HUMAN RIGHTS COUNCIL DISCUSSES SITUATION OF HUMAN RIGHTS IN MYANMAR

The Human Rights Council this morning discussed the situation of human rights in Myanmar, with delegations saying that genuine peace, stability and democratisation in Myanmar could only be achieved through an all-inclusive political process, and the respect for fundamental rights and freedoms.

Responding to the report of Paulo Sergio Pinheiro, Special Rapporteur on the situation of human rights in Myanmar, who presented it in the previous meeting, speakers said, among other things, that it was urgent to create the conditions for a genuinely free and fair political process that could lead to reconciliation in Myanmar and the Government should promote a substantial and all-inclusive political dialogue with the opposition, in a constructive spirit, aimed at starting a process of democratic reforms. Political reform and national reconciliation should be taken forward expeditiously, and should be inclusive and broad-based to include all sections of society, including Daw Aung San Suu Kyi and the various ethnic nationalities.

Many delegations urged the Government to free without delay all political prisoners, including Daw Aung San Suu Kyi, and those arrested and detained as a result of the recent repression of political protests. The authorities should also allow unhindered access for independent observers, including the International Committee of the Red Cross, to all places of detention, and should ensure that conditions of detention met international standards and included the possibility of visiting any detainee. The recent positive developments, particularly the concrete steps undertaken in connection with the roadmap for transition to democracy, the commencement of contacts between the Government and Aung San Suu Kyi, and between the Government and various ethnic groups were welcomed.

Myanmar’s readiness for re-engagement with the international community, including the Human Rights Council, should be duly acknowledged and reciprocated with a constructive approach towards the country, with the hope that the latter would continue on this cooperative path, speakers noted.
The Council should continue to monitor the human rights situation in Myanmar, and ensure that the authorities lived up to the Council’s expectations. Regrettably, the authorities had not taken significant steps to implement the recommendations made by the Council. The authorities were strongly urged to do so without delay, and to allow an independent international investigation into the violent crackdown on peaceful demonstrations by the Security forces. Non-violent solutions that did not imperil the integrity of the country were required.

In concluding remarks on the discussion, Mr. Pinheiro said as Thailand had said, his visit had not been a one shot but the beginning of a process. Nonetheless, he thanked the Government of Myanmar for having received him and enabling him to visit the country. But it was important to discuss the comments made by Myanmar on his report. Mr. Pinheiro thought that the Government of Myanmar had to make at least some concessions to recognise at least some points of his report. He had not invented the facts.


Speaking this morning were the representatives of Portugal for the European Union, India, Canada, Italy, Pakistan for the Organization of the Islamic Conference, China, the Netherlands, Republic of Korea, Malaysia, Japan, Indonesia, Switzerland, France, Bangladesh, Russian Federation, Brazil, United Kingdom, Uruguay, Sri Lanka, Nicaragua, Norway, New Zealand, Thailand, Liechtenstein, Australia, United States, Lao People’s Democratic Republic, Sweden, Viet Nam, Cambodia, Belgium, Chile, Panama and Spain.

Also speaking were the following non-governmental organizations: Indonesian National Commission on Human Rights, in a joint statement with Human Rights Commission of Malaysia; Asian Forum for Human Rights and Development, on behalf of severals NGOs1, International Federation of Human Rights Leagues; United Nations Watch; Reporters Without Borders; Asian Legal Resource Centre; Amnesty International; International Working Group for Indigenous Affairs; International Commission of Jurists; and Human Rights Watch.

The next meeting of the Council will be at 3 p.m. this afternoon, when it will take up the issue of the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, hearing, in this context, a presentation of the report by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Rodolpho Stavenhagen, followed by a presentation of the report by the Special Rapporteur on the protection and promotion of human rights and fundamental freedoms while countering terrorism, Martin Scheinin. The presentations would be followed by an interactive dialogue.

General Debate on Report of Special Rapporteur on Myanmar

FRANCISCO XAVIER ESTEVES (Portugal), speaking on behalf of the European Union, said during the last Special Session of the Council, the European Union had stressed that urgent situations required urgent reactions. In his report, the Special Rapporteur on the situation of human rights in Myanmar, Paulo Sergio Pinheiro, stressed that his mission could not be considered as a fully-fledged fact-finding mission, as the conditions for an independent and confidential investigation mission would require a different framework and the need to carry out follow-up missions. The European Union was pleased to note that the Government granted amnesty for more than 8,500 prisoners over the last week, but was disappointed that only 10 political prisoners were released. The European Union urged the Government to free without delay all political prisoners, including Daw Aung San Suu Kyi, and those arrested and detained as a result of the recent repression of political protests.

