A/HRC/25/64
recommends that clauses which protect and promote the land rights of existing, displaced
and returning ethnic populations be incorporated into ceasefire and political agreements,
and that they include the restitution and recognition of land titles and tenure rights of
villagers.
41.
The Special Rapporteur welcomes the continuing implementation of the joint action
plan to end the recruitment and use of child soldiers signed by the Government and the
United Nations in June 2012. On 18 January 2014, 96 children and young persons were
released from the Myanmar Armed Forces. This follows earlier releases of 68 children and
young people on 7 August 2013, 42 in July 2013, 24 in February 2013 and 42 in September
2012. He encourages the Government to accelerate the identification and release of all
children in the national armed forces and border guard forces, including by providing
unimpeded access to its military sites by the country task force. The Special Rapporteur
commends the recent commitment of the Government of Myanmar to ratify International
Labour Organization Convention No. 182 (1999) concerning the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labour. He urges the Government
to ratify the Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict in order to further bolster those positive steps. To
prevent future underage recruitment, he recommends the strengthening of recruitment
procedures, age verification mechanisms and oversight of all recruitment sites in the
country, as well as the bringing to justice of those responsible for child recruitment or use,
including those with command responsibility and civilian brokers who assist in the
unlawful recruitment of children. Furthermore, he highlights the need for child protection
mechanisms to be fully incorporated into peace and ceasefire agreements, and calls for joint
action plans to also be drawn up with non-State armed groups.
G.
Situation in Rakhine State
42.
During his latest visit to Rakhine State, the Special Rapporteur saw no
improvements in the human rights situation. Instead, as time passes without clear action at
the state and national level to address the widespread discrimination and human rights
violations occurring there, the situation continues to worsen from an already dire state.
43.
The Government has stated that Buddhist and Muslim communities are separated to
maintain stability and protect the lives of the populations from both communities, and has
publicly announced its intention to reintegrate communities once trust is rebuilt. In this
regard, the Government is working with interfaith groups and is sending messages from the
President’s Office which promote mutual understanding and peaceful coexistence.
44.
The practice of separating communities continues to have a severe impact on the
Muslim populations in Rakhine State, and in particular the Rohingya community.
Discriminatory and stringent restrictions on freedom of movement for Muslim populations
remain in place, which continue to affect a range of other human rights, including the right
to life. In February, the Special Rapporteur again visited Aung Mingalar, the only
remaining Muslim neighbourhood in Sittwe, which he described as a ghetto. In Aung
Mingalar ward, he heard from residents that the population had fallen by around 1,600
compared to his August visit. Many had left to risk their lives on rickety boats to reach
neighbouring countries, where those who survived the journey were subjected to further
human rights violations, including human trafficking. Residents are still prevented from
leaving the quarter by armed guards and wire fencing, and are reliant on food being
delivered from a nearby market. Only one medical assistant is provided, by an international
NGO, for all 4,375 residents of the ward. In view of the limited access to hospitals, more
outreach of medical assistance is required. A limited number of teachers are entering the
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