A/HRC/13/48
appropriate policies, regulation, and adjudication; the corporate responsibility to respect
human rights, which in essence means to act with due diligence to avoid infringing on the
rights of others; and greater access by victims to effective remedy, judicial and non-judicial.
The Special Rapporteur hopes that this policy framework is incorporated and applied in
Myanmar by all parties concerned.
H.
Developing cooperation in the context of human rights
114. The Special Rapporteur welcomes the cooperation between the United Nations
Country Team and the Governmental human rights body. In this context, the Special
Rapporteur encourages the Member States of the United Nations and the donor community
to provide adequate resources and the necessary environment to the United Nations and
financial institutions to assist the Government of Myanmar in achieving the Millennium
Development Goals. Children, women and all people of Myanmar should be given the same
opportunity as those in any other Member State to achieve their economic, social and
cultural rights. At the same time, the Special Rapporteur calls upon the Government of
Myanmar to cooperate with international organizations by facilitating necessary visas and
allowing access for effective delivery of aid.
115. Myanmar is party only to the Convention on the Elimination of All Forms of
Discrimination against Women and the Convention on the Rights of the Child. However, as
a Member State of the United Nations, it is still bound by the Universal Declaration of
Human Rights proclaimed on 10 December 1948 and subsequent Declarations adopted by
the General Assembly.
116. The Committee on the Elimination of Discrimination against Women considered in
November 2008 the second and third reports of Myanmar covering the period 2000–2006.
The Government should take heed of the Committee’s requests that the State party provide,
within one year, written information on the steps undertaken to implement the
recommendations contained in paragraph 29 regarding the pursuance of sustained policies
aimed at the promotion of women’s full and equal participation in decision-making in all
areas of public, political and professional life, and paragraph 43, regarding violence and
discrimination against women in Northern Rakhine State, of its concluding observations
(CEDAW/C/MMR/CO/3). The Committee also requested the State party to consider
seeking technical cooperation and assistance, including advisory services, if necessary and,
when appropriate, for implementation of the above recommendations.
117. The Special Rapporteur welcomes the extension of the Supplementary
Understanding between the Government of the Union of Myanmar and the International
Labour Office for one year from 26 February 2010. ILO operates, in agreement with the
Government of Myanmar, a forced labour complaints mechanism which covers complaints
of underage recruitment into the military and the inappropriate use of prison labour.
Nevertheless, the Special Rapporteur remains disturbed by the situation of four farmers
associated with forced labour complaints to ILO who, following the release of 10 farmers
on 17 February 2010, are currently in prison on charges which clearly breach the spirit and
letter of the protections provided in the Supplementary Understanding. He is also concerned
about the situation of a facilitator and a lawyer who had assisted the farmers, who remain in
prison on allegedly unrelated charges.
IV. Conclusions and Recommendations
118. The Special Rapporteur would like to thank the Government of Myanmar for
its increased cooperation in facilitating his brief but very intensive third mission.
20
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