Reports to the GA by the Special Rapporteur on the situation of human rights in Myanmar (English)

expand all
collapse all

Websites/Multiple Documents

Description: All the reports from 1992 in one document. "...All the reports from 1993 in one document."Basic starting points for an assessment of human rights conditions in Burma/Myanmar are the UN resolutions on the situation of human rights in Myanmar and the body of reports submitted since 1992 to the UN General Assembly and Commission on Human Rights/Human Rights Council by the UN Special Rapporteurs on Myanmar. Special Rapporteurs are independent experts appointed by the Commission on Human Rights (and the Human Rights Council which replaced the Commission in 2006) to examine and report on particular human rights themes or on the situation of human rights in particular countries. Country Special Rapporteurs are only appointed to examine the most serious human rights situations. The Commission appointed Professor Yozo Yokota as Special Rapporteur on the situation of human rights in Myanmar in 1992 following two years when Burma/Myanmar had been examined by the Commission under its 1503 (confidential) procedure. He was succeeded in 1996 by Judge Rajsoomer Lallah, who was followed in 2000 by Professor Paolo Sergio Pinheiro followed, in 2008, by Sr Tomás Ojea Quintana. Not only are the reports of the Special Rapporteur the most authoritative general reports on the human rights situation in Burma/Myanmar, including analysis of the legal framework governing the exercise of human rights in the country, but they also contain an abundance of summaries of testimonies gathered by the Special Rapporteurs since 1993 as well as the responses of the Government of Myanmar to specific allegations. By reading or searching the reports as a body it is thus possible to see the patterns of violations over a number of years, to assess the degree to which they are systematic, widespread and persistent over time, to track particular themes (e.g. killings, rape, torture, forced relocation, forced labour) but also to inquire whether there has been any development, positive or negative, since the United Nations human rights bodies began their examination of the situation..." See also the parallel collection of reports to the Commission on Human Rights/Human Rights Council.
Creator/author: Professor Yozo Yokota, Judge Rajsoomer Lallah, Professor Paulo Sergio Pinheiro, Tomás Ojea Quintana
Source/publisher: United Nations
Date of entry/update: 2009-02-20
Grouping: Websites/Multiple Documents
Language: English
Format : pdf
Size: 1.51 MB
more
expand all
collapse all

Individual Documents

Description: "The situation in Myanmar: The General Assembly, Guided by the purposes and principles of the Charter of the United Nations and the Universal Declaration of Human Rights, 1 Recalling its relevant resolutions on Myanmar, the resolutions of the Human Rights Council, including the most recent, resolution 46/21 of 24 March 2021, adopted by consensus, as well as the Security Council statement on the situation in Myanmar of 4 February 2021, the statement by the President of the Security Council on the situation in Myanmar of 10 March 20212 and the press elements of the Security Council on the situation in Myanmar of 1 and 30 April 2021, Expressing grave concern about the declaration of the state of emergency by the Myanmar armed forces on 1 February 2021 and subsequent actions taken against the elected civilian Government, which also impact regional stability, and stressing its continued call upon Myanmar to act in accordance with the principle of adherence to the rule of law, good governance, the principles of democracy and constitutional government, respect for fundamental freedoms and the promotion and protection of human rights, as also provided for in the Charter of the Association of Southeast Asian Nations,3 Stressing its strong support for the central role of the Association of Southeast Asian Nations and the continued constructive engagement of the Association with Myanmar in a positive manner towards facilitating a peaceful solution in the interest of the people of Myanmar and their livelihoods, and welcoming the holding and the outcome of the Leaders’ Meeting of the Association, on 24 April 2021, at the secretariat of the Association, taking into account in particular the Chairman’s statement on the Leaders’ Meeting and the five-point consensus reached during the Meeting,4 Welcoming the statements made by the Chair of the Association of Southeast Asian Nations on 1 February and 2 March 2021, in which the Chair recalled the purposes and principles of the Charter of the Association, notably the principle of democracy, adherence to the rule of law, good governance, the respect for and protection of human rights and fundamental freedoms, and called upon all parties to exercise utmost restraint and seek a peaceful solution through constructive dialogue and practical reconciliation in the interests of the people and their livelihoods, Expressing deep concern about the arbitrary detention and arrest of President Win Myint, State Counsellor Aung San Suu Kyi, and other government officials and politicians, human rights defenders, journalists, civil society members, foreign experts and others, Strongly condemning the use of lethal force and violence, which has led to injuries and fatalities in many cases, against peaceful demonstrators, as well as members of civil society, women, youth, children and others, expressing deep concern at restrictions on medical personnel, civil society, labour union members, journalists and media workers, and people who protect and promote human rights, and calling for the immediate release of all those detained arbitrarily, Expressing concern for the safety and rights of all foreign nationals in Myanmar, Expressing unequivocal support for the democratic transition in Myanmar and for the need to uphold democratic institutions and processes, refrain from violence and fully respect human rights, fundamental freedoms and the rule of law, Noting in this context the various initiatives, movements and structures aimed at expressing the will of the people for a peaceful and democratic Myanmar, Underlining the need for a long-term peaceful political solution for Myanmar, including a return to its path of democratic transition and national reconciliation through an inclusive and peaceful dialogue between all parties, in accordance with the will and interests of the people of Myanmar, Reaffirming its support for the Special Envoy of the Secretary-General on Myanmar and her efforts to maintain communication and engage constructively with all relevant parties in Myanmar, welcoming her briefing of 26 February 2021, and reiterating its request for continued reporting to the General Assembly as warranted by the situation on the ground, Concerned at the human rights situation of persons belonging to ethnic, religious and other minorities in Myanmar, including the Rohingya Muslim minority, in particular with respect to the violations committed against them and their rights related to citizenship status, and reiterating the responsibility of the Myanmar armed forces to respect the human rights of all persons in Myanmar, Expressing concern that recent developments pose particular serious challenges for the voluntary, safe, dignified and sustainable return of Rohingya refugees and all internally displaced persons, including those displaced since 1 February 2021..."
