EXPERT ON HUMAN RIGHTS IN MYANMAR "DISAPPOINTED" WITH GOVERNMENT’S COOPERATION

1 June 2004



The Special Rapporteur of the United Nations Commission on Human Rights on the situation in Myanmar issued the following statement today:

Prof. Paulo Sergio Pinheiro, Special Rapporteur of the Commission on Human Rights on the situation in Myanmar, expresses his disappointment with the lack of cooperation with his mandate on the part of the Myanmar authorities.

Since his last mission to Myanmar in November 2003, the Special Rapporteur has requested twice from the Myanmar authorities to return to the country to carry out in situ missions, but without much success so far. He proposed to go in March in order to be able to prepare an update of his report to the sixtieth session of the Commission on Human Rights. However, the Myanmar authorities, despite indicating their agreement in principle to the Special Rapporteur’s next visit, did not accept the proposed dates and suggested to work out mutually convenient dates.

In his efforts to find those mutually- convenient dates, the Special Rapporteur proposed new dates (from 31 May to 13 June). The suggested dates once again were found to be inconvenient for the Myanmar authorities. This mission would have enabled him to collect first-hand information for his interim report for the fifty-ninth session of the General Assembly (due in July), in particular, in view of the recent developments relating to the National Convention process in the country.

With regard to Myanmar’s National Convention, the Special Rapporteur echoes the concerns expressed by the Secretary-General in his recent statements.

The Special Rapporteur notes with deep regret that the concerns regarding the National Convention process that he expressed in his last report (document E/CN.4/2004/33) and subsequently reiterated in his speech to the Commission on Human Rights, have not been addressed and the necessary steps had not been taken to ensure minimum democratic conditions for the reconvening of the National Convention. Without the participation of the National League of Democracy (NLD) and other political parties that won the majority of seats in the 1990 elections, the present National Convention has lost a unique opportunity for embracing a genuinely free, transparent and inclusive process involving all political parties, ethnic nationalities and members of civil society

The Special Rapporteur stated earlier and reiterates again that if the ruling State Peace and Development Council (SPDC) wants to promote a genuine process of political transition, there are some fundamental human rights requirements that must be fulfilled. In order to create an enabling environment conducive to a successful democratic transition, basic political rights and freedoms must be restored with immediate effect, including the release of the NLD leaders, Daw Aung San Suu Kyi and U Tin Oo. The NLD party offices should be reopened, all other political prisoners must be released immediately and unconditionally, and there should be no more arrests or punishment for peaceful political activities. In that connection, the Special Rapporteur deplores continuing arrests and harsh sentences for such activities as well as restrictions governing the functioning of the National Convention.

The Special Rapporteur hopes that the SPDC will listen to the appeals expressed from many quarters, including the Secretary-General and himself, to work towards a credible political transition and full respect for basic freedoms and human rights.