United Nations
General Assembly
Distr. GENERAL
23 December 1994
ORIGINAL:
ENGLISH
A/RES/49/197
ENGLISH
A/RES/49/197
A/RES/49/197
94th plenary meeting
23 December 1994
49/197. Situation of human rights in Myanmar
The General Assembly,
Reaffirming that all Member States have an obligation to promote and
protect human rights and fundamental freedoms as stated in the Charter of the
United Nations and elaborated in the Universal Declaration of Human Rights,
the International Covenants on Human Rights and other applicable human rights
instruments,
Aware that, in accordance with the Charter, the Organization promotes
and encourages respect for human rights and fundamental freedoms for all and
that the Universal Declaration of Human Rights states that "the will of the
people shall be the basis of the authority of government",
Recalling its resolution 48/150 of 20 December 1993,
Recalling also Commission on Human Rights resolution 1992/58 of 3 March
1992, in which the Commission, inter alia, decided to nominate a special
rapporteur to establish direct contacts with the Government and with the
people of Myanmar, including political leaders deprived of their liberty,
their families and their lawyers, with a view to examining the situation of
human rights in Myanmar and following any progress made towards the transfer
of power to a civilian Government and the drafting of a new constitution, the
lifting of restrictions on personal freedoms and the restoration of human
rights in Myanmar,
Taking note of Commission on Human Rights resolution 1994/85 of 9 March
1994, in which the Commission decided to extend for one year the mandate of
the Special Rapporteur,
Gravely concerned that the Government of Myanmar still has not
implemented its commitments to take all necessary steps towards democracy in
the light of the results of the elections held in 1990,
Gravely concerned also at the continued violations of human rights in
Myanmar, as reported by the Special Rapporteur, in particular summary and
arbitrary executions, torture, forced labour and forced relocations, abuse of
women, politically motivated arrests and detentions, restrictions on
fundamental freedoms, including the freedom of expression and assembly, and
the imposition of oppressive measures directed in particular at ethnic and
religious minorities,
Noting that the human rights situation in Myanmar has consequently
resulted in flows of refugees to neighbouring countries, thus creating
problems for the countries concerned,
Noting also the measures taken by the Government of Myanmar, including
its accession to the Geneva Conventions of 12 August 1949 for the protection
of victims of war, the conclusion of cease-fire agreements with several groups
of ethnic and religious minorities in Myanmar, the withdrawal of its
reservations to the Convention on the Rights of the Child and the release of a
number of political prisoners in response to the concerns expressed by the
international community, including the General Assembly and the Commission on
Human Rights,
Welcoming the cooperation between the Government of Myanmar and the
Office of the United Nations High Commissioner for Refugees on the voluntary
repatriation of refugees from Bangladesh to Myanmar,
1. Expresses its appreciation to the Special Rapporteur of the
Commission on Human Rights for his interim report;
2. Also expresses its appreciation to the Secretary-General for his
report;
3. Deplores the continued violations of human rights in Myanmar;
4. Repeats its call on the Government of Myanmar to release
unconditionally and immediately the Nobel Peace Prize Laureate Aung San Suu
Kyi, who is now in her sixth year of detention without trial, and other
political leaders and remaining political prisoners;
5. Welcomes the recent meetings between the Government of Myanmar and
Nobel Peace Prize Laureate Aung San Suu Kyi, and encourages the Government of
Myanmar to engage in a substantive political dialogue with Aung San Suu Kyi
and other political leaders, including representatives from ethnic groups, as
the best means of promoting national reconciliation and the full and early
restoration of democracy;
6. Also welcomes the recent discussions between the Government of
Myanmar and the Secretary-General, and further encourages the Government of
Myanmar to continue to cooperate fully with the Secretary-General;
7. Again urges the Government of Myanmar, in conformity with its
assurances given at various times, to take all necessary steps towards the
restoration of democracy in accordance with the will of the people as
expressed in the democratic elections held in 1990 and to ensure that
political parties can function freely;
8. Notes with concern that most of the representatives duly elected
in 1990 are still excluded from participating in the meetings of the National
Convention, created to prepare basic elements for the drafting of a new
constitution, and that one of its objectives is to maintain the participation
of the armed forces in a leading role in the future political life of the
State, and notes also that there is as yet no process or timetable for
concluding the National Convention;
9. Strongly urges the Government of Myanmar to take all appropriate
measures to allow all citizens to participate freely in the political process
in accordance with the principles of the Universal Declaration of Human Rights
and to accelerate the process of transition to democracy, in particular
through the transfer of power to democratically elected representatives;
10. Urges the Government of Myanmar to ensure full respect for human
rights and fundamental freedoms, including freedom of expression and assembly,
and the protection of the rights of persons belonging to ethnic and religious
minorities, and to put an end to violations of the right to life and integrity
of the human being, to the practices of torture, abuse of women, forced labour
and forced relocations, and to enforced disappearances and summary executions;
11. Appeals to the Government of Myanmar to consider becoming a party
to the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights and to the
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment;
12. Urges the Government of Myanmar to fulfil its obligations as a
State party to the Forced Labour Convention, 1930 (No. 29) and to the Freedom
of Association and Protection of the Right to Organize Convention, 1948 (No.
87) of the International Labour Organization;
13. Stresses the importance for the Government of Myanmar to give
particular attention to conditions in the country's jails and to allow the
International Committee of the Red Cross to communicate freely and
confidentially with prisoners;
14. Regrets the recent harsh sentences meted out to a number of
dissidents, including persons voicing dissent with regard to the procedures of
the National Convention and persons sentenced, inter alia, for seeking to
communicate with the Special Rapporteur;
15. Also regrets that, while a certain number of political prisoners
have been released, many political leaders are still deprived of their freedom
and their fundamental rights;
16. Calls upon the Government of Myanmar to respect fully the
obligations of the Geneva Conventions of 12 August 1949, in particular the
obligations in article 3 common to the Conventions, and to make use of such
services as may be offered by impartial humanitarian bodies;
17. Expresses its concern at the attack by Myanmar army soldiers on
the civilian refugee camp at Halockhani on 21 July 1994;
18. Encourages the Government of Myanmar to create the necessary
conditions to ensure an end to the flows of refugees to neighbouring countries
and to facilitate their speedy repatriation and their full reintegration, in
conditions of safety and dignity;
19. Requests the Secretary-General to continue his discussions with
the Government of Myanmar in order to assist in the implementation of the
present resolution and in its efforts to achieve national reconciliation, and
to report to the General Assembly at its fiftieth session and to the
Commission on Human Rights at its fifty-first session;
20. Decides to continue its consideration of this question at its
fiftieth session.
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