UNITED NATIONS

Press Release

COMMISSION ON HUMAN RIGHTS ADOPTS MEASURES ON SITUATIONS IN NORTH KOREA, TURKMENISTAN, MYANMAR

Commission on Human Rights

59th session
16 April 2003
Afternoon

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The Commission on Human Rights adopted resolutions this afternoon expressing concern over human rights situations in the Democratic People's Republic of Korea, Turkmenistan, and Myanmar.

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In a resolution on the situation of human rights in Myanmar, (E/CN.4/2003/L.36), adopted without a vote, the Commission welcomed the freedom of movement within the country enjoyed by the leader of the National League for Democracy, Aung San Suu Kyi; the release from prison of a number of persons detained for political activities; the visits to Myanmar by the Special Envoy of the Secretary-General for Myanmar and the cooperation extended to him by the Government of Myanmar; the visits by the Special Rapporteur during the past year. It expressed 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 expected that the outcome of a thorough investigation into the incident would be communicated to the High Commissioner for Human Rights; continued cooperation with the International Committee of the Red Cross; the visit by an Amnesty International delegation to Myanmar; the appointment of the Liaison Officer of the International Labour Organization and her efforts to fulfil her mandate; the growing awareness of the Government of the need to combat the production of opium in Myanmar; the growing awareness of the Government of the need to respond effectively to the HIV/AIDS epidemic; the dissemination of human rights standards for public officials and some non-governmental organizations and ethnic groups through a series of workshops, but stressed that such activities needed to lead also to efforts to improve the human rights situation on the ground; took 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.

The Commission called upon the Government 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 administration of justice; to take immediate action to implement fully measures to eradicate the practice of forced labour by all organs of government, including the armed forces; to take action to implement agree modalities and a framework for the position of the Liaison Officer of the International Labour Organization; 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 groups, through consultation, to ensure the provision of humanitarian assistance and to guarantee that it actually reached the most vulnerable groups of the population; to improve cooperation with the Special Envoy of the Secretary-General and the Special Rapporteur in order to bring Myanmar towards a transition to civilian rule; to consider as a matter of high priority becoming party to the United Nations human rights instruments relating to civil and political rights, economic, social and cultural rights, prevention of torture, prevention of discrimination, protection of migrants, the rights of refugees, and the Optional Protocols to the Convention on the Rights of the Child; to pursue through dialogue and peaceful means the immediate suspension and permanent end of conflict with all ethnic groups in Myanmar; to establish a national human rights commission; strongly urged the Government of Myanmar to restore democracy and to respect the results of the 1990 elections; to end the systematic violation 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; without further delay 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; to release unconditionally and immediately all political prisoners with particular emphasis on the elderly and the sick; to put an immediate end to the recruitment and use of child soldiers; to lift all restraints on peaceful political activity of all persons; to end the systematic enforced displacement of persons and other causes of refugee flows to neighbouring countries; to carry out fully necessary action against the HIV/AIDS epidemic; and the Commission decided to extend the mandate of the Special Rapporteur on the situation in Myanmar for a further year.

A Representative of India said Myanmar had been cooperating with the Special Rapporteur on the situation of human rights in Myanmar and several other monitoring mechanisms. There was a general positive trend in the protection and promotion of human rights in the country. India believed that the democratic process should be decided by the parties themselves without any outside interference. It should be noted that the Government had released 4,000 political prisoners and had lifted any restrictions on the right to freedom of movement. The Government should be encouraged to continue with the positive trend it had been pursuing.

A Representative of China said that in recent years the Government of Myanmar had cooperated with the Red Cross, the United Nations High Commissioner for Refugees and other international organizations and had made efforts to promote human rights. In the past year, the Special Representative of the Government of Myanmar had held talks with National League for Democracy on twelve occasions. The Government's efforts to promote and protect human rights deserved the acknowledgement of the international community. As a neighbour of Myanmar, China understood the difficulties faced by its Government. It opposed political pressure and the introduction of country-specific resolutions.

A Representative of Cuba said that despite the co-sponsors' best wishes the drafters had only timidly included some of the positive developments in Myanmar. Cuba did not support the consensus on this resolution and hoped this would be reflected in the record.

A Representative of Sri Lanka said the delegation had taken note of the achievements of Myanmar. The resolution should specifically mention the progress achieved by the Government as a sign of encouragement. The State should also continue such efforts.

A Representative of Myanmar said the draft resolution on the situation in Myanmar was once again fundamentally flawed, imbalanced and biased. There was an emerging consensus view among the member States and observers of the Commission that country specific resolutions should be constructive, non-accusatory and balanced. This year's draft resolution on the situation of human rights in Myanmar had fallen far short of meeting these criteria. Despite all the efforts by the delegation of Myanmar to make the draft resolution more constructive, less accusatory and more balanced, the end product did not meet these criteria. For these reasons, Myanmar dissociated itself form the draft resolution but would continue to cooperate with the Commission

A Representative of Malaysia, speaking on behalf of the Association of South East Asian Nations (ASEAN), said improvements in human rights only occurred with the cooperation of the country concerned. ASEAN was pleased to note that the Government of Myanmar had been cooperating with international mechanisms over the last year. There had been progress both in peace talks as well as in the improvement of infrastructure. The Government of Myanmar was called upon to continue this important cooperation. However, ASEAN countries believed this issue would have been better dealt with as "assistance to the Government of Myanmar on the situation of human rights" under agenda item 19, as opposed to the condemnation and discouragement meted out under agenda item 9.

A Representative of the Sudan said the draft resolution on the human rights situation in Mynamar was yet another reflecting the political trend exercised by the sponsors. Such a resolution would undermine the work of the Commission. It reflected the politicization and selectivity in the debate in the Commission. Myanmar had been cooperating fully with the Special Representative of the Secretary-General and had made progress in implementing international human rights standards.