The European Union wished to express its solidarity with the Burmese people; genuine peace, stability and democratisation in Myanmar could only be achieved through an all-inclusive political process, and the respect for fundamental rights and freedoms. The European Union welcomed the decision of the Government of Myanmar to re-engage in a dialogue with the United Nations human rights mechanisms, but regretted the lack of progress in addressing the wide range of human rights abuses perpetrated in Burma/Myanmar. The European Union urged the Government to investigate those responsible for the perpetration of human rights violations, and, where their guilt was established, to punish them. The international community needed also to heed its responsibilities in contributing to the stability of the region, and neighbouring States, and ASEAN could play an important role in addressing the situation and promoting the fulfilment of national reconciliation and political reform.

SWASHPAWAN SINGH (India) said that Myanmar was a close and friendly neighbour and developments in that country were of direct concern to India. Any initiatives should be forward-looking and non-condemnatory and seek to engage the Government in a non-intrusive and constructive manner, as during the fifth Special Session of the Human Rights Council.

Interactions with Myanmar had impressed upon the Government that political reform and national reconciliation should be taken forward expeditiously, and should be inclusive and broad-based to include all sections of society, including Daw Aung San Suu Kyi and the various ethnic nationalities. India supported the efforts of the United Nations Secretary-General’s Special Advisor to engage Myanmar on behalf of the international community to facilitate these processes.

MARIUS GRINIUS (Canada) said that Canada continued to support efforts to find a multilateral solution to the situation in Burma. The efforts of the Special Rapporteur were welcomed. Canada was deeply troubled by the conclusions of the Special Rapporteur, including the arbitrary arrests, conditions of detention, extrajudiciary executions, forced labour, and other violations carried out by soldiers. Canada had announced its intention to impose new sanctions on Burma, due to the ongoing non-respect of human rights. Canada continued to call on the Government of Burma to respect the fundamental rights of the Burmese people, to start a sincere dialogue with the democratic opposition, and to free all political prisoners.

GIOVANNI CARACCIOLO DI VIETRI (Italy) said Italy had fully supported the convening last October of a Special Session devoted to the human rights situation in Myanmar, to respond to a situation that required urgent attention. That Mr. Pinheiro was able to visit the country shortly after the holding of the Session was a positive sign for the Council and a proof of its capacity to address concretely human rights situations that required its attention wherever necessary. It was of paramount importance that the recommendations included in his report were fully endorsed by the Council.

Italy continued to follow with deep concern the developments in Myanmar. The Myanmar authorities were urged to respect the fundamental human rights of all citizens, to release all political prisoners, starting with Ms. Aung San Suu Kyi and detainees of the latest months, and to address impunity of those responsible for present and past human rights violations. Italy was particularly concerned by the situation of the human rights of the most vulnerable groups, especially children. The role of main regional actors and neighbouring States could be extremely useful to help improve the human rights situation. It was urgent to create the conditions for a genuinely free and fair political process that could lead to reconciliation in the country and the Government should promote a substantial and all-inclusive political dialogue with the opposition, in a constructive spirit, aimed at starting a process of democratic reforms.

TEHMINA JANJUA (Pakistan), speaking on behalf of the Organization of the Islamic Conference, appreciated the efforts of Myanmar to engage with the Secretary-General’s Special Advisor and the Special Rapporteur. Some steps had been taken to start a national all-party dialogue, including meetings with Daw Aung San Suu Kyi. A willingness to engage with the United Nations and human rights mechanisms had been demonstrated and working with Myanmar would help to ameliorate the situation. There was no need for an International Commission of Enquiry to go to Myanmar as the Secretary-General’s Special Advisor and Special Rapporteur had been given positive responses from the Government.

The Organization of the Islamic Conference had previously indicated the need for constructive engagement with Myanmar, without punitive sanctions but with an invitation to the Government and people to engage with the international community. Non-violent solutions that did not imperil the integrity of the country were required.

BO QIAN (China) said that recently, with all the efforts carried out by the Government of Myanmar, the situation had improved and calmed down and peoples lives were normalized. The Government of Myanmar had shown its willingness to cooperate in its attitude and by receiving the Special Rapporteur. At the same time, the Government of Myanmar had resumed dialogue to push forward the seven-step process towards democratisation. This had not been an easy task. The international community should be patient and understand the difficulties faced in the national reconciliation process. The Government of Myanmar should be encouraged to continue its collaboration with the United Nations. As a friendly neighbour, China hoped that the Government of Myanmar would re-establish stability as soon as possible. Also, China would continue to support the international community to help settle the situation in Myanmar.

