E/CN.4/1998/38
page 28
on active duty. Such recruitment was done after consultations with the local
authorities and based on three criteria: the civilians had to be unemployed;
physically fit to work as porters; and a reasonable amount of wages had to be
fixed and agreed upon before recruiting. Civilian labourers thus recruited
were never required to accompany the troops to the actual scene of battle,
neither were they exposed to danger. The respective military unit had the
responsibility of paying wages and transport charges and providing
accommodation, food and medical coverage for the hired labourers. There also
existed volunteer porters and professional porters who earned their living by
offering their services as porters. The porters were treated well by the
armed forces.
139. The Government further responded to general allegations transmitted
in 1996, concerning abuses said to have been carried out by the Democratic
Kayin Buddhist Army (DKBA), which was reported to receive logistical, tactical
and other support from the tatmadaw (E/CN.4/1997/7, para. 146). The
Government stated that the DKBA was the fighting unit of the Democratic Kayin
Buddhist Organization (DKBO), which broke away from the armed terrorist group
Kayin National Union (KNU) in 1994, due to dissatisfaction with the
leadership. When the KNU launched a massive offensive against the DKBO in
January 1995, during which hundreds of people, including civilians, were
killed, the local inhabitants had requested assistance from the tatmadaw. The
Government stated that, since the aspirations of the DKBO had revealed the
sincerity of their wishes for peace and stability of the region and coincided
with those of the Government, the tatmadaw had provided the necessary
logistical support. While the DKBA launched its assault on the KNU
headquarters, tatmadaw units secured the rear with the aim of protecting
nearby villages from attack by KNU remnants. Armed clashes had broken out at
times between the forces of the KNU and the DKBO. As the Government had not
yet held any official peace talks with the DKBO, and as the DKBO had yet to
return to the legal fold, the Myanmar authorities had no control over the
DKBO. Neither could the authorities be held responsible for the activities of
the DKBO.
140. The Special Rapporteur also transmitted to the Government six newly
reported cases, two of them collective, on behalf of eight individuals and
retransmitted a number of cases, submitted in 1995 and 1996, to which no reply
had been received. In addition, he made two urgent appeals in conjunction
with the Special Rapporteur on the situation of human rights in Myanmar on
behalf of 15 individuals and some unnamed relatives of two of them. The
Government replied to one newly reported individual case and 12 previously
transmitted allegations concerning 39 individuals.
Observations
141. The Special Rapporteur appreciates the responses of the Government.
Nevertheless, he notes the conclusions of the Special Rapporteur on the
situation of human rights in Myanmar that “the practice of torture, portering
and forced labour continue to occur in Myanmar, particularly in the context of
development programmes and counter-insurgency operations in minority-dominated
regions”. (A/52/484, para. 147)
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