A/HRC/16/59
stigma and discrimination continue. Punitive laws and practices drive people who use
drugs, sex workers, men who have sex with men and transgender people away from HIV
services. These laws and practices, including illegal police activity (arbitrary arrest,
harassment and violence), are barriers for access to HIV-prevention education, information,
treatment and care services and commodities. There are also cases of detention of alleged
drug users in non-voluntary centres without due process, evidence-based treatment or
minimum standards of care. While the participation of civil society in HIV response has
increased over the past three years, there continue to be problems with the registering of
community-based groups and local NGOs which provide HIV-related services. The Special
Rapporteur calls on the Government to take active measures to address these problems that
hamper a robust response to this health crisis, an obligation of the Government in ensuring
the right to health.
IV.
Conclusions
97.
The human rights situation remains serious, but in this historic moment for
Myanmar, there are opportunities for positive developments that will require political
will on the part of those authorities who control decision-making as well as active
participation by all stakeholders. As the elections did not guarantee the inclusion of
some important sectors of society, particularly from some of the ethnic minorities and
the political opposition, it is crucial to implement effective remedies to ensure that
their voices are heard. National reconciliation is a difficult process that cannot be
short cut. As the Special Rapporteur has stated before, moving forward requires not
only ending current human rights violations, but also ensuring accountability for past
violations, which includes access to truth. Human rights must be placed at the core of
the priorities of the new Government.
98.
Myanmar was once the breadbasket of South-East Asia and the envy of its
neighbours. Likewise, the education system of Myanmar was reputed to be among the
best in the region. Myanmar is now the poorest country in the region in terms of social
and economic development. Responsible investment in the economy, particularly
investment in the most valuable resource of all—human resources—is urgently
needed. In fact, Myanmar has the financial resources necessary to have an immediate
impact on this situation. If the country already has the means to finance the necessary
investments for economic and social development, then it is a matter of deploying
these resources for the benefit of the people of Myanmar.
V.
Recommendations
99.
The Special Rapporteur repeats several of the recommendations he has made
in past reports as they remain valid today.
100. The Special Rapporteur reiterates the importance of the four core human
rights elements, detailed in his 2008 report to the General Assembly (A/63/341).
101. The Special Rapporteur urges the Government to release all prisoners of
conscience unconditionally and immediately.
102. The Special Rapporteur recommends that the Government take seriously the
wide-ranging calls for a more inclusive political process. As important stakeholders,
like all citizens of Myanmar, have the right to freedom of expression, freedom of
association and political participation, the Special Rapporteur encourages the
Government to find the means to include all parties in the national reconciliation and
transition processes.
19
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