Human Rights Council discusses human rights situations in Myanmar and Democratic Republic of the Congo

http://www.humanrightstoday.info/?p=456

Posted on 18 March 2009 by admin

UNITED NATIONS Press release
Human Rights Council
Morning
17 March 2009

Libya’s Deputy Minister of Justice Addresses the Council

The Human Rights Council this morning discussed a report by the Special Rapporteur on the situation of human rights in Myanmar, and the situation in the east of the Democratic Republic of the Congo as follow-up to the Council’s Special Session on that country. It also heard an address by the Deputy Justice Minister of Libya.

Abdulssalam E. El Tumi, Deputy Minister for Justice of Libya, said that recognizing that security, peace and human rights were the fundamental ingredients of the development process, Libya had deployed great efforts to achieve those objectives. In this regard, Libya had realized many projects in the development area at the national level as well as in the African Continent in order to achieve and reach the development goals. At the national level, Libya made every effort to support and consolidate human rights for every Libyan citizen. All citizens equally enjoyed freedom and dignity and everyone was entitled to all rights, including the enjoyment of health, access to education, work and development together with the right to freedom of opinion and expression, and the right to political participation without discrimination of any kind as set forth in the Great Green Charter of Human Rights in Jamahiriyan era, and in the Freedom Consolidation Law.


Tomas Ojea Quintana, Special Rapporteur on the situation of human rights in Myanmar, said that he had travelled twice to Myanmar, once in August 2008 and recently from 14 to 19 February. He had decided to engage with the Government in a constructive dialogue with a view to improve the human rights situation of the people in Myanmar. In this regard, he had recommended four core human rights elements to be implemented before the election in 2010. These four core human rights elements included review of national legislation in accordance to the new Constitution and international obligations; progressive release of prisoners of conscience; training for the armed forces to ensure respect of international human rights and humanitarian law as well as establishment of an independent and impartial judiciary.

Myanmar, speaking as a concerned country, said the fact that the Special Rapporteur had been able to visit the country for the second time since he took his office in less than a year was a clear demonstration of the Government’s will to engage with the Human Rights Council in realising the protection and promotion of human rights in Myanmar. To demonstrate his constructive approach with the Government, the Special Rapporteur should vividly highlight the positive initiatives taken by the Government whilst respecting the present judiciary and legislative systems of a sovereign State. Furthermore, the report was replete with sweeping statements focusing mainly on the lack of independency and impartiality of the systems.

In the inter-active dialogue on Myanmar, countries raised issues concerning arbitrary detention; censorship of the media; an inclusive election process in 2010; discrimination of ethnic groups; the dire humanitarian situation and access for international humanitarian agencies; and impunity for human rights violations. Several countries called for the unconditional release of the more than 2,200 political prisoners, including Aung San Suu Kyi. Concerns were expressed that the general election would not be inclusive and would only lead to a legitimization of the military rule. The rights of the child raised various concerns, inter alia, regarding a growing illiteracy rate and the recruitment of child soldiers.

The following delegations took the floor in the interactive dialogue on the situation of human rights in Myanmar: Philippines, Singapore, Czech Republic on behalf of the European Union, China, Slovenia, Republic of Korea, Sweden, Japan, United Kingdom, Indonesia, India, Australia, Thailand, Malaysia, New Zealand, Norway, Lao People’s Democratic Republic, Italy, Switzerland, Canada, Argentina and the United States.

The non-governmental organizations Asian Legal Resource Centre, Asian Forum for Human Rights and Development and Worldview International Foundation spoke on the human rights situation in Myanmar.

In the follow-up to the Special Session of the Human Rights Council on the situation of human rights in the east of the Democratic Republic of the Congo, Kyung-wha Kang, Deputy High Commissioner for Human Rights, introduced the report of the High Commissioner on the situation of human rights and the activities of the Office of the High Commissioner for Human Rights in the Democratic Republic of the Congo. She said that the development and the emergence of democracy in the Democratic Republic of the Congo would remain difficult to achieve unless the challenges outlined in this report were tackled as a matter of priority. Most importantly, a new impetus must be given to efforts to address the issue of impunity.

Walter Kalin, Representative of the Secretary-General on internally displaced persons, said the Council had asked a number of its mechanisms to urgently examine the situation in the Democratic Republic of Congo, in particular with regards to violence against women. The general human rights situation in the Democratic Republic of Congo remained a cause for serious concern, and had further deteriorated since the adoption of the resolution in March 2008. The systematic and gross violations of the human rights of civilians and gross breaches of international humanitarian law were taking place in front of a backdrop of a grave humanitarian situation. There was grave arbitrary displacement; violence against women and girls, in particular rape and gang rape; intimidation of and violence against human rights defenders, lawyers and judges; and forced recruitment of children into armed groups continued.

The Democratic Republic of the Congo, speaking as a concerned country, said that most reforms which the Government had undertaken were done in tight partnership with the Office of the High Commissioner for Human Rights, the Mission of the United Nations Organization in the Democratic Republic of the Congo, the United Nations system, the European Union partners, and other members of the international community. However, the Democratic Republic of the Congo was surprised that some partners often, at the Human Rights Council, spoke of events that were diametrically opposed to the truth on the ground. With regards to violence against women, there had also been significant changes, including putting into place a national fund for the promotion of women and protection of children.

On the situation in the Democratic Republic of the Congo, countries expressed their concerns on serious setbacks in the combat against impunity, as well as continued killings of civilians, recruitment of child soldiers, kidnappings, and sexual violence against women by armed groups. Some countries saw an Independent Expert as indispensable as a liaison between the Government of the Democratic Republic of the Congo and the international community when it came to improved respect for human rights. The cooperation of the Democratic Republic of the Congo with various United Nations mandate holders was widely welcomed among States. However, in order to emerge from the dire humanitarian situation humanitarian assistance from international organizations was indispensable.

