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Subject: A/RES/49/197. Situation of human rights in Myanmar
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          <TD width=3D"33%"><FONT size=3D4>United Nations</FONT></TD>
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            <P align=3Dright><STRONG>A/RES/49/197=20
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      <H2><IMG hspace=3D30 =
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      vspace=3D10><BR>General Assembly</H2>
      <P align=3Dright>Distr. GENERAL &nbsp;</P>
      <P align=3Dright>23 December 1994 </P>
      <P align=3Dright>ORIGINAL:<BR>ENGLISH</P>
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    <TD><PRE>
                                                 A/RES/49/197
                                                 94th plenary meeting
                                                 23 December 1994
=20
            49/197.  Situation of human rights in Myanmar
=20
      The General Assembly,
=20
      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,
the International Covenants on Human Rights and other applicable human =
rights
instruments,
=20
      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",
=20
      Recalling its resolution 48/150 of 20 December 1993,
=20
      Recalling also Commission on Human Rights resolution 1992/58 of 3 =
March
1992, in which the Commission, inter alia, decided to nominate a special
rapporteur to establish direct contacts with the Government and with the
people of Myanmar, including political leaders deprived of their =
liberty,
their families and their lawyers, with a view to examining the situation =
of
human rights in Myanmar and following any progress made towards the =
transfer
of power to a civilian Government and the drafting of a new =
constitution, the
lifting of restrictions on personal freedoms and the restoration of =
human
rights in Myanmar,
=20
      Taking note of Commission on Human Rights resolution 1994/85 of 9 =
March
1994, in which the Commission decided to extend for one year the mandate =
of
the Special Rapporteur,
=20
      Gravely concerned that the Government of Myanmar still has not
implemented its commitments to take all necessary steps towards =
democracy in
the light of the results of the elections held in 1990,
=20
      Gravely concerned also at the continued violations of human rights =
in
Myanmar, as reported by the Special Rapporteur, in particular summary =
and
arbitrary executions, torture, forced labour and forced relocations, =
abuse of
women, politically motivated arrests and detentions, restrictions on
fundamental freedoms, including the freedom of expression and assembly, =
and
the imposition of oppressive measures directed in particular at ethnic =
and
religious minorities,
=20
      Noting that the human rights situation in Myanmar has consequently
resulted in flows of refugees to neighbouring countries, thus creating
problems for the countries concerned,
=20
      Noting also the measures taken by the Government of Myanmar, =
including
its accession to the Geneva Conventions of 12 August 1949 for the =
protection
of victims of war, the conclusion of cease-fire agreements with several =
groups
of ethnic and religious minorities in Myanmar, the withdrawal of its
reservations to the Convention on the Rights of the Child and the =
release of a
number of political prisoners in response to the concerns expressed by =
the
international community, including the General Assembly and the =
Commission on
Human Rights,
=20
      Welcoming the cooperation between the Government of Myanmar and =
the
Office of the United Nations High Commissioner for Refugees on the =
voluntary
repatriation of refugees from Bangladesh to Myanmar,
=20
      1.    Expresses its appreciation to the Special Rapporteur of the
Commission on Human Rights for his interim report;
=20
      2.    Also expresses its appreciation to the Secretary-General for =
his
report;
=20
      3.    Deplores the continued violations of human rights in =
Myanmar;
=20
      4.    Repeats its call on the Government of Myanmar to release
unconditionally and immediately the Nobel Peace Prize Laureate Aung San =
Suu
Kyi, who is now in her sixth year of detention without trial, and other
political leaders and remaining political prisoners;
=20
      5.    Welcomes the recent meetings between the Government of =
Myanmar and
Nobel Peace Prize Laureate Aung San Suu Kyi, and encourages the =
Government of
Myanmar to engage in a substantive political dialogue with Aung San Suu =
Kyi
and other political leaders, including representatives from ethnic =
groups, as
the best means of promoting national reconciliation and the full and =
early
restoration of democracy;
=20
      6.    Also welcomes the recent discussions between the Government =
of
Myanmar and the Secretary-General, and further encourages the Government =
of
Myanmar to continue to cooperate fully with the Secretary-General;
=20
      7.    Again urges the Government of Myanmar, in conformity with =
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 can function freely;
=20
      8.    Notes with concern that most of the representatives duly =
elected
in 1990 are still excluded from participating in the meetings of the =
National
Convention, created to prepare basic elements for the drafting of a new
constitution, and that one of its objectives is to maintain the =
participation
of the armed forces in a leading role in the future political life of =
the
State, and notes also that there is as yet no process or timetable for
concluding the National Convention;
=20
      9.    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;
=20
      10.   Urges the Government of Myanmar to ensure full respect for =
human
rights and fundamental freedoms, including freedom of expression and =
assembly,
and the protection of the rights of persons belonging to ethnic and =
religious
minorities, and 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;
=20
      11.   Appeals to the Government of Myanmar to consider becoming a =
party
to the International Covenant on Civil and Political Rights  and the
International Covenant on Economic, Social and Cultural Rights and to =
the
Convention against Torture and Other Cruel, Inhuman and Degrading =
Treatment or
Punishment;
=20
      12.   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;
=20
      13.   Stresses the importance for the Government of Myanmar to =
give
particular attention to conditions in the country's jails and to allow =
the
International Committee of the Red Cross to communicate freely and
confidentially with prisoners;
=20
      14.   Regrets the recent harsh sentences meted out to a number of
dissidents, including persons voicing dissent with regard to the =
procedures of
the National Convention and persons sentenced, inter alia, for seeking =
to
communicate with the Special Rapporteur;
=20
      15.   Also regrets that, while a certain number of political =
prisoners
have been released, many political leaders are still deprived of their =
freedom
and their fundamental rights;
=20
      16.   Calls upon the Government of Myanmar to respect fully the
obligations of the Geneva Conventions of 12 August 1949, in particular =
the
obligations in article 3 common to the Conventions, and to make use of =
such
services as may be offered by impartial humanitarian bodies;
=20
      17.   Expresses its concern at the attack by Myanmar army soldiers =
on
the civilian refugee camp at Halockhani on 21 July 1994;
=20
      18.   Encourages the Government of Myanmar to create the necessary
conditions to ensure an end to the flows of refugees to neighbouring =
countries
and to facilitate their speedy repatriation and their full =
reintegration, in
conditions of safety and dignity;
=20
      19.   Requests the Secretary-General to continue his discussions =
with
the Government of Myanmar in order to assist in the implementation of =
the
present resolution and in its efforts to achieve national =
reconciliation, and
to report to the General Assembly at its fiftieth session and to the
Commission on Human Rights at its fifty-first session;
=20
      20.   Decides to continue its consideration of this question at =
its
fiftieth session.
      =
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