A/HRC/42/50
Constitution to ensure civilian oversight and control, genuine democratization is
impossible.
117. The new parliamentary committee tasked with reviewing the Constitution has
an opportunity to pursue a clearer separation of powers and guarantees of fundamental
freedoms. Its success hinges largely on the Tatmadaw conceding its political and
economic privileges, willingly or under domestic and international pressure. Financial
and political isolation of the Tatmadaw is essential to encourage and support domestic
action to break its stranglehold on the country’s future.
118. Democratization must be accompanied by the settlement of 70 years of conflict.
The Rohingya in Rakhine continue to be persecuted. This does not bode well for the 1
million Rohingya refugees yearning to return to their lands. The mission has concluded
that equitable, sustainable economic development in Rakhine is impossible unless and
until all restrictions on the Rohingya are lifted. The Government of Myanmar must
guarantee their most basic fundamental human rights. It must implement effective
guarantees to acknowledge or recognize the citizenship of the Rohingya through a
direct citizenship application process, with the rights of due process guaranteed. Such
a process cannot be followed through the national verification card procedures; the
right to citizenship of Rohingya must be recognized in an amended Constitution and
citizenship law. This will support the voluntary, safe, dignified and sustainable return
of Rohingya refugees to Myanmar. In the absence of certainty over their status, the
Rohingya cannot, and simply will not, return. Consideration should be given to enabling
Rohingya to apply for citizenship from Bangladesh and elsewhere.
119. The mission found many commonalities in the experiences of ethnic groups in
Myanmar. Discrimination and marginalization are the common thread. As the latest
conflict between the Tatmadaw and the Arakan Army demonstrates, the counterinsurgency strategy of the Tatmadaw remains consistent with its “four cuts” policy,
with another ethnic group falling victim to its brutal tactics. Indeed, the domination of
one ethnic group over others is preventing the development of Myanmar as a unified
nation State.
120. The mission has concluded that, despite the structural and systemic challenges,
the Government led by the National League for Democracy can do far more to move
the democratic transition forward. The National League for Democracy has an absolute
majority of seats in both houses of the parliament, even when the military seats are
counted; it has full control over all Myanmar laws, apart from the Constitution, and is
able to repeal or amend the country’s most discriminatory laws, including those
pertaining to citizenship and the four laws for the protection of race and religion
enacted in 2015. It can repeal or amend the repressive laws governing freedom of
expression and association. The National League for Democracy requires only the
moral courage and the political will to do so.
121. The Government has yet to condemn its human rights violations, past and
present. Pursuing genuine accountability either at the domestic or international level
remains as urgent a priority today as it was in 2018. Myanmar should cooperate with
the ongoing proceedings in the International Criminal Court, and expand the Court’s
jurisdiction through a formal declaration.
122. The mission welcomes international efforts to advance accountability, including
the decision by the Human Rights Council to establish the Independent Investigative
Mechanism for Myanmar, the initiatives taken by the International Criminal Court to
investigate and possibly prosecute those responsible for the alleged deportation and
other crimes against Rohingya, the moves to bring a case to the International Court of
Justice and the Secretary-General’s independent review of the role of the United
Nations in Myanmar. The Independent Investigative Mechanism will play a crucial role
in facilitating accountability; States must, however, work with it to initiate
prosecutions. Similarly, the United Nations must institute the cultural change necessary
to address the systemic failures of its past engagement in Myanmar.
123. Despite these important efforts, the mission deeply regrets the continuing
inability of the Security Council to act by referring the situation of Myanmar as a whole
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