A/HRC/45/5
F.
Institutional and legal reforms
49.
Contrary to the recommendations of the fact-finding mission, laws, orders, policies
and practices at all levels of Government limiting freedoms of movement, expression,
association and assembly, or which are discriminatory in their application or impact, have
not been reviewed, amended or repealed. The four Race and Religion Protection Laws
remain in place and continue to pose serious risks to the rights of minorities, women and
children. Laws that are discriminatory in wording or effect continue to be adopted by
Parliament, including the Vacant, Fallow and Virgin Lands Management Act as amended in
2018, which disproportionately impacts on ethnic minorities. In 2019, Myanmar enacted a
new Child Rights Law that protects many of the rights enshrined in the Convention on the
Rights of the Child and criminalizes the six grave violations against children in armed
conflict. While it provides for universal birth registration, it does not guarantee all children
the right to a nationality.
50.
The Government continues its citizenship verification process based on the
Citizenship Law of 1982, reporting that it issued 1,144 National Verification Cards between
September and December 2019. Recommendations by the fact-finding mission to end this
process and restore the citizenship rights of the Rohingya have been ignored. OHCHR
continues to receive reports that Rohingya are forced, directly or indirectly, to accept
National Verification Cards, including some who were released from prison in early 2020.
Approximately 800 people arrested or imprisoned in other parts of the country, including
unaccompanied minors as young as 14 years of age who had been imprisoned for two
years, were released in April 2020 and returned to Rakhine State where they were held in
COVID-19 quarantine. Individuals from this group stated that many had been required to
accept the National Verification Cards in order to be released from quarantine. Recognition
of citizenship rights remains disconnected from the verification process, which has not
resulted in improvements in the situation of the Rohingya, including with respect to
freedom of movement. There is no indication that the Government will change its policy of
deprivation of citizenship or reverse its decisions made before the 2015 election to deny
Rohingya the right to vote and stand for election, casting doubt on the fairness of the 2020
elections. An exclusionary vision of citizenship and Myanmar being based on the concept
of “national races” continues to underpin these and other discriminatory measures.
51.
There was an attempt by the Government to revise the Constitution in 2019 and
2020. However, in view of the de facto veto held by military representatives in Parliament,
the proposals mostly failed. Proposed amendments would have assisted the country’s
democratization, including by reducing the role of the military in government. In 2019, the
General Administration Department came under civilian control, a positive move to
demilitarization that occurred outside of the process of amending the Constitution.
52.
Domestic law in Myanmar continues not to encompass crimes under international
law and there has been no progress in amending the law to grant domestic courts
jurisdiction over international crimes. Prosecutors and the judiciary continue to lack
independence and fair trial rights are frequently violated. The Fair Trial Guidebook issued
by the Union Attorney-General’s Office and the Code of Judicial Ethics promulgated by the
Supreme Court require adherence to standards in the conduct of proceedings; these have
had little impact in reality.
53.
There are concerns about the Myanmar National Human Rights Commission and its
compliance with the principles relating to the status of national institutions for the
promotion and protection of human rights (the Paris Principles) following the appointment
in January 2020 of 11 new commissioners. While four commissioners are women, all
commissioners are former civil servants, some have a military background, and all lack
human rights experience. There are no representatives from civil society or from minorities.
During the COVID-19 pandemic, the Commission remained silent and its only public
statements were to praise the Government and the Tatmadaw for their actions, including for
the declared unilateral ceasefire that excludes Rakhine State. This raises further concerns
about its independence and ability to act to promote and protect human rights.
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