Speaking on the situation in the Democratic Republic of the Congo were: Egypt on behalf of the African Group, Japan, Chile, Netherlands, Czech Republic on behalf of the European Union, Canada, Norway, Tunisia, Luxembourg, United Kingdom, Angola, Republic of the Congo, United States, Switzerland, Russian Federation and Djibouti.

This afternoon at 3 p.m., the Human Rights Council is scheduled to conclude its discussion on the situation of human rights in the east of the Democratic Republic of the Congo, before starting its general debate on human rights situations that require the Council’s attention.

Statement by the Deputy Minister for Justice of Libya

ABDULSSALAM E. EL TUMI, Deputy Minister for Justice of Libya, expressed gratitude to the President of the Council and the Bureau for their efforts to make the work of the Human Rights Council a success. He also thanked the High Commissioner for Human Rights, and was honoured to see an African woman appointed to this important function. Recognizing that security, peace and human rights were the fundamental ingredients of the development process, Libya deployed great efforts to achieve those objectives. In this regard, Libya had realized many projects in the development area at the national level as well as in the African Continent in order to achieve and reach the development goals, such as the project “Al Gadhafi Trans Saharan Road” consisting of building a highway that would connect the Northern part of the African Continent with its Western and Southern regions. This road would be a vital artery that would maintain trade traffic throughout the continent. Libya also exerted great and continuous efforts towards the settlement of conflicts that sometimes arose in the African Continent by peaceful means.

At the national level, Libya made every effort to support and consolidate human rights for every Libyan citizen. All citizens equally enjoyed freedom and dignity and everyone was entitled to all rights including the enjoyment of health, access to education, work and development together with the right to freedom of opinion and expression, and the right to political participation without discrimination of any kind as set forth in the Great Green Charter of Human Rights in Jamahiriyan era, and in the Freedom Consolidation Law, stressed Mr. El Tumi. Libya was also part of all core international conventions and instruments on human rights and always fulfilled its commitments by submitting its periodic reports regarding its compliance with those conventions. In addition, the Libyan Government had shown its resolute intention and joined the international community to fight against terrorism. Libya denounced all forms of this scourge and had ratified all related international and regional conventions and was also contributing to the elimination of its root causes. Libya considered that the elimination of this phenomenon needed first of all agreement on the definition of terrorism and making a distinction between terrorism and the legitimate right of the peoples to resist foreign occupation and their legitimate right to obtain their freedom and independence, underscored Mr. El Tumi.

Libya appreciated the strenuous efforts made by the international community in order to eradicate racism, racial discrimination, xenophobia and any kind of intolerance through the implementation of what had been decided by the heads of States through the Durban Declaration and Plan of Action Conference held in South Africa in 2001. Libya followed with deep interest the special preparatory meetings for the Durban Review Conference to be held in April 2009. Libya called upon all States to give great importance to the spirit of consensus that helped a lot in the preparation of the Durban Declaration and Plan of Action. Libya called upon those States which intended to boycott the conference to review their decision since it would give a wrong signal to the international community about their commitment to fight racism and discrimination, stressed Mr. El Tumi.

Document

The Council has before it the report of the Special Rapporteur on the situation of human rights in Myanmar, Tomás Ojea Quintana (A/HRC/10/19), which mainly covers human rights developments in Myanmar since the Special Rapporteur’s interim report to the General Assembly of 5 September 2008. The Special Rapporteur has travelled twice to Myanmar and has established constructive working relations with the Government. The report elaborates on the issues related to the protection of human rights and reports on severe sentences and unfair trials of prisoners of conscience; situations of exploited and/or detained children; victims of forced labour; the use of shackles in prisons; lack of awareness by detainees of legal procedures and their rights, such as the right to a lawyer; police prosecutors; convictions of lawyers defending prisoners of conscience; prison conditions; and ill-treatment or torture of prisoners and detainees. It also looks at the situation with regard to freedom of expression, assembly and association in the context of the upcoming elections in 2010, and reviews internal conflicts with regard to international humanitarian law and protection of civilians and issues of discrimination and need for humanitarian assistance. An overview is also given of the situation of Daw Aung Sa Suu Kyi, and the Special Rapporteur reiterates his call for the termination of her detention under house arrest, as a contravention of several articles of the Universal Declaration of Human Rights. The Special Rapporteur’s main recommendation reiterates his previous call for focusing on four core human rights elements: the review of national legislation in accordance to new Constitution and international obligations; progressive release of prisoners of conscience; training for the armed forces to ensure respect of international human rights and humanitarian law; as well as establishment of an independent and impartial judiciary.

Presentation of Report by Special Rapporteur on Situation of Human Rights in Myanmar

TOMAS OJEA QUINTANA, Special Rapporteur on Human Rights in Myanmar, said that this was the second time that he addressed this forum. Since his first appearance here, he had traveled twice to Myanmar, once in August 2008 and recently from 14 to 19 February, which explained the delay in the issuance of his report. He had decided to engage with the Government in a constructive dialogue with a view to improve the human rights situation of the people in Myanmar. In this regard, he had recommended four core human rights elements to be implemented before the election in 2010. These four core human rights elements included review of national legislation in accordance to new Constitution and international obligations; progressive release of prisoners of conscience; training for the armed forces to ensure respect of international human rights and humanitarian law as well as establishment of an independent and impartial judiciary.

