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(Reuters) - A committee of the U.N. General Assembly expressed serious concern on Monday over violence in Myanmar between Rohingya Muslims and Buddhists and called upon the government to address reports of human rights abuses by some authorities.

The 193-nation General Assembly's Third Committee, which focuses on rights issues, approved by consensus a non-binding resolution, which Myanmar said contained a "litany of sweeping allegations, accuracies of which have yet to be verified."

Outbreaks of violence between ethnic Rakhine Buddhists and the Rohingyas have killed dozens and displaced thousands since June. Rights groups also have accused Myanmar security forces of killing, raping and arresting Rohingyas after the riots. Myanmar said it exercised "maximum restraint" to quell the violence.

The U.N. resolution "expressing particular concern about the situation of the Rohingya minority in Rakhine state, urges the government to take action to bring about an improvement in their situation and to protect all their human rights, including their right to a nationality."

At least 800,000 Muslim Rohingya live in Rakhine State along the coast of western Myanmar. But Buddhist Rakhines and other Burmese view them as illegal immigrants from neighboring Bangladesh who deserve neither rights nor sympathy.

The Myanmar mission to the United Nations told the Third Committee that while it accepted the resolution, it objected to the Rohingya being referred to as a minority.

"There has been no such ethnic group as Rohingya among the ethnic groups of Myanmar," a representative of Myanmar's U.N. mission said. "Despite this fact, the right to citizenship for any member or community has been and will never be denied if they are in line with the law of the land."

NOT PERSECUTION

A Reuters investigation into the wave of sectarian assaults painted a picture of organized attacks against the Muslim community. [ID:nL3E8M7ADZ] During an historic visit to Myanmar last week, U.S. President Barack Obama called for an end to incitement and violence. [ID:nL5E8MJ00Y]

"Violence in Rakhine state was just a violent communal clash affecting both sides of the community. It is not an issue of religious persecution," the Myanmar representative told the Third Committee.

During the past year, Myanmar has introduced the most sweeping reforms in the former British colony since a 1962 military coup. A semi-civilian government stacked with former generals has allowed elections, eased rules on protests and freed dissidents.

"Any shortcomings in the human rights field are being addressed through legal reform processes and legal reform mechanisms, including the national human rights commission," said the Myanmar representative.

The U.N. resolution also "urges the government to accelerate its efforts to address discrimination, human rights violations, violence, displacement and economic deprivation affecting various ethnic minorities" and expresses deep concern about an armed conflict in Kachin state.

Myanmar President Thein Sein has ordered troops in Kachin State not to attack the rebels, but has allowed them to defend themselves. The conflict there resurfaced in June 2011, scuttling a 16-year truce and displacing an estimated 50,000 people.

The Third Committee, which includes all members of the General Assembly, is also scheduled to debate resolutions on Iran, Syria and North Korea. A special General Assembly session next month is expected to formally adopt all recently approved committee resolutions.

Written by Michelle Nichols and Edited by Paul Simao.

Source: Reuters


GENEVA (31 October 2012) – Three United Nations experts on Myanmar, minority issues and internally displaced persons today expressed their deep concern over continuing inter-communal violence in Rakhine State, Myanmar, that has led to loss of life, destruction of homes and mass displacement, and called on the Government to urgently address the underlying causes of the tension and conflict between the Buddhists and Muslim communities in the region.

“If the country is to be successful in the process of democratic transition, it must be bold in addressing the human rights challenges that exist,” said the Special Rapporteur on Myanmar, Tomás Ojea Quintana. “In the case of Rakhine State, this involves addressing the long-standing endemic discrimination against the Rohingya community that exists within sections of local and national Government as well as society at large.”

Mr. Ojea Quintana stressed that “the situation in the Rakhine State illustrates the importance of Myanmar placing human rights at the heart of its ongoing reform process.”

“The Government has an obligation to protect all of those affected by recent violence, including the Muslim Rohingya community which is particularly vulnerable, to guarantee their safety and respond urgently to their needs, including shelter, food and medical care,” said the UN Independent Expert on minority issues, Rita Izsák. “It must act rapidly to ensure that this situation does not deteriorate leading to further loss of life and displacement of communities.”

Ms. Izsák described the Rohingya community as a “highly marginalized minority who have historically proved vulnerable to human rights violations in Myanmar and the region.” Armed groups have reportedly perpetrated the violence with impunity and attacked the Rohingya as well as some Rakhine Buddhists who had dealings with the Rohingya or other Muslims.

The UN experts welcomed Government acknowledgment of the violence and its assertions that it would take action against its instigators. However, the Special Rapporteur on the human rights of internally displaced persons, Chaloka Beyani, said that “the Government must take urgent steps to halt further displacement and destruction of homes.”

“All displaced groups, including the Rohingya community, must be assisted to return and rebuild their homes with assurances of their human rights and security in the short, medium and long-term,” Mr. Beyani said. “All humanitarian agencies must have full access to the affected populations.”

The human rights experts underscored that this situation must not become an opportunity to permanently remove an unwelcome community, and expressed their deep concern about the assertion of the Government and others that the Rohingya are illegal immigrants and stateless persons.

“The Rohingya constitute a minority that must be protected according to international minority rights standards,” Ms. Izsák said responding to the question of the legal status of the Rohingya in Myanmar. “The Government must take steps to review relevant laws and procedures to provide equal access by the Rohingya community to citizenship and promote dialogue and reconciliation between communities.”

An estimated 28,000 people have been displaced by recent violence in Rakhine State and some 4,600 homes burnt according to UN, media and NGO reports which indicate that many of the victims are Rohingya. The total number reported displaced is now over 100,000 since clashes broke out between ethnic Rakhine Buddhists and Muslim Rohingya in June.

ENDS

Source here


To:
His Excellency Mr. Ban Ki-moon,
Secretary General
United Nations

Dated: :August 22, 2012

Subject: The formation of commission is with full of bias and its finding would be overall bogus.

Your Excellency,

In connection to the formation of investigation commission formed by the President Thein Sein to expose the real cause of the incident and to give suggestion for national interest date on 17th August, 2012 is simply a showoff in the sight of domestic, regional and international community to ‘cover real nightmare let happened in Rakhine state’ and at the same to buy time to coil the United Nation General Assembly to be held in next September.

President Thein Sein has first set by 17th September to be submitted the finding directly to the president but later he changed his mind the investigation report is to be submitted by 16 November, 2012. Being honestly the first submission time-frame to the president by the formed commission been before the September UN General Assembly in which Mr. Thomas Ojea Quintana has to be submitted details about his mission, recently surveyed along Rakhine state—president Thein Sein’s Union government and its Rakhine state government have realized that they didn’t have enough time to redesign newly created one for the real terrifying which was let happened in Rakhine state to show the international community.

We Rohingya community inside and outside the country have firmly believed that only international community which comprised international human rights activists, historians, intellectuals, intelligentsias, philanthropists, journalists, geographers, language experts, lawyers, experts in criminal investigation would only have the best suited to involve and participate with recently formed investigation commission by president Thein Sein to expose the real cause of the incident which particularly devastating largely social affairs of Rohingya.

Unfortunately, the commission in which comprised some extreme hard-line Rakhine Nationalists who have clearly been participated to incite the one sided riots and their open interviewing with several Burmese programs of oversea to expel Rohingya, to make aliens Rohingya, to make separation between two communities like Israel, to annihilate Rohingya-- the so called 88 generation leader who has been blatantly denying the true facts of Rohingyas’ existence without knowing any real background of Rohingyas history and branding us as just immigrants from adjacent Bangladesh soon he had visited in Rakhine state recently-- the fabricated news makers who had been in line principal of Rakhine chauvinists, whom the president Thein Sein indirectly quoted in his interview with VOA/Burmese program --- the Bishops, Islamic organizations and Hindu religious organization which are under the bond of government not to involve in politics in line principle of organization---some leaders of political parties who never ever talked and suggested to stop the violence rather fanned the flames via journals and talk shows ---- as long as the absence of international community and our own Rohingyas who concerned in this affairs as stakeholder, we Rohingyas feel that such kind of unilateral inquiring commission in the real field would not on the go to extract the true grounds of violence between Rakhine and Rohingya but would make worse by complicating, fabricating, deviating, twisting, diverging, confusing and at last this would make prolonging and buying time to be settling this hot issue which concerned day in day out the miserable life of Rohingya along Rakhine state once and for all.

