BurmaNet News: April 17 2003
editor at burmanet.org
editor at burmanet.org
Thu Apr 17 16:10:48 EDT 2003
April 17 2003 Issue #2218
INSIDE BURMA
DVB: NLD welcomes SPDC’s ‘trust’ in Daw Aung San Suu Kyi
INTERNATIONAL
Asia Times: Another blow for Yangon
REGIONAL
AFP: ASEAN leaders to hold summit on SARS in Bangkok: Thai minister
Xinhua: SW China border port plays pivotal economic role
OPINIONS/EDITORIALS
NYT: Dictatorships and disease
EU: Commission on Human Rights Introduction of the draft resolution on
'Situation of human rights in Myanmar’
UN: Questions of the violation of human rights and fundamental freedoms in
any part of the world
Myanmar Observer Delegation: Statement of His Excellency U Mya Than
INSIDE BURMA
Democratic Voice of Burma April 15 2003
NLD welcomes SPDC's "trust" in Daw Aung San Suu Kyi
In an unusual statement issued yesterday, the SPDC (State Peace and
Development Council) stated that they have complete trust in Myanmar's
(Burma's) democracy leader, Daw Aung San Suu Kyi. Yesterday's SPDC
statement says only when the country's issues are resolved through
constructive consultation can the country achieve progress and unity.
Foreign journalists in Rangoon are interpreting it as a signal from the
military government to start the political talks. However, on closer
scrutiny, the statement says: The government has complete trust in Daw
Aung San Suu Kyi's commitment to ensuring the smooth and stable
development of Myanmar. Hence, the meaning of the statement is nebulous.
The second part of the statement says the government fully welcomes
suggestions and criticisms from all citizens and says cooperation is
necessary, especially in the education, health, and economic sectors. It
is not clear whether the [statement] constitutes an offer for political
talks.
We contacted the League (National League for Democracy) spokesman, U Lwin,
to respond to this statement. He said although they have not received the
text of the statement, they welcome such a statement. U Lwin said rather
than communicating through the media, it would be far more meaningful to
go ahead and hold the political talks.
U Lwin : Well, we have to welcome it. We had been welcoming it previously.
What I would like to say is - Razali Ismail, UN special envoy to Myanmar
knows this - that we had offered for cooperation in the three sectors they
mentioned. We would like to oblige, but we can only do it when they call
us. It is easy. Just say let us meet at such and such a time on such and
such a date. All they have to do is to say so.
INTERNATIONAL
Asia Times April 17 2003
Another blow for Yangon
By Nelson Rand
BANGKOK - With its economy in tatters and its human-rights record one of
the worst in the world, Myanmar's ruling military junta was slapped with
extended sanctions by the European Union (EU) this week - a decision
applauded by the country's two largest ethnic minority groups.
Sai Wansai, general secretary of the Shan Democratic Union (SDU), and the
European representative of the Karen National Union (KNU), Saw Sarky, have
been lobbying the EU to push for harder sanctions and to ensure that the
country's ethnic minority groups are involved in any future reconciliation
talks in Myanmar.
Germany-based Sai Wansai said he welcomed the EU's decision to extend
sanctions on Myanmar, saying the move is "crucial in projecting non-Burman
ethnic nationalities' political position" in Myanmar.
EU ministers on Monday decided to extend economic sanctions and its list
of Myanmar government officials who are subject to a visa blacklist and
asset freezing, as well as to strengthen an arms embargo against the
country.
They also confirmed plans for a trip by the so-called EU "troika" to visit
Myanmar in the next two to three months if they can meet with the
appropriate leadership of the country. They will assess then whether to
implement further sanctions or not.
"Sanctions are definitely working," Wansai told the Spanish deputy
director general for Asia and Oceania, Jorge Montealegre Buire, this
month, "but now we need sanctions with teeth that bite."
Myanmar, formerly know as Burma, has been under EU and US sanctions since
1996 for its poor human-rights record and the military's refusal to honor
1990 national elections in which opposition leader Daw Aung San Suu Kyi
won a landslide victory.
The SDU and KNU - whose military factions have each been waging
decades-long insurgencies for autonomy in their ethnic areas - are pushing
for trilateral talks in any future reconciliation plan for the country.
Last week in the Netherlands, Wansai and Sarky met with the Dutch Foreign
Ministry on the possibility of producing a prototype roadmap for Myanmar's
democratization process. Margarita Bot, the Dutch deputy director for Asia
and Oceania, suggested "[we] draw up a tentative roadmap for the UN to
consider, for without a time frame and roadmap, this could drag on
forever".
In political terms, it already has dragged on forever. The Karen have been
at war with Yangon since 1949 in one of the longest and least-known
unresolved conflicts in the world. The first Shan armed opposition group
was formed in 1958 and began fighting shortly after, about the same time
the Vietnam War was starting to kick off.
