cease to inflict the practice of forced
labour on its people and to punish those exacting forced labour, which
has forced the International Labour Conference to exclude the Government
from further  cooperation until such time as it has implemented the
recommendations of  the Commission of Inquiry; 

12. Strongly urges the Government of Myanmar to cease its widespread and
systematic use of forced labour, and to implement the recommendations of
the Commission of Inquiry of the International Labour Organization
regarding the implementation of the Forced Labour Convention, 1930 (No.
29) of the International Labour Organization, while noting the order by
the Government of Myanmar issued in May 1999 directing that the power to
requisition forced  labour under the Towns Act  and the Village Act not
be exercised, as well as the invitation for a visit by the International
Labour Organization, issued in October 1999;

13. Deplores the continued violations of human rights, in particular
those directed against persons belonging to ethnic and religious
minorities, including summary executions, rape, torture, forced labour,
forced portering, forced relocations, destruction of crops and fields,
and dispossession of land and property, which deprives these persons of
all means of subsistence;

14. Deplores the continuing violations of the human rights of women,
especially women who are refugees, internally displaced or belong to
ethnic minorities or the political opposition, in particular forced
labour, sexual violence and exploitation, including rape, as reported by
the Special Rapporteur;

15. Strongly urges the Government of Myanmar to ensure full respect for
all human rights and fundamental freedoms, including economic and social
rights, and to fulfil its obligation to end the impunity of perpetrators
of human rights violations, including members of the military, and to
investigate and prosecute alleged violations committed by government
agents in all circumstances;

16. Urges the Government of Myanmar to end the enforced displacement of
persons and other causes of refugee flows to neighbouring countries and
to create conditions conducive to their voluntary return and full
reintegration in conditions of safety and dignity;

17. Notes with interest the recent visit to Myanmar by the envoy of the
Secretary-General for the purpose of discussions with the Government and
with political leaders, including Aung San Suu Kyi and representatives
of some ethnic minority groups, and calls upon the Government of Myanmar
to enter into a constructive dialogue with the Secretary-General in
order to make better use of his good offices;

18. Requests the SecretaryGeneral to continue his discussions on the
situation of human rights and the restoration of democracy with the
Government of Myanmar, to submit additional reports to the General
Assembly during its fiftyfourth session on the progress of these
discussions, and to report to the Assembly at its fiftyfifth session and
to the Commission on Human Rights at its fiftysixth session on the
progress made in the implementation of the present resolution;

19. Decides to continue its consideration of this question at its
fifty-fifth session.


ADOPTED BY CONSENSUS, 19 NOVEMBER, 1999
 
(1) Resolution 217 A (III).

(2) Resolution 2200 A (XXI), annex.

(3) Official Records of the Economic and Social Council, 1992,
Supplement No. 22 (E/1992/22), chap. II, sect. A.

(4) Ibid., 1999, Supplement No. 3 (E/1999/23), chap. II, sect. A.

(5) A/54/440

(6) A/54/499


*******************************************
BELOW IS THE 1998 GA RESOLUTION, FOR COMPARISON

United Nations           A/C.3/53/L.59

General Assembly
 
Distr.: Limited
13 November 1998
Original: English
       
Fiftythird session
Third Committee
Agenda item 110 (c)

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

Andorra, Australia, Austria, Belgium, Bulgaria, Costa Rica, Czech
Republic, Estonia, France,  Germany, Greece, Hungary, Italy, Latvia,
Lithuania, Luxembourg, Monaco, New Zealand, Poland, Portugal, Romania,
San Marino, Slovakia, South Korea, Spain, Sweden, United Kingdom of
Great Britain and Northern Ireland and United States of America: draft
resolution

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 52/137 of 12 December 1997,

Also recalling Commission on Human Rights resolutions 1992/58 of 3 March
1992,(3) in which the Commission, inter alia, decided to nominate a
special rapporteur with a given  mandate, and 1998/63 of 21 April
1998,(4) in which the Commission decided to extend for one  year the
mandate of its Special Rapporteur on the situation of human rights in
Myanmar, 
 
Gravely concerned that the Government of Myanmar still has not
implemented its commitment to take all necessary steps towards democracy
in the light of the results of the elections held in 1990,

Noting the contact between the Government of Myanmar and the National
League for Democracy, but regretting the failure of the Government of
Myanmar to engage in a substantive political dialogue with Aung San Suu
Kyi and other political leaders, including representatives of ethnic
groups,

Noting with concern that the Government of Myanmar has not permitted a
visit by the Personal Emissary of the SecretaryGeneral,

Noting with deep regret the continued failure of the Government of
Myanmar to cooperate with the Special Rapporteur,

Gravely concerned at the continuing and consistent violations of human
rights in Myanmar, as reported by the Special Rapporteur,

Noting with grave concern the content of the report of the International
Labour Organization Commission of Inquiry, appointed in March 1997, in
accordance with article 26 of the  International Labour Organization
Constitution, regarding the observance by Myanmar of the Forced Labour
Convention, 1930 (No. 29), which indicates a widespread and systematic
use of forced labour imposed by the military on the civilian population,

Recalling the observation made by the Special Rapporteur that the
absence of respect for the rights pertaining to democratic governance is
at the root of all the major violations of human rights in Myanmar,

1. Expresses its appreciation to the Special Rapporteur of the
Commission on Human Rights on the situation of human rights in Myanmar
for his interim report;(5)