BOUDEWIJN J. VAN EENENNAAM (Netherlands) said the decision of the Burmese Government to authorise the visit of Special Rapporteur Pinheiro was welcome, but it was a failed opportunity that the authorities did not allow his visit to be a fully-fledged fact-finding mission. Regrettably, the authorities had not taken significant steps to implement the recommendations made by the Council. The authorities were strongly urged to do so without delay, and to allow an independent international investigation into the violent crackdown on peaceful demonstrations by the Burmese security forces.

Despite repeated calls from the international community, only 10 political prisoners had been released. All political prisoners, including Aung San Suu Kyi, should be released, as well as those arrested and detained as a result of the recent repression of peaceful protests. The authorities should also allow unhindered access for independent observers, including the International Committee of the Red Cross, to all places of detention, and to ensure that conditions of detention met international standards and included the possibility of visiting any detainee. The Council should continue to monitor the human rights situation in Burma, and ensure that the authorities lived up to the Council’s expectations.

ERLINDA F. BASILIO (Philippines) said the Philippines was encouraged by the cooperation extended to the Special Rapporteur by the Government of Myanmar, including visits to monasteries and prisons and meetings with various government officials and civil society groups. Amnesty had been granted to many prisoners. Cooperation had also been extended to the Special Envoy and the Human Rights Council.

Developments since the tragic events of September were an indication of the willingness of the Government of Myanmar to engage with the international community to resolve its problems, but much more needed to be done. Greater and quicker progress was required towards the release of Daw Aung San Suu Kyi; the full and free participation of political parties in the political process; and the peaceful return to democracy. This might take time and it was important to recognize the unique local situation and economic and social challenges and acknowledge steps forward.

LEE SUNG-JOO (Republic of Korea) said that the cooperation of the Government of Myanmar with the Special Rapporteur was appreciated. Myanmar was urged to take concrete actions as prescribed in the Special Rapporteur’s report. It was of utmost importance that the Government of Myanmar listened to the international community’s call for the protection of human rights. The recent signing of the ASEAN charter was welcomed. It was hoped that this Charter would have positive impacts. The Republic of Korea was disappointed that there were no signs that the Government of Myanmar was implementing Human Rights Council resolution S-5/1. The Republic of Korea supported the recommendation to extend the Special Rapporteur‘s mandate. Myanmar was urged to allow the Special Rapporteur to make follow-up visits and be able to meet with oppositions groups.

MOHAMED ZIN AMRAN (Malaysia) said Malaysia was encouraged by the significant level of cooperation that Myanmar had extended to the Special Rapporteur during his visit to the country in November, and during the two visits undertaken by the United Nations Secretary-General’s Special Envoy Ibrahim Gambari in the last three months. Myanmar’s readiness for re-engagement with the international community, including the Human Rights Council, should be duly acknowledged and reciprocated with a constructive approach towards Myanmar, with the hope that the latter would continue on this cooperative path.

Malaysia believed that achieving national reconciliation was the key to an enduring political solution, stability, and economic and social progress in Myanmar, for the general well-being of the people. The recent positive developments, particularly the concrete steps undertaken in connection with the roadmap for transition to democracy, the commencement of contacts between the Government and Aung San Suu Kyi, and between the Government and various ethnic groups, were welcomed. Myanmar needed both time and political space to deal with its many and complex challenges, including those cited in the latest report of the Special Rapporteur. The Human Rights Council should respond positively to the ongoing efforts undertaken and the clear commitment given by the Government by adopting, if at all necessary, a forward-looking, constructive and consensus approach that could result in meaningful improvements on the ground for the people of Myanmar.

HIROSHI MINAMI (Japan) strongly recommended that Myanmar promote democratization, as desired by the people of Myanmar, engage in national dialogue towards national reconciliation, and fundamentally resolve the situation without delay. A more detailed plan for democratisation should be presented by Myanmar and the opportunity to work with the Special Envoy should not be missed.

The people of Myanmar were looking to the international community with the hope and expectation that the Human Rights Council would act on their behalf. They should not be betrayed and the recommendations of the report should be implemented. The Council should remain vigilant and Myanmar was called upon to continue its cooperative attitude, including accepting more visits from the Special Rapporteur.

GUSTI AGUNG WESAKA PUJA (Indonesia) said that the decision of the Government of Myanmar to allow the Special Rapporteur’s visit to the country was encouraging. The various efforts of the Government of Myanmar to create conditions conducive to dialogue and reconciliation were welcomed. Recent developments were showing a trend of good faith by all parties. It was essential for the Human Rights Council to acknowledge the developments in the country. Myanmar was urged to take further tangible steps towards the road map to democracy. The recent signing of the ASEAN charter reflected a strong commitment to human rights and humanitarian principles to establish a human rights body. This process could be used as a test case to prove Myanmar’s seriousness in its efforts.