The military junta, known as the State Peace and Development Council
(SPDC), has so far ruled out any talks with the armed ethnic factions
until they surrender their arms. It has, however, started reconciliation
with Aung San Suu Kyi to try and break the country's political deadlock,
but there has been no significant progress since these so-called talks
began in October 2000 except for the release of Suu Kyi from house arrest
and of a few hundred political prisoners.
In one of the most conciliatory statements since the SPDC released Suu Kyi
from house arrest last May, the junta hinted on Tuesday that it was
willing to start political talks with her. "The government has complete
trust in Aung San Suu Kyi's commitment to ensuring the smooth and stable
development of Myanmar," the junta said in a statement reported by Reuters
new agency.
Even if serious talks did get under way between the junta and Suu Kyi, it
seems no deal could be successful without the participation of the ethnic
minority groups - especially the armed factions of the Shan and the Karen,
which the junta refuses to talk to until they lay down their arms.
"We [ethnic groups of Myanmar] own 57 percent of the landmass in the
now-defunct Union of Burma and have a population, by conservative
estimates, of 40 percent," said Wansai. "Any political settlement
excluding us will never function and we will see to it that no deal could
ever be made without us."
In the past month, Wansai and the KNU's European representative and
Central Committee member Saw Sarky met with foreign ministry officials
from Greece, Spain, Portugal and the Netherlands. Wansai said they were
satisfied with the outcome of their trip, and that they were assured the
EU would continue to push for tripartite dialogue in which the three
issues of military dictatorship, democracy and state rights of the ethnic
groups would be discussed between the three parties: the junta, the
democratic opposition and the ethnic nationalities.
"The EU is [also] looking into engaging ASEAN [Association of Southeast
Asian Nations] countries to get involved by putting pressure on the SPDC,"
Spain's Montealegre Buire told Wansai. "This will amount to taking away
the cushion intended for the junta's fallback position provided by ASEAN
[countries]."
The objectives of the sanctions, said Sarky, "are to bring the SPDC to the
negotiation table with the non-Burman ethnic nationalities and to promote
the so called 'tripartite dialogue'."
"Until then," he added, "the KNU and the non-ceasefire [factions of]
ethnic nationalities will intensify our diplomatic offensives, our
political internal resistance and our armed struggle, as we feel that the
SPDC army is no less than the occupying force of a colonial power."
REGIONAL
Agence France Presse April 17 2003
ASEAN leaders to hold summit on SARS in Bangkok: Thai minister
ASEAN leaders are to hold a one-day summit on the SARS crisis in Bangkok
on April 29, Thai public health minister Sudarat Keyuraphan said Thursday.
"Prime Minister Thaksin Shinawatra has agreed to host a summit of the 10
ASEAN leaders on SARS on April 29 in Bangkok, and every leader in the
group has accepted and will participate in the summit," Sudarat said after
meeting with the premier.
"The objective is to exchange technical assistance and information on
treating patients," the minister told reporters.
The World Health Organisation would also attend, she said, adding that
China may possibly participate.
"Whether China will attend or not is up to the Thai foreign ministry to
coordinate," she said.
The atypical pneumonia has killed more than 160 people around the world
and left more than 3,500 people ill, but most of the impact has been felt
in Asia.
Sudarat said that two regional technical meetings would also be held prior
to the summit in Bangkok.
The Philippines planned to host a meeting focusing on health checkpoints,
while Malaysia would hold a meet on the medical care of patients, she
said.
Government spokesman Sita Divari said Thaksin was hosting the summit in a
bid to restore tourist and investor confidence in the region.
"Thaksin is willing to host the summit in order to boost tourist
confidence as well as that of investors in the region," Sita said.
The Association of Southeast Asian Nations (ASEAN) groups Brunei,
Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore,
Thailand and Vietnam.
Four ASEAN countries have recorded SARS deaths: Singapore (13), Vietnam
(5), Thailand (2) and Malaysia (1).
China and Hong Kong, which are at the epicentre of the virus, have both
reported 65 deaths each. These figures do not include an American national
who was pronounced dead on arrival at a Hong Kong hospital last week after
being transferred from mainland China.
Asian economies -- in particular tourism -- are being hard-hit by the
virus, with a series of downgrades to economic growth forecasts in the
past week.
The Economist Intelligence Unit (EIU) said earlier this week that growth
in Asia, exluding Japan, this year would decline to 2.7 percent from 2.9
percent.
The UN's regional economic and social arm said Thursday that the SARS
virus, along with the war in Iraq, had shaved its 2003 growth forecast for
the Asia Pacific from 5.4 to 5.0 percent.