To be blasting this clandestine joint plan starting by Ma Thida Htwe from Rambray to Taungup, Maungdaw to Sittwe, Buthidaung, Rathedaung, Kyauktaw, Kyauknimaw and so on---there have been synchronized voice and action of people of all Rakhine mass and class to annihilate or at least to push into harshest trouble to face in this rainy season such as to escape Rakhine hooligans’ intimidation, mass killing and burning --- into rivers, seas, mountain pass, scarcity of food, blockade of food and foodstuff, settling in concentrated camps all Rohingyas people by one way or another so as to die by malnutrition, food scarcity, affecting diarrhea, inefficient sanitary, other infectious deadly diseases and so on --- where there are Muslims Rohingya all along Rakhine state.

Honestly, to find out easily the culprits all along the past maneuver, it has been very simple to point out without exaggerating ---- the words broadcasted via all Burmese programs of oversea radios and television channels before and after the violence plus the routinely issuances of local journals inside Myanmar until now would have been strong evidences that the Rakhine Nationalities Democratic Party headed by Veterinary Dr. Aye Maung --- U Aye Tha Aung, chairman of Rakhine League of Democracy --- the Paccima Zone Magazine which was issued on February 2012 by Rakhine-thar-gyi Sarpay by the permission record no. 5301201211 under the order of Ministry of information --- are crystal clear culprits of this communal master planners to cause communal conflict that undermines peace and stability, causalities, very deep misunderstanding among people to trust one another, for social building, property losses and other damages due to clashes. Seeing this with open eyes, the investigation commission formed by President would be very ridiculous as a perpetrator would not find out a perpetrator in the session of investigation --- a killer would not responsibly arrest the killer in the search out—a sinner would not point out a sinner in a court and so on.

Who can deny that the persons who are shown up in the Paccima Zone Magazine aren’t responsible and accountable of the articles prescribed bravely which have been generally obstruction and suggested to make so called Rohingya in Rakhine state as guest people or slave in that each and every article --- and much more way of authors feeling have been shown to annihilate Rohingyas in the land -- all the readers are being urged to use derogatory terms as Rohingya downtrodden----- these prescriptions are the main master plan to cause the last communal clashes which made Rohingya desolation in the sight of international community. The coordinated people whom shown in the Paccima Zone Magazine who held respective government offices in Rakhine state have been different department ranging from Buddhist Monks, township administrative officers and police officers who are responsible in the last riots, arson, extra-judicial killing, rape, looting, blockage of food and foodstuff, extorting money, shooting innocent people under the cover of 144 order, mass arrest in fasting month in mosques alleging them gathering more than 5 people and thus violating the President emergency order, travel restriction from one township to another, sending innocent people to the jail after prosecuting false accusation without proper trial in the court, forcefully entering into the houses, arresting and shooting people in townships such as Maungdaw, Buthidaung, Rathedaung, Kyauktaw, MraukOo, Punnagyun and MinBya without any reason, taking away the dead bodies and buried as per their arrangement---- all in all there are no rule of law in Rakhine state for Rohingyas and these all have been because of RNDP party, ALD and due to the legal Rakhine intellectuals incitement of the Paccima Zone Magazine—to show the responsible persons from that Magazine are ---U Aung Myint Soe, district administrator,MaungDawdistrict— Monk-AshinSeikinda (Natmyit SanAung),consultant—Monk-Ashinzayandabawdi (PanAung), consultant ---- Monk Ashineindarsariya (ArdinAungMyay) consultant--- Monk-Ashinkawthala (kawthala Gawaythi) consultant --- Monk –AshinKuthala (Thandwe) consultant --- U Myo Win (district police officer,Maungdaw)--- Kyaw Thi (district project Manager, Maungdaw) --- U Aung Kyaw Oo, Township administrator, Buthidaung township --- U Aung Thar Win, police officer, Buthidaung township --- U SoeNaing, township project officer, Buthidaung --- these people have been extremely Rohingya people’ blood exploiters and main perpetrators with RNDP party and ALD party to spoil the normal situation into boiling environment.

Sir, as a matter of fact, the investigation commission should be formed, to extract real information in the victimized ground, through by the group of respected persons who should be flawless, honest and benevolently coordinated persons for a good contemplation as supposed by President Thein Sein----- but right now we, vulnerable and the most persecuted people, as prescribed by the United Nations, believe that the formed investigation commission will only work for Rakhine people who have attacked, burned, undermined and sent to hell-camp and they have more master plans to attack, to weaken, annihilate and at last push entire Rohingya people into hell in a cell in future. In this regards, though international community has welcomed the formation of investigation commission by president and its result, entire world would not be perceived by fabricated presentation of the formed commission to accept the mission’s deceitful finding while in the mission some of the members are widely believed to have been involved and committed crime against humanity by one way or another in violence from beginning to the end. Please accept my suggestion.

Sincerely Yours,

Mahan Min Khant
(Researcher)
Note: (1) please find the Paccima Zone Magazine’s cover, and its board of director who incite the riots in attached files.
Note: (2) please find the attach file of the members of formed investigation commission



Press Conference in Yangon International Airport on Aug 04,2012


5 August 2012 –

Myanmar needs to tackle serious human rights challenges for democratic transition and national reconciliation to succeed, an independent United Nations human rights expert said at the end of a six-day visit to the country.

Tomás Ojea Quintana, the Special Rapporteur on the human rights situation in Myanmar, noted a number of positive developments during his 30 July to 4 August visit, including the increasing engagement of civil society, political parties and other stakeholders in the reform process, greater openness in discussing human rights issues, and efforts towards building a society based on the rule of law.

At the same time, he highlighted a number of key human rights concerns, including the situation in Rakhine state and the related detention of UN staff members, the continued detention of prisoners of conscience, and the situation in Kachin state.

Clashes between Buddhist and Muslim communities in Rakhine state reportedly killed at least 78 people and displaced thousands in June.

“The human rights situation in Rakhine state is serious,” said Mr. Ojea Quintana, who witnessed the suffering of people who have lost their homes and livelihoods as a result of the violence.

In a statement issued yesterday, the expert called for a credible, independent investigation into allegations of serious human rights violations committed by State actors in Rakhine, including the excessive use of force by security and police personnel, arbitrary arrest and detention, killings, the denial of due process guarantees and the use of torture in places of detention.

“It is of fundamental importance to clearly establish what has happened in Rakhine state and to ensure accountability. Reconciliation will not be possible without this, and exaggerations and distortions will fill the vacuum to further fuel distrust and tensions between communities,” he said on Saturday prior to leaving the country.

Urgent attention was also required to address the immediate humanitarian needs of the displaced, particularly in the larger camps, he said, urging the international community to respond to Myanmar authorities' appeal for increased assistance.

He also stressed the need for the Government to develop a longer-term strategy for rehabilitation and reconciliation – one that is based on integration and not separation of the Rakhine Buddhist and Rohingya communities.

Mr. Ojea Quintana also met prisoners of conscience at Insein Prison and called for the release of all remaining prisoners of conscience without conditions or delay. He commended the President for releasing a number of other prisoners of conscience, including Phyo Wai Aung who was released during his visit.

He interviewed six UN staff members, in Insein and Buthidaung prisons, who have been detained in connection with the events in Rakhine State, adding that he had also received information that a number of staff of international non-governmental organizations had been similarly detained.

“Based on my interviews, I have serious concerns about the treatment of these individuals during detention,” said the Special Rapporteur, who called for their immediate release, adding that the charges against them are “unfounded” and that their due process rights have been denied.

Welcoming the ceasefire agreements reached with 10 ethnic armed groups, and the ongoing dialogue in this regard, Mr. Ojea Quintana said that efforts towards finding a durable political solutions to the conflicts should be accelerated and should address long-standing grievances and deep-rooted concerns amongst ethnic groups.

