(Geneva, 18 March 2025)
General Observations
1. The so-called Special Rapporteur on the situation of human rights in Myanmar fails to follow Article 8(d) of Human Rights Council resolution 5/2 which required the Special Rappourteurs to give representatives of the concerned State the opportunity of commenting on mandate holders’ assessment and of responding to the allegations made against this State, and annex the State’s written summary responses to their reports.
2. In addition, the report contained in document no. A/HRC/58/64 submitted to the 58th regular session of the Human Rights Council was released on 14 March 2025 which is only three working-days before the Interactive Dialogue on Myanmar on 19 March 2025. The report was not shared with Myanmar in advance, for its comments and observations in violation of Article 13(c) of the code of conduct as a usual tactic to prevent the country concerned from providing accurate information.
3. Furthermore, the report does not include any information on his visits to the countries in the region and beyond including many undeclared visits since it is learned that all thematic and country-specific mandate holders are allocated funding for only one visit due to financial cuts. It not only affects the transparency and conflict of interest of the Special Rapporteur but also influences his conclusions and recommendations.
Observations on certain paragraphs
Armed Attacks by Terrorist Groups
4. Reference is made to paragraphs 5 and 6 and paragraphs under subtitle II. While the report praises the violence and armed attacks committed by armed terrorist organizations as if success of resistance groups, the people of Myanmar who inspired for democratic future realize that democracy could not emerge from such brutal armed groups. The local population has witnessed their inhumane acts including but not limited to killings, maiming, recruiting, extorting, intimidating, destroying and stealing public and private properties, bulldozing cultural heritages and historic monuments. These reports are publicly available with accurate information. Infights among armed groups for territory and revenues have been revealing since these groups are nothing to do with democracy but they take political instability as advantage while radical politicians incite youths to take up arms instead of lawfully resolving electoral irregularities.
5. On 2 September 2024, the Anti-Terrorism Central Committee of Myanmar has declared the Myanmar National Democratic Alliance Army (MNDAA), Ta’ang National Liberation Army (TNLA) and the Arakan Army (AA) as terrorist groups. MNDAA, TNLA and AA insurgents launched coordinated attacks against security posts, towns and villages in northern Shan State and Rakhine State in October 2023. KIA and PDF terrorists attacked Myanmar-China border areas in Kachin State and some towns in Sagaing Region whereas KNU and PDF terrorists targeted Kataiti, Mepali, Anankwin and Kawkareik areas in Kayin State. CNF insurgent operates with PDF terrorists and launches attacks in Chin State where towns like Mindat, Kanpelet and Falam experienced damages and casualties. As of 28 February 2025, the terrorists have claimed the lives of 8,788 innocent civilians including 327 children, 110 teachers, 24 healthcare workers, 117 monks and 2 nuns and 1,197 administrative staffs in different townships. Moreover, the public facilities including offices, banks, roads and bridges, hospitals and clinics, schools and telecommunication infrastructures are also destroyed by terrorist groups. The terrorist groups have sabotaged 1,297 roads and bridges, 77 hospitals and dispensaries and 828 schools and educational buildings.
6. Although the report largely puts the blame on Tatmadaw, it admits attacks by the terrorist armed groups target towns and villages. Armed terrorists have been launching attacks by using residential areas and public buildings and they further use civilians as human shields. The Government has been dealing with current violence and terrorist attacks by exercising maximum restraint in accordance with the Rules of Engagement. The Rules of Engagement Cards (RoE cards) which incorporated the provisions of relevant national laws and applicable international law, are issued to every rank of military personnel and awareness trainings and legal education sessions have been organizing for military personnel. Any violation of these laws are addressed and handled effectively according to established procedures. Despite the report slightly mentions atrocities committed by terrorist groups in light of public anger and resentment, it largely covers up the factual account of what is happening on the ground. Such intentionally omission of concrete information shed the light on subjective nature of the report and the mandate as a whole.
7. Reference is made to paragraph 24. With regard to the Budalin incident, daily newspapers reported that security forces launched operation over suspicious movements of terrorists in Sipar village on 17 October 2024 and the terrorists fled from the village. After security forces have left, the terrorists returned to the village on 18 October 2024 and brutally killed six villagers. They further dismembered victims and placed body parts on the top of a fence by terrorizing the villagers as so-called punishment for being alleged informers to security forces. The incident was just opposite to the report.
