Report of the Secretary-General on the Situation of = human rights

From: Subject: Report of the Secretary-General on the Situation of human rights Date: Thu, 29 Nov 2007 14:33:37 +0700 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_003F_01C83294.D3D5EC60" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.2180 This is a multi-part message in MIME format. ------=_NextPart_000_003F_01C83294.D3D5EC60 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/7ded6ad9d7d9e6888025667a002fdd92?Opendocument Report of the Secretary-General on the Situation of = human rights

Distr.
GENERAL

A/52/587
10 November 1997

Original: ENGLISH =

Fifty-second session
Agenda item=20 112 (c)

HUMAN RIGHTS QUESTIONS: HUMAN RIGHTS SITUATIONS = AND=20 REPORTS
OF SPECIAL RAPPORTEURS AND REPRESENTATIVES

Situation=20 of human rights in Myanmar=20

Report of=20 the Secretary-General=20

I. INTRODUCTION

1. The present report is submitted = pursuant to=20 General Assembly resolution 51/117 of 12 December 1996, entitled = "Situation of=20 human rights in Myanmar", in which the Assembly requested me to continue = my=20 discussions with the Government of Myanmar in order to assist in the=20 implementation of the resolution and in its efforts for national = reconciliation,=20 and to report to the Assembly at its fifty-second session and to the = Commission=20 on Human Rights at its fifty-third session.

2. As I have = indicated in=20 previous reports, I consider the role entrusted to me by the General = Assembly,=20 and reaffirmed by the Commission on Human Rights, as being essentially = one of=20 good offices, in contrast to the fact-finding mandate assigned by the = Commission=20 to the Special Rapporteur.

3. Following the adoption of = resolution=20 51/117, the Permanent Representative of Myanmar to the United Nations = was asked=20 in January 1997 to convey to his Government a proposal that the Director = of the=20 East Asia and the Pacific Division, Mr. Francesc Vendrell, undertake a = visit to=20 Myanmar as part of his routine consultations with the countries of the = region,=20 and to lay the groundwork for a subsequent visit to Yangon by my Envoy. = During=20 the visit, which took place from 17 to 21 February, Mr. Vendrell held=20 consultations with the Minister for Foreign Affairs, U Ohn Gyaw, the = Minister=20 for Progress of Border Areas and National Races and Development Affairs, = Lt.-Gen. Maung Thint, the Minister for Cooperatives and General = Secretary of the=20 Union Solidarity and Development Association (USDA), U Ko Lay, the Chief = Justice=20 and Chairman of the Work Committee of the National Convention Convening=20 Committee, U Aung Toe and other authorities. He also held consultations = with=20 leaders of political parties, namely, the National League for Democracy = (NLD),=20 including its General Secretary, Daw Aung San Suu Kyi, the National = Unity Party=20 (NUP) and the Shan Nationalities League for Democracy (SNLD).

4. = During=20 his stay, Mr. Vendrell raised with the Myanmar authorities the = desirability of=20 more regular visits to Myanmar by my representatives under formulae that = would=20 enable them to meet with any political leader they considered = appropriate, thus=20 obviating the contentiousness that such visits had provoked in the past = and=20 which had kept my representatives from going to Myanmar in the course of = 1996.=20

5. The visit paved the way for a subsequent one from 7 to 10 May = 1997 by=20 my Envoy, Mr. Alvaro de Soto, Assistant Secretary-General for Political = Affairs.=20 In Yangon he held consultations with Secretary-1 of the State Law and = Order=20 Restoration Council, Lt.-Gen. Khin Nyunt, Foreign Minister U Ohn = Gyaw and=20 Chief Justice U Aung Toe, as well as with other authorities from various = ministries and services. Subsequently he held meetings with leaders of = political=20 parties, namely, the NLD, including its General Secretary=20 Daw Aung San Suu Kyi, the NUP and the SNLD. =

6. I=20 myself had the opportunity of discussing the situation in Myanmar with = Foreign=20 Minister U Ohn Gyaw when I received him on 27 June on the occasion of = the=20 special session of the General Assembly on Agenda 21. Subsequent to that = meeting, a further round of talks took place in New York on 1 October = between=20 the Minister for Foreign Affairs and my Envoy.

II.=20 DISCUSSIONS WITH THE GOVERNMENT OF MYANMAR

7. The discussions that my = representatives and I=20 held with the Minister for Foreign Affairs and other Myanmar authorities = covered=20 the main issues repeatedly stressed by the General Assembly, in = particular the=20 holding of a substantive political dialogue between the Government and = Daw Aung=20 San Suu Kyi and other political leaders and representatives of ethnic = groups;=20 the composition and timing of the proceedings in the National = Convention; the=20 situation of the Karens and other ethnic groups; restrictions on the = normal=20 functioning of political parties, the NLD in particular, and other = political=20 freedoms; access by the International Committee of the Red Cross to = prisons and=20 other places of detention; and the desirability of an early visit by the = Special=20 Rapporteur so that he would be in a position to provide the General = Assembly=20 with objective, first-hand information about the human rights situation = in the=20 country.