“Yet, as a result of ongoing conflict, particularly in Kachin State, I continue to receive allegations of serious human rights violations committed, including attacks against civilian populations, extrajudicial killings, sexual violence, internal displacement, and torture. Furthermore, I received allegations of the use of landmines, the recruitment of child soldiers, as well as forced labour and portering committed by all parties to the conflict,” he said.

He reiterated the need to address these allegations as a matter of priority, as well as grievances from decades of human rights violations.

The Special Rapporteur called on Myanmar to ensure that a human rights-based approach is firmly embedded in its economic and social development, especially given the increase of foreign investment.

During his visit, Mr. Ojea Quintana met a number of high-level Government officials, the Chief Justice of the Supreme Court, the Vice-Speaker of the Pyithu Hluttaw (lower house) and members of several parliamentary committees, the National Human Rights Commission, local authorities in Rakhine State, and civil society. He also met pro-democracy leader and Nobel laureate Daw Aung San Suu Kyi.

Independent experts, or special rapporteurs, are appointed by the Geneva-based UN Human Rights Council to examine and report back on a country situation or a specific human rights theme. The positions are honorary and the experts are not UN staff, nor are they paid for their work.

Source : UN News Center




Statement of the Special Rapporteur on the Situation of Human Rights in Myanmar


By Tomás Ojea Quintana, 
4 August 2012, Yangon International Airport, Myanmar

I have just concluded my six-day mission to Myanmar - my sixth visit to the country since I was appointed Special Rapporteur in March 2008. I would like to express my appreciation to the Government of Myanmar for its invitation, and for the cooperation and flexibility shown during my visit, in particular for my visit to Rakhine State.

In Nay Pyi Taw, I met with the Minister of Home Affairs, the Minister of Social Welfare, Relief and Resettlement (also the Minister of Labour), the Minister of Immigration and Population, the Deputy Minister of Health, the Deputy Minister of Education, the Attorney General, the Chief Justice of the Supreme Court, the Vice-Speaker of the Pyithu Hluttaw and members of several parliamentary committees. 

In Yangon, I met with the Minister of Foreign Affairs, the Minister of Border Affairs, as well as members of the National Human Rights Commission, members of the 88 Generation Students Group, and representatives of civil society organizations. I discussed a broad range of human rights issues with Daw Aung San Suu Kyi. Also, in Yangon, I met with three prisoners of conscience in Insein Prison, including a staff member of the United Nations who has been detained in connection with the events in Rakhine State, as well as a prisoner in Insein Hospital, Phyo Wai Aung, who was granted amnesty yesterday and released. And, I met with members of the United Nations Country Team and briefed the diplomatic community. I would like to thank the Resident Coordinator and the Country Team for the support provided to me during my mission.

In Rakhine State, I accompanied a visit organized by the Government for members of the diplomatic community and the United Nations Country Team. In Maungdaw, I met with state and local authorities, and members of the Muslim community. I visited burned Rakhine villages and observed the construction of new shelters. In addition, my team and I visited camps for internally displaced persons for both Rakhine Buddhist and Muslim communities in Sittwe and Maungdaw. I also interviewed five United Nations staff in Buthidaung Prison who have been detained in connection with the events in Rakhine State, and met a lawyer who was considering representing one of the staff. I would like to thank the Government for the access granted to my team and myself to areas where tensions remain high.

My mission took place against the backdrop of continuing change and transition in Myanmar, which have had a dramatic impact on the country and its people. I welcome recent achievements, such as the adoption of a joint strategy with the International Labour Organization for the elimination of all forms of forced labour by 2015 and the signing of an action plan with the United Nations to prevent the recruitment and use of children by Myanmar’s armed forces. I am encouraged to see the increasing engagement of civil society, political parties and other stakeholders in the reform process. During my mission, there was greater openness in discussing human rights issues and more critical debate and analysis on the direction, pace and scope of reforms, in particular on the challenges and risks. State and national institutions that have important roles in furthering democratic transition and ensuring respect for human rights, such as Parliament and the National Human Rights Commission, have continued to develop. In this respect, I see that the National Human Rights Commission has continued to undertake important activities, such as the review of complaints and the conduct of missions to investigate allegations of human rights violations, including most recently to Kachin State. While there is a long way to go before this body is fully compliant with the Paris Principles and independent, it seems to have embraced its important role in promoting and protecting human rights and is trying to address its shortcomings in order to enhance its credibility and effectiveness. 

I also acknowledge efforts towards building a society based on the rule of law. Central to this is the continuing review and reform of legislation and the adoption of new laws. I am encouraged that relevant stakeholders, such as civil society and international organizations, are being consulted on some of the draft laws being prepared. More time should be given to enable broader consultation and proper consideration of draft laws. I am also encouraged that draft laws are now being published in the media prior to their consideration by Parliament. At the same time, given the scope and pace of the legislative reforms, it is vital that equal attention be paid to implementation as well as to raising awareness of new laws amongst the general public. Additionally, greater coordination, priority-setting and clarity in the timetable for legislative reform is needed, particularly with respect to the laws that I have previously identified as not being in full compliance with international human rights standards, such as the State Protection Law, the Electronic Transactions Law and the Unlawful Associations Act. 

Central to upholding the rule of law is an independent, impartial and effective judiciary. I was encouraged to see that the Supreme Court has engaged with and sought capacity-building and technical assistance from the international community, which goes some way towards addressing my previous recommendations on this issue.

Despite these positive developments, Myanmar continues to grapple with serious human rights challenges which, as the events in Rakhine State demonstrate, need to be addressed for democratic transition and national reconciliation to properly take hold. 

The human rights situation in Rakhine state is serious. I witnessed the widespread suffering of people who have lost their homes and livelihoods as a result of the violence and express my sympathy to the victims from both communities. I note the actions taken by the Government to restore law and order, including the deployment of additional security forces to the area, and the establishment of a commission to investigate the incidents that sparked the communal violence. I am concerned, however, at the allegations I have received of serious human rights violations committed as part of measures to restore law and order. These include the excessive use of force by security and police personnel, arbitrary arrest and detention, killings, the denial of due process guarantees and the use of torture in places of detention. While I am in no position to be able to verify these allegations at this point in time, they are of grave concern. It is therefore of fundamental importance to clearly establish what has happened in Rakhine State and to ensure accountability. Reconciliation will not be possible without this, and exaggerations and distortions will fill the vacuum to further fuel distrust and tensions between communities. Therefore, I join the calls of others for an independent and credible investigation into these allegations of human rights violations as a matter of urgency. And I offer my assistance in this regard.

I welcome the actions taken by the Government and international organizations to attend to the immediate needs of the displaced and provide humanitarian assistance. But the situation still requires urgent attention to address concerns of access to food, water, sanitation and health care for those displaced, particularly in the larger camps. I therefore encourage the international community to respond to the Myanmar authorities’ appeal for increased humanitarian assistance. I am also concerned at the sentiments against the United Nations and international non-governmental organizations, particularly regarding perceptions amongst the Rakhine Buddhist community that humanitarian assistance is not being provided according to the principles of impartiality and neutrality. I encourage the international organizations involved to work jointly with the Government authorities to counter these perceptions. 

Further, while the Government is clearly trying to respond to the immediate humanitarian needs and has a medium-term plan for the resettlement for those displaced, attention must be paid to the development of a longer-term strategy for rehabilitation and reconciliation – one that is based on integration and not separation of the two communities. This strategy should be anchored in ensuring that the fundamental rights of all are respected and address the underlying causes of the violence. I am extremely concerned about the deep-seated animosity and distrust which exists between the communities in Rakhine State. The situation will only further deteriorate unless brave steps are taken by the Government. 

In this respect, I have, throughout my mandate, consistently highlighted concerns regarding systematic discrimination against the Rohingya community. Such concerns include the denial of citizenship or legal status to Rohingyas, restrictions on their freedom of movement, marriage restrictions, and other discriminatory policies. I hope that steps will be taken to address these issues, including a review of the 1982 Citizenship Act to ensure that it is in line with international human rights standards.

The international community also has a role to play in helping to identify durable solutions, premised on human rights principles, to the statelessness of the Rohingyas. I urge Myanmar’s neighbours and States across the region to recognize that they have an obligation under international law to protect the human rights of all persons within their borders regardless of whether or not they are recognized as citizens of that country and to guarantee respect for the international principle of non-refoulement. 

