| United Nations | A/50/568 |
General Assembly
Distr. GENERAL
16 October 1995
ORIGINAL:
ENGLISH
Fiftieth session
Agenda item 112 (c)
HUMAN RIGHTS QUESTIONS: HUMAN RIGHTS SITUATIONS AND REPORTS
OF SPECIAL RAPPORTEURS AND REPRESENTATIVES
Situation of human rights in Myanmar
Note by the Secretary-General
The Secretary-General has the honour to transmit to the members of the
General Assembly the interim report prepared by Mr. Yozo Yokota, Special
Rapporteur of the Commission on Human Rights on the situation of human
rights in Myanmar, in accordance with Commission on Human Rights resolution
1995/72 of 8 March 1995, and Economic and Social Council decision 1995/283
of 25 July 1995.
95-31222 (E) 301095/...
*9531222*
ANNEX
Interim report prepared by Mr. Yozo Yokota, Special Rapporteur
of the Commission on Human Rights on the situation of human
rights in Myanmar, in accordance with Commission on Human
Rights resolution 1995/72 of 8 March 1995 and Economic and
Social Commission decision 1995/283 of 25 July 1995
CONTENTS
Paragraphs Page
I. INTRODUCTION ..........................................1 - 53
II. PROPOSED VISITS TO MYANMAR BY THE SPECIAL RAPPORTEUR ..6 - 113
III. MEMORANDUM OF ALLEGATIONS TO THE GOVERNMENT OF MYANMAR 127
IV. RESPONSE OF THE GOVERNMENT OF MYANMAR TO THE MEMORANDUM
OF THE SPECIAL RAPPORTEUR..............................13 - 1422
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A/50/568
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I. INTRODUCTION
1. On 8 March 1995, at its fifty-first session, the Commission on Human
Rights adopted without a vote resolution 1995/72 entitled "Situation of
human rights in Myanmar". In paragraph 23 of the resolution, the
Commission decided to extend for one year the mandate of the Special
Rapporteur to establish or continue direct contacts with the Government and
people of Myanmar, including political leaders deprived of their liberty,
their families and their lawyers and requested the Special Rapporteur to
report to the General Assembly at its fiftieth session and to the
Commission on Human Rights at its fifty-second session. The present
report, which constitutes a preliminary report by the Special Rapporteur,
is being presented in accordance with that request. A final report will be
submitted to the Commission on Human Rights at its fifty-second session.
2. In the same resolution, the Commission, inter alia: noted with
particular concern that the electoral process initiated in Myanmar by the
general elections of 27 May 1990 had not yet reached its conclusion;
deplored the fact that political leaders remained deprived of their
liberty, in particular elected representatives and Nobel Peace Prize
laureate Daw Aung San Suu Kyi; expressed its grave concern at the
violations of human rights, which remained extremely serious, in
particular, the practice of torture, summary and arbitrary executions,
forced labour, including forced portering for the military, abuse of women,
politically motivated arrests and detention, forced displacement, important
restrictions on the freedoms of expression and association, and the
imposition of oppressive measures directed at ethnic and religious minority
groups; and expressed its concern about the continuous problems created in
neighbouring countries by the continuous flows of refugees from Myanmar.
The Commission also expressed its grave concern over the offensive against
the Karen National Union, Burmese student activists and other groups of the
political opposition.
3. In addition to the above, the Commission took note of the fact that the
Government of Myanmar: had acceded to the Geneva Conventions of 12 August
1949; had withdrawn several reservations it had entered concerning the
Convention on the Rights of the Child; had observed cease-fire agreements
with ethnic groups; had freed a certain number of political prisoners; and
had received the Special Rapporteur for a visit to Myanmar.
4. On 25 July 1995, the Economic and Social Council, in its decision
1995/283, approved Commission resolution 1995/72.
5. The present preliminary report is submitted to the Secretary-General of
the United Nations for dissemination to all States Members of the United
Nations.
II. PROPOSED VISITS TO MYANMAR BY THE SPECIAL RAPPORTEUR
6. On 19 July 1995, following the lifting of restrictions against Daw Aung
San Suu Kyi, the Special Rapporteur addressed the following letter to the
Government of Myanmar requesting a visit to the country in order to meet
with her:
"I have the honour to refer to Commission on Human Rights resolution
1995/72 of 8 March 1995, by which my mandate as Special Rapporteur on the
situation of human rights in Myanmar was extended for a fourth year.
"By paragraph 23 of resolution 1995/72, the Commission called upon the
Special Rapporteur 'to establish or continue direct contacts with the
Government and people of Myanmar, including political leaders deprived of
their liberty'. Paragraph 25 urged 'the Government of Myanmar to cooperate
fully and unreservedly with the Commission and the Special Rapporteur and,
to that end, to ensure that the Special Rapporteur effectively has free
access to any person in Myanmar whom he may deem appropriate to meet in the
performance of his mandate, including Daw Aung San Suu Kyi'.
"Accordingly, I would be most grateful to continue benefitting from the
cooperation of your Excellency's Government so that I may provide the
General Assembly and the Commission with an accurate and comprehensive
assessment of the situation of economic, social, cultural, civil and
political rights in Myanmar. In this regard, and given the recent decision
of your Government to lift the restrictions placed on Ms. Aung San Suu Kyi,
I would wish to visit your country to meet with her. On the same occasion,
I would welcome the opportunity to have discussions with your Government's
representatives. This exceptional mission will enhance the accuracy of my
report to the General Assembly, in which all the recent developments could
be reflected. Specifically, and keeping in mind the schedule of the
General Assembly, I would hope that your Government would agree to my visit
from 21 to 25 August.
"I wish to note in this connection that it would remain my intention to
visit Myanmar for a lengthier period in October 1995 as I have done in each
of the past few years. I will address this matter in greater detail in a
future letter.
"Hoping that this would be acceptable to your Excellency's Government,
let me also restate my commitment to accord full consideration of your
Government's views and that, as such, I am at your entire disposal to
continue our dialogue about the situation of human rights in Myanmar."
7. On 11 August 1995, the Special Rapporteur received a letter from the
Permanent Representative of Myanmar to the United Nations Office at Geneva,
in which he communicated his Government's reservation to such a visit:
"I have the honour to refer to your letter of 19 July 1995, addressed to
His Excellency the Minister for Foreign Affairs of the Union of Myanmar,
expressing your desire to visit Myanmar from 21 to 25 August 1995 in
accordance with the provisions contained in resolution 1995/72 of the
Commission on Human Rights.
"In this connection, I would like to inform you that the authorities
concerned in Yangon have responded that it would be appropriate for you to
journey to Myanmar at a later date as had been the case on previous
occasions.
"I trust that you understand and plan to undertake your trip to Myanmar
at a later date this year as originally proposed by you."
8. On 14 August 1995, the Special Rapporteur addressed the following
letter to the Government of Myanmar, in which he reiterated his wish to
undertake a short visit to the Union of Myanmar in the course of August:
"I have the honour to refer to a letter addressed to me on 11 August 1995
by your Permanent Representative in Geneva, Ambassador U Aye, by which you
communicated your Government's reservation of my proposal to visit the
Union of Myanmar between 21 and 25 August 1995. As Special Rapporteur on
the situation of human rights in Myanmar, I would like to bring your
Government's attention on the necessity for me to visit the Union of
Myanmar during these specific dates.
"In the performance of my mandate, I have always endeavoured to establish
direct contact with the Government and people of Myanmar. In this respect,
I have never underestimated the importance of my having direct access to
sources of information, including your Government's comments, in order to
allow me fully and reliably to discharge my mandate in reporting to the
States Members of the United Nations concerning the situation of human
rights in Myanmar.
"In the past years, my requests to meet with Daw Aung San Suu Kyi were
consistently denied, despite decisions of the Commission on Human Rights
urging the Myanmar Government to cooperate fully. This year, following
your Government's decision to lift the restriction to which Daw Aung San
Suu Kyi has been subject since 1989, I believe that it is very important to
meet with her as soon as possible to discuss topics pertaining to my
mandate. Such a meeting is also expected by the international community
and a summary of the discussions would therefore be published in my
forthcoming report to the General Assembly.
"In keeping with my commitment to endeavour to accord full consideration
to your Government's views on the substantive issues raised in my mandate,
including both general and specific allegations of human rights violations
by the Government of Myanmar, this visit could also be a unique opportunity
for me to receive your Government's responses and explanations to the
allegations of human rights violations received by me in the last year.
