人权理事会与缅甸人权状况特别报告员进行互动对话（部分翻译）

下午

2014年3月17日

人权理事会今天下午与缅甸人权状况特别报告员托马斯•奥赫亚•金塔纳（Tomas Ojea Quintana）进行互动对话。

金塔纳表示，他就任这一职务已经六年，这是他最后一次在人权理事会发言。关于正在进行的确保国家和缅甸少数群体社区之间的和平和民族和解的工作，达成全国停火协议的积极进展仍在继续。他希望军方加强其承诺，政府和少数群体为终结该国数十年来的冲突付出了巨大努力。发展更自由的媒体是缅甸改革进程的一大重要特色，释放良心犯是政府最重要的成就之一。虽然总的来说过渡进程发展态势良好，但若开邦复杂的局势依旧恶劣，缅甸的罗辛亚社群仍然继续遭受着系统性歧视和人权侵犯行为的侵害。

缅甸在作为当事国发言时对国别任务授权和决议表示反对，认为这无法为理事会和当事国之间真正的对话和合作创造有利的环境。根据特别程序任务负责人行为守则，负责人必须基于从相关可靠来源处获得的客观且可信的信息进行调查以确定实情，并尽可能适当地验证这些事实。缅甸对理事会认可其在人权领域取得的成绩和进展表示感谢。但是，报告中载有缅甸无法认同的内容和建议。

发言者在互动对话中对缅甸的积极改革表示欢迎，并强调其进展是各国如何通过与国际机制的合作来改善人权状况的典例。代表团对释放良心犯和停火协议表示欢迎。因为若开邦和克钦邦仍存在挑战，政府应充分解决这些冲突的深层次原因并找到能带来和平与和解的长期解决方案。立即解决少数群体边缘化、不容忍和仇恨言论等问题对缅甸来说至关重要。 

其他发言者表示，他们不支持理事会或联合国大会进一步针对缅甸设立任何国别倡议。缅甸的人权状况并不足以列入理事会国别议程项目。西方国家支持的国别议程项目旨在侵犯不顺从的发展中国家的主权并干预其内政。人权不应被滥用为谴责主权国家合法政府的工具。理事会应废除所有国别决议。

发言的有欧盟、代表东南亚国家联盟发言的菲律宾、新西兰、捷克共和国、泰国、阿根廷、挪威、印度、意大利、日本、美国、加拿大、土耳其、韩国、法国、爱尔兰、中国、朝鲜民主主义人民共和国、墨西哥、斯里兰卡、古巴、丹麦、委内瑞拉、比利时、英国、瑞士、澳大利亚、波兰、越南以及老挝人民民主共和国。
国际法学家委员会、亚洲人权论坛、现在就要人权组织（Human Rights Now）、人权观察、律师互助组织（Lawyers for Lawyers）（联合声明）、千禧运动（联合声明）以及国际教育发展会（International Educational Development）也进行了发言。

人权理事会将于3月18日（周二）上午9点恢复工作，届时将与叙利亚调查委员会进行互动对话。

文件

理事会已收到柬埔寨人权状况特别报告员的报告（A/HRC/25/64）。

理事会已收到柬埔寨人权状况特别报告员的报告的增编（A/HRC/25/64/Add.1）。

缅甸人权状况特别报告员的发言

缅甸人权状况特别报告员托马斯•奥赫亚•金塔纳表示，他就任这一职务已经六年，这是他最后一次在人权理事会发言。关于正在进行的确保国家和缅甸少数群体社区之间的和平和民族和解的工作，达成全国停火协议的积极进展仍在继续。他希望军方能加强关于终结该国数十年的冲突的承诺，而政府和少数群体已在此方面付出了巨大努力。过渡时期重点关注确保停火和可持续和平至关重要，这还需要就如何重新修订宪法和分配权力问题进行包容性政治对话，以使缅甸成为一个和平的多宗教和多族裔国家。发展更自由的媒体是缅甸改革进程的一大重要特色，目前民间社会团体的运作更加自由和公开，但也存在限制这些自由发展的新行动。释放良心犯是政府最重要的成就之一。虽然总的来说过度进程发展良好，但若开邦的状况依旧恶劣，缅甸罗辛亚社群仍然继续遭受着系统性歧视和人权侵犯行为的侵害。金塔纳先生对境内流离失所者的情况以及不安全和暴力原因造成的对人道主义援助的限制表示关切，他指出，罗辛亚社区受到了严重的影响。当务之急是政府要意识到问题的严重性并为若开邦制定一个综合计划，包括问责制问题以及对暴力事件进行独立和可靠的调查的必要性。

