General Observations
1. The Office of the High Commissioner for Human Rights used to seek inputs from Myanmar which provided detailed information on certain concerns and the Office integrated a few points in the report of the High Commissioner.
2. However, for the present report contained in document no. A/HRC/57/56 submitted to the 57th regular session of the Human Rights Council, the Office failed to verify the allegations contained therein with Myanmar. The report further neglects publicly available information released by the Government.
3. Furthermore, the report of the High Commissioner for Human Rights on Myanmar was released on 17 September 2024 which is only three working-days before the Interactive Dialogue with the High Commissioner for Human Rights on 23 September 2024. The Office did not share advanced copy of the report with the concerned-country, Myanmar, for its comments and observations as a usual tactic to prevent the country concerned to respond the allegations and provide accurate information.
4. Hence, the report sacrifices its impartiality, credibility and integrity without fairly reflecting facts and views of the country-concerned although it is prerequisite for the mandate holders to uphold.
Observations on certain paragraphs
5. Reference is made to paragraphs under subtitle Methodology. It is regrettable to see that discussion of the Human RightsCouncil heavily concentrates on country-specific mandates and politicization of human rights is more significant in case of Myanmar. The so-called Interactive Dialogue with the High Commissioner is second discussion following the one with the so-called IIMM during the current session of the Council. Additionally, it is the sixth of its kind in this year Council and the number of IDs on Myanmar is the highest compared to other country specific discussions. Such multiplication and duplication of work results incompetent report and unproductive follow-up discussion. In paragraph 2 of the report admits, “where appropriate, reference is made to previous reports”. Furthermore, the report in its paragraph 3 states that factual determinations were made where there were reasonable grounds to believe, however, Myanmar sees that such determinations could be either politically or emotionally motivated ones without verification or cross-check with the State.
6. Reference is made to paragraph 4 under subtitle Introduction. In light of repeated allegations and inaccurate information have been presented by different human rights mechanisms on Myanmar, the report attempts to touch a new topic of mental health services in Myanmar at the absence of supporting evidence to claim that it is critical importance to resolution of the current crisis. It clearly indicates the outcome of redundant mandates which only produce illogical and unproven conclusions.
7. Reference is made to paragraph 5 and paragraphs under subtitle Mental Health. Although Myanmar is a least developed country with insufficient resources, its health system including in the area of mental health has been providing services through highest attainable resources and competent professionals. Myanmar developed the Mental Health Policy and Strategic Plan for Mental Health (2021-2024) in line with its National Health Policy and WHO Mental Health Policy guidelines considering applicable international human rights standards and the Policy and Strategic Plan was adopted in February 2021 and its implementation is ongoing. Mental health care services are provided through hospital-based services as well as community based mental health services.With regard to the 1912 Lunacy Act, Myanmar has been developing a new law. While Myanmar is well aware of the challenges, it has been overcoming the difficulties with own strength. For instance, Myanmar could manage to contain the outbreak of COVID-19 pandemic in July 2021 by securing necessary vaccines from friendly countries while self-claimed human rights champions and even WHO failed to provide a single dose of vaccine at the time of emergency. Mental health issue is a challenge experienced in most of the countries following the pandemic as WHO’s scientific brief stated COVID-19 pandemic triggers 25% increase in prevalence of anxiety and depression worldwideand interpreting it in political dimensions without any evidence is not only baseless but also unprofessional. More importantly, the narratives of the paragraphs are clear reproduction of reports made by other non-governmental organizations and simply wasting scarce resources of the United Nations.
8. Reference is made to paragraphs 6, 7 and 9. The Government of Myanmar has been granting access to UN agencies and international non-governmental organizations for their field visits and humanitarian activities depending on security conditions. Currently, there are 16 UN agencies in Myanmar with field presence in all states and regions across the country. The Government facilitated travel access for over 1,000 times to UN agencies and INGOs and over 200 times to foreign Embassies to visit different parts of Myanmar between February 2021 and May 2024. Some relocations of United Nations staff have also been facilitated by the Government as per request. Furthermore, Myanmar has been facilitating the assistance provided by ASEAN and detailed information can be found in “Myanmar in Brief” shared by the Permanent Mission of Myanmar to all Permanent Missions on 18 September 2024.
