Report of the Secretary-General on

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Distr.
GENERAL

A/53/657
10 November 1998

Original: ENGLISH =

Fifty-third = session
Agenda=20 item 110 (c)
Human rights questions: Human rights = situations
and=20 reports of special rapporteurs and representatives

Situation of human rights in=20 Myanmar

Report of the Secretary-General=20

I. Introduction

1. The present = report is=20 submitted pursuant to paragraph 21 of General Assembly resolution 52/137 = of 12=20 December 1997, entitled "Situation of human rights in Myanmar", in which = the=20 Assembly requested me to continue my discussions with the Government of = Myanmar=20 in order to assist in the implementation of that resolution, and to = report to=20 the Assembly at its fifty-third session and to the Commission on Human = Rights at=20 its fifty-fourth session.

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

3. Member States will be aware from my report to the=20 Commission on Human Rights at its fifty-fourth session (E/CN.4/1998/163) = of the=20 visit to Myanmar, as my Special Envoy, of Mr. Alvaro de Soto, Assistant=20 Secretary-General for Political Affairs, which took place from 20 to 23 = January=20 1998. During his visit, he held talks with the Chairman of the State = Peace and=20 Development Council (SPDC) and Prime Minister of the Union of Myanmar, = Senior=20 General Than Shwe; Secretary-1 of the SPDC, Lieutenant-General Khin = Nyunt; and=20 the Minister for Foreign Affairs, U Ohn Gyaw. He also held discussions = with the=20 National League for Democracy (NLD), including its General Secretary, = Daw Aung=20 San Suu Kyi, and the National Unity Party (NUP).

4. In view of=20 developments in Myanmar in July 1998, I wrote to Senior General Than = Shwe on 7=20 August 1998 to convey to him my wish to send a special emissary, Tan Sri = Razali=20 Ismail, who was President of the General Assembly at its fifty-first = session, to=20 discuss matters of mutual concern at Yangon. In his reply of 9 August = 1998,=20 Senior General Than Shwe considered that the time was not appropriate = for this=20 visit to take place. Subsequently, in a meeting with Foreign Minister U = Ohn Gyaw=20 on the sidelines of the Non-Aligned Summit Meeting at Durban on 4 = September=20 1998, I recommended more constant dialogue between the SPDC and the NLD, = and I=20 again proposed the visit of Tan Sri Razali. However, the Foreign = Minister=20 indicated that such a visit was not urgent given the progress being made = to=20 resolve the situation that had prompted my request in July = 1998.

5. On 25=20 September 1998, Mr. de Soto met Foreign Minister U Ohn Gyaw at United = Nations=20 Headquarters in New York. During this meeting, in response to a proposal = made in=20 July, the Foreign Minister conveyed to Mr. de Soto his Government's = willingness=20 to receive him at Yangon as my Special Envoy. Accordingly, he visited = Yangon=20 from 27 to 30 October 1998. During his visit, Mr. de Soto held = consultations=20 with Secretary-1 of the SPDC, Lieutenant-General Khin Nyunt; Foreign = Minister U=20 Ohn Gyaw; and Brigadier-General David Abel, Minister in the Office of = the Prime=20 Minister. He also held discussions with the NLD, including its General = Secretary=20 Daw Aung San Suu Kyi.

II. Discussions with the = Government of=20 Myanmar

6. In the course of his two visits to Yangon and = at his=20 meeting with the Minister of Foreign Affairs in New York, my Special = Envoy=20 discussed with his interlocutors a range of issues that have repeatedly = been=20 raised by the General Assembly and the Human Rights Commission in their = annual=20 resolutions, in particular progress towards the restoration of democracy = in the=20 light of the results of the 1990 elections; the opening of a substantive = dialogue with political parties, particularly the NLD and its General = Secretary,=20 Daw Aung San Suu Kyi, and with representatives of the national races;=20 restrictions on the functioning of the NLD and other political parties; = and the=20 situation of human rights and in this connection the need for the = Special=20 Rapporteur to visit Myanmar.

7. During his meetings with = government=20 officials, my Special Envoy stressed my desire to assist in bridging the = differences that separate Myanmar from the international community and = the=20 consequent importance of addressing the concerns raised in the General = Assembly.=20 In particular, my Envoy encouraged the Government to open a genuine = dialogue=20 with the NLD as the party that had won the majority of votes and the=20 overwhelming number of seats at the 1990 elections, and suggested that = the=20 dialogue which according to the Government it was holding with the = national=20 races should be intensified and made more transparent. My Envoy also = suggested=20 that since the Government was intent on promoting an inclusive approach = towards=20 the armed insurgent groups, some of whom had been fighting the central=20 Government since independence, it should also adopt a similarly = inclusive=20 approach in the case of the NLD. In conclusion, my Envoy urged the = Government to=20 give visible signals that it was indeed moving towards democracy and a=20 multiparty system, its declared goal.

8. My Envoy pointed out = that the=20 Secretary-General's mandate, being one of discreet good offices, did not = include=20 detailed reporting on the factual situation regarding human rights in = Myanmar=20 since that responsibility rested with the Special Rapporteur designated = by the=20 Commission of Human Rights for that purpose. My Envoy's visits should = therefore=20 not be considered a substitute for those of the Special Rapporteur, who = if=20 allowed to enter Myanmar would be able to observe the situation in the = country=20 at first hand and report on it without having to rely largely on outside = sources=20 for his information and also taking into account the Government's=20 views.

