[Congressional Record Volume 141, Number 195 (Friday, December 8, 1995)]
[Senate]
[Pages S18268-S18272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                                 BURMA

  Mr. McCONNELL. Mr. President, last week, in yet another remarkable 
act of courage, Daw Aung San Suu Kyi announced her party, the National 
League for Democracy, will not participate in the constitutional 
convention called by the State Law and Order Restoration Council, 
SLORC.
  As many who have followed Burma in recent years know, remaining true 
to the people who elected her and the NLD in 1990, Suu Kyi declared,

       A country which is drawing up a constitution that will 
     decide the future of the state should have the confidence of 
     the people.

a standard SLORC clearly does not and cannot meet.
  In fact, SLORC has already stacked the constitutional deck against 
the NLD and Suu Kyi. Convention participants have been forced to accept 
guidelines that will preserve a leading role for the military in 
Burma's political life and would exclude anyone married to a foreigner 
from assuming the office of president. As we all know, this would 
prevent Suu Kyi from assuming the position she was elected in 1990 to 
fulfill since she is married to a British scholar.
  Mr. President, at the end of my comments, I will insert two articles 
which appeared on November 30 in the Washington Post and the New York 
Times regarding the current situation in Burma--there is no question 
that the decision to boycott has increased the level of tension in 
Rangoon. SLORC has now charged Suu Kyi and her supporters as engaging 
in confrontational politics, but, as Suu Kyi is quick to point out:

       What they have termed confrontational is that we have asked 
     for dialogue, which we want in order to prevent 
     confrontation. To silence the views of people whose opinions 
     are different by putting them in prison is far more 
     confrontational.

  Let me assure my colleagues that Suu Kyi's understanding of the 
deteriorating situation in Burma is not a lonely minority view. Last 
week the United Nations, once again, took up the question of Burma's 
political and human rights record. Once again, the Special Rapporteur, 
Dr. Yokota, issued a report which few may actually read, but it is a 
powerful voice for the thousands and thousands of Burmese citizens who 
continue to suffer at the hands of SLORC.

  Let me briefly tick off the observations made in the report.
  In describing the constitutional convention, Dr. Yokota noted that in 
spite of his efforts to meet privately with political leaders who still 
planned to participate in the process, SLORC would only permit visits 
supervised by SLORC officials. He stated in unequivocal terms, the 
National Convention ``is not heading toward restoration of democracy.''
  While the Special Rapporteur welcomed the release of Suu Kyi and 
three other senior officials, he criticized the continued imprisonment 
of several hundred political prisoners and the complex array of 
security laws allowing SLORC sweeping powers of arbitrary arrest and 
detention--authority that they continue to use--I might argue abuse--
weekly.
  Yokota also condemned the severity of court sentences without regard 
to fair trials, access to defense lawyers or any consideration of 
proportionality between offense and punishment. After sentencing, he 
drew attention to the fact that conditions in prisons are impossible to 
monitor because SLORC continues to stonewall the International Red 
Cross Committee and its request for access to detention sites.
  In his March 1995 report, Dr. Yokota confirmed that military 
officials have carried out arbitrary killings, rape, 

[[Page S 18269]]
torture, forced portage, forced labor, forced relocation, and 
confiscation of private property--each and every act a violation of 
international law. In this month's report he indicates that the pattern 
continues and as before, takes place most frequently in border areas 
where the Army is engaged in military operations or where regional 
development projects are taking place. He added:

       Many of the victims of such atrocious acts belong to ethnic 
     national populations, especially women, peasants, daily wage 
     earners and other peaceful civilians who do not have enough 
     money to avoid mistreatment by bribing officials.

  Dr. Yokota paints a grim portrait of Burma today--a picture which 
stands at odds with the one the international business community would 
have us see.
  A few months ago, in my office, I listened as the chairman of a large 
American oil company eager to do business with SLORC denounced as 
rumors and gossip the idea that the SLORC was engaged in any forced 
relocations related to his project. I respectfully suggest this month's 
U.N. report rises above the gossip standard.
  Mr. President, I share the concerns raised by the U.N. Rapporteur. 
Let me stress to my colleagues that he is not reporting on a situation 
that has changed for the better since Suu Kyi's release, but one which 
is growing progressively worse.
  Mr. President, I have taken the time to come to the floor to discuss 
these events because I am deeply disturbed by twin developments--a 
major campaign by American companies to enhance the political 
legitimacy of SLORC even as SLORC attempts to crush the fledgling 
democracy movement inside Burma.
  In recent weeks, many United States businesses have engaged in an 
aggressive campaign to persuade the public that SLORC is worth doing 
business with because like Vietnam and China, Burma can be improved 
through economic engagement.
  I think it is important to draw a key distinction. Unlike China and 
Vietnam, Burma held legitimate elections and chose a leader, Aung San 
Suu Kyi. The elections by all accounts were free, fair, and 7 million 
people made their views absolutely clear.
  I must confess, I was appalled by a recent study produced by the 
National Bureau for Asian Research which suggested these results were 
essentially irrelevant. The report said, Suu Kyi was:

       Obviously sincere, but it remains to be seen how successful 
     she will be in her attempts and whether her supporters are 
     helping her attain a position of leadership.