During my mission, I interviewed six United Nations staff members, in Insein and Buthidaung prisons, who have been detained in connection with the events in Rakhine State. I have also received information that a number of staff of international non-governmental organizations have been similarly detained. Based on my interviews, I have serious concerns about the treatment of these individuals during detention. I am of the view that the charges against them are unfounded and that their due process rights have been denied. This is reminiscent of the experiences of prisoners of conscience whom I interviewed in Insein Prison. I therefore call for the immediate release of these individuals and a review of their cases. I have also received information that the lawyer I met has received threats to deter him from representing one of the United Nations staff. I call on the authorities to guarantee that the individuals I met do not face reprisals and to ensure their protection and that of their families at this time. 

I also met with other prisoners of conscience at Insein Prison. While I commend the President for the recent release of an additional number of prisoners last month, I am concerned that there are remaining prisoners of conscience being held not only in Insein but also in other prisons; information which was also conveyed during my mission. I must therefore once again call for the release of all remaining prisoners of conscience without conditions or delay. National reconciliation and democratic transition cannot move forward without this necessary step. And the international community needs to remain engaged on this issue. 

In this respect, while I am aware of continuing efforts to address discrepancies in the numbers of remaining prisoners of conscience from different sources, I believe that a comprehensive and thorough investigation is still needed to clarify records and determine accurate numbers. This must be done urgently and in consultation with relevant stakeholders, such as former prisoners of conscience and civil society. Regardless of these efforts, there are prisoners whose identities and cases are known and there is no reason why their release should be further delayed.

In Insein Hospital, I also met with Phyo Wai Aung, whom I had met on my two previous missions. I was informed yesterday that Phyo Wai Aung had been granted amnesty and was released. I welcome this news and commend the President and the Government for taking this positive step.

During my mission, I discussed developments and progress made in addressing the ongoing tensions and conflict with armed ethnic groups in border areas, particularly in Kachin State. I welcome the ceasefire agreements reached with 10 ethnic armed groups thus far and am aware of efforts to attend to post-ceasefire needs, dialogue with ethnic groups and progress ceasefire agreements into peace agreements. Efforts towards finding a durable political solution to the conflict should be accelerated and should address long-standing grievances and deep-rooted concerns amongst ethnic groups.

Yet, as a result of ongoing conflict, particularly in Kachin State, I continue to receive allegations of serious human rights violations committed, including attacks against civilian populations, extrajudicial killings, sexual violence, internal displacement, and torture. Furthermore, I received allegations of the use of landmines, the recruitment of child soldiers, as well as forced labour and portering committed by all parties to the conflict. I must therefore reiterate that it is vital for these allegations to be addressed as a matter of priority. The Government and all armed groups must do more to ensure the protection of civilians during armed conflict. International human rights and humanitarian law must be respected.

I must also emphasize that the needs of those displaced and affected by the conflict, including in non-Government controlled areas, must be addressed as a matter of priority. The United Nations and its humanitarian partners must have regular, independent and predictable access to all individuals in need, regardless of whether they are in Government or non-Government controlled areas. 

Finally, I remain of the opinion that addressing grievances from decades of human rights violations is crucial for democratic transition and national reconciliation. Acknowledging the suffering of victims and allowing them to heal will help to prevent future violations from occurring.

In this regard, I have discussed with different stakeholders, including ethnic groups, political party leaders, and members of Parliament, the establishment of a truth commission. I believe that Parliament, as the only multi-party and multi-ethnic public institution, is the most appropriate body for the creation of such a commission and for this difficult but necessary task. As a first step, there should be a process of consultation with all relevant stakeholders, including victims of human rights violations, in order to get their advice and views on how this truth commission should be shaped. Lessons should be learned from other countries that have experience in these processes. Assistance may be provided by the United Nations and other international organizations.

To conclude, as reforms deepen in Myanmar, my mandate can help to highlight the importance of placing human rights standards and principles at the very heart of this process. Take, for instance, the flood of foreign investment that is beginning to enter the country. Adopting a human rights-based approach ensures that the principles of participation, non-discrimination, transparency, accountability and the rule of law guide this process. With this guiding framework of human rights, investments will serve to create a more fair and just society, in which the human rights of the people of Myanmar are fulfilled. The time to firmly embed a human rights-based approach in economic and social development is now. 

More generally, I believe that human rights should not fall off the agenda, and human rights concepts and principles need to be at the forefront of the entire reform process, driving it forward and keeping it focused on addressing the needs and aspirations of the people of Myanmar. It is my responsibility, as Special Rapporteur, to continue to emphasize this point.  
I want to again thank the Government of Myanmar for its invitation and cooperation. I look forward to another visit to the country before my next report to the Human Rights Council in 2013. And I reaffirm my willingness to work constructively and cooperatively with Myanmar to improve the human rights situation of its people.

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The OIC Ambassador HE Ufuk Gokcen expressed serious concern over the deteriorating situation in Arakan in a meeting with Prof. Dr. Wakar Uddin, the Director General of Arakan Rohingya Union (ARU) and the Chairman of the Burmese Rohingya Association of North America (BRANA), and Nay San Oo, the Information Secretary of BRANA and the Co-founder of Free Rohingya Campaign, at the OIC Mission at the United Nations. 

In response to the questions by the HE Ambassador, Dr. Uddin provided detailed accounts of the current crisis in Arakan and the most immediate needs of the Rohingya victims in Northern Arakan State. Dr. Uddin and Nay San Oo explained how the brutal murders of Rohingya men, women, and children by Buddhist Rakhine vigilantes recently has transitioned to massive arrests, torture, and cold blooded murders of innocent Rohingya men by Burmese police, Lon Htein, and Nasaka forces in jails. They further explained how the State of Emergency imposed by Burmese government in Arakan is taking toll on Rohingya as they cannot go out of their houses in search of food and medicine even during day time as the Rakhine mobs are continuously attacking and looting Rohingya while Burmese police forces are providing coverage for Rakhine. “ The Rakhine are not obeying the state of emergency law, and they are roaming the streets and looting Rohingya houses. The imposition of state of emergency is providing leverage for Rakhine and crippling the Rohingya. These are compelling evidences of how the Burmese government has manipulated the situation in favor of Rakhine through this state of emergency law to further marginalize Rohingya” Dr. Uddin stated. “The Burmese forces are raiding Rohingya houses and taking the male adults away to unknown destinations. There are numerous cases of assault on Rohingya women and rapes by Burmese forces, particularly where men of the households were taken away by the Burmese forces” he added. Dr. Uddin has appealed to the HE Ambassador to assist the international community in rapid mobilization of the food aid to Rohingya as the Burmese forces are diverting the current aid supplies to Rakhine. He has also given the accounts of numerous mosques gutted and others shut down in Arakan by the Burmese government - not allowing Rohingya to pray and arresting Imams in several locations. 


ARAKAN ROHINGYA UNION (ARU) DIRECTOR GENERAL BRIEFS AT THE UN  

On the same day, in the afternoon, Dr. Uddin and Nay San Oo were invited to the United Nations for a closed-door briefing on the current situation in Arakan. The briefing was conducted through audio-visual presentation, beginning with demographic background information on Rohingya, some highlights of the roles of Rohingya in the multi-ethnic political process during the post-colonial periods of Burma, how the military dictatorship have systematically revoked the citizenship of Rohingya, the persistent human rights violations and persecution of Rohingya by the Burmese government forces, coordinated ethnic cleansing in Rohingya areas in Arakan, the ultra-nationalist and racist ideology of Rakhine as a compounding factor, implication of Burmanization schemes in ethnic minority areas in Burma, and the current ongoing violence and genocide against Rohingya in Arakan. Dr. Uddin stressed the serious needs of humanitarian aid such as food, shelter, and medicine as the current aid supplies are not reaching Rohingya people. Additionally, the Rakhine vigilantes are robbing food from Rohingya, if there is any remnant left in Rohingya’s possession. Further, Dr. Uddin made an urgent appeal the UN to intensify its efforts in Arakan and to demand Burmese Government to allow immediate deployment of UN personnel, particularly a commission of enquiry and peacekeeping/monitoring team, in Arakan State. In conclusion, Dr. Uddin stressed “we are running out of time, people are dying in the open and in jails of horror - please initiate the deployment of UN personnel in affected areas urgently”. 

