A/HRC/34/67
independence and impartiality, and confusing, inconclusive and delayed outcomes.
Where the State is unable to discharge its primary duty of investigating violations,
taking appropriate measures against perpetrators and providing victims with effective
remedies, it must seek assistance to do so. When it is unwilling to do so, the
international community must step in and step up.
IV. Recommendations
87.
The United Nations should, under the leadership of the new Secretary-General,
arrive at a more comprehensive and coordinated approach to United Nations action in
Myanmar, including peacebuilding, development and humanitarian assistance, with
human rights principles at their core.
88.
The international community should:
(a)
Establish a commission of inquiry to investigate the systematic,
structural and institutional discrimination in policy, law and practice and the longstanding persecution against the Rohingya and other minorities in Rakhine State with
a focus on the incidents of violence in 2012 and 2014, and the security operations
following the attacks on 9 October 2016, which may amount to crimes against
humanity;
(b)
Hold a dedicated and urgent discussion on Myanmar in the appropriate
format at the Human Rights Council to address the human rights violations occurring
in other parts of the country, including the escalating conflict in Kachin, northern
Shan, as well as increasing militarization in areas such as Kayin State;
(c)
Call on the Government of Myanmar to implement its commitment to
open an OHCHR country office with a full mandate;
(d)
Remain seized of the human rights situation in Myanmar in all relevant
intergovernmental forums;
(e)
Put human rights at the forefront of all bilateral cooperation with, and
investments in, Myanmar and proactively adhere to the Guiding Principles on
Business and Human Rights;
(f)
Ensure that all investors and businesses, domestic and international,
abide by the Guiding Principles on Business and Human Rights and other relevant
standards in their investments and operations in Myanmar;
(g)
Ensure that the home States of companies operating in Myanmar fulfil
their duties to protect human rights as called for by the Human Rights Council in its
resolution 31/24.
89.
The Special Rapporteur reiterates all of her previous recommendations
addressed to the Government of Myanmar that have not yet been implemented. In
particular, she reiterates the recommendations listed below.
90.
Regarding the rule of law and democratic space, the Government should:
(a)
Amend or repeal 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
A/HRC/31/71, annex), to bring them into line with international human rights
standards;
(b)
Remove criminal sanctions from the Peaceful Assembly and Peaceful
Procession Law and amend or repeal section 505 (b) of the Penal Code;
(c)
Review and amend the Citizenship Law (1982) to bring it into line with
international standards. In particular, remove provisions that provide for the
granting of citizenship on the basis of ethnicity or race;
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