A/51/536
English
Page 31
the Kachin population its basic social, human and economic rights and that the
profits extracted from the natural resources available were benefiting the
central Government. He also reported that most of the Muslim population of
Rakhine State were not entitled to citizenship under the existing naturalization
regulations and most of them were not even registered as so-called foreign
residents, as was the case with foreigners/stateless persons living in other
parts of Myanmar. In his conclusions, the Special Rapporteur stated that
practices of forced labour, forced portering, torture and arbitrary killings
were still widespread, especially in the context of the counter-insurgency
operations in ethnic minority regions. On the matter of internal deportations
and forced relocations, the Special Rapporteur concluded that government
policies violated the freedoms of movement and residence and, in some cases,
constitute discriminatory practices based on ethnic or religious affiliations.
Specifically, the Special Rapporteur recommended that the Citizenship Law should
not apply its categories of second-class citizenship, which had discriminatory
effects on racial or ethnic minorities, particularly the Rakhine Muslim
population.
Special Rapporteur on the promotion and protection of the right to freedom of
opinion and expression
122. The Special Rapporteur, Mr. Abid Hussain, in his report (E/CN.4/1996/39),
provided information on the allegations received concerning cases of violation
of the right to freedom of opinion and expression. He referred to
communications concerning Albania, Algeria, Argentina, Bangladesh, Brazil,
Cameroon, China, Colombia, Cuba, Democratic People’s Republic of Korea, Egypt,
Ethiopia, Gabon, Georgia, Indonesia, Iran (Islamic Republic of), Ireland,
Israel, Kenya, Lebanon, Malaysia, Mexico, Morocco, Myanmar, Nigeria, Pakistan,
Paraguay, Peru, Poland, Sierra Leone, South Africa, Sri Lanka, Sudan,
Tajikistan, the former Yugoslav Republic of Macedonia, Tunisia, Turkey, United
States of America, Viet Nam, Yemen, Zaire and Zambia. (Although the reports of
violations which occur were not disaggregated according to persons belonging to
minorities, inroads into the right to freedom of opinion and expression were
inevitably coupled with the erosion of the rights of persons belonging to
minorities either because the journalists, writers and press professionals
belonged to minorities, because factual information on situations involving
minorities was hampered or the press and the media were being used to propagate
ethnic or religious-based hatred against certain groups in society.)
123. In the annex to his report, the Special Rapporteur reproduced the
Johannesburg Principles on National Security, Freedom of Expression and Access
to Information, adopted on 1 October 1995 by a group of experts in international
law, national security and human rights. With particular reference to the
protection of the rights of persons belonging to minorities, the following
principles applied: principle 4, which stipulated that in no case might a
restriction on freedom of expression or information, including on the ground of
national security, involve discrimination based on, inter alia, race, language,
religion, national or social origin, nationality, birth or other status;
principle 6, which stated that expression might be punished as a threat to
national security only if a Government could demonstrate that the expression was
intended to incite imminent violence; and principle 9, which provided that
expression, whether written or oral, could never be prohibited on the ground
/...