In May this year it would be six years that Madame Aung Sa Suu Kyi was detained under house arrest. According to the 1975 State Protection Act, used to justify her detention, a person judged to be “a threat to the sovereignty and security of the State and the peace of the people” could only be detained for up to five years. The five-year limit had now passed. During his mission, the Special Rapporteur had inquired about Madame Aung Sa Suu Kyi’s legal case against her house arrest and conditions of detention, which was submitted to the authorities on 8 October 2008. The Minister of Home Affairs explained that the case was received by the Prime Minister who had instructed both the Chief Justice and Ministry of Home Affairs to look into the matter. The Special Rapporteur called for an urgent, impartial and independent review of this case.

Regarding the situation of prisoners of conscience in Myanmar, the Special Rapporteur spoke about the harsh sentences delivered by prison courts. During the period between October and December 2008, some 400 prisoners of conscience were given sentences ranging from 24 years to 65 years of imprisonment. In January 2009, a member of All Burma Federation of Student Union, in his early 20s, was sentence to 104 years of imprisonment. The progressive release of all prisoners of conscience before the elections included also all those sentenced to decades and decades of imprisonment. Concerning the Muslim population in North Rakhine, the Special Rapporteur said that despite being in this region for generations, this population was stateless. It was not recognized by the Government as one of the ethnic groups of the Union of Myanmar and was subject to discrimination. Without having the citizenship, the Muslims of North Rakhine could not participate in the active life they should.

Statement by a Concerned Country

WUNNA MAUNG LWIN (Myanmar), speaking as a concerned country, said the fact that the Special Rapporteur had been able to visit the country for the second time since he took his office in less than a year was a clear demonstration of the Government’s will to engage with the Human Rights Council in realising the protection and promotion of human rights in Myanmar. During his visits, the Government had facilitated almost all of his requests, and the report reflected some positive developments and significant progress in the situation of human rights in Myanmar to some extent, but still failed to reflect the true situation on the ground. With respect to the political developments in Myanmar, the fifth step of the Seven Step Road Map was being prepared, and that was to hold a free and fair democratic election in 2010. The report repeatedly stated that there were over 2,000 prisoners of conscience in Myanmar - there were no prisoners of conscience, the only individuals serving prison terms had broken the laws of Myanmar.

To demonstrate his constructive approach with the Government, the Special Rapporteur should vividly highlight the positive initiatives taken by the Government whilst respecting the present judiciary and legislative systems of a sovereign State. Furthermore, the report was replete with sweeping statements focusing mainly on the lack of independency and impartiality of the systems. The development projects implemented by the Government in the border areas and regions which once were lagging behind due to insurgency should also be reflected and encouraged. The accusations made in the report were identical to the disinformation spread by remnants of insurgents and the non-governmental organizations that were confronting the Government. Myanmar was trying the utmost to meet most of its Millennium Development Goal targets in areas such as health, education, and access to safe drinking water. Since the fifth step of the Road Map, democratic elections, would be held next year, Western countries should refrain from politicising the human rights issue at this crucial time. Myanmar firmly believed that only genuine cooperation would best serve the protection and promotion of human rights, and would continue to cooperate with the Council and the Special Rapporteur in the spirit of sincerity and trust it had always displayed as long as its national interests and sovereignty were not infringed upon.

Interactive Dialogue on Report on Situation of Human Rights in Myanmar

ERLINDA F. BASILIO (Philippines) noted that the Special Rapporteur had acknowledged the cooperation which the Government of Myanmar had been extending to him. In less than a year, the Government of Myanmar had invited the Special Rapporteur to conduct two country visits; the last one having been held only last month. In recent months, the Government had also received visits from the UN Secretary-General’s Special Envoy, the UN High Commissioner for Refugees and the International Labour Organization. Those visits indicated that the Government of Myanmar was willing to engage constructively with the international community and United Nations mechanisms, in order to forward its democratic transition and national reconciliation process in accordance with its Seven Step Roadmap and new Constitution.

In spite of the challenges of underdevelopment and the great tragedy caused to communities and infrastructure by Cyclone Nargis, the Government of Myanmar had taken steps to improve the situation of human rights. Notably the Government released 6,313 prisoners last month.

TAN YORK CHOR (Singapore) said that the Special Rapporteur had said that his primary task was to cooperate with and assist the Government of Myanmar in its efforts in the field of the promotion and protection of human rights. Singapore said that it highly appreciated this helpful approach and that what should drive the Council was a spirit and desire to help the people of Myanmar. In presenting his findings and assessment, the Special Rapporteur had highlighted a need to raise human rights awareness in Myanmar and made it clear that he stood ready to provide assistance and expertise, calling on the donor community to do the same. Hence, he showed that he was not out to criticize but help. In turn, Singapore appreciated the greater openness by which Myanmar had engaged all the international officials who visited Myanmar recently. Singapore also thanked the Special Rapporteur for pointing out that Myanmar’s social development indicators called for concerted action and support.

JAN KAMINEK (Czech Republic), speaking on behalf of the European Union, said the report highlighted a range of serious concerns with the current situation, and the European Union was concerned about the continuing violations and called for the immediate release of all prisoners of conscience. What could be done to reduce the gap between the law as enacted, and its actual application and administration; how could the irregularities in legislation that had not yet been reformed be addressed, the European Union asked? Also of particular concern was the lack of legal representation available to prisoners, and the failure to recognise the obligation to ensure access to counsel - how could improvement in this regard be promoted, and the information on this disseminated to the public; what was the timeframe for the possible release of political prisoners; and was the complaint procedure administered by the ILO on forced labour available to persons outside the capital and how effective was it, the European Union asked?

