A/HRC/34/67
58.
In Rakhine State, the Special Rapporteur met individuals detained under section 17
(1) of the Unlawful Associations Act (1908), which is not in accordance with international
standards. She reiterates her concern that some individuals detained under that Act have
allegedly been tortured during interrogations. She is also concerned by the case of two
Kachin pastors, Langjaw Gam Seng and Dumdaw Nawng Lat, who spoke to journalists
following the bombing of their church in Mongkoe. The Government had initially denied
involvement in their disappearance but the Tatmadaw later admitted to detaining them. She
understands that they have been transferred to a police station and charged under the Act.
She questions whether that may be a case of reprisal for speaking out, and calls for a
thorough and impartial investigation, as well as respect for due process.
59.
Eight parties to the conflict in Myanmar remain listed in the report of the SecretaryGeneral on children and armed conflict (see A/70/836-S/2016/360, annex 1). The Special
Rapporteur welcomes the release of over 800 children from the armed forces since 2012, as
well as the improvement of age verification procedures. She reiterates her calls for the
Government to ratify the Optional Protocol to the Convention on the Rights of the Child on
the involvement of children in armed conflict, and for ethnic armed groups to develop
action plans, including against underage recruitment.
60.
The Special Rapporteur condemns in the strongest terms the apparent total disregard
for civilian lives and underlines the need for all parties to take immediate steps to protect
civilians, respect international human rights and humanitarian law and end the violence.
She particularly recalls common article 3 of the Geneva Conventions, which provides for
the protection of civilians from inhumane treatment and violence to life and person in noninternational armed conflicts. Urgent steps should be taken to ensure independent and
impartial investigations into all violations. Training and awareness-raising in the military
and armed groups should also be provided and expanded.
3.
Peace process
61.
Against that concerning context, the peace process is continuing. The Special
Rapporteur welcomes efforts by the Government to engage in dialogue with all groups. The
Twenty-first Century Panglong Conference took place from 31 August to 3 September
2016 and was attended by representatives of the Government, the parliament, the
Tatmadaw and 18 armed groups, while 3 other armed groups were excluded. During her
recent visit, she was informed that national-level dialogues had been held in three regions
(Kayin State, Tanintharyi Region and Nay Pyi Taw) as part of the consultative process. The
next Union-level peace conference will be held soon; it is currently unclear whether all
groups can participate. She welcomes assurances that human rights will be mainstreamed
across discussions and underlines the need for the inclusion of commitments to, and
mechanisms for, accountability and non-discrimination, as well as issues relating to land
and natural resource sharing and entrenched inequalities. The Special Rapporteur notes that
a parallel civil society organization forum is due to be held and reiterates the vital role of
civil society in the peace process.
62.
The Special Rapporteur welcomes the increased female representation in the
Twenty-first Century Panglong Conference, at which women represented 13 per cent of all
participants, while noting that that still falls short of the previously agreed minimum of 30
per cent. She has received assurances that efforts will be made to increase representation
further at the next conference and hopes that the minimum level will be reached. She
highlights the fact that, in line with Security Council resolutions 1325 (2000) and 1889
(2009), women should be represented at all levels, including in decision-making and
leadership positions and implementation mechanisms. She notes with concern that gender
equality and women’s rights have not been recognized as a priority area, failing to qualify
as one of the 20 sub-themes drawn up during the peace process. She recommends that
consideration be given to establishing a gender advisory group at the national level.
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