25 August 2011
Myanmar: “Serious human rights issues remain despite positive steps by the authorities,” says UN expert
YANGON – The United Nations Special Rapporteur on the situation of human rights in Myanmar, Tomás Ojea Quintana, urged
the Government to intensify its efforts to implement its own commitments and to fulfill its international human rights
obligations.
“This is a key moment in Myanmar’s history and there are real opportunities for positive and meaningful developments to
improve the human rights situation and bring about a genuine transition to democracy,” Mr. Ojea Quintana said at the end
of his five-day mission* to the country. “The new Government has taken a number of steps towards these ends. Yet, many serious human rights
issues remain and they need to be addressed.”
Prisoners of conscience “Of key concern to me and to the international community is the continuing detention of a large
number of prisoners of conscience. In my meetings with the Government, I conveyed my firm belief that their release is a
central and necessary step towards national reconciliation and would bring more benefit to Myanmar’s efforts towards
democracy. I reiterate that call now.”
Torture and ill-treatment “Another concern is the continuing allegations of torture and ill-treatment during
interrogation, the use of prisoners as porters for the military, and the transfers of prisoners to prisons in remote
areas where they are unable to receive family visits or packages of essential medicine and supplemental food. In Insein
prison, I heard disturbing testimonies of prolonged sleep and food deprivation during interrogation, beatings, and the
burning of bodily parts, including genital organs. I also heard accounts of prisoners being confined in cells normally
used for prison dogs as means of punishment.”
Tensions/armed conflict with ethnic groups “Tensions in ethnic border areas and armed conflict with some armed ethnic
groups 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, as well as forced labour and portering. I call on the authorities and all armed groups to ensure the
protection of civilians in conflict-affected areas and to accelerate efforts towards finding a political solution to the
conflict.”
Deprivation of economic, social and cultural rights “Concerns regarding the availability and accessibility of education
and health care were specifically highlighted (by many interlocutors), as well as the need for the teaching of ethnic
minority languages in schools in minority areas – issues I have raised in my previous reports. Other concerns
highlighted addressed land and housing rights, particularly with respect to the impact of infrastructure projects, land
confiscations by the military and development-induced displacement.”
The legal system “The capacity, independence and impartiality of the judiciary remain outstanding issues in Myanmar.
Various laws and legal provisions that limit fundamental rights and contravene international human rights standards
remain in existence. I am encouraged to hear that a process to review and possibly amend or revoke national legislation
is underway.” Justice “Justice and accountability measures, as well as measures to ensure access to the truth, are
fundamental for Myanmar to face its past and current human rights challenges, and to move forward towards national
reconciliation. I would again encourage the Government to demonstrate its willingness and commitment to address these
concerns and to take the necessary measures for investigations of human rights violations to be conducted in an
independent, impartial and credible manner, without delay.”
The new Parliament “I welcome what seems to be an opening of space for different actors and parties to engage in the
political process. At the same time, I note the strong need to enhance the capacity and functioning of this new
institution and of its members. Also crucial is the need to clarify a number of the Parliament’s internal rules and
procedures, including establishing clear rules governing parliamentary immunity.
During his mission, the Special Rapporteur designated by the UN Human Rights Council to monitor and report on the
situation in Myanmar met with Government ministers and various other relevant stakeholders, among them opposition leader
Daw Aung San Suu Kyi. Mr. Ojea Quintana also saw the new parliament in session in Naypyitaw, and visited the Insein
Prison where he met with prisoners of conscience.
(*) Check the full end-of-mission statement by the Special Rapporteur: http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=11330=E
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Mr. Tomás Ojea Quintana (Argentina) was appointed by the United Nations Human Rights Council in May 2008. As Special
Rapporteur, he is independent from any government or organization and serves in his individual capacity.
For additional information on the mandate of the Special Rapporteur, please visit: http://www2.ohchr.org/english/countries/mm/mandate/index.htm
OHCHR Country Page – Myanmar: http://www.ohchr.org/EN/countries/AsiaRegion/Pages/MMIndex.aspx
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