Seventy-eighth session
Item 73 (c) of the provisional agenda*
Promotion and protection of human rights: human rights
situations and reports of special rapporteurs and representatives
Summary
The present report is submitted pursuant to General Assembly
resolution 77/227 and covers the period from 15 August 2022 to 14
August 2023. In addition to the human rights situation of Rohingya Muslims and
other minorities, the report focuses on the continued deterioration of the
political, humanitarian and security situation in Myanmar following the
military takeover in February 2021, including further restrictions of human
rights and the worsening of socioeconomic conditions. There is an urgent need
for safe, full and unhindered humanitarian access to vulnerable communities in
line with international principles. That urgency has been compounded by the
devastation caused by Cyclone Mocha in May 2023. The report highlights the
continued brutal repression by the military. Thousands have been killed since
February 2021, including children, with reports of increased sexual and
gender-based violence committed by the military while civic space continues to
shrink. The multifaceted crisis in Myanmar continues to yield serious regional
implications, including displacement and the proliferation of illicit
activities. Since February 2021, more than 64,000 people have fled and remain
outside of Myanmar. More than 1.6 million people have been internally
displaced. Rohingya people remained displaced domestically and abroad,
including nearly 1 million Rohingya in Bangladesh. While peaceful opposition to
the military persisted, armed resistance expanded, adding to an already
precarious situation. There has been no meaningful action by the military to
address the root causes that led to the forced displacement of the Rohingya
population. The United Nations will continue to stand in solidarity with the
people of Myanmar and to support their democratic aspirations for an inclusive,
peaceful and just society and the protection of all communities, including the
Rohingya. As part of this effort, the Organization will seek to further
strengthen cooperation with the Association of Southeast Asian Nations towards
de-escalating the violence and reaching a sustainable political solution in
line with relevant General Assembly resolutions and Security Council resolution 2669 (2022).
I. Introduction
1. The present report is submitted pursuant to General Assembly
resolution 77/227, in which the Assembly requested the
Secretary-General to continue to provide his good offices and pursue
discussions relating to Myanmar, involving all relevant stakeholders, and to
offer assistance to Myanmar, and to submit a report to the General Assembly on
all relevant issues addressed in the resolution at its seventy-eighth session.
The present report covers the period from 15 August 2022 to 14 August 2023.
2. During the reporting period, the political, security,
humanitarian and human rights situation in Myanmar deteriorated further, and
socioeconomic conditions worsened, affecting regional stability, in particular
in terms of increased illicit activities. Armed conflict and violence continued
to intensify, displacing communities across Myanmar, with many seeking asylum across
borders. The devastation caused by Cyclone Mocha in May 2023 and access
constraints compounded multiple vulnerabilities in conflict-affected areas.
3. Myanmar remains extremely vulnerable to natural disasters,
including cyclones, flooding, extreme temperatures and droughts,
disproportionately affecting the most vulnerable. The collapse of many rule of
law and regulatory safeguards since the military takeover has also resulted in
the illegal exploitation of natural resources.
4. The Secretary-General and his Special Envoy continued to
condemn all forms of violence and reiterated calls for the military to respect
the will of the people, to refrain from repression and to act in the greater
interest of peace and stability in Myanmar and the region. In a statement ahead
of 1 February 2023, which marked two years since the military takeover, the
Secretary-General expressed his ongoing solidarity with the people of Myanmar
in support of their democratic aspirations for an inclusive, peaceful and just
society and the protection of all communities, including the Rohingya. He
called for the release of all those arbitrarily detained, including President
Win Myint and State Counsellor Aung San Suu Kyi.
5. The Secretary-General has called for neighbouring countries
and other Member States to leverage their influence over the military
leadership. The Secretary-General drew global attention to Myanmar as the
multifaceted crisis continued to unfold, including through his strong
condemnation of large-scale aerial attacks by the military and his expression
of deep concern about the ongoing political repression.
