Myanmar’s Observations on draft resolution entitled “Situation of human rights in Myanmar” contained in document no A/HRC/55/L.17

Reference is made to PP4 to PP7, PP9, PP13, PP14, OP1, OP3, OP5, OP6 and OP17. The paragraphs continued to ignore the root cause of declaring state of emergency following the electoral fraud in 2020 general elections and armed violence committed by the extreme politicians who formed terrorist organizations such as NUG, CRPH and PDF. The terrorist groups further joined the insurgent groups which intensified their attacks and supported the terrorist groups by means of weapons and supplies along with trainings with ultimate goal of achieving territorial gains. The resolution fails to condemn the opposition groups’ killings and violence which claim lives of 7,000 innocent people including over 1,000 civil servants mainly administrators and over 80 teachers and over 90 sangha(monks).  

Reference is made to PP8, PP39 and OP45. The elements contained in the paragraphs threaten the business community to hamper development of Myanmar and its people. Attempts to cut off the Government’s revenue would create negative impact essentially to public services provided by the State.

Reference is made to PP11, OP19 and OP41. The paragraphs like many others contained in the draft include the matters which have been addressing in other different forums of the United Nations while Myanmar has been responsibly providing its responses to the relevant organizations.

Reference is made to PP16, PP27, PP28, PP35, PP37, OP10, OP11, OP13, OP23, OP40, OP41, OP42 and OP43. The lengthy resolution contained elements which are repetitive and redundant with sweeping allegations without facts.

Reference is made to PP10, PP12, PP19, OP4, OP8, OP9, OP18 and OP39. No one is arbitrarily detained in Myanmar for exercising their fundamental rights peacefully. There are certain individuals facing legal measures for their unlawful activities prevented by existing rule of laws of sovereign country including for financing terrorist activities from abroad. With regard to interruption of internet and telecommunication, the resolution concealed that public infrastructure including 559 telecom/ electric towers were destroyed by PDF terrorists and it is the main reason of such interruptions.

Reference is made to PP15, OP14, OP15, OP16 and OP44. Since Myanmar is a signatory to the Convention on the Rights of the Child, it voluntarily complies with and abide by the obligations contained therein. Myanmar has been working with United Nations Country Task Force on Monitoring and Reporting even the Joint Plan of Action expired. National mechanisms are put in place to prevent child abuses and violations of child rights including six grave violations. Therefore, anyone with knowledge of violations of rights of child can file complaint to relevant national mechanism. The elements contained in the paragraphs are in fact not necessary since Myanmar has been working with the relevant UN agencies. Furthermore, the resolution keeps silence about cruelty committed by PDF terrorists which kill over 250 children and use schools and learning facilities for military purpose while there are abundant of such evidences. Recently on 26 February 2024 in Kalay University in Sagaing Region, security forces rescued 285 members of faculty and students abducted by PDF terrorists. AA insurgent groups attacked schools and students who sit matriculation exam in Partaleik village in Rakhine State on March 2024 and two students injured.

Reference is made to PP21, PP24, PP25, PP26, PP27, PP38, PP43, OP12, OP24, OP25, OP26, OP29, OP30 and OP32. In fact, there is a standalone resolution tabled by the OIC on displacement of people from Rakhine State and elements contained therein are another example of duplication. Myanmar is committed and ready to commence the repatriation of the displaced persons in accordance with the bilateral arrangements with the Government of Bangladesh.

Reference is made to PP22 and OP20. The State Administration Council (SAC) issued an announcement that set the date for the People’s Military Service Law to come into force, which is 10 February 2024. The SAC issued a statement on 13 February 2024 that the Reserve Forces Law shall come into force starting from 13 February 2024. Since there are countries which apply similar practices in line with domestic requirements, the elements contained in the paragraphs are not appropriate.

Reference is made to PP23. The complications in northern Shan State were rooted in online scams. Such illegal businesses are based in border regions between Myanmar and China on a broader scale and it is also the case in Myanmar-Thailand border. Most of the foreigners who involved in illegal activities have been shielded by certain Ethnic Armed Organizations (EAOs).

Reference is made to PP29 to PP34. The paragraphs show the extent of different mechanisms created against Myanmar in contrary to the principles of the Human Rights Council particularly non-selectivity, objectivity and impartiality. Without the consent and cooperation of the country-concerned, those mechanisms only mean wasting scare resources of the United Nations.

Reference is made to PP36 and OP7. The resolution not only turns a blind eye to the terrorist acts and armed violence committed by insurgent and PDF groups but also aims to weaken the legitimate counter operations of the security forces and interferes in legal arms trade between sovereign countries. The main sponsors of the resolution should be mindful of the arms transfers of their own fueling countless conflicts across the world.  

Reference is made to PP42, OP35, OP36 and OP37. The resolution fails to acknowledge the positive developments within ASEAN in support of Myanmar while the Government facilitated the visit of Special Envoy of the ASEAN Chair, Mr. Alounkeo Kittikhoun, to Myanmar from 10 to 12 January 2024 and sent its representative to the ASEAN Foreign Ministers’ Retreat held in Luang Prabang, Lao PDR on 28-29 January 2024. ASEAN Foreign Ministers welcomed the progress under Phase 2 by the AHA Centre, in particular the distribution of humanitarian assistance in January 2024 to the displaced and vulnerable people in Nyaung Shwe and Hsihseng townships in Southern Shan State. The Joint Needs Assessment for Phase 2 was completed in May 2023 and Myanmar allows participation of UNOCHA and WFP in Joint Needs Assessment.

Reference is made to PP40 and OP21. The Government has made it clear that dialogue can be possible if the terrorist organization abandons its violence and terrorist acts. Without fulfilling the condition and inviting the terrorist organization would mean encouragement or incitement to the terrorists to commit further violence. 

Reference is made to OP2 and OP57. The developments in Myanmar are solely internal affairs of the country without posing any risk to international peace and security and therefore, making reference to the Security Council is irrelevant.

Reference is made to PP18, PP20, OP26, OP27 and OP34. With regard to the access, Myanmar has facilitated 8 visits of Regional Directors from UNDCO, ICRC, UNICEF, IFRC, IOM, UNDP, UNOPS, UNFPA in 2023. Mr. Martin Griffiths, Under- Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA) visited Myanmar from 14 to 17 August 2023. The visit of Mr. Raouf Mazou, Assistant High Commissioner for Operations of the UNHCR took place in November 2023 and he visited many places in Maungdaw and Sittwe townships. Furthermore, the Government granted travel authorizations for 62 visits of the Embassies including of EU delegation to different parts of Myanmar between 2021 and 2023 while the United Nations agencies have field presence in States and Regions. The humanitarian operations have been in fact hindered by the terrorist organizations and relocations of some agencies occurred due to security concerns posed by terrorist and insurgent groups.

Reference is made to OP33. Family visits to prisons have been resumed following the relaxation of COVID-19 restrictions.

Reference is made to PP17, OP46 to OP56, OP58 and OP59. The resolution continued to create duplicated mandate of the High Commissioner additional to that of the Special Repporteur. Accordingly, it generates multiple reports and IDs against Myanmar in every session of the Human Rights Council despite the fact that the Council has been stretching its resources for proliferation of such unnecessary and unjustified mandates.

Permanent Mission of the Republic of the Union of Myanmar
28 March 2024