A/HRC/43/59
4.
International instruments and mechanisms
73.
Myanmar must become a party to all the remaining core international human
rights instruments to which it has not yet acceded, and must incorporate those rights
in its law, policy and practice. The same goes for incorporating obligations under the
treaties to which it is already a party. Doing so will provide Myanmar with the means
to bring about reforms to further the transition and overcome long-standing issues.
Engaging with all human rights mechanisms, including special procedures of the
Human Rights Council, the universal periodic review and treaty bodies, and the
Office of the High Commissioner for Human Rights (OHCHR) will provide Myanmar
with necessary guidance and assistance. The Special Rapporteur notes that Myanmar
has a number of outstanding and upcoming reporting obligations that it should meet.
IV. Recommendations
74.
The Special Rapporteur recalls the recommendations she has previously made
that have not been implemented and calls for their implementation. She makes
particular recommendations to the Government in relation to the thematic areas she
has reported on, as well as recommendations to assist it in moving forward. She
recommends that the Government:
(a)
Plan and hold a national dialogue that is inclusive, participatory and
grounded in human rights, involving a wide variety of stakeholders from across the
country at the local, state, regional and national levels, to establish a foundation for
the democratic transformation to proceed;
(b)
Sign and ratify all the core human rights instruments. Fully engage with
international human rights mechanisms, including the human rights treaty bodies, the
universal periodic review process and special procedure mandate holders, and ensure
the timely fulfilment of its reporting obligations;
(c)
Open an OHCHR country office with a full mandate;
(d)
Follow through on its declaration that it will fully cooperate with the
next Special Rapporteur on the situation of human rights in Myanmar.
75.
Regarding the democratic space, the Special Rapporteur recommends that the
Government:
(a)
Widen space for free and open public debate among everyone in the
community in advance of the elections, ensure that all persons entitled to vote are able
to exercise that right, in particular in states affected by conflict, restore the right to
vote for Rohingya persons and ensure that elections are transparent, inclusive,
participatory, free and fair and that they are open to independent local and
international observers and media;
(b)
Withdraw the draft anti-hate speech law, work in open consultation with
a wide range of local and international stakeholders on an effective antidiscrimination law and take wide-ranging positive action to combat incitement to
violence, discrimination and hatred in accordance with the Rabat Plan of Action;
(c)
Publicly counter nationalist, extremist and populist narratives and
promote pluralism, tolerance and inclusion;
(d)
Release all political prisoners and provide them with redress and
rehabilitation, withdraw all charges against individuals for legitimate expression and
democratic activity and halt all politically motivated charges that contravene the
rights to freedom of expression, assembly and association.
76.
Regarding land rights, business and human rights, the Special Rapporteur
recommends that the Government:
(a)
Recognize and protect rights to land tenure for those practising
communal and customary land use and those displaced by conflict and cease forced
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