Yangon, 21 July 2017
Thank you for the
opportunity to address you again this evening. I would like to start by
expressing my sympathies to Myanmar at the damage recently caused by the
Cyclone Mora, particularly in Rakhine and Chin States and Ayeyarwaddy Division.
I understand the rebuilding effort is underway and hope the needs of all
affected people can be addressed soon.
As you know I have
just completed my 12-day visit to Myanmar. I would like to thank the Government
as well as the United Nations Resident Coordinator for facilitating it. I have
been to Yangon and Nay Pyi Taw as well as parts of Rakhine, Shan and Kayin
States. In Rakhine, I went to Kyaukphyu, Sittwe, Buthidaung and Maungdaw. In
Shan State, I was only able to visit Lashio; and in Kayin State, only Hpa-an.
In Nay Pyi Taw, I met with the State Counsellor as well as other Government
ministers and officials. I was not able to meet the Commander-in-Chief and
representatives from the ministries for Defence, Home Affairs, Transport and
Communication, and Religious Affairs and Culture. I also met with the Attorney
General, as well as Governmental, Parliamentary, and statutory bodies.
In the past, I have
acknowledged the good cooperation extended to me by the Myanmar Government for
my visits to the country. And on a few occasion mentioned some difficulties of
access. This time I want to speak a bit more on the issue of access
particularly in light of the Government’s recent decision to deny visas to the
UN Fact-Finding Mission as well as a new condition that the Government tried to
impose on me for this visit.
Let me first remind
that two recommendations from my last report were for a Special Session of the
Human Rights Council on the situation in the north of the country, specifically
Kachin and Shan States; and for a Commission of Inquiry on the situation in
Rakhine State. In its March resolution, the Human Rights Council extended my
mandate for one more year while at the same time established the mandate of the
Fact-Finding Mission.
Now these are two
separate independent mandates. I am here concluding my visit to the country
today as part of the mandate of the Special Rapporteur on the situation of
human rights in Myanmar which was in fact first established in 1992 by the UN
Commission on Human Rights.
Yet I was astonished
when I was asked by the Government to give an assurance that I will not
undertake any activities that are to do with the Fact-Finding Mission while
conducting my visit. The Government delayed confirming the dates of my visit
expecting me to give such an assurance which I found to be an affront to the
independence of my mandate as Special Rapporteur.
The delay of the
Government in confirming the dates of my visit also meant delay in confirming
the places that I would be permitted to go. Usually, and this was the case this
time, in order to maximise the limited time I have in the country, I would
propose alternative options to the places I had been denied. Yet the Government
would often, which was also the case here, use the excuse of short notice to
not entertain any new proposals, in addition to reasons of security.
As well as
increasing restrictions on my access, individuals who meet with me continue to
face intimidation, including being photographed, questioned before and after
meetings and in one case even followed. This is unacceptable.
This is my third
visit under the new Government and I have to say I am disappointed to see the
tactics applied by the previous Government still being used. I understand the
new Government wishes to normalise its relations with the United Nations,
including not having special mechanisms attached to it. Before these “special
mechanisms” can be dismantled, Myanmar must first transition into a country
that deserves less attention and scrutiny.
Just as we are told
not to expect Myanmar to transition into a democracy overnight – that it needs
time and space, Myanmar should also not expect to have special mechanisms
dismantled overnight – not until there are real and discernible progress in the
human rights situation.
I will not at this
time go into detail on the substance or issues that I looked into during my
visit and will elaborate on them in my report to the General Assembly. But, for
now, let me give you a brief overview.
I was particularly
dismayed to learn that the situation in northern Shan is deteriorating. During
my visit, I was not allowed to go to any of the places I had sought to visit
beyond Lashio. I understand this applies to other international actors whose
access to other areas is decreasing month on month. One of my requests was to
visit Hsipaw Prison where the three journalists detained and charged under the
Unlawful Associations Act are being held. However, despite Hsipaw being a
tourist destination and frequented by foreigners, I was not allowed to go
there.
In Lashio, I met
representatives of the Shan State Government as well as civil society actors. I
am concerned to hear from groups working on the ground they see more conflict,
more cases of alleged human rights violations by different parties to the
conflict and inadequate assistance for civilians. There have been numerous
reports of killings, torture, even the use of human shields by the Tatmadaw,
allegedly in some cases accompanied by threats of further violence if incidents
are reported. In a few cases civilians,
who are accused as collaborators or supporters of an ethnic armed group, are
reportedly even forced to wear the uniform of that EAG before being subjected
to ill treatment and torture.
I welcome
information on the recent release of 67 children and young people from the
Tatmadaw in June. However, there is also a reported increase in forced
recruitment and abductions by the several Ethnic Armed Groups operating in the
region as well as various militias. Civilians are caught between parties to the
conflict facing abuses, risks from mines and clashes while less able to access
assistance. While I was not able to visit this time, I understand the situation
in Kachin State is also extremely serious, with no access for the UN to
non-government controlled areas for over a year and concerning developments in
Tanai township.
As you may know, my
first site visit was to Kyaukphyu in Rakhine State. This was as part of my
focus on business and human rights, particularly on the three Special Economic
Zones – Kyaukphyu as well as Dawei and Thilawa. I met members of civil society
working in this area and community members including farmers and fishers who
were affected by these SEZs as well as past and ongoing mega-projects including
on the Madei Island. These communities relayed experiences of land confiscation
with little or no consultation or compensation, with efforts to seek redress
often gone unanswered. Similar stories were to be repeated during my visits to
other areas, showing this to be a truly nationwide problem.