6. On 21 December 2022, the Security Council adopted
resolution 2669 (2022), in which it demanded an immediate end to all
forms of violence throughout the country and urged restraint and de-escalation
of tensions, while acknowledging the central role of the Association of
Southeast Asian Nations (ASEAN), including its five -point consensus on
Myanmar. The Council further urged the military to immediately release all
arbitrarily detained prisoners, including President Win Myint and State
Counsellor Aung San Suu Kyi, and reiterated its call to uphold democratic
institutions and processes and to pursue constructive dialogue and
reconciliation in accordance with the will and interests of the people of
Myanmar. The Council also requested the Secretary-General, in coordination with
the ASEAN Special Envoy, to report orally to the Council by 15 March 2023. The
Council convened a private meeting on 13 March 2023 and heard briefings from
the Minister for Foreign Affairs of Indonesia, in her capacity as the
representative of the ASEAN Chair, and from the Special Envoy of the
Secretary-General. The Council also met twice in closed consultations to
consider the situation in Myanmar during the reporting period.
8. On 15 December 2022, the annual General Assembly adopted by
consensus resolution 77/227 on the situation of human rights of Rohingya
Muslims and other minorities in Myanmar.
9. The Special Envoy briefed the General Assembly on 25 October
2022 and 16 March 2023, and called for regional unity and international
coherence in support of a process led by Myanmar to end the violence and return
to the path of democracy. The Special Envoy also emphasized the need for the
delivery of humanitarian assistance through all available channels and the
protection of civilians.
10. The Special Envoy visited Myanmar from 16 to 18 August 2022
and met with the Commander-in-Chief of the Myanmar armed forces, Senior General
Min Aung Hlaing, to press for full and unimpeded humanitarian access and stress
that progress depended on an end to the violence and visible and significant improvements
in the lives of the people of Myanmar. Following the execution of pro-democracy
activists in late July 2022, which the Secretary-General strongly condemned,
the Special Envoy urged the Senior General to impose a moratorium on
executions. She also reiterated the call of the Secretary-General for the
release of all political prisoners. The Special Envoy further highlighted the
responsibility of Myanmar to create conditions conducive to the voluntary,
safe, dignified and sustainable return of refugees. Her visit was preceded by
consultations with a range of stakeholders, including the National Unity
Government and key ethnic armed organizations.
11. The Special Envoy visited Bangladesh from 22 to 26 August
2022 to engage with refugees in Cox’s Bazar and highlight the need for greater
responsibility-sharing, while recognizing the continued generosity of that
country. On 21 and 22 February 2023, the Special Envoy visited Saudi Arabia to
discuss potential cooperation with the Organization of Islamic Cooperation on
educational opportunities for Rohingya refugees. The Special Envoy also visited
Indonesia from 4 to 6 April to strengthen cooperation with the ASEAN Chair and
the ASEAN Special Envoy on Myanmar. She visited China and India from 1 to 3 May
and on 9 and 10 May, respectively, to call for strengthened regional unity to
respond to the crisis in Myanmar.
12. The Secretary-General and his Special Envoy repeatedly
cautioned against proceeding with any electoral process without a genuine,
inclusive political dial ogue and conditions that permitted citizens to freely
exercise their political rights without fear or intimidation, as this risked
further exacerbating violence and instability.
13. On 11 November 2022, ASEAN leaders attending the fortieth
and forty-first ASEAN Summits reaffirmed the need to implement the five-point
consensus “in its entirety” and requested ASEAN foreign ministers to develop
“an implementation plan that outlines concrete, practical and measurable
indicators with a specific timeline”. In his address to ASEAN leaders, the
Secretary-General reiterated his support for ASEAN playing a vital role in
contributing to multilateral solutions to respond to the political, security,
human rights and humanitarian situation in Myanmar.
