A/HRC/4/14
page 19
The major focus of the criticisms related to the outcome of the 1997 Commission of Inquiry
appointed by the Governing Body of ILO, which concluded that the Convention had been
violated in national law and in practice “in a widespread and systematic manner”. The report of
the Committee of Experts refers to material that purported to be from nearly every state and
division of the country on several hundred cases of forced labour, including forced portering,
repair and maintenance of army camps and villages for displaced people, cultivation of paddy
and other fields, road construction, clearing of jungle areas, “human minesweeping”, patrolling
and sentry duty.2 The Special Rapporteur believes that the implementation by Myanmar of the
important conclusions of the Committee published last June would help to prevent forced labour
to a significant extent, as they identified practical steps that are required to put an end to these
abuses.
V. CONCLUDING REMARKS
79.
The human rights concerns enumerated in the present report are largely the same as those
highlighted by the Special Rapporteur in his reports since 2001. The Special Rapporteur
deplores the fact that, despite early indications from the Government that it was willing to
address these problems when the Special Rapporteur first took up his mandate six years ago, this
willingness has disappeared.
80.
The current administration has not yet demonstrated any willingness to concede any
space for a political opening of the kind that occurred during similar transitions in several
countries in Asia, nor for the promised move towards democratization. Any voice questioning
existing policies and practices has been harshly suppressed. Moreover, most individuals and
groups responsible for committing serious violations, in particular members of the State
apparatus, are not being arrested or prosecuted. Impunity has also impaired progress in the
social and economic development of Myanmar for the benefit of the majority of the people.
81.
Recommendations formulated by the General Assembly, the Commission on Human
Rights, the Secretary-General of the United Nations and his former Special Envoy, as well as
those advocated by the Special Rapporteur and relevant human rights treaty bodies, have not
been implemented.
82.
From the outset of his work on Myanmar, the Special Rapporteur has made a point of
visiting and reporting regularly on the plight of political prisoners. Nothing is more revealing
about the situation of human rights in a country than the existence of political prisoners.
Moreover, the manner in which such persons are treated is a reflection of how a Government
regards its own people. At least 1,201 citizens of Myanmar are behind bars without access to the
guarantees of due process for the exercise of their political rights.
83.
The Special Rapporteur has constantly repeated, to no avail, to the Government of
Myanmar and its partners that Daw Aung San Su Kyi’s house arrest and her lack of access to
NLD colleagues run counter to the spirit of national reconciliation. The release of the other
2
Report of the ILO Committee of Experts on the Application of Conventions and
Recommendations: Individual Observation concerning Convention No. 29, Forced
Labour, 1930, Myanmar, June 2006, para. 6.
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