Press Conference by Special Rapporteur on Human Rights in Myanmar

The human rights situation in Myanmar remained alarming, with a pattern of widespread and systematic violations that prevailing impunity allowed to continue, the Special Rapporteur on the situation of human rights in Myanmar said today.

During a Headquarters press conference today, Tomás Ojea Quintana described the findings and recommendations on a range of critical human rights issues in Myanmar.  Mandated by the Human Rights Council, Special Rapporteurs are independent, but work under the auspices of the United Nations.

Mr. Quintana noted that his report to the Assembly’s Third Committee (Social, Humanitarian and Cultural) addressed the continued detention of Aung San Suu Kyi and other prisoners of conscience, fair trial and detention conditions, issues of free assembly and association, as well as situation of civilians affected by armed conflict in some areas of the country.  (See Press Release GA/SHC/3957.)

He opened the press conference with the issue of national elections, which are scheduled for next year.  He had told the Myanmar Government that the elections should be fair and transparent and that freedom of speech and freedom of association should be guaranteed.  All prisoners of conscience had to be released prior to the elections.

In general terms, it was his assessment that the human rights situation in Myanmar remained alarming.  He had urged the Government to take prompt measures to establish accountability and responsibility regarding widespread and systematic human rights violations.  Referring to starvation and reports of dire socio-economic conditions in many parts of the country, he had also asked the Government and the international community to find solutions to eradicate poverty.

Mr. Quintana went on to outline his recommendations to the Government, which concerned:  the release of all prisoners of conscience; review and reform of national legislation, which was not in compliance with international human rights standards; reform of the judiciary to assure independence and impartiality; and reform of the military, which needed to respect international humanitarian law in conflict areas, as well as the rights of civilians.

Asked about the Secretary-General’s efforts in Myanmar, he said that there was wide concern about the fact that there had been little progress in ensuring respect of human rights in the country.  He believed in continuing to engage the Government, and the Secretary-General’s decision to do that was positive.  In his opinion, the Secretary-General’s first mission to Myanmar was very positive in terms of recovery after Cyclone Nargis.  Following that visit, the Government had decided to establish a tripartite core group with the Association of South-East Asian Nations (ASEAN) and the United Nations, which had dealt with the situation very efficiently.

Describing his visits to Myanmar in response to several questions, he said that he had undertaken his first mission in August 2008, soon after he had received his mandate.  His second mission had taken place in February.  The report presented to the Third Committee today was the second such survey, the first one having been presented to the Security Council earlier in 2009.  During his visits, he had met with several prisoners of conscience in private, with his own United Nations interpreter.  He had also requested meetings with Ms. Aung San Suu Kyi, but the Government had not granted those requests.

He added that the Government had recently agreed to his third mission to the country, from 22 to 27 November.  The itinerary of the visit would depend on the agenda agreed with the Government, but one of the issues of interest to him related to serious human rights violations with regard to the country’s Muslim communities.

To a related question, he described a recent ruling by Myanmar’s Supreme Court with regard to the situation of Muslims and their right to marry each other. That positive development had been included in his report.

Asked to comment on reports that provision of food aid in Myanmar was conditional on work, he said that he had not mentioned that in his report because he had not had any reliable evidence on that point.  But his report did contain information on food assistance.  For example, he had spoken about the tripartite core group, which had effectively addressed the situation after Cyclone Nargis. In that case, all the aid had reached the people concerned.

Responding to several questions on corporate interests in Myanmar, he said such matters fell outside his mandate. The United Nations system had a Special Rapporteur who dealt with relationship between business and human rights. Among other things, that official was setting up a number of principles on how companies should act with respect to human rights.

When a report asked what were the chances that Myanmar would act on any of Mr. Quintana’s recommendations, he admitted he was concerned about that, but added that he could not predict the future.  He had to continue working to get results. It was very important for him to visit the country and have meetings with the authorities concerned.  Working on the judiciary, he had met with the Attorney-General, with whom he had frankly discussed the question of independence.  It was also significant that during his last visit, the Chief Justice had accepted a mission by the Special Rapporteur on independence of judges and lawyers, which had initially been denied by the Government.

On sanctions against Myanmar, he said that it was a very important question, which was addressed in all his discussions with the Government.  In his opinion, in some cases, the sanctions affected not the Government, but the population.  It was important to carefully consider what kind of measures could put real pressure on the regime for the improvement of human rights.

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For information media • not an official record