A/HRC/25/64
regardless of the status of their parents, and provide for naturalization under a
revised citizenship law.
84.
In view of the failure of the Government to conduct a credible and independent
investigation into the allegations of widespread and systematic human rights
violations in Rakhine State which may constitute crimes against humanity,
particularly since the outbreak of the violence of June 2012, and as a measure to help
turn the tide of impunity in Rakhine State, the Special Rapporteur calls on the
Human Rights Council to work with the Government to establish a credible
investigation to uncover the truth of what happened in Du Chee Yar Tan on 13 and
14 January 2014 and to hold anyone responsible for human rights violations to
account.
85.
Regarding the transition to democracy and establishing the rule of law, the
Special Rapporteur recommends that the Government:
(a)
Initiate fundamental reforms to establish a judiciary that is impartial and
independent, including from the direct control of the Government and the military;
(b)
Guarantee due process of law;
(c)
Refrain from charging individuals for alleged infringement of national
laws that are in contravention of the international human rights obligations of
Myanmar;
(d)
violations;
Establish mechanisms to investigate allegations of human rights
(e)
Continue to seek international technical assistance with a view to
establishing an independent and impartial judiciary that is consistent with
international standards and principles, including by inviting the Special Rapporteur
on the independence of judges and lawyers to conduct a country visit;
(f)
Increase salaries and pensions for judges to decrease incentives for
corruption, and establish a mechanism to conduct prompt and effective investigations
into allegations of corruption in the judiciary;
(g)
Expedite the establishment of an OHCHR country office with a full
mandate to assist with these and other reforms.
86.
The Special Rapporteur urges the parliament to:
(a)
Amend the Bar Council Act to transform the Bar Council into a selfgoverning professional association to defend the integrity and independence of the
profession and maintain professional standards;
(b)
Reform the contempt of court laws to ensure that lawyers cannot be
subjected to sanctions because of their association with politically sensitive cases;
(c)
Expedite the abolition or review of the laws referred to in paragraphs 74,
76 (c) and 78 (b) of the present report, articles 143, 145, 152, 505, 505 (b) and 295A of
the Penal Code, the Code of Criminal Procedure and the Official Secrets Act, to
ensure their compliance with international human rights standards;
(d)
Ensure that new legislation combats and does not increase
discrimination against women, racial, ethnic and religious minorities, the lesbian, gay,
bisexual, transgender and intersex community, persons with disabilities or other
groups and is in full compliance with the obligations of Myanmar under the
Convention on the Elimination of All Forms of Discrimination against Women, the
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