A/HRC/17/9
96.
The insurgency is now confined to a few localities in the border areas. Counterinsurgency activities are conducted only against those remnant insurgents. Military
operations are carried out in accordance with the rules of engagement and strict instructions
are also given to avoid civilian casualties. The Government is committed to investigate any
allegations of human rights violations and takes action against any perpetrator in
accordance with the law.
97.
The delegation stated that the Constitution guarantees all citizens freedom of
religion regardless of race, religion and sex. Authorities routinely approve requests for
religious gatherings and celebrations. Religious teachings are also permitted.
98.
There is no closure of religious building in the country. Moreover, authorities allow
renovation and construction of religious buildings.
99.
The Land Acquisition Act protects Myanmar citizens from forced eviction or
confiscation of land. To sustain the livelihood and development of the local community in
project site areas, the Government provides land for resettlement. The social infrastructures
are developed by means of State budget allocations and project partners’ contributions.
100. The delegation stated that the Government is committed to enhance the well-being
and livelihood of its ethnic nationalities. Training of ethnic youth to be teachers,
establishing the Ministry of Progress of Border Areas and National Races and Development
Affairs and preservation of ethnic languages and literature are also undertaken by the
Government.
101. The allegation regarding the discrimination and harassment against the local
population of Northern Rakhine State is contrary to the facts. Historically and culturally
those people do not constitute any national race and are illegal immigrants residing along
the border areas of Northern Rakhine State. Myanmar endeavours to solve this cross-border
movement of people bilaterally and amicably with its neighbouring country and in
cooperation with the Office of the United Nations High Commissioner for Refugees
(UNHCR). Since 1992, over 230,000 returnees have been accepted by the Myanmar side
under the voluntary repatriation programme. The Government has issued about 700,000
temporary registration cards to eligible people. The Government is also implementing
development programmes in Northern Rakhine State.
102. The delegation stated that peace and stability, democracy and human rights are
mutually interdependent. By rebuilding national unity with the return to the legal fold of 17
former insurgent groups, the Government is able to bring about peace and stability to
almost all corners of Myanmar. With the new Constitution, concerning which the people of
Myanmar have expressed their will through a referendum and successful holding of
nationwide elections, a democratic era has been ushered in. This greatly enhances the
enjoyment of human rights by the people of Myanmar.
103.
The Delegation Leader’s conclusion is as follows:
(a)
Some questions can only be answered when the new Government is formed
by the Hluttaw.
(b)
Myanmar laws are promulgated in accordance with the Basic Principles on
the Independence of the Judiciary as laid down by the Seventh United Nations Congress on
Crime Prevention and Criminal Justice. An example is Judiciary Law section 2 and section
19 of the Constitution. The judiciary is to hear both parties. The aggrieved party is always
discontented. Thus, hearing only the aggrieved party amounts to a miscarriage of justice.
Myanmar has an impartial and fair judiciary that hears both parties. An alleged crime
should also be heard from both sides.
12
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