Situation of human rights in Myanmar, G.A. res. 51/117, 51 U.N. GAOR Supp. (No. 49) at 271, U.N. Doc. A/51/49 (Vol. I) (1996).


 
      The General Assembly,
 
      Reaffirming that all Member States have an obligation to promote and
protect human rights and fundamental freedoms as stated in the Charter of the
United Nations and elaborated in the Universal Declaration of Human Rights,
the International Covenants on Human Rights and other applicable human rights
instruments,
 
      Aware that, in accordance with the Charter, the Organization promotes
and encourages respect for human rights and fundamental freedoms for all and
that the Universal Declaration of Human Rights states that the will of the
people shall be the basis of the authority of government,
 
      Recalling its resolution 50/194 of 22 December 1995,
 
      Recalling also Commission on Human Rights resolution 1992/58 of 3 March
1992, in which the Commission, inter alia, decided to nominate a special
rapporteur to establish direct contacts with the Government and with the
people of Myanmar, including political leaders deprived of their liberty,
their families and their lawyers, with a view to examining the situation of
human rights in Myanmar and following any progress made towards the transfer
of power to a civilian Government and the drafting of a new constitution, the
lifting of restrictions on personal freedoms and the restoration of human
rights in Myanmar,
 
      Taking note of Commission on Human Rights resolution 1996/80 of 23 April
1996, in which the Commission decided to extend for one year the mandate of
its Special Rapporteur on the situation of human rights in Myanmar,
 
      Noting with concern that the Government of Myanmar has not yet agreed to
visits by a representative of the Secretary-General and by the Special
Rapporteur,
 
      Gravely concerned that the Government of Myanmar still has not
implemented its commitment to take all necessary steps towards democracy in
the light of the results of the elections held in 1990,
 
      Recalling the release without conditions of Nobel Peace Prize Laureate
Aung San Suu Kyi on 10 July 1995,
 
      Gravely concerned at the travel and other restrictions placed on Aung
San Suu Kyi and other political leaders and at the recent mass arrests of
members and supporters of the National League for Democracy for peacefully
exercising their right to freedom of expression, assembly and association, and
alarmed by the attack, on 9 November 1996, on Aung San Suu Kyi and other
members of the National League for Democracy,
 
      Recalling the withdrawal and subsequent exclusion from the National
Convention of members of the National League for Democracy in late 1995,
 
      Regretting the failure of the Government of Myanmar to open a political
dialogue with Aung San Suu Kyi and other political leaders, including
representatives of ethnic groups,
 
      Gravely concerned at the continued violations of human rights in
Myanmar, as reported by the Special Rapporteur, including extrajudicial,
summary or arbitrary executions, killings of civilians, torture, arbitrary
arrest and detention, deaths in custody, absence of due process of law, severe
restrictions on freedoms of opinion, expression, assembly and association,
violations of freedom of movement, forced relocation, forced labour and
portering and the imposition of oppressive measures directed in particular at
ethnic and religious minorities,
 
      Recalling the observation made by the Special Rapporteur that the
absence of respect for the rights pertaining to democratic governance is at
the root of all the major violations of human rights in Myanmar,
 
      Recalling also the conclusion of ceasefire agreements between the
Government of Myanmar and several ethnic groups,
 
      Noting that the human rights situation in Myanmar has resulted in flows
of refugees to neighbouring countries, thus creating problems for the
countries concerned,
 
      1.    Expresses its appreciation to the Special Rapporteur of the
Commission on Human Rights on the situation of human rights in Myanmar for his
interim report, and urges the Government of Myanmar to cooperate fully with
the Special Rapporteur;
 
      2.    Also expresses its appreciation to the Secretary-General for his
report;
 
      3.    Deplores the continued violations of human rights in Myanmar;
 
      4.    Requests the Government of Myanmar to permit unrestricted
communication with and physical access to Nobel Peace Prize Laureate Aung San
Suu Kyi and other political leaders by members and supporters of the National
League for Democracy and to protect their physical well-being;
 
      5.    Strongly urges the Government of Myanmar to release immediately
and unconditionally detained political leaders and all political prisoners, to
ensure their physical integrity and to permit them to participate in the
process of national reconciliation;
 
      6.    Urges the Government of Myanmar to engage, at the earliest
possible date, in a substantive political dialogue with Aung San Suu Kyi and
other political leaders, including representatives of ethnic groups, as the
best means of promoting national reconciliation and the full and early
restoration of democracy;
 
      7.    Welcomes the discussions between the Government of Myanmar and the
Secretary-General, and further encourages the Government of Myanmar to allow a
visit by the representative of the Secretary-General, as soon as possible, in
order to allow for a broader dialogue in Myanmar;
 
      8.    Again urges the Government of Myanmar, in conformity with its
assurances given at various times, to take all necessary steps towards the
restoration of democracy in accordance with the will of the people as
expressed in the democratic elections held in 1990 and to ensure that
political parties and non-governmental organizations can function freely;
 
      9.    Expresses its concern that most of the representatives duly
elected in 1990 are still excluded from participating in the meetings of the
National Convention, created to prepare basic elements for the drafting of a
new constitution, and that one of the objectives of the Convention is to
maintain the participation of the armed forces in a leading role in the future
political life of the State, and notes also with concern that the working
procedures of the National Convention do not permit the elected
representatives of the people freely to express their views;
 
      10.   Strongly urges the Government of Myanmar to take all appropriate
measures to allow all citizens to participate freely in the political process,
in accordance with the principles of the Universal Declaration of Human
Rights, and to accelerate the process of transition to democracy, in
particular through the transfer of power to democratically elected
representatives;
 
      11.   Also strongly urges the Government of Myanmar to ensure full
respect for human rights and fundamental freedoms, including freedom of
expression and assembly, the right to fair trial and the protection of the
rights of persons belonging to ethnic and religious minorities, and to put an
end to violations of the right to life and integrity of the human being, to
the practices of torture, abuse of women, forced labour and forced relocations
and to enforced disappearances and summary executions;
 
      12.   Appeals to the Government of Myanmar to consider becoming a party
to the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights and the Convention against
Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment;
 
      13.   Strongly urges the Government of Myanmar to fulfil its obligations
as a State party to the Forced Labour Convention, 1930 (No. 29), and to the
Freedom of Association and Protection of the Right to Organize Convention,
1948 (No. 87), of the International Labour Organization, and encourages the
Government of Myanmar to cooperate more closely with the International Labour
Organization;
 
      14.   Stresses the importance for the Government of Myanmar to give
particular attention to conditions in the country's jails and to allow the
International Committee of the Red Cross to communicate freely and
confidentially with prisoners;
 
      15.   Calls upon the Government of Myanmar and other parties to the
hostilities in Myanmar to respect fully the obligations under international
humanitarian law, including article 3 common to the Geneva Conventions of 12
August 1949, to halt the use of weapons against the civilian population, to
protect all civilians, including children, women and persons belonging to
ethnic or religious minorities, from violations of humanitarian law and to
avail itself of such services as may be offered by impartial humanitarian
bodies;
 
      16.   Encourages the Government of Myanmar to create the necessary
conditions to ensure an end to the movements of refugees to neighbouring
countries and to create conditions conducive to their voluntary return and
their full reintegration, in conditions of safety and dignity;
 
      17.   Requests the Secretary-General to continue his discussions with
the Government of Myanmar in order to assist in the implementation of the
present resolution and its efforts for national reconciliation and to report
to the General Assembly at its fifty-second session and to the Commission on
Human Rights at its fifty-third session;
 
      18.   Decides to continue its consideration of this question at its
fifty- second session.
      
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