A/HRC/28/72
consultation with affected communities in a transparent and receptive manner, including
with local government authorities. In that regard, she highlights the need for women to play
a greater role in the development process, both as agents and beneficiaries.
54.
The proposed Child Law is an opportunity to remove ambiguity in existing laws in
order to ensure a universal right to birth registration for all children born in Myanmar. In
particular, provisions should ensure that children of stateless parents acquire a nationality
through official mechanisms. Additionally, the definition of a child should be consistent
with the Convention on the Rights of the Child, which specifies that “a child” means every
human being below the age of 18 years. As a signatory to the Convention on the Rights of
Persons with Disabilities, the Special Rapporteur also urges the Government to develop a
legal framework to promote inclusive education for children with disabilities and to move
away from a parallel system of education. Separating children with disabilities frequently
has the effect of entrenching their segregation and exclusion from society.
55.
As the reform process moves forward, access to education for the younger
generation becomes increasingly central to ensuring Myanmar can move to the next level of
prosperity. The Special Rapporteur was disturbed to hear that at the Yangon University
graduation ceremony in December 2014, around 300 students did not receive their diplomas
as they did not hold Citizenship Scrutiny Cards. That particularly affected Muslim students
originating from Rakhine State. Access to education should be non-discriminatory and
should not be based on citizenship status. 23 During the Special Rapporteur’s visit, the
Deputy Minister for Education reassured her that the situation would be remedied, and she
hopes that safeguards will be put in place to prevent the situation from reoccurring.
56.
Recently, student groups across Myanmar protested, demanding changes to the
National Education Law for universities, including the right to form independent student
and teacher unions, changes to university examinations and entrance requirements, the use
of ethnic minority languages to teach some courses and modernization of the national
syllabus. The Special Rapporteur was informed that negotiations between the Government,
the parliament and the students had led to proposals for amendments to the law. She urges
the Government to consider all comments in the spirit of transparent, inclusive and
comprehensive consultation, and to align the law with international human rights standards.
F.
Rule of law and accountability
57.
Important challenges remain in establishing respect for the rule of law. Building
confidence in the system of law enforcement and the judiciary will take time but must be
based on the principle of accountability. Throughout her visit, the Special Rapporteur was
informed of continued failure to hold State authorities accountable for serious violations of
international human rights law.
58.
The Special Rapporteur wishes to draw particular attention to the case of Brang
Shawng, who on 13 February 2015 was sentenced by Hpakant Township Court in Kachin
State to either six months in prison or a 50,000 kyat fine (US$ 50) under article 211 of the
Penal Code. He had been charged with making “false allegations” against the Myanmar
23
16
Article 2 of the Convention on the Rights of the Child, which Myanmar has ratified, requires that all
rights set forth in the Convention, including article 28 guaranteeing the right to education, should be
guaranteed without discrimination of any kind, including on the basis of national, ethnic or social
origin. In its 2012 concluding observations on Myanmar, the Committee on the Rights of the Child
expressed concern that children belonging to minority groups are denied access to education and
recommended that Myanmar take effective measures to improve access to education, and primary
health care for children (CRC/C/MMR/CO/3-4, paras. 96–97).
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