2. Urges the Government of Myanmar to cooperate fully with all United
Nations authorities and bodies, in particular and without further delay
with the Special Rapporteur, and to ensure his access to Myanmar,
without preconditions, in order to establish direct contact with the
Government and all other sectors of society to allow him fully to
discharge his mandate;

3. Also expresses its appreciation to the SecretaryGeneral for his
report,(6) and notes with concern the observations contained in the
report; 

4. Deplores the continuing violations of human rights in Myanmar,
including extrajudicial and arbitrary executions, rape, torture, inhuman
treatment, mass arrests, forced  labour, forced relocation and denial of
freedom of expression, assembly, association and  movement, as reported
by the Special Rapporteur;

5. Notes with deep concern the increased restrictions on the freedom of
movement and the large numbers of arbitrary detentions and harassment of
political activitists, including elected representatives to the
Parliament, and urges the Government of Myanmar to permit unrestricted
communication with and physical access to Aung San Suu Kyi, as well as
other political leaders, and to protect their physical wellbeing;

6. 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;

7. Urges the Government of Myanmar to urgently expand and intensify its
contacts with the National League for Democracy with a view to engaging
in a substantive political dialogue with the General Secretary of the
League, Aung San Suu Kyi, and other political leaders, including
representatives of ethnic and other groups, as the best means of
promoting national reconciliation and the full and early restoration of
democracy;

8. Strongly urges the Government of Myanmar, taking into account 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 and nongovernmental organizations can function freely,
and in that context notes that the National League for Democracy
recently established a committee to temporarily represent the
Parliament;

9. Also 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.    Further strongly urges the Government of Myanmar to ensure full
respect for human rights and fundamental freedoms, including freedom of
expression, association, movement and assembly, the right to a fair
trial and the protection of the rights of persons belonging to ethnic
and religious minorities, 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, and to fulfil its obligations to
end the impunity of perpetrators of human rights violations, including
members of the military, and to investigate and prosecute alleged
violations committed by government agents in all circumstances;

11.    Calls upon the Government of Myanmar to implement fully the
recommendations  made by the Special Rapporteur;

12.    Welcomes the accession by the Government of Myanmar to the
Convention on the Elimination of All Forms of Discrimination against
Women,(7) and appeals to the  Government of Myanmar to consider becoming
a party to the International Covenant on Civil and Political Rights,(2)
the International Covenant on Economic, Social and Cultural Rights (2)
and the Convention against Torture and Other Cruel, Inhuman and
Degrading Treatment or Punishment(8) and the International Convention on
the Elimination of All Forms of Racial Discrimination;(9)

13.    Strongly urges the Government of Myanmar to fulfil its
obligations with regard to the Convention on the Rights of the Child, as
set out in the concluding comments of the Committee on the Rights of the
Child;

14.    Also strongly 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, and to implement the recommendations of the International
Labour Organization Commission of Inquiry regarding the implementation
of the Forced Labour Convention, and encourages further communication
between the Government and the International Labour Organization;

15.    Stresses the importance for the Government of Myanmar to give
particular attention to improving the conditions in the country's jails
and to allow the competent international humanitarian organization to
communicate freely and confidentially with prisoners;

16.    Calls upon the Government of Myanmar and other parties to the
hostilities in Myanmar to respect fully the obligations under
international humanitarian law, including article 3 common to the Geneva
Conventions of 12 August 1949, to halt the use of weapons against the
civilian population, to protect all civilians, including children, women
and persons belonging to ethnic or religious minorities, from violations
of humanitarian law and to avail themselves of such services as may be
offered by impartial humanitarian bodies;

17.    Expresses concern that the human rights situation in Myanmar, and
the lack of stability, has resulted in flows of refugees to neighbouring
countries, and may cause further negative effects for these countries,
and therefore calls upon the Government of Myanmar to create the
necessary conditions to ensure an end to the movements of refugees to
neighbouring countries and to create conditions conducive to their
voluntary return and their full reintegration, in conditions of safety
and dignity;

18.    Welcomes the recent visits to Myanmar by the Envoy of the
SecretaryGeneral for the purpose of discussions with the Government and
with Aung San Suu Kyi and other political leaders, and further
encourages the Government of Myanmar to engage in a broader and more
regular dialogue with the SecretaryGeneral and to facilitate access by
his representative to all sectors of society in Myanmar;

19.    Requests the SecretaryGeneral to continue his discussions on the
situation of human rights and the restoration of democracy with the
Government of Myanmar, and to submit additional reports to the General
Assembly during its fiftythird session on the progress of these
discussions, and to report to the Assembly at its fiftyfourth session
and to the Commission on Human Rights at its fiftyfifth session on the
progress made in the implementation of the present resolution;

20.    Decides to continue its consideration of this question at its
fiftyfourth session.

______________________


(1) Resolution 217 A (III).

(2) Resolution 2200 A (XXI), annex.

(3) See "Official Records of the Economic and Social Council, 1992,
Supplement No. 22" (E/1992/22), chap. II, sect. A.

(4) See Official Records of the Economic and Social Council, 1998,
Supplement No. 3 (E/1998/23), chap. II, sect. A.

(5) A/53/364

(6) A/53/657

(7) Resolution 34/180, annex.

(8) Resolution 39/46, annex.

(9) Resolution 2106 A (XX)

(10) Resolution 44/25, annex.

(11) CRC/C/15/Add.69.

(12) United Nations, Treaty Series, vol. 75, Nos. 970B973.



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