23 March 2007, Geneva
Statement by Deputy Permanent Represntative U Nyunt Swe, the Union of Myanmar and Leader of the Myanmar Observer Delegation at the Fourth Session of the Human Rights Council.
Mr. President,
Today we hold an interactive session with Special Rapporteur Professor Paulo Sergio Pinheiro for the second time during the first year of the Human Rights Council.
The report submitted to the Human Rights Council by the Special Rapporteur contained in document A/HRC/4/14 dated 12 February 2007 is by and large the same as the earlier one (E/CN.4/2006/34) which he presented to the Council in September last year.
We have listened carefully to his oral presentation and are pleased to note that he made some changes to his observations in his original report.
The Special Rapporteur mentions in the overview of his six year mandate that he has not been allowed to visit the country since November 2003. I wish, however, to clearly state here that Myanmar did allow him to visit the country six times and during each visit the authorities had extended the fullest cooperation possible in order to facilitate the discharge of his mandate. He has travelled extensively in the country to make first hand observation on the socio-political and economic situations prevailing in the country. He also had the opportunity to meet the leaders and Government officials, representatives of political parties and representatives of ethnic groups.
Having given the opportunity to the Special Rapporteur to visit the country to have a first hand view, we expected impartiality, objectivity, fairness and balanced views in his reports. But to our regret and disappointment his reports have lost objectivity and constructiveness and are replete with groundless allegation and criticisms which we categorically reject.
As I had in my intervention made a comprehensive reply to the report of the Special Rapporteur in September 2006 which was further supplemented by the Myanmar delegation’s observations to the same report submitted to the Third Committee, I do not intend to repeat it here today.
Mr. President,
In my statement this morning, I should like to focus on the following specific issues during the time allotted : –
– The National Convention process
– Forced Labour
– Child Soldier
The National Convention met during October- December 2006 for a duration of ten weeks and successfully completed consideration of the detailed basic principles of the remaining seven chapters of the Constitution. Thus, out of the fifteen chapters, eight have been adopted and deliberations on the remaining seven chapters have been completed. The National Convention process will be concluded in 2007. The drafting committee will write the new constitution based on the detailed basic principles adopted by the National Convention. Myanmar Government is fully committed to the successful implementation of the seven-step road map to democracy.
Mr. President,
In January 2007, the Government granted general amnesty to 2831 prisoners. With this the Government has granted amnesty to 22147 prisoners during the last two years. This demonstrates the Government’s goodwill and and commitment to national reconciliation.
Mr.President,
The Special Rapporteur devoted several paragraphs to the issue of forced labour in Myanmar. In this respect, I should like to update the latest developments in Myanmar’s cooperation with the ILO on the eradication of forced labour in the country. There has been a continuing trend of constructive engagement with the ILO since the International Labour Conference of June 2006. All three pending cases involving Su Su Nway, Aye Myint and the Aung Lan case were resolved as requested by the International Labour Conference. A moratorium of six months which was announced in June 2006 on a trial basis for not taking action against false complaints of forced labour was extended in December last year pending the establishment of a mechanism to deal with cases of forced labour.
Most importantly, Myanmar has fulfilled the priority requirement of the Conclusion of the 297th Governing Body of the ILO held in November 2006, namely, to conclude an agreement with the ILO Office on a mechanism to deal with complaints of forced labour. After several rounds of intensive negotiations with the ILO, the Government of the Union of Myanmar and the ILO signed on 26 February 2007, the Supplementary Understanding to the Understanding concerning the appointment of an ILO Liaison Officer in Myanmar. This agreement sets up the necessary mechanism to deal with complaints of forced labour.
This achievement clearly reflects Myanmar’s willingness and seriousness to cooperate with the ILO in the eradication of forced labour in the country.
Mr. President,
On the issue of Child Soldiers which the Special Rapporteur brings out in his report, I would like to inform the Council on the actions taken by Myanmar since 2004.
Since the inception of the Committee for Prevention against Recruitment of Minors, steady progress has been achieved on this issue. Arrangements were made for UN agencies such as the UNDP and UNICEF to meet with new recruits at recruitment units. Field trips were undertaken by the UNDP and UNICEF together with the ICRC to meet the new recruits in Mandalay last October. Diplomats and Military Attaches of foreign missions in Yangon also visited the Recruitment Unit in Yangon and the Training Depot in Phaunggyi.
The high-level Committee has laid down a Plan of Action to scrutinize the procedures to prevent recruitment of minors into the armed forces. It includes procedures on mobilizing raw recruits and discharge from military service, reintegration into society, raising public awareness, taking action against transgressors, reporting, submission of suggestions and recommendations and coordination and cooperation with international organizations. A task force consisting of Ministry of Foreign Affairs, Ministry of Home Affairs, Ministry of Labour and Ministry of Social Welfare, Relief and Resettlement oversee the implementation of the Plan of Action.
Between 2004 and 2006, 567 persons were discharged from the armed forces as they neither met the minimum age nor the designated qualifications.
Upon the instructions of the Judge Advocate-General, officers and other ranks of the different Military Commands have been lectured and explained on the prevention of military recruitment of under-age children.
