A/HRC/16/59
40.
On 2 October 2008, the Special Rapporteur on the right to freedom of opinion and
expression, the Special Rapporteur on the situation of human rights defenders, the Special
Rapporteur on violence against women and the Chairperson-Rapporteur of the Working
Group on Arbitrary Detention issued a joint urgent appeal regarding the measures taken to
guarantee the rights of Nilar Thein not to be deprived arbitrarily of her liberty, to fair
proceedings before an independent and impartial tribunal, to freedom of opinion and
expression, and to peaceful assembly. No response was received from the Government.
41.
The Special Rapporteur expresses particular concern about the condition of women
in prison, which in numerous cases appears to be in contravention to international
standards. On 15 October 2010 the General Assembly adopted the United Nations Rules for
the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (the
Bangkok Rules). According to the rules, women prisoners should be “allocated, to the
extent possible, to prisons close to their homes”, (rule 4) and their “contact with their
families, including their children, their children’s guardians and legal representatives shall
be encouraged and facilitated by all reasonable means” (rule 26). Rule 23 explicitly states:
“Disciplinary sanctions for women prisoners shall not include a prohibition of family
contact, especially with children.”
B.
Ethnic minorities and border situation
42.
The situation in the border areas is of great concern to the Special Rapporteur.
Fighting erupted on 8 November 2010 after a faction of the Democratic Karen Buddhist
Army took key military positions in Myawaddy, forcing up to 20,000 refugees across the
border into neighbouring Thailand. Fighting also occurred further south in Payathonzu
(Three Pagodas Pass), forcing additional refugees across the border into Thailand. Some of
these refugees returned after the military resumed its positions, while others appear to have
gone into hiding or have been forced by the insecure conditions to move back and forth
across the border several times. The insecurity constitutes a humanitarian emergency and
increases the vulnerability of these populations to violations of their human rights.
43.
On 7 October 2010, the Special Rapporteur, along with the Special Rapporteur on
the human rights of migrants and the Special Rapporteur on the question of torture, issued a
joint allegation letter to the Government regarding serious violations of human rights
committed at the Thai-Myanmar border against migrants who were deported to Myanmar
from Thailand. These alleged violations include extortion of money from migrant workers
for their release, girls being sold to brothels or brokers, and boys being conscripted. While
the perpetrators appear to be third parties, the Government is obliged to protect individuals
within its territory from violations of their human rights. The Government responded on 8
November 2010, noting that Myanmar had acceded to the United Nations Convention
against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, and had enacted the AntiTrafficking in Persons Act in 2005. The Government replied that it had consistently taken
all necessary measures to combat human trafficking and had undertaken systematic
investigations and prosecution of perpetrators—since 2005, 469 human trafficking cases
had been identified, 1,690 offenders prosecuted and 1,344 victims rescued and assisted.
44.
The Special Rapporteur commends the Government’s overall efforts in combating
human trafficking. Nevertheless, he would appreciate more detailed information about the
reports of the specific allegations of human rights violations at the Ranong-Kawthaung
checkpoint and Gates 10 and 16 near Mae Sot. The Special Rapporteur believes that the
various push factors for irregular migrants from Myanmar are at the root of the problem and
require more comprehensive solutions. While armed conflict remains a main reason for
flight, other factors, including a deprivation of economic, social and cultural rights, lead to
10
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents