A/HRC/43/18
Transitional justice policies that seek to strategically pursue truth, justice, reparations and
guarantees of non-recurrence have helped many deeply divided societies advance
peacebuilding and reconciliation in a victim-centred manner. In Myanmar, such a process
could help to achieve the societal transformation that is required to break the cycles of
violence and systemic human rights abuse, and building a foundation for sustainable peace
and development. In addition to ensuring accountability, such a process should include
national consultations, trauma-healing, memorialization, revision of educational curricula
including teaching of history, truth-seeking initiatives, reparation programmes, community
reconciliation initiatives, institutional reforms, etc. It is essential that victims, affected
communities and broader civil society are given opportunity to take an active role in
designing and implementing such strategy and process.
41.
The importance of an adequate, effective and comprehensive reparation programme
cannot be overstated, as a tangible means to remedy the harm suffered by victims, but also
as a recognition of the responsibility of the State and a powerful message of a commitment
to positive change. Reparations programmes that combine different kinds of benefits are
generally considered more effective, including forms of material (e.g. compensation,
provisions for education, health and housing) and symbolic reparation (e.g. official apologies,
commemoration initiatives, rehabilitation). Such programmes can include individual and
collective measures, benefitting entire communities. Pending the development of such a
comprehensive programme, emergency relief measures should be considered to address the
urgent needs of victims and avoid exposing them to further harm. Effective participation and
consultation of victims, taking into account the need for an intersectional approach to
overcoming exclusion, in the design and implementation of such programmes is critical.
42.
The full achievement of the rule of law, human rights, and democratic principles
requires fundamental structural reforms to ensure the non-recurrence of systematic human
rights violations. Without changes in the underlying, structural political, economic and
societal conditions that have contributed to systemic human rights abuse, development and
peace building efforts will remain ineffective.
43.
In addition to constitutional reforms, security sector and judicial reforms, creating
conditions for a vibrant and free civil society to thrive, are indispensable. The degree of
success of any constitutional reform, the peace process and national reconciliation will be
measured by the level of trust, ownership and legitimacy conferred on them by all
stakeholders, particularly minority communities. It is therefore paramount that these
processes are firmly grounded in a participatory approach through meaningful, public,
transparent, and institutionalized consultations with the widest possible range of actors to
facilitate social cohesion across multiple identity markers, such as ethnicity, religion and
gender65. The role of coalitions or networks of civil society organizations that go beyond the
traditional ethnic and religious identity lines, such as women’s groups, are critical in
countering the dominant narrative and in building understanding among communities.
44.
The role of the international community is to assist and encourage, to provide the
necessary resources and share knowledge and experience that may be relevant to the
Myanmar context, while taking a strictly principled position that prioritizes a human rightsbased, victim-centred and conflict sensitive approach. Ultimately, the reforms must be guided
by, and belong to, the people of Myanmar, in all their diversity.
Recommendations
45.
OHCHR reiterates the recommendations contained in previous reports by the High
Commissioner66 and other human rights mechanisms, including the Special Rapporteur on
65
In this regard, it is important to draw on the United Nations Security Council resolution 1325
(2000) on women and peace and security and general recommendation No. 30 (2013) on women in
conflict prevention, conflict and post-conflict situations of the Committee on the Elimination of All
Forms of Discrimination against Women, “Analyzing the Principle of Gender Equality adopted by
Union Peace Conference” by Women’s League of Burma, 2018, is also a useful resource.
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