A/HRC/17/9
(c)
An independent investigation in international law requires the exhaustion of
local remedies. The Ministry of Home Affairs exercises his function with the Minister for
Home Affairs acting in his ministerial capacity. Complaints are submitted, dismissed or
investigated as a continuous process. This has been commended by the Special Rapporteur
in his report to the 65th General Assembly.
(d)
Law review has been made by all ministries with a view to submission to the
Hluttaw either to amend, repeal or promulgate new laws. They review whether existing
laws are compatible with the Constitution and international norms. Redress is made through
five writs in the Constitution. If a law is incompatible with the Constitution, the redress is
made by the Constitutional Tribunal.
(e)
ILO Convention No. 87 on Freedom of Association has been ratified. A new
domestic law compatible with this Convention is presently under drafting by the Labour
Ministry with the cooperation of ILO. There is also cooperation between Myanmar and ILO
on Convention No. 29 on Forced Labour. Myanmar has made dormant certain offending
provisions on some laws. Through the Supplementary Understanding with ILO, Myanmar
has created a complaint mechanism. The Supplementary Understanding has been extended
three times.
(f)
Ratification of the remaining core Human Rights Treaties is under study and
consideration. After it has been studied, it will go through Hluttaw in accordance with
parliamentary practice. Myanmar has the political will to observe human rights.
(g)
There is no impunity in Myanmar. No one is above the law. The legal maxim
nemo est supra leges is the accepted principle. Citizens, military and police personnel are
not above the law and action will be taken against them when the law is breached.
Trafficking is the outcome of sanctions in many cases. Foreign companies have withdrawn
their investment, factories were closed down and 70,000 workers, mainly women, became
jobless.
(h)
Due to the positive developments including successful holding of elections,
the ASEAN Ministers’ Retreat on 16 January 2011 called for the lifting of sanctions on
Myanmar.
(i)
Myanmar has reached a new milestone, opened a new chapter and turned a
new page with positive developments. Cannot the international community respond with
encouragement, support and understanding?
II.
Conclusions and/or recommendations
104. The recommendations formulated during the interactive dialogue listed below
have been examined by Myanmar and enjoy the support of Myanmar:
104.1. Consider becoming a party to the remaining core human rights treaties
as well (Pakistan);
104.2. Ratify and fully implement, step by step, all universal core human
rights treaties (Slovenia);
104.3. Consider acceding to core human rights instruments (Jordan);
104.4. Consider acceding to the remaining international human rights treaties
(Ukraine);
104.5. Ensure the effective implementation of the Convention on the Rights of
the Child (CRC), especially the rights to education and health (New Zealand);
13
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