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