YAN JIARONG (China) took note of the report and the presentation by the Special Rapporteur. China recalled that recently the Government of Myanmar in the scope of diplomatic and domestic measures had taken steps to improve the human rights situation in the country. Last May there was a referendum, and as a result a new Constitution was adopted. In addition the Government of Myanmar was already engaged in fulfilling the Seven Step Roadmap. Myanmar continued to cooperate with human rights mechanisms. It had received the Special Rapporteur, as well as the Representative of the Secretary-General, which further illustrated their will to participate and cooperate with the international community, which was of interest to China. With the global economic and financial crises, the country was faced with more challenges, and it was China’s hope that the international community would contribute to their development, and foster an inclusive environment for cooperation in this regard. China would continue to work to find an appropriate solution to the situation in Myanmar.

ANDREJ LOGAR (Slovenia) said that Slovenia noted progress regarding the cooperation of the Government of Burma/Myanmar with the international community – namely with the International Labour Organization and the release of some political prisoners and the cooperation with the international community while delivering the humanitarian assistance to the people affected by the cyclone Nargis. Since the rights of the child were one of the Slovenian key priorities in the field of human rights, Slovenia welcomed the great importance given to children in the report of the Special Rapporteur. Slovenia firmly believed that children were one of the more vulnerable groups and that children were of paramount importance to the future of a country and the whole human society. Slovenia deplored that the Special Rapporteur had to report the spread of child illiteracy and that children were forced to work from an early age to support their families.

LEE SUNG-JOO (Republic of Korea) said the report was comprehensive and insightful, and the Special Rapporteur’s constructive engagement in dialogue and cooperation with the Government was welcome, and Myanmar was also to be commended in this regard. The release of some 6,313 prisoners, including 29 prisoners of conscience in February 2009, could be an indication that the authorities were taking the reconciliation process in a more serious way. However, there was still concern that more than 2,100 prisoners of conscience remained captive. The 2010 elections was one of the most important challenges facing Myanmar, and the promise of the authorities to conduct them on international standards should be kept. In order to do so, it should be clearly understood that a free and fair election also meant the participation of major political actors, including the NLD. United Nations monitoring and technical assistance would also be essential. Effective implementation and completion of the four core elements before the 2010 elections were important, but little time was left in the run-up to the elections. What most possible and imminent measures could the authorities take in the context of these elements, the Republic of Korea asked?

JAN NORDLANDER (Sweden) thanked the Special Rapporteur on the situation of human rights in Burma/Myanmar and commended him for his report that shed light on the deplorable human rights situation in Burma/Myanmar, which remained of grave concern to Sweden. Sweden asked the Special Rapporteur if he could describe how, according to his dialogue with the authorities, international standards may be upheld during the 2010 elections?

In the Special Rapporteur’s recommendations, Sweden recalled that he concentrated on four core human rights elements. One of them concerned the progressive release of prisoners of conscience. Sweden was concerned not only about the high number of this group of prisoners, but also about the conditions in prisons, and the cases of arbitrary detention. The number of national laws that, according to the Special Rapporteur, needed to be revised – 380- would seem overwhelming to any State, noted Sweden. Could the Special Rapporteur recommend any order of priority in this gigantic work in order to improve respect for human rights and have the Myanmar authorities give any sign of willingness to call for international assistance in their task, asked Sweden?

SHINICHI KITAJIMA (Japan) said that Japan appreciated Myanmar’s positive attitude toward cooperation with the international community which included accepting the visits of the Special Rapporteur and the Special Advisor to the United Nations Secretary-General, Mr. Gambari, earlier this year as well as the release of political prisoners since late February. Japan believed it was important for the international community to acknowledge and respond to such positive developments in Myanmar. Japan expected the Government of Myanmar to continue the release of political prisoners and to proceed with the democratic process in such a manner so that all the parties concerned could participate in the process, so that the 2010 general election would be blessed by the international community. On prison reform, Japan asked the Special Rapporteur how the international community could better help Myanmar’s efforts.

PETER GOODERHAM (United Kingdom) said the United Kingdom was deeply concerned about the grave human rights situation in Burma, and called upon the regime to comply with the recommendations set out by the Special Rapporteur and by the Secretary-General in their reports to the Human Rights Council. In particular, the United Kingdom called for the unconditional release of the more than 2,200 political prisoners in Burma, including Daw Aung San Suu Kyi. The regime must desist from further politically-motivated arrests. Unless all prisoners were released and the democratic opposition and ethnic groups could participate freely in the proposed 2010 elections, the results would have no international credibility. In addition, the regime should urgently address the dire humanitarian situation, including by providing access for unfettered humanitarian agencies to all areas in need. Was the Special Rapporteur confident that training for the judiciary and human rights training for civil servants and the police would be effective in spite of the fact that these institutions were dominated by officials close to the regime, the United Kingdom asked?

KHONEPHENG THAMMAVONG (Lao Peoples Democratic Republic) said that the situation in Myanmar was complex and challenging, especially the natural disaster created by Cyclone Nargis in May 2008 that caused the great loss of life, property and infrastructure in the country. The Government of the Lao Peoples Democratic Republic supported the Association of Southeast Asian Nations fundamental principles of non-interference in internal affairs and peaceful settlement of disputes in addressing the internal issue of Myanmar. The Government extended its support to Myanmar’s policy of national reconciliation, as well as the Seven Step Roadmap process and the plan to hold general elections in 2010. The democratization process in Myanmar should be a gradual and peaceful process, which required a constructive approach to the issue in order to guarantee the unity, peace, stability, security in the country and region. The Lao Peoples Democratic Republic would continue to contribute within its own capacity and efforts in realizing peace in Myanmar.