These comments will be brought directly to the attention of the General
Assembly during its forthcoming session.
"Keeping in mind the deadline for the submission of my interim report to
the General Assembly (September 1995), a visit to Myanmar at the end of
August may be the only opportunity to provide the international community
with an accurate and comprehensive assessment of the situation of economic,
social, cultural, civil and political rights in Myanmar. Indeed, this
exceptional mission will strengthen the accuracy and the actuality of my
report to the General Assembly.
"In view of the above, I would appreciate the cooperation of your
Government in reconsidering the dates proposed by your Government for my
visit to Myanmar and to allow me to travel for five days as originally
requested, i.e., 21 to 25 August 1995.
"In anticipation of receiving your Government's response to this request
at its earliest convenience, and hoping that it may be positively
considered, I remain, yours sincerely."
9. On 4 September 1995, observing that no reply was forthcoming regarding
the Special Rapporteur's proposal to visit Myanmar in August, the Special
Rapporteur addressed another letter to the Government of Myanmar suggesting
other dates for his visit:
"I have the honour to refer to Commission on Human Rights resolution
1995/72 of 8 March 1995 by which my mandate as Special Rapporteur on the
situation of human rights in Myanmar was extended for a fourth year. As
you may be aware, at its most recent session the Economic and Social
Council approved Commission resolution 1995/72 by its decision 1995/283 of
25 July 1995.
"In the performance of my mandate, I have always endeavoured to establish
direct contact with the Government and people of Myanmar. In this respect,
I have never underestimated the importance of my having direct access to
sources of information, including your Government's comments, in order to
allow me fully and reliably to discharge my mandate in reporting to the
States Members of the United Nations concerning the situation of human
rights in Myanmar.
"This year, following your Government's decision to lift the restriction
to which Daw Aung San Suu Kyi has been subject since 1989, I have requested
in a letter addressed to your Government on 19 July 1995 to undertake a
short visit in August to meet with her. In a letter addressed to me on 11
August 1995 by your Permanent Representative in Geneva, Ambassador U Aye,
you communicated your Government's reservation of my original proposal to
visit Myanmar between 21 and 25 August 1995. Instead, your Government
expressed its view that it would be more appropriate for me to postpone my
visit to a later date.
"Accordingly, I would be most grateful to continue benefitting from the
cooperation of your Excellency's Government so that I may provide the
Commission and the General Assembly with an accurate and comprehensive
assessment of the situation of economic, social, cultural, civil, and
political rights in Myanmar in accordance with the provisions contained in
Commission on Human Rights resolution 1995/72. In this regard, and in
keeping with my commitment to endeavour to accord full consideration to
your Government's views on the substantive issues raised in my mandate,
including both general and specific allegations of human rights violations
by the Government of Myanmar, I would wish to visit again your country.
Specifically, and keeping in mind the deadline for the submission of my
report to the Commission on Human Rights as well as your Government's
suggestion, I would hope that your Government would agree to my visit at
about the same time as it had been the case during my previous visits; may
I suggest from 8 to 17 October 1995.
"Hoping that this would be acceptable to your Excellency's Government,
let me also restate my commitment to accord full consideration of your
Government's views and that, as such, I am at your entire disposal to
continue our dialogue about the situation of human rights in Myanmar."
10. On 28 September 1995, in a letter from the Permanent Representative of
Myanmar to the United Nations Office at Geneva, the Special Rapporteur was
informed that the proposed dates for his visit had been tentatively agreed
to.
11. Since the Special Rapporteur intends to visit Myanmar and Thailand in
October, it is not feasible to reach conclusions for the present report on
the many allegations on violations of human rights that have been reported
to him. It is hoped that information gathered during the Special
Rapporteur's visit, as well as continued dialogue with the Government of
Myanmar, will facilitate conclusions to be included in the Special
Rapporteur's comprehensive report to the Commission on Human Rights at its
fifty-second session.
III. MEMORANDUM OF ALLEGATIONS TO THE GOVERNMENT OF MYANMAR
12. By a letter dated 5 September 1995 to the Minister for Foreign Affairs
of Myanmar, the Special Rapporteur transmitted the following memorandum of
allegations received by him of human rights violations reported to have
occurred in Myanmar:
"A. Summary or arbitrary execution
"1. As noted in his report to the Commission on Human Rights at its
fortyninth session (E/CN.4/1993/37), the Special Rapporteur welcomed the
fact that all death sentences had been commuted to life imprisonment. This
year the Special Rapporteur received no information of an explicit or
systematic government policy encouraging summary killings.
"2. However, there continued to be credible reports of instances of
brutality sometimes resulting in the killing of civilians by Myanmar
military forces under a variety of circumstances.
"3. In the minority-dominated areas where insurgencies have been taking
place, many of the allegedly killed were civilians who were accused of
either being insurgents or collaborating with insurgents. The following
are examples of allegations received:
"(a) A 25-year-old Mon labourer who escaped from portering reported that,
on 8 April 1995, soldiers belonging to Light Infantry Battalion No. 403,
while coming from the Three Pagodas Pass, entered the Kayin village of
Kamon and shot and killed four Kayin villagers on suspicion of being Kayin
soldiers;
"(b) On 3 May 1995, a villager from Bee T'Kaa village was allegedly
arrested and subsequently executed by soldiers belonging to Battalion No.
230, under the command of Kyaw Myint Taun, upon accusation of helping the
Kayin National Liberation Army.
"4. Other reports from non-governmental sources have described cases of
civilians who were allegedly executed when they resisted becoming porters
for the army or were beaten to death while being used as porters. Two
examples are as follows:
"(a) On 3 November 1994, a 25-year-old man was reportedly shot when
fleeing from troops belonging to Infantry Battalion Nos. 62 and 31, under
the command of Captain Aye Min, coming to arrest villagers for portering in
Kawgo village, Mon state;
"(b) In March-April 1995, two porters, aged about 30 and 50 years
respectively, were beaten to death by soldiers belonging to Battalion No.
104 for requesting water after supplies had been cut during a battle near
Ka Neh Lay.
"5. The army is also reported to have executed civilians for failure to
provide services demanded. These may include labour, food, money or arms.
For example, at 8 p.m. on 11 September 1994, Local Infantry Battalion No.
33, Infantry Battalion No. 27, Company 1 (Battalion Commander Chit Thaung,
Second-in-Command Zaw Myint and Company 1 Commander Captain Win Tint)
reportedly entered Kyaun See village in Mon state and opened fire on
villagers running away for fear of being conscripted as porters. Three men
(aged 18, 21 and 23 years respectively) were reportedly arrested. At 4
a.m., on 12 September 1994, the 21-year-old man was reportedly stabbed with
a knife in the throat. It was reported that the 23-year-old man's nose was
cut off, and that he was stabbed in the eyes and both ears. The 18-year-
old man's teeth and left arm were broken and the left side of his face was
cut with a knife. It was reported that the three men died in custody.
"6. The Special Rapporteur would appreciate receiving information
describing any investigations into the above allegations undertaken by the
Government. Please detail any steps taken internally by the military or by
the civilian authorities, legal or otherwise, to prevent or curtail the
occurrence of extra-judicial executions in contravention of article 3 of
the Universal Declaration of Human Rights and article 3 common to the Four
Geneva Conventions of 12 August 1949. Please indicate whether any military
personnel have been tried and sentenced, dismissed from duty or otherwise
sanctioned for their part in any verified violations; whether the Code of
Criminal Procedure provides for sanctions for theses violations, what
remedies it may provide for the relatives of the victims and if any such
petitions have been brought and to what effect.
"B. Arbitrary arrest and detention
"7. The Government of Myanmar continued to release political prisoners in
1995, although the exact numbers could not be verified. According to
information provided by the Government of Myanmar, 31 detainees were
released from various jails on 15 March 1995 as a gesture honouring the
Golden Jubilee Armed Forces Day. The Special Rapporteur welcomed this
decision and on 24 March 1995 addressed the following letter to the
Minister for Foreign Affairs of Myanmar:
'In my capacity as Special Rapporteur, I welcome the decision taken by
the Myanmar authorities to release, on 15 March 1995, 31 detainees from
various centres of detention in Myanmar. I am particularly pleased to note
that among these detainees were two prominent political party leaders from
the National League for Democracy (NLD), U Kyi Maung and U Tin Oo, whom I
met in Insein Prison during my two previous visits to your country in 1993
and 1994.