_______
Xinhua News Agency April 17 2003
SW China border port plays pivotal economic role
Simao Port, on the lower reaches of the Lancang River in Yunnan province,
has been playing a vital role in forging ties between southwest China and
nations along the Lancang-Mekong River since it was designated as a
top-grade open port by the state council in 1993.
Built in 1990, Simao is China's first international port along the Lancang
River, which is named the Mekong river when it enters into Laos, and flows
through Myanmar, Thailand, Cambodia and Vietnam into the South China Sea.
According to customs statistics, the volume of freight transport at the
port rose to 12,600 tons in 2002, 8.3 times more than the previous year's
figure.
The port opened to foreign ships in April 2001, and has four wharves,
which are capable of handling 300,000 tons of cargoes and 100,000
passenger arrivals a year.
Since Lancang-Mekong sub-regional economic cooperation was initiated, six
shipping companies, with 44 vessels, have registered at the port, shipping
tea and non-staple food from China to Thailand and Laos and bringing back
to China fresh fruit and other tropical products from Thailand and Laos.
He Daming, director of the Asia International River Center attached to
Yunnan University, said the development of the Lancang-Mekong river not
only spurs navigation along the river, but also promotes the exchanges of
personnel, commodities, technology and information between southwest China
and ASIAN countries.
Bai Enpei, secretary of the Yunnan Provincial Committee of the Communist
Party of China, said during a visit to Simao late last year that the port
should take the opportunity of building the China-Southeast Asian
Association Nations (ASEAN) Free Trade Zone to turn the Lancang-Mekong
River into a bridge for trade and economic cooperation between southwest
China and ASEAN countries.
OPINIONS/EDITORIALS
New York Times April 17 2003
Dictatorships and Disease
t is known that repressive government is one of the principal causes of
famine. Democracies, after all, spread information about bad harvests.
Today, severe acute respiratory syndrome, or SARS, is showing that
dictatorship is also a health hazard when it comes to infectious disease.
China is finally providing access to the World Health Organization in
Guangdong, the province where SARS is thought to have originated. But
cooperation has come late. And W.H.O. officials also say that China has
vastly underestimated the number of cases in Beijing, reporting 37 when
the real number is 100 to 200.
From the start, China seemed to fear information about SARS as much as the
pneumonia itself. For four months, as SARS spread in Guangdong, China said
nothing and told Chinese journalists not to write about it. That
information phobia prevented hospitals and ordinary people from taking
precautions and stopped the world from getting started on a treatment. The
suppression of bad news has killed millions of Chinese over the years. The
famine during the Great Leap Forward, around 1960, which took 30 million
lives, was exacerbated by officials' fear of admitting that harvests were
poor after Mao Zedong collectivized agriculture.
Today, government repression in many countries encourages the spread of
AIDS. To fight AIDS requires honesty about infection rates and a
willingness to work with marginalized groups, like drug abusers,
prostitutes and gays.
China is closer to acknowledging the titanic dimensions of its AIDS
epidemic, but the Chinese still know shockingly little about AIDS.
Prevention programs will need years to be effective.
In Myanmar, the government has delayed instituting AIDS prevention
programs for prostitutes and their clients — a major source of infection —
because its official policy is that men are faithful to their wives.
Information is a necessary disinfectant. It cannot be put to use in
societies where everything is perfect by decree.
______________
European Union April 16 2003
Commission on Human Rights
Fifty-ninth Session (Geneva, 17 March-25 April 2002)
Introduction of the draft Resolution on
"Situation of human rights in Myanmar"
(L.36)
On behalf of the European Union and all other co-sponsors, I have the
honour to introduce under agenda item 9 the draft resolution entitled
"Situation of Human Rights in Myanmar".
First of all, I would like to thank the Special Rapporteur, Professor
Pinheiro, for the task he has accomplished until now. We hope he will be
able to further investigate the major areas of concern identified in this
draft resolution, and that he will be able to do so with the full
cooperation of the Government of Myanmar.
The draft resolution before us today reflects the outcome of constructive
consultations with interested delegations, including the delegation of
Myanmar. We would like to express our sincere gratitude to all those who
took an active part in the shaping of this resolution.
The draft resolution welcomes recent positive developments in Myanmar,
such as the release from prison of a number of persons detained for
political activities, the visits of the Special Rapporteur and the Special
Envoy of the Secretary General in the country, the continued cooperation
with the International Committee of the Red Cross and the slight
improvement in the conditions of detention, the growing awareness of the
Government of the need to respond effectively to the impact of HIV/AIDS on
the population and the appointment of the ILO Liaison Officer, while
stessing the need for effective representation of the ILO in the country.
The draft resolution, while welcoming the freedom of movement within the
country enjoyed by the leader of the National League for Democracy, Daw
Aung San Suu Kyi, expresses concern at the continued refusal of the
Government of Myanmar to enter into a genuine political dialogue, and at
the harassment and attempted intimidation of Daw Aung San Suu Kyi and
other political leaders and opposition activists by the Myanmar
Authorities.