BLAISE GODET (Switzerland) said Switzerland was concerned about the information contained in the report of the Special Rapporteur, noting the persistence of grave human rights violations in Burma/Myanmar: murder, bad conditions of detention, arbitrary arrests and hostage taking, forced disappearances, and lack of respect for the freedom of assembly, association and expression. The report of the Special Rapporteur noted that there were no significant indications of an implementation of resolution S-5/1 adopted by the Human Rights Council more than two months ago. Switzerland supported the implementation of all the recommendations, including the sending of a fact-finding mission.

The High Commissioner for Human Rights should take on a central role, observing the situation of human rights in Burma/Myanmar, preparing reports on the topic, and providing support to the Government in implementing its international commitments. The Special Procedures of the Council should also take part in this, and the Government should issue a standing invitation to these last. The Special Rapporteur should also urge the Government to cooperate fully with the International Committee of the Red Cross.

JEAN-BAPTISTE MATTEI (France) said that decades of violations of the civil and political rights, particularly the freedom of expression, of the population of Myanmar had prevented the people from attaining an acceptable standard of living or the realization of their economic, social and cultural rights. This was why part of the population protested peacefully. The ensuing repression was deliberate and disproportionate, as reported by the Special Rapporteur.

The number of victims of forced disappearance was of particular concern and Myanmar was called upon to continue to cooperate with the Special Rapporteur and provide details of the whereabouts and health of the victims. A climate of impunity should not be allowed to develop and the perpetrators of human rights violations should be brought to justice.

MUSTAFIZUR RAHMAN (Bangladesh) noted with satisfaction that the United Nations’ initiative to pacify the situation in Myanmar had yielded positive results. Many encouraging developments had taken place. The visits by the Special Rapporteur and the Special Envoy were a testimony of the willingness of the authorities of Myanmar to cooperate. The international community should constructively engage with Myanmar. Myanmar should also continue its collaboration and engagement with the United Nations. As a neighbour country, Bangladesh wished to see a peaceful, stable and prosperous Myanmar.

NATALIA ZOLOTOVA (Russian Federation) thanked the Special Rapporteur for his detailed report, but it was regrettable that a portion of the information presented by the Government of the country, which could have helped to clarify a number of points in the report, was not published. There had been intensive interaction between the Government of Myanmar and the United Nations Secretary-General’s Special Envoy, as well as with the Special Rapporteur on the situation of human rights in Myanmar. Any measures which the Council planned to take on Myanmar should work to foster a stabilisation of the situation in the country, strengthen the process of national reconciliation, and re-establish an atmosphere in the country for full respect of freedoms and rights.

A number of the recommendations in the report of the Special Rapporteur would truly promote these goals. However, taking into account the efforts made and the cooperation of the Government of Myanmar, there was no need to establish a new mechanism, which would, in many respects, no doubt replicate the work of the Special Rapporteur, and lead to a spiral in the politicisation of the issue.

SERGIO ABREU E LIMA FLORENCIO (Brazil) said Brazil recognized that Myanmar had cooperated with the Human Rights Council and with the Special Rapporteur but regretted that he had not been able to carry out a full independent fact finding mission. The limited scope of initiatives and lack of follow up of recommendations was also of concern.

The Council had played a key role in inspiring a constructive approach to the situation as a consensus builder and the international community, including neighbouring countries and those from ASEAN, had managed to understand the need to stress the promotion and protection of human rights. It was hoped that more concrete measures to foster a climate of national reconciliation and harmonious development would prevail in the near future.

NICHOLAS THORNE (United Kingdom) said the United Kingdom was pleased that the Special Rapporteur had been able to gain access to Burma. The situation continued to be regarded as being of utmost gravity. The references to killings through use of excessive force, as well as the extremely high number of arrests and cases of disappearances, should give to all cause for great concern. Burma was urged to comply fully with the Special Rapporteur’s recommendations and the Council was called upon to take the necessary actions to ensure appropriate follow-up of the Special Rapporteur’s visit.

ALEJANDRO ARTUCIO RODRIGUEZ (Uruguay) said the report of the Special Rapporteur underscored the achievements made by the Government of Myanmar, working towards better compliance, and the Government was thanked for this. Mr. Pinheiro pointed out grave human rights violations perpetrated by Government officials, and Government agents who were not respecting the rights of the citizens. The judiciary was not impartial - it was tolerating abuses of power by Governmental officials. This was an omission which led to impunity, and hindered efforts to improve the situation. Other reports from credible sources had confirmed this.