'As Special Rapporteur, I believe that the release of these persons is an
encouraging step towards national reconciliation and the democratization of
Myanmar. In this connection, I trust that their release is without
condition. I also hope that this recent decision will be followed in the
near future by the unconditional release of all other persons who remain in
detention on account of their opinions.'
"8. However, the Special Rapporteur has continued to receive reports from
reliable sources indicating that Myanmar citizens (especially political
party leaders) continue to be subject to restrictions on their liberty,
especially freedoms of expression and association.
"9. According to several reliable sources, on 2 June 1995 the Myanmar
authorities again arrested U Kyi Maung, a retired Colonel and leading
spokesman for NLD, who had been freed on 15 March 1995 after having been
imprisoned for about five years. It is further reported that the
Government of Myanmar released U Kyi Maung on condition that he would not
become involved in any political activity or not contact journalists or
foreign diplomats. It was reported that U Kyi Maung had been placed in
detention shortly after he held talks with the British Ambassador to
Myanmar. According to information received, U Kyi Maung was arrested with
the following persons: U Tun Shwe (a former diplomat), U Thu Wai (former
Chairman of the opposition Democracy Party, which no longer exists),
Professor Than Hla (former Rector of Yangon University), U Aye Maung
(friend of Professor Than Hla), U Chit Tun (former journalist for the
Financial Times (London) and United Press International (UPI)) and Ma
Theingi (former private secretary to Daw Aung San Suu Kyi). According to
information received by the Special Rapporteur, Ma Theingi was released on
3 June, U Chit Tun was released shortly thereafter, and U Kyi Maung and the
others were released on 8 June 1995.
"10. In mid-June 1995, U Tun Shwe (a veteran politician), U Thu Wai (former
Chairman of the Democracy Party) and U Htwe Myint (Vice-Chairman of the
Democracy Party) were rearrested and taken to Insein Prison where they are
said to have been sentenced, during a summary trial, to seven years'
imprisonment. All three had served prison terms of various duration in the
past for their non-violent political activity. The charges on which they
were convicted are not known, but it was reported that the three men met
regularly with resident foreigners.
"11. In addition to the above allegations, the Special Rapporteur has
received a list of 15 members of parliament (MPs) still detained as of July
1995. They are:
U Ohn Kyaing, MP-elect for Mandalay South-east-2
U Tin Htut, MP-elect for Einme-1
U Win Hlaing, MP-elect for Tatkon-2
U Saw Naing Naing, MP-elect for Pazundaung, Yangon
U Tin Aung Aung, MP-elect for Manalay North-west-1
Dr. Zaw Myint Aung, MP-elect for Amarapura-1
Dr. Myint Aung, MP-elect for Latha
Dr. Zaw Myint, MP-elect for Henzada-2
U Mya Win, MP-elect for Ingapu-1
U Hla Than, MP-elect for Coco Islands
U Tin Soe, MP-elect for Kyauktada
U Saw Win, MP-elect for Htilin
U Hla Tun, MP-elect for Kyimyindine, Yangon
U Khin Maung Swe (released on 1 May 1992, rearrested in August 1994)
U Sein Hla Oo (released on 1 May 1992; rearrested in August 1994)
"12. With regard to political leaders deprived of their liberty, the
Special Rapporteur would appreciate the Government providing a copy of the
list of persons in detention and of those released during the course of
1995, indicating which among these persons were/are active members of
political parties and those who stood for the general elections of 1990.
"13. Allegedly because of the high level of intimidation discouraging open
political activity, detention for public anti-government activities appears
year after year to be less and less frequent. Nevertheless, the Special
Rapporteur continues to receive allegations. For example, it has been
alleged that on 20 February 1995, during a march celebrating the funeral of
former Prime Minister U Nu, around 50 young activists were arrested. Among
the group, the Special Rapporteur has received the names of the following
persons: Moe Kalayar Oo, Aye Aye Moe, Yi Yi Tun and Cho Nwe Oo (all four
being female students); Maung Maung Oo (a male student who was allegedly
badly beaten when he was arrested by the military intelligence agents);
Maung Maung Win (also known as Mye-Latt); Moe Maung Maung; and Moe Myat Thu
(who is reportedly a student aged 26 who was a close associate of Daw Aung
San Suu Kyi). Moe Myat Thu was reportedly arrested on 20 July 1989 and
spent three years in Insein Prison before being released on 27 April 1992.
It is alleged that he was badly beaten when he was arrested by the military
intelligence agents. According to several sources, the above-mentioned
persons may have chanted slogans during the funeral, but did not engage in
any violent activity.
"14. Reports from various sources continue to describe how an unknown
number of civilians have been arrested as suspected insurgents (or
sympathizers thereto) and how they remain detained in the countryside
prisons, especially in the regions of the country with predominantly non-
Burman population. On 20 March 1995, the following persons were allegedly
arrested at Tachilek: Nang Han Ny from Murng Koo village; Ai Mon from Nuam
Kham; I Yi, along with two other unidentified men and two unidentified
women. In addition, information has been received concerning Ai Yi Long
and Ai Long, who were reportedly arrested on 3 April 1995. It is reported
that these persons are held at No. 24 Intelligence Camp near Ba Suk
Village, where Battalion No. 331 of the State Law and Order Restoration
Council's army is based. It is further reported that all those arrested
were injured upon arrest. It is alleged that Ai Mon had one ear cut off in
front of local people, that Ai Yi had his nose cut and that Nang Han Ny was
beaten on the body. Ai Yi Lung and Ai Ling were said to be held at the
local police station under suspicion of involvement with the Mong Tai Army.
All those arrested are said to be civilians.
"15. The Special Rapporteur would appreciate the Government providing
information regarding the detained persons described above, their places of
detention, the formal charges lodged against them, the judicial guarantees
accorded them before, during and after trial, the sentences received and
whether these persons are allowed regular visits by their families and
legal counsel. In addition, the Special Rapporteur would appreciate being
informed of all steps taken by the Myanmar authorities to ensure the
detained persons' rights to physical integrity.
"16. The Special Rapporteur welcomed with great satisfaction the
announcement, made on 10 July 1995, that restrictions on Daw Aung San Suu
Kyi had been lifted by the Government of Myanmar and that she had been
released. Following this announcement, the Special Rapporteur addressed,
on 11 July 1995, the following letter to the Minister for Foreign Affairs
of the Union of Myanmar:
'I have the honour to address you in my capacity as Special Rapporteur on
the situation of Human Rights in Myanmar, appointed by the Chairman of the
Commission on Human Rights, pursuant to its resolution 1995/72.
'As Special Rapporteur, I welcome the announcement made by Myanmar
authorities, on 10 July 1995, to release Daw Aung San Suu Kyi. In this
connection, I trust that her release is without condition and will enable
her fully to enjoy her liberty and personal freedom in accordance with
international human rights standards.
'As Special Rapporteur, I believe that this decision will be very much
welcomed and appreciated by the international community and could well form
a basis for constructive dialogue and wider progress on the question of
human rights in Myanmar. I also believe that the release of Daw Aung San
Suu Kyi is a very positive and encouraging step towards national
reconciliation and democratization in Myanmar.
'On this occasion, I would also like to express the hope that this recent
decision will be followed in the near future by the unconditional release
of all other persons who remain in detention on account of their opinions.'
"17. Since his appointment in 1992, the Special Rapporteur has followed
very closely the case of Daw Aung San Suu Kyi. In this context, the
Special Rapporteur has challenged the legal basis for the persistence of
the limitations on her rights to freedom of movement, expression and other
equally fundamental rights. At the same time, the Special Rapporteur has
requested the Government of Myanmar to provide him with specific replies to
his inquiries. However, he remains unconvinced by the Government's
arguments in the responses provided. Therefore, in each of his reports and
statements to the General Assembly and the Commission on Human Rights, he
has recommended her release immediately and unconditionally. Prior to
being informed about the announcement of her release, the Special
Rapporteur addressed, on 10 July 1995, the following letter to the Minister
for Foreign Affairs of Myanmar:
'I have the honour to address you in my capacity as Special Rapporteur on
the situation of human rights in Myanmar, appointed by the Chairman of the
Commission on Human Rights, pursuant to its resolution 1995/72.
'In keeping with my commitment to endeavour to accord full consideration
to your Government's views on the substantive issues raised in my mandate,
including both general and specific allegations of human rights violations
by the Government of Myanmar, I would appreciate receiving your
Government's response with regard to the ongoing detention of Daw Aung San
Suu Kyi.
