A/HRC/45/5
analysis, and to identify opportunities for United Nations engagement to increase the
compliance of Myanmar with its international obligations. Efforts are ongoing to strengthen
survivor-centred response services by working closely with partners in areas to which the
United Nations has no physical access.
III. Conclusions
59.
Despite some progress, which includes finalizing the strategy for closing camps for
internally displaced persons and enacting the Child Rights Law, the human rights situation
in Myanmar remains of serious concern, with serious human rights violations and abuses
continuing to be perpetrated with impunity in various parts of the country against
individuals and sectors of the population. There has been no tangible progress towards
accountability for serious human rights violations. To ensure progress in ending impunity,
and associated cycles of discrimination, violence and abuse, both the Government and the
Tatmadaw have to go beyond closed and arcane processes whereby the military leadership
claims to hold itself accountable through its own chain of command. Statements made at
the International Court of Justice in December 2019 that Myanmar would investigate and
prosecute those allegedly responsible for grave violations through Myanmar’s military
justice system reflect this approach. It embodies a view of a military which is above the
law, both national and international, and which is accountable to no one but itself. Ensuring
true accountability requires independent, transparent, civilian-run mechanisms that
guarantee impartiality and, consequently, build credibility and public trust. Accountability
must also be supported by transitional justice processes, which include ensuring the right to
truth, reparations, and guarantees of non-recurrence, all of which are currently lacking.
60.
Similarly, while the authorities emphasize “the rule of law”, this must go beyond a
“law and order” approach that justifies oppressive policies and discriminatory attitudes
which remain deeply entrenched, to one that promotes inclusiveness and respect for rights
and democratic principles. Journalists, activists and civil society must be allowed to operate
freely and unhindered, and be permitted to express themselves without fear of retribution
for exercising such rights. A thriving country built on democracy and the rule of law needs
independent voices and institutions, including those with a specific human rights mandate,
and full respect for all communities without discrimination on any grounds. Until these
changes occur, genuine progress towards peace, democracy and sustainable development in
Myanmar cannot be achieved.
IV. Recommendations
61.
OHCHR reiterates the recommendations contained in previous reports by the
High Commissioner and human rights mechanisms, including the Special Rapporteur
on the situation of human rights in Myanmar and the fact-finding mission. In
addition, OHCHR makes the following recommendations.
(a)
To the Government of Myanmar:
(i)
Immediately extend the ceasefire throughout the whole country and end
violations of international humanitarian law and international human rights
law, including all restrictions on humanitarian access;
(ii)
Conduct prompt, independent, impartial and thorough investigations
into all allegations of violations of international humanitarian law, including
into conduct that may constitute war crimes and crimes against humanity in
Rakhine and Chin States, and all allegations of human rights violations, and
ensure that perpetrators are brought to justice through transparent and
credible processes;
(iii) Acknowledge that sexual crimes have occurred in Rakhine State and
other parts of the country, take concrete measures to identify perpetrators and
hold them accountable, and ensure health-care and psychosocial services for
survivors;
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