The International Labour Organization had noted incidents of forced labour. There had also been other grave human rights violations committed by armed groups in opposition. Forced recruitment of child soldiers had turned into a common practice by both sides. The Government should cooperate, and continue to cooperate with the Council, and will all United Nations mechanisms, in order to ensure protection of human rights. The challenges against the authorities were enormous, and the peaceful transition towards democracy and rule of law would not be built in a day. The option of a follow-up Commission of Inquiry should be implemented, perhaps headed by the Special Rapporteur himself.

ALICIA MARTIN GALLEGOS (Nicaragua) acknowledged the dialogue entered into by the Government of Myanmar with the United Nations human rights mechanisms and called for it to continue and be strengthened. The experience of Nicaragua has shown that only through a process of national reconciliation and unity could human developments and social well being be achieved.

Regional countries should also play an important role in any reconciliation process. There should not be more sanctions, but instead greater dialogue and cooperation towards the full implementation of the resolution S5/1 of the Human Rights Council and the application of international standards for human rights.

BEATE STIRO (Norway) said that the long suffering and courageous people of Myanmar needed active engagement and full support. Continued international engagement was even more important, as the international focus on the country had decreased. Norway welcomed the access to Myanmar given to the Special Rapporteur. It urged the continuation of his cooperation. The gross and systematic violations of human rights and international humanitarian law were condemned. Impunity had to end and all detained political prisoners had to be released. Myanmar was strongly encouraged to start a constructive dialogue with the democratic opposition and to fully cooperate with the UN human rights mechanisms. The Council had to remain seized of the situation in Myanmar.

JOAN MOSLEY (New Zealand) said New Zealand supported fully the efforts of the United Nations to keep the doors open and build foundations for the future, including the two visits to Myanmar by the Secretary-General’s Special Envoy, and the recent visit by the Special Rapporteur. New Zealand was pleased that Mr. Pinheiro was given good access during his visit, including meetings with political prisoners. New Zealand hoped that both United Nations envoys would continue to gain proper and timely access to Myanmar, as well as to all relevant parties, and also hoped that their efforts would provide traction for moving ahead the process of national reconciliation and democratisation in Myanmar.

New Zealand wished to reiterate its deep concern about the political and human rights situation in Myanmar. While the situation seemed to have calmed, the regime should take concrete steps towards national reconciliation, genuine democratic reform, and greater respect for the human rights of its people. New Zealand called on the regime to release all political prisoners and to engage in peaceful and constructive dialogue as a way forward. It was fundamentally important that the junta and the democratic opposition engage in constructive dialogue as a necessary part of any reconciliation process, which should address the humanitarian and socio-economic factors that underlay the protests.

SIHASAK PHUANGKETKEOW (Thailand) believed that underlying the common concerns of the international community was a desire to continue dialogue and reconciliation with Myanmar. There had been positive steps with the reception of, and cooperation with, the Special Rapporteur. As a friend and neighbour, Thailand recognized that further progress was needed and urged Myanmar to maintain and deepen its cooperation and dialogue with the United Nations and countries in the region.

The ASEAN charter signatories, including Myanmar, were committed to international human rights and humanitarian principles and the charter pledged to set up an ASEAN human rights body. ASEAN leaders also called for continuing work with the United Nations and Myanmar to open up dialogue with Daw Aung San Suu Kyi and all the political parties in the country towards national reconciliation.

ISABEL FROMMELT (Liechtenstein) welcomed the Special Rapporteur’s recent visit to Myanmar and the cooperation extended to him by the Government. However, the substantive demands of the Council had not been met and human rights violations were continuing, as reflected in the Special Rapporteur’s report. Of particular concern was the unnecessary and disproportionate use of force against civilians and peaceful protesters. Liechtenstein joined other delegations in the strong appeal to the Government of Myanmar to fully investigate these grave human rights violations. The Special Rapporteur‘s immediate and transitional recommendations were fully supported. It was unfortunate that the Special Rapporteur had not been able to access all places and people to independently and confidentially verify information. The mission should be seen as an initial part of a process of genuine cooperation.

CAROLINE MILLAR (Australia) said the report of the Special Rapporteur reinforced the grave concern at the Burmese regime’s lack of respect for the fundamental human rights and freedoms which should be enjoyed by all its citizens. Australia was deeply saddened by the regime’s persistent failure to heed the voice of its own people, and international opinion, and commit to the implementation of its international human rights obligations. Burma’s recent dismissal of the August and September protests as “trivial” was shocking. The regime was urged to release all political prisoners immediately and unconditionally.