9. Reference is made to paragraphs 8, 10, 12, 13 and 14. Myanmar highlights that the country has been experiencing violence and armed attacks committed by PDF terrorists as well as different armed groups and the Tatmadaw has been countering such reckless attacks in line with Rules of Engagement and domestic laws. It should be also noted that the armed terrorists mainly use schools, public infrastructure and religious buildings to be seen by the international community as collateral damage when casualties occur. It is not clear how the report verifies the information and validates them. Without specific incident with verifiable facts, Myanmar rejects the figures as well as unfounded allegations contained in these paragraphs. Myanmar could verify the alleged allegations if the report provides facts such as date, place and relevant information and sufficient time is given.
10. Reference is made to paragraph 11 in connection with internet services. It should be noted that as of August 2024 a total of 655 communication towers in 174 townships were destroyed or damaged by terrorist groups which severely disturb internet and communication services.
11. Reference is made to paragraph 15. NUG, CRPH and their subordinates PDFs terrorist groups were formed by extreme politicians who failed to address the electoral irregularities in 2020 general elections and the groups have been continuing heinous crimes including murders, rape and sexual violence, extortion, forced recruitment, abduction and threatening against people. As of 31 August 2024, the terrorists have claimed the lives of more than 8,100 innocent civilians including 303 children, 104 teachers, 22 healthcare workers, 112 monks and nuns and 1,118 administrative staff in different townships. Findings of other counter-terrorism reports indicated that the PDFs were the main perpetrators of terror acts and CDF and KNDF are also responsible for killings. The paragraph significantly downplays the terror acts committed by PDF terrorists and fails to name the perpetrators.
12. Reference is made to paragraph 16. Hopong and Hsihseng townships in Pa-O Self-Administered Zone of Shan State (South) have suffered from terror attacks perpetrated by PNLO, KNDF and PDF terrorists. PA-O national races from villages around Hsihseng gathered their strengths, and they joined hands with Tatmadaw and took the Hsihseng region back from the hands of terrorists. What happened in January 2024 were the clashes between security forces and PNLO which transported arms and ammunition with five vehicles. Then, those from PNLO set the vehicles fire led explosions and houses nearby caught fire and security forces confiscated 504 small arms, 10 RPGs, six 107 mm electric-ignited rockets among others. Chairman of the State Administration Council visited Hsihseng region on 4 September 2024 and oversaw the rehabilitation work there.
13. Reference is made to paragraph 17. While several towns with civilians mainly in remote areas were under attacks, the Tatmadaw managed to restore stability in many including Kawkareik, Mongmit, Kawlin, Myawaddy, Loikaw among others. Relevant State/Regional officials have been facilitating the return of residents, reconstruction and rehabilitation of infrastructures and resuming public services. The armed groups have been targeting towns which are neither military bases nor military targets and there is no question that the state security forces take counter measures within the parameter of Rules of Engagement.
