A/HRC/16/59
displacement of populations, in particular those from the ethnic minorities. Remedying the
current situation of human rights is therefore fundamental to solving these problems.
45.
Tensions between the Government and other armed ethnic groups remain high. The
Kachin were excluded from the political process. The Wa and Mongla groups refused to
participate. There are reports of ceasefire groups re-arming in anticipation of resumption of
armed conflict. The Special Rapporteur has also received reports of sporadic fighting in
Kachin and Shan States in past months. The effect of such a resumption would be
catastrophic to the civilians in these areas. The Special Rapporteur urges the Government to
take appropriate measures to avoid armed conflict and to undertake the necessary political
steps towards national reconciliation.
46.
Recent reports of Rohingya arriving in Thailand by sea as they flee conditions they
have faced in Myanmar are of great concern to the Special Rapporteur. He has written
about the particular problem of endemic discrimination against the Muslim minority
population in Northern Rakhine State and the need to address the myriad human rights
violations that follow from this discrimination. The Special Rapporteur stresses the urgent
need for the Government, in any serious national reconciliation effort, to address the
particular needs of the ethnic minority populations who continue to suffer from a range of
human rights violations.
C.
Economic, social and cultural rights
47.
The transition to civilian rule raises the possibility of a brighter future for the people
of Myanmar; for this potential to be realized, the new Government must address many
urgent matters. Although all human rights are universal, indivisible, interdependent and
interrelated, the deprivation of economic, social and cultural rights looms large for
Myanmar. Economic, social and cultural rights are those human rights relating to the
workplace, social security, family life, participation in cultural life and an adequate
standard of living that includes access to food, water, housing, education and health care.
Failure to address systematic discrimination and inequities in the enjoyment of these rights
will undermine efforts to build a better future for the people of Myanmar. It has been noted
that transitional justice, in fact, should encompass not only measures to address gross
violations of all human rights during conflict but also the gross violations that gave rise to
or contributed to the conflict in the first place; many of these violations that engender
conflict are, in fact, failures to address economic, social and cultural rights.
48.
According to the 2010 Human Development Report of the United Nations
Development Programme, Myanmar ranks 132nd out of 169 States in the Human
Development Index, lagging behind all of its ASEAN neighbours on most socio-economic
indicators for poverty, health and education. The Government of Myanmar must address
this deficit in economic, social and cultural rights as an utmost priority. While the
international community should provide necessary assistance, both financial and technical,
it is foremost the responsibility of the State to ensure the promotion, protection and
fulfilment of these rights.
49.
Not all of these rights require financial resources, but they do require action. In
many cases, they require a re-alignment of priorities and a change of policies. The
elimination of discrimination on the basis of race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth, disability or other status is a key
starting point. Actions that do not require State expenditure include respecting the right to
form and join trade unions or ending forced evictions of people from their homes for
extractive industry and other projects.
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