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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