No forced recruitment is carried out and all soldiers joined the armed force of their own accord. No one under the age of 18 are allowed to join the military service even out of their own willingness. Moreover, they have to pass the prescribed medical examination and must be clear of criminal records.
Mr. President,
Myanmar became a State Party to the Convention on the Rights of the Child in 1991. In order to implement the provisions of the Convention, Child Law was promulgated in 1993 and its rules were prescribed in 2001. The Ministry of Social Welfare acts as the national focal point. The National Committee for the Rights of the Child was formed in 1993 with the Minister of Social Welfare as its Chairman. The Working Committee was established in 1997. Moreover, Committees for the Rights of the Child have also been formed at States / Division, Districts and Township levels.
Myanmar has already submitted its second national report to the United Nations Committee on Rights of the Child in 2002 and has presented to the 36th United Nations Committee on Rights of the Child in May 2004.
Mr. President,
The Special Rapporteur states that the second national report to the CEDAW is overdue. I am pleased to inform the Council that Myanmar National Committee for Women’s Affairs is taken the necessary steps to submit the combined second and third reports of the national report to the CEDAW Committee. Myanmar is in touch with the Secretariat of CEDAW regarding this matter.
Mr. President,
The Special Rapporteur alleges in his report that HIV/AIDS and Tuberculosis in Myanmar remains amongst the highest in Asia and Malaria is the leading cause of morbidity and mortality. As a matter of fact, the AIDS Epidemic Update published by UNAIDS and WHO in December 2006 stated that the epidemic might be diminishing. HIV levels have declined among pregnant women to 1.39 % in 2005 from 2.2 % in 2000 and WHO SEARO in its report HIV/ AIDS in South East Asia, March 2007 mentions that 0.33 million people in Myanmar are infected with the disease compared to India 5.2 million, Thailand 0.54 million and Indonesia 1.9 million.
As for prevalence of TB, according to World TB report 2006 by WHO, Myanmar had a prevalence rate of 180,000 per year whereas Thailand had 208,000, Bangladesh 435,000, Cambodia 709,000, India 312,000 and China 221,000 per year. It is indeed inaccurate to say that HIV/AIDS and TB in Myanmar remains amongst the highest in Asia.
With regard to Malaria, mortality and morbidity have significantly declined in comparison to the late 80’s. The morbidity rate in 1988 was 24.5/1000 and for mortality 10.4/100,000. In 2006 this came down for morbidity to 9.6/1000 and mortality 2.9/100,000. Malaria epidemic outbreak occurred 12 times in 1988 and in 2005 there had been only one outbreak.
Based on hard evidence, it could be seen that the three diseases situation in Myanmar is going through positive changes.
Myanmar is convinced that with concerted efforts of its partners from the UN agencies, the national and international NGO’s and active participation of the local communities, the country will attain higher level of health care in the years ahead.
Mr. President,
I wish to stress what I stated in the Second Session of the Human Rights Council in September last – Myanmar is not a nation in a situation of armed conflict. With the return to the legal fold of 17 out of 18 armed groups, the country is enjoying unprecedented peace and tranquillity since independence in 1948, creating favourable conditions for the country to develop in the social and economic sectors. We, therefore, reject the assertion that Myanmar is a country in armed conflict.
Only the KNU (Kayin National Union) and remnants of the former narco-trafficking armed groups are fighting the Government. In spite of this, the Government continues to extend the olive branch to the KNU. Recently, a KNU/KNLA Peace Council led by Commander Major-General Htay Maung came into the legal fold and has joined hands with the Government to develop their region.
We also reject the accusation that the armed forces targeted civilians in its counter-insurgency activities. Diplomats and media persons have been able to take a tour organized by the Government to Kayin State and Bago Division to enable them to see for themselves the acts of terror committed by the KNU insurgents and the damage and casualties inflicted on the lives and property of the local people as well as efforts made by the Government to maintain peace and security.
We will continue to do our utmost to achieve comprehensive peace in the entire country that will invariably contribute to regional peace and security.
Mr. President,
Myanmar consistently cooperates with the United Nations in the field of human rights by providing necessary information and responding to communications sought by the former Commission on Human Rights (now the Council) and its country and thematic rapporteurs.
Our desire to cooperate with the United Nations was clearly demonstrated by the acceptance of the visit of Mr. Ibrahim A. Gambari, Under-Secretary-General for Political Affairs of the United Nations two times, once in May and the second in November 2006. Both these visits were deemed successful by all concerned and opened up a new chapter in Myanmar’s relationship with the United Nations.
Mr. President,
Myanmar attaches great priority to fulfilling the right to development of its entire population. It has invested huge amount of resources in the development projects of rural as well as border areas and in massive construction of infrastructure such as roads, dams and power generation projects to bring a balanced development in all corners of the country and to boost agricultural production and ensure food security.
Mr. President,
Myanmar is fully aware of the need to improve and promote human rights. We are doing everything possible to this effect and will continue to do so. At the same time, we believe that human rights issues must be addressed with objectivity, respect for national sovereignty and territorial integrity and non-interference in the internal affairs of States. There should not be double standards nor politicization of human rights issues. Myanmar firmly believes that only genuine cooperation and constructive dialogue would best serve the promotion and protection of human rights.
I thank you Mr. President.