It is observed that a combined briefing on reports on Myanmar by the United Nations Secretary General, Independent Investigative Mechanism on Myanmar (IIMM) and Special Rapporteur on the situation of human rights in Myanmar was held at the Third Committee (Social, Humanitarian and Cultural Affairs Committee) of the 78th United Nations General Assembly on 23 October 2023.
Myanmar highlights the fact that the report of the Secretary General contained in document no. A/78/278 dated 14 August 2023 was released before the new Special Envoy was named. General Assembly resolution 77/227 only requests the Special Envoy to report to Member States and to participate by way of an interactive dialogue in the seventy-eighth session of the General Assembly. Accordingly, the Secretariat does not have any mandate to issue such report while the post of the Special Envoy remains vacant.
Furthermore, it is observed that Mr. Khaled KHIARI, Assistant Secretary-General for the Middle East, Asia and the Pacific, Department of Political and Peacebuilding Affairs (DPPA) participated in the interactive dialogue. Myanmar finds that the act of the Secretariat blatantly abused the mandate of the Special Envoy is unacceptable. Such inappropriate acts of the Secretariat need the attention of the member states and Myanmar’s observations on the report of unknown author is made available to the member states.
Mr. Thomas Andrews, Special Rapporteur on the situation of human rights in Myanmar also briefed the member states on the same day on his report which bears a close resemblance to his other outrageous and unprincipled works which led to harm the peace and stability of the country and also misled the international community to Myanmar.
The Special Rapporteur seemed reluctant to acknowledge the actual numbers of innocent civilians brutally murdered by PDF terrorist groups, since thousands of victims were watered down as hundreds. The heinous crimes of PDF terrorist groups are gradually uncovered that even the Special Rapporteur can no longer conceal but to admit it. He claimed that there is no evidence of a figure of more than 6,600 innocent civilians killed by opposition groups, while such cases are well-documented and Myanmar shared the records with the international community through diplomatic channels.
Apart from referring to the narratives from anti-government and terrorist organizations, there is no admissible evidence of the Special Rapporteur’s own interpretation and reasoning that Myanmar is in breach of international law. Hence, Myanmar rejects irresponsible usages of “crimes against humanity”, “war crimes”, “international crimes” and “genocidal attacks” by the Special Rapporteur against the security forces without any evidence to support his claim.
The Rakhine issue is one of the most complex challenges and the Government has been striving to achieve a durable solution with the participation of all relevant stakeholders. From 1 to 2 September 2023, a diplomatic tour to Rakhine State led by Union Minister for Union Government Office (2) H.E. U Ko Ko Hlaing was organized to observe the preparations made at Taungpyo Letwe Reception Center, reception processes to be conducted at the center, preparation of housing units and land plots at Kyein Chaung (South) resettlement village as well as measures taken to provide humanitarian assistance during the temporary stay in the reception center. Myanmar and Bangladesh keep negotiating to kick-start the repatriation of verified displaced persons in accordance with the bilateral instruments and it has always been ready to receive the verified displaced persons.
The Special Rapporteur made inappropriate recommendations in connection with UN officials’ engagements with the government. It is incomprehensible what irritates the Special Rapporteur about a government which is following normal procedures and informs its official functions to the public. Furthermore, it is the core principle of the UN entities to provide assistance at the request of the country-concerned. Thus, there is nothing to blame for the engagement of the UN officials with the government.
The Special Rapporteur made certain references to the Security Council. While developments in Myanmar do not pose any risk to international peace and security, his reference to the Security Council to impose various measures against Myanmar is a deceitful act. The Special Rapporteur has been blatantly lobbing for the dissident groups and inciting the international community to impose for more sanctions. Such irresponsible recommendations indicate that he has no consideration for the welfare of Myanmar people who would mainly suffer the consequences. Myanmar’s observations on the report of the Special Rapporteur have been circulated to the member states.
Regarding the IIMM, Human Rights Council, which does not have prosecutorial power with no authority to establish such mechanism, creates IIMM beyond its mandate. Since IIMM was originated from politicized country-specific Human Rights Council resolution, Myanmar never recognizes and accepts the mandate of IIMM since its inception. The accuracy of so-called twenty three million pieces of information items said to be collected by IIMM remains unknown since a functional tool to scrutinize them is not mentioned. Moreover, IIMM has been openly receiving additional remuneration from certain governments though such practice is strictly prohibited for the United Nations Special Procedural mandate-holders. Therefore, IIMM merely serves as a tool to hatch a conspiracy against Myanmar to entertain the desire of its sponsors.
Myanmar categorically rejects the unfounded allegations and intrusive recommendations contained in the reports and discussions which are contrary to the principles of objectivity, non-selectivity and impartiality. The Government registers its appreciation to the friendly countries and the countries which express their understanding and constructive position towards Myanmar during the discussion.
Ministry of Foreign Affairs
Nay Pyi Taw
25 October 2023