A/HRC/19/67
18.
During his mission, the Special Rapporteur had the opportunity to engage with
members of the commission. He was informed of some of the actions undertaken, including
prison visits, visits to internally displaced persons in Kachin State, and the receipt and
review of complaints from citizens. He was also informed that the commission had called
for the release of prisoners on several occasions, including “prisoners of conscience”. He
was also encouraged to learn that the resources and staff available to the commission might
be increased significantly.
19.
Despite such developments, many questions remain about the composition, role and
functioning of the commission and, to date, there are no indications that it is fully
independent and compliant with the Paris Principles. While the President appointed
commissioners representing different ethnic minority groups, the vast majority are retired
Government civil servants. Some informed the Special Rapporteur that they had been
neither consulted nor informed in advance of their appointment. Additionally, he was
informed that the commission’s draft rules of procedure were being examined by the
judiciary and were awaiting approval by the Council of Ministers. This would seem to
indicate that it is not fully independent of the Government. Moreover, presidential
authorization is reportedly required for prison visits, and interviews with prisoners were
reportedly conducted in the presence of prison officials. The Special Rapporteur therefore
reiterates his view that the commission should be made fully compliant with Paris
Principles in terms of independence and effectiveness. The Government should also initiate
measures to codify its establishment either by a constitutional provision or by a law of
Parliament.
20.
There is also a clear need to enhance the technical and substantive capacity of the
commissioners and staff on human rights issues. The Special Rapporteur hopes that training
and assistance will be sought from OHCHR and the international community as soon as
possible.
21.
Also of importance to democratic transition is the need to establish complete civilian
control over the military. While there have been positive developments, such as changes
within its leadership and the abolition of supra-ministerial policy committees, the Special
Rapporteur notes the role of the military in the legislature (military appointees occupy 25
per cent of all seats) and that of the new Commander-in-Chief, who independently
administers and adjudicates all matters pertaining to the armed forces and must be
consulted by the President on key appointments. Additionally, the Constitution establishes
permanent military tribunals separate from oversight of the civilian justice mechanism, for
which the Commander-in-Chief exercises appellate power. In the light of the continuing
reports of human rights violations committed by the military, investigations and
prosecutions of perpetrators remain a priority. During the mission, the Minister for Defence
stated that action had been taken against military personnel for alleged criminal and other
administrative offences, although no further details were provided. While welcoming such
action, the Special Rapporteur encourages the adoption by the military of the measures
previously proposed, which could help to address the above concerns. If the military
continues to exercise unchecked powers and occupy centre stage, civilian rule and the
overall democratic reform process will be undermined.
III. Situation of human rights
22.
Respect for human rights is central to any democratic transition. The Special
Rapporteur previously noted that the Government had made important commitments and
taken steps that had the potential to improve the human rights situation and to deepen the
country’s transition to democracy. Following his mission, he believes that a positive impact
6
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents