A/HRC/10/19
page 21
(a) Repeal discriminatory legislation and avoid discriminatory practices,
particularly in Northern Rakhine State, where a large part of the Muslim community has
been deprived of citizenship, movement and other fundamental rights for many years;
(b) Refrain from the recruitment of child soldiers, and continue its policy to avoid
such a practice;
(c) Forbid the use of anti-personnel landmines. In this respect, the Special
Rapporteur recommends again that the Government ratify the Convention on the
Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and
on Their Destruction. The Government has reportedly justified its failure to ratify the
Convention by stating that rebels still use anti-personnel landmines. However, violations of
international humanitarian law by one party to a conflict is no justification for
non-compliance by other parties;
(d) Respect international human rights and humanitarian law in areas affected by
armed conflict, particularly in Kayin State. It is prohibited to direct attacks against
civilians not directly participating in the hostilities or to launch indiscriminate attacks
against military objectives and civilians or civilian objects. Every precaution must be taken
to spare civilians and their property of the effects of the hostilities. Medical and
humanitarian staff, hospitals and clinics must be respected. This includes ensuring efficient
working of health providers in the conflict areas;
(e) Refrain from the use of forced labour of civilians (portering), particularly in
Kayin State. In this regard, the Special Rapporteur recommends that the Government
engage with ILO representatives to ensure compliance of prison labour policy with the
obligations of the Convention concerning Forced or Compulsory Labour (Convention
No. 29);
(f) Refrain from detaining individuals for alleged infringement of national laws
that are under review according to the first core human rights element, and refrain from
ill-treatment of detainees;
(g) Establish a permanent and meaningful training programme on human rights
for members of the armed forces, police and prison forces, with international cooperation.
In this regard, the Special Rapporteur recommends that technical assistance be requested
from OHCHR.
(iv) Fourth core human rights element: the judiciary
98. In his report submitted to the General Assembly (A/63/341), the Special Rapporteur
stressed the lack of independency and impartiality of the judiciary in Myanmar, and
recommended that a series of measures be taken. Subsequently, the judiciary delivered
hundreds of harsh sentences against prisoners of conscience, applying national legislation
that might be contradictory to human rights standards, with disregard for judicial
guarantees.
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