Moreover, the draft resolution expresses serious concerns at the continued
pattern of gross and systematic violations of human rights in Myanmar,
including extrajudicialkillings, rape and other forms of sexual violence,
torture, political arrests, forced labour, denial of freedoms of assembly,
association, expression and movement and violations of the right to an
adequate standard of living.
The draft resolution also expresses grave concern at the violations of the
rights of persons belonging to ethnic minorities, as well as the situation
of a large number of internally displaced persons and the flow of refugees
to neighbouring countries.
It is our hope, Madam Chairperson, that, after discussions with interested
delegations, including that of Myanmar, the draft resolution will again -
as in previous years and also in the General Assembly - be adopted without
a vote as a proof of the common concern and interest in the future of the
people of Myanmar on the side of the international community.
Thank you.
_______________-
UNITED NATIONS April 11 2003
Economic and Social Council
Distr. LIMITED
E/CN.4/2003/L.36 11 April 2003
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS Fifty-ninth session Agenda item 9
QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ANY
PART OF THE WORLD
Albania*, Andorra*, Austria, Belgium, Bulgaria*, Canada, Cyprus*, Czech
Republic*, Denmark*, Estonia*, Finland*, France, Germany, Greece*,
Hungary*, Iceland*, Ireland, Italy*, Latvia*, Liechtenstein*, Lithuania*,
Luxembourg*, Malta*, Monaco*, Netherlands*, Norway*, New Zealand*, Poland,
Portugal*, Republic of Korea, Romania*, San Marino*, Slovakia*, Slovenia*,
Spain*, Sweden, Switzerland*, United Kingdom of Great Britain and Northern
Ireland, United States of America [Added from the floor: Turkey,
Nicaragua, Peru, Australia, Uruguay, Peru (not a definitive list)]:
draft resolution
2003/... Situation of human rights in Myanmar
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of
Human Rights, the International Covenants on Human Rights and other human
rights instruments,
Reaffirming that all Member States of the United Nations have an
obligation to promote and protect human rights and fundamental freedoms
and the duty to fulfil the obligations they have undertaken under the
various international instruments in the field,
Aware that Myanmar is a party to the Convention on the Rights of the
Child, the Convention on the Elimination of All Forms of Discrimination
against Women, the Convention on the Prevention and Punishment of the
Crime of Genocide, the Geneva Conventions of 12 August 1949 for the
protection of the victims of war, as well as the Convention concerning
Forced or Compulsory Labour, 1930 (Convention No. 29) and the Convention
concerning Freedom of Association and Protection of the Right to Organize,
1948 (Convention No. 87) of the International Labour Organization,
Recalling its previous resolutions on the subject, the most recent of
which is resolution 2002/67 of 25 April 2002, and those of the General
Assembly, the most recent of which is resolution 57/231 of 18 December
2002,
Bearing in mind the report of the Secretary-General on children and armed
conflict (S/2002/1299),
Recalling resolution I adopted by the International Labour Organization at
its eighty-eighth session, on 14 June 2000, concerning the practice of
forced or compulsory labour in Myanmar,
Affirming that the will of the people is the basis of the authority of
government and that the will of the people of Myanmar was clearly
expressed in the elections held in 1990,
Affirming also that the establishment of a genuine democratic government
in Myanmar is essential for the realization of all human rights and
fundamental freedoms,
Recognizing that good governance, democracy, the rule of law and respect
for human rights are essential to achieve sustainable development and
economic growth, and that good governance includes the idea of
transparent, responsible, accountable and participatory government at all
levels,
1. Welcomes:
(a) The freedom of movement within the country enjoyed by the leader
of the National League for Democracy, Aung San Suu Kyi;
(b) The release from prison of a number of persons detained for
political activities;
(c) The reports of both the Special Rapporteur on the situation of
human rights in Myanmar (E/CN.4/2003/41) and the Special Envoy of the
Secretary-General;
(d) The visits to Myanmar by the Special Envoy of the
Secretary-General for Myanmar during the past year and the cooperation
extended to him by the Government of Myanmar;
(e) The visits to Myanmar by the Special Rapporteur during the past
year, but expresses concern over the curtailment of his fact-finding visit
in March 2003 owing to the discovery of listening devices during his
interviews with prisoners in Insein prison, and expects that the outcome
of a thorough investigation into the incident will be communicated to the
United Nations High Commissioner for Human Rights;
(f) The continued cooperation with the International Committee of
the Red Cross and the slight improvement in the conditions of detention;
(g) The visit by an Amnesty International delegation to Myanmar;
(h) The appointment of the Liaison Officer of the International
Labour Organization and her efforts to fulfil her mandate;
(i) The growing awareness of the Government of the need to combat
the production of opium in Myanmar;
(j) The growing awareness of the Government of the need to respond
effectively to the ever-increasing impact of the human immunodeficiency
virus/acquired immunodeficiency syndrome (HIV/AIDS) on the population of
