A/HRC/31/71
para. 68). She also believes that the effective operation of the rule of law in Myanmar will
require amendment of the Constitution of 2008. While aware that discussions on
constitutional reform continue to be politically sensitive, this is of vital importance for a
democratic Myanmar; she therefore encourages all political parties and stakeholders to
continue their dialogue to this end.
11.
The current legislative process should be reviewed as a priority. The lack of
systematic public consultation on draft laws and the involvement of civil society have
resulted in laws that do not meet the needs of the people and that fall below international
standards. The Special Rapporteur therefore calls upon the new Government to take
measures to improve the legislative process and to adopt procedures that guarantee
transparency and the systematic engagement of civil society and the general public in lawmaking. The Special Rapporteur welcomes the adoption by the Office of the Attorney
General of the Strategic Plan (2015-2019), which includes important commitments to draft
and vet laws that serve to protect human rights and to uphold prosecutorial ethics. She
encourages continued cooperation with the international community to ensure full
implementation of the plan.
12.
The Special Rapporteur is concerned by the adoption, on 29 January 2016 (the last
day of the previous Parliament), of the Former Presidents’ Security Law. The law, which
grants immunity for undefined “measures” taken during office “in accordance with the
laws”, could potentially grant immunity for grave violations of human rights, in
contravention of international law.
13.
The draft prison law, which remains pending, falls below international standards in
several areas (see A/70/412, para.74). The Special Rapporteur recommends that the
provisions on the use of force by prison superintendents be amended, and that provisions
mandating independent monitoring of prison conditions be included; that clear limitations
on the use of solitary confinement be introduced; and that fettering as a means of restraint
be prohibited.
14.
The draft child law is currently before the Office of the Attorney General for review.
The Special Rapporteur welcomes the engagement with civil society in its development, as
well as the provisions that would increase the State’s compliance with the Convention on
the Rights of the Child, including those on the recruitment of children in the armed forces
and on the minimum age of criminal responsibility. This important legislation should be
adopted by Parliament without delay.
15.
An independent judiciary capable of enforcing legislation fairly and consistently is
necessary for the viability of the rule of law. Although the separation of powers and the
independence of the judiciary in Myanmar are guaranteed by the Constitution of 2008, they
are undermined by the control currently exercised by the executive over the judiciary.
Moreover, the Special Rapporteur notes that the training of individuals holding judicial
positions is inadequate. There is also widespread evidence of judicial corruption. In a report
issued in December 2015, the Judicial and Legal Affairs Complaints and Grievances
Investigation Committee found that the judiciary remained one of the country’s most
corrupt institutions. It confirmed the existence of a chain of bribery with judges at different
levels taking instructions from their superiors.
16.
In the light of the above, the Special Rapporteur welcomes the continued efforts
made to strengthen the judiciary, including the adoption of the Strategic Plan (2015-2017)
by the Supreme Court. Further steps are, however, necessary to guarantee the independence
of the judiciary, such as measures to reform the judicial appointment process, in accordance
with article 10 of the Basic Principles on the Independence of the Judiciary, including by
creating a judicial appointments committee; increasing the salaries and pensions for judges
to make them commensurate with the status and responsibility of their office; creating a
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