'In a letter dated 5 October 1994, I requested your Government to provide
specific reasons, including reference to precise legal authority, for
keeping Daw Aung San Suu Kyi under house arrest after 20 July 1994, and to
indicate exactly when the Government intends to release her.
'In a note verbale dated 4 November 1994, your Government provided me
with a detailed response concerning the specific legal authority for
keeping Daw Aung San Suu Kyi under house arrest after 20 July 1994.
According to the Myanmar legislation, in the 1975 "Law to safeguard the
State against the dangers of those desiring to cause subversive acts", as
amended in August 1991, it is stipulated under section 10 (b) that a person
may be restrained for up to one year. The same law further stipulates in
sections 13 and 14 the possibility to continue restraint for "a period not
exceeding one year at a time up to a total of five years".
'In the case of Daw Aung San Suu Kyi, your Government has previously
reported that she was restrained in her liberty and effectively placed
under house arrest on 20 July 1989 for an initial period of one year
according to section 10 (b) of the above-mentioned law. According to
section 14 of the said law, the restraints on Daw Aung San Suu Kyi were
continued year by year for the maximum of five years as stipulated in the
law.
'In the light of the above, I understand that there will be no legal
basis under Myanmar legislation for restraining Daw Aung San Suu Kyi after
20 July 1995, assuming her restraint was "necessary" under section 13 of
the above-mentioned Law. If she is not released after this date, her
detention would evidently contravene applicable Myanmar law, irrespective
of any application of the minimum international standards securing liberty
of person, in particular those embodied in the Universal Declaration of
Human Rights, the International Covenant on Civil and Political Rights and
the Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment.
'With due regard to my responsibilities, I appeal to your Government to
ensure her release immediately and unconditionally. In my opinion, the
release of Daw Aung San Suu Kyi would also be a positive and encouraging
step towards national reconciliation and democratization in Myanmar.'
"18. The Special Rapporteur hopes that the decision to release Daw Aung San
Suu Kyi will enable her to enjoy her liberty and personal freedom fully
without any condition or restriction. In this connection, the Special
Rapporteur would like to be informed if Daw Aung San Suu Kyi will be
participating in the National Convention which, according to information
received, will reconvene on 24 October 1995.
"19. The Special Rapporteur is concerned after the announcement made on 16
June 1995 by the International Committee of the Red Cross (ICRC) to
withdraw from Myanmar because ICRC's standard requirements for visits to
places of detention (i.e., that it meet prisoners in private, have access
to all prisons and be assured of repeated visits) were rejected by the
Myanmar authorities. The non-acceptance of ICRC's customary procedures for
visits to places of detention followed by this well-recognized organization
in all other countries where it conducts such activities is a negative step
towards amelioration of conditions of detention in Myanmar, especially in
so far as several reports allege ill treatment to be common in Myanmar's
places of detention. Several sources indicate that political prisoners are
generally not given access to proper medical treatment and are sometimes
held in solitary confinement. In this light, the Special Rapporteur would
appreciate receiving an indication from the Government of Myanmar as to
whether it is prepared to resume its dialogue with ICRC and to reach an
agreement with regard to the standards applied by ICRC for visits to places
of detention.
"C. Torture and cruel, inhuman or degrading treatment
"20. The Special Rapporteur has received numerous allegations, often in
considerable detail and from different sources, describing civilians being
subjected to torture or cruel, inhuman or degrading treatment by forces of
the Myanmar military. The allegations include kickings and beatings with
rifle butts or canes on the head and other parts of the body, causing head
injuries, loss of teeth and/or broken bones. Other disturbing reported
methods include submerging victims into water for long periods of time and
pouring hot water over their bodies or into their noses. In some cases,
victims alleged that they had suffered burns and the cutting of parts of
their bodies (e.g., ears and tongue).
"21. According to reports received, torture and ill-treatment would seem to
be a means for the Myanmar authorities to punish citizens who do not comply
with their orders. It also seems to be a common method to extract
confessions from civilians suspected of real or perceived anti-Government
activities. The most vulnerable populations are detainees, village headmen
(who are responsible to the authorities on behalf of their entire
villages), porters in the course of their duties and civilians living in
areas of insurgency. Women are said to be subjected to sexual abuses. It
has also been reported that some victims of torture have to pay bribes to
avoid such treatment.
"22. The following are some examples of the allegations received:
"(a) On 27 December 1994, Captain Htun Way from Battalion No. 376,
Company 1, allegedly arrested a village headman in Plat Wa township, Chin
state. According to the source, the headman was asked to provide
information about persons having passed through his village. He was tied
up when he could not give the information demanded. He was then repeatedly
submerged into water and subsequently punched, beaten with a rifle butt and
kicked. His nose and one rib were broken;
"(b) A former porter (aged 56) who served under Battalion No. 60
described how, on 8/9 February 1995, an officer from Battalion No. 48
allegedly poured hot water over a group of five porters at Baw Ser Ko for
attempting to escape. According to the same source, another officer beat
their legs 'like he was minced meat'. It was reported that the porters
were also beaten around their waists and faces, and some of them, as a
consequence, lost their teeth;
"(c) On 11 February 1995, two soldiers from Heavy Artillery No. 264, one
of whom was an officer, allegedly put a jacket around a porter's neck and
started pulling him along when he could not carry any more. He was beaten
and kicked and had his walking stick broken over his back. He was
abandoned on the road;
"(d) It was also reported that in the third week of December 1994,
soldiers of Infantry Battalion No. 62 were ordered by their commander to
torture a 50-year-old man in Hlainkhani village, Mon state, on suspicion of
having let rebels stay on his land. He was repeatedly immersed in a water
pool and beaten with rifle butts and combat boots;
"(e) On 1 January 1995, soldiers from Local Infantry Battalion No. 410
allegedly abducted a group of women of varying ages from Kaw Zar village,
Mon state, and took them to Paukpinkwin village in order to rape them;
"(f) On 21 February 1995, soldiers of Infantry Battalion No. 62, under
the command of Major Ohn Myint, reportedly entered Pee Setan village, Kayin
state. A 52-year-old man was arrested and had his wrists tied behind his
back. Soldiers kicked his head (causing head injuries) and chest and beat
him with a stick. They then walked on him and rolled bamboo up and down
his shins. His head was forced back, a thin piece of cloth was put on his
face, whereafter water was poured into his nose. His wife was arrested
when the soldiers took him back to his house. Her wrists were tied behind
her back and soldiers walked on her legs. Her face was then covered with
plastic and water was poured into her nose. The wife was later released,
but the husband was taken to another village, where he was released the
following day against a ransom;
"(g) On 23 March 1995, at 2 a.m., troops from Local Infantry Battalion
No. 62 allegedly came to Kwankhabawe village, Mon state, and arrested one
woman and two men, accusing them of supporting the Mon troops. Their heads
were covered with plastic bags, and water was poured over them. The
torture went on for about an hour, after which the three victims were tied
up and brought to Htonemine village, where another two villagers were
arrested and accused of having been in regular contact with the Mon troops.
These two villagers were subjected to the same form of torture as those
from Kwankhabawe, after which all of them were taken to Klortsot village,
where they were detained and reportedly tortured for four days. The
victims were released against ransoms of 25,000 Kyats each;
"(h) On 22 August 1994, soldiers from Local Infantry Battalion No. 408
reportedly arrested a 56-year-old man in Ah Lae Sa Khan village, Ye Phyu
township, and accused him of having contacts with rebels and passing
information to them. His ears were cut off, his nails were driven through
his hands and legs and his tongue was cut out. The victim died when nails
were driven through the crown of his head;
"(i) On 10 January 1995, at Manerplaw, Sergeant Toe Toe of Local Infantry
Battalion No. 205 allegedly beat and cut with his bayonnet the flesh of the
hands of a 24-year-old porter trying to protect his friend who was too weak
to porter. The friend, an 18-year-old man, was then executed by Sergeant
Toe Toe, who stabbed him with a bayonnet after having tied his mouth with a
cloth.
"23. The Special Rapporteur would appreciate the Government providing
responses to the above allegations and indicating what steps have been
undertaken to comply with the prohibition against these practices as
encompassed by article 5 of the Universal Declaration of Human Rights,
article 3 common to the four Geneva Conventions of 1949, the Body of
Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment (General Assembly resolution 43/173 of 9 December 1988), and
the Declaration on the Protection of All Persons from Being Subjected to
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(General Assembly resolution 3452 (XXX) of 9 December 1975). The Special
Rapporteur would also appreciate being informed of any independent
investigations that may have been carried out in regard to these
allegations, whether any military or security personnel have been tried and
sentenced, dismissed from duty or otherwise disciplined for their part in
any established violation.