It was imperative to recognise the protests as a clear call from the Burmese people for democratic change which could not be ignored; in the absence of genuine political reform and national reconciliation in Burma, human rights could not be guaranteed. The importance of a strong, credible and sustained action by the international community, including through the Human Rights Council, could not be overstated. There should be urgent implementation of the Special Rapporteur’s recommendations, and there should be ongoing monitoring and reporting mechanisms.

WARREN W. TICHENOR (United States) said that the Than Shwe regime had demonstrated that it would show no restraint in the repression of dissent and preservation of its own power. The large number of bodies observed by the Special Rapporteur being burned in a crematorium was of particular concern. The international community had repeatedly called for Myanmar to improve its human rights record, release all political prisoners and engage in genuine dialogue with the democratic opposition and ethnic minorities. These calls have been met with empty gestures and seemed designed to buy time.

Even while the Special Rapporteur was visiting, the Government closed down a monastery that had been serving as a hospice and treatment centre for people with HIV/AIDS. The junta’s Information Minister dismissed the demonstrations as “trivial” despite their brutal suppression and denied they indicated any popular dissatisfaction with the regime. Improvement of the human rights situation should begin with the acceptance and implementation of the United Nations’ recommendations.

PHAY PHANTHAVONE (Lao People’s Democratic Republic) reiterated that the efforts made so far by the Government of Myanmar in a view to improving the situation in the country should be appreciated. As a neighbouring country, Lao People’s Democratic Republic had closely followed the developments and considered them as an internal affair of Myanmar. The recent visits of the Special Envoy and Special Rapporteur could be seen as a gesture of full cooperation. The third step of the seven-step roadmap towards democracy was currently being implemented. Lao people’s Democratic Republic believed that Myanmar should be allowed to have appropriate time and opportunity to implement its efforts to stabilize the country and to bring it to democracy.
BART OUVRY (Belgium) said the Special Rapporteur was to be congratulated for his instructive report and his action in favour of human rights in Myanmar. During his mission he succeeded in establishing direct contact with the Government and with the opposition, as well as with victims of violations of human rights, and this was crucial. After a long period of lack of cooperation from the Government of Myanmar, this visit was a first step towards opening up towards the Human Rights Council. Even though the visit only gave a partial idea of the grave violations which had taken place and continued today, it showed the need for a continued follow-up by the international community. Only a return to a democratic process that was stable and respected human rights would help improve the health and standard of living of the population, in particular vulnerable groups, and stop the flows of refugees.

With regards to recent events, Belgium condemned the use of lethal force against peaceful demonstrators, and the high number of arrests on political motives. Those who had committed human rights violations should be identified. Only an international Commission of Inquiry could reach the truth and re-establish justice. The Council should take a clear decision to uphold the mandate of the Special Rapporteur, and should foresee a greater support from the Secretariat to encourage the implementation of his recommendations.

PHAM QUOC TRU (Viet Nam) said that as a member of ASEAN, Viet Nam had observed with encouragement that the situation in Myanmar had improved. The efforts of Myanmar and its cooperation with the United Nations and the Human Rights Council and the international community to stabilize the situation and open dialogue on national reconciliation and respect for human rights were acknowledged. It would be a long and difficult process that needed to be supported and assisted by the international community. Dialogue and cooperation were crucial to helping resolve the situation in Myanmar and any actions that might complicate the situation or put the process at risk should be avoided, including sanctions.

VUN CHHEANG (Cambodia) said that Cambodia’s view was that Myanmar was moving on the right track. This should be further encouraged and supported. During an official visit to Cambodia, the Cambodian Prime Minister had encouraged the Prime Minister of Myanmar to continue dialogue with Daw Aung San Suu Kyi. The international community should encourage further dialogue between the opposition party and the Government of Myanmar in order to achieve national reconciliation and democratisation in Myanmar. During the ASEAN Summit, last November, Myanmar’s Prime Minister told ASEAN leaders that Myanmar was committed to fully cooperating with the United Nations and ASEAN in order to promote further progress of the current positive developments.

CHRISTOFFER BERG (Sweden) said Sweden welcomed the excellent report presented by the Special Rapporteur, and welcomed the cooperation by the Burmese Government in facilitating his visit. Sweden called for continued cooperation, including by means of a second visit by the Special Rapporteur to the country before the next regular session of the Council. As was made clear by the report, widespread human rights violations in Burma remained a great cause for concern. Although the climax of tensions which led to the demonstrations and large-scale repression in September appeared to have passed, the overall alarming level of human rights violations had not changed.

