A/HRC/4/14
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46.
The recruitment of child soldiers is another human rights abuse committed within
the culture of impunity. The Special Rapporteur has received various reports of the Army
continuing to recruit child soldiers at an alarming rate. These reports allege that child
recruitment continues even after the Government created a high-level committee that
promised to address the problem. The Committee for Prevention of Military Recruitment of
Under-Age Children was formed in January 2004 after the Secretary-General reported to the
Security Council that Myanmar was violating international law prohibiting the recruitment and
use of children as soldiers. The report of the Secretary-General on children and armed conflict
confirms this development. It says that “there are reliable reports of continued forcible
recruitment and training of children for the Government armed forces (Tatmadaw Kyi) and
non-State armed groups. However, owing to access limitations, the United Nations country team
has not been able to systematically verify these allegations”. (A/61/529-S/2006/826, para. 57).
47.
As noted by the Special Rapporteur in his previous reports, the serious human rights
violations described above have been widespread and systematic over the last decade, suggesting
that they are not simply isolated acts of individual misconduct of middle- or low-ranking
officers, but rather the result of a system under which individuals and groups have been allowed
to breach the law and violate human rights without being called to account.
48.
The Special Rapporteur also believes that impunity is one of the main underlying causes
of the degrading economic and social conditions of rural farmers, who represent the majority of
the population of Myanmar. The militarization of rural areas has created a vicious circle of
impoverishment of villagers. The military rely on local labour and other resources as the result
of the incapacity of the Government to deliver any form of support for their activities (the
self-reliance policy). The Special Rapporteur has received many allegations of villagers being
severely punished outside the framework of the law because they refused to perform forced
labour and of the unlawful appropriation of their land, livestock, harvest and other property.
While Myanmar has increased the number of its battalions nationwide since 1988, the
implementation of self-reliance policies by the local military during the past decade has
contributed to undermining the rule of law and damaging the livelihoods of local communities.
49.
Grave human rights violations meet with impunity and are even authorized by law. In
that respect, the Special Rapporteur is seriously concerned at the continued misuse of the legal
system, which denies the rule of law and represents a major obstacle to securing the effective and
meaningful exercise of fundamental freedoms. The Special Rapporteur regrets to observe that
the lack of independence of the judiciary has provided a “legal” basis for abuses of power,
arbitrary decision-making and exonerating those responsible for serious human rights violations.
The Special Rapporteur has also repeatedly expressed concern to the Government of Myanmar
about the abuse of due process in political trials and the denial of basic rights in detention. For
the last six years, the Special Rapporteur has received numerous reports concerning arbitrary
arrests without warrants, incommunicado detention, torture or ill-treatment in pretrial detention,
deaths in custody and very poor conditions of detention without access to adequate food and
medical treatment. He has also received reports of defendants who have been denied the right to
legal counsel and reports of political trials often being held in camera.
50.
The Special Rapporteur considers the criminalization of the exercise of fundamental
freedoms by political opponents, human rights defenders and victims of human rights abuses to
be a matter of especially grave concern.
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