Source/publisher: United Nations General Assembly (A/75/L.85/Rev.1)
2021-06-14
Date of entry/update: 2021-06-19
Grouping: Individual Documents
Language:
Format : pdf
Size: 199.53 KB
more
Description: Summary: "The present report provides an overview of human rights developments in Myanmar up to 25 August 2017. It builds on previous reports to identify key human rights challenges facing the Government and contains recommendations on the step needed to address them."...Conclusions: "The Special Rapporteur recognizes that development and security are pressing priorities for Myanmar currently. However, she also urges Myanmar to recognize human rights as an equal priority, both because human rights are a lynchpin in ensuring that development and security are realized in a balanced and just way and because steps to guarantee the rights of the people of Myanmar are steps to improve their day-to-day lives. In striving to achieve these three priorities, the United Nations and its partners can, and do, offer vital assistance. The Special Rapporteur is therefore extremely concerned by the increasing anti-United Nations and anti- international non -governmental organization sentiment being built up in some areas of the country, which appears to be going unchallenged. The Government must take active steps to stop incorrect rumours or stories from being spread and to publicly recognize the vital work carried out by these organizations. She recalls, however, that to be a true democratic society, freedom of expression must be guaranteed and any steps should respect this right. In this vein, she encourages the Government to urgently protect freedom of speech and remove the current limitations on this right while ensuring that incitement to hate, into lerance and violence is appropriately dealt with in line with international standards and norms. Myanmar also needs to recognize the indispensable work carried out by civil society organizations and human rights defenders and urgently ensure that they can work freely without fear of reprisals, threats or intimidation. All civilians should be fully protected in all areas of the country, and no allegations of serious human rights violations should be left uninvestigated or dismissed, no matter who the alleged perpetrators. Now, more than ever, Myanmar should enlist the assistance of outside experts to independently, impartially and objectively assess what happened in Rakhine State following the attacks on Border Guard Police facilities on 9 October 2016 a nd the clashes in November 2016 and the continuing reports of killings and other rights violations during related security operations, with the sole emphasis on finding out what exactly happened, so that future incidents can be avoided. Similarly, Myanmar must ensure that the numerous and continuing cases of alleged serious violations of human rights by all parties to the conflict in Shan and Kachin States are impartially and independently investigated. The people of Myanmar also have a right to know the truth, whatever that may be, and this is why the Human Rights Council established a fact-finding mission, and why it would be in the best interest of Myanmar to cooperate fully with it. The Special Rapporteur reiterates that she stands ready to work with Myanmar to ensure that the rights of all are guaranteed.".... Recommendations:...
Creator/author: Yanghee Lee
Source/publisher: United Nations General Assembly (A/72/382)
2017-09-08
Date of entry/update: 2017-10-05
Grouping: Individual Documents
Language: English
Format : htm
Size: 7.76 KB
more
Description: Summary: "The Secretary-General has the honour to present the report of the Special Rapporteur of the Human Rights Council on the situation of human rights in Myanmar, Yanghee Lee, in accordance with General Assembly resolution 70/233. The report provides an overview of human rights developments in Myanmar and sets out key issues to be addressed in order to achieve further progress in human rights in the country.....Conclusions" 92. "The Special Rapporteur welcomes the Government?s commitment to furthering democratic transition, national reconciliation, sustainable development and peace, and the important steps already taken in this regard. However, Myanmar?s young democracy can only progress if human rights are fully integrated into its institutional, legal and policy framework. Building a culture of respect for human rights must be a priority now and in the future. __________________ 40 CEDAW/C/MMR/CO/4-5. A/71/361 22/25 16-14905 93. After the euphoria following the elections, the reality of the wide-ranging challenges facing the new Government has not significantly dampened the sense of hope for change. It will therefore be the key test for this Government to capitalize on its overwhelming public support and current momentum to make progress in human rights priorities and further reforms. 94. Although the new Government has asked the international community to give it time to act, the Special Rapporteur intends to remain constructively engaged in advocating for greater progress on human rights. She will also continue to hold Myanmar accountable to its international human rights obligations. 95. The international community also has a responsibility in this regard. In the rush to forge or strengthen political or economic ties, international actors must continue to prioritize human rights, in business and investment relations and elsewhere. In particular, actors supporting development projects in Myanmar should proactively ensure respect for the rights of affected communities. More broadly, international actors should not undermine human rights priorities by, for instance, remaining silent when confronted with concerns or, at worst, becoming complicit in perpetuating abuses. The international community should remain fully engaged in human rights issues, through continued monitoring, advocacy and other means, and by providing necessary support to the Government and other stakeholders for further democratic reforms in line with international human rights standards. 96. It is vital that all actors work together to ensure that human rights are respected and protected across Myanmar..... VII. Recommendations:...
Creator/author: Yanghee Lee
Source/publisher: United Nations General Assembly (A-71-361)
2016-08-29
Date of entry/update: 2016-10-31
Grouping: Individual Documents
Language: English
Format : pdf
Size: 431.74 KB
more
Description: Summary: "The Secretary-General has the honour to present to the members of the General Assembly the report on the situation of human rights in Myanmar submitted by the Special Rapporteur on the situation of human rights in Myanmar, Yanghee Lee, in accordance with General Assembly resolution 69/248. The present report provides an overview of the main human rights developments in Myanmar since the Special Rapporteur?s report to the Human Rights Council in March 2015. It sets out key issues and priorities that need to be addressed to further the reforms in the area of human rights prior to the November elections and beyond."....26 October 2015-release date; 6 October 2015, editing date
Source/publisher: United Nations General Assembly (A /70/412)
2015-10-26
Date of entry/update: 2015-10-30
Grouping: Individual Documents
Language: English
Format : pdf
Size: 392.66 KB
more
Description: This statement supplements the Special Rapporteur?s written report, A/69/398, of 23 September 2014 - http://www.burmalibrary.org/docs19/2014-UNGA69-SRMreport-en.pdf ..... "...In my report I recognize the important gains made through Myanmar?s reform process to date. I commend the initial reforms that have undoubtedly improved the political, economic, social and human rights landscape in the three years since the establishment of the new Government. Yet, there are signs of possible backtracking which, if not addressed, could undermine Myanmar?s efforts to take its rightful place as a responsible member of the international community that respects and protects human rights. I urge the Government of Myanmar to continue its partnership with the international community to ensure that human rights lie at the foundation of its democratic transition..."