RACHITA BAHANDARI (India) said that India took positive note of the steps taken by the Government of Myanmar since the visit by the Special Rapporteur. A large number of prisoners, including a few prisoners of conscience, had been released. The Special Rapporteur had expressed concerns, especially with regard to the four human rights markers he had laid down pertaining to the review of national legislation, release of prisoners of conscience, and reform of the armed forces and the judiciary. Again, however, the Special Rapporteur had acknowledged the initial encouraging response of the Myanmar authorities in these four areas while calling for more progress. As a close and friendly neighbour with whom India shared a land border of more than 1,600 kilometres, India had believed consistently that Myanmar’s process of political reform and national reconciliation would be more inclusive, broad-based and expeditious. India continued to support the United Nations Secretary-General’s Special Envoy Ibrahim Gambari who visited Myanmar last month and was able to meet the detained National League for Democracy leader Aung San Suu Kyi.

GUY O’BRIEN (Australia) said the Special Rapporteur’s report reaffirmed the need for the international community to remain engaged in seeking to improve the human rights situation in Myanmar. Australia was gravely concerned by the ongoing detention of a large number of political prisoners, now more than 2,100, and welcomed the release in February of 29 prisoners, although this fell short of the international community’s expectations. Australia was gravely concerned about the ongoing practice of forced labour, and the use of child soldiers and landmines by combatant groups. The international community’s insistence that Myanmar should honour its human rights obligations had long gone unheeded. Australia welcomed the Special Rapporteur’s focus on practical steps that could be taken to secure real improvements for the people of Myanmar. What were the Special Rapporteur’s views on areas which he thought had the greatest potential for positive cooperation between the Government and the United Nations.

VIJAVAT ISARABHAKDI (Thailand) said that as Mr. Quintana himself had noted, while the human rights situation in Myanmar remained challenging, on the whole, both his visits had been constructive since the identified objectives were achieved. Thailand fully supported his mission as part of an ongoing process of constructive dialogue and engagement. No doubt, to a large extent, the responsibility for engagement rested with the Government of Myanmar in addressing the concerns of the international community. Thailand shared the aspirations of the international community regarding human rights in Myanmar. Thailand hoped to see Myanmar move forward along the process of reconciliation and democratization in accordance with the Seven Step Roadmap. This process should be inclusive and broadened to include all different political forces. On the international front, Thailand welcomed the constructive dialogue between the Myanmar Government and the United Nations. Thailand hoped that this cooperation and dialogue could be enhanced further, both in terms of human rights and humanitarian assistance.

ANIZAN SITI HAJAR ADNIN (Malaysia) said that Malaysia, as a developing country and a fellow ASEAN member, recognised the many and complex challenges that Myanmar needed to address, including those issues raised by the Special Rapporteur in his report. Myanmar should further enhance its cooperation and engagement with the international community to address its manifold challenges, including the humanitarian crisis, poverty eradication, and the improvement of the human rights situation in the country. The women, children and people of Myanmar should be provided with the opportunity to achieve their economic, social and cultural rights. Malaysia hoped all relevant parties would stand ready to cooperate in providing the necessary assistance to support Myanmar’s effort to further advance the general well-being of the people of Myanmar, including a better standard of living and full enjoyment of human rights. National reconciliation was the key to peace, stability and development in Myanmar, and it should expedite its path towards national reconciliation and democratic reform. The Council and the international community should continue to play a meaningful role to assist Myanmar through a forward-looking, constructive and consensus approach.

WENDY HINTON (New Zealand) welcomed the opportunity to engage with the Special Rapporteur on the human rights situation in Myanmar, and thanked him for his comprehensive report. In recent years, New Zealand had made numerous calls expressing concern about the human rights situation in Myanmar. New Zealand was supportive of the UN-led effort on Myanmar, including the United Nations Secretary-General’s Special Envoy. The Special Rapporteur’s report showed that despite some recent steps forward, the Council should continue to monitor developments in Myanmar, particularly in the lead up to the elections and constitutional referendum in 2010.

New Zealand stressed that the report highlighted that the military Government was failing to demonstrate a real commitment to the process of democratization. There were well over 2,000 prisoners of conscience and a number of leading political figures including Daw Aung San Suu Kyi continued to be detained. New Zealand called for their immediate and unconditional release. New Zealand also remained concerned by the information contained in the report about the impact of armed conflict on the civilian population.

BENTE ANGELL-HANSEN IDUN TVEDT (Norway) said that Norway shared the Special Rapporteur’s concern that he was unable to meet with the leaders of political parties. The human rights situation in Myanmar remained of serious concern. Shortcoming must be addressed quickly and effectively by the Government in order to meet its international obligations and to create conditions necessary for free and fair elections. Norway fully supported the Special Rapporteur in his effort to obtain substantive and time bound progress with regard to the four core human rights elements identified. Norway was deeply troubled by the many reports of rape, forced labour, children being recruited and used as child soldiers and other human rights abuses by the Tatmadaw, particularly in the ethnic areas. The impunity enjoyed by military personnel was a root cause for these ongoing violations. Norway asked the Special Rapporteur if he had raised the issue of impunity within the armed forces in his dialogue with the authorities.

MURIEL BERSET (Switzerland) said Switzerland was concerned with regards to the task that the Special Rapporteur described in his recommendations, namely the implementation of the four elements of human rights before the 2010 elections. With regards to the 380 domestic laws that had been sent to the relevant Ministries to verify their compatibility with international standards, had the Special Rapporteur been given details on the timescale and next steps in order to achieve this goal by 2010; had the assistance of the High Commissioner for Human Rights been requested in order to establish a human rights training programme for the police, the armed forces, and penal officers, Switzerland asked?

