RES/10/27 Situation of human rights in Myanmar

Human Rights Council

Tenth Session

Resolution 10/27. Situation of human rights in Myanmar

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenants on Human Rights, and reaffirming also previous resolutions on the situation of human rights in Myanmar of the Commission on Human Rights, Council resolutions S-5/1 of 2 October 2007, 6/33 of 14 December 2007, 7/31 of 28 March 2008 and 8/14 of 18 June 2008, as well as resolutions of the General Assembly, the most recent being resolution 63/245 of 24 December 2008,

Welcoming the agreement by the Government of Myanmar to the visits of the Special Rapporteur on the situation of human rights in Myanmar from 3 to 7 August 2008 and from 14 to 19 February 2009, and also the report of the Special Rapporteur (A/HRC/10/19), while urging the implementation of the recommendations contained therein and encouraging the continuation of regular visits and the extension of full cooperation of Myanmar authorities to the Special Rapporteur,

Welcoming also the agreement by the Government of Myanmar to the visit of the Special Representative of the Secretary-General to Myanmar from 31 January to 3 February 2009, as well as the report of the Secretary-General on the situation of human rights in Myanmar (A/HRC/10/17),

Being concerned that the urgent calls contained in the above-mentioned resolutions and of other United Nations bodies concerning the human rights situation in Myanmar have not been met, and further emphasizing the need for significant progress towards meeting these calls of the international community,

Being concerned also that the violent crackdown on peaceful mass demonstrations of September 2007 and the ensuing human rights violations, including enforced disappearances, arbitrary detentions, torture and ill-treatment, have not been investigated and their perpetrators prosecuted,

Expressing its concern that the drafting process of the Constitution and the constitutional referendum did not meet the expectations that the political process would be free and fair, and reiterating its calls to the Government of Myanmar to ensure that the country’s political processes are transparent, inclusive, free and fair,

Being concerned by the continued arbitrary house arrest of the General Secretary of the National League for Democracy, Daw Aung San Suu Kyi, and by reports that, despite the recent release of 29 political prisoners, 2,100 others still remain imprisoned, in harsh conditions, in unknown locations or without charge,

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Reaffirming that it is the responsibility of the Government of Myanmar to ensure the full enjoyment of all human rights and fundamental freedoms of its entire population, as stated in the Charter, the Universal Declaration of Human Rights and other applicable human rights instruments,

Recalling Council resolutions 5/1 on institution-building of the United Nations Human Rights Council and 5/2 on the Code of Conduct for special procedures mandate holders of the Human Rights Council, of 18 June 2007, and stressing that the mandate holder shall discharge his/her duties in accordance with these resolutions and annexes thereto,

1. Condemns the ongoing systematic violations of human rights and fundamental freedoms of the people of Myanmar;

2. Strongly urges the Government of Myanmar to desist from further politically motivated arrests, to release without delay and without condition all political prisoners, including the General Secretary of the National League for Democracy, Daw Aung San Suu Kyi, the Chairman of the Shan Nationalities League for Democracy, U Khun Tun Oo and the leader of the 88 Generation Students Group, U Min Ko Naing;

3. Calls for fair and public hearings by competent, independent and impartial tribunals established by law, and expresses its concern at the deficiencies of trials leading to the harsh sentences delivered in Yangon and Mandalay since October 2008, and calls on the Government of Myanmar to rectify those deficiencies;

4. Also calls for a full, transparent, effective, impartial and independent investigation into all reports of human rights violations, including enforced disappearances, arbitrary detentions, rape and other forms of sexual violence, torture and other forms of ill-treatment, and for bringing those responsible to justice in order to end impunity for violations of human rights;

5. Strongly urges the Government of Myanmar to end all forms of discrimination and to protect civil, political, economic, social and cultural rights on the basis of the Universal Declaration of Human Rights and, in particular, to comply with its human rights obligations under the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child in this regard;

6. Welcomes the prolongation in February 2009 of the trial period of the supplementary understanding between the International Labour Organization and the Government of Myanmar, and urges the Government to intensify measures to end its practice of forced labour, to strengthen its cooperation with the liaison office of the Organization and to ensure that there are no negative repercussions, in particular against those that seek redress;