  Insult was added to injury when the report stated:

       Even assuming the time may come when she does have a say in 
     how the country is governed, it is an open question of how 
     well equipped she is for such responsibilities, and to what 
     extent she would be able to rely on experienced technocrats 
     and administrators.

  These assertions are outrageously offensive. To imply she is 
incapable of leading her nation offends every citizen who voted for her 
and more importantly stands in stark contrast to her record. Suu Kyi 
has conducted herself with dignity and courage uncommon in this 
century.

  The Burmese people voted--they, like Suu Kyi, have earned our respect 
and support. The fact that the results were rejected by a handful of 
ruthless, self serving generals does not undermine the validity of the 
elections or the outcome.
  When recently pressed by a representative of the U.N. Secretary 
General to engage in a dialog with Suu Kyi, SLORC officials dismissed 
the request point out, Suu Kyi was now:

       An ordinary citizen, that in 1990 there were as many as 230 
     political parties with which it would be impossible to 
     establish dialogue and it would thus not be even handed to 
     single out any one of them.

  Well, she is the one they elected.
  Two hundred and thirty political parties did not carry the 
elections--the National League for Democracy and Suu Kyi did. She has 
earned the right to negotiate a timetable for the restoration of 
democracy for her people. It is her right and our obligation as the 
beacon of democracy to support that effort.
  To make the argument that the United States should resign itself to 
dealing with SLORC to bring about change, compromises the very core of 
beliefs that define our history and guide this Nation.
  We do not yield to vicious dictators--we do not abandon those who 
strain against the barbed wire shackles of repression.
  It absolutely sickens me that any respectable academic organization--
for that matter any American company--would suggest that economic 
opportunity and political expediency should impel the United States to 
accept SLORC as the representatives of the Burmese people.
  It is not just the campaign that is being waged here at home to 
enhance SLORC's political credentials that has brought me to the floor 
of the Senate. I am also concerned about recent events in Burma.
  Not only has SLORC repeatedly and publicly rejected Suu Kyi's call 
for a dialog on national reconciliation, last week a senior official 
threatened to annihilate anyone who attempted to endanger the 
military's rule. This week, the noose tightened a little more and Suu 
Kyi was directly threatened. The official military newspaper called Suu 
Kyi a traitor who should be annihilated.
  Rhetoric has been matched by an increased willingness to restrict Suu 
Kyi's role. In October, the National Democracy League voted to 
reinstate Suu Kyi as General Secretary along with a slate of other 
officials. In yet another effort to work peacefully with SLORC, the NLD 
submitted the leadership list to the junta for approval.
  SLORC rejected the results as illegal and refused to recognize Suu 
Kyi's position. Is it any wonder her party has decided they cannot 
participate in the constitutional convention process?
  Last week--like every week since her release--thousands of people 
gathered outside Suu Kyi's home to listen to her speak. Each Saturday 
and Sunday spontaneous crowds have made the pilgrimage to her compound 
and left inspired by her courage, her confidence, and her commitment to 
their freedom and future. It is a crowd described in the U.N. report 
and in news accounts as large and peaceful with a sense of purpose and 
discipline.
  Unfortunately, 2 weeks ago, there was a sharp change in the SLORC's 
tolerance for these gatherings. In an apparent attempt to restrict 
access to Suu Kyi, police began to erect barricades around her home. I 
understand three young student supporters were arrested when they tried 
to intervene. According to Dr. Yokota's report, corroborated by 
newspaper stories, the three were charged and sentenced 2 days later to 
2 years imprisonment.
  These arrests were followed by another ominous development. When the 
NLD announced it would not participate in the constitutional 
convention, the party's senior officials woke up to find their homes 
surrounded by armed soldiers.
  Democracy activists are not suffering in Burma alone. Last week nine 
members of the New Era newspaper staff were detained in Thailand. The 
New Era is an underground newspaper with wide circulation inside 
Burma--apparently being caught with a copy results in immediate arrest. 
Bowing to pressure from SLORC, in anticipation of an upcoming visit by 
a senior junta official, Khin Nyunt, Thai officials apparently have 
detained the New Era journalists--including a 71-year-old editor and 
his 65-year-old wife.
  Reports from activists inside and outside Burma suggest a broad crack 
down on democratic activists is imminent. I hope this is not true and 
urge the administration to make clear United States opposition to any 
such actions. However, the evidence suggests there is credible reason 
to be concerned.
  It is clear that the fledgling democracy movement in Burma is under 
siege. I find the words of Suu Kyi's fellow democrat, NLD Vice Chairman 
U Tin O, chilling. On Wednesday night, after the boycott announcement, 
six soldiers surrounded his home and another soldier now follows him 
everywhere.
  A political prisoner for years, the 68-year-old vice chairman said 
with a wan smile, ``We have no worries at all. I have been in prison 
before. They can detain me, do whatever they want. This is not a 
democratic country. We have to face some costs for the legitimate 
rights of a democracy.''
  It is my hope he, Suu Kyi and the NLD will not bear the costs alone 
or for long.