ROBERTO VELLANO (Italy) expressed gratitude and appreciation for the excellent work accomplished by the Special Rapporteur thus far. Italy had been following with deep concern the developments of the human rights situation in Myanmar. Despite some limited positive developments, at the moment the political process in the country – in view of the elections scheduled for 2010 – still suffered from a lack of transparency and inclusiveness and could not be considered free and fair.

Freedom of assembly, association and expression were not guaranteed, and therefore, especially in view of the general elections, Italy urged the Burmese Government to open an inclusive dialogue with democratic political opposition. Italy considered that the number of political prisoners recently released was insufficient, and Italy was concerned by the recent imprisonment of several prominent human rights activists. Italy called for the release without condition of all the political prisoners and detainees, and the lifting of all restrictions on political parties.

GUSTAVO RUTILO (Argentina) thanked the Special Rapporteur for his report on the human rights situation in Myanmar. In particular, Argentina considered the approach taken by the Special Rapporteur as appropriate in view of the relations with the authorities of the country. Argentina called on Myanmar to continue and broaden its cooperation with the Special Rapporteur. As the report stated, respect for freedom of expression and assembly was essential to achieve the objectives established on the way to the general elections in 2010. However, the report noted that 16 journalists and bloggers were still in prison. Argentina asked the Special Rapporteur how the development of these rights would develop in view of the elections in 2010. Also, one of the four key elements for the implementation of human rights in Myanmar was the training of security forces to ensure the respect for human rights and international human rights law. Argentina asked the Special Rapporteur in which manner this training could be undertaken?

ANIK BEAUDOIN (Canada) said human rights defenders were often victims of detention or arbitrary arrest in Burma, and, despite the repeated calls from the international community for the Government to respect the human rights and fundamental freedoms of the population, the situation remained worrying. According to the Special Rapporteur, what could the international community do to induce Burma to free political prisoners and respect prisoners’ rights in general; what precise measures could the Government take to ensure that the 2010 election be viewed as credible and legitimate on the political level; how could it be ensured that legitimate political actors including those in detention participate fully in the elections; and what was the Special Rapporteur’s view on what measures the Government should take to protect the fundamental rights and dignity of the Rohingya ethnic minority, Canada asked.

DIAN TRIANSYAH DJANI (Indonesia) thanked the Special Rapporteur for the informative report submitted for the Council’s consideration. Indonesia was heartened by the recent developments in Myanmar and by the fact that the Government had now engaged in a willing and constructive dialogue with the Special Rapporteur and other United Nations mechanisms. A number of positive developments attested to the will of the Government to address the concerns of the international community with regard to the situation in Myanmar. Thus, Indonesia noted with appreciation the news that the Government had already released 6,313 detainees and seven prisoners of conscience to date. It was hoped that more prisoners would be released in the course of this year.

Another positive move, recalled Indonesia, was the Government of Myanmar’s expressed willingness to address the adoption and implementation of the four core human rights elements recommended by the Special Rapporteur. Those were essential prerequisites to the establishment of a conducive environment for the 2010 election. Furthermore, Indonesia, expressed its profound hope that the election would be conducted in a credible, transparent, fair and inclusive manner.

ANNA CHAMBERS (United States) said that the United States remained deeply concerned about the incarceration of over 2,000 prisoners of conscience in Burma. The United States noted that the Special Rapporteur was able to visit some prisons, including Insein, and conduct some of his requested meetings. Could the Special Rapporteur comment on what could be done to encourage the Government to rapidly release all the prisoners of conscience? More broadly, how could the international community promote democratic reform and the rule of law? The United States had repeatedly stated that improvements in the country’s human rights record would be necessary for this country to have normal relations with the United States and the international community. The United States would continue to explore and identify concrete ways to address human rights problems, including with bilateral partners and through international organizations.

EVENY USTINOV (Russian Federation) said the situation concerning the respect of human rights and fundamental freedoms was far from catastrophic as some attempted to portray it. The authorities guaranteed the fundamental social and economic rights of their citizens, had freed almost all those jailed after the events of 2007, and had carried out an amnesty in 2009. After the reform, Myanmar would continue to build the society, and it was working with the United Nations mechanisms and system. Russia believed that the existing restrictions on civil and political rights were of a temporary nature, and would soon come to an end. The increasing attention paid by the international community to the issue was artificial, and the accusations levelled at the leadership were based on unreliable information, from unverified and politicised sources. It would be constructive to maintain an unbiased approach, and note the success of Myanmar on the path of reform, and to encourage the leadership to pursue these reforms and find acceptable solutions to ensuring the fundamental human rights of the population.

MARC ANTHONY, of Asian Legal Resource Centre, said they welcomed the approach taken by the Special Rapporteur to the institutional issue of human rights abuse in Myanmar, especially the criminal justice system. The Asian Legal Resource Centre said they understood that the Special Rapporteur met with the Attorney General, Police Chief, Bar Council and Chief Justice, the latter who had reportedly ordered cases arising from the September 2007 protests to be heard in closed courts. The Resource Centre recalled that family members and lawyers had been obstructed or denied access to those trials, and asked the Special Rapporteur if he was able to take up this issue with the Chief Justice? There remained many persons in the prisons of Myanmar who were arrested, charged and sentenced illegally and in evidence-less trials since the 2007 protest, did those cases get discussed with the Chief Justice?

GIYOUN KIM, of Asian Forum for Human Rights and Development (Forum-Asia), in a joint statement with Conectas Direitos Humanos, said that in order for the Road Map to be a meaningful process, the leaders of political parties and other prisoners of conscience should be immediately released in order to allow them to freely participate in the completion of the Road Map. Since the Constitution was totally stained with intimidation, coercion and manipulation by the armed forces during the referendum in May 2008, the organizations had serious doubt how this Constitution could be a benchmark for any judicial and legislative reforms, and the organizations hoped to hear the view of the Special Rapporteur on this matter. Also, the organizations asked how the Association of Southeast Asian Nations would be able to contribute to effectively address the human rights and humanitarian crisis faced by Rohingya refugees and stateless people.