Creator/author: Yanghee Lee
Source/publisher: United Nations General Assembly
2014-10-28
Date of entry/update: 2014-10-31
Grouping: Individual Documents
Language: English
Format : pdf
Size: 59.44 KB
more
Description: These Conclusions and Recommendations were extracted by the Online Burma/Myanmar Library from the report of the Special Rapporteur on the situation of human rights in Myanmar. See the Alternate URL for the full report.
Creator/author: Yanghee Lee
Source/publisher: United Nations (A/69/398) via Online Burma/Myanmar Library
2014-09-23
Date of entry/update: 2014-10-20
Grouping: Individual Documents
Language: English
Format : pdf pdf
Size: 149.98 KB 452.79 KB
more
Description: Summary: "The important transition and far-reaching reforms in Myanmar must be commended. Yet, possible signs of backtracking should be addressed so as not to undermine the progress achieved. The present report sets out the Special Rapporteur?s preliminary key areas of focus and recommendations aimed at contributing to Myanmar?s efforts towards respecting, protecting and promoting human rights and achieving democratization, national reconciliation and development."
Creator/author: Yanghee Lee
Source/publisher: United Nations General Assembly (A/69/398)
2014-09-23
Date of entry/update: 2014-10-16
Grouping: Individual Documents
Language: English
Format : pdf
Size: 452.79 KB
more
Description: Summary: "In the present report, the Special Rapporteur describes how the reforms under way in Myanmar continue to create the prospect of significant improvements in the human rights situation. Important developments during the reporting period include the continuing release of prisoners of conscience; improving respect of the right to freedom of opinion and expression; and progress towards agreement on a national ceasefire. The Special Rapporteur highlights, however, the dangers of glossing over shortcomings in the area of human rights or presuming that these shortcomings will inevitably be addressed through the momentum of current reforms. He warns that, if these shortcomings are not addressed now, they will become increasingly entrenched in areas such as accountability for human rights violations; the rights of ethnic and religious minorities; the rights to peaceful assembly and association; the representation of women in decision-making positions; land rights; and human rights and development. Furthermore, they will eventually undermine the reform process itself if they are not addressed in accordance with international human rights standards. He concludes that the challenge, which has been present since the outset of the reform process, is to achieve a transition from the military mindset that prevails within the Government to a democratic mindset that upholds human rights."
Creator/author: Tomás Ojea Quintana
Source/publisher: United Nations General Assembly (A/68/397)
2013-09-23
Date of entry/update: 2013-10-24
Grouping: Individual Documents
Language: English
Format : pdf
Size: 116.34 KB
more
Description: "...We should all acknowledge and commend the Government of Myanmar for what has been achieved thus far, which I have previously stated has improved the country?s human rights situation. Yet, recent developments highlight that Myanmar continues to grapple with ongoing human rights concerns that could pose risks to the reform process..."
Creator/author: Tomás Ojea Quintana
Source/publisher: United Nations General Assembly (67th session)
2012-10-25
Date of entry/update: 2012-11-01
Grouping: Individual Documents
Language: English
Format : pdf
Size: 99.51 KB
more
Description: Summary: "The reporting period has again seen dramatic and accelerated changes in Myanmar, which can further improve the country?s human rights situation, but also the persistence of long-standing concerns that continue to pose risks to the reform process".....Contents: I. Introduction ... II. Human rights situation: A. Prisoners of conscience; B. Conditions of detention and treatment of prisoners; C. Other issues relating to civil and political rights; D. Civil society; E. Economic, social and cultural rights... III. Situation of ethnic minorities... IV. Situation in Rakhine State... V. Democratic transition and establishing the rule of law... VI. Truth, justice and accountability... VII. Conclusions... VIII. Recommendations.
Source/publisher: United Nations General Assembly (A/67/383
2012-09-25
Date of entry/update: 2012-10-22
Grouping: Individual Documents
Language: English
Format : pdf
Size: 110.52 KB
more
Description: Summary: "This is a key moment in Myanmar?s history and there are real opportunities for positive and meaningful developments to improve the human rights situation and deepen the transition to democracy. The new Government has taken a number of steps towards these ends. Yet, many serious human rights issues remain and they need to be addressed. The new Government should intensify its efforts to implement its own commitments and to fulfil its international human rights obligations. The international community needs to continue to remain engaged and to closely follow developments. The international community also needs to support and assist the Government during this important time. The Special Rapporteur reaffirms his willingness to work constructively and cooperatively with Myanmar to improve the human rights situation of its people."