8. Reference is made to paragraph 27. Despite not joining the Ottawa Convention, Myanmar is a country which consistently opposes the use of anti-personnel mines. The Mine Risk Education Working Group was established in 2012, led by the Ministry of Social Welfare, Relief and Resettlement, in coordination with other related ministries, including the Ministry of Defence, UNICEF, NGOs and INGOs. Currently, the mine risk reduction advocacy programs are being implemented by state-level mine risk education working groups in Kachin, Kayah, Kayin and Northern Shan State, working together with UNICEF, NGOs and INGOs. Myanmar organized a total of 36 workshops and meetings on mine risk education across various states and regions from 2014 to 2024. Related ministries and NGOs conducted Knowledge, Attitude, Practice (KAP) surveys on the risks of unexploded remnants of war (ERW) in 69 villages located in mine risk areas such as Kayah, Kayin, Rakhine, Tanintharyi and Mon states and Eastern Bago region. Concerning the Humanitarian Demining, ten officials of the Myanmar military engineering office attended two mine clearance trainings provided by the International Mine Clearance Center of the Russian Federation in 2021, and 127 military officials participated in the meetings, trainings and workshops related to humanitarian demining organized in 13 countries. Humanitarian mine clearances were undertaken in 15 villages of Waingmaw, Chipwi, Momauk, Sadong townships of the Kachin State for resettlement of the people from IDP camps. Mine clearance was conducted for a total of 1836 times and destroyed 40,629 mines from 2011 to present.
9. Reference is made to paragraph 7 and paragraphs under subtitle III. Reference is made to paragraphs 29 to 33. The paragraphs are repetitive of previous reports along with several redundant news releases made by the so-called Special Rapporteur and the High Commissioner for Human Rights and Myanmar has provided its comments accordingly. The generalized allegations do not provide any concrete facts to support the claims. In connection with Byain Phyu village, AA terrorists circulated fabricated news that 40 persons were killed by security forces at Byaingphyu Village, Sittwe Township. On 29 May 2024, while security forces were interrogating the suspected non-residents in the Byain Phyu village, three of them attempted to grab the rifle of a member of the security forces to attack him. In a rescue attempt by security personnel, they were shot dead.
10. Reference is made to paragraphs 35 and 124. The paragraphs clearly show the intent of the so-called Special Rapporteur advocating unlawful terrorist organization. The paragraphs show the side taken by the author disregard of the principles of the Human Rights Council namely impartiality and objectivity. Myanmar reminds the so-called Special Rapporteur that it will not tolerate any attempt to infringe sovereignty and territorial integrity of the country.
11. Reference is made to paragraphs 3, 37, 38, 39 and 45 in connection with humanitarian assistance in Rakhine State. Rakhine State is the one where most international organizations were concentrated and the Government as well as regional government facilitated different forms of requests. In light of intensified attacks by AA terrorist group in Rakhine State, Myanmar assists the relocations of the international organizations due to security concern along with innocent people who have been displaced to the areas where terrorists cannot penetrate. It clearly indicates the fact that people feel safe and secure under the protection of state security forces. From the part of Government, it has allocated over 2.5 thousand tons of rice for displaced persons in Rakhine State and over 1.2 thousand tons have distributed while delivery of the remaining over 1.3 thousand tons is underway. Myanmar calls clarification from UNDP to explain the methodologies it has adopted to reach such conclusion including reported potential famine in Rakhine State taking into account of the nature of the report which does not fall within the mandate and competence of the organization.
12. Reference is made to paragraphs under subtitle IV. Rice production of Myanmar in 2020-2021 was 1,256 million baskets from 17.20 million acres of paddy cultivation and in 2023-2024 was 1458.19 million baskets from 17.74 million acres. In addition to the fact that Myanmar is a self-sufficient country, it exports 2.5 million tons of rice every year. However, Myanmar experiences increase of food price due to economic restrictions imposed by certain western countries against state-owned enterprises leading delayed payments, higher costs including bank charges, limited ability to integrate in the global market, decreased trade value, higher price of essential imports including medicine and fuel, higher import costs affecting domestic manufacturing.