14. Reference is made to paragraphs 18, 19 and 20. The report falsely claims the incidents in Buthidaung regardless of open source information indicate opposite facts. In fact, AA insurgents attacked Kon Tai, Yut Nyo Taung and U Hla Pe villages with a mainly Bengali population in Buthidaung Township in April 2024, and therefore, the villagers fled and the State officials sheltered them in Buthidaung town. On 4 May 2024, AA insurgents launched artillery shells against No. 1 Basic Education High School (BEHS) in Ward 1 of Buthidaung, where displaced persons were temporarily sheltered. It killed 2 civilians and injured 15 including children. On 11 May 2024, AA insurgents shelled a public hospital in Buthidaung and killed three persons. It was learnt that AA terrorists entered Buthidaung at about 9:30 pm on 17 May. They set fire villages – the villages near Buthidaung and committed mass killings. As of 25 May 2024, nearly 200 innocent civilians lost their lives due to attacks committed by AA terrorists. Myanmar exercises maximum restraint in its counter operations in border areas. On 5 and 6 of August 2024, AA attacked crowds with women and children in western bank of Maungdaw. The videos widely shared online as well as witnesses of the incidents indicate AA is responsible for a series of bomb-dropping drones which killed hundreds of Bengalis. AA has been targeting and killing people including Bengalis and Rakhine who refuse extortions, recruitment, and infiltration into residential areas and follow the group’s agenda. Tatmadaw will continue measures of peace and stability in these regions in cooperation with residents.
15. Reference is made to paragraphs 22 and 23. Myanmar is not the only country which implements the People’s Military Service Law and similar laws have been enacted by some other countries. Myanmar enforced the People’s Military Service Law on 10 February 2024 and Myanmar duly notes its obligations under relevant international law. The Government announced in February 2024 that anyone who has the knowledge of forced recruitment can file the complaint with the Central Body for summoning People’s Military Servants. The trainings for the military service have been organizing since 8 April 2024 with eligible persons including volunteers. The allegations cannot be substantiated without any facts.
16. Reference is made to paragraphs 24 to 29. No one is arrested or detained in Myanmar for exercising their rights peacefully but there are individuals facing charges for their violations of domestic laws. Since most of the allegations contained in these paragraphs carry only numbers with insufficient information, Myanmar cannot verify them.
17. Reference is made to paragraphs 30 to 52. Again, the paragraphs only include narratives which can be invented by anyone at any time while the Prison Department has been verifying and informing public on actual accounts of allegations reported in different media platforms. Myanmar cannot verify the accusations which lack facts. Furthermore, Myanmar National Human Rights Commission made 20 prison visits and 183 recommendations in 2021, 39 visits and 309 recommendations in 2022, 14 visits and 124 recommendations in 2023 and 18 visits and 108 recommendations as of August 2024. The Commission examines prison conditions and treatment of prisoners, independently meets the prisoners who make such requests and invites anyone who wishes to file the complaint of human rights violations. Kindly consult the Annex for the list of prisons that the Commission has visited. Furthermore, ICRC has resumed its prison visits and it has visited Sittwe, Myitkyina and Kyeikmayaw prisons in May, June and July 2024 respectively. Although the report incorporated unsubstantiated accusations, it turned a blind eye to the fact that a total of 23 prisoners passed matriculation exam in 2023-2024 academic year and among them one individual passed the exam with four distinctions, four persons with three distinctions, two with two distinctions and three with one distinction. The person with four distinctions secured the third highest score in the whole of Myanmar in the arts stream. Facts speak louder than words.
18. Reference is made to paragraphs 60 to 67. It is shocked to learn that the report recommends the NUG terrorist group to identify individuals in charge of prisons and other detention facilities while the report unavoidably admits the killings of civil servants committed by the group. The recommendations amount to life threat and hate speech with incitement to commit violence against civil servants. Similar recommendation was also made in paragraph 61 which instigates retaliation against judges, police, prison officials, interrogators and guards. The Office should further review its human rights education programmes, do no harm approach and code of ethics for its own staff.
19. Furthermore, it is disappointed to note the reasoning of the report to refer Myanmar to the International Criminal Court since its flawed findings based on narratives and unfounded allegations. Myanmar, therefore, rejects the allegations, conclusions and recommendations contained in the report.
20. Due to time constraints, Myanmar could not make its comments on the remaining paragraphs and certain allegations. This does not mean that Myanmar agrees with these paragraphs; rather, it simply means that there was insufficient time to provide feedback.
Permanent Mission of the Republic of the Union of Myanmar to the United Nations Office and other International Organizations
Geneva
19 September 2024
