I have just concluded my six-day mission to Myanmar - my sixth visit
to the country since I was appointed Special Rapporteur in March 2008. I
would like to express my appreciation to the Government of Myanmar for
its invitation, and for the cooperation and flexibility shown during my
visit, in particular for my visit to Rakhine State.
In Nay Pyi Taw, I met with the Minister of Home Affairs, the Minister
of Social Welfare, Relief and Resettlement (also the Minister of
Labour), the Minister of Immigration and Population, the Deputy Minister
of Health, the Deputy Minister of Education, the Attorney General, the
Chief Justice of the Supreme Court, the Vice-Speaker of the Pyithu
Hluttaw and members of several parliamentary committees.
In Yangon, I met with the Minister of Foreign Affairs, the Minister
of Border Affairs, as well as members of the National Human Rights
Commission, members of the 88 Generation Students Group, and
representatives of civil society organizations.
I discussed a broad
range of human rights issues with Daw Aung San Suu Kyi. Also, in
Yangon, I met with three prisoners of conscience in Insein Prison,
including a staff member of the United Nations who has been detained in
connection with the events in Rakhine State, as well as a prisoner in
Insein Hospital, Phyo Wai Aung, who was granted amnesty yesterday and
released.
And, I met with members of the United Nations Country Team
and briefed the diplomatic community. I would like to thank the
Resident Coordinator and the Country Team for the support provided to me
during my mission.
In Rakhine State, I accompanied a visit organized by the Government
for members of the diplomatic community and the United Nations Country
Team. In Maungdaw, I met with state and local authorities, and members
of the Muslim community. I visited burned Rakhine villages and observed
the construction of new shelters.
In addition, my team and I visited
camps for internally displaced persons for both Rakhine Buddhist and
Muslim communities in Sittwe and Maungdaw. I also interviewed five
United Nations staff in Buthidaung Prison who have been detained in
connection with the events in Rakhine State, and met a lawyer who was
considering representing one of the staff.
I would like to thank the
Government for the access granted to my team and myself to areas where
tensions remain high.
My mission took place against the backdrop of continuing change and
transition in Myanmar, which have had a dramatic impact on the country
and its people. I welcome recent achievements, such as the adoption of
a joint strategy with the International Labour Organization for the
elimination of all forms of forced labour by 2015 and the signing of an
action plan with the United Nations to prevent the recruitment and use
of children by Myanmar’s armed forces.
I am encouraged to see the
increasing engagement of civil society, political parties and other
stakeholders in the reform process. During my mission, there was
greater openness in discussing human rights issues and more critical
debate and analysis on the direction, pace and scope of reforms, in
particular on the challenges and risks. State and national institutions
that have important roles in furthering democratic transition and
ensuring respect for human rights, such as Parliament and the National
Human Rights Commission, have continued to develop. In this respect, I
see that the National Human Rights Commission has continued to undertake
important activities, such as the review of complaints and the conduct
of missions to investigate allegations of human rights violations,
including most recently to Kachin State. While there is a long way to
go before this body is fully compliant with the Paris Principles and
independent, it seems to have embraced its important role in promoting
and protecting human rights and is trying to address its shortcomings in
order to enhance its credibility and effectiveness.
I also acknowledge efforts towards building a society based on the
rule of law. Central to this is the continuing review and reform of
legislation and the adoption of new laws. I am encouraged that relevant
stakeholders, such as civil society and international organizations,
are being consulted on some of the draft laws being prepared. More time
should be given to enable broader consultation and proper consideration
of draft laws. I am also encouraged that draft laws are now being
published in the media prior to their consideration by Parliament. At
the same time, given the scope and pace of the legislative reforms, it
is vital that equal attention be paid to implementation as well as to
raising awareness of new laws amongst the general public. Additionally,
greater coordination, priority-setting and clarity in the timetable for
legislative reform is needed, particularly with respect to the laws
that I have previously identified as not being in full compliance with
international human rights standards, such as the State Protection Law,
the Electronic Transactions Law and the Unlawful Associations Act.
Central to upholding the rule of law is an independent, impartial and
effective judiciary. I was encouraged to see that the Supreme Court
has engaged with and sought capacity-building and technical assistance
from the international community, which goes some way towards addressing
my previous recommendations on this issue.