Among the violations reported, the assaults on the freedom of religion through arrests of clergy and raids on temples had been particularly distressing. In many cases, the situation of ethnic minorities and internally displaced persons remained alarming. The situation of human rights in Burma/Myanmar demanded continued attention by the Council; a lack of attention would only weaken the international community’s ability to address the situation, and would also harm the credibility of the Council. Sweden would continue to call for peace and reconciliation by transparent and inclusive measures, towards a transition to a civilian democratic Government, ensuring full respect for human rights of all persons living in Burma.

JUAN MARTABIT (Chile) recalled the peaceful demonstrations of the citizens of Myanmar and the repression of those demonstrations by the Government. The report of the Special Rapporteur was troubling and the recommendations should be supported. The whereabouts of missing persons should be made known, perpetrators prosecuted and compensation paid to victims.

Myanmar should re-engage with its Red Cross Society and allow access to detainees. A fact-finding mission should be undertaken to shed more light on the events. Countries that had fostered greater cooperation should now step up efforts to ensure that Myanmar continued to cooperate with the international community.

LUZ LESCURE (Panama) said that Panama shared the desire of the international community to bring peace to Myanmar. The human rights violations in Myanmar had to be condemned. Panama had great interest in contributing to stabilize the situation that was causing great suffering. It was a duty to denounce any violations of human rights. The efforts made by the Government of Myanmar by creating an atmosphere of greater understanding were welcomed. It was hoped that a solution would soon be found to bring peace to the country.

SILVIA ESCOBAR (Spain) said Spain had followed with great interest the events of last September, and also the Special Session of the Council in October, and had been gratified by the willingness that the Government of Myanmar had shown in cooperating with the international community. The recommendations in the report of the Special Rapporteur were endorsed, and the Government should release political prisoners and prisoners of conscience, including Aung San Suu Kyi. Spain regretted the Special Rapporteur had not been able to meet her.

The ASEAN Charter, adopted by the Government of Myanmar, included a commitment to human rights, and it was hoped the Government would fulfil this obligation. There was a need for national reconciliation, and a dialogue with Aung San Suu Kyi. The Government should bring to justice the perpetrators of human rights violations, and compensate victims. The work of the Special Rapporteur and of the Special Envoy should be facilitated.

HESTI ARMIWULAN, of Indonesian National Commission on Human Rights, in a joint statement with Human Rights Commission of Malaysia, expressed grave concern about the human rights situation in Myanmar and the injuries and loss of life through the repression of peaceful demonstrations. The Government was called on to observe the basic principles of human rights and to engage with the ASEAN and international communities to move towards a return to peaceful democracy.

CARLO CLEOFE, of Asian Forum for Human Rights and Development, on behalf of severals NGOs1, welcomed the Special Rapporteur’s visit to Myanmar. The message conveyed by the Council during its fifth Special Session had demonstrated the strength and credibility of this body. However it was noted with deep regret that the Special Rapporteur had been unable to conduct a thorough, independent and confidential investigation. This was unsatisfactory. The Special Rapporteur’s call for a full-fledged fact-finding mission or a commission of inquiry to the country was supported.

GAETES VANLOQUEREN, of International Federation of Human Rights Leagues, said the current situation in Burma was unprecedented. The peaceful protests and the violent crackdown had created new dynamics. The Saffron revolution was not over - the future was still unknown, yet the influence of the international community would be crucial. The Council should build on the resolution of its Special Session by continuing a thorough investigation of human rights abuses in Burma, and adopt a resolution supporting the Special Rapporteur’s recommendations, including that the military regime grant immediate access by the International Committee of the Red Cross to all places of detention, reveal the whereabouts of the missing, and bring perpetrators to justice. It should also express support for a national reconciliation and for the establishment of a permanent monitoring process. The Council should urgently call on the international community to adopt effective sanctions to cut the regime’s economic lifeline.

OPHELIA NAMIECH, of United Nations Watch, noted that the Special Rapporteur’s report found that the true death toll had been covered up, children and pregnant women had been arrested and people had been tortured to death. A strong resolution was called for, urging Burma to release without delay all detainees from the protests; to lift all restraints on peaceful political activity; and to commit to democracy and the establishment of the rule of law. People were still demonstrating in Burma and action was needed to bring forward the day when the people would be free.

