A/HRC/28/72
Buddhist women and custody of children after divorce, should be addressed in line with
international human rights standards, which apply equally to the whole population. Specific
religious groups should not be targeted. The Special Rapporteur was informed that the
Penal Code already prohibits polygamy and therefore it does not appear necessary to pass
the Monogamy Bill. She is concerned by the language of the bill, which indicates that it is
directed towards minority faiths and is discriminatory in intent. The Special Rapporteur
refers to the international obligations Myanmar has as a State Member of the United
Nations, particularly under the Convention on the Elimination of All Forms of
Discrimination against Women, the Convention on the Rights of the Child, the Convention
on the Rights of Persons with Disabilities and the Universal Declaration of Human Rights.
If those bills are passed, they would be indicative of backtracking in the political reform
process and efforts to build a more tolerant and inclusive community.
30.
Tensions and violence between religious communities remain a significant problem
in Myanmar and there is an urgent need for State policies and programmes to address them,
as well as intercommunity education and reconciliation. During her mission, the Special
Rapporteur travelled to Lashio to assess the follow-up to intercommunal violence there in
May 2013. The violence saw a Buddhist woman severely burnt, one death and the burning
of buildings, including two mosques, a Muslim orphanage, Hindu premises and local shops.
The violence was characterized by organized mob attacks against local Muslim
communities. The Special Rapporteur was impressed by the cooperation between local
authorities and the commitment of interreligious leaders from the Buddhist, Muslim, Hindu
and Christian communities to work together towards maintaining a peaceful community.
Following his visit to the affected area in August 2013, the former Special Rapporteur,
Tomás Ojea Quintana, noted that Muslim residents and business owners were experiencing
difficulties in returning to their properties due to administrative obstacles regarding land
ownership.14 The Special Rapporteur was disappointed to see that those obstacles have not
yet been overcome and urges the authorities to resolve those issues so that the Lashio
experience can serve as a model for other regions in Myanmar where such cooperation has
been more difficult to achieve.
D.
Conflict-related human rights concerns
31.
Conflict between the military and ethnic armed groups continues to result in
widespread suffering and violations of international humanitarian and human rights law. As
of January 2015, there were an estimated 240,000 displaced persons in Myanmar. 15 The
Special Rapporteur travelled to northern Shan State with the aim of visiting camps for
internally displaced persons to meet persons displaced by the conflict. Due to skirmishes,
attacks and counter-attacks at the time of her visit, she was unable to go to the camps. Yet
she received information that some internally displaced persons were concerned about
being returned prematurely to their villages before safety and stability had been properly reestablished. While efforts were being made to ensure adequate humanitarian access to
affected areas, the Special Rapporteur was informed that in some cases, access remains
difficult for international humanitarian agencies and generally to non-Government
controlled areas. Reports were also received of attacks on civilian populations during
military operations by both sides and of forced labour, consisting particularly of ethnic
armed groups requiring villagers to work as porters. The Special Rapporteur highlights that
14
15
10
See his report on the situation of human rights in Myanmar (A/68/397).
Office for the Coordination of Humanitarian Affairs, 2015 Myanmar Humanitarian Response Plan.
Available from
www.humanitarianresponse.info/system/files/documents/files/HRP%20Myanmar_FINAL.pdf.
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