Introduction
1. Myanmar provides its responses to the report entitled “Situation of Human Rights in Myanmar” contained in document no. A/HRC/55/65 prepared by the so-called Special Rapporteur on the situation of human rights in Myanmar.
2. The report was made available on 14 March 2024 to the member states while it was neither verified with nor sought comments from the country-concerned in violation of Article 8 (d) of the Code of Conduct for Special Procedures Mandate-holders of the Human Rights Council which stated “Give representatives of the concerned State the opportunity of commenting on mandate-holders’ assessment and of responding to the allegations made against this State, and annex the State’s written summary responses to their reports.”
3. Convening the Interactive Dialogue with the so-called Special Rapporteur without participation of Myanmar in addition to the failure of the Special Rapporteur to incorporate Myanmar’s responses which should have been annexed to the report and, the Human Rights Council fails to fulfill its mandate which is to contribute, through dialogue and cooperation, towards the prevention of human rights violations.
Observations
4. Reference is made to paragraphs under Introduction. The Special Rapporteur totally neglects the law of cause and effect. The state of emergency was declared in 2021 in Myanmar following massive electoral fraud in 2020 general election and intensification of armed incidents in Myanmar is the result of insurgent groups exploited the political situation for their own interests of territorial gains and enlarge revenue from illegal activities, inter alia, drug trafficking, human trafficking, online scamming, arms smuggling and extorting from the local people.
5. Reference is made to paragraphs 12, 13, 14, 15, 16 and 17. The report glorifies the insurgent groups which intensified their attacks in northern Shan State under the pretext of democracy. The attacks by MNDAA is nothing to do with democracy or countering online gambling since the Pheung group was active in the area before 2009 and rivalry between clans in the region was one of the root causes since the groups in the area involved in illegal lucrative activities. The Pheung group was not happy when Laukkai region was administered by Bai group and the recent coordinated attack was led by Pheung Daxun, son of Pheung Kya-shin and current leader of MNDAA. Many viral video footages showed MNDAA members destroyed the pagodas and statues, expelled ethnic peoples other that Kokant and bulldozed buildings belong to other ethnicities clearly reveals their true intent. Kindly consult the paper “Myanmar in Brief” for the nature and facts on such attacks committed by other insurgent groups.
6. Reference is made to paragraphs 18 and 19. The terrorist and insurgent groups increasingly use cities and towns to claim territorial gain by using civilian infrastructures to attack security forces and make forced displacement of people. The report fails to condemn such terror acts but glorifies them as “the success of opposition offensives”.
7. Reference is made to paragraphs 20, 21, 22, 25, 26 and 27. Myanmar cannot provide its response due to the lack of verifiable information such as date and place. The report replicates misinformation from unreliable sources to deceive the international community.
8. Reference is made to paragraph 23. It was informed that training ceremony would be held 2500 meters north of Kanan village, Tamu township, Sagaing region on 7 January 2024 around 9 am, with 110 recruited members and terrorist leaders and members of KIA would attend the ceremony. It was informed that 50 recruited members out of 110 were supposed to be sent to the terrorist groups fighting the Aung Zeya military outpost. Therefore, the military verified target near the Kanan village to avoid civilian areas. Only after confirming the military objects a fighter plane was sent to carry out counter-terrorism operation. When the fighter plane arrived at the targeted place around 10 am, it was found out that people wearing terrorist uniforms were gathering in a field and shot the plane. The fighter plane’s lower right wing and fuel tank were shot. Even though the plane had been attacked, the military further verify the place whether it was a legitimate military target or not before exercising a counter-attack. While verifying, the terrorists again shot the plane, and only then, it confirmed the target and conducted a counter-attack. Thereafter, around 1030 am, the terrorists fled towards Kanan village and thus, military ended its counter operation and the plane retreated not to harm the innocent civilians in the village.
9. Reference is made to paragraph 24. It is learned that explosions in Mong Lai Khet, Laiza area of Kachin State in the night of 9 October 2023 led the deaths and injuries of some KIA personnel and family members. There was no operation by Tatmadaw as accused by the group. Laiza is the headquarters of KIA armed group. The photos spreading online go contrary to the claim that the location is an IDP camp as KIA personnel were present at different stages of the scene. Different narratives spread by the armed group also indicate that the cause of explosion is not known to them. As per the information from the ground, it is further observed that the incident occurred due to the explosions of an arsenal near the KIA training school storing over 100 tons of ammonium nitrate and other explosives. The explosives controlled by the KIA leaders exploded by accident and the root cause of the explosion is still a puzzle.
10. Reference is made to paragraphs 28, 29 and 30. In paragraph 28, it stated that the Special Rapporteur received credible reports of conflict-related sexual violence committed by SAC forces and paragraph 29 stated constraints of documentation of sexual violence. Nonetheless, paragraph 30 reached the conclusion that Myanmar military perpetrated sexual violence. Myanmar invites the Special Rapporteur to provide accurate information at least date and place as Myanmar has established national mechanisms to prevent sexual violence including conflict related ones.
11. Reference is made to paragraphs 31 to 36. Bias and one-sided narratives of the Special Rapporteur is reflected in every paragraph of the report and alleged state security forces used landmines to harm civilians while he turns a blind eye to numerous cases of PDF terrorists killed themselves by mishandling of landmines during their attempts to explode densely populated areas. With regard to the allegations of use of cluster munitions, the munitions used by Myanmar do not fall within the characteristics of cluster munitions defined by the Convention on Cluster Munitions.