"D. Forced labour
"24. The Myanmar Government reportedly made extensive use of various forms
of forced, unpaid labour for a variety of development projects aimed at
building the infrastructure of the country. Various sources have reported
an especially extensive use of forced labour in relation to several
completed or ongoing railway construction projects. Railway lines under
present construction are, reportedly: the Pakokku-Gangaw-Kalemyo-Tamu
Line, the Pakokku-Myaing-Gangaw-Kalay line and the Ye-Tavoy line. People
are allegedly not only forced to contribute their labour to these and other
projects, but also to contribute materials. No compensation is said to be
paid by the Government. For example, in Zin Kalee area, it was reported
that people were asked to bring 24 tins of rice, 100-150 kyats in cash,
pick-axes, mattocks and hoes. Some people had to obtain these tools by
selling their clothing and other properties. It was further reported that
civilian trucks were conscripted and never paid for, and all workers had to
spend their own money for food and transportation. The labourers also had
to combine their resources to pay for the rental of bulldozers. In
addition, those who were assigned to night-shift duty had to rely on their
own resources for electricity.
"25. The Myanmar Government has proclaimed 1996 as 'Visit Myanmar Year'.
Although this could be viewed as a general sign of the opening up of the
country, human rights concerns have been expressed. Many of the measures
that the Government has taken to prepare the country for foreign tourists
reportedly constitute violations of human rights. Forced labour has
allegedly been used to restore some of the tourist sights (e.g., Mandalay
Palace) and to upgrade the infrastructure (e.g., railways, roads and
airports). For example, it is alleged that people working for 'The Mong
Kwan Electric Power Plant' (which is being constructed approximately 10
miles south of Kengtung in Eastern Shan state) are expected to contribute
as many as 60 days labour for the project throughout the year. It is
further reported that they are also expected to provide their own food.
"26. In connection with the recent conflicts between the Myanmar Army and
insurgent groups in Karen state, several sources have reported an increase
of forced portering for the military. The Army has reportedly rounded up
porters of all ethnic and religious backgrounds from villages and towns as
far south as Mon state. The porters are said to have been taken from the
streets, trains, movie theatres and even from their homes. The reports on
portering allege physical abuse, appalling living conditions and arbitrary
killings of porters who are unable to perform their tasks. For example, a
former farmer from Grit Kote village, Pauk Kong Township, Pegu division,
who allegedly escaped from portering, described how he had been arrested
together with 10 other people from the same village by Local Infantry
Battalion No. 66 on his way back from a video show. According to his
testimony, there were about 200 porters when they started moving from
Thaton, including 15 women. When they reached Papun, they were ordered to
carry food supplies (60 kilograms of rice rations), munitions and artillery
shells.
"27. The Special Rapporteur would appreciate receiving the Government's
response to the above allegations indicating what measures have been taken
to comply with the obligations under International Labour Organization
(ILO) Convention No. 29 prohibiting the practice of forced portering and
other forced labour and what rights of redress are available to victims of
such practices.
"E. Insurgent activities at the Thai/Myanmar border areas
"28. The Manerplaw area has long been a stronghold from where the Karen
National Union (KNU) has conducted insurgent activities. Other opposition
groups have reportedly also operated inside Myanmar from Manerplaw. In
December 1994, the Myanmar Government reported that a breakaway faction of
KNU had formed the Democratic Kayin Buddhist Organization (DKBO).
"29. Following the fall of Manerplaw and Kawmoora (both strongholds of KNU)
in January and February 1995, several sources reported widespread human
rights abuses, e.g., reprisals against civilians following insurgent
ambushes, looting and forced relocations. As a result of the unrest in the
areas, over 10,000 persons belonging to the Karen minority reportedly fled
over the Thai/Myanmar border. Preoccupied by this situation, the Special
Rapporteur addressed, on 30 January 1995, the following letter to the
Minister for Foreign Affairs of Myanmar:
'I would like to draw your attention to the situation which is currently
prevailing along the Thai/Myanmar border. According to several reliable
sources, the Myanmar Government has launched a largescale military
offensive in the Kayeni area along large stretches of the Thai/Myanmar
border. The sources claim that the offensive is directed at ethnic
nationalities and student camps along the border, and that over 30,000
well-armed soldiers from the Myanmar Army are taking part in the offensive.
The civilian population in the area is said to be fleeing and seeking
refuge across the border. The Myanmar Army is said to be positioned
immediately across the river from the refugee village Htoo Wah Lu.
Refugees also fear that they will not be allowed to enter Thailand to
escape the hostilities.
'These reports appear to contradict the statements made by your
government representatives in Myanmar during my previous visits. I have
understood that your Government is committed to the policy of strengthening
national unity and solidarity and therefore is pursuing a policy of
national reconciliation which seeks to return to the legal fold all
minority groups with which the Government is presently in conflict. As a
first step towards national reconciliation, I have also understood that
your Government is seeking to obtain peaceful settlements through
negotiated cease-fires.
'Given the above, you will understand my preoccupation with these
reported incidents which would seem to constitute serious human rights
violations against civilians and, in particular, an ethnic minority.'
"30. At the time of the armed conflict in the Manerplaw area, between the
Myanmar Army and Karen armed groups, the Special Rapporteur issued a press
release (HR/954 of 7 February 1994) expressing his concern that 'the
prevailing situation might give rise to serious human rights violations
affecting both the local population and captured members of Karen armed
groups'. The Special Rapporteur was also 'concerned that vulnerable
civilians, in particular women and children and the sick and wounded, may
have special humanitarian needs'. He called upon the Government 'to
resolve peacefully its difficulties with ethnic minorities and to take all
appropriate measures to ensure respect for human rights and humanitarian
obligations in this region'.
"31. Since 19 April 1995, DKBO, apparently accompanied by the Myanmar Army,
has reportedly launched several attacks on Karen refugee camps located in
Thailand in order to force the refugees to return to Myanmar. Numerous
refugees are said to have been killed, the material damage inflicted on the
camps and also on nearby Thai villages is said to have been extensive and
some refugees are reported to have been forcibly abducted to Myanmar.
Several sources indicate that representatives of the Government of Myanmar
regularly meet with DKBO leaders and that the Government has provided
financial and military assistance to DKBO. The connection between the
Myanmar Government and DKBO is not clear, but the Government reportedly
admits to having assisted the Democratic Kayin Buddhist Army with
logistical support. In this regard, the Special Rapporteur addressed the
following letter on 29 May 1995 to the Minister for Foreign Affairs of
Myanmar:
'In my capacity as Special Rapporteur, I would like to express my
particular concern about the current situation along the Thai/Myanmar
border. Since the fall of KNU bases at Manerplaw in January 1995 and
following the split in KNU in December 1994, several reliable sources have
reported that DKBO has committed widespread human rights abuses, e.g.,
reprisals against civilians following insurgent ambushes, looting and
forced relocations. As a result, over 10,000 persons belonging to the
Karen minority have reportedly fled over the Thai border. Some refugees are
reported to have been forcibly abducted back to Myanmar.
'In a letter dated 13 February 1995 from the Permanent Representative of
Myanmar to the United Nations Office at Geneva addressed to the Assistant
Secretary-General for Human Rights, your Government acknowledges that the
Tatmadaw provided necessary logistical support to DKBO.
'With due regard to my responsibilities, I appeal to your Government to
use all the necessary means to ensure that DKBO ceases its attacks on
refugees in Thailand and its reprisals against civilians in Myanmar, and
that individuals abducted from refugee camps in Thailand are released. I
also call upon your Government to protect and guarantee security and safety
for the civilians who are returning either voluntarily or forcibly from
Thailand to their country and also to investigate, prosecute and punish
agents responsible for such violations.
'I look forward to receiving your Government's comments on these
matters at its earliest convenience.'
"32. On 13 June 1995, the Minister for Foreign Affairs of Myanmar addressed
the following letter to the Special Rapporteur:
'On behalf of the Minister for Foreign Affairs of Myanmar, I have the
honour to refer to your letter of 29 May 1995, addressed to the Minister
for Foreign Affairs of Myanmar, expressing your concern about the current
situation along the Thai/Myanmar border.