13. Reference is made to paragraph 56. Currently, there are 16 UN agencies in Myanmar with field presence in all states and regions across the country. In 2024, in accordance with the Registration of Association Law, 49 INGOs and 3,935 NGOs have registered. As of December 2024, approximately 370 international staffs and 10,236 Myanmar national staffs are working for the UN Agencies and INGOs in Myanmar. According to the data provided by relevant Ministries, there are altogether 68 projects currently run by the UN agencies and 186 projects run by INGOs, covering every State and Region. Travel access including entry visas, stay permit extensions and signing or extending of MOUs/ LOAs has been facilitated for the AHA Centre, UN agencies, international organizations, international non-governmental organizations and donors for their field visits and humanitarian activities depending on security conditions. Thus, almost no incident of causalities or injury of the UN and INGO staffs are reported so far. Regarding the access, the Government facilitated over 1,081 times of travel access to UN agencies and more than 290 visits of embassies throughout Myanmar from 2021 to 2024. The Government has facilitated 30 official visits of senior officials of the UN and International Organizations since 2021 including President of the International Committee of the Red Cross (ICRC), Deputy Executive Director of UNICEF, Assistant Secretary-General and Director of UNDP, Deputy Executive Director of UNOPS, Regional Directors of WFP, UNOPS, Emergency Directors Group (EDG) of the Inter-Agency Standing Committee (IASC) in 2024 and 2025.
14. Reference is made to paragraphs under subtitle V. The accusations without concrete evidence of recruitment under the People’s Military Service Law of 2010 were made in the report. Bylaws for the People’s Military Service Law of 2010 was enacted on 23 January 2025 and since the notification of the effectiveness of People’s Military Service Law of 2010 on 10 February 2024, the information relating to the recruitment has been publicly announced in daily newspapers. Anyone who has the knowledge of forced recruitment can file a complaint to the Central Body for Summoning People’s Military Servants and actions have been taken in case of non-compliance with the Law. For instance, civil servants from Shwe Bo township have been facing legal measures for their involvement in extortion case in January 2025 and details have been released to the public.
15. Reference is made to paragraphs under subtitle VI. In Myanmar, like other countries, people who violate the existing law have to face with legal action. The paragraphs only include narratives which can be invented by anyone at any time while the Prison Department has been verifying and informing public on actual accounts of allegations reported in different media platforms. For instance, the Prison Department addressed the allegations at spread of diarrhea in a prison in Mandalay in January 2025. In fact, only four prisoners visited outpatient department in January 2025 for diarrhea. Myanmar cannot verify the vague accusations which lack facts. According to Article 43 of the Myanmar National Human Rights Commission (MNHRC) Law, MNHRC visits prisons and detention centers to ensure that prisoners are treated in accordance with domestic laws and applicable international law. Furthermore, Myanmar National Human Rights Commission made 20 prison visits and 183 recommendations in 2021, 39 visits and 309 recommendations in 2022, 14 visits and 124 recommendations in 2023 and 18 visits and 108 recommendations as of August 2024. The Commission studies prison conditions and treatment of prisoners, independently meets the prisoners who make such requests and invites anyone who wishes to file the complaint of human rights violations. Furthermore, ICRC has resumed its prison visits and it has visited Sittwe, Myitkyina, Kyeikmayaw Mandalay, Nyaungshwe and Insein Central prisons in 2024 and Pathein and Thayarwady prisons in January and February 2025. In commemoration of the 77th Anniversary of Myanmar Independence Day which falls on 4 January 2025, a total of 6,044 prisoners including 180 foreign prisoners had been granted pardon based on humanitarian grounds. 144 prisoners serving life sentences had their sentences reduced to 15 years. One-sixth of the remaining sentences to be served for all offenses, except for seven designated offenses had been granted pardon. Since 2021, amnesty is granted to 99,671 prisoners.
16. Reference is made to paragraphs under subtitle VII. With regard to transnational organized crimes, Myanmar puts tireless efforts in combating online scamming and human trafficking. The Government is actively working in fight against online scams, rescuing individuals who have been forced into these operations and repatriating them to their home countries. From October 2023 to January 2025, a total of 55,711 trafficked victims were transferred to their respective governments. Coordination meeting to establish a system to combat telecom fraud and to facilitate the transfer of those who involved in illegal activities was held among senior officials from Myanmar, China and Thailand in February 2025. From 30 January to 13 March 2025, the Government verified 6,015 foreigners who illegally entered the country and 3,213 of them were transferred to their respective countries via Thailand. The remaining 2,802 are also ready to be transferred. Some Ethnic Armed Organizations (EAOs) are heavily reliant on transnational organized crimes including online scamming, narcotic trade, human trafficking and smuggling, illegal extraction and exporting scarce natural resources for their own interest.