政府的行政和立法部门在过渡时期发挥了不可忽视的作用，但司法机构因为缺乏独立性表现不佳。独立的司法机构对于维护法治并保护根本权利必不可少。目前不存在对之前侵犯行为的问责机制，比如酷刑或在和平示威时过度使用武力以及军方对人道主义法的侵犯行为。除了目前的人权规定，宪法还应该包括让军方受文官控制和监督的规定。建立法治和司法救助也将十分关键。法治将对经济发展进程至关重要，不单单能保护投资者的利益，还将确保维护影响者的权利。2015年的大选将是证明民主转型中进展的契机。金塔纳先生对缅甸政府排除万难与其任务授权进行合作表示赞扬，并相信这种合作是各国如何通过联合国宪章所憧憬的那样参与国际社会来改善人权状况的一个典例。

相关国家的声明

缅甸在作为当事国发言时对国别任务授权和决议表示反对，认为这无法为理事会和当事国之间真正的对话和合作创造有利的环境。根据特别程序任务负责人行为守则，负责人必须基于从相关可靠来源处获得的客观且可信的信息进行调查以确定实情，并尽可能适当地验证这些事实。但事实是，没有清晰的机制来证明特别报告员是否严格遵守了行为守则。

缅甸对理事会认可其在人权领域取得的成绩和进展表示感谢。但是，报告中载有缅甸无法认同的内容和建议。大部分建议都已经失去意义，因为缅甸早已或正在落实它们。无论缅甸在促进和保护人权方面已经取得了多大的进展，缅甸仍在理事会的议程之上，这很难说得通也令人难以理解。虽然跟许多其他国家一样，缅甸仍面临一些有待解决的挑战，但这些挑战并非不可克服。

Interactive Dialogue

European Union agreed with the Special Rapporteur that the reforms in Myanmar were going in the right direction and was concerned about the continuing detention of prisoners of conscience. The situation in Rakhine state presented a challenge to the Government and the international community. All allegations of human rights violations must be investigated by an independent mechanism and those responsible brought to justice. Philippines, on behalf of the Association of Southeast Asian Nations, welcomed the positive reforms and the process of national consolidation and reconciliation in Myanmar. The promotion of national solidarity and harmony among various groups in Myanmar constituted an important part of the reform process. The Association stressed the importance of universality and non-politicization in addressing human rights issues. New Zealand said that historic progress in Myanmar was encouraging for all and recognized some of the remaining challenges that were very complex, such as those in Rakhine state. There was a need to build a wider constituency for the reform in Myanmar. New Zealand asked about the awareness of people in Myanmar of their rights and their expectations of the society based on the rule of law and good governance.

Czech Republic welcomed the release of prisoners of conscience and other reforms and steps undertaken. It deplored the recent ban on the operation of the Doctors without Borders in some areas of the country and was concerned about the situation of the Rohingya minority. Thailand said that the continuing operation of Myanmar was a good example of how States could achieve improvement of human rights through cooperation with international mechanisms. Reforms took time and therefore the Government must be given enough time and should receive adequate support by the international community in this regard. Argentina welcomed the reversal of the death penalty to life sentences by the President of Myanmar, the release of prisoners of conscience and the ceasefire agreement. Argentina hoped for a speedy end to the recruitment of children by armed groups and the ratification of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.

Norway pointed out that continued improvements had been seen in many areas in Myanmar. It was important to recognise the efforts by Myanmar to bring the peace process and democratization forward, and the willingness to have a dialogue with the international community on the human rights situation and how to improve it because there were still many challenges and concerns. India said that the progress towards political reforms and democratization in Myanmar today was truly worth commending. Myanmar needed further encouragement and support for developing its democratic institutions and it should also be encouraged to further develop the necessary capacities to address human rights issues. India was not in favour of any further country-specific initiatives against Myanmar in the Council or the General Assembly.

Italy commended the Government of Myanmar for the cooperation extended, which it found to be an example of best practice. Myanmar’s efforts deserved full support. However, crucial challenges remained. It was essential for Myanmar to urgently address the marginalization of minorities and to speak out against intolerance and hate speech. The establishment of an Office of the High Commissioner for Human Rights may be a key step forward. Japan welcomed the series of measures being taken in Myanmar towards democratization, including the space for freedom of expression and a ceasefire with ethnic minority groups. Myanmar was strongly encouraged to continue to take steps to ensure that freedom of expression and belief were respected and to ensure the rule of law. Japan remained concerned by the clashes among the residents of Rakhine state.

