Interactive Dialogue on the Situation of Human Rights in Myanmar Documentation The Council has before it the Special Rapporteurs

report on the situation of human rights in Myanmar (A/HRC/19/67) Presentation of the Report on the Situation of Human Rights in Myanmar TOMAS OJEA QUINTANA, Special Rapporteur on the situation of human rights in Myanmar, said that during his recent visit to Myanmar he had seen the positive impact on the human rights situation by the new reforms, policies and legislation adopted by the Government of Myanmar. However, clear ongoing and serious human rights concerns remained that could not be ignored in the rush to reform. There was a real risk of backtracking on progress achieved to date. The Special Rapporteur was concerned about the lack of an independent and effective judiciary and said the National Human Rights Commission strongly needed technical assistance. The up-coming by-elections on 1 April would be a key test. It was essential that those elections were truly free, fair, inclusive and transparent. The easing of media and internet restrictions and the recent lifting of a ban on exiled journalists were welcomed, but respect for freedom of speech and opinion should be fully ensured. Amnesties that had resulted in the release of a significant number of prisoners of conscience, including prominent figures, were welcomed but the Special Rapporteur noted with concern that some released prisoners were being monitored or followed. Among the most pressing challenges for Myanmar were poverty and food insecurity. The ongoing conflict with some armed ethnic groups, despite the Presidents orders to the military not to engage in offensive operations except in self-defence, continued to engender serious human rights violations, including attacks against civilian populations, extrajudicial killings, sexual violence, arbitrary arrest and detention, internal displacement, land confiscations, the recruitment of child soldiers, and forced labour. Disturbing reports of landmine use by both the Government and non-State armed groups, and subsequent casualties around the country, had been received. The ongoing conflict in Kachin State was of particular concern. The Special Rapporteur had carefully listened to many views regarding forgiveness and the importance of moving forward, but stressed that past events should not be ignored or whitewashed. Facing up to recent history and acknowledging the violations that people had suffered was necessary to ensure national reconciliation and provide redress for victims. The Special Rapporteur thanked the Government of Myanmar for its continued cooperation with his mandate and increased engagement with international human rights

mechanisms, and strongly called on the Government to intensify efforts to implement its commitments and fulfil its international human rights obligations. Statement by Myanmar as the Concerned Country Myanmar, speaking as the concerned country, said that the Government of Myanmar had given a priority to the political process for national reconsolidation and lasting peace, and the implementation of macroeconomic reform measures. The Government was also restructuring the administrative mechanism; considering universal access to health; and increasing spending on education and health with the view of removing the country from the list of the least developed countries. There was the emergence of civil society organizations in the country, while plans were underway for emergence of mass organizations such as workers and farmers unions, and of a national press council to ensure accountability and freedom of the press. On the observation of the Special Rapporteur that there was a risk of backtracking on the progress made in Myanmar, the Government was committed to the irreversibility of its current democratization and reform process and said there would be no turning back and no questioning of the commitment of the current leadership. It was regrettable to see allegations and unsubstantiated statements throughout the report of the Special Rapporteur, which did not have any grounding in reality. Myanmar reiterated its commitment to the promotion and protection of human rights and said that citizens could use complaint mechanisms if they felt their rights were violated, including addressing complaints to the independent National Human Rights Commission. It was regrettable that the Special Rapporteur did not make any reference in the report to the economic sanctions imposed on Myanmar by several countries that were seriously affecting the livelihoods of people. Myanmar called for an early lifting of sanctions. Interactive Dialogue with the Special Rapporteur on Myanmar Cambodia, speaking on behalf of the Association of Southeast Asian Nations, welcomed the recent positive developments towards democracy, national reconciliation, social and economic development, and respect for human rights in Myanmar. The Association of Southeast Asian Nations urged the Government to continue to engage with the international community. The Association of Southeast Asian Nations called for the lifting of economic sanctions, which would enable Myanmar to better integrate into the global economic system. China said a new parliament and Government in Myanmar had been established in 2011 and the situation remained stable. The Government played a key part in the development of the economy and actively

promoted national reconciliation. China had respected Myanmars choices to direct economic development according to its national situation. China called on the Council to view the human rights situation in a comprehensive manner and to recognize the efforts made in Myanmar. Mexico welcomed the release of political prisoners and preparations for democratic elections in Myanmar. Mexico believed that Myanmars adoption of legislative reforms and collaboration with international mechanisms were positive steps toward national reconciliation. Mexico encouraged the authorities to release the remaining political prisoners without delay. European Union welcomed positive developments in Burma/Myanmar over the last year. Significant challenges included the immediate and unconditional release of prisoners of conscience, the resolution of ongoing conflicts especially in Kachin State, justice and accountability issues, legal reform and prohibition of forced labour. Free and fair conduct of the 1 April elections was particularly important. The European Union was ready to support and assist the Government of Myanmar. Japan noted the recent release of a substantial number of prisoners of conscience and the ceasefire with the Karen National Union as significant steps forward. It was vital that the 1 April by-elections were free and fair, and that Daw Aung San Suu Kyi and other stakeholders were free to carry out political activities. It was vital that the international community provided united support. Germany said there was still much to do, but Germany could see steps had already been taken in Myanmar. Reconciliation with ethnic minorities was essential for sustainable political change, and talks and ceasefire agreements with ethnic armed groups were commended. It was important to focus on economic and social development in minority territories. The world was watching Myanmar with great hope that free and fair 1 April elections would be a step to a new era. Austria agreed with the statement that Myanmar had reached an important point and that many encouraging signals had been seen. It was of paramount importance that the upcoming elections were free, fair, inclusive and transparent, and that accountability was addressed for serious human rights violations such as attacks against civilians, extrajudicial killings, sexual violence, and others. Austria asked how the international community could support Myanmar in addressing serious problems and shortcomings in the country, such as making the judicial system truly independent and addressing detention conditions. Thailand said that progress was being seen in Myanmar, such as opening of the political space, establishment of the national human rights