[[Page S 18270]]

  Mr. President, in the near future the United Nations will take up a 
resolution regarding Burma. I have been advised that the United Nations 
will, once again, condemn the human rights and political situation in 
clear and compelling terms. I commend Ambassador Albright for her 
efforts to assure our support for Suu Kyi and democracy in Burma are 
spelled out in the resolution.
  However, for more than a year the administration has argued Burma and 
SLORC has a choice--they must immediately improve their human rights 
record and move promptly to open the political process or they will 
face further international isolation. I agree, but my definition of 
prompt and immediate seems to differ with theirs.
  I think we have given SLORC ample time to make a decision. Given 
recent events, it is clear they have no intention to relax their 
ruthless grip on power.
  So in conjunction with the U.N. resolution it is my intention to 
introduce bipartisan sanctions legislation. I encourage my colleagues 
to support this effort as I see no other way to support Suu Kyi and the 
restoration of democracy in Burma.
  There is no question that sanctions and further isolation of SLORC is 
an initiative she supports. Indeed, once again this week Suu Kyi 
denounced the increase in foreign investment and urged companies to 
wait until democracy has been restored before bringing business to 
Burma.
  Mr. President, I ask unanimous consent that the article, which 
included her remarks, be printed in the Record and that the Yokota 
report and Amnesty International report on the current situation be 
printed along with that.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                [From the New York Times, Nov. 30, 1995]

            Burmese Opposition To Boycott Junta's Convention

                           (By Philip Shenon)

       Rangoon, Burma.--Defying the military government, Aung San 
     Suu Kyi, the Burmese opposition leader, announced Wednesday 
     that her political party would boycott a military-run 
     convention to draw up a new constitution for Burma.
       The move was Mrs. Suu Kyi's most direct challenge to the 
     junta since she was freed in July after spending nearly six 
     years under house arrest.
       ``The people of Burma are very united in thinking that the 
     national convention is not heading toward democracy,'' the 
     Nobel Peace Prize winner said in announcing the boycott. ``I 
     do not think there is as yet any evidence that the people of 
     Burma support this national convention.''
       In a letter delivered Tuesday, the party informed the 
     government of its decision to boycott the convention, which 
     reopened this week after a seven-month recess, in protest 
     over the junta's refusal to open negotiations with the party 
     over Burma's political future.
       In a response published Wednesday in a government-run 
     newspaper, the junta accused the leaders of the party, the 
     National League for Democracy, of trying to disrupt the 
     national convention in hopes of replacing it ``with a 
     convention they would be able to dominate as they like.''
       The party's decision to boycott the constitutional 
     convention was ``totally forsaking and going against the 
     national interests,'' the military statement warned.
       The government also deployed uniformed soldiers to the 
     homes of three senior party members. The soldiers allowed 
     residents of the houses to come and go, but foreign diplomats 
     reported widespread rumors that a wing of Insein Prison, the 
     local penitentiary used to hold political prisoners, had been 
     cleared out in recent days to make space for many of Mrs. Suu 
     Kyi's followers.
       The boycott by Mrs. Suu Kyi and her party removes any 
     veneer of legitimacy from the convention, which was organized 
     by the military two years ago to enshrine its political role 
     in the Burmese government.
       The junta, which calls itself the State Law and Order 
     Restoration Council, has refused to honor the results of 
     elections in 1990 won overwhelmingly by the National League 
     for Democracy. Mrs. Suu Kyi, the Oxford-educated daughter of 
     Burma's independence hero, Gen. Aung San, was under house 
     arrest at the time of the voting.
       Since her release in July, Mrs. Suu Kyi has called 
     repeatedly for negotiations with the junta, saying she is 
     anxious to avoid any possibility of a repetition of the 
     violence that occurred in 1988, when thousands of her 
     supporters were gunned down in a military crackdown that led 
     to her house arrest the next year.
       ``We do not want to call the people onto the streets, and 
     we have no intention of calling the people into the 
     streets,'' she said at a news conference Wednesday in her 
     lakeside garden. ``We have always said that we are prepared 
     to have dialogue at any time.''
       But the generals have not responded to her pleas, pushing 
     ahead instead with a stage-managed constitutional convention 
     in which delegates, mostly handpicked by the military, are 
     drafting a constitution that guarantees the military a 
     permanent role in Burmese politics.
       As a result of her boycott, the 86 seats allotted to the 
     National League for Democracy were empty in the convention 
     hall Wednesday, the second day of the current session.
       ``The authorities did not at any time show any willingness 
     to talk to the National League for Democracy as the winning 
     party of the 1990 elections,'' Mrs. Suu Kyi said. ``They keep 
     saying that the national convention is a substitute for 
     dialogue. I do no think they can say that any longer.''
       Plainclothes soldiers have been stationed outside Mrs. Suu 
     Kyi's house since her release--and at her request, which is 
     seen by diplomats as a clever move since it allows Mrs. Suu 
     Kyi to blame the military if a public disturbance outside her 
     home should get out of hand.
       But there was no request by the party for the uniformed 
     soldiers who suddenly appeared outside the homes of three of 
     her senior party colleagues on Tuesday night, hours after the 
     National League for Democracy informed the government of its 
     boycott.
       Western diplomats said they feared that the junta might try 
     to arrest some of the party's senior members on charges of 
     inciting public disorder because of the boycott.
       The party's vice chairman and one of its founders, U Tin 
     Oo, said in an interview that six uniformed soldiers had 
     appeared outside his home Tuesday night, and that he had been 
     tailed by another soldier as he traveled through the city 
     Wednesday.
       ``But we have no worries at all,'' he insisted with a 
     confident smile. ``I have been in prison before. They can 
     detain me, do whatever they want. This is not a democratic 
     country. We have to face some costs for the restoration of 
     the legitimate rights of a democracy.''
                                                                    ____