Despite these positive developments, Myanmar continues to grapple
with serious human rights challenges which, as the events in Rakhine
State demonstrate, need to be addressed for democratic transition and
national reconciliation to properly take hold.
The human rights situation in Rakhine state is serious. I witnessed the
widespread suffering of people who have lost their homes and
livelihoods as a result of the violence and express my sympathy to the
victims from both communities.
I note the actions taken by the
Government to restore law and order, including the deployment of
additional security forces to the area, and the establishment of a
commission to investigate the incidents that sparked the communal
violence. I am concerned, however, at the allegations I have received
of serious human rights violations committed as part of measures to
restore law and order. These include the excessive use of force by
security and police personnel, arbitrary arrest and detention, killings,
the denial of due process guarantees and the use of torture in places
of detention.
While I am in no position to be able to verify these
allegations at this point in time, they are of grave concern. It is
therefore of fundamental importance to clearly establish what has
happened in Rakhine State and to ensure accountability. Reconciliation
will not be possible without this, and exaggerations and distortions
will fill the vacuum to further fuel distrust and tensions between
communities. Therefore, I join the calls of others for an independent
and credible investigation into these allegations of human rights
violations as a matter of urgency. And I offer my assistance in this
regard.
I welcome the actions taken by the Government and international
organizations to attend to the immediate needs of the displaced and
provide humanitarian assistance. But the situation still requires
urgent attention to address concerns of access to food, water,
sanitation and health care for those displaced, particularly in the
larger camps. I therefore encourage the international community to
respond to the Myanmar authorities’ appeal for increased humanitarian
assistance. I am also concerned at the sentiments against the United
Nations and international non-governmental organizations, particularly
regarding perceptions amongst the Rakhine Buddhist community that
humanitarian assistance is not being provided according to the
principles of impartiality and neutrality. I encourage the
international organizations involved to work jointly with the Government
authorities to counter these perceptions.
Further, while the Government is clearly trying to respond to the
immediate humanitarian needs and has a medium-term plan for the
resettlement for those displaced, attention must be paid to the
development of a longer-term strategy for rehabilitation and
reconciliation – one that is based on integration and not separation of
the two communities. This strategy should be anchored in ensuring that
the fundamental rights of all are respected and address the underlying
causes of the violence. I am extremely concerned about the deep-seated
animosity and distrust which exists between the communities in Rakhine
State. The situation will only further deteriorate unless brave steps
are taken by the Government.
In this respect, I have, throughout my mandate, consistently
highlighted concerns regarding systematic discrimination against the
Rohingya community. Such concerns include the denial of citizenship or
legal status to Rohingyas, restrictions on their freedom of movement,
marriage restrictions, and other discriminatory policies. I hope that
steps will be taken to address these issues, including a review of the
1982 Citizenship Act to ensure that it is in line with international
human rights standards.
The international community also has a role to play in helping to
identify durable solutions, premised on human rights principles, to the
statelessness of the Rohingyas. I urge Myanmar’s neighbours and States
across the region to recognize that they have an obligation under
international law to protect the human rights of all persons within
their borders regardless of whether or not they are recognized as
citizens of that country and to guarantee respect for the international
principle of non-refoulement.
During my mission, I interviewed six United Nations staff members, in
Insein and Buthidaung prisons, who have been detained in connection
with the events in Rakhine State. I have also received information that
a number of staff of international non-governmental organizations have
been similarly detained. Based on my interviews, I have serious
concerns about the treatment of these individuals during detention. I
am of the view that the charges against them are unfounded and that
their due process rights have been denied. This is reminiscent of the
experiences of prisoners of conscience whom I interviewed in Insein
Prison. I therefore call for the immediate release of these
individuals and a review of their cases. I have also received
information that the lawyer I met has received threats to deter him from
representing one of the United Nations staff. I call on the
authorities to guarantee that the individuals I met do not face
reprisals and to ensure their protection and that of their families at
this time.
I also met with other prisoners of conscience at Insein Prison.