In respect of
Rakhine, I also sought to see progress on the Government’s implementation of
the Rakhine Advisory Commission’s interim recommendations particularly the
recommendation on the closure of three camps affecting three different
communities. I was able to meet Kaman leaders as well as the displaced community
members who were offered to move to Yangon instead of returning to their place
of origin as recommended. I also visited Pyin Phyu Maw village where the
displaced Rakhine community members were resettled from Ka Nyin Taw and met a
few of them who also expressed their initial desire to return to their place of
origin. I was however unable to meet the Rohingya community who still remain
displaced in Kyein Ni Pyin camp. I am worried that these different and
non-uniform re-settlement practices so far offer little prospect of a durable
solution for the estimated 120,000 long-term IDPs still living in camps. On birth registration, I was informed of
efforts to improve this in line with a recommendation from the Commission and
welcome the issuance of over 20,000 birth certificates in Rakhine State.
The general
situation for the Rohingya has hardly improved since my last visit in January
and has become further complicated in the north of Rakhine. I continue to
receive reports of violations allegedly committed by security forces during
operations. There also appear to be incidents of Rohingya being targeted by
unknown assailants for applying to be verified as a citizen, as well as village
administrators and other Muslims targeted for being collaborators for working
with the authorities – leaving many Rohingya civilians terrified, and often
caught between violence on both sides.
I note that
officials at the State as well as Union level have stated that their duty to
provide protection and security extends to not only the Rakhine but also the
Muslim communities. Concrete actions including investigating all alleged
violations must be undertaken. At the same time steps must be immediately taken
to end discriminatory practices and restoring freedom of movement.
Members of the
Rakhine community expressed to me their sadness at the current situation, their
belief that the problems were caused by hardliners in both communities or even
the Government and asked for the international community to be reminded that
the Rakhine community as a whole should not be judged for the actions of its
most extreme members. Similarly, the Kaman Muslims I met in Kyauk Ta Lone IDP
camp stated that they have no problems with the Rakhine community living in
Kyaukphyu town; however, they were being kept separated. I was saddened to
learn that the IDPs were told that they would only stay in the camp for 3 days.
The 3 days have turned into 5 long years.
I met a number of
detainees in Buthidaung Prison arrested and charged in relation to the 9
October attacks – most of whom do not appear to have legal representation, do
not fully understand the charges against them and are unable to put up a proper
defence. I am particularly concerned by the detention of under-age individuals
in general as well as specifically related to the 9 October attacks, and
reported deaths in custody. Humanitarian access remains conditional, impeding
the work of humanitarian actors in making the required assessment and
delivering the necessary assistance and services. Moreover, it is also equally
important that there is access for human rights monitoring and protection
activities.
In Kayin State, I
was not allowed to visit other places besides Hpa-an. Visiting the state for
the first time, I met civil society groups working with communities across the
state affected by land confiscation without due consultation and compensation
as well as forced evictions. I was shocked to hear that in some cases farmers
must still pay tax on land which was confiscated from them and in some other
cases they are given the offer to buy back their own land at an inflated rate.
I heard that domestic violence and violence against children is increasing both
here and in other areas of the country with relevant ministries lacking the financial
and human resources to roll out assistance projects across the country. Many of
the tens of thousands of individuals displaced in the Thai-Myanmar border area
are reportedly still afraid to return due to landmines and militarisation but
face an increasingly precarious situation with assistance being reduced where
they are now.
I also wanted to
visit the Myaing Ka Lay cement factory area, but was denied, on the basis of
the usual security issues. However, to my surprise, on the road from Hpa-an to
Yangon, the cement factory was very visible, permitting me to see from afar the
site which produces 4,000 tonnes of cement per day.
Concerns related to
civil documentation were heard from communities living in several areas. I
heard testimonies that obtaining identity cards in Kayin State is time
consuming and frequently requires a bribe to speed up the process. I heard that
in Kyaukphyu, the slow citizenship verification process is confining Kaman
Muslims family members to Kyauk Ta Lone camp while their Buddhist family
members have freedom to choose where to live. I also heard that in the north of
Rakhine, the NVCs are being imposed on the Rohingya community in order to fish,
get food assistance, have a job when the citizenship verification exercise is
meant to be a voluntary one.
I also obtained
updates on the worrying increase in prosecutions under Section 66(d) of the
Telecommunications Act and ongoing efforts to amend the law as well as on the
status of other laws that I have been following.
I will give more
detail on these and other issues in my report to the UN General Assembly which
I will present in October.
I recognise that for
many individuals, albeit perhaps not many of those with whom I have spoken,
there have been improvements. I welcome the clear commitment from some
ministries such as the Ministry of Education that is making extensive efforts
to improve access to quality schooling across the country. The Ministry of Health’s efforts in extending
vaccination coverage are also to be commended as well as the Ministry of Natural
Resources and Environmental Conservations’ clear desire to tackle complex
challenges in the resource sector.
In other, perhaps
more sensitive areas, I sincerely hope that an equally strong commitment will
become clear in the next few months that can be reflected in my report to the
UN General Assembly – such as demonstrable steps towards humanitarian access
being fully restored, towards preventing violations and assisting victims,
towards the full implementation of the interim recommendations of the Rakhine
State Advisory Commission and towards instituting systematic and genuine
consultation as well as adequate compensation for those impacted by all new and
continuing development projects in line with international standards.
I would also like to
appeal to ASEAN to take a “non-indifference” stance to assist Myanmar in its
journey to full transformation to a fully democratic society.
As ever, I stand
ready to help in any way I can, to make Myanmar the rights respecting country I
know it can be — to make Myanmar a country where the rights of all people are
respected, upheld, and protected.
Thank you!
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