Statement by Mr. R. Lallah, Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar

Fifty-fifth session of the Commission on Human Rights, 22 March - 30 April 1999
Item 9: Question of the violation of human rights and fundamental freedoms in any part of the world



1 April 1999
(Check against delivery)

Madam Chairperson,

This is my third report to the Commission since I assumed my mandate as Special Rapporteur on the situation of human rights in Myanmar. The report is based on information gathered up to December 1998 and should be read in conjunction with the interim report presented to the General Assembly at its fifty-third session.

In spite of repeated indications by the Myanmar authorities that they would allow me to visit the country at an appropriate time, I regret to say that they have not so far authorised me to do so and to thus engage in a constructive dialogue on all the matters that are within my mandate. This attitude of the Government highlights a significant difficulty which has persisted over the past years in fulfilling my mandate. I have nevertheless gathered as much reliable information as I was able to do in order to give an accurate account of the situation of human rights in Myanmar.

Madam Chairperson,

The report essentially deals with two problematic areas in the field of human rights which remain matters of serious concern. One of these areas relates to the military government’s measures preventing democratic governance and entailing violations of the rights to life, physical integrity, freedom of thought, expression, association and movement, among other rights. The other area of concern relates to the situation prevailing particularly in the East of the country.

With regard to democratic governance, there is no sign of any movement towards the transfer of power to the duly elected representatives of the people nor to the engagement of any meaningful dialogue with the political opposition and the minority communities towards that end . This year has witnessed an intensification of the repression, particularly against the NLD and its adherents resulting in massive arrests of its leaders and followers and in manoeuvres to force their resignation from the Party. Despite some progress in the release of a few prominent political prisoners, arbitrary arrests of the rank and file of the Party and of many students have led to severe overcrowding in prisons and further deterioration in conditions of detention.

The Secretary-General of the NLD continues to be subject to harassment and repression in the exercise of her political activities and continues to be plagued by personal vilification. She was most recently affected by a personal tragedy in circumstances where it was not possible, in spite of many diplomatic efforts, for her husband to visit her before his expected death. This raises the question of the extent to which respect for family rights may be adversely affected in the case of other citizens who, in the interests of their own safety and security, have had to leave the country.


Madam Chairperson,

The situation in the East of Myanmar continues to witness the loss of life of significant numbers of civilians in situations suggesting plain disregard for basic standards of international human rights and humanitarian law. The current situation in these ethnic States, including the on-going conflict will inexorably lead to a humanitarian disaster, where more than an estimated half a million people have been displaced by the current political and military strategy and more than one hundred thousand others have taken refuge in Thailand. While a political solution rather a military one strongly suggests itself and has become urgent, I appeal to the authorities in the meantime to respect the provisions of international human rights and humanitarian law with a view to minimising, at the very best, the suffering of civilians caught up in the present conflict.

Indeed, many people, including women and children, are have taken refuge in the jungle in life-threatening conditions without assistance or protection. The on-going conflict has also greatly reduced production in subsistence agriculture causing food shortages. The extremely difficult socio-economic situation continues to produce unacceptably low standards of living with scarce opportunities for improvement.

Madam Chairperson,

UN agencies in general are extremely limited in their onsite activities. The international community is strongly urged to strengthen multilateral efforts to assist the people in Shan, Karen and Karenni states and in protecting the civilian population from human rights abuses. The Government is also urged to take steps to prevent excessive use of force and to protect all persons in its territory with a view to fully respecting international human rights and humanitarian law standards.

To best address the challenges before it, these populations should continue to receive humanitarian support of the international community, both inside Myanmar and across its borders where thousands have sought refuge. The focus should be on projects to provide assistance and protection to vulnerable groups, particularly displaced persons. National reconciliation and integration require that human rights be respected at all stages of the process. The integration of the whole spectrum of civil, political, economic, social and cultural rights in all multilateral efforts remains a paramount priority. I would like to emphasize the necessity for close co-ordination between UN agencies on humanitarian assistance programmes and , in this regard, to suggest the strengthening of these efforts, particularly with regard to vulnerable groups.

Madam Chairperson,

To conclude, another matter of great concern is the issue of forced labour which continues to be legitimized in the legislation and practice of the country. Forced labour, including child labour, should be urgently stopped by the Government and finally resolved both in law and practice. It is indeed unacceptable that at the end of the 20th century, forced labour which, in my view, approximates a contemporary form of slavery is not yet prohibited despite the repeated calls from the international community. Myanmar is a party to Convention 29 of the ILO and should urgently take all steps to give effect to the recommendations of the recent Commission of Enquiry conducted by the ILO in this regard.

Thank you, Madam Chairperson.