'In this connection, I should like to respond to your letter and to
apprise you of the true situation and recent events that have occurred in
some of the so-called KNU refugee camps in Thailand, and in certain border
areas of Kayin state of the Union of Myanmar.
'As you are fully aware, the discontent of those within KNU who wanted
to live in peace and see the development of their region led to the
formation of DKBO towards the end of 1994. When KNU forces still loyal to
Bo Mya launched a massive offensive against DKBO, during which hundreds of
people including civilians were killed, the local inhabitants requested
assistance from the Myanmar Armed Forces.
'In connection with DKBO's sincere and genuine desire for peace and
stability of the region, which falls in line with the objectives of the
Government, the Myanmar Armed Forces provided necessary logistic support
while DKBO launched its assault on KNU camps and units of the Armed Forces
secured the rear with the aim of protecting nearby villages from attacks by
KNU remnants.
'Since the fall of KNU camps along the border to DKBO forces, peace
and security have been restored in these areas and Kayin nationals who were
living in the "refugee" camps of KNU in Thailand are returning to Myanmar,
in spite of attempts by KNU to hinder their return. The people in the
camps are family members, relatives and sympathizers of KNU, DKBO and a few
other armed groups. As of today, more than 10,000 persons have returned to
Myanmar and more are expected to return.
'The people who have returned to Myanmar are given a warm welcome by
officials and the local populace, and are settled systematically in their
villages. All necessary assistance, such as shelter, food, clothing and
medical care, are being provided to them. The main village, Kamamoung, is
being upgraded to a township village level and Myaing-Gyi-ngu is being
rebuilt as a model village. Amenities such as housing, police station,
hospital and health clinics and primary schools are being developed. Steps
are also being taken to alleviate poverty, such as help to the villagers in
land cultivation and agriculture. Most importantly, the security of the
returnees has been protected and consolidated by the authorities.
'Armed clashes have broken out at times between the forces of KNU and
DKBO entering the camps, and preventing DKBO from taking relatives and
families back to Myanmar peacefully.
'As the Government has not yet held any official peace talks with DKBO,
and as DKBO still has yet to return to the legal fold, the Myanmar
authorities have no control over DKBO, and are not responsible for their
activities. The incidents that have occurred recently at the KNU "refugee"
camps and in certain areas of Kayin state arise from conflicts between the
Kayin armed groups. The Government of Myanmar does not play any part in
these matters.
'The Government of Myanmar cannot and should not be held responsible
for the alleged human rights violations that occur beyond the control and
jurisdiction of the Myanmar authorities and that are allegedly perpetrated
by individuals belonging to an armed group over which it has no control.
'As such, the Government of Myanmar is unable to comprehend your
concern about the current situation along the Thai/Myanmar border.'
"33. The Special Rapporteur would appreciate receiving from the Government
indications about the situation currently prevailing along the Myanmar/Thai
border, whether the Government of Myanmar has signed a peace agreement with
DKBO and what is the status of peace talks between the State Law and Order
Restoration Council (SLORC) and KNU. In pursuance of its policy to
continue to extend its peace offer to those groups who join the legal fold,
the Special Rapporteur would appreciate knowing if the New Mon State Party
will be participating in the National Convention now that it has agreed to
a cease-fire with SLORC.
"F. The situation of women
"34. The Special Rapporteur addressed the question of violations of the
rights of women in his reports of 17 February 1993 (E/CN.4/1993/37, paras.
77, 78, 95 and 96), 16 February 1994 (E/CN.4/1994/57, para. 49) and 28
October 1994 (A/49/594, para. 9 (14)).
"35. Traditionally, women in Myanmar appear to have enjoyed equal rights
with men. This tradition enables women to participate equally in the
development of the economy. Employment opportunities for women are said to
be good, and it is reported that 40 per cent of the total labour force in
Myanmar consists of women.
"36. With regard to human rights violations, it appears that women are
generally treated less harshly than men. Some of the allegations received
indicate, however, that women are not spared from torture, ill-treatment,
arbitrary detention, summary execution, portering or other forced labour.
"37. The Special Rapporteur has continued to receive information from
various sources describing sexual or sex-related violations committed by
representatives of the authorities against women. These include the
undressing of women in public, touching breasts or sucking nipples, raping
and gang-raping women individually or in groups. The rape of women serving
in forced labour camps or as porters is said to be common. Some of the
allegations received indicate that soldiers view rape as a right, and that
sometimes it is encouraged by officers. It has also been alleged that
women are sometimes singled out for portering or other forced labour in
order to be raped. No consideration is reportedly being shown to the
victim's marital status or condition of pregnancy. Soldiers are said to
prefer young, unmarried girls. Some examples of allegations received are
as follows:
"(a) In the evening of 25 September 1994, members of a joint military
column of Local Infantry Battalion Nos. 206 and 208, under the command of
Nyi Nyi Aung, were said to have intimidated a woman in Mi Ka Tit village,
Kayin state, and ordered her to strip off her sarong and to uncover the
lower part of her body;
"(b) On 1 January 1995, troops from Local Infantry Battalion No. 410
allegedly entered Ta Yoke Taung village, Ye township, and raped five women,
one of whom was pregnant at the time;
"(c) In October 1994, the SLORC local council of Pong Kyun quarter,
Tavoy, allegedly ordered a woman who was six months pregnant to contribute
labour at the Zim Bar construction site in lieu of her sick husband. She
was apparently assigned to dig an earthen pit. Other pregnant women were
allegedly also contributing labour to the construction site, and some
suffered miscarriages as a result. The women at the site were aged between
15 and 65 years.
"38. The Special Rapporteur would appreciate receiving a description of any
investigations into these allegations undertaken by the Government, and
information as to whether any military personnel have been tried and
sentenced, dismissed from duty or otherwise sanctioned for their part in
any verified violations. The Special Rapporteur would further appreciate
knowing whether the Government of Myanmar intends to become a party to the
Convention on the Elimination of All Forms of Discrimination against
Women."
IV. RESPONSE OF THE GOVERNMENT OF MYANMAR TO THE
MEMORANDUM OF THE SPECIAL RAPPORTEUR
13. By a note verbale dated 4 October 1995, the Permanent Mission of
Myanmar to the United Nations Office at Geneva transmitted the responses of
the Government of Myanmar to the summary of allegations received by the
Special Rapporteur.
14. The following is the full text of the Government of Myanmar's response
to the summary of allegations received by the Special Rapporteur:
"Observations and rebuttals on the summary of allegations
"A. Allegations of summary or arbitrary execution
"C. Allegations of torture and cruel, inhuman or degrading
treatment
"1. No instances of summary or arbitrary execution can be permitted in
Myanmar and no provision is made in the law for such.
"2. Torture and other cruel, inhuman or degrading treatment are also
illegal in Myanmar.
"3. Under section 330 of the Penal Code, whoever voluntarily causes hurt
for the purpose of extorting confession shall be punished with imprisonment
for a term which may extend to seven years and shall be liable to fine.
Under section 24 of the Evidence Act, a confession made by an accused
person is irrelevant in a criminal proceeding, if the making of confession
appears to the court to have been caused by any inducement, threat or
reward.
"4. Under section 43 of the Police Act, whoever tortures any detainee is
liable to both imprisonment and fine. Under the Myanmar Police Manual,
police officers of all ranks are rigorously required not to do anything
that might tarnish the image of the police force, even by the slightest
show of harshness or violence in the treatment of persons in custody. The
maltreatment of defenceless persons will lead to the dismissal of the
guilty police officer.
"5. Members of the Armed Forces have to observe strictly not only the
Defence Services Act and the Defence Services Rules, but also the Civil and
Criminal Procedures. A member of the Armed Forces who breaks the law is
punished both by the military and civil courts. According to the Defence
Services Act, murder and rape are crimes for which the maximum sentence of
the death penalty can be meted out.
"6. It is therefore clear that torture and other cruel, inhuman or
degrading treatment are prohibited by the relevant laws in Myanmar.
"7. In Myanmar, legal action is always taken and punishment meted out to
those who are proved guilty of committing any crime. This also applies to
members of the Security Forces. As in any country there exist some cases
of members of the Armed Forces who break the law and legal action has been
taken against them. In this regard, specific cases in which action was
taken against those members of the Armed Forces who violated the law in
various instances have been provided to the Special Rapporteur by the
Government of Myanmar to help dispel misconception and false allegations
that no action is taken against members of the Armed Forces who break the
law.
