A/HRC/25/64 56. The Special Rapporteur reiterates the role of lawyers in establishing the rule of law in Myanmar, including in upholding fair trial rights and in helping to ensure that laws are applied in line with international human rights standards. He remains concerned about the lack of protection of lawyers against reprisals, including violence, threats and discrimination, particularly for those involved in cases considered to be politically sensitive. He urges the parliament to amend the Bar Council Act to transform the Bar Council into a self-governing professional association to defend the integrity and independence of the profession and maintain professional standards in accordance with the Basic Principles on the Role of Lawyers and other international standards. He highlights the responsibility of all branches of government to ensure the protection of lawyers against reprisals and, furthermore, recommends that the parliament reform the contempt of court laws to ensure that lawyers cannot be subjected to sanctions because of their association with politically sensitive cases. 57. While the Myanmar National Human Rights Commission, established by Presidential decree in September 2011, has undertaken some good initiatives, the Special Rapporteur highlights that it is not an independent institution. Noting that the international community has provided technical advice on a new draft enabling law, he stresses the importance of the parliament passing a law which establishes a Commission in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), including with regard to the selection of commissioners. 58. Regarding the review of national legislation referred to in the first core human rights element, the Special Rapporteur observes that, of the 16 laws and sections of the Penal Code originally identified as in need of reform (A/63/341, para. 93), only one has been repealed (the Law Protecting the Peaceful and Systematic Transfer of State Responsibility and the Successful Performance of the Functions of the National Convention against Disturbance and Oppositions); the rest are under consideration by the parliament or the relevant ministries (A/68/397, para. 67). 59. Furthermore, for national reconciliation and the democratic transition to proceed, important changes to the Constitution are also needed. The 109-member joint committee for reviewing the 2008 Constitution, set up by the parliament on 25 July 2013, reported at the end of 2013 that it had received 28,247 letters of suggested reforms from the executive, legislative and judicial branches of Government. The Special Rapporteur welcomes the President’s remarks in January 2014 that a healthy constitution must be amended from time to time to address the national, economic and social needs of Myanmar society, to strengthen democratic attitudes and values and to facilitate national reconciliation and the peace process. 60. Reforms to the Constitution will be needed to embrace the aspirations of ethnic communities to have their human rights respected, to have a say in Government decisions and to benefit from the resources held within their lands. Furthermore, to ensure the accountability of all State institutions under the rule of law, it is necessary to bring the military under civilian control and oversight, which requires amendment of article 20 (b), which currently gives the military “the right to independently administer and adjudicate all affairs of the armed forces”, as well as of article 445, which currently states that “no proceeding shall be instituted against the said [previous] Councils or any member thereof or any member of the Government, in respect of any act done in the execution of their respective duties”. The following constitutional provisions require amendment for the overall transition to a democratic system of civilian governance to proceed: provisions which allow for military appointees to occupy 25 per cent of seats in the parliament (arts. 74, 109 (b) and 141 (b)), thereby also providing them with an effective veto on constitutional changes; article 232 (b), which requires the President to appoint the ministers of Defence, Home Affairs and Border Affairs from lists of 15