A/HRC/28/72
B.
Political participation and the electoral process
21.
During her visit, the Special Rapporteur found preparations for the forthcoming
national elections well under way, with good cooperation between national electoral bodies
and international electoral advisors from various organizations. From a human rights
perspective, there are several issues that need to be addressed in order for the elections to
attain the international standards of being transparent, inclusive, participatory, free and fair.
As noted above, the legal framework governing the rights to freedom of expression and
peaceful assembly requires greater consistency with international standards. In the lead-up
to the elections, particular efforts should be made to widen the space for free and open
public debate by all sections of the community. Members of groups that have traditionally
been marginalized, such as ethnic and religious minorities, and women, should be
particularly encouraged to run for public office and engage in public discussion on electionrelated issues. In a new and aspiring democracy, it is essential that all members of the
public are able to develop informed opinions, independently and without coercion,
manipulation or retribution.10
22.
On 30 September 2014, amendments to the Political Parties Registration Law came
into effect and the Union Election Commission informed political parties that they had
approximately two months to comply with the amendments. The amendments include
provisions that only full citizens are allowed to form political parties; and that only full
citizens and naturalized citizens are allowed to be political party members. Prior to the
amendments, all categories of citizens, including associate citizens, as well as temporary
certificate holders were allowed to form and become members of political parties. The
amendments, proposed by the Rakhine National Party, are likely to have the most impact
on parties formed by politicians who identify as Rohingya. At the time of the Special
Rapporteur’s visit, she was informed that not all political parties had yet submitted the
information requested to comply with the amendments.
23.
On 2 February 2015, the parliament approved a Referendum Bill that allows all
categories of citizens, as well as Temporary Registration Card holders, to vote in the
constitutional referendum being planned for later in 2015. However, on 17 February 2015,
the Constitutional Tribunal delivered its opinion that the Referendum Law is
unconstitutional. In addition, on 11 February 2015, the President issued a notification
announcing that all existing Temporary Registration Cards would expire on 31 March
2015,11 and requiring the submission of expired documents by 31 May 2015.12 Those
developments are likely to seriously curtail the political rights of Temporary Registration
Card holders and represent a backward step in the reform process.
24.
The Special Rapporteur was informed in meetings with government officials and
parliamentarians that the Constitutional Referendum will take place in May 2015. However,
at the time, it had not yet been agreed which new provisions of the Constitution would be
put to referendum. Further, while a referendum is proposed before the national election, it
has been said that if it results in the need to amend the Constitution, those changes will not
be made prior to the election.
25.
The Special Rapporteur encourages further progress on constitutional reform as an
integral part of the progress of Myanmar towards democratic transition and national
10
11
12
8
Human Rights Committee, general comment No. 25 (1996) on the right to participate in public
affairs, voting rights and the right of equal access to public service, paras. 12 and 19.
Presidential Notification No. 19/2015, para. 2, carried out pursuant to rule 13 (3) of the 1951
Residents of Burma Registration Rules.
Ibid, para. 3, carried out pursuant to rule 13 (4) of the 1951 Residents of Burma Registration Rules.
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