While I commend the President for the recent release of an additional
number of prisoners last month, I am concerned that there are remaining
prisoners of conscience being held not only in Insein but also in other
prisons; information which was also conveyed during my mission. I must
therefore once again call for the release of all remaining prisoners of
conscience without conditions or delay. National reconciliation and
democratic transition cannot move forward without this necessary step.
And the international community needs to remain engaged on this issue.
In this respect, while I am aware of continuing efforts to address
discrepancies in the numbers of remaining prisoners of conscience from
different sources, I believe that a comprehensive and thorough
investigation is still needed to clarify records and determine accurate
numbers. This must be done urgently and in consultation with relevant
stakeholders, such as former prisoners of conscience and civil
society. Regardless of these efforts, there are prisoners whose
identities and cases are known and there is no reason why their release
should be further delayed.
In Insein Hospital, I also met with Phyo Wai Aung, whom I had met on
my two previous missions. I was informed yesterday that Phyo Wai Aung
had been granted amnesty and was released. I welcome this news and
commend the President and the Government for taking this positive step.
During my mission, I discussed developments and progress made in
addressing the ongoing tensions and conflict with armed ethnic groups in
border areas, particularly in Kachin State. I welcome the ceasefire
agreements reached with 10 ethnic armed groups thus far and am aware of
efforts to attend to post-ceasefire needs, dialogue with ethnic groups
and progress ceasefire agreements into peace agreements. Efforts
towards finding a durable political solution to the conflict should be
accelerated and should address long-standing grievances and deep-rooted
concerns amongst ethnic groups.
Yet, as a result of ongoing conflict, particularly in Kachin State, I
continue to receive allegations of serious human rights violations
committed, including attacks against civilian populations, extrajudicial
killings, sexual violence, internal displacement, and torture.
Furthermore, I received allegations of the use of landmines, the
recruitment of child soldiers, as well as forced labour and portering
committed by all parties to the conflict. I must therefore reiterate
that it is vital for these allegations to be addressed as a matter of
priority. The Government and all armed groups must do more to ensure
the protection of civilians during armed conflict. International human
rights and humanitarian law must be respected.
I must also emphasize that the needs of those displaced and affected
by the conflict, including in non-Government controlled areas, must be
addressed as a matter of priority. The United Nations and its
humanitarian partners must have regular, independent and predictable
access to all individuals in need, regardless of whether they are in
Government or non-Government controlled areas.
Finally, I remain of the opinion that addressing grievances from
decades of human rights violations is crucial for democratic transition
and national reconciliation. Acknowledging the suffering of victims and
allowing them to heal will help to prevent future violations from
occurring.
In this regard, I have discussed with different stakeholders,
including ethnic groups, political party leaders, and members of
Parliament, the establishment of a truth commission. I believe that
Parliament, as the only multi-party and multi-ethnic public institution,
is the most appropriate body for the creation of such a commission and
for this difficult but necessary task. As a first step, there should be
a process of consultation with all relevant stakeholders, including
victims of human rights violations, in order to get their advice and
views on how this truth commission should be shaped. Lessons should be
learned from other countries that have experience in these processes.
Assistance may be provided by the United Nations and other international
organizations.
To conclude, as reforms deepen in Myanmar, my mandate can help to
highlight the importance of placing human rights standards and
principles at the very heart of this process. Take, for instance, the
flood of foreign investment that is beginning to enter the country.
Adopting a human rights-based approach ensures that the principles of
participation, non-discrimination, transparency, accountability and the
rule of law guide this process. With this guiding framework of human
rights, investments will serve to create a more fair and just society,
in which the human rights of the people of Myanmar are fulfilled. The
time to firmly embed a human rights-based approach in economic and
social development is now.
More generally, I believe that human rights should not fall off the
agenda, and human rights concepts and principles need to be at the
forefront of the entire reform process, driving it forward and keeping
it focused on addressing the needs and aspirations of the people of
Myanmar. It is my responsibility, as Special Rapporteur, to continue to
emphasize this point.
I want to again thank the Government of Myanmar for its invitation and
cooperation. I look forward to another visit to the country before my
next report to the Human Rights Council in 2013. And I reaffirm my
willingness to work constructively and cooperatively with Myanmar to
improve the human rights situation of its people.