THAUNG HTUN, of Worldview International Foundation, said Myanmar was now at a critical juncture. On one hand the situation of human rights was deteriorating in the cities and villages and in the remote areas of the ethnic nationalities, and on the other hand, the SPDC was going ahead with its own roadmap to legitimise the military rule through a new election in 2010. There was concern that the legal system had not been used to take action against perpetrators who were responsible for killings in the Saffron Revolution in 2007, but to further suppress the victims who were involved in peaceful demonstrations. The 2008 Constitution failed to guarantee basic human rights and did not prevent future discrimination on an ethnic basis. It was urgent for Burma to go through the 4Rs process before 2010.

THOMAS OJEA QUINTANA, Special Rapporteur on the situation of human rights in Myanmar, in his concluding statement, said he heard a good number of speakers and comments which demonstrated the interest and concern of the international community with regard to the human rights situation in Myanmar. He said first and foremost he appreciated the decision by the Government of Myanmar to cooperate with his mandate. However, it was important to point out that the principle governing the mandate outlined that cooperation was the means to achieving that end.

On the judicial reforms process, Mr. Quintana noted that he held constructive talks with the Supreme Court Justice and the Attorney General. The Supreme Court Justice, appreciated the technical cooperation extended by mandate, not only for training purposes, but also to deal with substantive issues, and which enabled further discussions on substantive national issues which sometimes violated human rights. Judicial reform was central to the work in Myanmar, and would enable his work to avoid impunity in the future, and in relation to the human rights situation faced in the past as well, stressed Mr. Quintana. Sweden and Switzerland asked about legal reform, and 380 domestic laws had been transmitted to ministries. Mr. Quintana said he had insisted that the priority be placed on the laws that affected freedom of expression, association and participation in elections.

On children, Mr. Quintana pointed out to the Government of Myanmar that their report to be submitted to the Committee on the Rights of the Child had not been done as of yet. Therefore he urged the Government of Myanmar to do so in order to allow for a comprehensive assessment of the situation of children in the country. He appealed to the Government of Myanmar to continue its efforts to address the human rights situation in the country. Mr. Quintana also expressed concern on civil and political rights, as well as the economic, social and cultural rights being violated, and was gravely concerned about the situation in many states in the country. With regard to political prisoners on conscience, Mr. Quintana said those prisoners should be set free before the elections proposed for next year, and recalled that he was working closely with the Government for their progressive release before then. He called on the Government of Myanmar to adopt the law to regulate elections for next year. Mr. Quintana called upon the international community once again to help implement the four core human rights elements in Myanmar, before the elections next year, as this would be the only way for the people of Myanmar to live free and with respect for their human rights.

Documents on the Follow-Up to the Eighth Special Session on the Situation of Human Rights in the East of the Democratic Republic of the Congo

The Council has before it the report of the High Commissioner on the situation of human rights and the activities of her Office in the Democratic Republic of the Congo (A/HRC/10/58), which notes that the human rights situation in the country remains of grave concern. Acute conflicts and long-standing structural challenges have worsened the already precarious living conditions of the Congolese. During the reporting period, in eastern Congo, Government control was often challenged or replaced by various armed groups, resulting in or perpetuating conflicts that have engendered serious violations of human rights, such as arbitrary executions, sexual violence, abductions and pillaging. While international attention has focused on the conflict in eastern Congo, the public space for protests and criticism in the rest of the country has diminished considerably, with the authorities showing little tolerance of those critical of their policies. Mainly as a result of inadequate wages, police and army officers commonly use their position to extract payment from civilians, often through the use of arbitrary arrests and physical force. The judiciary faces enormous challenges, ranging from a profound lack of resources to widespread corruption and political and military interference, depriving citizens of an effective legal framework through which to seek redress. During the reporting period, the United Nations Joint Human Rights Office in the country – composed of the Human Rights Division of the MONUC and the OHCHR Office in the Democratic Republic of the Congo – has stepped up its monitoring and advocacy activities, including with regard to judicial and disciplinary follow-up to violations committed by state agents, and to fight impunity in the area of sexual violence. The report ends with a number of recommendations addressed to the Government and to the international community, including that the Government increase transparency over the collection of state resources, in particular by mapping revenues received from actors exploiting mineral-rich areas in compliance with the Extractive Industries Transparency Initiative and prioritize the allocation of revenues in compliance with the duty of the State to maximize resources for the further realization of human rights by providing detailed oversight over budget expenses.

The Council has before it the combined report of seven thematic special procedures on technical assistance to the Government of the Democratic Republic of the Congo and urgent examination of the situation in the east of the country (A/HRC/10/59), is presented by the mandate holders on violence against women; internally displaced persons; independence of judges and lawyers; the right to health; human rights defenders; human rights and transnational corporations; and children and armed conflict. Those special procedures find that the general human rights situation in the country remains a cause of serious concern and has further deteriorated since the adoption of resolution 7/20 by the Council. In the east of the country in particular, systematic and gross violations of the human rights of civilians and grave breaches of international humanitarian law are taking place. Specific concerns highlighted relate to forced and arbitrary displacement; the effect of the humanitarian crisis on economic, social and cultural rights; violence against women and girls; the situation of human rights defenders; and the impact of armed conflict on children in the eastern Democratic Republic of the Congo. Impunity, the existence of non-State armed actors, the present state of the security and justice sectors, the illegal exploitation of natural resources, the political instrumentalization of ethnic cleavages and the lack of equality between men and women are identified as root causes of human rights concerns. Eight priority objectives are outlined: fighting impunity and strengthening the law enforcement and justice sectors; reforming the security sector; preventing the re-recruitment of children by armed groups and socially reintegrating children associated with armed groups; protecting women’s rights and ensuring gender equality; addressing economic root causes of human rights violations; protecting the rights of the displaced and minorities; providing access to health care, especially for marginalized groups; and strengthening State and civil society structures to protect and promote human rights. The seven thematic special procedures urge the Council to continue taking a leadership role to ensure that the human rights dimension of the peacebuilding process in the Democratic Republic of the Congo is duly addressed and recommend that the Council establish a special procedure mechanism on the human rights situation in the Democratic Republic of the Congo, in particular areas affected or threatened by armed conflict. The authors also recommend that benchmarks to measure human rights progress in the Democratic Republic of the Congo be developed by the United Nations, in consultation with the Government, civil society and donors.