United States reiterated its serious concern about the crisis in Rakhine state. What specific steps should be taken by Myanmar to establish accountability measures to ensure security forces did not continue to commit violations? What steps were recommended to ensure that large investment projects took into account the impact of their activities on local communities? Canada said that many economic and political changes had occurred leading to improvements in Myanmar. Political prisoners had been released and freedom of expression had picked up in a marked way. Despite this much remained to be done and the international community had to be ready to help. Canada was concerned by the situation of ethnic and religious minorities. Long-term peace and prosperity would require dialogue and cooperation amongst all groups.

Turkey welcomed recent economic and political reforms in Myanmar, particularly the release of prisoners of conscience. It was unfortunate that the situation in Rakhine state and the plight of Muslims throughout the country had deteriorated. Turkey called for a reconciliation process to be implemented between Muslim and Buddhist communities, and a spirit of cohabitation to be nurtured. Republic of Korea said the encouraging assessment in the report could be attributed to the Special Rapporteur’s consistent and constructive engagement with the Government of Myanmar as well as the willingness of Myanmar to political reform, which was an exemplary case for other country mandates. How could the Council contribute to the reform process in Myanmar?

France agreed that Burma had made excellent progress, and asked questions on four areas: the remaining 33 political prisoners and allegations of arrests over peaceful political activities; heightened tensions and acts of hostility towards Rohingas in Rakhine state; the ceasefire agreements between the Burmese Government and various ethnic groups; and the establishment of an Office of the High Commissioner for Human Rights in Burma. Ireland thanked the Special Rapporteur for his work, which included nine missions to Myanmar, and commended the release of over 1,500 prisoners of conscience, the holding of free and fair elections and progress towards ending the fighting in border areas. A critical step forward would be a ceasefire and political agreements with ethnic minority groups in Kachin state and Northern Shan state.

China appreciated Myanmar’s achievements including domestic reform and stability and accelerated economic and social development. It called on the international community to respect Myanmar’s sovereignty and support the Government in its efforts in promoting national reconciliation. As its neighbour, China was ready to continue to provide constructive assistance to the development of Myanmar. The human rights situation in Myanmar did not warrant a country-specific agenda item in the Council. Democratic People’s Republic of Korea said country-specific mandates pursued by Western countries aimed at infringing upon the sovereignty and interfering in the internal affairs of developing countries that were not obedient to them. Human rights should not be misused as a tool for denouncing the legitimate government of a sovereign State. The Council should eliminate all country-specific resolutions.

Mexico welcomed the efforts made by Myanmar toward national reconciliation and its cooperation with the Special Procedures. It was important to pay attention to the protection of the rights of minorities and Mexico welcomed the intention to establish a local bureau of the Office of the High Commissioner, which would open the doors to much greater cooperation with the international community. Sri Lanka congratulated Myanmar for moving forward in the transition and reform process, noting the progress made on the ground such as legislation laying the ground for the establishment of a human rights commission in accordance with the Paris Principles. Myanmar had cooperated with the United Nations mechanisms and with the Special Rapporteur, despite its opposition to country-specific mandates.

Cuba said it had a clear position of principle against country-specific resolutions and mandates against countries in the South, which did not contribute to cooperation and dialogue. Cuba took note of Myanmar’s efforts in cooperation with the United Nations machinery and hoped that this would contribute to efforts towards self-determination of the people of Myanmar. Cooperation mechanisms, such as the Universal Periodic Review, rather than politicised or confrontational tools, should be promoted. Denmark agreed that important changes had contributed to improving the human rights situation, but shortcomings remained which could compromise the ongoing reform process. Denmark remained deeply concern with the situation in Rakhine and the systematic discrimination and violence against the Rohingya community, and asked Mr. Quintana what, in his view, constituted the main risk to progress.

Venezuela said that the report was a demonstration of the politicisation represented by the Special Procedure mandates against sovereign countries by the powers and their allies. Myanmar had been the victim of war and colonization during decades, which had prevented its realisation as a sovereign country. Dialogue, assistance and cooperation without impositions were essential to promote national unity and a long-term development strategy, in opposition to the imposition of selective mandates and double standards. Belgium commended Myanmar for their cooperation with the Special Rapporteur, a mandate Belgium hoped would be extended. The establishment of a bureau of the Office of the High Commissioner was an indispensable step to confirm the positive dynamic and address remaining concerns, such as the situation of prisoners of conscience and death sentences. Belgium reiterated concerns at the persistent violations in Rakhine state.

United Kingdom said that Myanmar continued to make encouraging progress on a number of human rights issues, but challenges remained in the Rakhine and Kachin states. The Government should adequately address the underlying causes of those conflicts and find a long-term solution that would bring peace and reconciliation. Switzerland said that the Government needed to establish an independent, impartial and effective judicial system in line with international standards and to bring to justice perpetrators of human rights violations. Switzerland expressed concern about the situation in Kachin and Rakhine states and reiterated the importance of allowing access to conflict areas for humanitarian organizations and the United Nations.