ENDS
Statement of the Special Rapporteur on the Situation of Human Rights in Myanmar
By Tomás Ojea Quintana, 4 August 2012, Yangon International Airport, Myanmar
I have just concluded my six-day mission to Myanmar - my sixth visit
to the country since I was appointed Special Rapporteur in March 2008. I
would like to express my appreciation to the Government of Myanmar for
its invitation, and for the cooperation and flexibility shown during my
visit, in particular for my visit to Rakhine State.
In Nay Pyi Taw, I met with the Minister of Home Affairs, the Minister
of Social Welfare, Relief and Resettlement (also the Minister of
Labour), the Minister of Immigration and Population, the Deputy Minister
of Health, the Deputy Minister of Education, the Attorney General, the
Chief Justice of the Supreme Court, the Vice-Speaker of the Pyithu
Hluttaw and members of several parliamentary committees.
In Yangon, I met with the Minister of Foreign Affairs, the Minister
of Border Affairs, as well as members of the National Human Rights
Commission, members of the 88 Generation Students Group, and
representatives of civil society organizations. I discussed a broad
range of human rights issues with Daw Aung San Suu Kyi. Also, in
Yangon, I met with three prisoners of conscience in Insein Prison,
including a staff member of the United Nations who has been detained in
connection with the events in Rakhine State, as well as a prisoner in
Insein Hospital, Phyo Wai Aung, who was granted amnesty yesterday and
released. And, I met with members of the United Nations Country Team
and briefed the diplomatic community. I would like to thank the
Resident Coordinator and the Country Team for the support provided to me
during my mission.
In Rakhine State, I accompanied a visit organized by the Government
for members of the diplomatic community and the United Nations Country
Team. In Maungdaw, I met with state and local authorities, and members
of the Muslim community. I visited burned Rakhine villages and observed
the construction of new shelters. In addition, my team and I visited
camps for internally displaced persons for both Rakhine Buddhist and
Muslim communities in Sittwe and Maungdaw. I also interviewed five
United Nations staff in Buthidaung Prison who have been detained in
connection with the events in Rakhine State, and met a lawyer who was
considering representing one of the staff. I would like to thank the
Government for the access granted to my team and myself to areas where
tensions remain high.
My mission took place against the backdrop of continuing change and
transition in Myanmar, which have had a dramatic impact on the country
and its people. I welcome recent achievements, such as the adoption of
a joint strategy with the International Labour Organization for the
elimination of all forms of forced labour by 2015 and the signing of an
action plan with the United Nations to prevent the recruitment and use
of children by Myanmar’s armed forces. I am encouraged to see the
increasing engagement of civil society, political parties and other
stakeholders in the reform process. During my mission, there was
greater openness in discussing human rights issues and more critical
debate and analysis on the direction, pace and scope of reforms, in
particular on the challenges and risks. State and national institutions
that have important roles in furthering democratic transition and
ensuring respect for human rights, such as Parliament and the National
Human Rights Commission, have continued to develop. In this respect, I
see that the National Human Rights Commission has continued to undertake
important activities, such as the review of complaints and the conduct
of missions to investigate allegations of human rights violations,
including most recently to Kachin State. While there is a long way to
go before this body is fully compliant with the Paris Principles and
independent, it seems to have embraced its important role in promoting
and protecting human rights and is trying to address its shortcomings in
order to enhance its credibility and effectiveness.
I also acknowledge efforts towards building a society based on the
rule of law. Central to this is the continuing review and reform of
legislation and the adoption of new laws. I am encouraged that relevant
stakeholders, such as civil society and international organizations,
are being consulted on some of the draft laws being prepared. More time
should be given to enable broader consultation and proper consideration
of draft laws. I am also encouraged that draft laws are now being
published in the media prior to their consideration by Parliament. At
the same time, given the scope and pace of the legislative reforms, it
is vital that equal attention be paid to implementation as well as to
raising awareness of new laws amongst the general public. Additionally,
greater coordination, priority-setting and clarity in the timetable for
legislative reform is needed, particularly with respect to the laws
that I have previously identified as not being in full compliance with
international human rights standards, such as the State Protection Law,
the Electronic Transactions Law and the Unlawful Associations Act.