               [From the Washington Post, Nov. 30, 1995]

       Burmese Opposition Leader Snubs Junta's Constitution Talks

                             (By Doug Fine)

       Rangoon, Burma.--Using the backdrop of a government-
     sponsored constitutional convention as a forum for stepping 
     up opposition to the country's military rules, Nobel Prize-
     winning opposition leader Aung San Suu Kyi said today that 
     Burma is not headed on the path of democracy.
       Four and half months after her release from house arrest by 
     the ruling State Law and Order Restoration Council, Aung San 
     Suu Kyi addresses increasingly large crowds each weekend 
     afternoon from the gate of her home near Rangoon University.
       But in a news conference and talk today at her fenced-in 
     compound, she revealed that her National League for 
     Democracy, which overwhelmingly won elections in 1990 that 
     the military refused to recognize, has notified government 
     officials that the party would not participate in the 
     constitutional deliberations. The military government hopes 
     the convention will legitimize its rule by forging an 
     ``enduring state constitution.''
       Insisting that the military first open a dialogue with her 
     party, which it has refused to do, Aung San Suu Kyi said, ``A 
     country which is drawing up a constitution that will decide 
     the future of a state should have the confidence of the 
     people.
       Her party's boycott has resulted in a palpable increase in 
     tension in Rangoon. Party leaders discovered security forces 
     stationed outside their homes when they awoke today, a day 
     after the convention opened.
       Despite the tense atmosphere and the chaotic presence at 
     her house of dozens of convention delegates barred from 
     attending the convention, Aung San Suu Kyi took time to 
     outline her views on democracy, the goal of her political 
     movement, which has taken on new life since her release.
       ``With 7 million votes for the party in 1990,'' she said, 
     ``the views of the people are very clear. They want a 
     constitution that will defend their basic rights.''
       Despite considerable corruption and a thriving black 
     market, Aung San Suu Kyi insisted that Burma is adequately 
     prepared for democracy and maintained that its absence is 
     responsible for the corruption.
       ``This country was a democracy once from independence in 
     1948 until a 1962 military coup, and our situation then was 
     very much better than it is now,'' she said. ``The Burmese 
     people are disciplined and receptive if you explain what is 
     wanted of them and why.''
       Aung San Suu Kyi was placed under house arrest in 1989, a 
     year after the military instituted a crackdown on her 
     supporters that resulted in thousands of deaths. Many of her 
     associates are still in prison. She won the Nobel Peace Prize 
     in 1991 for her democracy campaign. Since her release from 
     confinement in July, she has repeatedly called for 
     reconciliation and dialogue among democratic forces, ethnic 
     groups and her military foes.
       Reponding to the military's charges that her party's 
     methods are confrontational, Aung San Suu Kyi reacted 
     angrily. ``What they have termed `confrontational' is that we 
     have asked for a dialogue, which we want in order to prevent 
     confrontation. To silence the views of people whose opinions 
     are different by putting them in prison is far more 
     confrontational.
       Yet the move to boycott the constitutional convention is 
     likely to be viewed as a provocation by the regime, which 
     observers said 