RB News Desk



Burma has been asked to clarify why 10 local UN and nongovernmental aid workers were arrested last month in Arakan (Rakhine) State, some allegedly on criminal charges.

The detained staff include three Burmese nationals working for the UNHCR, the agency's spokeswoman Melissa Fleming told a UN briefing in Geneva. She declined to give details.

Another UN official said the 10 detained included three workers with the UN World Food Programme and some from Doctors Without Borders.

UN High Commissioner for Refugees Antonio Guterres met with Burmese officials last week, offering to help the government reconcile Buddhist and Muslim relations in Rakhine State, where widespread violence flared last month claiming up to 79 lives.

UN officials said Guterres presented different proposals to Burmese President Thein Sein and other officials to bring the two two communities together. Rohingya Muslims in Burma are denied citizenship and other basic rights, and the UN says the group is one of the most discriminated groups in the world.

UN spokeswoman Fleming said the UNHCR continues to view the unstable situation in Rakhine with concern.

“We would like to state that in Rakhine State we remain absolutely committed to delivering humanitarian assistance to both populations, the Rakhine and the Muslim without any discrimination,” Fleming said

She said the situation of Royingya fleeing across the border to Bangladesh has slacked off.

“We are absolutely monitoring this and hopeful that things will return back to normal and that relations between the two communities can be re-established,” she said. “But, one of the festering problems is, of course, the statelessness situation, As the nationality law stands, it is based on ethnicity and it does exclude certain groups including the Muslim Rohingya population.”

Fleming said the UNHCR believes nationality should be granted to members of the Rohingya Muslim community who are entitled to have it according to the present legislation. And, others, she said should receive a legal status that would grant them the rights required to develop a normal life in the country.

On Thursday, Mizzima reported that three UN employs appeared before a court for a hearing on their case in the Maungdaw District Court, after being detained by the Nasaka, a border guard force, during the sectarian violence in June.

The Narinjara website also reported a worker with Doctors without Borders was also arrested and appeared in court, but Narinjara was unable to confirm that report.

On June 29, Mizzima reported that 12 aid workers representing the United Nations and Doctors Without Borders had been detained in Arakan State during the unrest. UN officials met with Burma’s foreign minister in Naypyitaw, the capital, two weeks ago to discuss the detentions, but the outcome of that meeting is not known.

On June 16, Reuters news agency reported that police in Buthidaung Township for unknown reasons detained three UN staff members, two from the U.N. refugee agency and one from the World Food Programme. All were Burmese nationals.

On June 12, Doctors Without Borders announced it had suspended its operations in parts of Arakan State, saying that its staff members where unsafe in the area.

Official Burmese government figures say up to 79 people were killed in the sectarian violence that racked the region starting in June, driving tens of thousands of refugees to seek safe shelter. International and domestic aid agencies rushed into the area to offer food, shelter and medicine as the violence continued.

On Friday in Siem Reap, US Secretary of State Clinton raised the issue of Rohingya Muslims in western Burma. Clinton said that the US considers the Rohingya "internally displaced persons," according to wire reports. Thein Sein this past week proposed that the U.N. High Commissioner for Refugees resettle the Rohingya in a third country or take responsibility for them, a suggestion rejected by the United Nations as unsuitable.

Thein Sein's response to Clinton on the issue was to describe the situation as "very dangerous," said a US official. Clinton also expressed concern about the detained UN workers.

Source : Mizzima


Photo: Dsuniaga/FLickr


The United Nations is ready to assist thousands of people displaced by recent ethnic and sectarian violence in Myanmar’s northern Rakhine State, and a UN Special Rapporteur on Human Rights has visited the region to assess the situation.

“The government has indicated that food, shelter and medical assistance are urgently required,” UN Resident and Humanitarian Coordinator Ashok Nigam told IRIN from Yangon, the former capital, on 15 June. “The UN and its humanitarian partners stand ready to support, as long as security to staff can be guaranteed during operations.”

The Rakhine State Minister said dozens of people had been killed, and close to 32,000 were now displaced and staying in 37 camps for internally displaced persons (IDPs), the local Burmese media reported. However, aid workers say the situation remains volatile and it is difficult to verify those figures.

On 13 June, Myanmar’s Border Affairs Minister, Maj-Gen Thein Htay, accompanied by Tomás Ojea Quintana, the UN Special Rapporteur on Human Rights in Myanmar, visited Maungtaw, the capital of Rakhine State, where they met with residents whose homes had been destroyed.

More than 1,500 homes were reportedly burned in the violence after the alleged rape and murder of a young Buddhist woman by a group of Rohingya Muslim men on 28 May, followed by an attack on a bus on 3 June, in which 10 Muslims died.

In an effort to quell the violence, Burmese President Thein Sein declared a state of emergency in Rakhine on 10 June.

“The underlying tensions that stem from discrimination against ethnic and religious minorities pose a threat to Myanmar’s democratic transition and stability. I urge all sides to exercise restraint, respect the law and refrain from violence,” Quintana said.

“It is critical that the government intensify its efforts to defuse tension and restore security to prevent the violence from spreading further,” he said, calling on the authorities to lift the state of emergency as soon as order was re-established.

Discrimination against the Muslim community, particularly the Rohingyas in Rakhine State, was the root cause of the violence, the Special Rapporteur noted, stressing the need for the authorities to take steps to address long-standing issues of deprivation of citizenship, freedom of movement, and other fundamental rights for the Rohingya.

Human Rights Watch has consistently described the treatment of the Rohingya in Myanmar as “deplorable”.

Under Burmese law, Rakhine’s 800,000 Rohingya are stateless and are not included in the country’s official list of 135 ethnic groups.

Hundreds of thousands have fled persecution to neighbouring Bangladesh over the past three decades, mostly in the 1990s.

“Policing action should be carried out impartially, in line with human rights standards, and with respect for the principles of legality, proportionality and non-discrimination,” Quintana said.

President Thein Sein called on various segments of Burmese society to jointly maintain peace and stability, and Quintana noted that this obligation also extended to all state security forces because they were responsible for restoring order.

Underscoring the sensitivity of the issue, some Burmese have taken to the internet to express their dissatisfaction with how the situation has been portrayed in the international media.

The Special Rapporteur emphasized that “Responsible media reporting is also imperative to prevent violence from escalating.”

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The United Nations top envoy for Myanmar has called for an investigation into violence that recently took place in the country’s Rakhine state.

“The Special Adviser [Vijay Nambiar] calls for a full, impartial, and credible investigation of the disturbances to be conducted urgently as well as to ensure that the rule of law is enforced in a transparent manner,” according to a UN news release.

The Secretary-General’s Special Adviser for Myanmar, Vijay Nambiar, was in the south-east Asian nation to participate in a meeting of the Peace Donor Support Group, as well as meet with government leaders, including President Thein Sein, in the capital, Naypyitaw.

While there, serious disturbances occurred in Rakhine state, in the country’s west, which led to the Government declaring a state of emergency there. The UN also temporarily relocated, on a voluntary basis, some of its staff based in the towns of Maungdaw and Buthidaung, as well as Rakhine state’s capital, Sittwe.

According to media reports, the violence in Rakhine state, between ethnic Rakhine Buddhists and Rohingya Muslims, left at least a dozen civilians dead and hundreds of homes destroyed since last Friday.

Mr. Nambiar and the UN Resident and Humanitarian Coordinator, Ashok Nigam, travelled to Maungdaw, with a Government minister. There, they accompanied the minister on a visit to camps of the internally displaced persons (IDPs), where the Special Advisor expressed concern and sympathy for their situation, and assured the support of the United Nations.

The UN officials were informed that around 15,000 people had been internally displaced in Rakhine state. On Friday, the office of UN Resident and Humanitarian Coordinator Nigam said these numbers are now reported to be over 30,000.

The team of UN officials also had an opportunity to review the situation with the aim of responding to the request from the Government for urgent humanitarian assistance for the affected people in Maungdaw, Buthidaung and Sittwe – the Government has indicated that food, shelter and medical assistance are urgently required.