Creator/author: Tomás Ojea Quintana
Source/publisher: United Nations (A/66/365)
2011-09-16
Date of entry/update: 2011-10-20
Grouping: Individual Documents
Language: English
Format : pdf
Size: 118.19 KB
more
Description: Summary: "... In the past two years, the reform process proposed in the ?seven-point road map for national reconciliation and democratic transition”, which was meant to become eventually open to various relevant actors, has been strictly limited and delineated. As a result, the political space has been redefined in narrower terms. In addition, obstructions in the past couple of years have held back the pace and inclusive nature of the reforms which were required for democratization. The work of the National Convention has been adversely affected by this evolution. Through the decades, the space for the establishment of civilian and democratic institutions has been seriously curtailed. The capacity of law enforcement institutions and the independence and impartiality of the judiciary have been hampered by sustained practices of impunity. This situation has contributed to reinforce inequality and increased the gap between the poorest and the richest. On 27 May 2006, the house arrest of Aung Sang Suu Kyi was further prolonged by 12 months in spite of various international appeals, including by the Secretary- General of the United Nations. As at the end of August 2006, the number of political prisoners was estimated at 1,185. From April to July 2006, 1,038 members of the National League for Democracy were reportedly forced to resign from the party following intimidation and threats. The Special Rapporteur has consistently indicated that national reconciliation requires meaningful and inclusive dialogue with and between political representatives. He firmly believes that the national reconciliation and the stability of Myanmar are not well served by the arrest and detention of several political leaders or by the severe and sustained restrictions on fundamental freedoms. The persecution of members of political parties in the opposition and human rights defenders shows that nowadays the road map for democracy faces too many obstacles to bring a genuine transition. In the past, the Special Rapporteur acknowledged that the road map could play a positive role in the political transition. Sadly, the positive momentum in the early years of his mandate is apparently stalled. The Special Rapporteur remains particularly concerned about the continuing impunity, which has become systematic and must be urgently addressed by the Government of Myanmar. It has become increasingly clear that the persistent A/61/369 06-53070 3 impunity does not only stem from a lack of institutional capacity. Impunity has allowed accountability to be avoided for acts that have oppressed voices questioning existing policies and practices. Several individuals and groups responsible for committing serious violations of human rights, in particular members of the military, have not been prosecuted. There is also little evidence that these serious crimes have been investigated by relevant authorities. Grave human rights violations are received among the established structures of the State Peace and Development Council and indulged not only with impunity but authorized by the sanction of laws. In that respect, the Special Rapporteur is also very concerned by the continued misuse of the legal system, which denies the rule of law and represents a major obstacle for securing the effective and meaningful exercise of fundamental freedoms by citizens. He considers especially as a matter of grave concern the criminalization of the exercise of fundamental freedoms by political opponents, human rights defenders and victims of human rights abuses. The Special Rapporteur is very concerned by the ongoing military campaign in ethnic areas of eastern Myanmar and by its effects on human rights, especially on civilians who have been targeted during the attacks. The situation should be considered in connection with the widespread practice of land confiscation throughout the country, seemingly aiming to anchor military control, especially in ethnic areas. Such a practice has led to numerous forced evictions, relocations and resettlements, situations of forced migration and internal displacement. Given the scale of the current military campaign, the situation may lead to a humanitarian crisis if it is not addressed immediately. The Special Rapporteur takes note of the recent vote of the Security Council on 15 September 2006 to include Myanmar in its agenda. He believes that a forthcoming debate of the Council on Myanmar may offer an opportunity to speed up the process of transition towards democracy."....N.B. CORR. I
Creator/author: Sr. Paulo Sergio Pinheiro
Source/publisher: United Nations (A/61/369)
2006-09-21
Date of entry/update: 2011-01-04
Grouping: Individual Documents
Language: English
Format : pdf
Size: 87.59 KB
more
Description: General Assembly, Fifty-first session. The Secretary-General has the honour to transmit to the members of the General Assembly the interim report on the situation of human rights in Myanmar, prepared by Judge Rajsoomer Lallah, Special Rapporteur of the Commission on Human Rights, in accordance with Commission resolution 1996/80 of 23 April 1996.
Creator/author: Mr. Rajsoomer Lallah
Source/publisher: United Nations (A/51/466)
1996-11-08
Date of entry/update: 2010-11-22
Grouping: Individual Documents
Language: English
more
Description: Summary: "The present report is submitted pursuant to Human Rights Council resolution 13/25 and General Assembly resolution 64/238 and covers human rights developments in Myanmar since the Special Rapporteur?s report to the Human Rights Council in March 2010 (A/HRC/13/48). On 13 August 2010, the Government of Myanmar announced the long-awaited date for national elections for 7 November 2010. The present report focuses on human rights in relation to elections, and the issue of justice and accountability. Conditions for genuine elections are limited under the current circumstances, and the potential for these elections to bring meaningful change and improvement to the human rights situation in Myanmar remains uncertain. Regarding the issue of justice and accountability, the Special Rapporteur notes that while it is foremost the responsibility of the Government of Myanmar to address the problem of gross and systematic human rights violations by all parties, that responsibility falls to the international community if the Government fails to assume it. The Special Rapporteur recommends that the Government of Myanmar respect freedom of expression and opinion and freedom of assembly and association in the context of the national elections; release all prisoners of conscience; address justice and accountability; implement the four core human rights elements, as detailed in his previous reports; and facilitate access for humanitarian assistance and continue developing cooperation with the international human rights system."
Source/publisher: United Nations General Assembly (A/65/368)
2010-09-15
Date of entry/update: 2010-10-21
Grouping: Individual Documents
Language: English (also available in Arabic, Chinese, French, Russian and Spanish)
Format : pdf
Size: 172.49 KB
more
Description: Summary: "The present report is submitted pursuant to General Assembly resolution 63/245 and Human Rights Council resolution 10/27. It should be read in conjunction with the report of the Special Rapporteur to the Human Rights Council at its tenth session (A/HRC/10/19), since it focuses mainly on the human rights developments in Myanmar since that report. The trial of Aung San Suu Kyi was the most significant event of the period under review. The additional 18-month house arrest bars her from actively participating in the 2010 elections. The Special Rapporteur considers that the continuation of her house arrest is a blow to the Government?s seven-step road map to democracy and regrets that the Government of Myanmar missed another opportunity to prove its commitment to hold inclusive, free and fair elections. The report concentrates on human rights protection issues. In particular, it highlights the situation of prisoners of conscience, their right to a fair trial and due process of law and conditions of their detention; as well as freedom of expression, assembly and association in the context of the upcoming elections in 2010. It continues with a review of internal conflicts, the protection of civilians, discrimination and the need for humanitarian assistance. The Special Rapporteur reiterates his recommendation of four core human rights elements: a review of national legislation in accordance with the new Constitution and international obligations; the progressive release of prisoners of conscience; the reform of the armed forces to ensure respect for international human rights and humanitarian law, including training; and the establishment of an independent and impartial judiciary. Since Myanmar is party only to the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women, the Special Rapporteur strongly recommends that it accede to the other core international human rights instruments."
