A/HRC/43/59 3. Rule of law, reform and building capacity to protect rights 68. The rule of law was one of the priorities of the National League for Democracy, but this has not been established although it is paramount for the consolidation of democracy. This is demonstrated by prosecutions of individuals that routinely violate their right to a fair trial and cases of gross miscarriages of justice. The Special Rapporteur recalls the conviction of Wa Lone and Kyaw Soe Oo of Reuters, who were found guilty under the Official Secrets Act of 1923 for exposing a massacre in Inn Din, Rakhine State in 2017. Throughout her tenure, the Special Rapporteur has recommended the reform of laws that may violate human rights, and has provided a non-exhaustive list of legislative provisions that should be reformed (A/HRC/31/71, annex), to which she referred in her proposed joint benchmarks. Very few of the provisions she listed have been amended or repealed and the legislative review and drafting process continues to lack transparency. A systematic consultation process for legislative drafting and review to ensure adequate consultation with stakeholders should be developed. 69. The Citizenship Law must be reformed urgently. It continues to be applied discriminatorily, and there are increasing concerns about Muslims outside of Rakhine being rendered stateless as a result. The national verification card process must be brought to an end, as it has no basis in law, is discriminatory and, according to the figures provided by the Government, does not result in individuals’ citizenship being recognized. The Special Rapporteur is concerned to have received information about Hindus and other religious minorities being issued national verification cards. The fabric of Myanmar society must not be based on a hierarchy of citizenship statuses but on equality. The connection between citizenship and membership of a “national race” must be removed, and instead there should be recognition of the benefits of diversity. 70. The proposed prevention of violence against women law has been introduced to parliament. The Special Rapporteur has repeatedly raised issues concerning some of its contents; it should fully comply with international standards and the obligations of Myanmar under the Convention on the Elimination of All Forms of Discrimination against Women. All forms of sexual violence, in particular, must be criminalized. The Special Rapporteur is informed that rules and procedures to implement the Child Rights Law are being developed, and should be adopted quickly. The guiding principles of non-discrimination and the best interests of the child are of particular importance for accessing health and education. 71. The Special Rapporteur observes that to move the country forward, reform, increased capacity and modernization are necessary at every level of governance to protect rights. The Constitution must be amended to ensure that rights are guaranteed to all, and that it does not contain vague grounds for restrictions that do not accord with international law, such as preserving “community peace and tranquillity”. Furthermore, the entire Government and security forces should be brought under civilian control. In this regard, she notes the progress made with the General Administrative Department, which was brought under civilian control in 2019. 72. The Government must continue to work with the international community to create modern institutions that have the capacity and ability to carry out their function to serve the people of the country, without discrimination. This includes reforming the Myanmar National Human Rights Commission to bring it into compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles) and to ensure it becomes an institution that genuinely promotes and protects human rights. The Special Rapporteur was disheartened by the recent appointment of commissioners. The new Commission includes four women, which is three more than the previous membership. However, there was no transparency in the appointments, and there is no religious or ethnic diversity, no member from civil society and all the Commissioners are former civil servants with direct or indirect ties to the military. This demonstrates serious backsliding regarding the promotion of human rights. 15