A/HRC/34/67
(2011), but notes that criminal sanctions have been retained. She hopes those shortcomings
can be addressed.
6.
The Special Rapporteur notes the decision to draft a citizens private security and
protection law. Potential issues include vague provisions on defamation. While the current
draft provides for surveillance with a “warrant in accordance with law”, there is currently
no such law. She recommends that a legal framework for surveillance be drawn up, in
accordance with international standards and in consultation with experts.
7.
As the Special Rapporteur has previously highlighted, a strong law on violence
against women is urgently needed to address weaknesses in the existing legislative
framework. She is concerned by information that the most recent draft of the law on
prevention and protection of violence against women has removed key provisions,
including those relating to the definition of rape, a special court for gender-based violence,
sexual violence in conflict, violence by public officials, and capacity-building for the
Attorney-General’s Office and the Supreme Court. She calls for those provisions to be
reinstated and the law passed immediately.
8.
The Special Rapporteur welcomes the provisions in the draft child rights law that
increase the compliance of Myanmar with its international obligations. She understands the
draft law is likely to be submitted to the parliament in the near future and underlines the
importance of retaining key provisions on preventing child recruitment into the armed
forces and the minimum age of criminal responsibility.
9.
The Special Rapporteur welcomes the decision taken by the Ministry of Home
Affairs to begin working on an entirely new text of the draft prison law and hopes it will be
in line with relevant international standards and drafted in cooperation with stakeholders.
She encourages the Ministry to seek technical assistance in that area.
10.
The Special Rapporteur remains concerned about the four laws of the so-called
protection of race and religion package adopted in 2015 (see A/HRC/28/72, paras. 28-29).
She therefore welcomes comments from parliamentarian Mya Thaung, recognizing that
those laws need to be reconciled with the draft law on prevention and protection of violence
against women. The Special Rapporteur reiterates that those laws are not in accordance
with the international obligations of Myanmar and urges it to rectify their shortcomings.
11.
The Special Rapporteur acknowledges the Government’s decision to draft a hate
speech law that should address incitement to discrimination and violence, while protecting
freedom of speech. However, she is concerned that the draft has not yet been open for
public consultation, and that several proposed provisions are not in accordance with
international standards. She calls for meaningful consultations and revisions to the text to
address that, reiterating as a helpful reference the Rabat Plan of Action on the prohibition of
advocacy of national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence.
12.
The Special Rapporteur and her predecessors have previously highlighted that the
Citizenship Law (1982) is not in line with international standards (see A/69/398, paras. 12
and 53, and A/HRC/25/64, paras. 49 and 83 (f)), particularly regarding discriminatory
provisions for granting of citizenship on the basis of ethnicity or race. On 27 December
2016, the State Counsellor’s Office issued a notification detailing the legal basis for, and
objective of, the identity card for national verification, a document that is a prerequisite for
applying for citizenship if the applicant no longer holds an identity card. While the identity
cards for national verification are issued in accordance with the 1949 Registration of
Residents Act (and related 1951 rules), the rights accorded to identity card-holders differ
from those for persons holding National Registration Cards (three-folded cards) issued
under the same Act.
13.
In addition to clearly articulating that the identity card for national verification is
issued only for the purposes of scrutinizing the eligibility of the holder for citizenship (in
accordance with the 1982 Citizenship Law), the notification specifically stated that: (a)
card-holders can travel anywhere inside the country in accordance with the regional laws,
orders and instructions of their respective state government; (b) card-holders from Rakhine
State can travel freely in their resident township and inside Rakhine State in accordance
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