[[Page S 18271]]
     could widen the gulf between government and opposition. The regime says 
     Burma will become a multi-party democracy after the new 
     constitution is drafted, but it has not provided a timetable.
       Aung San Suu Kyi, however, said the boycott was necessary. 
     ``They won't even talk to us,'' she said with a laugh. ``How 
     could the gulf be widened? It can only be narrowed.''
       As for the military's intentions in convening the 
     constitutional convention, one Western embassy official, 
     reflecting a widely held view, said, ``The path which seems 
     to be one chosen would lead to the drafting of a constitution 
     which calls for transition that ensures civilian rule on the 
     front end, with continued real authority being held 
     indefinitely by the military.''
       One of the guidelines for the proposed constitution 
     guarantees a ``leading role'' for the military in politics, 
     and another bans anyone married to a foreigner from assuming 
     the office of president. Aung San Suu Kyi is married to 
     Michael Aris, a British academic.
       She has continued to talk of compromise. ``We have always 
     said we want to talk over our differences to find an answer 
     that's acceptable to everyone,'' she said. ``We have never 
     closed any doors and are open to any discussions which might 
     result in what's best for Burma's people.''
       Aung San Suu Kyi insists that her party has no timetable 
     for transition to democracy, and she avoids being locked into 
     any one scenario by saying that the situation is so prone to 
     change.
       But Burma is very much at a crossroads now. After years of 
     sealed borders and international ostracism, the government is 
     actively seeking investment, tourism and political 
     legitimacy.
       Aung San Suu Kyi, who has been outspoken in urging foreign 
     investors to ``jolly well wait'' before bringing business 
     into the country, said, ``Luxury hotels do not mean a 
     developed Burma.''
       Her photogenic presence, Oxford education, revered 
     lineage--her father was the hero of Burma's independence--and 
     her absence from Burma during the 1970s and '80s, which 
     distanced her from factional infighting within the democrats' 
     diverse coalition, make her a magnet for Burma's 
     discontented.
       Encounters in Burma's remote interior confirm her 
     widespread support. A shop owner in Yaunghwe, in Shan State, 
     made sure the coast was clear and proudly showed off a T-
     shirt picturing Aung San Suu Kyi with her quote, ``Fear is a 
     habit. I am not afraid,'' on the back. A Buddhist monk in 
     Mandalay, flipping through an English guidebook, came across 
     her photo and exclaimed, ``Do you know who this is? Do you? 
     This is our national heroine.''
                                                                    ____


 Statement of Mr. Yozo Yokota, Special Rapporteur of the Commission on 
    Human Rights on the Situation of Human Rights in Myanmar to the 
                Fiftieth Session of the General Assembly