Presentation of Reports on the Follow-Up to the Eighth Special Session on the Situation of Human Rights in the East of the Democratic Republic of the Congo

KYUNG-WHA KANG, Deputy High Commissioner for Human Rights, introduced the report of the High Commissioner on the situation of human rights and the activities of the Office of the High Commissioner for Human Rights in the Democratic Republic of the Congo. The report expressed concern over serious violations of human rights that occurred in the country during the period under review. On a general level, the combination of long-standing structural challenges and acute conflicts had worsened the already precarious living conditions of many Congolese. Control over parts of eastern Congo had been disputed between the Government and various armed groups, perpetuating conflicts that had had detrimental consequences for the civilian population there. Arbitrary executions, sexual violence, abductions, detention and pillaging had been commonplace occurrences, in a climate of generalized impunity, as detailed in the report before the Council.

While international attention had focused on the conflict in eastern Congo, the public space for protest and criticism in the rest of the country had diminished throughout the reporting period. On numerous occasions, as illustrated in the report, the authorities had clamped down on those critical of their policies. Mainly as a result of inadequate wages, police and army officers commonly used their power to obtain financial or other benefits, often by using arbitrary arrests and physical force. The judiciary also faced enormous challenges; the lack of an independent judiciary deprived citizens of an effective legal framework through which to lodge complaints or seek redress. The Office of the High Commissioner for Human Rights had intensified its efforts to fight impunity in the area of sexual violence by making trial monitoring more systematic, and through the implementation of technical cooperation programmes in the framework of the recently finalized comprehensive United Nations strategy to combat sexual violence in the Democratic Republic of the Congo. A network of non-governmental organizations, coached and trained in witness protection, was established in eleven provinces.

Peace, development and the emergence of democracy in the Democratic Republic of the Congo would remain difficult to achieve unless the challenges outlined in this report were tackled as a matter of priority. Most importantly, a new impetus must be given to efforts to address the issue of impunity; the Government of the Democratic Republic of the Congo, with the active assistance of the international community, must be prepared to deal with this issue in a forceful and unequivocal manner in order to discourage those who would resort to violence to gain or keep political influence to control natural resources. Following the successful holding of a series of free and fair elections in the country in the recent past, Congolese citizens held high expectations that their lives would noticeably improve. These expectations must not be let down.

WALTER KALIN, Representative of the Secretary-General on internally displaced persons, said the Council had asked a number of its mechanisms to urgently examine the situation in the Democratic Republic of the Congo, in particular with regards to violence against women. The Special Procedures had enjoyed good cooperation from the Government, and had carried out a mission to the country, and had been able to discuss the findings with the Prime Minister. The general human rights situation in the Democratic Republic of Congo remained a cause for serious concern, and had further deteriorated since the adoption of the resolution in March 2008. The systematic and gross violations of the human rights of civilians and gross breaches of international humanitarian law were taking place in front of a backdrop of a grave humanitarian situation. There was grave arbitrary displacement; violence against women and girls, in particular rape and gang rape; intimidation and violence of human rights defenders, lawyers and judges; and forced recruitment of children into armed groups continued.

Members of the State security forces committed serious violations. There were reports that on Sunday, four human rights defenders had been arrested after a press conference. The Government’s main shortcoming with regards to its human rights obligations lay in what it failed to do. In many areas, it abdicated its basic responsibilities, leaving the United Nations peacekeeping operation and the work of the United Nations agencies to fill the void. The perpetrators of the worst crimes could expect impunity due to the deplorable situation of the law enforcement and penitentiary situations, but also due to the lack of will to bring perpetrators to justice. There was a lack of will to remove human rights violators and reinforce the chain of command. The lack of equality between men and women and ethnic conflicts were also part of the root causes of human rights violations.

Technical assistance could aid Government action, not replace it. The Government, assisted by its partners, should prioritise action, including reforming the security section, preventing the recruitment of children by armed groups, protecting women’s rights and gender equality, addressing the economic root causes of human rights violations, protecting the rights of the displaced and minorities, providing access to health care, and strengthening State and civil society structures to protect and promote human rights. In order to measure progress in human rights and the effectiveness of technical assistance, benchmarks should be developed by the United Nations in consultation with the Government, civil society organizations, and others. The Council should take a leadership role to ensure that the human rights issues in the peace-building process remain a priority. The Council should establish a follow-up mechanism to the report.

Statement by the Concerned Country

UPIO KARURA WAPOL (Democratic Republic of the Congo), speaking as a concerned country, said most reforms which the Government had undertaken were done in tight partnership with the Office of the High Commissioner for Human Rights, the Mission of the United Nations Organization in the Democratic Republic of the Congo (MONUC), the United Nations system, the European Union partners, and other members of the international communi. Source: HREA - www.hrea.org