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UNA‐Compilation‐2011‐n.03
Universal Periodic Review (UPR)
Working Group on Burma
(27 January 2011)
Interventions by ASEAN States
Asian Forum for Human Rights and Development (FORUM‐ASIA)
United Nations Advocacy (UNA) Department
Rue de Varembé 1, 2nd Floor, 1202 Geneva, Switzerland
Tel +41 (0) 22 740 2947 Fax +41 (0)22 740 2948
BRUNEI DARUSSALAM
Webpage http://www.forum‐asia.org Email una@forum‐asia.org
Source: Office of the UN H portal.ohchr.org
Background Note
The following statements have been made by member States of the Association of Southeast Asian Nat ions
(ASEAN) at the 10th session of the Universal Periodic Review (UPR) Working Group which conducted a review on
the human rights record of Burma on 27 January 2011, under the auspices of the UN Human Rights Council. The
original text of each statement is available at the Office of the UN High Commissioner for Human Rights
(OHCHR) ExtraNet: http://portal.ohchr.org, and the vide clips are available at the archives of UN Live Webcast:
http://www.un.org/webcast/unhrc/archive.asp?go=110127.
It is deeply disappointing that all nine member States of the ASEAN chose to commend the SPDC on its 7
November elections as a positive development while failing to address the ongoing humanitarian crisis in
eastern Burma as a result of intensified armed conflict since the elections, which has caused thousands of
refugees to flee into neighboring countries. Their expressions of support on the implementation of the Seven‐
Step Roadmap is also of particular concern, as the Roadmap fails to genuinely include all stakeholders in the
country, and has resulted in a deeply flawed Constitution that enshrines impunity and fails to meet
international standards.
During the meeting of the UPR Working Group for adopting the draft report on 31 January 2011, the SPDC
delegation stated that all the recommendations put forward by the ASEAN States enjoyed its support except
the following recommendations, to which its responses will be provided at the UPR Plenary (17th session of the
Human Rights Council) to be held in June 2011.
• Upgrade its human rights body into an independent and credible National Human Rights Institution in
accordance with the Paris Principles (Indonesia)
• Establish a Nat ional Human Rights Commission in line with the Paris Principles to provide for effective
promotion and protection of human rights at the national level (Thailand)
• Intensify cooperation particularly at the regional and bilateral level with the neighboring countries in
the effort to find a durable and lasting solution to the issue of the Myanmar refugees (Malaysia)
• Accede to the remaining core human rights treaties and core labour standards it has yet to become
party to, and to continue to cooperate with international and regional human rights mechanisms in
implementing its obligations (Thailand)
BRUNEI DARUSSALAM
On behalf of the delegation of Brunei Darussalam, I would like to welcome His Excellency Dr. Tun Shin, Deputy
Attorney General and his team to Geneva. We would like to congratulate the Union of Myanmar on carrying out its
obligations by coordinating and consulting all stakeholders in the drafting committee in the preparation of its
National Report. We commend the efforts made by the Government in the relief and recovery efforts after cyclone
Nargis, in particular its cooperation with the UN and the ASEAN in the Tripartite Core Group. We are also pleased to
note that Myanmar is working closely with other members of ASEAN at the ASEAN Intergovernmental Commission
on Human Rights (AICHR) to improve the lives of the people throughout our region.
Brunei recommends that the Union of Myanmar continue its efforts to promote and protect human rights for
its people, and hold workshops and seminars to increase public awareness on human rights matters.
CAMBODIA
Cambodia welcomes the delegation of the Union of Myanmar led by His Excellency Dr. Tun Shin, Deputy Attorney
General of Myanmar at this 10th Session of the UPR Working Group of the Human Rights Council. We would like to
extend our sincere congratulation to the delegation for presenting the National Report which updates us on the
situation of human rights in the country. We welcome the Government of Myanmar’s efforts in its engagement in
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the UPR process to promote and protect human rights in the country.