8. On the question of opening a substantive political = dialogue=20 with the NLD and Daw Aung San Suu Kyi, the Myanmar authorities = reiterated their=20 position that such a dialogue was only possible within the framework of = the=20 National Convention from which the NLD had withdrawn and subsequently = been=20 expelled, and that the State Law and Order Restoration Council accorded = greater=20 priority to talks with the national races and the resolution of the = various=20 insurgencies that had plagued the country since independence. At the = meeting in=20 October with my Envoy, the Foreign Minister reported that Secretary-1 = had met in=20 July with the Chairman of the NLD, U Aung Shwe, and two members of its = Central=20 Executive Committee. Another meeting with U Aung Shwe had been proposed = in=20 September but did not take place because the NLD considered that its = Chairman=20 should be accompanied by Daw Aung San Suu Kyi in her capacity as General = Secretary of the party, something the Government could not agree to = because it=20 did not recognize her position within the NLD. The NLD, which continues = to=20 report incidents of harassment, arrests and imprisonment of its members, = has=20 reiterated its willingness to engage in a political dialogue without=20 preconditions, but has declared that, in accordance with the principles = laid=20 down by the NLD's elected representatives and organizational committees, = party=20 matters must be handled jointly by the Chairman and the General = Secretary.=20 Neither the Government nor the NLD considers that the contacts to date = between=20 them amount to the start of a political dialogue. The Minister suggested = in=20 October that contacts with the NLD might be held in stages, leaving open = the=20 possibility that they might lead to discussions on substantive matters. = More=20 recently, the NLD was able at the end of September to hold a party = congress,=20 reportedly attended by 700 participants, the Foreign Minister stating = that party=20 gatherings could be held as long as permission was given and that the = gatherings=20 took place in accordance with Myanmar laws. There have, however, been = reports of=20 continued restrictions on the functioning of the NLD on previous and = subsequent=20 occasions.

9. Regarding the National Convention, the Myanmar = authorities=20 explained that it had not met since March 1996 because the = constitutional=20 chapter to be considered next dealt with the key issue of power-sharing = between=20 the central Government and the states, divisions and future = self-administered=20 areas and zones. This required extensive discussions and a consensus = with the=20 national races needed to be built. (Representatives of political parties = and=20 national races, though, said that they were not aware of such = discussions taking=20 place.) There continued to be, however, frequent meetings of the = National=20 Convention Convening Committee. The Foreign Minister was thus not in a = position=20 to give a time-frame for the resumption of the Convention, but = reiterated that=20 the Government's goal was the establishment of a constitutional and = multi-party=20 system. Inquiries revealed no indication by the authorities that they = might be=20 considering changes in the composition and procedures of the National = Convention=20 to make them more representative and transparent.

10. According = to the=20 Foreign Minister, the Government had obtained assurances from the = insurgent=20 groups that had "come into the legal fold" that they would give up their = arms=20 once the constitution was in place. While the armed groups that had = returned to=20 the legal fold earlier were taking part in the National Convention, = those which=20 had joined later participated as observers. As regards the Karen = National Union=20 (KNU), the Government had held four rounds of talks with them, but they = had not=20 agreed to lay down their arms, a situation the Government attributed to = the=20 existence of splits within their ranks and the influence of outside = powers. The=20 KNU, for its part, considers that the failure of the talks has been due = to the=20 Government's refusal to discuss issues of a political nature. =

11. The Government reiterated that the door = remained=20 open for further discussions with the International Committee of the Red = Cross,=20 but that laws dating back to colonial days prevented the Government from = accepting the International Committee's conditions regarding access to = prisoners=20 and detainees.

12. The Government has responded to my own = repeated=20 requests and those of my representatives that the Special Rapporteur be = allowed=20 to visit Myanmar by saying that, since the latter's predecessor had = submitted=20 reports that did not reflect the real situation in the country, it had = become=20 necessary in the national interest to exercise considerable restraint = but that a=20 visit might take place at an appropriate time.

13. The = Government=20 reaffirmed its desire for continued dialogue with the United Nations, = although=20 in its view, this need not necessarily involve visits to Myanmar by my=20 representatives. Prior to the submission of the present report there had = been no=20 reply to my Envoy's request that he visit Yangon in October.=20

III. CONCLUDING OBSERVATIONS

14. I was gratified by the visits to = Myanmar in=20 the first half of 1997 by my Envoy and the Director of the East Asia and = the=20 Pacific Division, since I regard it as essential that my representatives = meet=20 regularly with the highest authorities in the State Law and Order = Restoration=20 Council, as well as with leaders of other relevant political forces. I = regret=20 that it has not been possible so far to arrange a visit in the second = half of=20 1997. I welcome the contacts between the Government and the NLD as an = initial=20 step, which I earnestly hope will be the harbinger of a genuine = political=20 dialogue with the party that won the majority of votes at the last = general=20 election and which, together with the involvement of the national races, = I=20 consider essential for the achievement of the twin goals of = democratization and=20 national reconciliation. I also take positive note of the fact that the = NLD was=20 recently able to hold a party congress and hope that the same tolerance = will be=20 shown towards other NLD events and to its members on future occasions. = At the=20 same time, I cannot hide my disappointment that I am not in a position = to report=20 further progress as regards the areas regarding which the General = Assembly and=20 the Commission on Human Rights have for several years expressed concern. = I wish=20 to conclude by reaffirming my commitment to continue the dialogue with = the=20 Government and other political forces of Myanmar in pursuit of the goals = set=20 forth by the membership of the Assembly.

=A9 Copyright = 1996-2000=20 Office of the United Nations High = Commissioner for=20 Human Rights Geneva, Switzerland

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