A/HRC/4/14
page 10
30.
In May and November 2006, the United Nations Under-Secretary-General for Political
Affairs, Mr. Ibrahim Gambari, visited Myanmar as an emissary of the Secretary-General within
the context of the “good offices” mission entrusted to him by the General Assembly and at the
invitation of the Government. Democratization and human rights were part of the terms of
reference of his mission. He briefed the Secretary-General and the Security Council three times
on the outcome of his two visits, which were seen as a positive step for the resumption of a
dialogue with Myanmar. The Special Rapporteur commends the important work of the
Under-Secretary-General within the framework of the Secretary-General’s “good offices”
mission.
31.
In early September, the United States formally requested the Security Council to put
Myanmar on its agenda. On 15 September, the Council voted, by 10 votes in favour, 4 against
and 1 abstention, to do so. The Special Rapporteur viewed this decision as a step that may allow
Security Council members, individually or collectively, to formally discuss the issue of
Myanmar and to request regular reports on the situation in the country from the United Nations
Secretariat, including from OHCHR.
32.
On 12 January 2007 a draft resolution on the situation of human and political rights in
Myanmar (S/2007/14) was tabled by the United States of America and the United Kingdom of
Great Britain and Northern Ireland.
33.
The Special Rapporteur hopes that the debate on Myanmar in the Security Council will
provide an opportunity to facilitate the transition process towards democracy. It can contribute
to finding ways to promote convergence among the different approaches of the members of the
Council towards the country, building an effective and authentic partnership with the countries
of the region, tackling protection issues while improving the level of humanitarian action,
including humanitarian access, and ensuring the realization of economic, social and cultural
rights.
34.
The Special Rapporteur takes note that at its 297th session, held in November 2006, the
Governing Body of the International Labour Organization (ILO), as a result of the lack of
political commitment by the Government of Myanmar to comply with its international
obligations, stated in its Conclusions that “the Myanmar authorities should, as a matter of utmost
urgency and in good faith, conclude with the [International Labour Office] an agreement on a
mechanism to deal with complaints of forced labour”. In addition, the Governing Body said that
a specific item would be placed on the agenda of its March 2007 session to enable it to move on
legal options, which would include requesting an advisory opinion from the International Court
of Justice. The Special Rapporteur would like to commend this decision as an important step
towards fighting the culture of impunity in Myanmar.
35.
In November 2006 the Special Rapporteur welcomed some progress in the area of forced
labour. He noted that three cases concerning people who had been arrested after filing
complaints of forced labour practices were recently resolved by the Government in collaboration
with ILO. He also welcomed as a positive development the six-month moratorium declared by
the Government on prosecuting people who lodge complaints of forced labour. The Special
Rapporteur was informed by representatives of Myanmar that further negotiations with ILO were
in progress with a view to establishing a mechanism in the area of forced labour and that a new
ILO mission was being considered for the near future.
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