Myanmar;
(k) The dissemination of human rights standards for public officials
and some non-governmental organizations and ethnic groups through a series
of human rights workshops, but stresses that such activities need to lead
also to concrete efforts to improve the human rights situation on the
ground;
2. Takes note of the establishment by the Government of a
committee on human rights as a precursor to the establishment of a
national human rights commission, which would
follow the Principles relating to the status of national institutions on
the promotion and protection of human rights annexed to General Assembly
resolution 48/134 of 20 December 1993, but also notes that further
progress has not been achieved regarding the establishment of an effective
and independent national human rights commission;
3. Expresses its grave concern at:
(a) The ongoing systematic violation of human rights, including civil,
political, economic, social and cultural rights, of the people of Myanmar;
(b) The continued refusal to enter into a genuine political dialogue
with Aung San Suu Kyi and other democratic leaders and the harassment and
attempted intimidation of Aung San Suu Kyi and opposition activists by the
authorities of Myanmar, supported by the Union Solidarity Development
Association;
(c) Extrajudicial killings; reports of rape and other forms of
sexual violence persistently carried out by members of the armed forces;
continuing use of torture; renewed
instances of political arrests and continuing detentions, including of
prisoners whose sentences have expired; forced relocation; destruction of
livelihoods and confiscations of land by the armed forces; forced labour,
including child labour; trafficking in persons; denial of freedom of
assembly, association, expression and movement; discrimination and
persecution on the basis of religious or ethnic background; wide
disrespect for the rule of law and lack of independence of the judiciary;
unsatisfactory conditions of detention; systematic use of child soldiers;
and violations of the rights to an adequate standard of living, such as
food, and to medical care and to education;
(d) The violations of human rights suffered in particular by persons
belonging to ethnic minorities, women and children, especially in
non-ceasefire areas;
(e) The situation of the large number of internally displaced persons
and the flow of refugees to neighbouring countries, and recalls in this
context the obligations of Myanmar under international law;
(f) The still insufficient response of the Myanmar authorities to
the progressively more critical HIV/AIDS situation in Myanmar;
4. Calls upon the Government of Myanmar:
(a) To fulfil its obligations to restore the independence of the
judiciary and due process of law, and to take further steps to reform the
system of the administration of justice;
(b) To take immediate action to implement fully concrete legislative,
executive and administrative measures to eradicate the practice of forced
labour by all organs of government,
including the armed forces, and to implement fully the recommendations of
the Commission of Inquiry established to examine the observance by Myanmar
of the International Labour
Organization Convention concerning Forced or Compulsory Labour, 1930
(Convention No. 29);
(c) To take action to agree modalities and a framework for the
position of the Liaison Officer of the International Labour Organization
to evolve quickly into a full and effective
representation of the organization in Myanmar as envisaged by the High
Level Team of the International Labour Organization;
(d) To immediately ensure safe and unhindered access to all parts of
Myanmar for the United Nations and international humanitarian
organizations and to cooperate fully with all
sectors of society, especially with the National League for Democracy and
other relevant political, ethnic and community-based groups through
consultation, to ensure the provision of humanitarian assistance and to
guarantee that it actually reaches the most vulnerable groups of the
population;
(e) To improve cooperation with the Special Envoy of the
Secretary-General on Myanmar and the Special Rapporteur on the situation
of human rights in Myanmar of the Commission in order to bring Myanmar
towards a transition to civilian rule, and to ensure that they are both
granted full and free access to Myanmar and that all persons cooperating
with the Special Envoy and Special Rapporteur are not subjected to any
form of intimidation, harassment or punishment;
(f) To consider as a matter of high priority becoming party to the
International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights, the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and
its Optional Protocol, the International Convention on the Elimination of
All Forms of Racial Discrimination, the Convention relating to the Status
of Refugees and the Protocol thereto, the Optional Protocols to the
Convention on the Rights of the Child on the involvement of children in
armed conflict and on the sale of children, child prostitution and child
pornography, the International Labour Organization Convention concerning
the Prohibition and Immediate Action for the Elimination of the Worst
Forms of Child Labour, 1999 (Convention No. 182); the Convention on the
Prohibition on the Use, Stockpiling, Production and Transfer of
Anti-Personnel Mines and on Their Destruction; and the Additional
Protocols of 1977 to the Geneva Conventions of 12 August 1949;
(g) To pursue through dialogue and peaceful means the immediate
