RES/8/14 Situation of human rights in Myanmar

Human Rights Council

Resolution 8/14. 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 Council resolutions S-5/1 of 2 October 2007, 6/33

of 14 December 2007 and 7/31 of 28 March 2008,

Welcoming the report of the Special Rapporteur on the human rights situation

in Myanmar (A/HRC/8/12) while calling on the Myanmar authorities to extend full

cooperation to the Special Rapporteur, including by inviting him to visit Myanmar as

soon as possible,

Being deeply concerned that the urgent calls contained in the above-mentioned

resolutions, as well as of other United Nations bodies concerning the human rights

situation in Myanmar have not been met and further emphasising that, without

significant progress towards meeting these calls of the international community, the

human rights situation in Myanmar will continue to deteriorate,

Expressing its condolences to those who suffered loss as a result of Cyclone

Nargis, and welcoming the efforts of international, regional and national

organizations to bring relief to the survivors of this natural disaster and noting the

commitment made by the authorities of Myanmar, on 25 May, to grant unfettered

access to relief workers to the affected areas,

Expressing also its deep concern that the country’s political processes are not

transparent, inclusive, free and fair, and at the decision of the Government of

Myanmar to proceed with the constitutional referendum in an atmosphere of

intimidation and in disregard with international standards of free and fair elections

at a time of dire humanitarian need,

Being concerned about reported widespread violations of human rights and

international humanitarian law in the Kayin State and Bago Division,

Being most concerned by the decision, once again, to extend the house arrest

of the General Secretary of the National League for Democracy, Daw Aung San Suu

Kyi, on 27 May 2008, and by reports that there are as many as 1,900 other political

prisoners, many held without charge and in unknown locations,

Being concerned that no effort has been made to investigate and prosecute

the perpetrators of the violent crackdown on peaceful mass demonstrations of

September 2007 and of the ensuing human rights violations, including enforced

disappearances, arbitrary detentions, torture and ill treatment,

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 and to release all political prisoners without delay

and without conditions;

3. Calls upon the Government to fully implement the commitments it has

made to the Secretary-General on granting immediate, full and unhindered access by

relief workers to all persons in need throughout the country, to cooperate fully with

all humanitarian organizations, in particular in the Irrawaddy Delta, to refrain from

sending people back to areas where they cannot have access to emergency relief and

to ensure that return is voluntary and occurs in safety and with dignity;

4. Strongly urges the Government of Myanmar to end all forms of

discrimination and 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;

5. Condemns the recruitment of child soldiers into both the Government

armed forces, contrary to its international obligations, and non-State armed groups,

and calls for an absolute and immediate stop to this appalling activity;

6. Calls for a full, transparent, effective, impartial and independent

investigation into all reports of human rights violations, including enforced

disappearances, arbitrary detentions, torture, ill treatment, forced labour and forced

displacement, and for bringing those responsible to justice in order to end impunity

for violations of human rights;

7. Strongly calls on the Government of Myanmar to engage in a real process

of dialogue and national reconciliation with the full and genuine participation of

representatives of all political parties and ethnic groups who have been excluded

from the political process;

8. Expresses its strong support for the good-offices mission and

commitment of the Secretary-General, and encourages the Government of

Myanmar to take early steps to admit his Special Representative on Myanmar,

Ibrahim Gambari, to facilitate a genuine and inclusive political process, and calls on

the Government of Myanmar to ensure full cooperation with the Secretary-General,

his representative and the Special Rapporteur;

9. Strongly urges the Government of Myanmar to receive, as soon as

possible, the Special Rapporteur and to cooperate fully with him to implement the

recommendations contained in his reports (A/HRC/6/14, A/HRC/7/18,

A/HRC/7/24 and A/HRC/8/12), as well as Council resolutions S-5/1, 6/33 and

7/31;

10. Requests the Special Rapporteur to report to the Council on the

fulfilment of his mandate, and in particular, on the implementation of its relevant

resolutions;

11. Decides to remain seized of this matter.

28th meeting 18 June 2008

[Adopted without a vote.]