A/HRC/28/72
62.
While the growing economy has benefited some in the country, there remain
large sections of the population who have been left out. Development programmes
must be based on the central pillars of poverty reduction, equitable resource sharing
and non-discrimination. Unless development is carried out in a way that is equitable,
with even the most vulnerable having access to improved education, health care and
livelihoods, the Government risks leaving large parts of the population with legitimate
grievances against the State. In a country with a long history of violent conflict, such
grievances risk further disassociation from the State and extension or renewal of
instability and conflict. The Government should focus on creating an empowered
population, including the youth and women, to ensure that a new generation can work
together to create a prosperous and stable country and reverse the current slide
towards extreme nationalism, religious hatred and conflict.
IV. Recommendations
63.
The Special Rapporteur makes the following recommendations to the Union
Government of Myanmar, which also serve as a guide for possible areas of assistance
and engagement by the international community. The Special Rapporteur encourages
the United Nations system to engage in principled human rights and humanitarian
advocacy and human rights-based programmes of assistance to address the
recommendations, in line with the Secretary-General’s Human Rights Up Front
initiative.
64.
Regarding freedom of expression, association and peaceful assembly, the
Government should:
(a)
Remove the broad range of restrictions on the rights to peaceful
assembly and freedom of expression in the Law on the Right to Peaceful Assembly
and Peaceful Procession Act that go beyond the permissible restrictions laid down in
international law. Replace the system of prior authorization for peaceful assemblies
with a system of voluntary notification. Remove criminal sanctions, including
provisions for imprisonment, for acts protected under international standards on
freedom of expression and peaceful assembly;
(b)
Amend the News Media Law to ensure the code of conduct for media
workers is voluntary, and strengthen the independence of the Media Council;
(c)
Develop safeguards to ensure accountable and open criteria-based
decisions on the granting of registration to publications under the new Printing and
Publishing Enterprise Law;
(d)
Establish a public broadcaster that can operate in an independent
manner with editorial freedom, which should include a system of funding that does
not undermine its independence;
(e)
Ensure that law enforcement officials do not use excessive or
disproportionate force when managing protests, which includes ensuring that force is
only used for the legitimate purpose of law enforcement and maintaining public order,
that it is strictly necessary and that its use is proportional to the seriousness of the
offence and the legitimate purpose to be achieved;
(f)
Ensure that instances of possible excessive or disproportionate use of
force are investigated promptly and impartially. Where evidence of excessive use of
force is found, ensure that perpetrators are prosecuted and punished with penalties
commensurate with the gravity of the acts, and that victims are provided with redress,
including compensation;
18
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