       Mr. President, I am here before you for the fourth time 
     since the creation of my mandate by the Commission on Human 
     Rights in March 1992. And, for the fourth time, I have the 
     duty to bring to your attention any progress made toward the 
     restoration of democracy and protection of human rights in 
     Myanmar.
       Mr. President, in the interim report which is brought 
     before your Assembly, I provided on the basis of the 
     information received a summary of allegations reported to 
     have occurred in Myanmar during this last year. This include; 
     summary executions, arbitrary detention, torture and forced 
     labour. On purpose, I did not draw any conclusions or 
     recommendations in my interim report. To do so, I found it 
     necessary, in accordance with Commission on Human Rights and 
     General Assembly resolutions, to establish or continue direct 
     contact with the Government and people of Myanmar in order to 
     verify the information received and to analyze its content. 
     To my regret, however, such direct contacts in the form of a 
     visit to Myanmar and Thailand were not possible before the 
     deadline for the submission of the interim report.
       Mr. President, at the invitation of the Government of 
     Myanmar by a letter of the Minister for Foreign Affairs dated 
     28 September 1995, I undertook a visit to the Union of 
     Myanmar from 8 to 17 October 1995. From 17 to 20 October 
     1995, I visited and met with some Myanmar ethnic minorities 
     in Thailand, along the Thai/Myanmar border, to ascertain the 
     situation of human rights within Myanmar for these ethnic 
     minorities namely: Karenni, Shan and Karen.
       While in Yangon, my office, accommodation and local 
     transport were provided by the UNDP Office in Myanmar, to 
     which I wish to express my deep gratitude.
       Mr. President, I wish to note with special gratitude that 
     the Government of Myanmar facilitated the visit, including 
     the travel within Myanmar to Kachin State in Myitkyina and 
     Eastern Shan State in Kyaingtone and to Myitkina and Insein 
     prisons, and extended me many courtesies.
       During this visit, I was received by a number of high-level 
     government officials including Lieutenant General Khin Nyunt, 
     Secretary One of the State Law and Order Restoration Council 
     (SLORC), the Deputy Minister of Foreign Affairs, the Chief 
     Justice, the Minister for Information, the Minister for 
     National Planning and Economic Development, the Minister for 
     Home Affairs and other high level authorities.
       During my stay in Yangon, I also had the opportunity to 
     meet twice with Dow Jung San Suu Kyi at her private home. 
     Former NLD Chairmen U Kyi Maung and U Tin Oo, the actual 
     Chairman and other NLD representatives were also present.
       During these meetings, I enjoyed a frank, open and lengthy 
     exchange of views which touched upon most issues of concern 
     for restoration of democracy and respect of human rights in 
     Myanmar. I was informed about the new composition of the 
     Executive Committee of the National League for Democracy 
     which is as follow: U Aung Shwe as Chairman; U Kyi Maung and 
     U Tin Oo as Deputy Chairmen, Daw Aung San Suu Kyi as General-
     Secretary and U Lwin as Secretary.
       According to NLD leaders only peace, public order and 
     dialogue may lead to democratization. Therefore, as a mature 
     political party, NLD does not want to return to the situation 
     which was prevailing in 1988 or to act in vengeance. As a 
     responsible political party, NLD is able to control its 
     supporters. Their only aim is to promote a genuine dialogue 
     with the Government of Myanmar.
       While in Myanmar, I also had the opportunity to see the 
     representatives of the three political parties participating 
     in the National Convention, namely, the Union Kayene League, 
     the National League for Democracy and the National Unity 
     Party. In spite of my strong and repeated requests to meet 
     with them in private at my office in the UNDP compound in 
     Yangon. I regret to say that, this year again, the meetings 
     with these political leaders were arranged to take place at a 
     Government guest house. The location and atmosphere were not 
     conducive to a free and unencumbered exchange of views.
       With regard to the detention of political prisoners, I must 
     express my disappointment that this year, despite a formal 
     written request before going to Myanmar and despite my 
     repeated requests while in Myanmar, I was not permitted to 
     see any such prisoner neither in Isein prison nor in Myitkina 
     Jail.
       With regard to the National Convention. I was not able to 
     observe its meetings because it was not in session when I 
     visited Myanmar this time. However, information from reliable 
     sources indicates that it is not heading towards restoration 
     of democracy, I am particularly disappointed to learn that 
     the Government has not yet distributed the Myanmar language 
     version of the Universal Declaration of Human Rights to all 
     delegates to the National Convention.
       At the completion of my visit to Myanmar, I proceeded from 
     17 to 20 October 1995, to Thailand, to visit displaced 
     persons from Myanmar in the area of Mae Hong Son and Mae 
     Sariang, where, I established or continued contact with the 
     people of Myanmar living in camps. Let me also take this 
     opportunity to express my deep gratitude to the Government of 
     Thailand who facilitated my visit to the camps.
       Mr. President, I now wish to summarize my observations on 
     the human rights situation in Myanmar on the basis of the 
     allegations received, my recent visit to that country and 
     Thailand and of the information received from various 
     sources, including the Government officials and people of 
     Myanmar, staff members of the United Nations and other 
     specialised agencies, staff members of active human rights 
     and humanitarian non-governmental organizations, foreign 
     government officials, journalists, scholars and students.
       Since there has been no time to study carefully the 
     information and documents collected during my visits to 
     Myanmar and Thailand, these observations will have to be 
     still preliminary in nature. The full account of my findings, 
     observations and recommendations will be reflected in my 
     final report to the Commission on Human Rights, which I 
     intend to submit at the beginning of next year.