17. With regard to online scamming, Myanmar found out that the criminal networks are active not only in Myanmar but also in other countries in the region and most of the perpetrators are not Myanmar citizens. Similarly, the criminal networks target the population outside of Myanmar. Such groups, however, use certain remote areas in Myanmar’s territory. Due to such transnational nature of criminal activities, Myanmar has been working with neighbouring countries. Incomplete narrative portrayed by the report to discredit the Government of Myanmar questions the professionalism of the author.
18. Reference is made to paragraphs under subtitle VIII. As publicly announced in the Five-Point Roadmap of the State Administration Council, Myanmar is committed to hold a credible, free and fair multi-party general election in a transparent manner. Subsequently, the State responsibilities will be transferred to the winning political party in accord with the State Constitution 2008. Population and household census was conducted in October 2024 as the baseline for voter lists. As of 27 February 2025, 56 political parties have registered. The Union Election Commission has held several meetings with political parties and discussed the implementation of a mixed electoral system, combining the First Past The Post (FPTP) system with a Closed List Proportional Representation (PR) system among others. Although some countries and UN mandate holders call on Myanmar to restore democracy, they reprehend the endeavours of the Government to hold free and fair election. Elections are fundamental and a prerequisite for a genuine democratic system. Myanmar categorically rejects the prejudgment made by the Special Rapporteur regarding the forthcoming elections.
19. Reference is made to paragraphs under subtitle IX. It needs to be acknowledged that the destructive acts of the terrorist groups CRPH, NUG and PDFs destroyed 656 telecommunication towers and resulted disruption of service to millions of people in Myanmar since 2021. The damage of some Base Transceiver Stations (BTS) inflicted a halt of telecommunication services in a broad area since they are connected to 5 to 10 telecommunication towers. Connections are interrupted repeatedly along the line where the Fibre Optic Cable lines connecting the BTSs were destroyed. Repair works of the Fibre Optic Cable lines were delayed due to terrorist attacks and it caused long period of connection lost. Other causes of protracted connection loss include fuel being looted by terrorist groups in some BTS sites and the abduction and torture of company staffs responsible for refueling the stations.
20. Reference is made to paragraphs under subtitle X. The so-called Special Rapporteur again provoked member states to impose unilateral coercive measures against Myanmar in contrary to the international law and the UN Charter. The only competent body of the United Nations to make such recommendation is the United Nations Security Council while the recommendations contained therein go far beyond the mandate of the Human Rights Council in addition to the fact that none of the United Nations bodies has mandated the so-called Special Rapporteur to make such insulting recommendations.
21. Reference is made to paragraphs under subtitle XI. The report makes several references to unfounded allegations with no supporting evidence to reach desired conclusions. No matter how much the report claims such information come from reliable sources, it is undeniable that these reports come from various organizations enjoying support from the western group in addition to the narratives from armed terrorist groups. It is also the case for the issue at the ICJ since crises created by developed countries have put enormous challenges to developing world across the globe. It is time to realize that dancing to the tune of those with political agenda should stop. Myanmar, not being a party to the Rome Statue, it is under no obligation to recognize the statements of the ICC.
22. Reference is made to different figures developed by UN agencies. Myanmar does not agree the figures contained in the report since Myanmar never receives acceptable explanations from relevant UN agencies of methodologies in developing such exaggerated numbers.
23. Reference is made to paragraphs under subtitle XII. In light of political nature of the mandate, it is not surprised to see the conclusions. Such false information not only mislead the international community but also exacerbate the instability within the country. While the people inspire for democratic Myanmar become realize the danger posed by armed terrorist organizations, it is important for the international community to be part of the solution. Since the so-called Special Rapporteur has no authority to dictate how member states should treat Myanmar, the Government strongly rejects the recommendations and the report as a whole.
Permanent Mission of the Republic of the Union of Myanmar to the United Nations Office and other International Organizations
Geneva
18 March 2025