A/HRC/31/71
6.
The Special Rapporteur publicly welcomed the elections as a new chapter in the
country’s history. She recalled, however, that pre-election human rights concerns were
symptomatic of broader human rights challenges requiring the urgent attention of the new
Parliament and Government. They include the disenfranchisement of hundreds of thousands
of people, including from minority communities; the disqualification of many Muslim
candidates; and continuing restrictions in the exercise of the rights to freedom of
expression, peaceful assembly and association.
7.
Following the announcement of the election results, President Thein Sein
congratulated Daw Aung San Suu Kyi and affirmed his commitment to an orderly and
peaceful transfer of power. The Commander-in-Chief of the armed forces also reiterated
past pledges to respect the election outcome. On 18 January 2016, the Union Election
Commission announced the names of the military representatives who would occupy the 25
per cent of parliamentary seats reserved for them. The last session of the outgoing
Parliament concluded on 28 January. The new Parliament, which includes more than 100
former political prisoners, convened its first session on 1 February. The new Government is
expected to take up its functions on 31 March 2016.
III. Situation of human rights
A.
Rule of law and democratic space
1.
Legislative reform
8.
The Special Rapporteur welcomes the legislative reforms carried out since 2011 and
the steps taken by the Government to review and amend some laws that do not meet
international human rights standards.2 She was informed that the Parliament had passed
more than 220 laws during this period. As noted in past reports, however, some of these
laws and older laws still in force do not comply with international standards and should be
amended as a priority (see annex for a non-exhaustive list).
9.
With the arrival of a new Government and Parliament backed by a strong mandate,
Myanmar has the opportunity to transform its domestic legislation. The Special Rapporteur
therefore recommends the development of a comprehensive programme of legislative
reform to ensure compliance with international human rights norms and provide protection
for the rights of the entire population. Involving civil society in this process, strengthening
the independence of the judiciary and improving access to justice will be vital. In this way,
Myanmar can strengthen the rule of law and build confidence in national institutions.
10.
In June 2015, five proposed amendments to the Constitution of 2008 were submitted
to Parliament, but ultimately rejected. They included a proposed change to article 436,
lowering from 75 to 70 per cent the proportion of parliamentarians required to approve a
constitutional amendment, and to article 59 (f) on the ineligibility for presidential office of
those with spouses and children of foreign nationality. Only an amendment to article 59 (d)
– replacing the word “military” with “defence” among the required areas of knowledge for
presidential candidates – was adopted. A positive outcome of a referendum on the
amendment is required before it can enter into force. The Special Rapporteur has previously
highlighted the need to reform constitutional provisions that do not comply with
international standards (see A/HRC/28/72, para. 25, A/69/398, paras. 63-67 and A/70/412,
2
For example the Wireless Telegraphy Act (1934), the Printer and Published Registration Act (1962)
and the Law Relating to the Forming of Organizations (1988).
3
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