                        preliminary observations

       First of all, there are some developments which may lead to 
     improvements in human rights situation in that country.
       a. The Government of Myanmar continued to release political 
     prisoners in 1995 although the exact number could not be 
     verified. I was particularly pleased to note that among these 
     released detainees were two prominent political party leaders 
     from the National League for Democracy, U Kyi Maung and U Tin 
     Oo, the latter of whom I met in Insein Prison in 1993 and 
     1994.
       I have also welcomed with great satisfaction the 
     announcement, made on 10 July 1995, that restrictions on Daw 
     Aung San Suu Kyi were lifted by the Government of Myanmar and 
     that she has been released. I am particularly pleased to note 
     that she was released without conditions and is now free to 
     meet with people and free to travel within the country.
       b. Since the release of Daw Aung San Suu Kyi, a crowd of 
     two to three thousand people is gathering every weekend, 
     Saturdays and Sundays, outside the gate of her residence to 
     hear what Daw Aung San Suu Kyi and other leaders say. During 
     my visit to Myanmar, I witnessed personally one of these 
     gatherings. The atmosphere was peaceful and the crowd of 
     supporters were disciplined. To my knowledge none of these 
     meetings had disorder. To my knowledge none of the supporters 
     was threatened or arrested for having attended such meetings.
       Yet, I have to state that last week, on Saturday 18 
     November among the crowd which gathered that day to listen to 
     Daw Aung San Suu Kyi's speech, I have been informed by 
     reliable sources that three NLD members were arrested for 
     having intervened with the police who was erecting barricades 
     in front of her house. According to the information 

[[Page S 18272]]
     received, the three persons were charged with assaulting a police 
     officer and were reportedly sentenced two days later to two 
     years imprisonment. Although I have no details of the trial 
     proceedings, it would appear that the accused could 
     not possibly mount an effective defense with regard to the 
     legal and factual basis for the arrest and incarceration 
     in such a short period of time.
       c. Cooperation with the Office of the United Nations High 
     Commissioner for Refugees (UNHCR) is continuing and more than 
     190,000 Myanmar refugees out of estimated total of about 
     250,000 have so far been repatriated from neighbouring 
     Bangladesh.
       d. The Government is expanding cooperation with various 
     other United Nations bodies and specialised agencies such as 
     UNDP, UNICEF and UNDCP. Year after year, the work of the 
     humanitarian non-governmental organizations is slowly 
     expanding. Now, these organisations are allowed to implement 
     programmes outside Yangon and able to reach out grass-root 
     people who suffer from shortage or lack of food, safe water, 
     medicine, medical care and proper education.
       e. In cities like Yangon, Myitkyina and Kyaningtone, I 
     observed that there were visible signs of relaxation of 
     tension in the life of the people. It seems that people 
     generally enjoy normal life. There were many consumer goods 
     in market places where many shoppers crowded. Physical 
     developments in the construction or improvement of roads, 
     bridges, buildings and railways are taking place throughout 
     the country and in some border areas. However, just as last 
     year, I was informed that only a small portion of the 
     population enjoy the improved life and the majority who were 
     poor rather suffered from higher prices of basic necessity 
     goods such as rice and medicine.
       f. On the particular question of forced labour, I was 
     informed during my recent mission to Myanmar that the SLORC 
     had issued a ``secret directive'' to discourage the practice 
     of forced labour. I am hopeful that this directive would be 
     implemented rigorously.
       g. As Special Rapporteur, I welcome the signature of 
     several cease-fire agreements between the Government of 
     Myanmar and different ethnic minorities. This is without 
     doubt a positive step towards peace. Needless to say, such 
     agreements should be faithfully respected by both parties.
       Mr. President, in spite of these developments. I have the 
     duty to state that there are still many restrictions on 
     fundamental freedoms and serious violations of human rights 
     continuing in Myanmar.
       a. As mentioned above, I welcome the recent release of a 
     number of political prisoners. However, I remain concerned 
     about the fact that there are still more than several hundred 
     persons imprisoned or detained for reasons of political 
     activities. I am also concerned about the prevalence of a 
     complex array of security laws which allow the Government 
     sweeping powers of arbitrary arrest and detention These laws 
     include the 1950 Emergency Provisions Act, the 1975 State 
     Protection Law, the 1962 Printers and Publishers Registration 
     Law, the 1923 Official Secrets Act and the 1908 Unlawful 
     Association Act.
       Various articles in these laws continue to be used in 
     combination to prosecute a number of individuals who were 
     exercising their rights to freedom of expression and 
     association. The combination of charges under these laws 
     included ones such as writing and distributing what were 
     described as ``illegal leaflets, spreading false information 
     injurious to the state'' and ``contact with illegal 
     organisations''. I understand that due to such laws and other 
     SLORC orders, the activities of the political parties, 
     particularly the NLD, are severely restricted.
       b. Severe court sentences for some political leaders have 
     been reported and confirmed. Information from reliable 
     sources indicates that there are problems in the field of the 
     administration of justice with regard to fair trials, free 
     access to defense lawyers, proportionality between the acts 
     committed and the punishment applied and time for careful 
     examination of the case by courts.
       c. The non-acceptance by Myanmar of ICRC's customary 
     procedures for visits for places of detention is a negative 
     step towards amelioration of their conditions.
       d. There are still cases of torture, arbitrary killings, 
     rapes, and confiscation of private property according to 
     testimony and evidence acquired by me. They seem to be taking 
     place most frequently in border areas by military soldiers in 
     the course of military operations, forced relocations and 
     development projects. Many of the victims of such atrocious 
     acts belong to ethnic national populations, especially women, 
     peasants, daily wage earners and other peaceful civilians who 
     do not have enough money to avoid mistreatment by bribing.
       e. I am gravely concerned at the continued reports of 
     forced porterage, forced labour, forced relocation which are 
     still occurring in border areas where the Army is engaged in 
     military operations or where ``regional development 
     projects'' are taking place.


