Resource information
Summary:
"...
In the past two years, the reform process proposed in the “seven-point road map
for national reconciliation and democratic transition”, which was meant to become
eventually open to various relevant actors, has been strictly limited and delineated.
As a result, the political space has been redefined in narrower terms. In addition,
obstructions in the past couple of years have held back the pace and inclusive nature
of the reforms which were required for democratization. The work of the National
Convention has been adversely affected by this evolution.
Through the decades, the space for the establishment of civilian and democratic
institutions has been seriously curtailed. The capacity of law enforcement institutions
and the independence and impartiality of the judiciary have been hampered by
sustained practices of impunity. This situation has contributed to reinforce inequality
and increased the gap between the poorest and the richest.
On 27 May 2006, the house arrest of Aung Sang Suu Kyi was further prolonged
by 12 months in spite of various international appeals, including by the Secretary-
General of the United Nations. As at the end of August 2006, the number of political
prisoners was estimated at 1,185. From April to July 2006, 1,038 members of the
National League for Democracy were reportedly forced to resign from the party
following intimidation and threats. The Special Rapporteur has consistently indicated
that national reconciliation requires meaningful and inclusive dialogue with and
between political representatives. He firmly believes that the national reconciliation
and the stability of Myanmar are not well served by the arrest and detention of
several political leaders or by the severe and sustained restrictions on fundamental
freedoms.
The persecution of members of political parties in the opposition and human
rights defenders shows that nowadays the road map for democracy faces too many
obstacles to bring a genuine transition. In the past, the Special Rapporteur
acknowledged that the road map could play a positive role in the political transition.
Sadly, the positive momentum in the early years of his mandate is apparently stalled.
The Special Rapporteur remains particularly concerned about the continuing
impunity, which has become systematic and must be urgently addressed by the
Government of Myanmar. It has become increasingly clear that the persistent
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impunity does not only stem from a lack of institutional capacity. Impunity has
allowed accountability to be avoided for acts that have oppressed voices questioning
existing policies and practices. Several individuals and groups responsible for
committing serious violations of human rights, in particular members of the military,
have not been prosecuted. There is also little evidence that these serious crimes have
been investigated by relevant authorities.
Grave human rights violations are received among the established structures of
the State Peace and Development Council and indulged not only with impunity but
authorized by the sanction of laws. In that respect, the Special Rapporteur is also
very concerned by the continued misuse of the legal system, which denies the rule of
law and represents a major obstacle for securing the effective and meaningful
exercise of fundamental freedoms by citizens. He considers especially as a matter of
grave concern the criminalization of the exercise of fundamental freedoms by
political opponents, human rights defenders and victims of human rights abuses.
The Special Rapporteur is very concerned by the ongoing military campaign in
ethnic areas of eastern Myanmar and by its effects on human rights, especially on
civilians who have been targeted during the attacks. The situation should be
considered in connection with the widespread practice of land confiscation
throughout the country, seemingly aiming to anchor military control, especially in
ethnic areas. Such a practice has led to numerous forced evictions, relocations and
resettlements, situations of forced migration and internal displacement. Given the
scale of the current military campaign, the situation may lead to a humanitarian crisis
if it is not addressed immediately.
The Special Rapporteur takes note of the recent vote of the Security Council on
15 September 2006 to include Myanmar in its agenda. He believes that a
forthcoming debate of the Council on Myanmar may offer an opportunity to speed up
the process of transition towards democracy."....N.B. CORR. I