14. ASEAN leaders met again from 9 to 11 May 2023 and, in a
statement by the Chair, reiterated their “unified position” that the ASEAN
five-point consensus remained their “main reference” in addressing developments
in Myanmar, and supported the Chair’s continued engagement with all
stakeholders in Myanmar to find a peaceful and durable solution. In a statement
following their meeting of 11 and 12 July 2023, ASEAN foreign ministers “urged
all parties involved to take concrete action to immediately halt indiscriminate
violence, denounce any escalation, and create a conducive environment for the
delivery of humanitarian assistance and inclusive national dialogue”.
15. The United Nations is committed to staying in Myanmar and
addressing the multiple vulnerabilities arising from the actions of the
military since February 2021. Humanitarian and community resilience needs
increased significantly during the reporting period, while the United Nations
and other operational partners faced greater constraints and risks in delivering
assistance. Despite these factors, the United Nations continued to deliver
support to the people of Myanmar and scaled up the response, reaching 4.4
million people in 2022 and a further 1.8 million people in the first six months
of 2023. The State Administration Council continued to limit access to affected
populations in many parts of the country, including in the wake of Cyclone
Mocha, which caused significant damage in many parts of Myanmar. In May,
unidentified assailants attacked an ASEAN Coordinating Centre for Humanitarian
Assistance on Disaster Management convoy under military escort, underscoring
the challenges in delivering assistance in a complex security environment.
Since February 2021, the military has enacted numerous measures, including an extension
of the state of emergency and the introduction of martial law in 47 townships
as of the end of February 2023, alongside Internet shutdowns in over 20
townships, eroding civic space and restricting the exercise of human rights,
such as the rights to freedom of opinion and expression and freedom of peaceful
assembly and association. During the reporting period, the introduction of an
organization registration law established new, cumbersome administrative steps
to register and re-register civil society organizations and international
non-governmental organizations, and imposed severe criminal penalties for
non-compliance, including prison sentences.
16. Elections initiated by the State Administration Council
appear unlikely to occur this year. The military had pledged elections as part
of its five-point road map, but the efforts of the State Administration Council
to consolidate control included revisions to the election law that led to the
dissolution of some of the most popularly supported political parties,
including the ousted National League for Democracy. The extension of the state
of emergency, and the sustained offensive against the resistance, including
ongoing aerial bombardment in civilian populated areas, continued to drive
conflict and violence throughout the country.
17. The State Administration Council continued its engagement
with select ethnic armed organizations signatory to the Nationwide Ceasefire
Agreement, inviting their leaders to what it described as peace talks in Nay
Pyi Taw. Key ethnic armed organizations, especially those engaged in active
conflict, including several signatories to the Agreement, declined to
participate. The State Administration Council has excluded key resistance
movements, including the National Unity Government, as well as the National
Unity Consultative Council and the Committee Representing Pyidaungsu Hluttaw,
foreclosing the opportunity for genuine and inclusive dialogue. The State
Administration Council continues to designate the National Unity Government,
the Committee Representing Pyidaungsu Hluttaw, and the People’s Defence Forces
as “terrorist organizations”.
18. Ethnic states in border areas, as well as central Myanmar
regions, including Sagaing and Magway, remain among the most affected by armed
conflict, refl ecting sustained opposition to the Myanmar military. Resistance
forces, including selfdeclared People’s Defence Forces in these areas, have
increased their collaboration with established ethnic armed organizations, and
some of these forces have grown increasingly sophisticated, utilizing new
technologies and accessing regional arms markets. Some resistance groups are
also carrying out attacks on targets they perceive as pro-military as the State
Administration Council continues to support and reportedly increasingly rely on
militias that work alongside security forces. Such groups include the Pyu Saw
Htee militia, which includes military veterans and supporters active in Sagaing
and Magwe, as well as several other militias allegedly responsible for targeted
killings, notably of civilians, elsewhere in the country.
19. Despite efforts by the Myanmar armed forces to assert
control, popular support for the resistance persisted, which also affected key
allies, including the Border Guard Forces. In June, armed personnel from the
military-aligned Border Guard Forces in Kayah State broke ranks and fought
alongside resistance forces against military targets. The defection, assessed
by some as the first substantial defection from the Border Guard Forces since
the military takeover, reflected the competing pressures faced by some allies
of the Myanmar armed forces.