12. Reference is made to paragraphs 37 to 42. 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. As today’s situation calls for Myanmar to carry out the strategy of people’s militia necessarily, Myanmar commences carrying out such kind of military service. The allegations contained in the paragraphs originated from misinformation campaigns by opposition groups. On 24 February 2024, the Spokesperson of the Information Team of the Government announced that anyone who has the knowledge of forced recruitment can file the complaint with the Central Body for summoning People’s Military Servants and the contact details to do so have been made known to the public.
13. Reference is made to paragraphs 43 to 48. It is no longer possible to conceal the atrocities committed by PDF terrorists formed under the so-called NUG. Nonetheless, the elements contained in the report do not reflect the level of brutalities committed by the terrorist groups since a total of over 7,300 innocent people including 258 children, 301 civil servants, almost 1000 administrators and 96 sanghas (monks). Gang rapes, sexual violence and their related killings have been revealed by different factions of the terrorist groups along with photos and video evidences.
14. Reference is made to paragraphs 49 to 55. Myanmar repeated questions the UN for its methodology in calculating the number of people in need of humanitarian assistance as the organization estimates 18.6 million people need humanitarian assistance whereas 14.5 million of which are neither displaced persons nor returnees and vaguely describes as other crisis affected persons countrywide. This is typical tactic to exaggerate the figure to draw the attention of the donors while the United Nations has suspended most of the development projects in Myanmar and the figure of people who need development assistance has been mingled as if those who need humanitarian aid.
15. Reference is made to paragraphs 56 to 59. The paragraphs contained sweeping allegations, speculations and hearsays without facts. Immunization programmes were hindered by the COVID-19 pandemic in many countries and Myanmar is no exceptional. Additionally, the programmes were further delayed by irresponsible healthcare workers who abandoned their services to the population, nonetheless, the immunization programmes have been resumed and speeded up following the relaxation of COVID-19 restrictions. The Public has been informed that the parents/ guardians could reach to their respective township public health departments or divisions for routine immunization every day.
16. Reference is made to paragraphs 60 to 67. With regard to humanitarian access, a total of 32 travel requests from WFP, UNDP, UNICEF and UNOPS to Mandalay and Magway Regions, Mon, Shan, Kachin, Rakine, Kayin and Kayah States in addition to their presence in the field. Furthermore, 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 UN agencies occurred due to security concerns posed by terrorist and insurgent groups.
17. Reference is made to paragraphs 68 to 75. No one is arrested or detained in Myanmar for political reasons while there are people who have been facing charges for their unlawful activities. In commemoration of 76th Anniversary of Independence Day, a total of 9,766 male and female including foreign prisoners had been granted pardon on 4 January 2024 on the humanitarian grounds. During the past two years, amnesty is granted to over 85,000 prisoners. The Myanmar National Human Rights Commission made a total of 11 prison visits and anyone who believes his/her rights is violated can lodge complaints with the Commission.
18. Reference is made to paragraphs 76 to 79. No one is arbitrarily detained in Myanmar for exercising their fundamental rights peacefully. There are certain individuals facing legal measures for their unlawful activities including for financing and supporting terrorist activities from abroad. The Special Rapporteur should be mindful that infightings among different factions of the NUG and PDF as well as among insurgent groups have been worsening both inside and outside of the country for territory, funding, looted resources among other and causing armed clashes, killings and abducting.
19. Reference is made to paragraphs 80 to 91. The Governments of Myanmar and Bangladesh are speeding up efforts for the early commencement of repatriation of verified displaced persons in line with the bilateral agreements. A series of action were taken in 2023. Myanmar is keeping up its efforts for the repatriation of the displaced persons from Rakhine State in accordance with the bilateral instruments and it has always been ready to receive verified displaced persons as agreed upon and has been preparing to provide necessary assistance, to resettle the returnees in designated villages and to provide healthcare, education and livelihoods.
20. Reference is made to paragraphs 92 to 95. Illegal businesses are based in border regions of Myanmar, China and Thailand on a broader scale. During the outbreak of Covid-19, movement restrictions led spread of online gambling and supporting staff for such illegal activities were brought there. So, Myanmar have been working with the neighbouring countries in combatting illegal activities. Most of the foreigners who involved in such illegal activities have been shielded by ethnic armed organizations. From 5 October 2023 to 8 February 2024, a total of 50,619 foreigners including 48,803 Chinese nationals who illegally resided in Myanmar were identified and handed over them to their respective countries.
21. Reference is made to paragraphs under International response. The Special Rapporteur not only incite the international community to interfere in domestic affairs of Myanmar but also infringe in inter-state relations between Myanmar and countries in the region and beyond. The Special Rapporteur has no mandate what so ever to dictate how Myanmar and other states should interact each other. The report further fails to acknowledge the positive developments within ASEAN framework but discredits it for not following his direction.
22. Reference is made to Recommendations. The Special Rapporteur could not deny the atrocities committed by the NUG, NUCC and PDF terrorist groups as well as insurgent groups. Yet, he continues inciting and misleading the international community to engage with the groups responsible for killings of over 7,000 innocent civilians. Taking side, lack of independence and impartiality and glorifying terrorist acts of the Special Rapporteur further show that he is not qualified to continue his functions as independent expert. Additionally, the ultimate intention of his recommendations to impose sanctions against state enterprises is to harm public services and general population and to threaten the business community.
Conclusion
23. Myanmar cannot make responses to certain paragraphs due to time constraint and it does not mean Myanmar concurs with elements contain therein.
24. Myanmar finds that the report of the Special Rapporteur is just another tool to discredit the Government, create divisions among the people of Myanmar and the state institutions and mislead the international community without any constructive and pragmatic comments.
Permanent Mission of the Republic of the Union of Myanmar
Geneva
15 March 2024