A/HRC/25/64
nominees (who can include serving military officers) provided by the Commander-in-Chief;
and article 40 (c), which authorizes the Commander-in-Chief to assume State sovereign
power under a broad set of vague conditions related to a state of emergency. To allow the
people of Myanmar to freely choose their Government, the constitutional provisions that
currently disqualify persons from standing for election as President or Vice-President,
including on grounds of the nationality and birthplace of their parents (art. 59 (b)), the length
of time that they have resided in Myanmar before the election (art. 59 (e)) and the nationality
of their spouse, their children and the spouses of their children (art. 59 (f)), also require
amendment. Furthermore, the Constitution needs to affirm that the fundamental human
rights of all people living in Myanmar need to be respected, and not just those of the citizens
of Myanmar.
61.
The third core human rights element concerns the armed forces. Important progress
has been made in tackling the recruitment of child soldiers (see para. 41 above) and forced
labour (A/67/383, para. 32), and engagement with the international community has begun
on training programmes on human rights for members of the armed forces, as well as police
and prison personnel (although the Special Rapporteur expresses his disappointment that
the Commander-in-Chief did not agree to meet with him once during his entire six years on
the mandate, and stresses the need for the military to engage with the international
community on human rights). The use of landmines has decreased significantly, although
there has been limited progress in mine surveying and clearance, marking or fencing, with
an estimated 5.2 million people continuing to live in areas contaminated by landmines, and
Myanmar has not ratified the Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-personnel Mines and on Their Destruction. Furthermore,
violations of international human rights and humanitarian law continue where military
operations are ongoing (see para. 34 above), and there is no progress in tackling the
impunity under which the military forces currently operate.
62.
Most progress has been made with the second core human rights element: the
progressive release of political prisoners (see para. 4 above). However, the releases have
not been without conditions, with article 401, paragraphs 1, 3 and 4, of the Code of
Criminal Procedure allowing the application of penalties, such as the imposition of the
remaining sentence, if a condition of release is judged by the President to have been broken.
63.
Reflecting on progress with the four core elements in mind reminds us how far the
reforms still need to go. The Special Rapporteur believes that, in pursuing those reforms in
line with international human rights standards, the Government would benefit greatly from
the presence of an Office of the United Nations High Commissioner for Human Rights
(OHCHR) country office with a full toolbox. He is therefore concerned that progress
towards its establishment continues to be slow, nearly a year and a half since the invitation
was made by the Government, and encourages more speedy progress.
I.
Truth, justice and accountability
64.
The Special Rapporteur emphasizes that a truthful account of past human rights
violations is needed to inform the ongoing process of democratic reform and national
reconciliation. He continues to encourage the parliament to take forward the initiative to
establish a truth commission as a step towards ensuring truth, justice and accountability. He
also encourages other initiatives, some of which have already begun, such as
commemorations, memorials and documentation of the past.
65.
The Special Rapporteur underlines that fulfilling the rights to truth, justice and
reparation is an important step towards addressing impunity for human rights violations in
Myanmar. Furthermore, justice contributes to lasting reconciliation.
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