20. Throughout the reporting period, there continued to be
credible reports of aerial bombardments, large-scale burning of villages,
killings of civilians, and sexual and gender-based violence by the Myanmar
armed forces. There were also reports of resistance groups using violence and
committing human rights abuses. The Secretary - General has called on all sides
to exercise maximum restraint and to desist from any form of violence and focus
on reducing the suffering of the people as a prerequisite for sustainable
peace.
21. Reflective of growing social cohesion across ethnic and
political party lines, several key ethnic armed organizations, the National
Unity Government and civil society organizations articulated several proposals
aimed at fostering domestic political coherence and responding to the
increasing humanitarian and protection needs of the most vulnerable
communities, including by working with the Un ited Nations, ASEAN and
neighbouring countries.
22. For example, National Unity Government and National Unity
Consultative Council members, including representatives of women’s groups,
labour groups and ethnic armed organizations, formed a joint coordination
committee on humanitarian assistance to coordinate policy in relation to the
delivery of aid to communities affected by human-made and natural disasters.
The National Unity Government and several key ethnic armed organizations,
including the Chin National Front, the Karen National Union and the Karenni
National Progressive Party, conducted a joint humanitarian assessment of the
most vulnerable areas of Myanmar and shared it with international actors. This
group, together with humanitarian civil society organizations, continued to
promote an inclusive humanitarian forum led by Myanmar aimed at addressing
vulnerabilities through all channels, including credible, locally led
organizations.
23. In Rakhine State, there was some incremental improvement in
freedom of movement for the Rohingya owing to improved intercommunal relations
in certain areas. However, no discernible efforts were noted on the part of the
military to address the structural issues that impede the peace and prosperity
of Rakhine State and that disproportionately affect Rohingya communities.
24. Civil and citizenship documentation remained inaccessible
for the vast majority of the Rohingya owing to complicated and lengthy
procedures, as well as prohibitive costs. Citizenship application remains
contingent on possessing the National Verification Card or Identity Card for
National Verification, which continue to designate Rohingya as “Bengali”.
Rohingya communities continued to face significant challenges in registering
the births of their children and updating household lists, which affects their
freedom of movement, access to services, school enrolment and civil and other
key documentation, including with regard to housing, land and property.
25. Cyclone Mocha caused significant damage in Rakhine State,
with Rohingya in internally displaced persons camps among the worst affected.
The Office for the Coordination of Humanitarian Affairs estimated that almost
5.4 million people were in the cyclone’s path in Rakhine and north-west
Myanmar. In response, humanitarian partners issued a flash appeal to assist 1.6
million people in the affected areas, including 1.1 million already targeted as
part of the Myanmar humanitarian response plan for 2023. The combined
humanitarian response plan and flash appeal for 2023 would assist 5 million
people and require $887 million. As at 14 August 2023, the combined response
plan was only 25 per cent funded.
26. The retraction by the State Administration Council of
initial approval for the cyclone-related distribution and transportation plans
of the United Nations and the temporary suspension of travel authorizations for
humanitarian organizations in Rakhine impeded the humanitarian response and
compounded the already dire living conditions of the cyclone-affected
population. Despite restrictions, humanitarians reached almost 607,000 people
with food assistance in Rakhine, and more than 274,000 people with shelter
support, while support was provided in other areas, including health care,
nutrition, and short- and long-term recovery and communitybased resilience
support. The Resident Coordinator and Humanitarian Coordinator ad interim for
Myanmar called on the State Administration Council to urgently reconsider its
decision to deny access.
27. The Special Envoy of the Secretary-General on Myanmar,
Noeleen Heyzer, concluded her assignment on 12 June 2023. The Secretary-General
is thankful to Ms. Heyzer for her tireless efforts on behalf of peace and the
people of Myanmar.
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