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Myanmar’s Response to the report of the High Commissioner for Human Rights on the situation of human rights in Myanmar at the 54th Session of the Human Rights Council MOFA September 28, 2023(Nay Pyi Taw)

– The report of the High Commissioner for Human Rights contained in document A/HRC/54/59 was issued shortly before the Interactive Dialogue which is scheduled to be held on 26 September 2023. Myanmar views that the duplicated reports and discussions are the unnecessary products of counterproductive mandates created by certain countries to interfere in internal affairs of the country against the principles of objectivity, non-selectivity and impartiality.

– Upon the request of OHCHR, Myanmar, as a country-concerned, has duly provided its responses and verified facts concerning the questionnaires prepared by the Office. Regrettably, the selective and biased approach exercised by OHCHR which intentionally omits the verified information provided by the Government becomes the detrimental behavior and questionable conduct committed by OHCHR in drafting the report.

– The report highlights the incident near Pa Zi Gyi village in Kantbalu township, Sagaing Region. It was informed that the opening of the headquarters of NUG/CRPH and the PDF terrorist groups near Pazigyi village in Kantbalu Township would be held on 11 April 2023. In order to prevent collateral damage, the Tatmadaw (Armed Forces) carefully calculated the distance between the village and the said stronghold, and carried out counter-terrorism operation by air with maximum restraint. It was learnt that PDF leader and members of terrorists were found dead. It was also observed that a large explosion caused by the explosion of the arsenal used by those terrorist groups at the place may lead to loss of lives.

– In connection with alleged incident in Nyaung Kone village, Pale Township in Sagaing Region, the Office failed to verify it with the Government and Myanmar could not validate the allegation and provide information due to time constraint.

– From 1 February 2021 to 31 March 2023 in the Sagaing Region, 1593 innocent people, 92 administrators, 26 teachers, 198 members of Myanmar Police Force, 7 medical staff, 54 other staff and 28 monks were killed. 9 innocent people were killed and 62 residential places were destroyed in Pauk Gone, Kantbalu Township on 30 March 2023.

– Another incident mentioned in the report is relating to A Nang Pa, Hpakant township in Kachin State. A Nang Pa is the base of KIA Brigade -9 (armed organization) and it is neither the place where the people reside nor reach but restricted to the public by the KIA. Reports on the aerial attack which resulted in the death of civilians disseminated through online media and social networks are propaganda campaigns by the KIA which itself released the list of its deceased members along with their ranks.

– Regarding the alleged Nyaung Pintha incident, the authorities concerned have investigated whether the alleged incident has occurred. It was found out that there was no attack on the ground and Tatmadaw army column did not go there. However, media which support terrorists in collaboration with the so-called NUG and PDF terrorist groups has disseminated false information in order to inspire and motivate terrorists and their supporters.

– Similarly, OHCHR did not verify the accusations contained in paragraphs under the subtitle “B. Mass killings during ground operations”. The OHCHR made allegations by referring so-called “independent sources”, “villager”, “witness”, etc. At the absence of proven evidences, the question of how the Office determines whether certain individual is independent or villager or witness on which basis remained unanswered.

– The paragraphs contained under the subtitle “B. Burning” are the reverse of the situation on the ground. From 6 December 2021 to 11 July 2023, the terrorist groups have torched a total of 19 villages from 9 townships including 18 villages from Ayadaw, Pale, Chaung U, Kanbalu, Taze, Shwebo, Sagaing, Monywa townships in Sagaing region and one village from Pauk township in Magway region. While the report makes reference to satellite images which are in no way to reveal the perpetrators, pointing finger at the state security forces further indicates the professional deficiency of the author of the report and subjectivity of the Office.

– The report however stated, “Their verification is affected by the overall security situation… and the challenges in identifying the perpetrators…” when it comes to report about the massive killings and terrorist acts committed by the so-called PDF under the control of the NUG terrorist groups. The report further mentioned that it could not independently verify the information provided by the Government while the atrocities committed by the terrorist groups are well documented and shared with the international community occasionally. The report not only dilutes the horrible crimes committed by the PDF terrorists but also attempts to justify their armed attacks on Thingyan water pavilions in Loikaw, Kayah State as if revenge for incident in Pa Zi Gyi.

– In connection with Myanmar’s response to cyclone Mocha, the Government started preparations about 10 days before the Cyclone hit Myanmar. An emergency meeting of the National Disaster Management Committee was convened on 6 May 2023 and activated all the necessary emergency mechanisms. The UN/INGOs based in Sittwe are allowed to conduct their regular activities in cooperation with the representatives from the departments concerned and the Rakhine State Government. Some friendly and neighboring countries such as Bangladesh, Cambodia, China, India, Indonesia, Russia, Sri Lanka, Thailand and Pakistan provided in cash and in-kind assistance respectively to fulfill the urgent needs of the community affected by the Cyclone Mocha.

– In fact, Myanmar has provided the facts requested by the OHCHR since July 2023 along with the verified information in connection with certain incidents. Nonetheless, the report adds numerous paragraphs and alleged incidents which were never verified with the Government. Furthermore, the Office released the report only one working day before the Interactive Dialogue with the High Commissioner and creates unacceptable time constraint to verify the allegations and respond to.

– In light of above reasons and principled position of opposing country-specific mandates, the Government rejects the report entitled “Situation of human rights in Myanmar” including elements contained in paragraph 6 and 63.

26 September 2023

Permanent Mission of the Republic of the Union of Myanmar to the United Nations Office and other International Organizations

GENEVA