A/HRC/34/67
Annex
Proposed joint SR-Government benchmarks
Constitutional, legislative and judicial reform
(i)
Initiate, by March 2018, a process of consultation with all stakeholders on the
review and amendment of the Constitution, to bring it into line with international
standards.
(ii)
Undertake, by October 2017, a comprehensive review of legislation and legal
provisions that limit fundamental freedoms and contravene international standards
including those previously identified by the Special Rapporteur and the previous
mandate holders (see Annex A/HRC/31/71), with clear target dates for the
conclusion of the review.
(iii) Establish, by October 2017, a legislative reform process with clear timelines
on the drafting and review of amendments to existing legislation or new draft bills
by October 2017. The timeline should allow for the full consideration of the
proposed laws.
(iv) Establish, by October 2017, an appropriate systematic consultation process
on drafting and review of amendments to existing legislation or new draft bills to
ensure transparency and adequate engagement by civil society organizations and
members of the public.
(v)
Establish a vetting mechanism to ensure amendments to existing legislation
or new draft bills comply with international standards by October 2017.
(vi) Amend or repeal, by October 2017, section 18 of the Peaceful Assembly and
Peaceful Procession Law and section 505 (b) of the Penal Code, drop all charges
currently being brought against individuals under these provisions; and ensure that
multiple charges are not brought against individuals for the same offence.
(vii) Amend or repeal the four “protection of race and religion” laws by October
2017.
(viii) Review and amend, by March 2018, the Citizenship Law (1982) to bring it
into line with international standards; and, in particular, remove any provisions that
provide for the granting of citizenship on the basis of ethnicity or race.
(ix) Resolve, by March 2018, the legal status of habitual residents of Myanmar,
including former holders of the temporary registration card, and ensure that they
have equal access to citizenship through a non-discriminatory process.
(x)
Take concrete steps, by March 2018, to continue judicial reform and the
capacity-building and training of judges and lawyers to strengthen the independence
and effectiveness of the judiciary.
(xi) Enact, by March 2018, an overarching prison law which is in line with
international standards, particularly in relation to the minimum standards of
accommodation and access to health facilities.
Political Prisoners and Human Rights Defenders
(i)
Cease immediately the arbitrary arrest and prosecution of those exercising
their fundamental rights including their rights to freedom of assembly, association
and expression.
(ii)
Release all remaining political prisoners by October 2017.
(iii) Undertake, by October 2017, a comprehensive review of all cases, based on
broad and public consultations with all relevant stakeholders in view of the
discrepancies in the numbers of remaining political prisoners.
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