Lao People’s Democratic Republic noted with appreciation the efforts of Myanmar on recent positive developments, including efforts to promote and protect human rights. The international community was urged to constructively respond to these positive developments. The Government was encouraged to continue its cooperation with the United Nations and other international organizations to overcome obstacles and challenges. Australia acknowledged the Myanmar Government’s cooperation with the Special Rapporteur. Myanmar had made significant progress in improving human rights. Also noted was progress on the peace process. The sides were encouraged to work towards an agreement which would lead to long-term peace. The Government and ethnic armed groups were encouraged to continue efforts to identify and release all child soldiers.

Poland commended the Government for its cooperation with the Special Rapporteur. In spite of progress in the democratization reforms achieved by the authorities, Poland was concerned by numerous accounts of violations of freedom of opinion as well as the freedom of peaceful assembly and association. Myanmar was urged to release all remaining prisoners of conscience and allow for unhindered functioning of independent media. Viet Nam warmly welcomed the positive developments in Myanmar. Viet Nam shared the view that the international community should further engage with Myanmar on the basis of sovereignty, respect, mutual trust, constructive dialogue and genuine cooperation. Where there was divergence, there had to be mutual good will to constructively engage and work even harder to eventually arrive at mutually satisfactory results.

International Commission of Jurists said that despite progress, reforms were fragile and legal obstacles continued to block improvements to the extremely poor state of the rule of law and respect for human rights. Ethnic and religious minority groups faced significant barriers in the justice system. The situation concerning the judicial treatment of Muslims, especially Rohingya, was particularly concerning. Asian Forum for Human Rights said that persistent, gross and systematic violations, including sexual violence, torture and extrajudicial killings continued in ethnic nationality areas. The escalation of communal violence, particularly against the Rohingya in Rakhine state, remained unaddressed.

Human Rights Now welcomed the considerable improvements in Myanmar but said censorship and repression of the press were still serious concerns. Journalists had been arrested and detained for reporting on new projects and at least 33 political prisoners were still detained. New projects linked to economic investment were provoking human rights violations. Human Rights Watch said despite significant improvements many serious concerns remained. Human Rights Watch called for a credible investigation into the Du Chee Yar Tan incident in Rakhine state in January 2014. Widespread and systematic abuses perpetrated against the Rohingya in Rakhine state in October 2010 amounted to crimes against humanity.

Lawyers for Lawyers, speaking in a joint statement with Lawyers Rights Watch Canada, spoke about the need for an independent judiciary and National Bar Association. Major challenges included allowing lawyers access to their clients, particularly those charged with political crimes, widespread and systematic corruption, and abuse by the authorities. Jubilee Campaign, speaking in a joint statement with Christian Solidarity Worldwide, said grave human rights violations continued to be perpetrated, particularly against Muslims. Myanmar must take urgent action to protect religious minorities from violence and urge its religious and political leaders to speak out against intolerance and hatred. International Educational Development agreed with the Special Rapporteur that the situation of the Rohingya people in Rakhine state constituted crimes against humanity. In light of calls by public officials to rid Rakhine state of one million Rohingyas, the issue of the prevention of genocide and mass atrocities must be addressed.

Concluding Remarks

TOMÁS OJEA QUINTANA, Special Rapporteur on the situation of human rights in Myanmar, in concluding remarks referred to the situation in Rakhine state. The reports were very specific with respect to the recommendations and initiatives that had to be undertaken by the Government to try and find solutions. All that could be added was to say that although the situation in Myanmar was highly sensitive, after having visiting the area on many occasions, there was conviction that it had to seek further cooperation from the international community as it had done with regards to political prisoners. Some recommendations had been made today that some were extremely interesting and could yield positive outcomes. Various delegations this afternoon had been reminded by the President of the Council about the use of the denomination of the country under review, and this was done advisedly and appropriately. On the rule of law, an unprecedented openness to democratic values was seen in Myanmar.

It would take quite some time for the Government to put in place formal fora that protected the rights of citizens and therein was the challenge. It was not just a matter for the Government of Myanmar to heed and deal with the lack of rule of law. It was also an obligation of the international community that was coming into the country and bringing in its investments. This was something everyone was to be reminded of. On new challenges not included in the report, once the peace agreements were brought home, it was thought that a major challenge would be the practical implementation of the peace agreements in the ethnic groups. Myanmar had said that on various occasions the Special Rapporteur had used the word ‘however’. ‘However’ simply reflected the very many voices raised to express suffering, in the hope that their needs and expectations would be brought to the Council.
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