According to UN Resident and Humanitarian Coordinator Nigam’s office, the UN will conduct both a security and needs assessment to respond rapidly to the needs of the people, including the deployment of staff to Rakhine state.

“The UN will work with the Government and its humanitarian partners to meet these needs,” the Resident Coordinator’s office said in a news release. “Already more than 400 bags of rice have been distributed in the last two days.”

“Additional food is being distributed by the UN to all the people in need in accordance with UN procedures which require food to be distributed according to the humanitarian principles of impartiality and neutrality,” it added.

In his meetings with President Sein, Mr. Nambiar discussed the state of emergency and the need for the Government to continue to handle the situation transparently and with respect for human rights and the rule of law, consistent with recent comments from the President, in order that the cycle of violence is broken and the country’s broader reform process is not adversely affected.

Mr. Nambiar’s visit followed the one made by Secretary-General Ban Ki-moon in late April, during which he pledged the UN’s continued support for Myanmar as it continues with the process of national reconciliation and democratic transition begun last year by President Sein.

Separately on Friday, the Office of the UN High Commissioner for Refugees (UNHCR) said it was deeply concerned about the welfare of people fleeing violence in Rakhine state and appealed to Bangladesh to offer safety and shelter.

“UNHCR recognizes that, for years, Bangladesh has been bearing the brunt of the forced displacement caused by earlier crises in Myanmar. The latest events pose new challenges and UNHCR hopes that Bangladesh will respond in line with the country's long history of compassion and solidarity,” UNHCR said in a news release.

The refugee agency said it “has first-hand, credible accounts of boats from Myanmar not being enabled to access Bangladeshi waters. These reports indicate women, children and some wounded are on board.”

It added that there were now a number of boats drifting in the mouth of the Naf River, which marks the Bangladesh-Myanmar border, and that there were “desperate people on board in need of water, food and medical care. It is vital that these people are allowed access to a safe haven and shelter.”

UNHCR said that it is encouraged by statements by Myanmar senior officials, including from President Sein, aimed at defusing the situation and appealing for calm, patience and restraint.

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KUALA LUMPUR - UN Secretary-General Ban Ki-moon on Thursday commended Myanmar's moves towards democracy and said he was considering visiting soon after a by-election set for next month.

"I myself am considering visiting Myanmar at a certain date as soon as the election is over," Ban told a press conference during a visit to Malaysia.

The by-election will see Nobel laureate Aung San Suu Kyi stand for a seat in parliament for the first time, and comes a year after a nominally civilian government took power following the end of decades of outright military rule.

"I am encouraged by the recent developments in Myanmar toward a greater participatory democracy and a greater freedom of movement, greater freedom of speech..." Ban said.

"This has given a greater sense of hope and expectations from the international community to see more and greater development in Myanmar.

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Report of the Special Rapporteur on the situation of Human Rights in Burma that will be presented to the 19th session of the UN Human Rights Council on March 12th.




Human Rights Council discusses the Human Rights situation in Myanmar.Burma




Special Rapporteur on human rights in Myanmar, Tomás Ojea Quintana. UN Photo/Pierre-Michel Virot12 March 2012 – 

An independent United Nations expert urged the Government of Myanmar to take an “active approach” to protect human rights in the country and commit to implementing reforms to ensure lasting peace and reconciliation.

Presenting his report to the UN Human Rights Council in Geneva, Tomas Ojea Quintana said he welcomed positive steps by the Government to adopt policies to protect the rights of its citizens, but warned that there are “serious human rights concerns that remain to be addressed,” regarding legislative policies, prisoner releases, and poverty and development, as well as ethnic groups.

Mr. Ojea Quintana, who is the Special Rapporteur on the situation of human rights in Myanmar, has consistently called for the immediate release of all prisoners of conscience. He told the Council that while he welcomed the four amnesties that have been granted by the new Government, he was disturbed about discrepancies in the numbers of remaining prisoners, and urged that a “comprehensive and thorough investigation be undertaken to clarify records and determine accurate numbers.”

In his remarks, the Special Rapporteur also focused on poverty and security in the country, and emphasized that it is essential to ensure that development and economic growth are not concentrated in a few areas but includes all of society, including ethnic border areas.

In addition, he stated that an increase in privatization initiatives should be accompanied by appropriate measures to protect land owners, the environment, and any other sectors that may be negatively affected by the activities of private enterprises.

Mr. Ojea Quintana also called on the Government to develop a plan to “officially engage with ethnic minority groups in serious dialogue and to resolve long-standing and deep-rooted concerns,” calling it an essential step for national reconciliation and for Myanmar’s long-term political and social stability.

The upcoming by-election on 1 April, Mr. Ojea Quintana underlined, will be “a key test” of how far the Government has progressed in its process of reform, adding that it is essential that they are free, fair, inclusive and transparent.

The Special Rapporteur stated that the international community also has the responsibility to support the people of Myanmar in the reform process, and urged Government authorities to seek the guidance of the Office of the UN High Commissioner for Human Rights (OHCHR) and other international bodies.

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Photo :Wikipedia

Rangoon - The international community should lift restrictions on UN programmes in Burma to support its government's reforms, a visiting senior UN official said Friday.

"Now is the time to step up support and to adjust existing policies in order to help build conditions for sustaining the reform and for the betterment of Myanmar’s peoples," said Vijay Nambiar, special adviser on Myanmar to UN Secretary General Ban Ki-moon.

"It is urgent that the government delivers on the socio-economic needs of the people so that they start benefiting in real terms from the reforms so far," he said at the end of a five-day visit to Burma.

The statement seemed directed at the United States, which is the largest contributor to the UN budget at 22 per cent and which has blocked UN agencies in Burma from working directly with the government for the past two decades. The restrictions were meant to punish the former ruling military junta for its poor human rights record and refusal to make political reforms.

The civilian, albeit pro-military government that came to power in March after the country’s first elections in 20 years has pushed through a series of political and economic reforms that have prompted a flood of high-levels visits to the once-pariah state.

"The changes currently under way in Burma have attained an unprecedented level of initiative as recognized by a range of stakeholders across the political spectrum," Nambiar said as he prepared to leave Burma after talks with President Thein Sein, legislative Speaker Shwe Mann and opposition leader Aung San Suu Kyi.//DPA

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Statement of the Special Rapporteur on the Situation of Human Rights in Myanmar
By Tomas Ojea Quintana, 5 February 2012, Yangon International Airport, Myanmar

I have just concluded my six-day mission to Myanmar - my fifth visit to the country since I was appointed Special Rapporteur in March 2008. I would like to express my appreciation to the Government of Myanmar for its invitation and hospitality, and for the cooperation and flexibility shown during my visit.

During the mission, I met with the Minister of Home Affairs, the Minister of Defence, the Minister of Border Affairs, the Attorney-General, the Chief Justice of the Supreme Court, the Union Election Commission, the Deputy Minister of Foreign Affairs, the Deputy Minister of Information, the Deputy Minister of Education, the Deputy Minister of Labour, as well as the Speaker and several members of the Pyi Thu Hluttaw. During my meetings in Nay Pyi Taw, I also met with some of the Presidential Advisors and representatives of the Ministry of Social Welfare, Relief and Resettlement, as well as with members of the various Government and Parliamentary peacemaking groups, including the Minister of Rail Transportation.

In Yangon, I had another fruitful exchange of views with Daw Aung San Suu Kyi. I met with members of the recently-established National Human Rights Commission and discussed a range of human rights issues. Additionally, I met with three prisoners of conscience in Insein Prison, as well as with released prisoners of conscience, including members of the 88 Generation Students Group, some of whom I had previously addressed in my reports or had visited in prison. Also in Yangon, I met with representatives of civil society organizations and ethnic parties, as well as members of the United Nations Country Team. I thank the Resident Coordinator and the Country Team for the support provided to me during my mission. I also travelled to Kayin and Mon States where I met with the respective Chief Ministers and representatives of state government, as well as ethnic parties in state parliaments. At the conclusion of my mission, I briefed the diplomatic community.

