A/HRC/10/19
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53. In this regard, it is of utmost importance that the election law be introduced publicly as
soon as possible.
54. In order for the seven-step road map to democracy to comply with democratic values, the
right to assembly (such as public demonstrations and political meetings) should be fully
respected. Following the crackdown on the peaceful demonstrations of September 2007,
31 deaths, of which 15 were confirmed by the Government, and 74 cases of disappearance were
reported. Crackdowns on peaceful demonstrations and assemblies demonstrate the vulnerability
of the freedom of assembly and the democratic process.
C. International humanitarian law protection of civilian discrimination
55. In its resolution 63/245, the General Assembly strongly called upon the Government of
Myanmar to, inter alia, intensify measures to ensure the protection of children from armed
conflict. Children continue to be recruited and used in large numbers as soldiers despite the
existing laws and policies prohibiting the recruitment of persons below the age of 18. In this
regard, the Special Rapporteur encourages the Government to intensify efforts to address the
problem of the recruitment of child soldiers in its armed forces. He welcomes the efforts of the
Government committee for the prevention of military recruitment of underage children in
November 2008 to raise awareness among military officers and other ranks in the Northern
Command. He also notes the cooperation of the Government with the Working Group on
Children in Armed Conflict. The Special Rapporteur calls upon the Government to continue
implementing the plan of action of the committee, and urges that those who continue to recruit
child soldiers be brought to justice. The Special Rapporteur recommends that the Government
adhere to the Optional Protocol to the Convention on the Rights of the Child on the involvement
of children in armed conflict.
56. The Special Rapporteur is seriously concerned about the unfolding armed conflict in Kayin
State between the Union of Myanmar Army and the KNU, which severely affects the civilian
population. It is said that both parties are responsible for extrajudicial killings, torture, enforced
disappearances and arbitrary arrests, forcible displacement, the use of anti-personnel mines and
the destruction of villages.
57. In August 2008, villagers were allegedly shot dead by soldiers in their paddy fields west of
Papuan township. Incidents of forced labour are also reported, including in the construction and
maintenance of eight roads and the portering of supplies to new military outposts. The Special
Rapporteur, during his latest visit, met in prison with two victims of forced labour for the
military in Kayin State. According to the information received, in Central Kayin State military
patrols continue to restrict the free movement of villagers.
58. In the townships of Laikha, Nam Zarng and Mong Kung in Southern Shan State, human
rights abuses have allegedly been committed by a splinter group of the Shan State Army South
Battalion 758. Forced labour, land confiscations, the forced construction of agricultural
plantations and sharp rises in commodity prices have also been reported.
59. In Kaya State, despite a decrease in the number of troops, fighting between the military
and the Karenni National Progressive Party continued. The confiscation of land and work
without remuneration in the agriculture sector have been reported.
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