suspension and permanent end of conflict with all ethnic groups in
Myanmar;
(h) To establish a national human rights commission following the
Principles relating to the status of national institutions on the
promotion and protection of human rights;
5. Strongly urges the Government of Myanmar:
(a) To restore democracy and respect the results of the 1990
elections and to enter immediately into substantive and structured
dialogue with Aung San Suu Kyi and other leaders of the National League
for Democracy towards democratization and national reconciliation and at
an early stage to include other political leaders in these talks,
including representatives of the ethnic groups;
(b) To end the systematic violations of human rights in Myanmar, to
ensure full respect for all human rights and fundamental freedoms, to end
impunity and to investigate and
bring to justice any perpetrators of human rights violations, including
members of the military and other government agents in all circumstances;
(c) Without further delay to cooperate fully with the Special
Rapporteur of the Commission on Human Rights to facilitate an independent
international investigation of continuing reports of sexual violence and
other abuse of civilians carried out by members of the armed forces in
Shan and other States;
(d) To release unconditionally and immediately all political prisoners
with particular emphasis on the elderly and the sick;
(e) To put an immediate end to the recruitment and use of child
soldiers and to extend full cooperation to relevant international
organizations in order to ensure the demobilization of
child soldiers, their return home and their rehabilitation in accordance
with Security Council resolution 1460 (2003) of 30 January 2003;
(f) To lift all restraints on peaceful political activity of all
persons, including former political prisoners, by, inter alia,
guaranteeing freedom of association and freedom of expression, including
freedom of the media, and to ensure unhindered access to information for
the people of Myanmar;
(g) To end the systematic enforced displacement of persons and other
causes of refugee flows to neighbouring countries, to provide the
necessary protection and assistance to internally displaced persons and to
respect the right of refugees to voluntary, safe and dignified return
monitored by appropriate international agencies;
(h) To recognize further the mounting gravity of the situation
regarding HIV/AIDS and to carry out fully the necessary action against the
epidemic, including through the effective implementation in Myanmar of the
United Nations joint action plan on HIV/AIDS, in cooperation with all
political and ethnic groups and with the cooperation and assistance of all
relevant international agencies;
6. Decides:
(a) To extend the mandate of the Special Rapporteur, as contained in
Commission resolution 1992/58 of 3 March 1992, for a further year, and
requests the Special Rapporteur to submit an interim report to the General
Assembly at its fifty-eighth session and to report to the Commission at
its sixtieth session;
(b) To request the Secretary-General to continue to give all
necessary assistance to the Special Rapporteur to enable him to discharge
his mandate fully; r
7. Requests the Secretary-General to bring the present resolution to
the attention of all relevant parts of the United Nations system;
8. Decides to continue consideration of this question at its sixtieth
session;
9. Recommends the following decision to the Economic and Social
Council for adoption:
"The Economic and Social Council, taking note of Commission on Human
Rights resolution 2003/... of ... April 2003 endorses the Commission's
decision to extend the mandate of the Special Rapporteur, as contained in
Commission resolution 1992/58 of 3 March 1992, for a further year, and to
request the Special Rapporteur to submit an interim report to the General
Assembly at its fifty-eighth session and to report to the Commission at
its sixtieth session."
______________________________________________________
* In accordance with rule 69, paragraph 3, of the rules of procedure of
the functional commissions of the Economic and Social Council.
[ADOPTED BY CONSENSUS, 16 APRIL 2003]
____________
Statement by His Excellency U Mya Than April 16 2003
Permanent Representative and
Leader of the Myanmar Observer Delegation
to the fifty-ninth session of the Commission on Human Rights
Rebuttals to the draft resolution No.E/CN.4/2003/L.36
(Agenda Item 9)
Geneva, 16 April 2003
Madam Chair,
I thank you for giving me the floor to offer some comments on the draft
resolution on the situation of human rights in Myanmar, contained in
document E/CN.4/2003/L.36, submitted by Greece on behalf of the European
Union and other countries.
This year's draft resolution is once again fundamentally flawed,
imbalanced and biased.
Madam Chair,
There is an emerging consensus view among the Member States and observers
of the Commission on Human Rights that country-specific resolutions should
be constructive, non-accusatory and balanced. This year's draft resolution
on the situation of human rights in Myanmar has fallen far short of
meeting these criteria.
Because of the time constraint, let me cite only some examples from a long
list of text elements which are fraught with such defects.
In the Memorandum of Human Rights Situation in Myanmar contained in
document E/CN.4/2003/G/47, circulated by the Myanmar observer delegation,
we have set out in detail Myanmar's specific characteristics and
conditions, and we have also explained why the process of transition in
Myanmar has to be of evolutionary nature.
The draft resolution, in o.p. 3(b), expresses its grave concern at "the
continued refusal to enter into a genuine political dialogue with Daw Aung
San Suu Kyi and other democratic leaders". That paragraph deliberately
portrays a negative picture as if nothing has been done on the part of the
Myanmar Government in this respect.
Let us see whether or not this accurately reflects the reality.
There have been misconceptions and misrepresentations about the current
status of the national reconciliation in the Union of Myanmar. I wish to
inform you that there have been 12 meetings between a special team led by
a cabinet-level representative of the Government and Daw Aung San Suu Kyi
of the NLD. There have also been meetings between the two sides at the
higher and lower levels. For instance, a high-ranking military official
with the rank of Brigadier General, who is acting as a liaison between the
Government and Daw Aung San Suu Kyi, had met her 111 times during the
period between 25 October 2000 and 15 January 2003. It bears reiterating
here that our national reconciliation process is a homegrown process in
our own traditional way.
In this context, we wish to stress that, while the Myanmar authorities
have displayed their magnanimity and positive gestures, politicians and
political parties, on their part, also ought to demonstrate their
goodwill, constructive spirit and willingness to cooperate with the
Government in the interest of the country. The political evolution can
take place only when politicized attempts to destabilize the country and
to derail the ongoing process have given way to a responsible, realistic
and cooperative approach on the part of these elements.
Madame Chair,
The draft resolution includes sweeping generalizations such as "systematic
violations of human rights" without any shred of evidence to substantiate
those accusations. The term "systematic violations of human rights" occurs
in o.p. 3(a), 3(c), 5(b) and 5(g).
Let us see whether or not there is any shred of evidence mentioned in the
report of the Special Rapporteur to support these accusations.
Members and observers of this esteemed Commission will recall that the
Special Rapporteur of the Situation of Human Rights in Myanmar, in his
report to the fifty-ninth session of the Commission, states :-
Quote
"It is time to take stock of, acknowledge and evaluate the ongoing effects
of incremental change which have taken place."
Unquote.
Furthermore, the Special Rapporteur, in the same report, has made this
observation :-
Quote
"According to third-party views, it is true that there has been more
development, peace and stability in more areas than before and there is
more freedom (in relative terms)."
Unquote
I am quoting from the credible and authoritative report of the Special
Rapporteur on the Situation of Human Rights in Myanmar. It is, therefore,
crystal clear that the accusations of "systematic violations of human
rights in Myanmar" is unsubstantiated, and is, indeed, proven to be
inaccurate and incorrect by the report of the Special Rapporteur.
May I add here that it is not the policy of the Myanmar Government to
encourage or condone anyone to commit any violations of human rights, let
alone carrying out harassments of any kind on its own people as its
policy.
Madam Chair,
Let us see whether or not the draft resolution is really constructive
without accusatory language.
The draft resolution, in o.p. 3(c), provides a very, very long list of
accusations. That paragraph is, in fact, a catalogue of all possible
violations of
human rights, all attributed without any evidence or justification to the
Myanmar Government. This clearly demonstrates the accusatory character of
the draft resolution.
Madam Chair,
Let us see whether or not the draft resolution is fair and balanced.
The draft resolution, in o.p. 4(f), calls upon the Myanmar Government to
accede to a very long list of international conventions. I wish to pose a
question to the sponsors of the draft resolution whether they have
themselves acceded to all those conventions. The imbalance in that
paragraph is underscored by the fact that a long list of international
conventions also includes the Convention on the Prohibition on the Use,
Stockpiles, Production and Transfer of Anti-personnel Mines and on Their
Destruction (Mine Ban Treaty).
The Mine Ban Treaty is not a human rights treaty. It is rather an arm
control and disarmament treaty and a humanitarian treaty.
The inclusion of the Mine Ban Convention in that paragraph has, indeed,
weakened the claim of the sponsors to the seriousness of their purpose and
the genuineness of their good intention in encouraging the Myanmar
Government to improve the human rights situation in Myanmar.
Madam Chair,
The draft resolution, in o.p. 3(c), (d) and (e), includes the allegations
of systematic use of child soldiers, allegations of various types of
violations of human rights against ethnic minorities.
I should like to point out here that there is no credible and concrete
evidence of the recruitment and the use of children by the Myanmar Armed
Forces. As a matter of fact, such an abuse has been banned by law in
Myanmar. The Myanmar Defence Services Act of 1974 and Instruction 13/73 of
the War Office Council provide that a person cannot enlist in the Armed
Forces until and unless he has attained the age of 18. There is neither a
draft system nor forced conscription by the Government of Myanmar. The
Myanmar Armed Forces is an all volunteer army.
Nor are the sweeping allegations of violations of human rights against the
ethnic minorities credible and plausible. These allegations emanate from
the politically-motivated anti-government elements. May I point out here
that no one can deny the fact that, for the first time in the modern
history of Myanmar, the overwhelming majority of the armed groups --17 1/2
out of 18 armed groups --have concluded peace agreements with the
Government; have returned to the legal fold; and have joined hands with
the Government in the development of their respective regions. It would
have been inconceivable that these armed groups of national races will
return to the legal fold and join hands with the Government in
nation-building tasks, if the allegations of systematic and widespread
violations of human rights against the national races were really true.
In fact, the State Peace and Development Council has accomplished border
area development on an unprecedented scale for national races and a
perceptible uplift in the standard of living and the well-being of these
people.
Madam Chair,
The draft resolution, in o.p. 3(f) and 5 (h), inaccurately characterizes
HIV/AIDS situation in Myanmar as "progressively more critical" and of
"mounting gravity". It further describes the efforts of the Myanmar
Government as an "insufficient response".
Let us also see how these negative portrayals match with the reality.
We have formed the National AIDS Committee, and there are 40 AIDS/STD
Prevention and Control Teams. They are energetically and effectively
carrying out necessary measures of prevention, control and treatment of
HIV/AIDS pandemic.
Myanmar is also actively cooperating with ASEAN Member States and
neighbouring countries in combating HIV/AIDS pandemic.
Myanmar is also cooperating fully with the UNAIDS. A joint survey,
conducted by Myanmar and the UNAIDS in March 2002 estimated a total of
177,279 people, affected by HIV/AIDS in Myanmar. Mind you that this
estimated figure is only one-third of the estimated figure of around
500,000 HIV/AIDS cases, published by the western NGOs and mentioned in the
report of the Special Rapporteur last year.
This is an example of how those people could distort the facts and figures
and ignore the reality.
Madam Chair,
So much about some examples of too many negative elements in the draft
resolution.
The problem is that, even when the sponsors of the draft resolution
welcome and appreciate the efforts and achievements of the Myanmar
Government, they do so only grudgingly and not in full fairness.
The draft resolution, in o.p. 1 (i), welcomes merely "the growing
awareness of the Government to combat the production of opium in Myanmar."
But there is no mentioning of the efforts and achievements of the
Government in its war on illicit drugs.
Let us see how this compare with the reality.
In fact, Myanmar has made great sacrifices in its war on illicit drugs.
During the period from 1988 to date, Myanmar has sacrificed the lives of
776 soldiers from its Armed Forces in its military operations to interdict
drug traffickers; 2350 soldiers have sustained injuries and lost their
limbs.
Is there any other country which has made sacrifices of this kind and
magnitude in its war on illicit drugs?
Moreover, Myanmar has done a great deal in destroying poppy plantations
and illicit drugs seized by the law enforcement agencies. Nor is it
sparing any effort in its cooperation with neighbouring countries in
combating this horrible scourge.
The efforts and achievements of the Myanmar Government in this
respect have been recognized by the International Narcotic Drug Control
Board (INCB). In its 2002 report, the INCB acknowledges that the opium
production in Myanmar had decreased by some 50 percent from its level in
1996.
In the eyes of the sponsors of the draft resolutions, all these facts and
figures on the achievements of the Myanmar Government add up to nothing
more than "the growing awareness of the Government of the need to combat
the production of opium in Myanmar."
Madam Chair,
We hope that next year the sponsors of the draft resolution will show more
flexibility and a more constructive approach to draw up a draft resolution
on Myanmar which approaches our vision of a fair draft resolution, as
outlined above.
I regret to say that the draft resolution, as it now stands, has fallen
far short of meeting the aforementioned criteria. There are too many
negative elements, too excessively-worded formulations, too much
politicization and too many factual errors in it.
Madam Chair,
I wish to place on record the profound gratitude of the Myanmar delegation
and the Myanmar Government to the ASEAN countries and their ambassadors
and representatives who have extended all-out support and have helped
throughout the consultations on the draft resolution. I should also like
to express our deep appreciation to other friendly countries and their
ambassadors and representatives, who have been very supportive of my
delegation, for their most valuable support in our endeavours to tone down
the draft resolution.
Madam Chair,
~*
Despite all these efforts by my delegation as well as the representatives
of the friendly countries to make the draft resolution more constructive,
less accusatory and more balanced, the end product of the draft resolution
has fallen far short of meeting these criteria.
For these reasons, my delegation dissociates itself from the draft
resolution on situation of Human Rights in Myanmar.
Nonetheless, Myanmar's stand is a principled stand. We stand firm on our
principles. One of the principles we believe in is that of cooperation
with the United Nations and international organizations and the Commission
on Human Rights to the extent possible.
We shall, therefore, continue to cooperate with the Commission on Human
Rights in the spirit and the tradition that we have carried forward to
date.
I thank you, Madam Chair.
More information about the Burmanet
mailing list