Source/publisher: United Nations (A/64/318)
2009-09-24
Date of entry/update: 2009-10-10
Grouping: Individual Documents
Language: English
Format : pdf
Size: 108.15 KB
more
Description: Summary: "In its resolution 1992/58, the Commission on Human Rights established the mandate on the situation of human rights in Myanmar, which was then extended by the Human Rights Council in its decision 1/102 and resolution 5/1. In March 2008, by its resolution 7/32, the Council extended the mandate for one year. On 26 March 2008, Tomás Ojea Quintana (Argentina) was appointed as the new Special Rapporteur, and he officially assumed the function on 1 May 2008. Following a request for a visit from 3 to 13 August 2008, on 9 July the Special Rapporteur received a positive response from the Government of Myanmar to undertake a mission to that country from 3 to 7 August 2008. The Special Rapporteur would like to thank the Government of Myanmar for its hospitality and the cooperation he received during his first mission to the country. This visit was mainly aimed at establishing working relations with the authorities, to meet with civil society and also with those who do not enjoy their fundamental rights. The programme of the visit is annexed to the report. The present report is submitted pursuant to General Assembly resolution 62/222. The first part focuses on the activities and programme of work of the Special Rapporteur. The second part of the report concentrates on substantive issues and elaborates on those related to the protection of human rights in the context of the new Constitution; and the question of participation in the democratic process and organization of the 2010 elections; the right to assembly and right to freedom of opinion and expression and their formulation in the new Constitution; and the question of international humanitarian law and protection of civilians, as well as the situation of specific groups such as ethnic groups, women and children. The Special Rapporteur further elaborates on the mechanisms in place to ensure maximum protection in the context of natural disaster cyclone Nargis, and the living conditions, sustenance and its human rights implications. Finally, the Special Rapporteur discusses developments that have taken place in international cooperation and that relate to human rights issues pertinent to his mandate and the environment for a strengthened cooperation on the promotion and protection of human rights in the country. In his recommendations, the Special Rapporteur includes four core human rights elements for paving the road to democracy in Myanmar."
Creator/author: Tomás Ojea Quintana
Source/publisher: United Nations (A/63/341)
2008-09-05
Date of entry/update: 2008-10-31
Grouping: Individual Documents
Language: English
Format : pdf
Size: 102.21 KB
more
Description: Statement by Mr. Paulo Sergio Pinheiro Special Rapporteur on the situation of human rights in Myanmar... 62nd session of the General Assembly, Third Committee, Item 70 (c)... 24 October 2007 New York..."Since the submission of my report, tragic events have been taking place in Myanmar since 15 August 2007 when the Government of Myanmar increased the retail price of fuel by up to 500 per cent. This decision, which was made without advance warning, has drastically affected the livelihoods of the people of Myanmar. The population, who has seen for the last years its standards of living curtailed, reacted to this state of affairs by staging a number of peaceful protests starting on 19 August, which culminated in large demonstrations from 18 September to 30 September, led by Buddhist monks with the participation of the 88 generation students, NLD parliamentarians, religious minorities and citizen, including women and children, as well as government officials. From 26 to 28 September, the security forces repressed peaceful demonstrators with the use of excessive force including shootings and severe beatings. As a result, people have been killed and thousands of them have been arrested. Many people remain still detained and I continue received alarming reports of death in custody, torture and disappearances. At the time of speaking, I have been able to verify, through different independent and reliable sources, allegations of the use excessive force by the security forces including live ammunitions, rubber bullets, teargas, bamboo and wood sticks, rubber batons and catapults (slingshots). This largely explains the killings and the severe injuries reported. The use of non-law enforcement officials and non-State armed groups alongside the security forces, including members' of the Union Solidarity and Development Association (USDA) as well as militia (Swan Ah Shin), is also of very serious concern..."