                      preliminary recommendations

       a. As Special Rapporteur, I urge the Government of Myanmar 
     to sign and ratify the Covenants on Civil and Political 
     Rights and Economic, Social and Cultural Rights, the Optional 
     Protocol to the Covenant on Civil and Political Rights, as 
     well as the Convention Against Torture and Other Cruel, 
     Inhuman or Degrading Treatment or Punishment and the 
     Convention on the Elimination of All Forms of Discrimination 
     against Women.
       b. The Government of Myanmar should comply with the 
     obligations under the International Labour Organization (ILO) 
     Convention No. 29 prohibiting the practice of forced 
     portering and other forced labour.
       c. Myanmar law should be brought into line with accepted 
     international standards regarding protection of the physical 
     integrity rights. Among these international standards are the 
     right to life, prohibition of torture, providing humane 
     conditions for all persons under detention and insurance of 
     the minimum standards of judicial guarantees.
       d. The Government of Myanmar should take steps to 
     facilitate and guarantee enjoyment of the freedoms of 
     opinions, expression and association, in particular by 
     decriminalizing the expression of oppositional views, 
     relinquishing government control over the media and literary 
     and artistic community, and permitting the formation of 
     independently organized trade unions.
       e. All persons including elected political representatives, 
     students, workers, peasants, monks and others arrested or 
     detained under martial law after the 1988 and 1990 
     demonstrations or as a result of the National Convention, 
     should be tried by a properly constituted and independent 
     civilian court in an open and internationally accessible 
     judicial process. If found guilty in such judicial 
     proceedings, they should be given a just sentence; 
     alternatively, they should be immediately released and the 
     Government refrain from all acts of intimidation, threats or 
     reprisals against them or their families.
       f. As Special Rapporteur. I recommend the Government of 
     Myanmar to repeal or amend as appropriate the relevant 
     provisions which at present prevent the ICRC from carrying 
     out its humanitarian activities as regards the prison visits. 
     In this regard, I encourage the Government of Myanmar, in a 
     spirit of humanitarian goodwill, to re-invite the presence in 
     Myanmar of the International Committee of the Red Cross in 
     order to carry out their purely humanitarian tasks.
       g. The Government of Myanmar should publicize the ``secret 
     directive'' which discourage the practice of forced labour. 
     This will indicate and the will of the Government of Myanmar 
     to effectively prohibit and suppress forced labour. Moreover, 
     wide dissemination of the existence of the directive would 
     promote awareness that forced labour is neither condoned nor 
     tolerated.
       h. The Government of Myanmar should without delay resume 
     its dialogue with Daw Aung San Suu Kyi.
       i. As Special Rapporteur. I call upon the Government of 
     Myanmar to resolve peacefully its difficulties with ethnic 
     minorities and to take all appropriate measures to ensure 
     respect for human rights and humanitarian obligations in the 
     situation of armed conflicts between the Myanmar Army and the 
     armed ethnic groups.
       j. The Government of Myanmar should distribute copies of 
     the Universal Declaration of Human Rights in Myanmar language 
     to all delegates to National Convention which is to be 
     reconvened tomorrow. 28 November 1995. Such action would 
     indicate to the international community the willingness of 
     the Government to bring the relevant provisions of the 
     domestic laws, in particular the new Constitution to be 
     eventually enacted into conformity with international human 
     rights standards.
       Mr. President, I have analyzed these allegations and have 
     made some recommendations strictly in terms of the 
     international human rights obligations which Myanmar has 
     freely undertaken. I am particularly thinking of the fact 
     that Myanmar is a Member of the United Nations and is 
     therefore bound to respect the human rights standards 
     emanating from the United Nations Charter. I believe the 
     Government of Myanmar should, and has the ability, to fulfill 
     in good faith the obligations it has assumed.

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