Compilation of all recommendations made by the Independent International Fact-Finding Mission on Myanmar, to the
Government of Myanmar, armed organizations, the UN Security Council, Member States, UN agencies, the business
community and others in English
(e)
require the National Defence and Security Council to have a clear majority of
members who are not and have not been military officers and specify the functions and
responsibilities of the National Defence and Security Council;
(f)
require parliamentary approval of all funding for the Tatmadaw and prohibit
any income for the Tatmadaw that is not under parliamentary control; consequently,
remove the Tatmadaw from Myanmar’s economic life, prohibiting it by law from engaging
in any form of economic activity and prohibiting serving Tatmadaw officers from having a
controlling interest in any economic ventures.
35.
An independent and impartial system of military justice should be established by
law to deal with disciplinary matters. Conduct amounting to alleged violations of
international human rights law, international humanitarian law, or international crimes
should be tried in the civilian judicial system. This system of military justice should be
independent from the Commander-in-Chief. There should be a process of appeal from the
military courts to a civilian appeals court (A/HRC/39/CRP.2);
36.
An independent, external body should be established to receive, investigate and
determine complaints and allegations, from civilians or from members of the Tatmadaw or
other security forces, of wrongdoing by them without fear of reprisals (A/HRC/39/CRP.2);
37.
The Police should be re-established as a professional civilian entity independent of
the Tatmadaw with responsibility for the maintenance of law and order internally in
Myanmar. The Directorate of People’s Militia and Border Forces should similarly be
removed from the Tatmadaw structure and placed under civilian authority. The law should
clearly define and distinguish between military responsibilities and police responsibilities
and prescribe the conditions under which the Tatmadaw may take action instead of or
alongside the police (A/HRC/39/CRP.2);
38.
The Tatmadaw should adopt rules of engagement that require it to protect and
safeguard civilian life and property and ensure the humane treatment of opponents, in line
with international law. Military strategies that entail the targeting of civilians or their
property, should be prohibited. All military and other security forces’ policies, rules of
engagement and training should be reviewed and revised to ensure full consistency with
international human rights law and international humanitarian law obligations. They should
be published and disseminated widely (A/HRC/39/CRP.2);
39.
Military and police personnel should be subject to stringent human rights vetting.
All current security sector personnel should be vetted to ensure that anyone who is subject
of credible allegations of serious human rights violations is, at minimum, removed from
positions of authority and is not eligible for promotion or for appointment to a civil service
position or to an international representative role. All prospective security sector personnel
should be subject to human rights vetting as part of the recruitment process
(A/HRC/39/CRP.2);
40.
No Tatmadaw or other security forces personnel should be eligible for a United
Nations peacekeeping or policing role until and unless the Tatmadaw and other security
forces are re-structured, vetted and transformed in accordance with these recommendations
(A/HRC/39/CRP.2);
41.
Military and police personnel should be trained in international human rights law
and international humanitarian law, in particular in relation to the treatment and protection
of civilians; police training should focus on civilian police functions, including community
policing and crime prevention and investigation. It should include specific training modules
on the use of force in compliance with international human rights norms and standards,
including in the context of the management of protests and demonstrations. All military and
police training manuals should be public documents to promote accountability and
transparency (A/HRC/39/CRP.2);
42.
The Tatmadaw must end the systemic practice of forced labour. Any persons
currently held for forced labour should be released immediately and returned safely to their
homes (A/HRC/39/CRP.2);
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