Creator/author: Sergio Paulo Pinheiro
Source/publisher: United Nations
2007-10-24
Date of entry/update: 2007-10-30
Grouping: Individual Documents
Language: English
Format : pdf
Size: 146.79 KB
more
Description: Summary: "The present report is submitted in accordance with General Assembly resolution 61/232. The Special Rapporteur welcomes the decision of the Government of Myanmar to reconvene the National Convention for its last session on 18 July 2007, to finish laying down principles for a new constitution as part of a seven-stage road map to democracy. He remains concerned, however, at the lack of opportunity for effective and genuine participation by the National League for Democracy (NLD) and ethnic groups, which have deliberately chosen not to participate owing to the lack of transparency and meaningful input. He has repeated on several occasions that there will be no authentic democratic transition in Myanmar until all political prisoners are released. Given the importance of the last phase of the National Convention, he deplores the extension of the house arrest of the NLD General Secretary and the continued detention of other political leaders. At a time of such importance to the political reform process and in view of the need for reconciliation, such severe treatment of senior ethnic nationality leaders sends a very counterproductive signal, shocking many citizens and human rights observers. The human rights concerns enumerated in the present report are largely very similar to those highlighted by the Special Rapporteur last year. The Special Rapporteur deplores the fact that the Government, despite several requests, has not invited him to visit the country. For this reason he was not able to assess any improvements or verify the accuracy of the allegations received from credible sources. Severe restrictions on fundamental freedoms are imposed on political activists and human rights defenders. As of 27 June 2007, the number of political prisoners was estimated at 1,192. Throughout the country communities are subjected to patterns of abuse by members of the military who, in order to assert greater central government control, and often to implement national development projects, resort to forced labour, the seizure of property and assets and the forced relocation of populations, particularly in the border areas where ethnic nationality groups reside. The lack of an effective commitment by the Government of Myanmar to respond to the human rights situation continues to raise serious concerns. At the national level, the capacity of law enforcement institutions and the independence and impartiality of the judiciary have been hindered by sustained impunity. The restrictions on the exercise of fundamental freedoms by political opponents, human rights defenders and victims of human rights abuses is also a matter of concern. The Special Rapporteur also takes note with great satisfaction of the Understanding between the International Labour Organizations and the Government of Myanmar, concluded on 26 February 2007, to provide a mechanism to enable victims of forced labour to seek redress. The Special Rapporteur has also noted concrete developments which he considers to be significant milestones in the fight against impunity in Myanmar. These include the establishment of a national redress mechanism to receive complaints of forced labour, and the dialogue initiated by the Special Representative of the Secretary-General for Children and Armed Conflict with the Government regarding the development of an action plan to halt recruitment of child soldiers and to develop reintegration programmes and the setting up of a national mechanism to report on human rights violations committed against children during armed conflict. These mechanisms should lead to greater access to currently restricted areas for the provision of humanitarian assistance, as well as the monitoring of violations. The Special Rapporteur is convinced that Myanmar would benefit from more active cooperation with his mandate, now under terms of reference that have been redefined by the Human Rights Council. He insists that it is his obligation to go public about allegations of human rights violations, but that this does not exclude a constructive and continuous dialogue with the Government. These two elements of his mandate can contribute to a new dynamic for the improvement of the situation of human rights in the country. As indicated by the Special Rapporteur in his previous report, it will not be easy for Myanmar to promote political transition and basic human rights. The collaboration of the United Nations and the international community are essential to support the efforts of the Government and civil society. In his recommendations, the Special Rapporteur encourages the international community to promote a framework of principles to enable Member States to pursue a plurality of strategies and cooperation with the Government of Myanmar in accordance with their particular strengths and capacities. It is urgent that the international community build on existing programmes of humanitarian assistance and support health, education and human rights, in particular through support to the development of civil society..." N.B. this report was written before the recent events in the country. The Special Rapporteur is expected to address the Third Committee of the General Assembly on the afternoon of 24 October 2007, when he will no doubt talk about the crackdown - OBL.
Creator/author: Paulo Sergio Pinheiro
Source/publisher: United Nations (A/62/223)
2007-08-13
Date of entry/update: 2007-10-16
Grouping: Individual Documents
Language: English
Format : pdf
Size: 89.91 KB
more
Creator/author: Sr.Paolo Sergio Pinheiro
Source/publisher: United Nations
2006-10-20
Date of entry/update: 2006-10-23
Grouping: Individual Documents
Language: English
Format : pdf
Size: 97.07 KB
more
Description: "...Throughout my mandate as Special Rapporteur I have received many reports, documenting violations of the Government's pledge to democratic reform and respect for human rights. I have attempted on many occasions, through different means, to be allowed to visit the country in order to verify those reports. The Government of Myanmar has not given me the opportunity to do so. In this way the Government is renouncing to have its views and policies reflected in my report..." In his oral delivery, though not included in the present text, the Special Rapporteur referred to the case of Su Su Nway as an example of regime?s harsh crackdown on human rights defenders and lack of cooperation with the ILO. This will be included in a later version if it becomes available.
Creator/author: Mr. Paulo Sergio Pinheiro
Source/publisher: United Nations
2005-10-27
Date of entry/update: 2005-10-27
Grouping: Individual Documents
Language: English
Format : pdf
Size: 37.29 KB
more
Description: Summary: "The mandate of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar was established by the Commission in its resolution 1992/58 and extended most recently in resolution 2005/10. In that resolution, the Commission requested the Special Rapporteur to report to the General Assembly at its sixtieth session and to the Commission at its sixty-second session. The present report is submitted further to that request and is based on information received by the Special Rapporteur up to 22 July 2005. It is to be read in conjunction with his last report to the Commission (E/CN.4/2005/36). The Special Rapporteur has not been permitted to conduct a fact-finding mission to Myanmar since November 2003. While he has not been granted access to the country during the period covered by the present report, he has continued to fulfil his mandate to the best of his ability based on information collected from a variety of independent and reliable sources. The National Convention was reconvened from 17 February to 31 March 2005 without the involvement of a number of political parties, including the National League for Democracy (NLD). The invited delegates were selected from the same eight categories as for the previous Convention: political parties, representativeselect, national races, peasants, workers, intellectuals and intelligentsia, State service personnel and ceasefire groups. According to the National Convention Convening Commission, 1,073 out of the 1,081 delegates invited attended the meeting. The exclusion of important and representative political actors from the process, the restrictions placed on their involvement, the intolerance of critical voices and the intimidation and detention of pro-democracy activists render any notion of a democratic process devoid of meaning. Freedom of movement, assembly and association must be guaranteed, as they are basic requirements for national reconciliation and democratization. The Special Rapporteur firmly believes that if the inherent procedural restrictions are not amended and the representatives of the democratic opposition are not involved in the National Convention, any constitution that emerges will lack credibility. Placing the procedural arrangements that govern the National Convention on a sound democratic footing would allow for the full inclusion and involvement of all political parties and true progress to be made in the democratization process. The Government can and should take immediate steps to salvage the National Convention and its credibility both at home and internationally. The question of defining who will draft the constitution is one of the most relevant issues in the current political process. Furthermore, there is at present no clear indication of the