7. Strongly calls upon the Government of Myanmar to put an immediate end to the recruitment and use of child soldiers in violation of international law by all parties, to intensify measures to ensure the protection of children from armed conflict and to pursue its collaboration with the Special Representative of the Secretary-General for Children and Armed Conflict;

8. Notes with appreciation the cooperation of the Government of Myanmar with the international community, including the United Nations, in delivering humanitarian assistance to the people affected by Cyclone Nargis, and the recent extension of the Tripartite Core Group mechanism, mindful that timely access contributes to reduced suffering and loss of life;

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9. Calls upon the Government of Myanmar to address urgently the dire humanitarian situation and to allow and facilitate rapid and unimpeded humanitarian access to all persons in need in all areas of Myanmar, while paying special attention to internally displaced persons;

10. Expresses its concern over the situation of the persons belonging to the Rohingya ethnic minority in Northern Rakhine State, and urges the Government of Myanmar to recognize the right of these persons to nationality and to protect all of their human rights;

11. Calls upon the Government of Myanmar to consider acceding to the remaining international core human rights treaties;

12. Takes note of the information that a number of domestic laws have been sent for review, calls upon the Government of Myanmar to ensure a transparent, inclusive and comprehensive review of compliance of all its national legislation with international human rights law, while engaging constructively with democratic opposition and ethnic groups, and to refrain from implementing and to revoke those national legal provisions that are found to be contrary to international human rights law;

13. Urges the Government of Myanmar to ensure the independence and impartiality of the judiciary and to guarantee due process of law, and welcomes in this context the assurances given by the authorities of Myanmar to the Special Rapporteur on the situation of human rights in Myanmar to begin a dialogue on judicial reform, and calls upon the authorities to fulfil those assurances as early as possible;

14. Also urges the Government of Myanmar to provide, in cooperation with the Office of the United Nations High Commissioner for Human Rights, adequate human rights and international humanitarian law training for its armed forces, police and prison personnel, to ensure their strict compliance with international human rights law and international humanitarian law and to hold them accountable for any violations thereof;

15. Calls on the Government of Myanmar to engage in a meaningful, substantive and time-bound process of open dialogue and national reconciliation with the full participation of representatives of all political parties and ethnic groups;

16. Also calls on the Government of Myanmar to ensure free and fair electoral process that is transparent and inclusive, with full and genuine participation of all stakeholders;

17. Urges the Government of Myanmar to guarantee the rights to the freedom of assembly, association and freedom of expression, including for free and independent media, and to lift immediately all restrictions on the exercise of these rights;

18. Decides to extend for one year the mandate of the Special Rapporteur on the situation of human rights in Myanmar, in accordance with Commission on Human Rights resolutions 1992/58 of 3 March 1992 and 2005/10 of 14 April 2005, and Council resolution 7/32 of 28 March 2008;

19. Urges the Government of Myanmar to continue to respond favourably to the Special Rapporteur’s requests to visit the country and to cooperate fully with him by providing access to all relevant information, bodies, institutions and persons, so as to enable him to fulfil his mandate effectively, and to implement the recommendations contained in his reports

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(A/HRC/6/14, A/HRC/7/18, A/HRC/7/24, A/HRC/8/12 and A/HRC/10/19) and in Council resolutions S-5/1, 6/33, 7/31 and 8/14;

20. Requests the Special Rapporteur to submit a progress report to the General Assembly at its sixty-fourth session and to the Council in accordance with its annual programme of work;

21. Calls upon the Office of the High Commissioner to provide the Special Rapporteur with all necessary assistance and resources to enable him to discharge his mandate fully;

22. Calls upon the Government of Myanmar to continue to engage in a dialogue with the Office of the High Commissioner with a view to ensuring full respect for all human rights and fundamental freedoms;

23. Expresses its strong support for the good offices mission and commitment of the Secretary-General, encourages the Government of Myanmar to allow regular visits of his Special Representative on Myanmar to facilitate a genuine and inclusive political process, and calls on the Government to ensure full cooperation with the Secretary-General, his representative and the Special Rapporteur.

44th meeting 27 March 2009

[Adopted without a vote.]

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