As a fellow ASEAN member, we take note with encouragement of the new positive development in Myanmar,
especially those associated with the national elections held recently in the country that made a significant step of
achieving the objectives of the country’s transformation toward a democrat ic society in accordance with its Seven‐
Step Roadmap through a continued process of national reconciliation. We welcome the continued commitments to
implement the National Plan of Action for the Advancement of Women 2011‐2015 especially in areas of livelihoods,
education, training, health, economy, decision‐making and institutional mechanisms for the advancement of
women’s rights. Cambodia is encouraged by the approach that Myanmar has taken to adopt the Health Plan for All
(HFA) with increased health budget spending as one of fundamental human rights for the attainment of health
related Millennium Development Goals (MDGs). We welcome the adoption of the Myanmar’s Five‐Year National
Plan of Action to combat Human Trafficking (2007‐2011), the establishment of the central body to combat
trafficking in persons. Its accession to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children, and the adoption of the National Action Plan “Education for All” are a positive step
toward that common goal. We also welcome the country’s adoption with the ILO of the Joint Plan of Action for the
Elimination of Forced Labour, which is noteworthy for its continued efforts of international cooperation.
In this connect ion, Cambodia wishes to make the following recommendation: to continue implementing the
Government’s reform policy and actions plans to further improve the situation of human rights in the country,
especially in its efforts to achieve the most of the MDGs targets, including poverty reduction, the control of
HIV/AIDS, the fight against trafficking. Thank you.
INDONESIA
We appreciate the Government of Myanmar for its National Report and its participation in the UPR process. We
acknowledge the efforts made by the Government of Myanmar to engage various civil societies throughout the
preparation process of its National Report. We believe that the process is equally important as the content of the
Report itself. We welcome the positive developments in Myanmar recently including the holding the general
elections and the release of Daw Aung San Suu Kyi and the real and potential positive changes that these
development bring about in the social and political life of the people of Myanmar.
Every positive development in the country needs to be recognized and further encouraged in order to lead a greater
progress. While appreciating the complexity of the problems and challenges faced the Government of Myanmar, we
encourage Myanmar to double its efforts to make further progress in creating conducive environment for the
promotion and protection of human rights in the country. Of particular importance, in this regard, we wish to see
progress in its process towards an inclusive nat ional reconciliation and in developing democratic institutions, in line
with the expressed commitments of the leaders of Myanmar itself.
Having said that, my delegation wishes to submit the following recommendations:
− Take steps to review domestic laws with a view to guaranteeing the right to freedom of expression,
association and assembly, including assuring a free and independent media
− Upgrade its human rights body into an independent and credible National Human Rights Institution
in accordance with the Paris Principles
− Open further its engagement with the international community in order to strengthen its capacity to
ensure the enjoyment of economic and social and cultural rights of its people
− Lastly, enhance its engagement with the ASEAN Intergovernmental Commission on Human Rights
(AICHR)
LAO PDR
Lao delegation warmly welcomes the high level delegation of the Union of Myanmar to the 10th Session of the
Working Group of the Human Rights Council on UPR and expresses appreciation for comprehensive and informative
National Report of the Union of Myanmar led by His Excellency Tun Shin, Deputy Attorney General. Laos and
Myanmar are neighbors, developing countries and members of ASEAN, therefore, in various occasions, the Lao
government always extends our consistent support to Myanmar’s policy of national reconciliation and peaceful
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settlement issue in addressing internal problem of the Union of Myanmar. The Lao government values the
achievement of Government of Union of Myanmar and people in their national construction and national
reconciliation policy which had been implemented in accordance with the Seven‐Step Roadmap, especially the
general election in November 2010 and efforts addressing the natural disaster created by cyclone Nargis in 2008.
The Lao government also recognizes and supports Myanmar’s every effort to improve living standard and guarantee
multi‐ethnic groups people in the Union of Myanmar to enjoy their obligations, duties and rights in accordance with
national law and legislation of the country, Laos welcomes the establishment of Myanmar human rights committee
and joined efforts with members of the ASEAN in establishment of ASEAN Human Rights body.
In this regards, Lao delegation would like to recommend Myanmar delegation as follows:
− It is hope that Myanmar will continue to cooperate with human rights mechanism, international
community in promoting and safeguarding the rights of multi‐ethnic people in Myanmar
− To do and act in light of its governance system and national realities in order to guarantee unity,
peace, stability in Myanmar and in the region.
MALAYSIA
Malaysia welcomes the delegation of Myanmar led by H.E. Dr. Tun Shin, Deputy Attorney‐Geneva and we thank the
delegation for the clear presentation which we have heard carefully and with much interest. Mr. President, Malaysia
welcomes the positive developments in the country as well as efforts that have been undertaken towards
democratization including the holding of general elections in November 2010 and the unconditional release of Daw
Aung San Suu Kyi. We also note the step which Myanmar intends to take in the coming days aimed at further
institutionalizing democratic norms, standards and practices, as outlined by the delegation. We view such efforts as
a positive step in achieving national reconciliation and towards entrenching democracy and the promotion and
protection of human rights in the country.
As a close ASEAN neighbor, we also acknowledge that Myanmar faces serious challenges in improving socio‐
economic conditions, including in terms of capacity and other constraints. However, we also believe that Myanmar
could benefit significantly from improvement in a number of key areas including promotion and protection of
women’s and children’s rights, personal security, education, health, justice and humanitarian assistance, particularly
for the indigenous and minority groups in the rural areas and border regions. Improvement in these and other areas
would not only contribute positively to socio‐economic development, but could also discourage nationals from
leaving the country. Malaysia, since the mid 1990s has hosted a significant number of persons from the Northern
Rakhine of Arakan state in Myanmar.
To conclude, Mr. President, my delegation proposes the following four recommendations for the consideration
of Myanmar:
− In light of the significant needs for capacity‐building and technical assistance in a number of key areas,
Malaysia encourages Myanmar to identify a priority list of areas in which assistance and aid if most
crucially needed and to approach bilateral, regional and international partners and stakeholders, as
appropriate;
− To intensify cooperation particularly at the regional and bilateral level with the neighboring countries in
the effort to find a durable and lasting solution to the issue of the Myanmar refugees; and
− To enhance cooperation with UN and other specialized agencies with a view to fully implementing
national action plans and programmes in the field of human rights, worker’s rights, human resource
development, education and health, among others.
PHILIPPINES
The Philippines welcomes H.E. Dr. Tun Sin and the delegation of Myanmar to the UPR. We thank the delegation for
the presentation of their informative National Report. The Philippines welcomes this opportunity to engage in an
open and constructive dialogue with Myanmar on human rights. Despite a number of key challenges, such as the
tragic devastation caused by cyclone Nargis, we note that the Government has progressed in its Seven‐Step
National Roadmap. The draft ing of a new Constitution, holding of general elections and the long‐awaited release
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of Daw Aung San Suu Kyi are welcome developments, in this regard.
As a fellow member of ASEAN, we follow with keen interest developments in the country, and support peaceful and
inclusive transition to democratic governance based on genuine dialogue and national reconciliation. We express
the hope that reforms aimed at protection and promotion of human rights and fundamental freedoms shall
continue. We also believe that the efforts of Myanmar in poverty eradication should be supported by the
international community, with a view to boosting economic and social development. We note that Myanmar has set
up a national human rights body that can pave the way towards the establishment of a national Human Rights
Commission in accordance with the Paris Principles. We encourage such a development. We note measures to
promote the rights of women and children, following obligation set forth under the CEDAW and CRC to which
Myanmar is a state party. We are also pleased with efforts to improve provision of health and education to citizens.
We recommend that the Government:
− Consider accession to the ICCPR and ICESCR;
− Enhance measures and international cooperation aimed at further reducing poverty, fulfilling the
MDGs, and strengthening capacity to respond effectively to natural disasters; and
− Promote inter‐religious dialogue and cooperation at the local and national levels.
In conclusion, we acknowledge that the transition in Myanmar is an evolving process. The Philippines wishes to see a
strong and democratic Myanmar, whose peoples can enjoy the wide range of human rights and fundamental
freedoms, emerge from this important process of reform and transformat ion.
SINGAPORE
Singapore extends a very warm welcome to the delegation of Myanmar and notes with appreciation Myanmar’s
determination to engage constructively in the UPR process. The National Report has highlighted the Myanmar
government’s positive cooperation with the Office of the High Commissioner for Human Rights in preparing for his
UPR, the commitment of the Myanmar government to the process with the involvement of high‐level ministers and
officials, and the keenness of the Myanmar government to continue collaboration with the UN to address the
challenges in improving the overall human rights situation in Myanmar. We recommend that the Myanmar
government continues to engage the Office of the High Commissioner for Human Rights.