"8. With regard to the examples of allegations contained in sections A and
C of the summary of allegations, no reports from the civil or military have
been received and no information about the alleged incidences has been
received from the local populace. They are unfounded allegations
originating from sources outside the country bearing ulterior political
motives.
"B. Allegations of arbitrary arrest and detention
"9. In Myanmar, a person cannot be arrested and detained if it is not in
accordance with the law. It is provided in section 61 of the Code of
Criminal Procedure that no police officer shall detain in custody a person
for a period exceeding 24 hours. Where it is necessary to detain such an
accused for more than 24 hours, a special order of a magistrate has to be
obtained under section 167 of the Code of Criminal Procedure. The arrested
person has the right of defence and the right to have legal defence
counsel. Moreover, the arrested or detained person has the right to apply
freely for bail to the magistrate concerned and the court may grant him
bail according to the merits of the case.
"10. Provision is made under section 40 of the Prisons Act for the
admission, at proper times and under proper restrictions, into every prison
of persons with whom civil or unconvicted criminal prisoners may desire to
communicate, care being taken that, so far as may be consistent with the
interests of justice, prisoners under trial may see their duly qualified
legal advisers.
"11. Provisions such as section 330 of the Penal Code, section 24 of the
Evidence Act and section 43 of the Police Act are enacted to protect a
person under detention from torture and inhuman treatment.
[Reference: paragraph 10]
"12. U Tun Shwe, U Thu Wai and U Htwe Myint were charged under section
5(j) of the Emergency Provisions Act for collecting and distributing anti-
government seditious pamphlets, and were sentenced to seven years'
imprisonment on 3 July 1995 after due process of law. Action was taken
against these individuals not because of their contacts with resident
foreigners as alleged, but because they transgressed existing laws.
[Reference: paragraph 11]
"13. Legal action has been taken against certain representatives-elect for
their infringement of the existing laws of the country. Information with
regard to the cases of 15 individuals mentioned in the summary of
allegations is provided as follows:
"(a) U Ohn Kyaing (Mandalay South-east-2)
"Sentenced to seven years' imprisonment on 17 October 1990 for sending a
letter defying the authority of the Government;
"Sentenced to 10 years' imprisonment on 15 May 1991 for co-authorship
of a seditious paper entitled 'Three Ways to Attain Power';
"(b) U Tin Htut (Einme-1)
"Sentenced to seven years' imprisonment on 15 May 1991 for co-
authorship of a seditious paper entitled 'Three Ways to Attain Power';
"(c)U Win Hlaing (Tatkon-2), U Naing Naing (Pazundaung), U Mya Win
(Ingapu-1) and U Hla Tun (Kyimyindine)
"Sentenced to 10 years' imprisonment on 30 April 1991 for their
involvement in organizing a meeting for setting up an illegal parallel
Government;
"(d)U Tin Aung Aung (Mandalay North-west-1), U Zaw Myint Aung
(Amarapura-1), U Zaw Myint (Henzada-2) and U Hla Than (Cocos Islands)
"Sentenced to 25 years' imprisonment on 30 April 1991 for their
involvement in organizing a meeting for setting up an illegal parallel
Government;
"(e)Dr. Myint Aung (Latha)
"No person by the name of Dr. Myint Aung has been detained;
"(f)U Tin Soe (Kyauktada)
"Sentenced to two years' imprisonment and was fined 300 kyats on 25
August 1993 for criminal trespass into U Khin Maung Htay's premises at No.
107, Myanma Gon Ye Street, Mingala Taung Nyunt Township in October 1992.
In the course of a squabble between them over the sale of an apartment, U
Tin Soe used abusive language and took photographs without the latter's
express consent. U Khin Maung Htay reported the incident to the Mingala
Taung Nyunt Police Station, whereby U Tin Soe was charged by the police
under sections 447, 294 and 506 with criminal trespass. The court found him
guilty of the charge;
"Released from detention on 9 March 1995 upon completion of his
sentence;
"(g)U San Win (Htilin)
"Sentenced to 11 years' imprisonment on 23 August 1991 for
misappropriation of teakwood which was to be supplied to the Thanlyin
bridge project;
"(h)U Khin Maung Swe and U Sein Hla Oo
"Sentenced to seven years' imprisonment on 6 October 1994 for their
collaboration with Dr. Khin Zaw Win in writing and distributing false news
that would jeopardize the security of the State.
[Reference: paragraph 13]
"14. With regard to the allegation that 50 young activists were arrested at
the funeral of former Prime Minister U Nu, only 9 persons, namely Aung
Zeya, Tin Than Oo, Nyunt Myaing, Moe Maung Maung, Maung Maung Oo, Moe Myat
Thu, Moe Kalayar Oo, Cho Nwe Oo and Aye Aye Moe, were taken into custody.
Action is being taken against them under section 5(j) of the 1950 Emergency
Provisions Act for having created disturbances at the funeral with the aim
of disrupting it and for having instigated the people to unrest. Yi Yi Tun
and Maung Maung Win were not detained as alleged.
"15. There should exist no anxiety or fear of torture or ill treatment in
detention as such practices are strictly prohibited in the Prison Manual
and the Police Act, and the authorities concerned scrupulously follow the
regulations laid down.
[Reference: paragraph 19]
"16. The health of the prisoners serving sentences is taken care of by
prison medical officers. When emergency and serious illnesses arise,
arrangements are made for the patients to receive the necessary treatment
at general or specialized hospitals. As such, allegations that certain
prisoners are generally not given access to proper medical treatment is
totally untrue.
"17. With regard to visits by ICRC to places of detention in Myanmar,
negotiations have taken place with a view to signing, at an appropriate
time, a memorandum of understanding between the Government of Myanmar and
ICRC. The Myanmar side has already intimated to ICRC its readiness to
continue ongoing dialogue in this regard. ICRC maintains its regular
contacts and cooperation with the Government and the Myanmar Red Cross
Society through its regional office at New Delhi.
"18. As a party to the Geneva Conventions and as a nation respecting and
adhering to the principles and objectives of the Red Cross Movement,
Myanmar will continue to cooperate with ICRC in the future.
"D. Allegations of forced labour
"19. Since Myanmar regained independence in 1948, various armed groups have
been engaged in armed conflict against successive Governments. Basing
themselves in remote and relatively inaccessible areas, these armed groups
have terrorized and endangered the lives of ordinary citizens of the
nation. In order to protect the lives and property of the civilians, and
in order to maintain peace and security, the Armed Forces of Myanmar have
had to launch military operations against the armed groups. Since the
terrain inhabited by the armed groups is mountainous and thickly forested,
many places are not accessible to motorized vehicles and the Armed Forcers
have had to recruit civilian labourers. The use of labourers in Myanmar
has been practised since the time of colonial rule, during which time laws
in connection with this were promulgated by the colonial rulers. Following
independence, successive Governments have continued this practice according
to the law.
"20. Recruitment and employment of civilian labourers are in accordance
with the Village Act of 1908 and the Towns Act of 1907, and is based on the
following three criteria:
"(a) They must be unemployed;
"(b) They must be physically fit;
"(c) They must be paid a reasonable amount of wages, fixed and agreed
upon beforehand.
"21. The labourers must be paid from the time they leave their respective
homes until they return, on completion of their duty. Apart from daily
wages, they are entitled to receive rail and steamer travelling warrants or
cash to cover the actual cost of transport between their homes and the
operation area. The respective military unit has the responsibility of
providing accommodation, messing and medical cover for the recruited
labourers. Daily wages must be commensurate with those prevailing in the
area. They are never required to accompany the troops to the actual scene
of battle, nor are they exposed to danger. In the unlikely event of loss
of life or limb, they or their families are compensated in accordance with
the Workmen's Compensation Act of 1923.
"22. In order to overcome the problem of having to recruit civilian
labourers by the Armed Forces, amongst other reasons, the Government of
Myanmar has been inviting armed groups to return to the legal fold, as part
of the national reconciliation effort undertaken by the Government. As a
result, 15 of the 16 armed groups have done so, and the problem of having
to use recruited civilian labourers no longer exists in the areas where
these armed groups once operated.
"23. The areas once inhabited by the armed groups that have returned to the
legal fold now enjoy peace and can look forward to being part of the
development activities that are taking place in other parts of the country.
