A/HRC/16/59
Special Rapporteur notes that many of the current prisoners of conscience are former
student leaders.
76.
Furthermore, the country’s universities lack research and laboratory facilities and
expertise. According to reports, many people in Myanmar believe that the best-functioning
higher education institutions are those affiliated with the Defence Services, which are
reserved for those intending to pursue a military career. This creates a two-tiered system of
higher education in which the majority of the population cannot access high-quality
training.
77.
As regards economic, social and cultural rights, a central aspect of the State’s legal
obligations is the principle of “progressive realization”. Myanmar must take appropriate
measures towards full realization of the right to education to the maximum of the available
resources. Compliance is assessed in the light of available resources, which is explicit in
article 4 of Convention on the Rights of the Child. In contrast to other developing countries,
Myanmar appears to have the means to pay for education. It seems that the considerable
funds generated by the Government’s exploitation of natural resources are not being used
for this purpose.
78.
It has been noted that the multi-billion-dollar profits from natural gas sales to
Thailand have not been used to improve the educational infrastructure in the country.
According to reliable sources, these revenues appear to be stored in offshore bank accounts,
outside the national budget. Enormous amounts of revenue are expected to be generated
from pending natural gas sales to China through the Shwe gas pipeline. These revenues
from natural resource extraction should be used for improving the socio-economic situation
of the people of Myanmar. The new Government must address the prioritization of
economic, social and cultural rights. There will have to be fundamental changes to how the
Government manages its budget. The funds from the sale of natural gas are estimated to
account for 70 per cent of the country’s total foreign exchange reserves, with sales totaling
around $3 billion annually. If these funds had been included in the State budget, they would
have accounted for 57 per cent of the total budget revenue. Instead, they contributed less
than 1 per cent of total budget revenue, with much of this revenue reportedly never entering
Myanmar.5 These funds need to be included in the Government’s budget and managed
transparently with proper checks and balances.
79.
In its general comment No. 13, the Committee on Economic, Social and Cultural
Rights notes that “education is recognized as one of the best financial investments States
can make” (para. 1).
80.
There are some examples of positive developments, which include mobile schools,
special classes for over-age children in primary classes and voluntary night schools for
children. Another positive development is the provision of education and training outside
the State education system by civil society groups and NGOs, with the tacit or explicit
permission of the Government. The Special Rapporteur notes that the right to education
includes parental freedom to choose education other than that provided by the State and the
right of private individuals to establish schools different from State schools. Nevertheless, it
is primarily the Government’s responsibility to fulfil this crucial human right and to deploy
the necessary resources to do so.
81.
The Special Rapporteur would like to highlight the issue of accountability
mechanisms. In order to monitor Government efforts to implement the right to education,
the people of Myanmar should have access to complaints mechanisms that would be
5
16
Earthrights International, “Revenue transparency in Burma”. Available from
www.earthrights.org/campaigns/revenue-transparency-burma-0.
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