Myanmar is undergoing an important political transition after holding its first elections in two decades on 7
November 2010, in accordance with its new Constitution adopted on 29 May 2008. The Constitution, which comes
into force with the convening of Myanmar’s new legislature on 31 Jan 2011, provides for the comprehensive
protection of economic, social, and cultural rights, civil and political rights, as well as rights of the child, women,
workers and the disabled in Myanmar. We note that the Myanmar Human Rights Body will accept complaints,
conduct investigations and take appropriate actions.
Singapore recognizes the difficulties and complex challenges faced by Myanmar. In this regard, we recommend
that Myanmar continues to collaborate closely with the donor community, UN agencies, international
financial institutions and civil society organisations to develop stronger institutional capacity and align
national policies and priorities with international norms and Myanmar’s treaty obligations. We also
recommend that the international community continues to engage Myanmar, to help Myanmar integrate with
the global system and support its gradual democratization process. Singapore will continue to share our best
practices and development experiences with Myanmar through our public sector training programmes in diverse
areas, to help build Myanmar’s capacity and expertise in governance.
THAILAND
Thailand warmly welcomes the Myanmar delegation, headed by Dr. Tun Shin, Deputy Attorney General of Myanmar,
to the UPR Working Group. Thailand, as a close neighbor of Myanmar, fully supports the on‐going process of
democratization and national reconciliation in Myanmar and strongly believes that the promotion and protection
of human rights is part and parcel of such a process. We therefore welcome the election held in November 2010,
including the release of Saw Aung San Suu Kyi. At the region level we appreciate the participation of Myanmar in
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the newly established ASEAN Intergovernmental Commission on Human Rights (AICHR). We were also pleased with
the access given by Myanmar to international humanitarian relief efforts for the victims of the devastating cyclone
Nargis. We urge the authorities in Myanmar to work to consolidate the gains achieved and to ensure further positive
developments in this direction. In this regard, we would like to put forward the following recommendations.
− We recommend that Myanmar accede to the remaining core human rights treaties and core labour
standards it has yet to become party to, and to continue to cooperate with international and regional
human rights mechanisms in implementing its obligations.
− We encourage Myanmar to continue to improve its domestic legislation and judiciary system to be in
line with international human rights standards and obligations including intensifying human rights
education and training, especially for its military and law enforcement officers, in order to enhance
their awareness and promote greater accountability.
− We encourage Myanmar to continue its efforts to engage various ethnic groups and address their
humanitarian and socio‐economic needs as an integral part of its democratization and reconciliation
process.
− We recommend Myanmar to establish a National Human Rights Commission in line with the Paris
Principles to provide for effective promotion and protection of human rights at the national level.
As a neighboring country and fellow member of ASEAN, Thailand stands ready to render our full support and
cooperation to the efforts of Myanmar to advance the cause of human rights for the benefit its people.
VIETNAM
My delegation would like to welcome and thank the high‐level delegation of Myanmar for its informative
presentation of the UPR National Report. We note with interest efforts made by Myanmar and its recent
achievements on protecting and promoting human rights, such as the Health for All project, the National Action
Plan for Persons with Disabilities. We also take note Myanmar’s active cooperation with the international
community, in particular with UN human rights mechanisms. We would like to welcome the election November and
the referendum on the new Constitution in 2008. We consider these new developments constitute substantial
progress of Myanmar in the realization of its Seven‐Step Roadmap toward democracy, national reconciliation,
reconstruction and development. As a neighbor and ASEAN fellow, Vietnam hopes all the best for Myanmar.
In this spirit, my delegation would like to make three following recommendations for the delegation of
Myanmar’s consideration:
− Enhance efforts to achieving the Seven‐Step Roadmap as the Government of Myanmar has promised
toward building a democratic and ruled‐by‐law State
− Strengthen policies and measures to ensure a better respect and protection of all human rights,
especially in the fields of fundamental economic, social and cultural rights and the right to
development
− Take appropriate measure and action plan while continuing the cooperation with the international
community to implement the MDGs, in particular the poverty reduction, the right to food and food
security. Vietnam is ready to share with Myanmar its lessons and experiences on those matters.
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