United Nations Radio

The UN rapporteur on Myanmar, Tomas Ojea Quintana told the Human Rights Council in Geneva that with elections planned for the first time in 20 years, Myanmar is at a critical moment in its history, but he is worried that this opportunity is not being seized. Bissera Kostova has the story.

Myanmar refugee

NARRATOR: Mr. Quintana, who just returned from his third mission to Myanmar, as human rights rapporteur, says he saw no progress by the government on releasing political prisoners or on securing freedom of expression, association and assembly, which he considers crucial for making the elections a success.

Quintana: I see no indication that the Government is willing to release all prisoners of conscience, and that fundamental freedoms will be granted. ... Without full participation, including by the 2100 prisoners of conscience, and an environment that allows people and parties to engage in the range of electoral activities, the elections can not be credible.

NARRATOR: Mr. Quintana says regulations just published ban prisoners of conscience from participating in elections, or even being members of political parties. This would prevent detained Nobel Laureate Aung San Suu Kyi from taking part in the poll. But the government denies that there is any such category of prisoners. U Wunna Maung Lwin is Myanmar's representative to the UN Human Rights Council.

Lwin: Myanmar's judiciary is independent and impartial. My government has clearly stated that there are no prisoners of conscience and that those who are serving prison terms are those who offended the existing laws and regulations.

NARRATOR: Mr. Quintana says the 2100 estimated political prisoners include political leaders, ethnic leaders, monks, nuns, social workers and artists, who have engaged in political activism. He says he met with 14 of them.

Quintana: One of them was a former child soldier, who deserted as a child soldier from the military, and after many, many years was arrested and convicted to seven years. So I raised this question in my meeting with the Minister of Labour saying that this is a legal nonsense in this conviction, because in Myanmar child soldier is not allowed under their own legal standards.

NARRATOR: Tomas Quintana also raised with the government of Myanmar the issue of systemic and deep-rooted discrimination against Muslim minorities, who are excluded from citizenship.

Quintana: In northern Rakhine state, where these Muslim communities are based, many of them are being arrested for illegal marriage. For me this is an essential human rights violation, which cannot be accepted. And the other serious concern is with regards to the birth registration of newborns, which are not being registered as human beings and because of that their rights to education and health are not being granted.

NARRATOR: Myanmar's ambassador dismissed these charges as a politicised move to interfere in the election.

Lwin: The accusations in the report is an attempt to deliberately frame Myanmar to create misunderstanding between our country and international community. In my country there is no discrimination whatsoever on grounds of religion, races and genders. Every person has the right to practice any religion in Myanmar.

NARRATOR: Finally, the Special Rapporteur called for establishing accountability for past human rights violations by the military regime in Myanmar.

Quintana: The possibility that the gross and systematic nature of the human right violations may entail crimes against humanity must be seriously examined and addressed accordingly. It is now time for the Government of Myanmar to assume its responsibility to undertake steps in this direction. Only prompt and effective actions will begin to bring an end to the long-lasting impunity of human rights violations. And it is also now for the international community to consider further steps to ensure accountability and to assist the authorities of Myanmar in fulfilling this obligation.

NARRATOR: Mr. Quintana stressed that accountability is particularly important in view of the upcoming elections, which have not yet been scheduled, but are supposed to take place this year. He recommended that the UN set up a commission of inquiry to help the government of Myanmar investigate these serious crimes. For UN Radio, I'm Bissera Kostova.

Duration: 4'12"