rules for the adoption of the constitution through a national referendum. The Special Rapporteur regrets to note that the information received demonstrates that the situation regarding the exercise of fundamental rights and freedoms has not substantially changed during the reporting period. He constantly receives reports of restrictions and violations of basic rights and freedoms. There reportedly remain over 1,100 political prisoners in Myanmar. The release of 249 political prisoners on 6 July 2005 was tempered by the continuation of the arrests, detention and harsh sentences meted out to civilians and democracy advocates for peaceful political activities. The Special Rapporteur remains very concerned at the practice of administrative detention. It is deeply regrettable that NLD General-Secretary Daw Aung San Suu Kyi celebrated her sixtieth birthday under house arrest. Her virtual solitary confinement and lack of access to NLD colleagues run counter to the spirit of national reconciliation. The Special Rapporteur is encouraged that HIV/AIDS prevention and treatment activities have increased, but remains very concerned that HIV/AIDS has become a generalized epidemic in Myanmar. While the Government continues to work on a national plan of action for children, it has yet to ratify the two Optional Protocols on the Convention on the Rights of the Child. Serious human rights violations continue to be perpetrated against Myanmar?s ethnic minority communities. Widespread reports of forced labour, rape and other sexual violence, extortion and expropriation by Government forces continue to be received. Victims of violations rarely have recourse to redress. The transition to a full, participatory and democratic system in Myanmar can no longer be postponed. Political and constitutional dialogue must begin without delay. By instituting values of democracy and human rights, the Government will send a clear signal to the people of Myanmar and the international community that it is actively committed to facilitating the creation of a stable and democratic future for the country. The United Nations and the international community stand ready to work in partnership with the Government, the political parties and civil society organizations, to effectively facilitate national reconciliation and the transition to democracy. By strengthening its cooperation with international organizations, the Government can be assured of support for conflict resolution, political and economic reform, institution- and capacity-building, humanitarian assistance and human development."
Source/publisher: United Nations (A/60/221)
2005-08-12
Date of entry/update: 2005-09-27
Grouping: Individual Documents
Language: English
Format : pdf
Size: 109.86 KB
more
Description: Statement by Mr. Paulo Sérgio Pinheiro, Special Rapporteur on the situation of human rights in Myanmar 59th Session of the General Assembly, New York, 28 October 2004.
Creator/author: Paulo Sergio Pinheiro
Source/publisher: United Nations
2004-10-28
Date of entry/update: 2004-11-04
Grouping: Individual Documents
Format : htm doc
Size: 45.46 KB 46.5 KB
more
Description: Summary: The mandate of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar was established by the Commission in its resolution 1992/58 and extended most recently in resolution 2004/61. In that resolution, the Commission requested the Special Rapporteur to submit an interim report to the General Assembly at its fifty-ninth session. The present interim report is based upon information received by the Special Rapporteur up to 30 July 2004 and is to be read in conjunction with his last report to the Commission (E/CN.4/2004/33). Since his last mission to Myanmar in November 2003 the Special Rapporteur has requested from the Government of Myanmar on several occasions its cooperation in returning to the country for a fact-finding mission. However, in spite of the indication of agreement in principle to the Special Rapporteur?s visit, no authorization to visit was received. The Special Rapporteur therefore provides in the present report short updates on the issues he examined during his last visit, based on information collected from other sources. The Special Rapporteur will continue seeking access to Myanmar so as to more fully discharge his mandate. The National Convention was reconvened from 17 May to 9 July 2004. Reviving the National Convention constitutes the first step under the seven-point road map for national reconciliation and democratic transition presented by the Prime Minister, General Khin Nyunt, on 30 August 2003. It was announced by the authorities that the delegates to the new National Convention were expected to frame their suggestions in the context of the six objectives and the 104 principles already laid down during the 1993-1996 Convention. The National Convention was reconvened without the involvement of the National League for Democracy (NLD) and other political parties that won the majority of seats in the 1990 elections. It was attended by 1,076 delegates, compared with the 702 participants at the previous Convention. This increase was largely made up of representatives of ethnic nationalities, including ceasefire groups that emerged in the new political environment created as a result of ceasefire agreements with 17 former armed groups. In terms of potential for conflict resolution, the 2004 National Convention may thus be a unique opportunity for ethnic minorities. The Special Rapporteur notes that the concerns regarding the National Convention process that he expressed in his last report to the Commission have not been addressed and that the necessary steps to ensure minimum democratic conditions for the reconvening of the National Convention have not been taken. The Special Rapporteur reiterates that if the Government wishes to promote a genuine process of political transition, fundamental human rights requirements have to be fulfilled. The Special Rapporteur nevertheless hopes that the final outcome of the National Convention will bring some concrete solutions to the concerns of the entire population of Myanmar. Releasing Daw Aung San Suu Kyi and beginning a substantive dialogue with her and her party, as well as reaching an agreement with ceasefire groups that takes into account their suggestions would contribute to the advancement of the political process. In this respect, the Special Rapporteur appeals to the Government of Myanmar to recognize the role of the Special Envoy of the Secretary-General and the necessity of his return to the country as soon as possible to continue his facilitation efforts, in particular in the context of preparations for the next session of the National Convention. The information received by the Special Rapporteur during the reporting period indicates that the situation with regard to the exercise of basic human rights and fundamental freedoms in Myanmar has not substantially changed. The effects of the events of 30 May 2003 in Depayin have yet to be fully reversed. There remain large numbers of security detainees. The Special Rapporteur has received several reports of continuing arrests and harsh sentences for peaceful political activities; many of the reported cases were raised by the Special Rapporteur in his letters and urgent appeals addressed to the Government of Myanmar. The Special Rapporteur also remains concerned at the practice of administrative detention. There are still restrictions on political activity, with all NLD party offices remaining shut, except for its headquarters in Yangon which was allowed to reopen in April 2004. Despite the restrictions in place, according to recent reports, NLD has been able to conduct some activities. While the extent to which NLD and other political parties will be allowed to conduct peaceful political activities without reprisals remains to be seen, the Special Rapporteur would like to reiterate the view, expressed during his last mission in November, that the implementation of the road map must be accompanied by tangible changes on the ground towards a genuinely free, transparent and inclusive process involving all political parties, ethnic nationalities and members of civil society. Political rights and freedoms must be respected in order to create an enabling environment conducive to a successful democratic transition. The implementation of human rights reforms proposed in his reports and letters to the Myanmar authorities would help create such an environment. During the reporting period, the Special Rapporteur has received credible and detailed reports of human rights violations in certain counter-insurgency areas in Myanmar and hopes that he will be able to clarify those reports during his next mission. He recalls that his request for an independent assessment in Shan State has not yet been answered by the Myanmar authorities. The Special Rapporteur has taken note of the cooperation by the Government of Myanmar with the Committee on the Rights of the Child in the consideration of the second periodic report of Myanmar on the implementation of the Convention on the Rights of the Child. The Special Rapporteur believes that there has been growing appreciation in recent years by the international community of an imperative for humanitarian assistance in Myanmar. In this regard, he welcomes the efforts of the United Nations Country Team in mapping out vulnerabilities in Myanmar with a view to developing a strategic framework for United Nations assistance. In view of the prevailing situation in Myanmar, the conclusions and recommendations given in the previous reports of the Special Rapporteur remain valid.