GEORGES GORDON LENNOX, of Reporters without Borders - International, said that without the courageous media, many of whose informants risked prison or death, the outside world would have been largely ignorant of the terrible events of last September. Those responsible for the deaths of journalists should be brought to justice. More than a dozen of journalists had been detained since September. Most had been released but some of them were still detained and had suffered bad treatment. Information had been received about the hunting of video journalists, bloggers and underground TV journalists. The censorship board was more and more repressive; they were censoring all news that went against the official line and several editors had been removed from their positions. In addition the Government media had attacked all foreign media, accusing them of being traitors.
MIN LWIN OO, of Asian Legal Resource Centre, said the protests of August and September should be seen not as an end in and of themselves, but rather an initial step. Although the international community had known about the gravity and scale of human rights abuses in Myanmar for years, it had struggled to come up with effective responses. A significant reason for the failure to make progress was that the human rights problems in Myanmar were not yet understood. The Government of Myanmar should invite an international commission of inquiry to investigate in a more comprehensive manner the recent events. It was imperative for work on human rights in Myanmar to be more than business as usual. Presented with a new specific, determined and realistic proposal of this sort, the Council would be obliged to act more effectively at this critical juncture.

MARIANNE LILLIEBJERG, of Amnesty International, said Amnesty International supported the Special Rapporteur’s recommendations and urged the Government of Myanmar to act on them. The Human Rights Council was urged to stay focused on violations committed prior to the September crackdown. The Government was called upon to release immediately and unconditionally all those arrested for peacefully expressing their right to freedom of expression; make public names of those missing or detained; investigate and prosecute all reports of abuses; lift all restraints on peaceful activity; and end the culture of impunity for human rights violations.

FAMARK HLAWNCHING, of International Working Group for Indigenous Affairs, said that there was no reason to deny that the activity of non-law enforcement official militias was terrorism, under existing international standards and norms. The arrest of human rights defenders and opposition leaders was still going on in Burma. Military operations against civilians had increased. People had been forced to join false rallies in support of the Government. The Human Rights Council was recommended to establish an International Commission of Inquiry and to call for the release of all political prisoners.

LUKAS MACHON, of International Commission of Jurists, said the human rights violations described in the Special Rapporteur’s report were revolting. Reliable sources had documented at least 30 deaths during the crackdown, and the real numbers were likely to be much higher. Torture and ill-treatment were reported in regular places of detention. With such violations continuing, there did not appear to be any genuine intention to move towards democracy and the rule of law. The constitutional drafting process, which had already been severely delayed and compromised, could not be seen as a genuine process of change. The Council should establish an Investigation Commission, headed by the Special Rapporteur and including relevant Special Procedures and other experts. This Commission should visit Myanmar swiftly, and report back to the Council no later than March 2008.

JULIE DE RIVERO, of Human Rights Watch, said that the mistreatment and torture of many of those arrested in Myanmar had been documented and there was grave concern for their safety. Most alarming was the role played by militia forces known as Swan Arr Shin (Masters of Force), which used extreme violence to detain peaceful protesters and to deter future peaceful dissent. A Commission of Inquiry should verify the cases documented in the report and also the root causes of the crisis to pinpoint responsibilities and identify necessary remedies. This should include an examination of the violations of economic and social rights suffered by the Burmese people, which had contributed to the crisis.


Concluding Remarks

PAULO SERGIO PINHEIRO, Special Rapporteur on the situation of human rights in Myanmar, in concluding remarks, said that he was really disturbed by the serious case of double personality he was confronted with in this Council. Out of the many statements, not a single had said that his report had been intrusive, or that everything was based on unreliable sources. Neither a single person nor any non-governmental organization (NGO) had made any remark in this direction. Yet Myanmar had said so yesterday.

As Thailand had said, his visit had not been a one shot but the beginning of a process. Nonetheless, he thanked the Government of Myanmar for having received him and enabling him to visit the country. But it was important to discuss the comments made by Myanmar on his report. Mr. Pinheiro thought that the Government of Myanmar had to make at least some concessions to recognise at least some points of his report. He had not invented the facts.


Mr. Pinheiro said that he had great respect for Myanmar but he invited the authorities to read the notes of the Security Council, which read a statement of Myanmar’s Prime Minister that said that all detainees would be released and no more arrests would be carried out. But last week, NGOs had reported that arrests were still continuing. The Government had all powers to put an end to this. There were a lot of questions that the States and NGOs had addressed today, and he hoped that the Government could come up with some answers and results before the General Assembly on December 18.
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1Joint statement: Asian Forum for Human Rights and Development; International NGO Forum on Indonesian Development; Ain O Salish Kendro (Ask) Law and Mediation Centre; , Center for Organization Research and Education; Peace Boat; Lawyers for a Democratic Society; and Nonviolence International.

For use of the information media; not an official record

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