A/HRC/25/64
border areas and the absence of accountability. In advance of a national ceasefire accord
that is implemented by all sides, he reiterates his call for military and non-State actors to
abide by humanitarian and human rights law. Furthermore, he hopes to see included in the
eventual nationwide ceasefire accord specific references to respect for human rights and
humanitarian law, which could be incorporated into a code of conduct for the military and
ethnic armed groups.
36.
The ethnic armed groups the Special Rapporteur met during his latest visit retain
high levels of mistrust towards the Government and the military. That is partly due to the
poor implementation of ceasefire agreements. Establishing a comprehensive system of
monitoring will need to form an integral part of the next stage of negotiations. Monitoring
groups should be given freedom of movement and include representation from civil society
and community-based groups. During his meeting with Aung Min, the Special Rapporteur
welcomed the news that progress is being made with the establishment of local monitoring
groups, and was encouraged by his openness to future international participation in such
monitoring. The United Nationalities Federal Council in Chiang Mai, Thailand informed
the Special Rapporteur that international participation in monitoring would play an
important role in reassuring the ethnic armed groups that agreements were being
implemented and, subsequently, help to build trust.
37.
The Government has made clear that political dialogue will follow the signing of a
national ceasefire agreement. However, in the Special Rapporteur’s meetings with ethnic
armed groups, there was deep-seated mistrust that this would happen, which finds its source
in a long history of ceasefires which have not led to political dialogue on underlying
grievances. The Government will therefore need to set a clear time frame for prompt
progress towards political talks following the signing of a national ceasefire accord, and
stick firmly to that timetable.
38.
In October’s monthly radio address (2013), the President acknowledged that
ceasefire agreements alone would not lead to lasting peace and that the root causes of the
problems would have to be resolved through political means. He also stated that the peace
process would only be successful if it was fully inclusive, which the Special Rapporteur
welcomes. The Special Rapporteur emphasizes the importance of political dialogue abiding
by the human rights principles of participation, transparency, accountability, equality and
non-discrimination. This will require greater participation and representation of local
communities and women. Ceasefire talks have so far been limited mostly to male leaders on
both sides. Addressing those flaws in the process will help to ensure that political talks
forge agreements which address the underlying grievances of the ethnic minority groups,
including their full range of human rights concerns.
39.
The Special Rapporteur notes that, since his visit in August 2013, humanitarian
access has improved to the over 50,000 IDPs in non-government controlled areas in Kachin
State and northern Shan State. However, access is still granted on an ad hoc basis and he
urges the state and national governments to ensure regular, systematic access for
humanitarian organizations, including the United Nations.
40.
About 400,000 people remain internally displaced in the south-east of Myanmar,
with a further 120,000 refugees living in temporary sites along the Thai-Myanmar border.
Some of the refugees have been residing in the Thai-Myanmar border camps for more than
25 years. During his latest visit, the Special Rapporteur heard from refugees about their
feelings of insecurity when contemplating a return to Myanmar, which included uncertainty
about access to land and livelihoods and concerns about how secure their land would be
from confiscation by the military or the ethnic armed groups. The Special Rapporteur
highlights the relevance of the Guiding Principles on Internal Displacement and the
Principles on Housing and Property Restitution for Refugees and Displaced Persons. He
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