The Ministry for Progress of Border Areas and National Races and
Development Affairs has been able to lay down and to implement programmes
for the development of border areas and national races. To alleviate the
socio-economic conditions of the people in the whole country,
infrastructures for economic and social development in various sectors,
such as transportation, agriculture, forestry, livestock breeding, energy,
water supply, education and health are being developed and upgraded.
Nowhere is this more needed than in the border areas where development in
all fields has lagged behind owing to the presence of the armed groups.
"24. It has always been a tradition in Myanmar culture to donate labour in
the building of pagodas, monasteries, roads and bridges and in the digging
and clearing of wells, ponds, dams and canals. A belief exists that doing
so leads to mental and physical well-being. Those who can afford to donate
money do so while those who cannot, donate their labour. This is all part
of community work that raises the standard of living, both materially and
spiritually. As such, the local populace, members of the local military
units, government servants, as well as members of the armed groups who have
returned to the legal fold, participate enthusiastically and
conscientiously. United Nations agencies, foreign and local non-
governmental organizations are also involved in these projects. The local
populace is already enjoying the benefits of their own endeavours.
"25. For their contribution towards community development, remuneration is
given to the workers either on a piece-rate basis, or at prevailing wage
rates. In some cases, the authorities disburse a lump sum of money to be
used for the benefit of the whole community.
"26. As examples, the following references can be made to the various
railroad projects of how much money the Government has spent for
contributed labour. The following amounts of money have been paid out by
the Government to the local villagers for their contribution of labour:
"(a) Tada U-Myaingthar sector: 1.4 million kyats;
"(b) Aungban-Pinlaung sector: K10 million for the villagers and
K2,843,000 for the compensation of land taken up by the rail line;
"(c) Pinlaung-Loikaw sector: K10 million for the villagers and K912,000
for the compensation of land and houses taken up by the rail line;
"(d) Chaung U-MagyeeBoke sector and Pakokku-Minywa sector: K8.29
million;
"(e) Pakokku-Gangaw-Kalay sector: K30 million;
"(f) Shwenyaung-Namsan sector: K10.38 million;
"(g) Ye-Dawai sector: K12.46 million.
"27. A medical doctor was assigned to each of the sections by the Myanmar
Railways during the construction of rail lines and the Chief Medical
Officer toured the area regularly in order to provide health care for the
local populace. In cases of injuries arising from the construction works,
compensation is paid by the Myanmar Railways to the persons concerned.
"28. The development projects undertaken by the Government are solely for
the benefit of the people of the region. It is the people who live in the
area and who have contributed labour who directly enjoy the fruits of their
endeavours.
"29. It would of course be ideal if the Government did not have to depend
upon the labour contribution of the local populace in order to complete the
projects in their respective areas. Lacking sufficient financial resources
to complete independently projects that would bring development and
progress to areas that would otherwise remain undeveloped, the Government
has had to rely on the means available in order to improve the lives of the
people. The Government does pay for contributed labour as far as its
financial resources permit, and in accordance with prevailing local rates.
If the Government did not try to raise the standard of living of the people
with the means at its disposal, the people would remain victims of the
circumstances in which they would otherwise be bound forever, unable to
raise their standard of living.
"30. There are other projects taking place in Myanmar besides those
pertaining to the improvement of infrastructure. Construction of hotels,
business and commercial centres, and development of holiday resorts
constitute some of the projects taken on as joint ventures, with either
local or foreign companies. Work is undertaken by private construction
companies who hire and employ workers of their choice. These companies
operate within the bounds of a market economy and have to pay the workers
competitively. As for the renovation of monuments of importance to
Myanmar's cultural heritage, the work is so specialized that only highly
skilled workers can be used. These workers command premium rates. Thus,
allegations that forced labour is used in projects that promote tourism and
international trade have no basis of truth.
"31. The ILO Committee of Experts has taken note of the conclusions and
recommendations made by the Tripartite Committee set up by the Governing
Body to examine the representation made by the International Confederation
of Free Trade Unions (ICFTU), alleging non-observance by Myanmar of the
Forced Labour Convention No. 29. The Committee of Experts has accordingly
expressed the hope, with regard to public works projects as well as
regarding porterage services, that the powers vested in the authorities
under the Village Act and the Towns Act will be repealed.
"32. The two laws in question, administered by the General Administration
Department of the Ministry of Home Affairs, are among the list of laws that
were first reviewed on 29 January 1995, and again on 16 May 1995, by a
Board comprising the Deputy Minister for Labour as the Chairman, and with
representatives from the Prime Minister's Office, the Ministry of Foreign
Affairs, the Attorney-General's Office and the General Administration
Department as its members.
"33. The Board found that the two laws were no longer in conformity with
the prevailing conditions in the country, besides not being in line with
the provisions of Convention No. 29. This finding is in agreement with the
conclusion drawn by the Tripartite Committee set up by the Governing Body
of ILO.
"34. Consequently, the Government of Myanmar, in compliance with the
request from the Governing Body, 'to ensure that the relevant legislative
texts, in particular, the Village Act and the Towns Act, are brought in
line with the Convention and to ensure that formal repeal of powers to
impose compulsory labour be followed up in practice and that those
resorting to coercion in the recruitment of labour be punished', has
started the process of amending those two laws.
"35. This development was presented to the Committee on the Application of
Standards at the eighty-second session of the International Labour
Conference by a member of the Myanmar delegation.
"E. Insurgent activities at the Thai/Myanmar border areas
"36. The true situation and recent events that have occurred in some KNU
refugee camps in Thailand and in certain border areas of Kayin state in
Myanmar has been conveyed to the Special Rapporteur by the Minister for
Foreign Affairs of Myanmar in letter No. 252/3-27/29 of 13 June 1995 of the
Permanent Mission of Myanmar, an extract of which appeared in section E of
the summary of allegations.
"37. The Government has not yet held any official peace talks with DKBO,
and as DKBO has yet to return to the legal fold, the Myanmar authorities
have no control over DKBO and are not responsible for its activities. The
presence of government security forces along some sections of the eastern
border are for the prevention of spill-over effects, and to provide
security for local inhabitants who have requested such security assurances,
as various factions of the Kayin armed groups continue to be in conflict
with each other.
"38. The Government of Myanmar, in the spirit of national reconsolidation,
continues to extend its peace offer to the remaining few to return to the
legal fold and to work together with the people and the Government in
building a peaceful and modern State.
"F. The situation of women
"39. According to Myanmar customs and traditional culture, as well as under
State constitutions adopted during consecutive eras, Myanmar women have
always had equal rights with men. Existing laws of the country guarantee
that all citizens, irrespective of race, religion, status, culture, place
of birth or gender, are equal before the law.
"40. Moreover, specific provisions are made in some of the laws in order to
protect women and children, and the following four laws in particular
ensure the protection of the rights of women in Myanmar:
"(a) The Myanmar Buddhist Women's Special Marriage and Succession Act
(1954);
"(b) The Suppression of Prostitution Act (1949);
"(c) The Myanmar Maternal and Child Welfare Association Law;
"(d) The Nursing and Maternity Law.
"41. Provisions are also included in the Penal Code to protect women
against rape, illicit intercourse, torture, causing miscarriage without
one's consent, seduction and enticement.
"42. There are also certain laws which have specific provisions for women
labourers. There are provisions relating to the protection of modesty,
prevention of hazards to life and accidents and the rights of women during
confinement. Protection is given to all women prisoners.
"43. Women in Myanmar are not only protected by such laws and provisions,
they are also protected by Myanmar traditions and customs, as well as
customary law, religious beliefs and practices. Women's rights constitute
human rights and Myanmar women fully enjoy fundamental rights.
"44. Myanmar people are well known for their culture, tolerance and
compassion. In Myanmar society, men and women have a symbiotic
relationship, mutually depending upon one another. They believe that they
have equal and shared responsibilities towards the family and society. The
men have a deep respect for women.
"45. The members of the Myanmar Armed Forces are but the sons and daughters
of Myanmar nationals. They emerged from this society in which they were
born and brought up. How can anyone from this society commit such
outrageous crimes that were mentioned in the summary of allegations?
Neither will such acts be knowingly condoned by persons in responsible
positions.
"46. It is clear that these allegations are unfounded, emanating from anti-
government sources and terrorist groups, with the aim of discrediting the
Government as well as the Armed Forces of Myanmar. In the unlikely event
that there is any truth in these allegations, it can only be repeated that
unless and until the alleged victims bring their cases to the notice of the
authorities concerned, nothing can be done to redress what they claim to
have suffered."
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