Since my last visit in August 2011, there has been a continuing wave of reforms in Myanmar, the speed and breadth of which has surprised many international observers and many in the country. The impact of these reforms on the country and on its people is immediately perceptible. During my mission, Parliament was meeting in its third regular session and was discussing a number of important issues, including, for the first time, the country’s budget. Legislative reforms were underway, including a new draft media law which I was told would abolish censorship and provide some guarantees for the freedom of opinion and expression. Campaigning for the by-elections scheduled on 1 April had begun in earnest and Daw Aung San Suu Kyi’s activities and statements were covered in the national media. An initial agreement was reached with another armed ethnic group and negotiations continued with others. It was therefore important to assess the human rights situation in light of these developments and at this key moment in Myanmar’s history. My report containing my assessment will be presented to the Human Rights Council in March 2012.

Of great importance is the release of many prisoners of conscience, including a significant number in January this year, as well as many prominent figures over the past few months. I welcomed their release in all my meetings and commended the Government for taking this bold step. I stressed that they, and all people of Myanmar, should be allowed to play an active role in political and public life. In my meeting with released prisoners of conscience, I received a clear signal of their intention to engage constructively in the political process and their commitment to further democratic transition. Our discussion also addressed ongoing human rights concerns, including continuing limitations on the freedoms of association and assembly, and of opinion and expression, the continuing conflict in ethnic border areas, particularly in Kachin State, and the need to address longstanding social and economic development challenges. I am, however, concerned by information received that some of those released were being monitored or followed. I therefore urge that any restrictions on their exercise and full enjoyment of human rights should immediately be removed. 

I also met with three prisoners of conscience at Insein Prison, one of whom I had previously met during my mission last year. While I was informed that prison conditions had generally improved, I also received allegations of continuing ill-treatment by prison officials and the continuing transfers of prisoners to prisons in remote areas, often without their prior notification and without proper notification of family members. 

Of particular concern is the information I received of remaining prisoners of conscience being held not only in Insein but also in other prisons; information which was also conveyed during my meeting with released prisoners. I therefore reiterate that the Government should release all remaining prisoners of conscience without conditions and without delay. This is a central and necessary step towards national reconciliation and would greatly benefit Myanmar’s efforts towards democracy. I am keenly aware that there are continuing discrepancies in the numbers of remaining prisoners of conscience from different sources. A comprehensive and thorough investigation is needed to clarify records and determine accurate numbers. I therefore encourage the Government to consider this issue urgently, including with the assistance of the international community as necessary.

Also of significance are the many legislative reforms that have been undertaken or are underway, including the adoption of the Labour Organizations Law and the Peaceful Demonstration and Gathering Law, as well as the amendment to the Political Party Registration Law. In this respect, I am encouraged that the Parliament has been active in this legislative reform process. During my mission, I was informed that the process of drafting a revised Prisons Act, a new media law – the Printing Press and Publications Law, and a new social security law, among others, were currently underway. At the same time, I note concerns regarding some of the provisions in the newly-adopted legislation, particularly the Peaceful Demonstration and Gathering Law, and in draft laws, particularly the Printing Press and Publications Law, which I will elaborate upon more fully in my upcoming report. I also note concerns regarding the lack of adequate consultation with relevant stakeholders, including civil society, on some of the draft laws being prepared. Another concern is the insufficient attention being paid to ensure the effective implementation of the newly-promulgated and reformed laws. This can be attributed to, among other factors, the slow pace in establishing the necessary implementing regulations and procedures, and the lack of corresponding capacity of institutions to implement.

There is also a lack of clarity and progress on reviewing and reforming the laws that I have previously identified as not in full compliance with international human rights standards, such as the State Protection Law, the Electronic Transactions Law and the Unlawful Associations Act. These laws impinge upon a broad range of human rights and have been used to convict prisoners of conscience. During my mission, I addressed this issue with the Attorney General. While I welcome the assurances given that the Government is taking serious and gradual steps to reform these laws, I reiterate that this process should be accelerated.

Regardless of efforts made to reform legislation, an independent, impartial and effective judiciary within the powers of the Constitution is needed to uphold the rule of law and act as a last guarantor for safeguarding fundamental freedoms and human rights in Myanmar. The judiciary is also essential for Myanmar’s transition to democracy and should play an important role in ensuring checks and balances on the executive and the legislative. I have previously expressed concerns regarding the judiciary, and I remain concerned with its lack of independence and impartiality. In my meeting with the Chief Justice and other justices of the Supreme Court, there was little acknowledgement of any challenges and gaps, and a lack of willingness to address my previous recommendations. I therefore strongly call on the judiciary to take a proactive approach to apply laws in a way that would safeguard and guarantee fundamental freedoms and human rights in line with the Constitution and with international human rights standards. In this regard, I urge the judiciary to seek technical assistance from the international community, particularly the Office of the United Nations High Commissioner for Human Rights (OHCHR) and other organizations.

During the mission, I also had the opportunity to engage with members of the National Human Rights Commission for the first time since its establishment by Presidential Decree in September last year. I was informed of some actions undertaken by the Commission, including prison visits, visits to internally displaced persons (IDPs) in Kachin State, and the receipt and review of complaints from citizens. I was encouraged to hear that the resources available to the Commission may be increased significantly, including an increase in the number of staff supporting its work. 

Despite these positive developments, I am concerned that there are no indications as yet that the Commission is fully independent and effective in compliance with the Paris Principles. At present, it seems that the Commission cannot fully guarantee human rights protection for all in Myanmar. I was informed that the Commission’s draft rules of procedure were being examined by the judiciary, and were awaiting the approval of the Council of Ministers. This sends the wrong signal that the Commission is not fully independent from the Government. Also, I was informed that its prison visits were dependent on presidential authorization. Moreover, while the President appointed Commission members representing different ethnic minority groups, the vast majority of the Commissioners are retired government civil servants. And some informed me that they were neither consulted nor informed in advance of their appointment. There also doesn’t seem to be clarity on its procedures, including for handling complaints and conducting prison visits. In this respect, I was informed that interviews were conducted in the presence of prison officials. 

There is clearly a strong need to enhance the technical and substantive capacity of the Commissioners and its staff on human rights issues. I welcome the willingness of the Commission to seek training and technical assistance from OHCHR and the international community as a whole on the Paris Principles and other important substantive areas, such as handling human rights complaints and prison monitoring. 

I have stated previously and continue to believe that the upcoming by-elections on 1 April will be a key test of how far the Government has progressed in its process of reform. It is therefore essential that they are truly free, fair, inclusive and transparent. During my meeting with the Union Election Commission, I noted that developments, such as the easing of media restrictions and the revision of the Political Party Registration Law, resulting in the re-registration of a number of political parties, including the National League for Democracy, and the decision of some to contest the by-elections, may allow for the organization of more credible elections. And I was informed that the use of international observers was under consideration. 

While I was given assurances by the Chair of the Union Election Commission that the by-elections will be free and fair, I must stress that the credibility of the elections will not be determined solely on the day of the vote, but on the basis of the entire process leading up to and following election day. Thus, reports I received of campaign irregularities and restrictions on the ability of political parties to carry out campaign activities should be addressed seriously by the Union Election Commission. Additionally, lessons should be learned from the 2010 elections, and problems such as the high cost of registration, the use of advance votes, and the procedures and costs for filing a complaint should be addressed as a matter of priority. Further, respect for the freedoms of expression, assembly and association should be ensured. 
Also during my mission, I was informed about the various measures undertaken to address Myanmar’s longstanding development challenges, including economic and financial reforms, and initiatives such as the conference on development policy options organized by the Government and the United Nations Country Team. Parliament was also discussing the budget, which proposes to increase spending in health and education. While I welcome the Government’s commitment to socio-economic development and poverty reduction, many challenges remain and the situation is still dire. Concerns regarding the availability and accessibility of education and health care were specifically highlighted, as well as the need for the teaching of ethnic minority languages in schools in minority areas. Concerns regarding land confiscations and land grabbing, often without meaningful consultation of affected communities and any or adequate compensation, as well as the granting of economic concessions for energy or infrastructure projects without adequate environmental assessments done, were also brought to my attention. In this regard, I renew my call on the Government to ensure not only the realization, but also the protection of basic economic, social and cultural rights. These are fundamental rights that are equally essential to Myanmar’s democratic transition, national reconciliation and its long-term stability. 

