A/HRC/19/67
rights, halting forced labour, settling land rights issues and the opening of liaison offices.
Additionally, he notes reports that the Government intends to issue all members and
associates of armed ethnic groups that have reached peace agreements with National
Registration Cards, as full citizens under the 1982 Myanmar Citizenship Act.
69.
The Special Rapporteur intends to monitor closely how these political negotiations
will proceed, in particular how they address such issues as the disarmament, rehabilitation
and reintegration of former combatants; the verification and release of children recruited
into armed groups; assistance and support for those affected by the conflict, including
landmine victims; demining; and means of addressing the continuing allegations of
violations committed by parties to the conflict. In all these areas, he encourages the
Government to seek the assistance of relevant international organizations.
70.
The Special Rapporteur believes that any durable political solution must address the
root causes of the conflict. In this regard, he previously highlighted systematic and endemic
discrimination faced by ethnic and religious minority groups. Such concerns included
policies preventing the teaching of minority languages in schools, restrictions on the
freedom of religion or belief, and economic deprivation. The Special Rapporteur continues
to receive reports of discrimination and attacks against ethnic minority groups.
71.
The Special Rapporteur remains concerned about the situation of the Rohyingya
community and notes the continuing denial of citizenship, restrictions on their freedom of
movement, marriage restrictions and other discriminatory policies. He received information
that the border security force, the Nasaka, has not issued marriage permissions since August
2011; 412 applications are reportedly pending. He also notes that tens of thousands of
children remain unregistered, a concern also expressed by the Committee on the Rights of
the Child.4 In this respect, he welcomes the initiative undertaken by the Government to
register some 6,000 to 7,000 such children across Northern Rakhine State.
72.
In his statement made at the intergovernmental event marking the sixtieth
anniversary of the Convention relating to the Status of Refugees and the fiftieth anniversary
of the Convention on the Reduction of Statelessness, held in Geneva in December 2011, the
Minister for Immigration and Population noted the possibility for holders of temporary
identity certificates to apply for naturalized citizenship. The Special Rapporteur hopes that
steps to address the legal status of the Rohingya community will be taken without delay.
V. Truth, justice and accountability
73.
The Special Rapporteur has previously highlighted the importance of establishing
truth, justice and accountability measures for gross and systematic human rights
violations, past and present.
74.
The primary responsibility rests with the Government of Myanmar. Investigating
and prosecuting those responsible for serious violations of international human rights law
and international humanitarian law is not only an obligation; it would deter future
violations and provide avenues of redress for victims. Accordingly, the Special
Rapporteur previously recommended that the international community should consider
establishing an international commission of inquiry into gross and systematic human
rights violations that could amount to crimes against humanity and/or war crimes if the
Government of Myanmar fails or is unable to assume this obligation. At the same time,
he made clear that the international commission of inquiry is only one option for
ensuring that justice is dispensed, accountability is established and impunity is averted.
4
16
CRC/C/MMR/CO/3-4, para.43.
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