A/HRC/28/72 (g) Ensure that the use of surveillance powers are justified in accordance with the law and in pursuit of a legitimate aim, and that law enforcement officials respect the principles of necessity, proportionality and non-discrimination, including through the establishment of judicial and parliamentary oversight of such powers. 65. Regarding political prisoners, the Government should: (a) Release all political prisoners, including those convicted under the Law on the Right to Peaceful Assembly and Peaceful Procession and article 505 (b) of the Penal Code following participation in peaceful protests, as well as journalists convicted under outdated defamation, trespassing and national security laws. Demonstrate a genuine commitment to ending the imprisonment of persons for political reasons; (b) Ensure that the newly constituted Prisoners of Conscience Affairs Committee is able to develop comprehensive terms of reference which enable it to consider all new and remaining cases of political prisoners. Schedule regular meetings of the Committee, and provide the Committee with unrestricted access to all places of detention and full authority to question prisoners in private, as well as State officials. Ensure the transparency of the Committee’s work, including through the regular issuance of public reports. 66. Regarding political participation and the upcoming elections, the Government should: (a) Ensure genuinely democratic elections can be achieved by ensuring human rights and fundamental freedoms can be exercised on an ongoing basis without discrimination, including the rights to freedom of opinion, expression, association and peaceful assembly in freedom from fear and intimidation; (b) Pursue greater efforts to increase the representation and participation of women as candidates and voters in the forthcoming elections, including through the introduction of mandatory quotas; (c) Find solutions to allow all habitual residents of Myanmar to vote in the upcoming constitutional referendum and general election; (d) Initiate meaningful democratic amendments to the 2008 Constitution, including articles 40 (c), 59, 74, 109 (b), 141 (b) and 232 (b). 67. Regarding discrimination against minorities and gender-based discrimination, the Government should: (a) Take urgent steps to address escalating extremist nationalist sentiment in the country by ensuring senior government officials speak out against instances of hate speech, and ensure the investigation of the extent of the harm caused to persons as a result of hate speech and incitement to violence and ensure that perpetrators are held to account; (b) Revise or withdraw the Population Control Healthcare Bill, the Bill Relating to the Practice of Monogamy, the Bill on Religious Conversion and the Myanmar Buddhist Women’s Special Marriage Bill, which do not meet international human rights standards and risk entrenching discrimination against women and minorities; (c) Pursue strategies to address poverty, maternal and child mortality and the use of birth spacing through public health education, including on sexual and reproductive health, rather than legal requirements that are contrary to international human rights law standards; 19

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