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

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