A/HRC/34/67
education, health care and livelihoods must be prioritized and guaranteed to all
communities, including the Rohingya community. The recent developments add to the
already complex nature of the situation. The entrenched fear, hostility and lack of empathy
toward the Rohingya people are pervasive throughout the whole of Myanmar. As such, the
Special Rapporteur is heartened to see that more than 40 local civil society organizations
have recently signed a statement calling for an independent investigation into the aftermath
of the 9 October attacks. She encourages all Myanmar human rights defenders to speak up
and act for the human rights of all, including the Rohingya people.
III. Conclusions
82.
It has been almost one year since the new Government came to power. The
Special Rapporteur has already noted in her previous report the formidable human
rights challenges it faces while simultaneously having to navigate and direct a
bureaucracy carried over from the previous Government, as well as govern within the
constraints of a Constitutional framework which gives precedence to military
prominence over civilian authority. She recalls that the consolidation of democracy
and the creation of a culture of respect for human rights is a complex undertaking
that requires political will and sustained investment in not just enhancing the
functioning and integrity of State institutions but also their accountability.
83.
While improvements have been seen in some areas and some are making clear
efforts, as the Special Rapporteur reflected after her recent visit, many ordinary
people in Myanmar have unfortunately begun to lose hope that the new Government
will address their needs and concerns. That is undoubtedly at least partially due to the
continued impunity enjoyed by the military and other security forces and their
dominant position in the Government. Trust that was placed in the new civilian
leadership has started to wane with repeated incidents that carry the hallmarks of the
previous Government. Where abuses and violations are suspected, the Government
appears quick to resort to its standard position of “defend, deny and dismiss”.
84.
Addressing the apparent climate of impunity will be vital for the new
Government moving forward. Impunity arises from a failure by States to meet related
obligations, including to investigate violations; take appropriate measures in respect
of the perpetrators by ensuring that those suspected of criminal responsibility are
prosecuted, tried and duly punished; provide victims with effective remedies; and take
other necessary steps to prevent the recurrence of violations.19 Pervasive impunity also
emboldens acts of retaliation and reprisals by those implicated in alleged abuses and
violations.
85.
Currently, existing policies, laws and avenues for redress appear to favour
those in positions of power rather than ensure that everyone is equal before the law
and has an equal opportunity to have legitimate grievances addressed. Laws continue
to be misused to stifle freedom of association and assembly, and to subvert freedom of
opinion and expression. Individuals who have lived on land for generations continue
to face eviction without proper safeguards for projects that bring them little or no
benefits. Conflict, which continues to have a devastating effect on civilians, sometimes
appears to be focused around resource-rich areas or near lucrative projects.
86.
The Special Rapporteur reminds the Government of the distinction between
rule of law and rule by law, as far too often issues of concern are explained away as
having been dealt with “according to the law”. Too often also cases of abuses and
serious, even grave, human rights violations that potentially involve the State as the
perpetrators, are closed with no explanation or dealt with in secrecy under the pretext
of national security. Alternatively, a plethora of committees or commissions are set up
to tackle the same issue with duplicative mandates, insufficient guarantees of
19
16
See the updated set of principles for the protection and promotion of human rights through action to
combat impunity (E/CN.4/2005/102/Add.1), principle 1.
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