commission, elaboration of the poverty redaction plan and ceasefire agreements with the ethnic minorities. Challenges remained and more needed to be done by the Government, but it must not be forgotten that it took time and that changes thus far had been genuine. It was important now to make sure that progress made was irreversible and to provide support for the crucial socio-economic development. Switzerland encouraged the Government to pursue the reforms and to further develop its cooperation with the international community. The mid-term elections would be a major test and Switzerland called on the authorities to guarantee a free and open process. The problem of antipersonnel mines was a major obstacle to return of the people in the conflict areas and Switzerland asked the Special Rapporteur whether he had received any indications as to intended humanitarian activities in those areas, including the removal of anti-personnel land mines. Slovakia viewed the developments of the Myanmar human rights situation with cautious optimism. Slovakia reiterated the need to release immediately and unconditionally all remaining prisoners of conscience. The Government should speed up legislative reforms in consultation with all relevant stakeholders. Slovakia would appreciate if the Special Rapporteur would highlight the core actions to be undertaken in the months to come as well as some concrete areas where the international communitys assistance was indispensable. United States urged the Government to allow unfettered access to conflict zones and supported Myanmars outreach to ethnic minority groups. The United States urged the Government to allow independent international monitors to observe the elections. The United States supported the suggestion that the Government develop a strategy for continuing legislative reform and would welcome the Special Rapporteurs recommendations for actions that could be taken to strengthen the rule of law. Philippines said the Association of Southeast Asian Nations had made a conscious and deliberate decision to give Myanmar the policy space to pursue its own roadmap to democracy. It was now the turn of the international community to give Myanmar the necessary policy space and wherewithal to take all necessary measures to push forward democracy and the promotion and protection of the enjoyment of human rights. It would be most appropriate for the Council to call for an end to economic sanctions and unilateral coercive measures that had proven to be ineffective. Czech Republic welcomed reforms in Myanmar while cautioning of the risk of backtracking on progress made so far. The unhindered and active

participation of civil society in political life was a precondition to a successful transfer to democracy. Could the Special Rapporteur estimate the number of remaining political prisoners? United Kingdom said remarkable progress had been made but serious issues remained, such as the ongoing ethnic conflict, forced labour, child soldiers, the militarys role in serious human rights violations and insufficient humanitarian relief to the civilian population in conflict areas. How could the international community assess how free, fair and transparent the upcoming elections would be in the absence of international observers? Norway said things were changing fast in Myanmar and the changes of the past year and a half had been remarkable. The release of hundreds of political prisoners, a more open and free media and public debate, lively election campaigns and cease-fires in several ethnic areas were just a few. Norway supported a strengthening of the Office of the High Commissioner for Human Rights work in Myanmar. Democratic Peoples Republic of Korea commended the Government of Myanmars efforts to support human rights. Western countries should refrain from interfering in the internal affairs of other countries under the pretext of human rights. The Human Rights Council should eliminate country specific mandates. France welcomed the liberation of numerous political prisoners in Myanmar but noted that restrictions remained on the right to freedom of expression. The Government should identify the number of remaining political prisoners, release them immediately and negotiate a cease fire with ethnic minorities. France called on Member States to renew the mandate on Myanmar. Republic of Korea said that serious challenges remained in Myanmar which included the independence of the judiciary, legislative reform and the implementation of further steps toward a genuine and broader national reconciliation. The role of the Special Rapporteur remained important and he should continue a constructive engagement with the Government. Lao Peoples Democratic Republic noted with appreciation the significant efforts that the new Government of Myanmar had engaged in towards democratization and reconciliation. A country-specific human rights resolution would not help address the human rights issue. The Human Rights Councils Universal Periodic Review mechanism was the only appropriate forum to discuss or to review a situation of human rights in any country on an equal basis.