Central to upholding the rule of law is an independent, impartial and
effective judiciary. I was encouraged to see that the Supreme Court
has engaged with and sought capacity-building and technical assistance
from the international community, which goes some way towards addressing
my previous recommendations on this issue.
Despite these positive developments, Myanmar continues to grapple
with serious human rights challenges which, as the events in Rakhine
State demonstrate, need to be addressed for democratic transition and
national reconciliation to properly take hold.
The human rights situation in Rakhine state is serious. I witnessed the
widespread suffering of people who have lost their homes and
livelihoods as a result of the violence and express my sympathy to the
victims from both communities. I note the actions taken by the
Government to restore law and order, including the deployment of
additional security forces to the area, and the establishment of a
commission to investigate the incidents that sparked the communal
violence. I am concerned, however, at the allegations I have received
of serious human rights violations committed as part of measures to
restore law and order. These include the excessive use of force by
security and police personnel, arbitrary arrest and detention, killings,
the denial of due process guarantees and the use of torture in places
of detention. While I am in no position to be able to verify these
allegations at this point in time, they are of grave concern. It is
therefore of fundamental importance to clearly establish what has
happened in Rakhine State and to ensure accountability. Reconciliation
will not be possible without this, and exaggerations and distortions
will fill the vacuum to further fuel distrust and tensions between
communities. Therefore, I join the calls of others for an independent
and credible investigation into these allegations of human rights
violations as a matter of urgency. And I offer my assistance in this
regard.
I welcome the actions taken by the Government and international
organizations to attend to the immediate needs of the displaced and
provide humanitarian assistance. But the situation still requires
urgent attention to address concerns of access to food, water,
sanitation and health care for those displaced, particularly in the
larger camps. I therefore encourage the international community to
respond to the Myanmar authorities’ appeal for increased humanitarian
assistance. I am also concerned at the sentiments against the United
Nations and international non-governmental organizations, particularly
regarding perceptions amongst the Rakhine Buddhist community that
humanitarian assistance is not being provided according to the
principles of impartiality and neutrality. I encourage the
international organizations involved to work jointly with the Government
authorities to counter these perceptions.
Further, while the Government is clearly trying to respond to the
immediate humanitarian needs and has a medium-term plan for the
resettlement for those displaced, attention must be paid to the
development of a longer-term strategy for rehabilitation and
reconciliation – one that is based on integration and not separation of
the two communities. This strategy should be anchored in ensuring that
the fundamental rights of all are respected and address the underlying
causes of the violence. I am extremely concerned about the deep-seated
animosity and distrust which exists between the communities in Rakhine
State. The situation will only further deteriorate unless brave steps
are taken by the Government.
In this respect, I have, throughout my mandate, consistently
highlighted concerns regarding systematic discrimination against the
Rohingya community. Such concerns include the denial of citizenship or
legal status to Rohingyas, restrictions on their freedom of movement,
marriage restrictions, and other discriminatory policies. I hope that
steps will be taken to address these issues, including a review of the
1982 Citizenship Act to ensure that it is in line with international
human rights standards.
The international community also has a role to play in helping to
identify durable solutions, premised on human rights principles, to the
statelessness of the Rohingyas. I urge Myanmar’s neighbours and States
across the region to recognize that they have an obligation under
international law to protect the human rights of all persons within
their borders regardless of whether or not they are recognized as
citizens of that country and to guarantee respect for the international
principle of non-refoulement.
During my mission, I interviewed six United Nations staff members, in
Insein and Buthidaung prisons, who have been detained in connection
with the events in Rakhine State. I have also received information that
a number of staff of international non-governmental organizations have
been similarly detained. Based on my interviews, I have serious
concerns about the treatment of these individuals during detention. I
am of the view that the charges against them are unfounded and that
their due process rights have been denied. This is reminiscent of the
experiences of prisoners of conscience whom I interviewed in Insein
Prison. I therefore call for the immediate release of these
individuals and a review of their cases. I have also received
information that the lawyer I met has received threats to deter him from
representing one of the United Nations staff. I call on the
authorities to guarantee that the individuals I met do not face
reprisals and to ensure their protection and that of their families at
this time.
I also met with other prisoners of conscience at Insein Prison.