Concerns regarding the ongoing tensions and conflict with armed ethnic groups in border areas, particularly in Kachin State, were consistently raised during my mission. I received continuing allegations of serious human rights violations committed during conflict, including attacks against civilian populations, extrajudicial killings, sexual violence, internal displacement, land confiscations, the use of human shields, the recruitment of child soldiers, as well as forced labour and portering. And I must emphasize that I received reports of violations being committed by all parties to the conflict. While I welcome the Government’s commitment to peace talks and the progress made in this regard, such as the agreements reached with various groups, including most recently, the Mon, it is vital that these allegations and reports be urgently addressed. I was informed that action had been taken on some cases involving military personnel, but much more needs to be done. It is also vital that the authorities and all armed groups ensure the protection of civilians in conflict-affected areas.

I must also emphasize that the needs of those displaced and affected by the conflict must be addressed as a matter of priority. In this regard, it is important that the United Nations and its humanitarian partners have regular, independent and predictable access to all individuals, in particular IDPs, in need of humanitarian assistance, regardless of whether they are in Government or non-Government controlled areas. Further, delivery of humanitarian assistance under the United Nations umbrella cannot be linked to ongoing negotiations between the Government and armed groups or be made conditional to the Government’s assistance to people in non-Government controlled areas.

More broadly, efforts towards finding a durable political solution to the conflict must be accelerated and are essential for broader national reconciliation. These must address the root causes of the conflict, including systematic discrimination, displacement and economic deprivation affecting ethnic minorities. I therefore renew my call to the Government to develop a comprehensive plan to officially engage ethnic minority groups in serious and inclusive dialogue to resolve long-standing grievances and deep-rooted concerns. The Government should ensure that ethnic minorities are granted fundamental rights. This includes the Rohingya community.

Finally, I remain of the firm conviction that justice and accountability measures, as well as measures to ensure access to the truth, are fundamental for Myanmar to move forward towards national reconciliation. During my mission, I made a careful assessment as to whether the National Human Rights Commission could play a role in this regard. However, considering the lack of independence and the limited capacity of the Commission, it is crucially important that the Government of Myanmar involve stakeholders, including victims of human rights violations, in order to get their advice and views on how and when to establish truth, justice and accountability measures. It is also important to learn lessons from other countries that have experience in these processes. 

I heard from many interlocutors about the importance of moving forward. But I must stress that moving forward cannot ignore or whitewash what happened in the past. Thus, facing Myanmar’s own recent history and acknowledging the violations that people have suffered, will be necessary to ensure national reconciliation and to prevent future violations from occurring.

To conclude, I have previously stated that the steps taken by the Government had the potential to bring about an improvement in the human rights situation in Myanmar and deepen its transition to democracy. My mission confirmed that a positive impact has been made; however serious challenges remain and must be addressed. There is also a risk of backtracking on the progress achieved thus far. Therefore, at this crucial moment in the country’s history, further and sustained action should be taken to bring about further change. Prior to its assumption of the Chairpersonship of ASEAN in 2014, I would encourage Myanmar to demonstrate concrete progress in improving its human rights situation. The international community should remain engaged and should support and assist the Government during this important time. 

I want to again thank the Government of Myanmar for its invitation and cooperation. I look forward to another visit to the country before my next report to the General Assembly in October 2012. I reaffirm my willingness to work constructively and cooperatively with Myanmar to improve the human rights situation of its people. 

ENDS

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အေရးတၾကီး ေျဖရွင္းစရာ လူ႔အခြင့္အေရးအေျခအေနေတြ က်န္ေနဆဲ

ျမန္မာႏိုင္ငံဆိုင္ရာ ကုလသမဂၢလူ့အခြင့္အေရးကိုယ္စားလွယ္ Tomás Ojea Quintana ၏ ရန္ကုန္အျပည္ျပည္ဆိုင္ရာေလဆိပ္သတင္းစာရွင္းလင္းပြဲ ေဖေဖာ္၀ါရီလ ၅ ၂၀၁၂

ျမန္မာႏိုင္ငံမွာ အေျပာင္းအလဲေတြ ျမန္ျမန္ဆန္ဆန္ျဖစ္ေပၚလာတာကို ႀကိဳဆိုေပမယ့္ လူ႔အခြင့္အေရး အေျခအေနေတြ တိုးတက္လာဖို႔ အတြက္ အေရးတႀကီး ေျဖရွင္းေဆာင္ရြက္ေပးဖို႔ လိုေနေသးတယ္လို႔ ျမန္မာႏိုင္ငံဆိုင္ရာ ဒီကေန႔ ညေနပိုင္း ရန္ကုန္ေလဆိပ္ သတင္းစာရွင္းလင္းပဲြမွာ ကုလသမဂၢ လူ႔အခြင့္အေရး အထူးကုိယ္စားလွယ္က ေျပာၾကားလိုက္ပါတယ္။

ျမန္မာႏိုင္ငံကို ၆ ရက္ၾကာ ခရီးေရာက္ရွိေနတဲ့ လူ႔အခြင့္အေရးအထူးကိုယ္စားလွယ္ မစၥတာေသာမတ္ကင္တားနားဟာ ဒီကေန႔မနက္ပိုင္းက မြန္ျပည္နယ္၀န္ႀကီးခ်ဳပ္နဲ႔ ေမာ္လၿမိဳင္ၿမိဳ႕မွာ ေတြ႕ဆံုခဲ့သလို မြန္ျပည္နယ္က တိုင္းရင္းသား ကိုယ္စားလွယ္ေတြနဲ႔လည္း ေတြ႔ဆံုခဲ့ပါတယ္။ အလားတူ မေန႔ကလည္း ကရင္ျပည္နယ္မွာ ေတြ႔ဆံုေဆြးေႏြးတာေတြရွိခဲ့တယ္လို႔ ရန္ကုန္ ကုလသမဂၢျပန္ၾကားေရး တာ၀န္ခံ ဦးေအး၀င္းက ေျပာပါတယ္။

မစၥတာကင္တားနားဟာ ဒီကေန႔ မဂၤလာဒံုေလယဥ္ကြင္းကမထြက္ခြာခင္ သံတမန္ေတြနဲ႔ ေတြ႔ဆံုခဲ့ျပီး ေလဆိပ္မွာပဲ သတင္းစာရွင္းပြဲကို ျပဳလုပ္ခဲ့ပါတယ္။ ခရီးစဥ္ ေတြ႔ရွိခ်က္ေတြကို ရန္ကုန္ UNDP ရံုးက ဒီကေန႔ညေနပိုင္းမွာ ထုတ္ျပန္ခဲ့ပါတယ္။ အဲဒီေၾကညာခ်က္ထဲမွာ ၾကားျဖတ္ေရြးေကာက္ပဲြအတြက္ ႏိုင္ငံေရးပါတီေတြကို စည္းရံုးလႈပ္ရွားခြင့္ အျပည့္အ၀ေပးဖို႕ ေရြးေကာက္ပဲြေကာ္မရွင္ကို တိုက္တြန္း ထားပါတယ္။

လႊတ္ေတာ္က ေျပာင္းလဲျပဌာန္းတဲ့ ဥပေဒ အသစ္ေတြကို ထိထိ ေရာက္ေရာက္နဲ႔ ျမန္ျမန္ဆန္ဆန္ အေကာင္အထည္ ေဖၚဖို႔ကိုလည္း တိုက္တြန္းထားသလို၊ တိုင္းရင္းသား ေဒသေတြနဲ႔ပတ္သက္လို႔ အစိုးရက အပစ္အခတ္ ရပ္စဲေရး ညွိႏႈိင္းေဆာင္ရြက္ေနတာကို ႀကိဳဆိုထားပါတယ္။ ဒါေပမယ့္ စစ္ပြဲေတြနဲ႔ ဆက္ႏြယ္ျပီး ကခ်င္ျပည္နယ္မွာျဖစ္ေပၚေနတဲ့ လူ႔အခြင့္အေရး ခ်ဴိးေဖာက္မွဳေတြကို ေျဖရွင္းေဆာင္ရြက္ဖို႔လည္း တိုက္တြန္းထားပါတယ္။


Source : RFA Burmese
Rohingya Exodus