Spain welcomed the reforms undertaken in Myanmar, which included the release of political prisoners and political reforms. Spain urged Myanmar to continue the reform process, releasing prisoners of conscience, promoting freedom of speech and assembly, protecting minorities, and reforming the judicial system. Spain asked the Special Rapporteur which reforms could be supported by the international community. The upcoming elections were of paramount importance. Maldives said the report of the Special Rapporteur highlighted the remarkable progress achieved in Myanmar. It was necessary to acknowledge that there were still serious violations taking place and much more work needed to be done both to secure accountability and to set a better national legislative framework for human rights protection. The Maldives hoped the Councils resolution on Myanmar would fully reflect the progress in the country while also expressing continued concern about areas where Myanmar had fallen below international standards. Australia welcomed the release of many prisoners of conscience in recent months but urged the Government of Myanmar to immediately release all prisoners of conscience without conditions, and encouraged Myanmar to accept international observers for the 1 April by-elections to ensure greater transparency. Cuba opposed country-specific resolutions on principle, but noted progress made in Myanmar. The Human Rights Council could only achieve positive outcomes with the full and active involvement of the country concerned. Mandates imposed on a country without its consent were doomed to fail, and past examples proved that. The Universal Period Review was the best tool to achieve cooperation. Viet Nam said progress in Myanmar should be encouraged by the international community, and it highly appreciated international financial institutions, especially the International Monetary Fund and the World Bank, for re-engaging with Myanmar. Viet Nam called for an early lifting of economic sanctions on Myanmar, which would significantly contribute to a better promotion and protection of human rights in the country. Canada encouraged the authorities of Myanmar to continue reforms and cooperate fully with the Special Rapporteur. Canada welcomed the release of several hundred political prisoners but noted that a significant number remained in detention and called for their prompt and unconditional release. What was the latest assessment of the conditions of the remaining prisoners of conscience? Nigeria said the Government of Myanmar should build on the encouraging steps it had already taken by ensuring that the forthcoming

by-elections in April 2012 were free, fair, inclusive, transparent and credible. Nigeria noted that the Government faced challenges in the situation of ethnic minorities and urged the Government to remain engaged with the international community, especially the United Nations. Venezuela said the report of the Special Rapporteur on the situation of human rights in Myanmar provided another example of the application of selectivity in the Human Rights Council brought about by the despicable meddling of Western powers. The Government of Myanmar had made huge efforts to foster national unity. Venezuela said that unconditional international assistance and cooperation were the only way to support Myanmar to eradicate poverty. United Nations Childrens Fund was working with the Ministry of Defence of Myanmar to release underage child recruits from the army. The assistance of the Special Rapporteur in raising this issue with senior government authorities had been a useful part of the advocacy efforts against underage military recruitment. Human Rights Watch said the Council should urge the Government of Myanmar to agree to an independent international mechanism to access prisons and publicly report on political prisoners. Human Rights Watch called on the Council to renew the mandate of the Special Rapporteur and supported the call to establish an Office of the High Commissioner for Human Rights in the country. Asian Legal Resource Centre said Myanmars defective institutions continued to handle cases, conduct trials and operate in violation of rights just as they did under the military Government. The entire system was plagued by corruption. What steps did the Special Rapporteur think were required to address this issue systematically? Asian Forum, in a joint statement, said despite the release of over 300 political prisoners, 836 political prisoners were still detained, of whom the whereabouts of 424 was unknown. The organizations appealed to the Council to keep abreast of all allegations of gross ongoing human rights violations, particularly in the ethnic nationality areas. International Federation of Human Rights League, in a joint statement, said that the small positive steps made so far did not meet the key benchmarks necessary to begin national reconciliation. Attacks against civilians and serious crimes, including sexual violence against women, continued in ethnic areas. The root causes of conflict must be fully addressed by an inclusive political dialogue. International Educational Development, in a joint statement, reminded the Council that while the upcoming elections were significant, only 48

out of 600 Parliamentary seats were in contention. Thus even if Aung San Suu Kyis party prevailed, they would constitute a small minority. The organizations feared the election would inadvertently provide undue legitimacy to the ruling Union Solidarity and Development Party. Concluding Remarks on Myanmar TOMAS OJEA QUINTANA, Special Rapporteur on the situation of human rights in Myanmar, said that Myanmar lacked independent and objective investigations to consider systematic violations of human rights. In the border areas of Myanmar, human rights bodies were not ready to carry out investigations into abuses and the Special Rapporteur raised the concern that such human rights violations were on-going. It was critical that the Government had a mechanism in place to conduct investigations so that future violations could be avoided. The Special Rapporteur called on the international community to engage with Myanmar on this issue. The Special Rapporteur noted the laws that were still on the statue books from the militarily regime which put constraints on the freedom of association by civil society. Concerning the potential for backtracking, the judicial branch of the Government was not independent and was still catching up with reforms in contrast to the reforms that had already occurred in the executive branch and parliament. Ratification of important international bills of human rights would consolidate the normative legal structure in the country. The Human Rights Council should understand that this was an historic opportunity that would allow the people of Myanmar to integrate into the international community and flourish. The Special Rapporteur urged civil society to exercise their responsibility to speak and the international community to support the Government to build management capacity through technical assistance. The resolution of the situation in the border region and the conflict with ethnic minorities which had gone on since independence should be resolved with the support of the international community.