While I commend the President for the recent release of an additional
number of prisoners last month, I am concerned that there are remaining
prisoners of conscience being held not only in Insein but also in other
prisons; information which was also conveyed during my mission. I must
therefore once again call for the release of all remaining prisoners of
conscience without conditions or delay. National reconciliation and
democratic transition cannot move forward without this necessary step.
And the international community needs to remain engaged on this issue.
In this respect, while I am aware of continuing efforts to address
discrepancies in the numbers of remaining prisoners of conscience from
different sources, I believe that a comprehensive and thorough
investigation is still needed to clarify records and determine accurate
numbers. This must be done urgently and in consultation with relevant
stakeholders, such as former prisoners of conscience and civil
society. Regardless of these efforts, there are prisoners whose
identities and cases are known and there is no reason why their release
should be further delayed.
In Insein Hospital, I also met with Phyo Wai Aung, whom I had met on
my two previous missions. I was informed yesterday that Phyo Wai Aung
had been granted amnesty and was released. I welcome this news and
commend the President and the Government for taking this positive step.
During my mission, I discussed developments and progress made in
addressing the ongoing tensions and conflict with armed ethnic groups in
border areas, particularly in Kachin State. I welcome the ceasefire
agreements reached with 10 ethnic armed groups thus far and am aware of
efforts to attend to post-ceasefire needs, dialogue with ethnic groups
and progress ceasefire agreements into peace agreements. Efforts
towards finding a durable political solution to the conflict should be
accelerated and should address long-standing grievances and deep-rooted
concerns amongst ethnic groups.
Yet, as a result of ongoing conflict, particularly in Kachin State, I
continue to receive allegations of serious human rights violations
committed, including attacks against civilian populations, extrajudicial
killings, sexual violence, internal displacement, and torture.
Furthermore, I received allegations of the use of landmines, the
recruitment of child soldiers, as well as forced labour and portering
committed by all parties to the conflict. I must therefore reiterate
that it is vital for these allegations to be addressed as a matter of
priority. The Government and all armed groups must do more to ensure
the protection of civilians during armed conflict. International human
rights and humanitarian law must be respected.
I must also emphasize that the needs of those displaced and affected
by the conflict, including in non-Government controlled areas, must be
addressed as a matter of priority. The United Nations and its
humanitarian partners must have regular, independent and predictable
access to all individuals in need, regardless of whether they are in
Government or non-Government controlled areas.
Finally, I remain of the opinion that addressing grievances from
decades of human rights violations is crucial for democratic transition
and national reconciliation. Acknowledging the suffering of victims and
allowing them to heal will help to prevent future violations from
occurring.
In this regard, I have discussed with different stakeholders,
including ethnic groups, political party leaders, and members of
Parliament, the establishment of a truth commission. I believe that
Parliament, as the only multi-party and multi-ethnic public institution,
is the most appropriate body for the creation of such a commission and
for this difficult but necessary task. As a first step, there should be
a process of consultation with all relevant stakeholders, including
victims of human rights violations, in order to get their advice and
views on how this truth commission should be shaped. Lessons should be
learned from other countries that have experience in these processes.
Assistance may be provided by the United Nations and other international
organizations.
To conclude, as reforms deepen in Myanmar, my mandate can help to
highlight the importance of placing human rights standards and
principles at the very heart of this process. Take, for instance, the
flood of foreign investment that is beginning to enter the country.
Adopting a human rights-based approach ensures that the principles of
participation, non-discrimination, transparency, accountability and the
rule of law guide this process. With this guiding framework of human
rights, investments will serve to create a more fair and just society,
in which the human rights of the people of Myanmar are fulfilled. The
time to firmly embed a human rights-based approach in economic and
social development is now.
More generally, I believe that human rights should not fall off the
agenda, and human rights concepts and principles need to be at the
forefront of the entire reform process, driving it forward and keeping
it focused on addressing the needs and aspirations of the people of
Myanmar. It is my responsibility, as Special Rapporteur, to continue to
emphasize this point.
I want to again thank the Government of Myanmar for its invitation and
cooperation. I look forward to another visit to the country before my
next report to the Human Rights Council in 2013. And I reaffirm my
willingness to work constructively and cooperatively with Myanmar to
improve the human rights situation of its people.
Source:UN Office ,Yangon.
