A/HRC/31/71
which would comprehensively underpin the consolidation of democracy and rule of law in
the country.
73.
Myanmar underwent its second universal periodic review in November 2015. While
the Special Rapporteur commends the Government for its active engagement in the process,
she regrets that many important recommendations were not accepted, including
recommendations on the Peaceful Assembly and Peaceful Procession Law, the Citizenship
Law and the four “race and religion” laws. She calls upon the Government nonetheless to
consider implementing these recommendations. The Special Rapporteur hopes that the
Government will take the necessary steps to ensure follow-up to the recommendations
accepted, and those made by other human rights mechanisms. In this regard, she welcomes
the statement by the Ministry of Foreign Affairs that Myanmar will consider the
development of a national human rights plan of action to support the implementation of the
recommendations accepted during the universal periodic review.
74.
In November 2015, the Subcommittee on Accreditation of the International
Coordinating Committee of National Institutions for the Promotion and Protection of
Human Rights classified the Myanmar National Human Rights Commission with “B”
status. The Special Rapporteur urges the Government to amend the Myanmar National
Human Rights Commission Law (2014) and to act on the Subcommittee’s
recommendations, particularly with regard to the appointment process and the need to
ensure adequate funding and to safeguard the Commission’s financial independence.
75.
Lastly, given the broad scope of prevailing human rights challenges and the
priorities for the new Government, the Special Rapporteur continues to highlight the value
of establishing an office of the Office of the United Nations High Commissioner for Human
Rights (OHCHR) with a full mandate. The continued restrictions on visas and travel
authorizations faced by the OHCHR team currently operating in Myanmar illustrate the
need for a sustainable, long-term solution. The establishment of a full-fledged OHCHR
office in Myanmar in the coming months could provide the Government and Parliament
with much needed assistance and support in their efforts to consolidate democratic reforms
and to ensure greater respect for human rights during this important period.
IV. Conclusions
76.
Myanmar is a very different country to the one of just a few years ago. Four
years of wide-ranging reforms have undeniably changed the situation of human
rights. The impact of the historic elections held in November 2015, resulting in the
formation of a new Government and Parliament, with more than 100 former political
prisoners among them, cannot be overstated. Now is not, however, the time for
complacency. The uncertainty and lack of clarity in government authority and
functioning during this period of transition will not, it is to be hoped, be accompanied
by instability and political tensions, which could provide an environment for further
human rights abuses and violations. The situation should be monitored closely.
77.
There is now a real opportunity to address and tackle the key human rights
challenges that continue to affect all communities in Myanmar. These challenges
should be at the top of the country’s agenda over the coming weeks and months. The
Special Rapporteur believes that this is essential in order to make meaningful and real
progress towards democratic transition, national reconciliation, sustainable
development and peace in Myanmar. While progress can and should be made quickly
and urgently in some areas, others issues will take time to resolve. These are complex
issues that will require not only legislative and policy change, but also a change in
behaviour and mindset. The Government should regard civil society and human
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