Source/publisher: United Nations (A/59/311)
2004-08-30
Date of entry/update: 2004-09-28
Grouping: Individual Documents
Language: English
Format : pdf
Size: 72.16 KB
Local URL:
more
Description: Statement by Mr. Paolo Sergio Pinheiro, Special Rapporteur on the situation of human rights in Myanmar... 58th Session of the General Assembly. Third Committee, Item 117 (c)...The main URL contains the longer version of the Special Rapporteur's statement which was distributed to the 3rd Committee. What was actually read out was shorter, due to time constraints. This short version, with the following interactive debate, including the statement of the Myanmar Ambassador, is accessible online on video at the URL given below. The Press Release contains a summary of the statement and the debate.
Source/publisher: United Nations
2003-11-12
Date of entry/update: 2003-11-13
Grouping: Individual Documents
Language: English
Format : htm htm
Size: 37.52 KB 20.85 KB
more
Description: This report contains very firm criticism of the SPDC for the crackdown on the NLD and in particular the 30 May attack on an NLD convoy when a number of NLD supporters were killed and others, including Daw Aung San Suu Kyi, were detained. He considers that these actions have set back the dialogue process, perhaps terminally. The report also contains a section entitled "Research on the human rights situation in ethnic areas of Myanmar" with paragraphs on: Forced relocations; Confiscation of land and property, Forced labour and portering, Torture, arbitrary detention and extrajudicial killings or executions; Rape; Arbitrary taxation and extortion; Use of landmines; and Violations by other armed groups.
Creator/author: Professor Paolo Sergio Pinheiro
Source/publisher: United Nations (A/58/219)
2003-08-05
Date of entry/update: 2003-09-12
Grouping: Individual Documents
Language: English
Format : pdf htm
Size: 142.23 KB 91.39 KB
more
Description: Forty-seventh session Agenda item 97 (c) "...n 3 March 1992, at its forty-eighth session, the Commission on Human Rights adopted resolution 1992/58, entitled "Situation of human rights in Myanmar". In that resolution, the Commission noted that in accordance with the 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"; noted also with particular concern in that regard that the electoral process initiated in Myanmar by the general elections of 27 May 1990 had not yet reached its conclusion, that no apparent progress had been made in giving effect to the political will of the people of Myanmar, as expressed in the elections..."
Creator/author: Mr. Yozo Yokota
Source/publisher: United Nations (A/47/651)
1992-11-13
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
Format : pdf htm
Size: 1.85 MB 116.86 KB
more
Description: General Assembly, Fifty-second session. The Secretary-General has the honour to transmit to the members of the General Assembly the interim report on the situation of human rights in Myanmar, prepared by Mr. Rajsoomer Lallah, Special Rapporteur of the Commission on Human Rights, in accordance with General Assembly resolution 51/117 of 12 December 1996 and Economic and Social Council decision 1997/272 of 22 July 1997. Good section on citizenship and citizenship legislation (paras 119-142), mainly relating to the Rohingyas, a Muslim group in Rakhine (Arakan) state; statelessness and the conformity of the different forms of citizenship [in Burma] with international norms. Also, the rights pertaining to democratic governance, the right to form and join trade unions, forced labour, violations against ethnic minorities, including violations of civil rights.
Creator/author: Mr. Rajsoomer Lallah
Source/publisher: United Nations (A/52/484)
1997-10-16
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
more
Description: Statement by Mr. Paolo Sergio Pinheiro, Special Rapporteur on the Situation of Human Rights in Myanmar. 56th Session of the General Assembly. Third Committee, Item 119. New York, 9 November 2001. "I have the honour to present my first report which refers to my activities and developments relating to the situation of human rights in Myanmar between 1 January and 14 August 2001. I would also like to share a few preliminary observations from my first fact-finding mission to Myanmar from 9 to 17 October 2001..."
Creator/author: Mr. Paolo Sergio Pinheiro
Source/publisher: United Nations
2001-11-09
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
Format : htm
Size: 27.97 KB
more
Description: Statement by Mr. Paulo Sergio Pinheiro Special Rapporteur on the Situation of Human Rights in Myanmar. 57th Session of the General Assembly, Third Committee, Item 119. New York, 6 November 2002.
Creator/author: Sr. Paulo Sergio Pinheiro
2002-11-06
Date of entry/update: 2003-06-03
Grouping: Individual Documents
Language: English
Format : htm
Size: 43.45 KB
Local URL:
more