9. Following my Special Envoy's visit in February 1998, I = wrote to=20 the Chairman of the SPDC, requesting the Government to consider taking = concrete=20 steps of the kind suggested by Mr. de Soto, such as the renewal of a = dialogue=20 with the NLD, the amendment of laws restricting political rights and = freedoms,=20 the release of persons in detention or imprisoned for politically = related=20 offences and the setting of a date for a visit by the Special = Rapporteur. In=20 response, the Government, without addressing my suggestions, informed me = that it=20 would continue to move forward "in a systematic way towards [the] goal = of a=20 peaceful, prosperous, modern and developed State with a multi-party = democratic=20 system and a market-oriented economy".

10. On the question of = opening a=20 substantive dialogue with political parties, in particular the NLD and = Daw Aung=20 San Suu Kyi, the Government maintained that the negative approach of the = NLD,=20 and Aung San Suu Kyi in particular, towards the Government's actions = made it=20 difficult to establish contacts with that political party. The = Government,=20 however, drew attention to the meeting between Secretary-1 of the SPDC = and U=20 Aung Shwe, Chairman of the NLD, which had taken place on 18 August 1998, = which=20 it considered fruitful and which it had expected to be the first of a = series of=20 confidence-building talks between the Government and the NLD. However, = this had=20 not materialized because of the NLD's call, on 21 August 1998, for the = convening=20 of the national parliament, which the Government considered highly=20 confrontational and potentially destabilizing, especially with the = subsequent=20 establishment on 17 September 1998 at the initiative of the NLD of the=20 "Committee Representing the People's Parliament Elected by the 1990 = Multiparty=20 Democratic General Elections". The Government reiterated that it was not = opposed=20 to a dialogue with the NLD provided that there was a change in attitude = on the=20 part of the NLD and Daw Aung San Suu Kyi.

11. With regard to the=20 detention of several hundred members of parliament and other NLD = members, the=20 Government explained that the attempt to convene the parliament had = forced it to=20 take preventive action, but that they were being released gradually and = would be=20 released immediately if the NLD renounced its call for the parliament to = assemble.

12. On the issue of the freedom of political parties, = the=20 Government stated that the prevalence of peace and stability throughout = the=20 country was a prerequisite for democratization, as was progress towards=20 development. It pointed out that the NLD, in cooperation with some = international=20 actors, had tried to undermine the achievements of the Government and = had=20 attempted to incite unrest among the population with the objective of = assuming=20 power and that the Government could not tolerate such activities, which = taken to=20 the extreme might result in bloodshed.

13. As for the curtailment = of Daw=20 Aung San Suu Kyi's freedom of movement, the Government replied that her = call for=20 a boycott of investment and tourism and her support of sanctions had = rendered=20 her widely unpopular, and that the decision to restrict her movements = had=20 stemmed out of concerns for her own safety.

14. On the situation = of the=20 national races, the Government declared that its priority was to achieve = "national reconsolidation" by bringing all the armed ethnic groups "into = the=20 legal fold". To date 17 armed groups had done so, and the Constitution = being=20 drafted, which would give important powers to the States, Divisions and=20 self-autonomous areas and zones, would adequately reflect their=20 views.

15. Regarding the visit of the Special Rapporteur, the = Government=20 reiterated that he would be invited to visit at an opportune time. =

16.=20 The NLD, for its part, reported an overall deterioration of the = situation in the=20 country, with continued and widespread harassment against its members = and=20 supporters, including forced resignations from the party, arbitrary = arrests,=20 torture, suppression of freedom of expression and association, and = severe and=20 enforced restrictions on movement, as well as on other normal political=20 activities. Daw Aung San Suu Kyi, although not required any longer to = inform the=20 authorities about her movements, was prevented from leaving Yangon and = meeting=20 NLD members in the provinces. In addition, the general population were = being=20 denied the right to education and economic development, while forced = relocation=20 and labour continued in Myanmar on a large scale, particularly in the = ethnic=20 minority areas.

17. The NLD leadership considered that the = meeting=20 between its Chairman and Lieutenant-General Khin Nyunt in August 1998 = had not=20 amounted to the beginning of a dialogue, and that at any rate the = composition of=20 the delegation that would represent the NLD at such talks should be a = matter to=20 be decided by the Central Executive Committee and was not for the SPDC = to=20 dictate.

18. Regarding the party's call in June 1998 for the = convening of=20 parliament =96 the NLD stated that it was its responsibility, eight = years after=20 the failure of the People's Parliament (Pyithu Hluttaaw) elected = in 1990=20 to convene =96 to implement the will of the people and that its aim was = neither=20 confrontation nor an attempt to assume power but to accelerate the = opening of a=20 meaningful dialogue with the Government. The "Committee Representing the = People's Parliament Elected by the 1990 Multiparty Democratic General = Elections"=20 had been empowered by 251 members of parliament, out of a total of 459 = elected=20 members still alive, to act on their behalf in view of their inability = to meet=20 due to their arrest, imprisonment or restrictions on their freedom of=20 movement.

III. Observations

19. I must = register=20 my disappointment at my inability to report genuine, substantive = progress on the=20 part of the Myanmar Government in addressing the appeals to it in = repeated=20 General Assembly resolutions, notwithstanding my efforts. I am concerned = at the=20 deterioration in the situation and the tensions that have arisen. I = believe such=20 efforts should be intensified in the coming months.

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

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